General Terms & Conditions

General Terms and Conditions for Internet Sales

Article 1 Scope of application

1.1 These General Terms and Conditions for Internet Sales (hereinafter: General Terms and Conditions) apply, without limitation or reservation, to all sales concluded by TopThrowing (hereinafter referred to as: TopThrowing) of buyers who want to buy the products that TopThrowing offers for sale on her website www.topthrowing.com.

1.2 These terms and conditions apply to the exclusion of all other terms and conditions, including those that apply through other distribution channels and marketing.

These General Terms and Conditions can be accessed at any time on this website and prevail, as appropriate, on any other version or any other contradictory document.

1.3 Unless otherwise proven, the data recorded on the website by TopThrowing is proof of all transactions.

1.4 The products on this website are offered for sale in the territory of France.

1.5 Product offers are subject to availability. The indications for the availability of the products are provided at the time of placing the order.

1.6 The General Terms and Conditions remain in force as long as they are displayed online.

The changes to these General Terms and Conditions of Sale are, from the moment they are online, intended for users of the site and may not apply to previously concluded transactions.

1.7 The validation of the order by the customer implies the complete acceptance of these General Terms and Conditions.

Article 2 Orders

2.1 To place an order on the website www.topthrowing.com, it is up to the customer of the site to select the products those they wish to order, as the steps to follow, knowing that every order implies that the customer accepts prices and the description of the ordered product.

2.2 By reading and confirming within the appropriate box for the General Terms and Conditions for Internet sales on the internet site when completing your order by a click, you indicate that you agree to the Terms and Conditions of the, at the website www.topthrowing.com offered products and services by TopThrowing .

2.3 Upon receipt of your payment, your order will be processed and a confirmation is sent directly to you by e-mail.

2.4 TopThrowing is at your service for questions, additional information and the follow-up of your order. Do not hesitate to contact us by by e-mail contact@topthrowing.com.

Article 3 Rates

3.1 The prices stated with the items offered are exclusive of processing-, shipping-, transport- and delivery costs, which will be charged extra.

Customs costs may additionally be charged by the carrier on delivery.

3.2 The prices are expressed in Euro TTC.

The prices are inclusive of VAT, taking into account the French VAT applicable on the date of the order, as it should change the VAT, our prices would be discounted immediately as the new rate applicable. Even if the price of raw materials (such as oil, steel, aluminum ...) were to change, TopThrowing would be obliged to revise the prices of the products according to the new applicable rates.

Article 4 Payment conditions

4.1 On the website www.topthrowing.com, payment for purchases will be made as follows:

- By bank transfer or payment methods available through the site.

4.2 The transaction and online payment other than bank transfer is directly managed by the banking service and is fully secured by the SSL (Secure Socket Layer). The processing of payments by the banking service is subject to the terms and conditions of the banking service.

4.3 The products remain the property of TopThrowing until full payment of the price.

Article 5 Shipping rates and shipping terms

5.1 TopThrowing uses the rates of La Poste France to determine shipping costs and conditions. These rates are subject to change and will therefore be adjusted if La Poste France changes them.

5.2 Products purchased by the buyer are delivered within a period of 3 to 5 working weeks to the address specified by the buyer when ordering on the site.

5.3 If the product is not in stock and must be ordered from the manufacturer, the delivery time is longer.

5.4 Except in special cases or when one or more products are not available, the ordered products are delivered in one go. TopThrowing cannot be held responsible for the unavailability of one or more products from the total order.

5.5 Deliveries are handled by La Poste France or by an independent delivery service. TopThrowing makes every effort to deliver the products ordered by the buyer within the period stated above. However, these terms and conditions are provided for information purposes and any overrun may not give rise to any compensation or interest, no deduction or cancellation of the order by the buyer.

5.6 However, if for any reason the ordered products are not delivered within 6 working days after the indicative delivery date, due to force majeure, the sale will be canceled at the written request of the buyer or TopThrowing. The amounts paid by the buyer are reimbursed without delay, excluding any compensation or deduction.

5.7 TopThrowing has met his delivery obligation when it delivered the goods sold to the delivery company, which she accepted without reservation. The buyer acknowledges that it is the delivery company who is responsible for the delivery and therefore can not rely on TopThrowing in case of non-delivery of the goods transported.

5.8 In the event of deviations from the standard dimensions of the goods to be delivered (eg javelins or high-jump mats), TopThrowing will provide a quote and an additional specific invoice from TopThrowing with regard to the terms of delivery, packaging or transport of the ordered products to the buyer. Packages are sent in perfect condition from the TopThrowing warehouse. Upon delivery, it is the responsibility of the buyer to check the condition and the number of packages in the presence of the delivery person.

The buyer must clearly write his name and signature on the receipt , or electronic device. The signature on the receipt , or electronic device confirms receipt of the package and also the fact that they are in perfect condition at the time of receipt.

5.9 In the event of damage, it is necessary at the time of delivery to note on the invoice what the condition of the package is, to describe the damage found and to indicate the number of damaged packages.

For example: “the plastic packaging of the javelin is torn, the javelin is bent".

Please note that unspecified comments such as "subject to unpacking", "package refused" or "damaged package" have no value and do not allow the delivery company to handle the damage.

