Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.

Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.)
PLEASE NOTE: Top Smash Sàrl does not deliver its packages to post office boxes.

Article 13 – Delivery errors

The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected. The complaint may be made, at the buyer's choice: – by telephone to the following number: 0041 78 256 14 15; – by e-mail to the following address: contact@topsmash.ch.

Any claim not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by post against signature, to the following address: Rue Voltaire 26, 1201 Geneva. Return costs are the responsibility of the seller.

Article 14 – Product guarantee

14-1 Legal guarantee of conformity

Items covered by a warranty are subject to the conditions of the offer valid at the time of purchase. The warranty takes effect on the date of delivery of the item, justified by the accompanying document (invoice) which we ask you to keep carefully. Not covered: damage due to poor maintenance, failure to follow the instructions for use, or normal wear and tear.

14-2 Legal guarantee against hidden defects

Check the condition of the delivered goods immediately to rule out obvious material and manufacturing defects, as well as transport damage. In accordance with the law, you are obliged to notify us of any defect or anomaly affecting the goods delivered to enable us to remedy them.

It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price accordingly.

Article 15 – Right of withdrawal

Application of the right of withdrawal
Items must be returned intact and complete in their original packaging (with labels bearing their

references, the plastic must not be removed from the handle of the rackets, the accessories are not removed, the plastic is not damaged), allowing their remarketing in new condition, accompanied by the delivery slip, within 7 days after receipt of your package. Return shipping costs are your responsibility. In the case of an exchange order, the shipping costs of your new order are free.

Damaged, soiled or incomplete products will not be returned.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In

In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased will be refunded and delivery costs will not be refunded.

Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 48 hours, and at the latest,

within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided for above.

Exceptions
The right of withdrawal cannot be exercised for contracts:

– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
– supply of goods made to the consumer’s specifications or clearly personalized;

– supply of goods likely to deteriorate or expire quickly;

– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

– supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;

– maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

– supply of a newspaper, periodical or magazine, except for subscription contracts for these publications; – supply of digital content not provided on a physical medium whose execution began after express prior consent of the consumer and express waiver of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of Swiss courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.