Name: Yahya Benchelha
IP address: 105.135.170.100
Terms accepted: 2024-07-03 07:55:22
1. General
i) These terms and conditions establish the utilization of the goods and/or services provided through the
topkidsjoy.com, hereinafter referred to as "The Website," and owned by Govari limited, a legal entity
identified by the Cyprus tax identification number 60026651B, and having its registered address at Agiou
Sila, 65, Akrotiri Limassol 4640 Cyprus, shall be subject to the following terms and conditions. In this
agreement, the terms "The User" or "The Users" pertain to individuals engaging with the aforementioned
goods and/or services.
ii) By engaging in the purchase of goods and/or services from topkidsjoy.com, The User acknowledges and
accepts these terms and conditions, thus entering into a legally binding contract with The Entity, hereinafter
referred to as "The Company." The User affirms that they possess the requisite legal capacity, as per the
legislation applicable in their country of residence, to enter into such a contract.
iii) This contract is construed as a comprehensive agreement that accompanies each specific transaction
involving the purchase and sale of goods and/or services. The completion of such transactions occurs upon
the Company's delivery of the relevant goods/services and the User's payment of the corresponding price.
The details of these transactions are duly documented in an accompanying invoice or payment receipt.
2. Purpose of the contract
i) Upon acceptance of this agreement, it is mutually acknowledged that the Entity undertakes to vend
products (physical and/or digital) and/or deliver services chosen by the User for acquisition or engagement
from the array available on the website. The User is obligated to remit the specified price for each product or
service as delineated on the Website.
ii) Users of the Website are granted the choice to procure products of their liking showcased on the Website
or enroll in the loyalty or membership program. Membership entails recurrent credit top-ups, providing
access to more advantageous conditions, elucidated below.
iii) The Website, at its discretion, will define the spectrum of goods and services accessible on the website,
including the existing inventory for each product. It retains the liberty to adjust said availability as it deems
fit and whenever necessary.
iv) The pricing of products on the Website will vary for member and non-member users, subject to market
fluctuations and third-party supplier offers.
3. Delivery
i) The delivery timeframe for each product on the Website is specified and typically ranges between 2 and 7
working days, unless expressly stated otherwise. Regardless, all deliveries will be completed within a
maximum period of 30 calendar days from the order placement.
ii) Professional carriers, engaged for this purpose, will dispatch the products to the address provided in the
order. If a product is not delivered within the agreed period, it is the User's responsibility to notify the
Company.
iii) The Company reserves the right to subcontract third-party suppliers for product distribution or the
provision of contracted services, including transport services. In the event of a User rejecting the product,
they will be liable for any resulting expenses and assume the risk of loss or accidental damage.
iv) Risk, starting from the moment of delivery, is transferred to the User. Ownership of the products is
vested in the User either upon the Entity's receipt of full payment (inclusive of shipping costs) or upon
delivery, whichever occurs later.
4. E-products and services
i) The website also offers the option to purchase digital products, which do not entail any physical delivery of
goods, such as license keys and e-books. "License keys" or "activation keys" are limited to one purchase per
user account, unless stated otherwise. Upon successful purchase, instructions will be provided in the order
confirmation email, sent to the registered email address. In case the User does not receive the activation
instructions, they may contact customer services for assistance.
ii) Once activated, the digital products can be used immediately, either by direct download or sending to the
email provided. As returns and refunds are not allowed for digital products, it is imperative that the User
verifies their email and server before registering to avoid any problems. Any malfunctions or issues regarding
digital products may be resolved by contacting the customer service department.
iii) The Company, at its discretion, may cancel any orders for digital products if it detects any abusive or
fraudulent activity that violates these terms and conditions.
5. Club program
i) The Club program entails User participation in a recurring purchase program, leading to the accumulation
of credits. These credits can subsequently be exchanged for goods and/or services available on the Website at
discounted prices, as specified for each product and/or service.
ii) Participants in the membership program commit to acquiring a predetermined amount of credits or
bonuses les 14 jours, based on the selected membership plan from those presented on topkidsjoy.com or in
concurrent marketing offers.
iii) To enroll in the club program, Users can follow the outlined procedures on the Website or make a
purchase at the membership price while accepting the associated conditions.
iv) Users have the flexibility to change their membership plan to a higher or lower one at any time through
their personal account, with the modification taking effect from the subsequent automatic payment charge.
