Terms & Conditions
1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
- Merchant: Topgift OÜ with registered office and place of business in Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, 10145, registered with the Chamber of Commerce in Estonia under number 16385730.
- Website: https://topgift.io/
- Client: the party that enters into an agreement with the merchant, places an order with the merchant, or to whom the merchant has submitted an offer to which these general terms and conditions apply.
- Products and Activities: all activities or products for which an order has been given or which are performed or delivered by the merchant on another account with regard to the agreement or quotation.
- Documents: all items made available to the merchant by the client, including: documents, information, materials, or data carriers, as well as all items, including documents, produced by the merchant in the context of the execution of the order.
- General terms and conditions: the terms and conditions on which all agreements between customer and merchant are based on.
- Agreement or order: any agreement between the client and the merchant, in accordance with the provisions of the agreement and/or order confirmation.
- Parties: Topgift OÜ and the customer together.
2. Applicability
- These Terms and Conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by Topgift.
- Deviations from these general terms and conditions are only valid if both parties expressly agreed upon it in writing. Any general terms and conditions or other terms and conditions of the client are not valid. The applicability thereof is expressly rejected by the merchant.
- If any provision of these general terms and conditions is null and void or annulled, the other provisions of these general terms and conditions shall remain in full force and the merchant and the client shall consult with each other with a view to agreeing on new provisions to replace the provisions that are null and void or annulled, whereby the purpose and purport of the provision that is null and void or annulled, as the case may be, shall be respected as much as possible. If the interpretation or content of one or more provisions of these general terms and conditions is unclear, they must be interpreted ‘in the spirit’ of these general terms and conditions. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- If the merchant does not always require strict compliance with these general terms and conditions, this does not mean that the provisions of these general terms and conditions do not apply, or that the merchant would lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases to any degree.
- The merchant reserves the right to update these Terms from time to time and any changes will be notified to the client via a suitable announcement on the Website. It is the client’s responsibility to check for such changes.
- The changes will apply to the use of the Website after we have given such an announcement. If the client does not wish to accept the new Terms he/she should not continue to use the Website. If the client continues to use the Website after the date on which the change comes into effect, the client’s use of the Website indicates the agreement to be bound by the new Terms;
3. Activities
- The merchant sells digital products via the Internet: such as, but not limited to, codes to top up credit in, for example, Amazon, Google Play, iTunes or Netflix. After payment, the customer immediately receives a code that can be redeemed at the service in question.
4. Discounts and offers
- The merchant may make use of discounts and offers, in which case the period of validity shall always be stated. This may include so-called ‘discount codes’ (paid or unpaid). These discount codes are specifically valid until the website owner’s promotion ends.
5. Processing of orders
- Topgift.io is not responsible for delays or failures in the handling of orders arising as a consequence of any problems in the telecommunications, computer, and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform.
An order is considered to be completed when the merchant makes a transfer of the required gift card amount to the customer’s account.
Topgift reserves the right to charge a fee for the processing of the order. You will be informed of the applicable fee before authorizing the order.
The return of the purchased products and activities is not possible after the order is completed.
In the implementation of the return, all payment processing fees are deducted from the funds received from you.
Topgift reserves the right to temporarily hold the funds transferred to it from you if there are attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Website. The funds will be returned to you via the same method of payment upon request.
By using the services, you agree that the liability of the platform is limited to the funds received from you for the execution of the order. The platform does not provide an additional warranty and assumes no additional liability to you.
Merchant reserves the right to refuse to process or to cancel any pending Order.
6. Agreement
- The agreement becomes effective after payment is made by the client.
- The agreement is entered into per payment.
7. Confirmation and acceptance of the order
- The agreement is concluded as soon as the customer has paid the merchant.
- The merchant reserves the right, without giving reasons, to reject an agreement.
- Any notice given under or pursuant to the agreed agreement will be made available in writing by email to the other party at the address stated on the order.
- The merchant is not bound to verbal agreements if these have not been confirmed by the merchant in the written form.
8. Modification of the order and reflection period
- All orders are subject to acceptance and availability. If the goods ordered are not available you will be notified by e-mail (or by other means if no e-mail address has been provided). You will have the option either to wait until the item is available from stock or to cancel your order.
