Terms of service

Last updated: Sep 15, 2021

Please read these terms and conditions carefully before using Our Service.

By using our website and placing an order, you agree to our Terms of Service, Privacy Policy and Refund Policy.

INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS
For the purposes of these Terms and Conditions:
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to topperomance, Shenzhen, China.
Country refers to: China.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party means someone who may be indirectly involved in the situation, but is not a principal party.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to www.topperomance.com , accessible from https://topperomance.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

By accessing or using the Service You agree to our Refund Policy. If You disagree with any part of these Terms and Conditions then You may not access the Service.

WAIVING RIGHTS
By uploading the files or any other additional information You are allowing Us or any Third-party involved with Our Company to use the given files and information for production and distribution purposes, to publish the information and files uploaded, and to make any derivative work based on such information.

Users wave their rights on any and all compensation and credit when providing with feedback and suggestions.

OUR SERVICES
Upon choosing the product You would like to purchase You will be provided with the options such as, but not limited to: size, color, illustration quantity, background photo, background color, graphic style, and such, which You will be expected to choose from. Preview of these variables on the actual product You have selected will not be available because of the personalized nature of the product in question. Be advised to check all the variables before purchasing and do not rely on the product image visible on the product page as it will not reflect the options You have chosen. Any refunds requested based on the inability to use website as it was intended will result in having such claims and disputes rejected.

Any additional requests must be disclosed prior to purchase and may be subject to our pricing system.

Upon making a purchase, the uploaded files and information will be immediately send to factory, our warehouse will proceed with the purchased items. Any additional changes must be made within the 4 hours after the time at which the order has been placed.

We do leave space for reasonable refunds, regarding the disputes and claims where You were not satisfied with the product. These claims are in nature very specific to the case in question need additional evaluation, therefore cannot be any more specifically defined in this claus.

Any additional evaluation regarding claims, disputes and refunds may be processed both internally and by Third-party.

REFUND POLICY
Orders can be canceled or refunded, which can vary from one situation to another solely depending on the circumstances while following our general rules:

Cancellation period: Up to 24 hours after purchase.
Refunds fitting the cancellations period. Order cancellations, depending on the circumstances, might be available after this period, for which a re-stocking fee worth 15% of the product price might apply.
Refunds: 7 day upon receiving the product.
Full refunds are only available on defective products, while partial refunds can be issued in some cases which are evaluated manually.
Any refund request may require evidence, which You agree to provide, in order to be processed, and may very from case to case but can include photo or video evidence, documents and forms of identifications.

DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the China government embargo, or that has been designated by the China government as a “terrorist supporting” country, and (ii) You are not listed on any China government list of prohibited or restricted parties.

SEVERABILITY AND WAIVER


SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

CONTACT US
If You have any order questions about these Terms and Conditions, You can contact us:service@xctee.com