5.10 The buyer has a period of 72 hours from the date of delivery to confirm in writing (e-mail) any claims regarding the receipt of the packages by the delivery company at the time of delivery or claims for non-compliance or defect of the goods to pass on, giving an indication and specification of the products supplied, together with all relevant supporting documents. After this period and if these formalities are not fulfilled, the products are considered to be delivered in accordance with the conditions and without defects and no claim can be validly accepted by TopThrowing.

5.11 TopThrowing will as soon as possible and at its own expense replace the products by an apparent defect or lack of compliance by the company , as the complaint well founded and the defects / comments are correctly, and clearly marked.

Contact TopThrowing customer service for pricing for shipping products with different, non-standard measure for Corsica, DOM TOM and overseas islands. Shipping costs for products with a standard size, in accordance with the dimensions of La Poste France, up to 30 kg, can be automatically calculated during the order.

5.12 Once your order has been registered, TopThrowing prepares your order and ships it within 7 days, when all your items are in stock, and in about 3 to 5 working weeks for the custom-made products or products to be ordered from the manufacturer.

Article 6 Transfer of ownership - transfer of risk

Unless the retention of title clause referred to in Article 4 applies, the transfer of ownership of the products of TopThrowing and the corresponding transfer of the risks of loss and deterioration in connection therewith will take place upon acceptance of the order by TopThrowing, the establishment of the agreement between the parties about the product and the price, regardless of the date of payment and delivery.

The products therefore travel at cost and risk of the buyer, in the event of damage, can make any claims to the delivery company, which are subject to the applicable statutory and regulatory requirements.

Article 7 Right of withdrawal

7.1 The buyer has a legal withdrawal period of 7 working days after receipt of the products to return them to TopThrowing for exchange or refund without having to justify or pay fines with the exception of return costs, which are borne by the buyer.

7.2 Products must be returned within 15 days of delivery in their original packaging, unused and in perfect condition.

7.3 Excluded from the right of withdrawal are tailor-made items for the buyer.

7.4 Articles that are no longer in the original packaging, visibly used, damaged, contaminated or incomplete, will not be accepted and can therefore not be returned.

7.5 The shipping costs for return shipments are solely the responsibility and for the account of the buyer.

7.6 The return of the products must be preceded by an authorization from TopThrowing customer service (by e-mail: contact@tophrowing.com or via your personal account at www.topthrowing.com) and must be accompanied by a copy of the delivery note and the invoice.

7.7 The exchange (depending on availability of items) or refund takes place within 15 days after receipt of the items returned by the buyer, by TopThrowing.

7.8 In the event of abnormal - or misuse of the possibility of - return shipments, TopThrowing reserves the right to refuse future orders from the customer.

Article 8 Return, exchange

8.1 For each request for return or exchange, the customer has a period of 10 working days after receipt of the packages.

8.2 The return of the products must be preceded by an authorization from TopThrowing customer service (by e-mail: contact@tophrowing.com or via your personal account at www.topthrowing.com) and must be accompanied by a copy of the delivery note and the invoice.

8.3 The return shipment to TopThrowing must be provided with the customer number and the corresponding invoice number; TopThrowing Customer Service will provide you with instructions.

8.4 Packages must be returned to TopThrowing in perfect condition and in their packaging. Items that are no longer in the original packaging, damaged, contaminated or incomplete, will not be accepted and can therefore not be returned.

8.5 Tailor-made items for the buyer may not be returned or exchanged.

8.6 For every return due to a demonstrable error of TopThrowing, the shipping costs are borne by TopThrowing.

8.7 For returns for personal convenience of the customer, the costs of return, transport and the packages are deducted from the credit that is provided to the customer.

8.8 In the event of abnormal or abuse - of the possibility of - return shipments, TopThrowing reserves the right to refuse future orders from the customer.

Article 9 Liability of TopThrowing - Guarantee

9.1 The products supplied by TopThrowing are in accordance with the legal provisions:

- The legal guarantee of conformity        

the legal guarantees against hidden defects as a result of material, design or manufacturing faults that affect the delivered products and make them unsuitable for use of the factory guarantee, depending on the products and brands concerned .

9.2 Any warranty is excluded in cases of abuse, neglect or lack of maintenance on the part of the buyer,  as in the case of normal wear and tear of the property, accident or force majeure and the guarantee of TopThrowing is limited to replacement or refund of non- conforming or defective products .

9.3 In order to assert its rights, the buyer must, under penalty of forfeiting of any related action, within a maximum period of 7 days after the date of receipt and discovery, notify TopThrowing in writing (via email contact@topthrowing.com) the existence of the defects.

9.4 TopThrowing will replace, or repair products or parts that are deemed to fall under the warranty. The products sold on the website comply with the applicable regulations in France. TopThrowing cannot be held liable in the event of the buyer not complying with the legislation of the country where the products are delivered.

 9.5 The characteristics of the product are possible be changed or improved without (prior) notice, therefore the sizes, colors, photos, texts and illustrations of the products on the website and in the catalog will have no contractual value and TopThrowing therefore cannot be held liable.

