Terms of Service

Overview

This website (hereinafter referred to as the “Website”) is operated by TopsConsumer.com, with contact email at [email protected]. Throughout this Website, “we,” “us,” and “our” refer to the Company. The Company provides this Website and all information, tools, and services contained herein to you (the user) on the condition that you accept all terms, conditions, policies, and notices stated herein.

By accessing the website and/or purchasing any goods from us, you engage in our “Service” and agree to be bound by the following terms and conditions (hereinafter referred to as the “Terms of Service” or “Terms”), including other terms, conditions, and policies referenced herein and/or available via hyperlinks. These Terms of Service apply to all users of the website, including but not limited to visitors, suppliers, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions herein, then you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is limited to these Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province, or that you have reached the age of majority in your state or province and have consented to our permitting any minor dependents under your care to use this website.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses, malware, or any destructive code.

Violation of any provision may result in immediate termination of your Service.

Section 2 - General Terms

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transmitted in an unencrypted manner and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

Written permission, you agree not to reproduce, duplicate, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided.

The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We assume no responsibility for the inaccuracy, incompleteness, or untimeliness of any information provided on this website. The materials on this website are for general informational purposes only and should not be relied upon as the sole basis for decision-making. Instead, consult more authoritative, accurate, complete, or timely sources of information. You assume all risks associated with relying on the materials on this website.

This website may contain certain historical information. Historical information is inherently not current and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on the site. You agree to be responsible for monitoring changes to our website.

Section 4 - Modifications to Services and Pricing

Prices do not include any taxes or shipping fees, which shall be borne by you.

We reserve the right to change the prices of our products without prior notice.

We reserve the right to modify or terminate the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or termination of the Service.

Section 5 - Products or Services (if applicable)

We currently offer the following products.

Prices do not include any taxes or shipping fees; all taxes and shipping fees are your responsibility.

Certain products or services may be available exclusively online through this website. These products or services are limited in quantity and subject to return only as specified in Section 22 of this Agreement.

We have made every effort to display product colors and images accurately, but cannot guarantee that the colors displayed on your computer monitor will be completely accurate.

We reserve the right (but not the obligation) to limit the sale of our products or services to any individual, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any product or service offered. All product descriptions or pricing are subject to change at any time without notice, and we reserve the final right of interpretation. We reserve the right to discontinue any product at any time. Any product or service offered on this website is void where prohibited by law.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the services will be corrected.

Section 6 - Shipping

Your purchases are subject to our Shipping Terms.

Shipping may take up to 30 days, and occasional delays may occur. Your order shipping costs will be calculated and displayed at checkout. We are not responsible for any duties and taxes on your order. All charges levied during or after delivery are your responsibility (including duties, taxes, etc.). We are not liable for any products damaged or lost during shipping. If you receive a damaged order, please contact the carrier to file a claim. Retain all packaging materials and damaged goods before filing a claim.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to contact you using the email address and/or billing address/phone number provided at the time of order placement. We reserve the right to limit or prohibit orders in our sole judgment that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through this website. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we may complete your transactions and contact you as needed.

For more details, please refer to our Return Policy.

Section 8 - Third-Party Links

Certain content, products, and services offered through our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party services or websites over which we have no control. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant, assume any responsibility for, or accept liability for any third-party materials, products, or services. We are not liable for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions related to any third-party websites. Please carefully review and understand the third party's policies and terms before engaging in any transaction. For complaints, claims, concerns, or issues regarding third-party products, please contact the third party directly.

Section 9 - User Comments, Feedback, and Other Submissions

If you submit certain specific content at our request (such as contest entries), or voluntarily submit ideas, suggestions, proposals, plans, or other materials without our request, whether online, via email, mail, or otherwise (collectively, “Comments”), you agree that we may edit, reproduce, publish, distribute, translate, and use any Comments you submit to us in any medium at any time without restriction. We have no obligation to (1) maintain the confidentiality of any Comments; (2) pay compensation for any Comments; or (3) respond to any Comments.

We may (but are not obligated to) monitor, edit, or remove any Comments we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that infringe upon any party's intellectual property rights or violate these Terms of Service.

You agree that your comments will not infringe any third party's rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise illegal, abusive, or obscene content, nor will they contain any computer viruses or other malware that could in any way affect the operation of this Service or any related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any comment. You are solely responsible for any comments you post and their accuracy. We assume no responsibility for any comments posted by you or any third party.

Section 10 - Intellectual Property

This website contains content owned or licensed by the Company (“Content”). This Content is protected by copyright, trademark, patent, trade secret, and other laws, and the Company owns and retains all rights to the Content and the Service. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices contained in or accompanying the Content, nor may you copy, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.

The Company name and logo are trademarks of the Company and may not be reproduced, imitated, or used in whole or in part without prior written permission. Additionally, all page headers, custom graphics, and scripts are service marks, trademarks, and/or trade dress of the Company and may not be reproduced, imitated, or used in whole or in part without prior written permission from the Company.

