CONDITIONS OF USE 

1. Prelude

1.a - ID
Topfonie is a limited liability company with a share capital of €20,000, whose headquarters is situated at 1bis, Rue Pierre et Marie Curie, 92140 Clamart. Topfonie is registered at the RCS of Nanterre as 488 411 539 R.C.S. Nanterre.

1.b - The website
http://www.topfonie.com/  is used by TOPFONIE Inc.

1.c - General conditions of sale
-Topfonie Inc's general conditions of sale apply to all the orders, sales and deliveries of any product it sells, as an authorized dealer, through the catalogue, advertisements, estimates on the internet or by phone.
- These general conditions of sale are exclusively for the professionals from companies, administrations or professional organizations. All the products the consumer purchases from TOPFONIE meet his professional needs.
- Any order assumes the agreement of the whole general conditions of sale. Any general condition of purchasement is excluded from this text.
- The consumer is allowed to save or edit these general conditions of sales on his own responsibility.
- The fees attends to the consumer are the telecommunication fees to access the website and use the website.
- In the event of modification, the new general conditions will be applied to each new order of sales at that day.

2. Orders

Orders may be placed online through TOPFONIE's website. But it can also be done:

• By e-mail (2)
• By fax, downloading the "ordering sheet"
• By phone, (written confirmation should follow) (2)
• By an official mail from the company to TOPFONIE.

Any order by fax or mail has to be signed with the company's seal with full name of the giving order

3. Estimates

- The estimates have to be written.
- The estimates are valid for 1 month, unless different indication.

3.a - Verification and confirmation of the orders
- Any order by mail, e-mail or fax has to be validated by TOPFONIE.
- The order is returned to the customer for the payment.
- If there is any problem, the customer might tell TOPFONIE to fix it.
- We suppose that any order placed under the consumer's name, it's been placed by himself or by an authorized person.
-We maintain that, by confirming your order, you unreservedly accept our general conditions of sale

4. Prices

- The prices indicated on the Site are in Euros and exclusive all taxes. The prices spread by TOPFONIE for each product can be changed by any moment without notice.
- The prices are exclusive all taxes
- The prices don't include the delivery costs, which can also be changed any moment and without notice.
- You must add the VAT of 19.6% to the price.
- The amount has to be paid during the order.
- The amount paid can't be taken as a deposit or an instalment.
- The prices indicated on the website do not include delivery but the confirmation of the payment means that the consumer agrees to pay the delivery cost.
- The delivery fees can't be regarded as a valuable reason to cancel the transaction after its final registration.

5. Availability

-  We will honour your order while stocks last.
- For the products which are not stocked in our company, the offer is only valid if the supplier has it in stock.
- In that case, we will contact you as soon as possible to inform you how long it will take before being able to deliver the product. Furthermore, if it's possible, we will submit another product of equal price and quality.
- If our offer meets your needs, you can ask for the exchange of your order by sending a e-mail to our Customer Service Department.
- However, if it doesn't respond to your needs you can cancel the order by sending an e-mail by following the same leads.
- The period time for delivery depends on the product you have purchased and it is between 01 and 10 days.
- Knowing that the methods of payment can differ, the time period will always start after the validation of the payment.

6. Methods of payment

6.a - The different methods of payment
There are 3 methods in place to put through an order

- Online: by card, VISA, EURO CARD-MASTERCARD.
- By mail: by cheque or post office cheque
- By bank transfer to our bank: HSBC

6.b - The customer's guarantee
The customer guarantees that he has all the authorization and vouchers he needs to use this method of payment but also the amount needed transaction.

6.c - Payment by card:
The sum is debited just after the order if we have all the authorizations we need.

6.d - Payment by cheque
- The order is confirmed by filling the payment form online or by sending to TOPFONIE the ordering sheet by fax or mail.
- The deadline authorised is five days, the consumer has to send a mail to TOPFONIE with the cheque (in Euro).

- For his first order the customer has to send with the cheque:
      - For the companies: an extract of the K-bis not exceeding 3 months day of order and a copy of the purchaser's professional card.
      - For the regular consumer: a copy of his ID card and a document in proof of housing

- The order is placed after the payment and its acceptation by our bank.
- In case of reject, TOPFONIE will send you back the cheque and won't be able to complete the order.

6.e - Payment by bank transfer
- The order is confirmed by filling the payment form online or by sending to TOPFONIE the order sheet by fax or mail.
- The purchaser transfer the amount to our bank: HSBC
- You have 7 days to pay.
- The order is placed after receiving the transfer.
- Exceeding that date, your order is cancelled.

6.f - Reservations
TOPFONIE can stop any order or delivery if:
            - The payment by card is refused or if there's no payment.
            - The purchaser hasn't entirely paid the amount.
            - TOPFONIE did not receive the needed documents to confirm the order

6.g - Following up of an order
- Cheating happens a lot on the Internet. TOPFONIE as an e-business has to protect himself from the outlaws by setting up some rules.
- TOPFONIE can stop any order and ask the consumer to provide in the next 5 days:
            - For companies: a more recent extract of their k-bis and a copy of his ID card
            - For regular consumer: A copy of his professional card and a copy of his ID card.
- In that case the order will be valid after TOPFONIE receives and checks these documents. The purchaser will be informed by mail.
- Consequently and to avoid any delay when you place an order please be sure that you mention:
            - Your personal or professional e-mail.
            - A phone number where we can reach you at any time of the day.
- If the consumer doesn't respect the time period or if the vouchers aren't in accordance with what we agreed, TOPFONIE can refuse the payment and cancel the order.
- Although TOPFONIE feels sorry for the disagreement, and hopes the consumers will understand.