9.6 The buyer is solely responsible for the choice of products, storage and use. All products on the website www.topthrowing .com need to be used under adult supervision and / or users who are familiar with the techniques and sports for which the products are intended and designed. Failure to follow the above restrictions results in loss of the warranty rights.

9.7 The use of the throwing implements is to be done at the properly marked and secured sports facilities designed for that purpose and under supervision of qualified coaches, and according to the rules of World Athletics, respective national athletics federation and local safety regulations. Failure to follow the above restrictions results in loss of the warranty rights.

9.8 All throwing equipments are athletics throwing implements designed for athletics competition events; hammer-, discus-, shot-put-, weight- and javelin throw. The mechanical damages of the hammers, discusses, shot-puts, throwing weights or javelins (scratches, encroachment of the paint layer, dents and so on) caused by landing on the throwing sector are recognized as a normal wear of the product and are excluded from the warranty.

9.9 TopThrowing cannot be held responsible or liable for any delay or non-compliance as a result of the occurrence of a case of force majeure usually recognized by French case law.

Article 10 - Collection and storage of personal customer data

10.1 Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal information requested from the buyer is necessary for the processing of his order and the preparation of invoices.

10.2 The buyer has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to the information they require.

10.3 When the buyer complete his order we ask for his email address. This is necessary for processing the order. This email address is used exclusively by TopThrowing and not transferred or resold to third parties. By entering the email address, the buyer agrees that TopThrowing uses this email address to inform the buyer about (future) products and services. This can also be in the form of a newsletter. The buyer has the right at any time to unsubscribe from this newsletter or emails via the link that is sent in the relevant email.

Article 11 Intellectual Property

11.1 The content of the site is the property of TopThrowing and its partners and is protected by French and international intellectual property laws.

Any full or partial reproduction of this content is strictly prohibited and may constitute a counterfeit.

11.2 In addition TopThrowing (the contractor) and/or the cooperating supplier / manufacturer, is/are owner of all intellectual property rights in the studies, drawings, models, prototypes, video analysis, training modules, training programs in general and training programs for  training camps, etc. made (even at the request of the buyer) for providing services to the buyer. The buyer is therefore forbidden any kind of reproduction or operation of said studies, drawings, models and prototypes, video analysis, training modules, training programs in general and training programs for  training camps , etc. without the express written consent of TopThrowing (the provider), which can condition this on a financial contribution

Article 12 Applicable law - Language

By express agreement between the parties, this contract is based on and subject to French law.

It is written in French, which is leading.

This English version is intended as a service for our English-speaking customers and must be treated like that.

 Article 13 Disputes

All disputes arising from this contract may give rise concerning the validity, interpretation, execution, termination, implementation and impact will be submitted to the competent courts under all common law. In the event of a dispute with professionals and / or traders, the courts of the location of TopThrowing (France) have jurisdiction.

Article 14 Acceptance of the buyer

The fact that an individual (or entity) is ordering on the TopThrowing web site implies full understanding and complete acceptance of these Terms of Sale, which is expressly recognized by the buyer, which renounces in particular, to use any contradictory document that would not be feasible for TopThrowing.


Writing, spelling and translation errors reserved.

 

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Additional Terms and Conditions Return Policy

Missing item(s), wrong item(s) or incorrect package sent

During delivery, please make sure the package is in good condition (no sign of being opened) and confirm the contents before signing the package.

For any issues, please contact us and follow our warranty process:

1. Provide your order number and the product code (SKU number).

2. Please send us a clear picture of the outer packaging, all shipping labels visible, and (if applicable) the item received. Possible Solutions after the problem is confirmed by us: If there is an item missing, we will resend the missing item/accessory for free within the warranty period. If we have shipped the wrong item, we will either refund you in full or dispatch an alternative item (if applicable and available). We will decide whether you need to return the wrong product or not and reimburse you for the return shipping fee when we receive it.

Repair Period & Warranty Exemptions and Notes

Repair Period  Category

180days           Smart watches & electronic accessories (eg. earphones, keyboards, speakers, & mice)

90 days            Smart bracelets For the above categories, the warranty is only for the main body.

The warranty period of product accessories (such as chargers) is 30 days.

Warranty Exemptions and Notes

1. Natural product degradation through wear and tear, along with breakage/damage during use, is solely the customer's responsibility and is not covered by our warranties.

2. If you have damaged/misused the item(s), the product's warranty is immediately rendered void. No compensation is available in such cases. However, you are welcome to contact us to purchase a replacement or spare parts (if applicable). We will charge the original value of the components and a shipping fee to dispatch them.

The customer voids the warranty if they:

- Broken exterior or damaged device

- Open the body in an attempt to fix the device

- Modify, remove, customize, or swap parts of the product - Use the device in a way that it is not originally intended for

- Continue to use the item once a fault occurs and causes more damage

Returns processing limitation

If you have any after-sales issues, please contact us directly for a solution according to your case. We will confirm whether you need to return the item and to which address you may return it to.

The following section describes the processing time required upon receiving your returned item.

For exchanges, the processing time for the exchanged item will be between 3-6 business days upon receiving your item back and depending on stock availability.

For refunds, the processing time for us to proceed with the refund will be between 3-6 business days upon receiving your returned item. After we process your refund, the time it takes to show in your account depends on the payment method.

