Article 1. Who are we? What do we offer?

1.1 The company Shopa Topa is registered in the trade register under number 78761298 and provides the Buyer with a Platform under the name “Shopa Topa”, which aims to put one in contact with Sellers.

1.2 Shopa Topa acts as a hosting intermediary, is not a Seller of the Products offered, and is therefore not responsible for the Products sold via the Platform, which the Buyer expressly acknowledges. Furthermore, unless stated otherwise, Shopa Topa is not a brand-recognized distributor. The relationship between Shopa Topa and the Buyers is governed by the Platform’s Terms of Use, which are accessible here. Shopa Topa offers various services to Sellers on its Platform, such as the provision of a Back Office, the Multiple Payment service, and assistance to the Seller in managing their after-sales service on behalf of the Seller. The Seller remains solely responsible for the Products sold to the Buyers.

Article 2. Some definitions

When the following words are written in this AVV, in the singular or in the plural, with a capital letter, they have the following meaning:

Buyer(s) means any natural or legal person who uses the Platform to purchase Products for non-commercial purposes. Natural persons must be 16 years of age or older to purchase products on the platform and must be legally competent. If natural persons are between 16 and 18 years of age, they must have the consent of their parent or legal guardian.

Article 3. What are the terms of delivery?

3.1 The Products will be delivered to the delivery address specified by the Buyer in the order. Prices, deadlines, and delivery methods are stated by the Seller, who is solely responsible for compliance therewith. The Buyer can track the progress of their order and, if they have opted to do so, the delivery tracking via their customer account.

3.2 The delivery date depends in particular on the method of delivery chosen by the Buyer. When the Buyer chooses a delivery method, he will be informed of the delivery period. The Seller undertakes to observe the announced delivery periods, which may not be unjustifiably delayed and may in no case exceed 30 days.

3.3 Unless otherwise stated during the order, delivery is subject to payment. The price of the delivery will be communicated to the Buyer prior to any payment on his part.

Article 4. Can I change my mind?

4.1 The buyer may cancel his order without giving reasons within 14 days after receipt of his order. In the case of an order relating to multiple separately delivered Products, the period runs from the receipt of the last of these Products.

4.2 To exercise his right of withdrawal, the Buyer may send an email to klantenservice@shopatopa.com with a withdrawal request.

4.3 The Buyer then has a maximum period of 14 days after notifying the Seller of his decision to return the Product(s) to the Seller’s postal address listed on the Seller’s account, unless the Seller requests a return to another address which he communicates to the Buyer or proposes to collect the Product(s) himself.

4.4 If all conditions regarding the exercise of the right of withdrawal have been met, the Seller shall reimburse the Buyer the total amount of the order, including delivery costs.

Article 5. How can I contact the Seller and file a complaint?

5.1 Communication via the Platform. In general, the Buyer undertakes to communicate only via their account on the Platform. The Buyer and the Seller will each be able to track the claim from their respective accounts. By way of exception, for example when the Buyer’s customer account has been closed, the Buyer must submit their complaint regarding a Product by sending an email to klantenservice@shopatopa.com .

5.2 Processing of the Buyer’s complaint. The Buyer will receive a response to every complaint within 24 hours (excluding weekends and public holidays). The Buyer is informed that the Seller is solely responsible for the warranties and, more generally, for the Products it sells on the Platform. Shopa Topa cannot under any circumstances be held liable for the sale of a Product.

5.3 The intervention of Shopa Topa. Shopa Topa assists Sellers in processing their sales service. If the Seller fails to fulfill its obligations towards the Buyer and if Shopa Topa deems the Buyer’s request justified, Shopa Topa will implement one of the following solutions:

1. Refund the price of the order or the disputed Product to the Buyer.
2. To send the Buyer a product that conforms to the ordered Product.

The solution proposed by Shopa Topa is binding on the Seller if accepted by the Buyer.

Article 6. Who is responsible for services and products?

6.1 Regarding the Services and access to the Platform. Shopa Topa undertakes to make every effort to ensure the availability of services and the Platform. Shopa Topa reserves the right to suspend or restrict access to the Services and the Platform for the purpose of performing repairs, maintenance work, and/or adding and/or upgrading a feature and/or service.

Shopa Topa cannot be held liable if the user is unable to use a Service or the Platform in whole or in part.

6.2 Regarding the Products. The Seller accepts full responsibility for the Products he offers for sale via the Platform and their warranty. The Buyer can find all information regarding the Seller’s identity in the Seller’s account.

Since Shopa Topa is a hosting service between the Seller and the Buyer, Shopa Topa disclaims all liability with respect to the sale between the Seller and the Buyer on the Platform.

Article 7. Applicable law and competent court

7.1 These General Terms and Conditions are governed by Dutch law.

7.2 In the event of a dispute regarding the formation, conclusion, execution, interpretation, or validity of these General Terms and Conditions, or more generally regarding the relationship with a Seller, the Buyer and the Seller are invited to conduct the necessary negotiations and discussions to reach an amicable settlement of their dispute as described in Article 5.

7.3 The Buyer is informed that, if desired, he may engage a consumer mediator free of charge for the amicable settlement of the dispute between him and the Seller.

7.4 If the Buyer does not wish to make use of mediation or if mediation has been unsuccessful, the Buyer may submit the matter to the competent court of the place where he resided at the time of concluding the agreement, the place where the damage occurred, the place of the Seller’s head office, or the place of actual delivery of the Product.

It is reminded that Shopa Topa is not the Seller of the Products. If the Buyer wishes to initiate legal proceedings, he will find all information regarding the identity of the Seller in the Seller’s account.