General terms and conditions
- APPLICABILITY OF GENERAL TERMS AND CONDITIONS. The following terms and conditions (the “Terms and Conditions”) govern the sale of any climbing holds (“Products”) supplied by Walltopia AD (“Walltopia”) to a customer (“Customer”) and the provision by Walltopia of any related services (such as installation services) to the Customer, as applicable, to the exclusion of any other terms and conditions that the Customer may attempt to impose on Walltopia under any purchase order or otherwise, unless such other terms and conditions are expressly agreed upon in writing by Walltopia.
- PURCHASE ORDERS. The receipt by Walltopia of a purchase order in any form, title or name, (a “purchase order”) from the Customer shall be deemed to be the Customer’s acknowledgment and acceptance of these Terms and Conditions. Any purchase order submitted through the standard order form on this website constitutes an offer to Walltopia to buy Products. References to “purchase order” herein shall mean any document other than the Terms and Conditions negotiated or executed by Walltopia and the Customer for the purchase and sale of Products and/or services.
- ACCEPTANCE OF ORDERS. All Customer purchase orders are subject to acceptance by Walltopia, which acceptance shall be at Walltopia’s sole discretion. No purchase order shall be binding on Walltopia unless and until it has been accepted in writing by Walltopia.
- PRICES. Depending on the Customer’s location, prices are quoted in either U.S. Dollars or Euro and are subject to change without prior notice. All taxes (including VAT), transportation costs, duties and other charges, if any, are in addition to the quoted price.
- PAYMENT. Unless Walltopia and the Customer agree otherwise in writing, payment for all Products and services shall be made through the payment facilities on the website or by bank wire transfer prior to delivery, free of all bank charges. Walltopia reserves the right to change the payment methods at any time.
- DELIVERY. Unless Walltopia and the Customer agree otherwise in writing, delivery of all Products shall be EXW Walltopia’s facility. Times for delivery are estimates only. Walltopia shall not be liable for any damages arising out of any delay in delivery for any reason. Delivery to the Customer’s site constitutes delivery to the Customer, regardless of whether the Customer or his agent is at the site at time of delivery or signs a delivery receipt. Any claims for shortages or improper delivery must be made in writing within five (5) days of delivery, failing which such claims shall be deemed waived by the Customer.
- INSTALLATION. Unless Walltopia and the Customer agree otherwise in writing, Walltopia shall have no responsibility for the installation of any Products.
- OWNERSHIP AND RISK OF LOSS. Ownership of the Products shall pass to the Customer when Walltopia receives full payment of all sums due in respect of the Products, including taxes and delivery charges. The risk shall pass to the Customer upon delivery.
- WARRANTIES. Walltopia warrants only its title to the Products. All other warranties are those of the manufacturer. Walltopia disclaims all expressed and implied warranties of merchantability or fitness for particular purpose. Walltopia shall assign to the Customer any warranty provided by its supplier and by the manufacturer. The Buyer waives any right to legal action against Walltopia in respect of damages caused by the Products.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, SHALL WALLTOPIA BE LIABLE FOR INDIRECT, LIQUIDATED, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. WALLTOPIA’S LIABILITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY WALLTOPIA.
- GOVERNING LAW. These Terms and Conditions and any agreement for the sale of Products, or for the provision of related services, shall be construed in accordance with the laws of the Republic of Bulgaria.
- EXCLUSIVE JURISDICTION. Any and all disputes arising out of or relating to any purchase order shall be resolved exclusively by the Bulgarian courts.
- RETURN COST POLICY. The buyer is responsible for paying the return shipping cost. The estimated return shipping cost equals the shipping cost in the Walltopia order.