For Repair, the duration depends on item and manufacturer's spare parts inventory.

Apparel Return Process

Returnable Items Items that can be returned/refunded or exchanged within 30 days of receiving must follow the criteria as below:

1. Faulty items damaged/broken or stained upon arrival.

2. Items received in the incorrect size/color.

3. Unwashed, unworn, and unused item(s) that have not met your expectations within 30 days of receiving.

Non-Returnable Items

We will not accept returns in the following conditions:

1. Items outside the 30 days warranty time-frame.

2. Washed, worn, used, or misused items.

3. Items under the following categories: Swimwear,Underwear, Lingerie, and Earrings.

These items are not covered by the warranty for hygiene reasons.

Sizing issues In the apparel industry

There are slight size differences between brands and manufacturers. It is important you check the size chart and size conversion chart on the product before ordering. If we have shipped you the wrong size by mistake, we will either refund you in full or send you an item with an alternative size (if applicable). If you chose the wrong size, we will offer an exchange or refund for you, but please note that shipping costs to return the items are at your expense.

You must contact us to arrange a refund. Returned items without Return Merchandise Authorization (RMA) will not be accepted.

How to request warranty (return, repair, and refund) and notes If your item has an issue, please contact us

Please carefully follow our warranty process to minimize any delays:

1. Describe the problem with your item in detail: What happened? When? How? Please also state your full order number and product code (SKU number).

2. Tell us what steps you have already taken to resolve the issue.

3. Provide the item code indicated on the outer packaging.

4. Send a clear photo or video showing the defect(s); these should be taken under good lighting.

NOTE: You need to provide a clear photo or video showing the product problem/order / SKU number. Photos/videos should ideally be clear and focused, taken under good lighting conditions and from a close to medium distance. This allows us to identify and verify the issue(s).

2.If the product is returned more than one month after the receipt, or if the product is returned for customer reasons (including non-satisfaction, wrong size, change of mind), the customer is responsible for the shipping fee. For non-customer-related returns within one month, we are responsible for the shipping fee, and the customer must return it using the shipping method we prescribe. In all return situations, the customer must provide the tracking number.

3. Customers must contact us before returning an item. Returned items without Return Merchandise Authorization (RMA) will not be accepted. For incomplete warranty requests, we reserve the right to refuse any compensation. If the customer has returned the package without prior authorization (RMA Form), sends to the wrong address, returns an incorrect item, or submits an empty package, we reserve the right to refuse any compensation.

4. For No Reason Return, you need to ensure that the product package is intact and all accessories are complete and unused. Clothing and other items must be new, unwashed, and still have the labels attached.

5. Customers must return the item by the shipping method specified by us, usually registered mail is required.

6. All returns will be checked by our technical team upon arrival. If the returned product cannot be repaired, we will provide an alternative solution.

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General conditions for Coaching services, Training modules and Training camps

Article 1 Definitions

In these additional General Terms and Conditions for Coaching Services, Training Modules (including video analysis) and Training Camps, the following terms are understood to mean the following.

1.1 TopThrowing hereinafter referred to as TopThrowing.  

TopThrowing provides coaching -, training- and sports services, which include video analysis (hereinafter: services).

1.2 General conditions for Choaching services, Training modules and Training camps.  

The conditions that apply to the services offered by TopThrowing via the website www.topthrowing.com as described in Article 1.1. Hereinafter referred to as:  General Terms and Conditions for Services.

1.2 Customer

The natural or legal person who has concluded an agreement with TopThrowing.

1.3 Guest

The natural person who accompanies the client, to whom a sports, training or coaching service must be provided pursuant to an agreement concluded with the client. When in this section is spoken of the customer, it refers both to guest and customer, unless the content of the clause and necessarily derives its effect that can only be either intended.

1.4 Agreement

The agreement between TopThrowing and a customer with regard to one or more services to be provided by TopThrowing for that customer at a price to be paid by the customer. An agreement also means a reservation. An agreement can relate to a sport and / or coaching form , including video analysis , hereinafter also referred to as: service.

1.5 Cancellation

The written notification by the customer to TopThrowing that one or more agreed services will not be used wholly or partially, or the written notification by TopThrowing to the customer that one or more agreed services will not be provided wholly or partially.

1.6 No show

Without annulations not use by a customer of a service to be provided by TopThrowing on the basis of an agreement.

 1.7 Group

A collection of persons from more than one to whom TopThrowing must provide one or more services pursuant to one or more agreements that is to be regarded as coherent.

1.8 Individual (s)

Every person and every group of people that does not fall under the above definition of group.

1.9 Goods

All goods, including monies, monetary values ​​and valuable papers.

Article 2 Agreement and option right

2.1 All offers made by TopThrowing with regard to the conclusion of an agreement are without obligation and subject to "while supplies last (or the capacity), or with sufficient (minimum) number of participants”. The agreement between TopThrowing and the customer is deemed to have been concluded if TopThrowing has accepted any offer from the customer or the customer has accepted an offer from TopThrowing. The moment of conclusion of the agreement is the moment that the acceptance has been made or is deemed to have been made. If TopThrowing invokes such a reservation within a reasonable period to be determined according to the circumstances after acceptance by the customer, the agreement will be deemed not to have been concluded.