Section 11 - Electronic Communications

By using this website or the Services, you consent to receive communications from us electronically. While we may choose to communicate with you by other means, we may also choose to communicate with you solely by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Section 12 - Personal Information

Personal information you submit through the store is governed by our Privacy Policy. For more details, please review our Privacy Policy.

Section 13 - Errors, Inaccuracies, and Omissions

Occasionally, our website or services may contain information with typographical errors, inaccuracies, or omissions, including but not limited to product descriptions, pricing, promotions, offers, product shipping costs, delivery times, and inventory availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders (even after you have submitted an order) without prior notice. We assume no obligation to update, modify, or clarify information on the Service or any related website, including without limitation pricing information, except as required by law. Any specific update or refresh date displayed on the Service or any related website should not be construed as indicating that all information on the Service or any related website has been modified or updated.

Section 14 - Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you may not use this website or its content: (a) for any unlawful purpose; (b) to incite others to commit or participate in any unlawful acts; (c) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against others on grounds such as gender, sexual orientation, religion, race, color, age, national origin, or disability; (f) Submitting false or misleading information; (g) Uploading or transmitting viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) Collecting or tracking another person's personal information; (i) Sending spam, phishing, pharming, spoofing, spiders, scraping, or data theft; (j) Using for any obscene or immoral purpose; or (k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

Section 15 - Disclaimer; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our website or service will be uninterrupted, timely, secure, or error-free.

We do not guarantee the accuracy or reliability of any results obtained from the use of this website or service.

You agree that we may remove the service at any time, and such removal may be indefinite, or cancel the service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service (except as expressly stated by us) are provided ‘as is’ and ‘as available’ for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of any Service or any products purchased through the Service, or any other claim related to your use of the Service or any products, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, products, information, or other materials posted, transmitted, or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

Section 16 - Indemnification

You agree to indemnify, defend, and hold harmless the Company and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents incorporated by reference herein, or your violation of any law or the rights of a third party. (including reasonable attorneys' fees).

Section 17 - Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 - Termination

Obligations and liabilities arising prior to the termination date shall remain valid after the termination of this Agreement.

These Terms of Service shall remain in effect from the effective date until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.

We may also terminate this Agreement at any time without notice if we determine, in our sole discretion, that you have failed to comply with, or we suspect you have failed to comply with, any term or provision of these Terms of Service. You will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.

Section 19 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including, but not limited to, any prior versions of the Terms of Service).

Section 20 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, and you hereby consent to the exclusive jurisdiction and venue of the courts in British Columbia.

Section 21 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 - Contact Information

For inquiries regarding the Terms of Service, please email [email protected].
Return and Exchange Policy
All products are sold “as is,” and all sales are final. Purchases are made at your own risk, and no refunds will be issued. Returns Our return policy lasts 30 days from the date you receive your order. If more than 30 days have passed since your purchase, unfortunately we cannot offer you an exchange or store credit. To be eligible for a return within 30 days of receipt, your product must be in brand new condition (unmodified and unaltered). The product must be in its original packaging and placed in a suitable shipping container. The product must be returned to the return address provided by our customer service team. The following items are non-returnable: gift cards, downloadable software products, and certain health and personal care items. To ensure your return is processed promptly, please contact our customer service team at [email protected] to confirm the return address.

Please provide a tracking number. All products must be returned to the address confirmed by our customer service representative; otherwise, we may refuse your return request. After receiving and inspecting your return, we will send an email notification confirming receipt. Returns will be processed within 30 days of arrival at our fulfillment center. Once processed, we will notify you whether your return request has been approved.

Approved returns may be refunded, exchanged, or credited as store credit. To exchange for the same item, email [email protected]. To request a refund or store credit, also email [email protected].

Approved store credit will be applied to your account. Store credit is non-transferable. Approved refunds will be issued to the payment method used for the original order. For credit card payments, the refund amount will appear on your next credit card statement. Processing times may vary by credit card issuer, typically taking up to 20 business days. For bank transfer payments, refunds will be returned to the original bank account within 48 hours after issuing a credit memo, once the customer's bank account details are received. Refunds will be processed in the original order currency. Refund amounts may vary due to exchange rate fluctuations, and such differences will not be reimbursed.

If you are a customer within the European Economic Area (EEA) and wish to request a refund, and your refund request is approved (meeting our return policy requirements), you must return the goods to us, and we must receive the returned goods within 14 days of your notification to cancel the order. Once approved and provided we receive the returned goods before the expiry of the aforementioned 14-day period, we will refund all payments made by you, including shipping costs, without undue delay and no later than 14 days after you notify us of order cancellation, subject to the refund processing times outlined in the preceding section.

Section 23 - Shipping Costs:

You are responsible for the return shipping costs. Shipping costs are non-refundable.

Delivery times for replacement items may vary depending on your location.

If you are shipping an item valued at over $75, we recommend using a trackable shipping service or purchasing shipping insurance. We cannot guarantee receipt of your return.