These measures witness our will to protect our customers and purchasers from any cheating.

7. Payment conditions

- We don't ship any product before receiving the payment, either the consumer pay online or by cheque or by bank transfer.
- After the validation, the consumer gets an e-mail to confirm the shipment.
- The products are sent to the customer once he pays the whole amount.

8. Deadlines

- By Chronopost: 24 hours after validation of the payment
- By Colissimo Expert: 48 hours to 72 hours after validation of the payment.
- A delay can't be a reason to cancel the order, unless written indication.
- If we don't have the product in our stock, the deadline depends on the provider. In that case TOPFONIE will give you some precisions.

9. Delivery

- When you receive your parcel, you have be sure that there is no product missing and it is not damaged, and must stipulate it on the « order sheet » before signing it.
- The parcel has to be checked and any problem must be indicated to the carrier and noticed by registered letter.
-Please, send a copy of the mail to TOPFONIE.

10. Demands

- If the products are not in conformity in kind or in quantity with description of the confirmation of order, the possible ones complaints will have to be addressed in writing in the 7 days according to the delivery.
- No return is authorized without an agreement with our customer service.
- The product must be in new condition with a copy of the purchase invoice.
- The cost and risk for the delivery will be paid by the customer.
- The credits last one year from the day its issue.
- By way of precision, no return or cancellation will be accepted on one
order products adapted to the specific needs for the customer.

11. Contractor's guarantee

- As authorized dealer we don't provide any guarantee.
- The only guarantee TOPFONIE will provide is the legal guarantee setting up by the articles 1641 and 1649 of the « civil code ».
- The guarantee from the constructor will be provided by the constructor himself.
- TOPFONIE doesn't guarantee that the product will fix any particular problem.
-  TOPFONIE can't be blamed for any injury caused by our product and accepts no liability for any lost in the turnover. The customer who knows the specific characteristics of the product is responsible for any damage caused by the product.
- If it turns out that TOPFONIE is responsible for any damage his liability is limited in each case to the value of the supplied goods.
- The guarantee involves paying back the customer, fix the problem or exchange the product. It doesn't work in two cases:

• Natural deterioration of the product
• Deterioration or accidents which would come from permissive waste, and in particular breaking, breakages, moisture, inadequate temperature, oxidation, infiltration of liquid

12. The software:

The Software is no subjected to any offer of test. So they cannot be returned.

The software are the property of the manufacturer and the retailer (who provides the software licence). Only one user licence can be given but the customer can't own the product.
Furthermore he can not give or lend or copy the software. Moreover you can't counterfeiting or make someone imitate the software. In the same way, our customers who also act as authorized dealer must indicate these clauses in their own « General conditions of sale ».

TOPFONIE act as an IT retailer. Consequently, TOPFONIE isn't responsible of what these CDs and software contain from other editors.
The customer has to protect his Data, his software and his computers from any kind of hacking or virus from the Internet or from any software. TOPFONIE is not to blame for any damage caused by virus.

13.  Protection of personal data

- Data arising within the context of the contractual relations are kept on file. TOPFONIE will only use your details to achieve the transaction in order to respect the consumer's privacy. According to the law n° 78-17, 16 January 1978 the consumer is allowed to see and change his personal details.
- This can be done through TOPFONIE. You can even do it on our website by sending an e-mail to «service.cnil» from the column entitled «contact us».
- TOPFONIE is allowed to forward your details to other companies for business unless your disagreement.

14. Jurisdiction

-Any litigation relating to interpretation, the execution or the rupture of the contract will be subjected to the French law.
- If there's any contestation, the jurisdiction of the « tribunal de Nanterre » is the only jurisdiction accepted. This clause of attribution of competence will be applied even in the event of summary procedure. TOPFONIE has nevertheless faculty to seize any court of jurisdiction, in particular that of the registered office or that of the place of delivery of the Products.

(1) Address:

TOPFONIE
1bis, Rue Pierre et Marie Curie 
92140 Clamart

(2) Complete details:

Phone:        0825 25 83 33 (0.15 Euro TTC/min)

Fax:            01 46 32 60 08

Mail    :       Form «contact us" on our website 
                  http://www.topfonie.com  3 services for our consumers

(3) Payment by cheque or post office cheque

- Cheque made out to TOPFONIE
- Send it back to the address written upside.

(4) Payment by bank transfer

Our bank HSBC:

Paying bank   : H.S.B.C HERVET PARIS LAMBERT
Code Bank     : 30368
Code window   : 00081
N° of account  : 008116V0308
Key               : 2

Swift              : BHVTFRPP
IBAN              : FR43 3036 8000 8100 8116 V030 820

(5) VAT Inter-community : FR62488411539