2.2 If TopThrowing has granted the customer (option holder) an option right, this right cannot be revoked, except if and insofar as another potential customer of TopThrowing makes an offer to conclude an agreement regarding the total or part of the in option outstanding services. The option holder must then be informed by TopThrowing of this offer, after which the option holder must indicate within 24 hours whether or not he wishes to make use of the option right.

2.3 Agreements for (a) customer (s) entered into by intermediaries (travel agencies, other companies, sports associations, sports clubs, etc.), whether or not in the name of their relationship (s) or members and representatives, are deemed to be partly at the expense and risk of these intermediaries. to be closed. TopThrowing does not owe any commission or fee, whatever its name, to intermediaries, unless expressly agreed otherwise in writing. Full or partial payment of the amount due by the customer will release the intermediary to the same extent.

Article 3 Obligations of TopThrowing

3.1 Without prejudice to the provisions of the following articles, TopThrowing is obliged under the agreement to provide the agreed services at the agreed times in the manner customary for TopThrowing.

3.2 The obligation referred to in Article 4.1 does not apply:

a. in the event of force majeure on the part of TopThrowing as referred to in Article 11;

b. if the customer does not arrive or arrives more than half an hour late;

c. if the customer does not pay the deposit / interim payment referred to in Article 6 in time;

d. if the minimum number of participants stated in the description of the event or training camp in question is not met, TopThrowing will determine the said restriction after acceptance by the customer appeal to depending on the circumstances within a reasonable period;

e. if the customer in any other way does not fully comply with all his obligations which he has towards TopThrowing for whatever reason.

3.3 TopThrowing is not obliged to receive any goods from the customer and / or to keep them.

Article 4 Accommodations

4.1 TopThrowing is obliged to make available to the customer during the agreed period (sports) accommodation of the quality usual for TopThrowing, with due observance of the provisions of the third paragraph.

4.2 TopThrowing is also obliged to provide the associated services that are usual for TopThrowing and to provide the usual facilities.

4.3 The accommodation must be available to the customer at the times specified in the agreement or at the times indicated in the accommodations.

4.4 TopThrowing must hang up the house rules for the customer at a clearly observable place or put them in place or put them down, or publish them via the website www.topthrowing.com or hand the house rules in writing to the customer . The customer is obliged to comply with the house rules.

4.5 TopThrowing is entitled to terminate the provision of services to a customer at any time without notice if the customer repeatedly violates the house rules, or otherwise behaves in such a way that order and rest at the training location made available by TopThrowing / or the normal operation thereof may be or is disrupted. The customer must then, upon first request, leave the (provided) site of TopThrowing , without TopThrowing owing compensation. 

The customer is responsible and liable for any claims, whether or not from third parties, as a result of the customer's behavior or misconduct, in accordance with art. 10.1.

4.6 TopThrowing is entitled, after consultation with the competent authority on site, to terminate the agreement due to well-founded fear of public order disturbance. If TopThrowing makes use of this authority, TopThrowing will not be obliged to pay any compensation.

4.7 TopThrowing is entitled to require that the client is satisfied with other (sports) accommodation than under the agreement should be made available, except if such a request is clearly unreasonable and the customer obviously can be considered inconvenient. In the latter case, the customer has the right to immediately terminate the agreement to which the aforementioned wish of TopThrowing relates, without prejudice to his obligations under other agreements. If TopThrowing saves on spending by making other accommodation available on the basis of the foregoing than should be made available in accordance with the agreement, the customer is entitled to the amount of that saving. For the rest, TopThrowing will never be obliged to pay any compensation.

Article 5 Cancellations

5.1 Cancellation of standard reservation

A standard reservation includes all reservations that are not covered by individual and / or event reservations. If a standard reservation has been made, the following applies to the cancellation of that reservation:

Up to 6 months prior to the meeting can be canceled free of charge. If the reservation is canceled within six months prior to the reservation, the following costs will be charged:

- If canceled between 3 and 6 months before the reservation date, 10% of the reservation value will be charged;

- If cancelled between 2 and 3 months before the reservation date, 15% of the reservation value will be charged;

- If cancelled between 1 and 2 months before the reservation date, 35% of the reservation value will be charged;

- If cancelled between 14 days and 1 month before the reservation date, 60% of the reservation value will be charged;

- If cancelled between 7 days and 14 days before the reservation date, 85% of the reservation value will be charged;

- If cancelled within 7 days before the reservation date, 100% of the reservation value will be charged.

NB Up to two weeks before the start of the meeting, a maximum reduction of 10% on the number of persons stated in the confirmation is allowed, unless the specified minimum number of participants per training camp or other event is no longer achieved.

If it concerns individual participation or a composite group of individual participants, TopThrowing has the right to cancel the training camp or event due to too few participants.

If it concerns a group reservation, this set number will be invoiced to you as a minimum.

5.2 Event cancellation

An event includes all reservations with a reservation value of more than € 5,000.00. For cancellations of definitive reservations regarding sports days and training camps and other events we apply the following conditions:              

 When a reservation is made for a sports day and training camps and other events, the following applies to cancellation of that reservation:

- If cancelled up to 12 months before the reservation date, 10% of the reservation value will be charged.

