PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Users of this website agree that activities performed on this site are subject to given but not limited to terms and conditions and applicable law. In the case of any conflict or disagreement to give, we would request you not to use the site unless you are clear.

Intellectual Property

The entire content included in this site is the property of TOPGEAR SPORTS or its right owner including but not limited to material protected by Copyright, Trademark or Patent law. All trademarks, service marks and trade names (TOPGEAR SPORTS, and TOPGEAR SPORTS logo) are owned, registered and/or licensed by TOPGEAR SPORTS. All product designs, color, patterns, and Technologies are Patent of TOPGEAR SPORTS. All content on the website (except for User Generated Content e.g. Product Reviews, service Feedback etc.), including but not limited to text, scripts, code, Images, designs, graphics, sounds, music, videos, size charts, Blogs, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the exclusive property of TOPGEAR SPORTS; All rights reserved.

The user may download, display, save, print or copy, subject to any agreed upon restriction or limitations regarding material or product, the content of this website for personal non-commercial use or to place an order or to sign a contract with TOPGEAR SPORTS. Any other use apart from aforementioned, including but not limited to the reproduction, distribution, presentation or transmission of the content of this website is strictly prohibited, unless and until authorized by TOPGEAR SPORTS.

Warranty Disclaimer

The content and the products on the website are provided on “as is” and without warranties of any kind, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, TOPGEAR SPORTS disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TOPGEAR SPORTS does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. TOPGEAR SPORTS does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

TOPGEAR SPORTS shall not be responsible for any special, consequential or direct damages that result from use of, or the inability to use all or parts of this website or the performance of the products purchased from this website or the demeanor of other user and user generated material, even if TOPGEAR SPORTS has been advised of any such possibility of damage. You undertake total responsibility for the use of this website and if TOPGEAR SPORTS is found to be liable for any damage which is in anyway relevant to your use of this website, TOPGEAR SPORTS’s liability shall not exceed €70. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

During the event when an TOPGEAR SPORTS product is mistakenly listed at an incorrect price or wrong discount offer; TOPGEAR SPORTS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or order placed in event of the wrong campaign. TOPGEAR SPORTS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled; TOPGEAR SPORTS shall issue a credit to your account that has been used to make payment in the amount of the incorrect price.

Product Orders

All orders placed through this website are subject to TOPGEAR SPORTS’s acceptance. This means that TOPGEAR SPORTS may refuse to accept or may cancel any order, whether or not the order has been confirmed subject to but not limited to factors as, where order has not passed security check, customer profile was found suspicious, or any reason not specified here, and without liability to you or anyone else. If your credit card has already been charged for an order that is later canceled, TOPGEAR SPORTS will issue you a refund.

Community Guidelines

i.      Interactive Areas

Services of TOPGEAR SPORTS sometimes contain community feature e.g. Product reviews, blogs, event posts. When you post content through these features that content may become public.

We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users. So please use good judgment and play fair.

You are solely responsible for your interactions with other people, whether online or in person. TOPGEAR SPORTS is not responsible or liable for any loss or damage resulting from any interaction with other users of this website, people you meet through the website or persons who find you because of information posted on, by or through the website. You agree to take reasonable precautions in all interactions with other users on the website and conduct any necessary investigation before meeting another person. TOPGEAR SPORTS is under no obligation to become involved with any user dispute but may do so at its own discretion.

ii.        User Guidelines

While posting comments on this website or any social media relevant to this website you shall abide by the user guidelines as below.  If you violate the User Guidelines, we reserve the right to terminate your access to the Service(s).

• No Explicit Content.  Posting sexually explicit material, obscene content may lead towards revoking your rights to use the service.
• No Discriminatory or Abusive Content, or Personal Attacks or Insults.
  • Stay positive – while posting, you should ensure that you are not posting any hateful, harassing or infuriating to other members.
  • You should refrain from making any comments or posts that depict derogatory reference to anyone’s gender, religion and it should not express any kind of stereotype towards any ethnic group or communities.
• No Hijacking, Trolling, or Flame-baiting. All the participants of the forum shall make sure that they stay on-topic and should refrain from taking the thread off-topic; which is considered as hijacking. Either contribute to the forums in a positive way or refrain from posting in the thread at all.
• No Harm to Minors. The usage of service that can be harmful to the minors is not allowed.
• No Sending Spam and Junk Mail. Spamming other members is not permitted. It includes spamming by posts or replies in the post.
• No Illegal Content. Advocacy of promotion of illegal or fraudulent content is not allowed and may be punishable by law.
• No Soliciting Personal Data. Members are not allowed to post any personal data from any third party sources including photographs and other personal information of any other member.
• No Public Posting of Private Conversations. Members are not allowed to post any messages of email communication from any other user, admin or moderator. This may lead towards termination of using the service.
• No Breach of Legal Duty. Don’t post Content that is in breach of any contractual or other legal duty owed to a third party.
• No Deceptive or Fraudulent Links. Putting fraudulent links with a wrong source and/or description is not allowed. This also includes embedded links that lead towards a pop-up ad.
• No Impersonating TOPGEAR SPORTS or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with TOPGEAR SPORTS. Creating an account for the purposes of deceiving other user or to work around a Services suspension is not permitted and will be grounds for a permanent ban from the Services.
• Other. Don’t post Content that contains anything that, in TOPGEAR SPORTS’S sole determination, is objectionable or inhibits any other person from using or enjoying the Services, or that may expose TOPGEAR SPORTS or our user to any harm or liability of any kind.

If we determine that you are violating the User Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.

iii.        Objectionable User-Generated Content

It’s a big bad Internet out there, and people post inappropriate stuff on user-generated content sites all the time. We do our best to keep the community safe and secure (user respecting the Community Guidelines helps), but you still might run into bad stuff before we have a chance to take it down. If you spot any objectionable Content, please let us know.

While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee they will comply with the Community Guidelines or these Terms. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect that someone is misusing your User-Generated Content, please report it to the info@topgear-sports.cz. By consenting to the Terms, you understand and acknowledge that when you access or otherwise use the Services:

• You may be exposed to User-Generated Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
• You may be exposed to User-Generated Content shared by another user that is offensive, indecent, or otherwise objectionable.

Indemnification

You agree to indemnify, defend, and hold harmless TOPGEAR SPORTS, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

Term; Termination

These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TOPGEAR SPORTS without notice at any time, for any reason. TOPGEAR SPORTS reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Forum for any or no reason, without notice, and without liability to you or anyone else. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other Forum (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Order Verification:

All orders are subject to our verification process for accuracy and payment validation authorization. For security reasons, we may contact you via email or telephone to request additional information. In order to protect against fraudulent activity, we must verify the bill-to and ship-to address. Please be certain to provide your exact billing address and phone number (the address and phone number your credit card’s issuing bank has on file) while placing your order. Incorrect information will cause a delay in the processing time and possible order cancellation without prior notice.

DISCOUNT OR COUPON POLICY
All our offers, and coupon codes excludes New arrivals, Heavy items, Sale items, Gift Cards, Custom Orders. Offer cannot be applied to previously placed orders. Offer cannot be combined with other offers. Not valid on wholesale or bulk orders. We reserve the right to limit quantities and/or reject any orders based on stock on hand or other circumstances. Any promotional offer may be modified or terminated at any time without notice. Offers not valid on cancelled or out of stock merchandise. Heavy and oversized items will require additional shipping. The customer will be contacted once an order is placed with a heavy or oversized item with an exact shipping quote.

PRIORITY DISPATCH
Your order is a priority dispatch. We make sure that it is shipped to you at the earliest.

CORPORATE IDENTITY
TOPGEAR SPORTS