GENERAL TERMS AND CONDITIONS OF QUALITY GUARANTEE 

1. The Guarantor, i.e. TOPMET LIGHT Kłosowicz Wiśniewski i Wspólnik s.j., gives for the subject of contract a 12-month guarantee counted from the date of sale. A Guarantee period longer than mentioned in the preceding sentence is possible only in the case of an explicit TOPMET LIGHT’s declaration in this matter.

2. The Guarantor guarantees the subject of contract shall be in good working order and shall maintain the declared technical parameters throughout the Guarantee period.

3. Within the scope of Guarantee, the Guarantor takes an obligation to:

4. The method of exercising the Guarantee obligations shall be chosen by the Guarantor. In particular, the Guarantor declares that it shall return the Purchaser the price of goods, if the repair or replacement requires excessive costs or is hindered or pointless for other reasons.

5. The Guarantee liability shall cover only the defects revealed during the Guarantee period, occurred for the subject of contract’s reasons. The scope of Guarantee protection excludes:

TOPMET LIGHT hereby declares that the light parameters expected by the Purchases (in particular for: the light colour, lumen output, colour repeatability, Colour Rendering Index), higher than declared by the manufacturer, shall not be the basis for starting the Guarantee procedure. They shall not be treated as tantamount to the subject of contract’s inconsistency with the contract, either.

6. Guarantee service shall be rendered by the Guarantor in its premises. Repair at the Purchaser’s shall be possible if, at the Guarantor ‘s discretion, the repair in the Guarantor premises occurs impossible or pointless, or if this results from an agreement between both Parties.

7. The Guarantee liabilities shall be exercised by TOPMET LIGHT under the condition that the Purchaser submits to the Guarantor the goods claimed with a  manufacturer’s label intact and with a purchase receipt.

8. The Guarantor shall inform the Purchaser about its decision on the Guarantee claim and the method of exercising Guarantee obligations defined in sec. 3 not later than 14 days after the date of receiving a written report and receiving the defective subject of contract. The Guarantor shall also return to the Purchaser the cost of transporting the subject of Guarantee, up to the cost of the cheapest possible transport performed by subjects specialising in this area.

9. The risk of accidental loss or fault of the subject of contract, from the date the subject of contact is given t the Guarantor until it is collected by the Purchaser, shall be assumed by the Guarantor.

10. The product with the Guarantee claims shall be sent to the Guarantor and disassembled by the Purchaser before the Guarantee liability is recognised, for the Purchaser’s cost and risk.

11. The Guarantor’s damages liability shall be excluded up to the limit of voluntary fault. The liability exclusion concerns in particular all direct or indirect losses related to the spare parts faults or the loss of benefits that could be achieved if the Guarantor did not give faulty products to the Purchaser.

12. Any disputes resulting from this Guarantee shall be settled by a court of general jurisdiction competent for the Guarantor’s location.

13. The above Guarantee is applicable in the European Union.­­ To avoid any doubts, the Guarantor declares that the Guarantee is binding only for TOPMET LIGHT and the direct Purchaser of the product being the subject of the Guarantee. In particular, guarantee claims of further (indirect) purchasers is excluded.

14. This Guarantee does not exclude, limit or suspend the powers of the Purchases arising from the incompatibility of the delivered subject of contract with the contract.

RETURNS AND REFUNDS – TOPMET LIGHT COMPLAINTS POLICY

1. Complaints can be made with regards to the quality of the product which doesn’t meet EU technical standards. Discrepancies between the quantity on the invoice, the Goods Issued Note and the quantity delivered. Discrepancies between the type of product on the invoice, the Goods Issued Note and type of product delivered. Complaints with regards to the quality of the packaging. Purchase made at Topmet Light can be cancelled for any reason within 7 days from the date of delivery/goods. This is possible only if the product was not used, has not been damaged in any way, has the original packaging and the buyer has the original purchase document. Willingness to return must be submitted to relevant Topmet sales manager via email. The purchaser may choose to ship using their own courier account by prior arrangement with Topmet. Topmet is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities. In case of apparent damage to the parcel, the Purchaser must inform the relevant Topmet sales manager about the complaint as soon as possible. The complaint of the damage must be accompanied by documents, including but not limited to: a copy of the invoice, a document on payment of the purchase price, the complaint protocol, a photo or the damaged product (Photos of each side of the box including shipping label are required).