- For cancellations from 12 months to 6 months before the reservation date, 25% of the reservation value will be charged.

- If cancelled from 6 months to 3 months before the reservation date, 50% of the reservation value will be charged.

- If cancelled from 3 months to 7 days before the reservation date, 75% of the reservation value will be charged.

- If cancelled from 7 days before the reservation date, or  if the reservation is not used under prior notice, 100% of the reservation value will be charged.

NB Up to two weeks before the start of the meeting, a maximum reduction of 10% on the number of persons stated in the confirmation is allowed, unless the specified minimum number of participants per training camp or other event is no longer achieved.

If it concerns individual participation or a composite group of individual participants, TopThrowing has the right to cancel the training camp or event due to too few participants.

If it concerns a group reservation, this set number will be invoiced to you as a minimum.

5.3 Cancellation individual or group reservation of external hotel or stay

An individual or group reservation is a room reservation for an individual guest or for the entire group. The customer is responsible for arranging and assuring a (hotel) stay during the training camp or other (sporting) events booked with TopThrowing. If a reservation is canceled by the hotel or bed and breakfast for any reason, the customer is responsible for finding a new accommodation (on time).

If TopThrowing has mediated or advised on arranging a (hotel) stay, it will make every effort to find an alternative. However, the customer is also expected to actively look for a solution here himself.

The abovementioned is not a valid reason for TopThrowing to cancel or refund already paid services. The cancellation conditions remain in full force.

We advise you to take out travel and cancellation insurance for these types of calamities.

Article 6 Deposit and interim payment

6.1 TopThrowing can at all times require the customer to deposit under TopThrowing or have a deposit made up to a maximum of the reservation value minus any interim payments already made.

Deposits received are properly administered, only serve as security for TopThrowing and explicitly do not count as realized turnover.

6.2 TopThrowing can always request interim payments for services already provided.

6.3 TopThrowing may recover from the amount deposited pursuant to the foregoing provisions in respect of all that the customer owes him for whatever reason. The surplus must be repaid by TopThrowing to the customer without delay.

Article 7 Intellectual property of coaching services, training modules and training camps

7.1 The content of the TopThrowing provided coaching services, training modules, standalone training programs and training programs for the training camps and video analysis, are covered by intellectual property of TopThrowing and is protected by French and international laws relating to intellectual property.

Any full or partial reproduction of this content is strictly prohibited and may constitute a counterfeit.

In addition, TopThrowing (the contractor) remains the owner of all intellectual property rights in the studies, prototypes, video analysis, training modules, training schedules etc. made (even at the request of the customer) for providing services to the customer. The customer is therefore prohibited from reproducing or exploiting any of the aforementioned studies, prototypes, video analysis, training modules, training schedules, etc. without the express written permission of TopThrowing (the provider), which can condition this on a financial contribution.

Article 8 Liability of TopThrowing

8.1 The following exclusions and limitations of liability for whatever reason apply to TopThrowing.

8.2 Subject to the provisions of Article 8.7, TopThrowing is not liable for damage or loss of items brought to a particular room by a customer who uses this room.

The customer indemnifies TopThrowing against claims from third parties in this regard. The provisions here do not apply insofar as the damage or loss is due to intent or gross negligence on the part of TopThrowing.

8.3 Subject to the provisions of Article 9.7, TopThrowing is never liable for any damage suffered by the customer, unless the damage is the direct result of intent or gross negligence on the part of TopThrowing.

8.4 In the event of an obligation to pay damages arising from a culpable failure on the part of TopThrowing , TopThrowing is never obliged to pay a higher amount of compensation than:

a. the amount in the amount of the other party's consideration, or the current value in cases as referred to in Article 9.7, or ind i and which is more and where applicable;

b. the amount paid by the insurance company to TopThrowing in respect of the damage, or

c. the compensation obtained in respect of the damage from a third party.

8.5 TopThrowing is never liable for damage to or with (the) vehicle (s) of the customer, except if and insofar as the damage is the direct result of intent or gross negligence on the part of TopThrowing.

8.6 TopThrowing is never liable for damage directly or indirectly to whoever or whatever arises as a direct or indirect consequence of a training, treatment and/or use of and/or of any defect or any quality and/or circumstance by, in or on any movable or immovable property including medical equipment, of which TopThrowing is holder (yard) lessee, lessor, rents or owns or otherwise made available TopThrowing s acetate, except if and insofar as the damage is the direct result of intent or gross fault of TopThrowing , or according to the ordinary law belongs to the risk liability of TopThrowing .

8.7 If damage is caused to the goods deposited for safekeeping, for which safekeeping a fee as referred to in Article 4.4 is charged, TopThrowing is obliged to compensate the damage to these goods as a result of damage or loss. Compensation is never due in respect of other items present in the goods delivered.

8.8 If, despite the provisions of Article 4.3, TopThrowing nevertheless receives and/or stores items, or if items are deposited and/or deposited by anyone in any way whatsoever, without TopThrowing having any compensation for this stipulates, then TopThrowing is never liable for damage to or in connection with those matters in any way whatsoever unless TopThrowing has intentionally inflicted this damage, or the damage is the result of gross negligence on the part of TopThrowing.