- An already-placed order cannot be canceled. The reflection period and revocation period of 14 days are not applicable in view of the digital nature of the products to be delivered. Thus, there is no reflection period or revocation period. The client, therefore, agrees to direct delivery of the product after payment (both before and after) and explicitly renounces the reflection period and the right of revocation.
- The reason for deviating from the right of withdrawal is that a product cannot be returned because it cannot be ascertained whether the product has already been used. After all, it concerns digital products of which the seal is broken immediately after delivery. The nature of digital products makes any reflection period and the right of withdrawal impossible, except in case of delayed payment. In that case, the code has not yet been sent by the client nor received by the merchant and the product could still be revoked.
9. Delivery of orders
- Under no circumstances will the merchant be liable for any delay in the delivery of products. Merchant guarantees to deliver a working product code, in the absence of which a new code will be delivered (free of charge). Evidence for the malfunctioning of the code lies with the customer.
10. Multiple accounts policy
- It is prohibited to have more than one account on the Website.
- If it is detected that a customer has more than one account, all of the accounts will be temporarily disabled. The customer will be requested to choose which one of his accounts will be active, while the others will stay blocked permanently.
11. Termination policy
- We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or services.
You may terminate your account on the Platform at any time.
12. Eligibility
- Topgift prohibits the provision of the services in certain jurisdictions (hereinafter in the text referred to as “Restricted jurisdictions”) in accordance with our regulatory obligations.
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At the point of registering the account, you represent and warrant that you:
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are of legal age to form a binding contract (at least 18 years old);
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have not previously been suspended from using the services;
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are not located in, or is not a resident of any Restricted jurisdictions; and
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will not use the services if any applicable laws in your jurisdiction prohibit you from doing so.
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Topgift has the right to reject your orders and freeze the stored assets in your wallets if we detect that you provided us with false or misleading information regarding your eligibility to use our service.
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The list of Restricted jurisdictions for the provision of the services includes:
- Afghanistan;
- Belarus;
- Cuba;
- Democratic Republic of the Congo;
- Iran;
- Iraq;
- Myanmar;
- Namibia
- North Korea;
- Russia;
- Somalia;
- South Sudan;
- Sudan;
- Syria;
- Yemen
- geographies with unrecognized or disputed status.
13. Payment and collection costs
- Unless explicitly agreed otherwise, payment can be made by any of the payment methods offered on topgift.io website.
- Every financial transaction can be detained if there is a suspicion of financial risk. If no claim is made by the buyer within 30 days, this transaction will be considered to be overdue. A claim on the transaction can be made from the buyer via [email protected].
You confirm that the credit, debit card, or any other supported payment method account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged.
14. Confidentiality
- The merchant is obliged to keep any information concerning the client confidential.
15. Force majeure
- The merchant is not obliged to fulfill any obligation towards the client if he is hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which he is not responsible by virtue of the law, a legal act or generally accepted practice.
- In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which the merchant has no influence, but as a result of which the merchant is unable to fulfill his obligations (e.g. internet failures, interruptions in the payment service, etc.).
- In the event of force majeure, the customer shall immediately notify the merchant in writing, stating the cause of the force majeure.
- The merchant has the right to invoke force majeure if the circumstances that prevent (further) performance of the agreement occur after the merchant should have performed his obligation.
- The merchant has the right to suspend his obligations under the agreement during the period that the force majeure lasts.
- Following notification of force majeure on the part of the merchant, the customer has the right to cancel the order in writing.
16. Liability
The merchant undertakes to make reasonable efforts to ensure that Orders are processed promptly, but Topgift makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Topgift.
The services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. The merchant does not guarantee that any Order will be accepted. You hereby understand and agree that Topgift shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of Products and Activities price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.
To the maximum extent permitted by applicable law, in no event shall Topgift, its subsidiaries, and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the Website or the Products and Activities, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Topgift’ fraud, wilful misconduct or intentional violation of applicable law.
You agree to indemnify Topgift, its subsidiaries, and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Topgift, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the services.
17. Applicable law and choice of court
- The laws of Estonia govern these Terms and Conditions and through accessing this website and using Topgift’s services you consent to these terms and to the exclusive jurisdiction of the Estonian courts in all disputes, which may arise. If any of these terms are thought not to be valid or enforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will remain applicable.