2. The Purchaser is obligated to complete the complaint protocol with precise description of the defect and the way how the defect is demonstrated.

3. In the event of failure to fulfil any obligation by the Purchaser, as set forth in these Rules of Complaint, the Seller cannot deal with the complaint. In case that the Buyer does not provide its statement within an adequate period determined by the Seller regarding solving the complaint by the Seller, resolution of the complaint by the Seller shall be considered as binding and final. The Purchaser should examine the Goods upon receiving them. If the Goods are faulty or damaged, you must notify us in writing or by email. Topmet Light is not liable for the damage and loss done during the transport and unloading of the goods that have been paid for by the customer and for the goods that have not been stored properly by the customer on his premises at his own risk. Please examine condition of packing before signing delivery receipts: Our products are thoroughly inspected and carefully packed before leaving our facility. Should you receive products in a damaged condition apparent or concealed, claims for damage and quantity must be made within 7 business days of receipt of goods. If damage has occurred in shipping all packaging must be retained by receiver. Failure to do so may void any claim.

4. The damaged goods protocol should include:

5. Topmet Light will process the complaint within 14 days of receiving it. (Unless governed accordingly by the relevant provisions of individual purchase contracts.)

6. Topmet Light will process one quality and one quantity complaint at the time, per each sales document.

7. Carrier shipping and delivery rules

Apparent Damage: Should visual inspection upon the receipt of a shipment show damage, it must be noted on the delivery receipt and signed by both you and the driver. Failure to do so will result in the carrier refusing to honour your claim. Retain all packing materials and notify carrier immediately that you wish an inspection report made. The carrier should send out a courier to the location of the delivery within 14 days so that a damaged/faulty goods protocol can be created.
Concealed Damage: When damage is not apparent until the product is unpacked, then a claim for concealed damages must be made immediately. Retain all packing materials and notify carrier that you wish an inspection report made so you can proceed to make claim against carrier. In case of concealed damage, photos of original packaging should be provided with the claim. (Photos of each side of the box/tube including shipping label are required.)

8. You should also notify the relevant Topmet sales manager about all concealed damage including photographic evidence of the damage.

9. Topmet reserves the right to take over the damaged or incomplete goods for inspection.

10. The complaint does not terminate the Purchasers liability for payment for the goods within the agreed time. Topmet is under no circumstances liable for any defect or fault caused by the Purchaser or a third party member arising out of the use or operation of the goods.

 

The RODO information clause

Dear Sirs,

Since your personal data may be processed by TOPMET LIGHT Kłosowicz Wiśniewski i Wspólnik s.j. (further: “Topmet Light” or the “Controller”), please read the following information pursuant to the requirements of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; further: the “GDPR”):

1. Topmet Light is the Controller of your personal data.

2. You can contact the Controller by sending:

3. The Controller processes your personal data under the applicable provisions of law, contracts and your consent.

4. Your personal data are processed for the following purposes:

5. Due to the processing of personal data for the purposes specified in Section 4 above, the recipients of your personal data may be:

6. Your personal data will be kept for no longer than is necessary for the purposes specified in Section 4 above and may be stored for longer periods and to the extent required under the generally applicable legal provisions.

7. Due to the processing of your personal data, you have the following rights:

8. If you learn about any unlawful processing of your personal data by Topmet Light, you have the right to lodge a complaint with a supervisory authority competent for personal data protection.

9. Where processing of personal data is based on the data subject’s consent, provision of your personal data to the Controller by you is voluntary.

10. You must provide your personal data if the reason for their processing is a legal provision or contract between the parties.

11. Your personal data may be processed in an automated manner but will not be profiled.

CEO Topmet Light