8.9 The customer, as far as being a legal  or a natural person acting in the exercise of a profession or business, indemnify  TopThrowing fully to respect any claim on any grounds whatsoever, the customer, the guest and/or any third towards TopThrowing .

8.10 The indemnification obligation referred to in Article 9.9 also applies if the agreement with the customer has been wholly or partially dissolved for whatever reason.

8.11 The customer and the guest are jointly and severally liable for all costs incurred by TopThrowing for the benefit of the customer and/or the guest.

8.12 TopThrowing is not liable for damage as a result of the behavior and/or actions of persons employed by it, if and insofar as these people act on behalf of and/or at the request of and/or on the instructions of the customer and/or of the guest and/or those under their supervision.

8.13 TopThrowing has the right to limit any damage caused by the customer and/or the guest at the expense of the latter as much as possible without consultation.

8.14 Any claims by the customer and/or the guest must have been made valid by the customer and/or the guest at the latest one year after the moment at which the agreement has ended or is deemed to have ended, failing which this claim (and) is (are) barred.

8.15 TopThrowing can never be held liable by the customer for the (individual) (negative) sports performances and / or results achieved during (future) training sessions or competitions.

8.16 The (coaching) advice that TopThrowing gives as a result of the video analysis, training programs, training camps, etc. , are for the guidance and interpretation of the customer (athlete). TopThrowing aims to advise the customer on improving the (sporting) performance of the customer but cannot be held responsible and liable if the sporting performance and/or results intended by the customer during (future) training or competitions are not be achieved.

8.17 TopThrowing is not liable for injuries or accidents that arise from or during execution of the program and services offered by TopThrowing. The customer/athlete is expected to perform the exercises and movements as a professional athlete, whereby the risk of injury is an accepted risk of practicing the sports component.

8.18 TopThrowing is in no way liable for the costs of cancellation and/or medical costs if you have not insured medical costs or have not taken out cancellation insurance and/or travel insurance.

8.19 In the event that a strike occurs at an airline, or at an airport, or a flight cancellation to your destination where the training camp takes place, due to delays, defects, bankruptcies and weather conditions, TopThrowing is not responsible for the possibly not continuing or not being able to be present at the training camp or other (sporting) event. This is therefore not a ground for refund or free cancellation.

Article 9 Liability of the customer

9.1 The customer and the guest are jointly and severally liable for all damage that is and/or will arise for TopThrowing and/or any third party for any reason whatsoever as a direct or indirect consequence of their actions and/or omissions, including violation of the house rules,  as well as for all damage caused by any animal and/or any good and/or any item of which they are or are under their supervision.

Article 10 Settlement and payment

10.1 The customer owes the price specified in the agreement or, insofar as the agreement was concluded more than three months before the time at which the services to be provided under that agreement must be provided, the prices that apply at the time the service (and) is (are) granted, which also includes the prices as stated on lists that are listed by TopThrowing in a list that is handed over to the customer, if necessary at his request.

10.2 All invoices, including cancellation or no-show invoices, are due by the customer on the date of the relevant invoice.

10.3 When an invoice for an amount less than € 150,00 is sent, then TopThrowing can charge € 10,00 extra as administration costs.

10.4 The guest and the customer are jointly and severally liable for all amounts that one or both of them owes to TopThrowing for whatever reason. None of them can claim any privilege of execution. Agreements are deemed to be concluded on behalf of each guest, unless otherwise stipulated. By appearing, the guest indicates that the customer was authorized to represent him at the conclusion of the relevant agreement.

10.5 As long as the guest and/or the customer has not fully complied with all his obligations towards TopThrowing , TopThrowing is entitled to take possession of all goods brought by the guest and/or the customer to TopThrowing until the guest and/or customer has fulfilled all its obligations to the satisfaction of TopThrowing. In addition to a right of retention, TopThrowing also has a right of pledge on the relevant goods.

10.6 If payment other than cash payment or direct payment via the payment method on the TopThrowing website has been agreed, all invoices, for whatever amount, must be paid by the customer to TopThrowing within thirty days after the invoice date. If an invoice is sent, TopThrowing is entitled at all times to charge a credit limitation surcharge of 2% of the invoice amount, which expires if the customer pays the invoice within thirty days, whereby the value date of credit on the account of TopThrowing is decisive.

10.7 If payment is not made within the agreed period, the customer and/or guest will be deemed to be in default by operation of law and TopThrowing will be entitled to reimbursement of interest between 2% and 5 without any notice of default being required above the statutory interest that applies at the time of the invoice date. A part of a month is included in the calculation of the interest due for a whole month. 

10.8 All reasonably incurred costs of collecting the claim, both judicial and extrajudicial, are at the expense of the negligent. The extrajudicial costs are always equal to 15% of the overdue amount, with a minimum of € 100.00 excluding VAT.

10.9 If TopThrowing goods referred to in Article 11.5 below it and the customer and/or guest who TopThrowing has received the goods into keeping is in default for three months, TopThrowing is entitled to sell such property publicly or privately and recover from the proceeds. The costs associated with the sale are also borne by the customer and/or guest and TopThrowing can also recover the proceeds from the sale for this. What remains after the TopThrowing story is paid to the customer and/or guest.