Failure to pay the full membership price on the due date will result in automatic demotion to the plan
immediately below, granting access to the lower membership plan with a cost of 6.95€.
v) Registered Users must undergo an automatic credit purchase set les 14 jours. For each euro paid (or
equivalent currency at the applicable exchange rate), Users acquire one credit. These purchased credits are
visible in the User's personal account on the Website and remain valid for 90 days from the acquisition date,
after that time credits will expire and cannot be used for purchases.
vi) Before and after each automatic credit acquisition, Users receive a confirmation notification. The users
have the option to skip the subsequent automatic credit payment by selecting this choice in their personal
account before the scheduled payment is due.
vii) Should a User wish to terminate their membership plan, they must communicate the cancellation with a
14 day notice using the "Unsubscribe" function in their personal account or by contacting customer service.
The cancellation becomes effective 14 days after this communication.
viii) Users can also cancel their plan, without adhering to the 14-day notice, by opting for this choice in their
personal account and making a final credit purchase of 6.95.
ix) Upon membership cancellation, associated benefits cease. Available credits will expire as set forth above.
x) The Website provides probationary periods for various membership plans. Users wishing to discontinue
the membership plan after a probationary period must cancel it before the probationary period concludes to
avoid future credit payments per the registered plan taking place.
xi) The Website may extend gifts for free or redeemable discount credits as a welcome gift. The applicable
prices and plans are those continually displayed on topkidsjoy.com and in any ongoing marketing offers.
These credits follow the expiration rules outlined in the membership plan and the designated period during
the probationary period. If the initial probationary period for membership concludes, any complimentary
credits gifted will also be canceled.
xii) The Company holds the authority to offer promotional deals to member users, involving discounts on the
price associated with the initial shipment of products.
6. Price and taxes contributions
i) The prices of products or services are as specified on the Website or, if applicable, in the marketing offer at
the time of confirming the order or subscription to the service. The User is advised that prices may slightly
vary due to differences in the value between euros and the User's currency, and the Company is not
responsible for such fluctuations.
ii) The Company reserves the right to change the prices of the products or services offered at any time. If the
User is subscribed to a membership plan, they will be notified well in advance of any price changes and have
the option to cancel their subscription before the change takes effect.
iii) The price of a product may differ based on whether the User participates in the membership program or
not. Generally, product prices for member users will be significantly lower than those for non-member users.
The prices displayed do not include the transport service necessary to deliver the order, which will be
detailed in the order process.
iv) The displayed prices for products include, where applicable, the Value Added Tax (VAT) or equivalent
indirect tax legally applicable in the country of consumption. It's important to note that the VAT rate applied
to each product depends on the product purchased, as some are subject to the general VAT rate, and others to
reduced VAT rates, along with the applicable VAT rate in the country of consumption.
v) Users placing orders for delivery to a non-EU country may be required to pay import duties and taxes,
which may be charged upon the package's arrival at its destination. Any additional amounts due to customs
clearance will be borne by the User. The Website has no control over such amounts, as each country has its
own product import policy. It is the responsibility of the User to comply with the import regulations in force
in their country.
vi) The User agrees to receive invoices (and, where applicable, receipts) for their purchases of products and
services electronically.
7. Return policy
i) Unless otherwise specified in this contract, the User has the right to exercise their right of withdrawal by
returning the purchased products within a period of 14 calendar days from their physical reception. To
initiate the withdrawal process, the User can contact the Company via the customer service email.
ii)The Company retains the right not to partially or fully refund the amount of returned goods if the product
shows damages caused by the User or is unreturnable due to hygienic reasons or health protection, especially
if unsealed.
iii) Goods returns will be processed by the Company within 14 days from the date of receipt and inspection at
the Company's facilities or from the date of communication by the customer if the physical return of the
product is not required. The refund will be conducted through the same payment method used by the User.
The Company may exercise flexibility in its return policy based on the circumstances of each case. If a user
has paid part of the price in credits, this portion will also be refunded in credits.
iv) The User must provide the Entity and carriers with all necessary information for customs formalities and
required shipment documents.
v) Any defect, damage, or abnormality in the received product, or discrepancies in the quantity ordered, must
be promptly communicated to the Company by the User. In the case of a defect, the User must provide
photographic evidence.
vi) If a defect is not immediately apparent, the User must notify the Company as soon as reasonably possible
and cooperate in providing information for investigation.
vii) The User is not authorized to return products for a refund upon delivery or through a parcel office.
Return transport costs will be borne by the User if they are not a member of the membership program and by
the Company if they are. Returned products should be labeled with the sender's name and address, marked as
"claim" unless it's a withdrawal without cause, in which case it must be labeled "return."
viii) Amounts paid for credits are non-refundable, even if unused during their validity period, unless the
purchase was processed due to an error by the Company and was not consented to by the User.
ix) Returning a product partially paid for with credits will result in the return of the used credits and, if
applicable, the return of the amount paid through another means of payment, refunded to the same payment
method.
x) Digital products (license keys, e-books, etc.) are not refundable once the software is activated or
downloaded. The User acknowledges the loss of the right to withdraw from the contract from the moment
they can use the purchased digital product, unless it is defective.