10.10 Every payment, irrespective of any note or remark made by the guest and / or customer at that payment, will be deemed to be deducted from the debt of the customer and / or guest to TopThrowing in the following order:

1. the costs of execution ;

2. the judicial and extrajudicial collection costs ;

3. the interest ;

4. the damage ;

5. the principal amount .

10.11 Payment is made in euros.

If TopThrowing accepts foreign payment methods, the market rate applicable at the time of payment will apply. TopThrowing can charge an amount in administration costs that corresponds to a maximum of 10% of the amount offered in a foreign currency. TopThrowing can achieve this by adjusting the current market rate by a maximum of 10%.

10.12 TopThrowing is never obliged to accept bank cheques and can attach conditions to the acceptance of such payment method. The same applies to other payment methods not mentioned here.

10.13 The client gives, insofar as applicable, a power of attorney to the lessor to charge the rental of accommodation with VAT, also on his behalf.

Article 11 Force majeure

11.1 Force majeure for TopThrowing , which means that any shortcoming caused by this cannot be attributed to TopThrowing, shall be any anticipated or unforeseen, foreseeable or unforeseeable circumstance that makes it impossible for TopThrowing to execute the agreement that makes it impossible to perform the agreement and it becomes objectionable.

11.2 Such circumstances are also understood to mean those circumstances with regard to persons and/or services and/or institutions that TopThrowing wishes to use in the performance of the agreement, as well as non-performance of the aforementioned.

11.3 This article also covers foreseen and unforeseen, foreseeable or unforeseeable weather conditions (including heavy rain and/or thunderstorms, extremely strong wind) and the risk of flooding.

11.4 If one of the parties to an agreement is unable to meet any obligation under that agreement, he is obliged to inform the other party of this as soon as possible.

Article 12 Lost property

12.1 lost or left behind objects, which are found by the customer  in the buildings and appurtenances of TopThrowing, must be returned at TopThrowing.

12.2 If TopThrowing sends objects left by the customer to them, this will be entirely at the expense and risk of the customer. TopThrowing is never obliged to send.

Article 13 Beverage money and Compensation money

13.1 If the customer consumes drinks in the buildings or accommodations of TopThrowing that is not provided by TopThrowing, TopThrowing can charge an amount to the customer per bottle consumed.

13.2 If the customer consumes eats in the buildings or accommodations of TopThrowing or uses equipment (including audiovisual equipment) that is not provided by TopThrowing, TopThrowing can charge the customer an amount of compensation money .

13.3 If the customer makes use of services that are not supplied by TopThrowing in the rooms of TopThrowing, TopThrowing can demand compensation from the customer.

13.4 The amounts referred to in Articles 13.1, 13.2 and 13.3 are agreed in advance or, in the absence of a prior agreement, reasonably determined by TopThrowing.

13.5 If a customer books a training camp where only use is made of the (sports) accommodation and the sports materials (so no coaching services), the use of the materials will also be charged in addition to the use of the accommodation. The customer will receive an offer for approval in advance. If the customer chooses not to rent materials through TopThrowing during the training camp, they must take care of the training material themselves.

13.6 If a customer books a training camp that contains TopThrowing's coaching services, the use of materials is included in the price, unless exceptional training materials are desired that TopThrowing does not have available as standard. In that case, an offer will be provided to the customer for approval in advance.

Article 14 Final provisions

14.1 The French traffic rules apply to the sites made available by TopThrowing.

These traffic rules must be observed under all circumstances.

14.2 TopThrowing has, if it deems this necessary, the right to demand that a customer to leave the site of TopThrowing .

14.3 A customer of TopThrowing must independently arrange for insurance against the risk of medical expenses, accidents, fire and legal liability.

Article 15 Complaints

15.1 2 If a customer leaves a booked training camp without giving TopThrowing the opportunity to find a solution to his or her complaint, the agreement is terminated and the customer waive all rights.

Article 16 Applicable law, language and/or disputes

By express agreement between the parties, this contract is based on and subject to French law.

It is written in French, which is leading.

This English version is intended as a service for our English speaking customers and must be treated that way.

16.1 All disputes to which this contract may give rise, concerning the validity, interpretation, execution, termination and consequences thereof, will be submitted to the competent courts under general law. In the event of a dispute with professionals and / or traders, the courts of the location of TopThrowing (France) have jurisdiction.

16.2 The invalidity of one or more of the clauses in these general terms and conditions does not affect the validity of all other clauses. If a clause in these General Terms and Conditions for Services proves to be invalid for any reason, the parties are deemed to have agreed on a valid replacement clause that approximates the invalid clause as far as possible in scope and scope .

Article 17 Acceptance of the buyer

17.1 The fact that a natural person (or legal person) orders on the TopThrowing website implies full understanding and full acceptance of these General Terms and Conditions for Services , which is expressly acknowledged by the buyer, who specifically refrains from making use of any conflicting document that would be unenforceable for TopThrowing.

17.2 The General Terms and Conditions for Internet Sales and the General Terms and Conditions for Choaching Services, Training Modules and Training Camps form a whole and therefore complement each other.

17.3 The TopThrowing High Perfomance Training House Rules also apply to the Training Camps.

 

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