8. Confidentiality and individual information security
i) The User provides consent for the processing of their personal data by the Company in accordance with the
purposes specified in the privacy policy available on topkidsjoy.com, among other things, for the execution
of this contract.
ii) Users have the right to exercise their data protection rights in accordance with the applicable regulations in
their country of residence. Specifically, Users residing in European Union member states may exercise rights
such as access, rectification, deletion, opposition, limitation to processing, and portability, as outlined in the
General Data Protection Regulation (EU Regulation 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 its implementing regulations.
iii) For U.S. citizens and permanent residents of the United States, the exercise of rights will be in accordance
with the applicable law in the user's state and jurisdiction.
iv) To verify the identity of the User, the Company may request accompanying proof of identity along with
the User's request.
9. Liability
i) The Company holds no liability for changes in prices, taxes, or duties applicable to products,
unavailability, or supply issues. It is not responsible for defaults by third parties, force majeure, or if the User
provides incorrect contact details or delivery address or fails to receive the product diligently.
ii) Users should diligently check their email, ensuring messages from the Website are not flagged as spam.
The warranty on products varies for consumers and those acting professionally, in line with Directive
1999/44/EC and European Directive 2019/771, offering legal guarantees of 2 or 3 years.
iii) The Website may feature hyperlinks to third-party pages, and the Company is not accountable for their
content.
iv) Promotional activities, whether direct or through third parties, may be terminated as the company sees fit.
10. Fraudulent or malicious activity
i) The User acknowledges that the Company reserves the right to temporarily suspend their user account
and/or cancel orders in the event of detecting any activity deemed fraudulent or abusive. Transactions
suspected of being abusive or fraudulent will be refunded to the original payment method used by the User.
ii) If the User identifies any fraudulent or abusive activity in their account, they can contact the customer
service of the Website to report the issue. The Company will investigate the case and attempt to resolve the
situation.
iii) To prevent abuse, the Website restricts the creation of user accounts to one per person and two per IP
address. The Company reserves the right to monitor any attempt to establish multiple accounts. Persistent
violation of this policy will lead to the termination of all associated user accounts.
11. Contact details
i) With the acceptance of our Terms and Conditions, the User provides consent to receive automated
notifications via SMS and/or email, pertaining to their orders, personal preferences, and other activities
related to the services offered by the Website.
ii) Users enrolled in the membership service will receive personalized product offers prior and after each
credit acquisition as part of the service. Additionally, they may choose to receive emails, newsletters, special
offers, and other updates to enhance their shopping experience. Users can opt-out of optional notifications at
any time by accessing "My Account" in their user profile on the Website or by contacting customer service.
iii) The Company shall not be held responsible for the unsuccessful, delayed, or inaccurate delivery of the
corresponding product or service if the User has provided incorrect data or fails to keep their information
duly updated. Users can reach out to the Company using the following contact details:
[email protected].
12. Assignment of obligation
i) The Entity retains the right to transfer the rights and obligations arising from its contractual relationship
with the User to a natural or legal person it deems appropriate. In such a case, the Entity is obligated to
communicate this transfer to the User.
ii)The User is not allowed to transfer or assign a contract, or any of the rights or obligations derived from it,
without the prior written consent of the Company.
13. Applicable law
i) These terms and conditions shall be governed and construed in accordance with the laws corresponding to
the registered address of the Entity. The Judges and Courts of the registered address of the Entity shall have
jurisdiction to settle any conflicts arising from the application or interpretation of these terms and conditions.
ii) All disputes related to card processing shall be subject to Cypriot jurisdiction.
iii) If the User qualifies as a consumer and is a resident of one of the Member States of the European Union,
they may also opt to invoke the jurisdiction of their country of residence and any mandatory provisions of the
legislation of their country of residence.
iv) Users with consumer status residing in the United States, they may choose to apply the jurisdiction of
their State of residence and the mandatory rules of the law of their State of residence.
v) In the event of any dispute related to the compliance with these terms and conditions, both parties agree to
attempt an amicable resolution in good faith before resorting to any other means of dispute resolution.
14. Alteration and enforceability of the terms and agreement
i) The Entity retains the right to modify these terms and conditions, as well as any existing policies on the
Website, at its discretion and at any time.
ii) The User will be bound by the terms and conditions, policies, or sales conditions that were in effect at the
time of placing their order, unless changes are necessary due to applicable legal provisions or at the request
of public authorities.
iii) Should any of the conditions, terms, and/or policies be deemed invalid, void, or ineffective for any
reason, that specific condition will be excluded without impacting the validity or enforceability of the
remaining conditions.
