1.Seller identity and contact details
The website https://topodesigns.eu (the “Website”) is operated by:
French Albion, trading through the Topo Designs Europe Website
Siège social : 5 avenue Cumba, 64210 Bidart, France
Capital social : 6 060€
Registered with the RCS of Bayonne under number 821182391
SIRET : 82118239100044
Numéro de TVA intracommunautaire : FR64821182391
Telephone: 0033 59 22 52 27 from 9 am to 5 PM
E-mail : info@topodesigns.eu
French Albion is referred to below as “Topo Designs Europe”, “we”, “us” or the “Seller”.
2.Scope and acceptance
These Terms and Conditions of Sale (the “Terms”) govern online sales of clothing, backpacks and accessories by Topo Designs Europe to consumers through the Website, for delivery to destinations offered at checkout.
A “consumer” is an individual acting for purposes outside their trade, business, craft or profession. If you purchase for professional purposes, mandatory consumer protections may not apply and you should contact us before ordering.
The Terms applicable to an order are those made available to you before you place that order. You may save or print them. By placing an order, you confirm that you have read and accepted them. Any later amendment applies only to orders placed after the amended Terms take effect.
These Terms supplement the product information, the Shipping Policy, the Return & Refund Policy and the Privacy Policy. If provisions conflict, mandatory consumer law prevails.
3.Pre-contract information
Before placing an order, you will be given clear information about the essential characteristics of the products, total price, applicable taxes, delivery charges, available payment and delivery methods, estimated delivery period, the Seller’s identity and contact details, legal guarantees, after-sales service where applicable, and the existence and conditions of the statutory right of withdrawal.
You are responsible for checking that the selected product, size, colour, quantity, delivery address and other order details meet your needs before submitting the order. The checkout allows you to identify and correct input errors before confirming payment.
The contractual language available on the Website is English, French and German. The order confirmation and these Terms are provided on a durable medium by email or in a form that can be saved.
4. Products
Products are described as accurately as reasonably possible. Images illustrate the products, but colours may vary slightly depending on screen settings. Minor differences that do not affect the product’s essential characteristics do not remove your statutory rights.
Availability is shown on the Website and may change before an order is accepted. We do not substitute an unavailable product without your express agreement.
5. Order process and formation of the contract
To place an order, you select products, review the basket, provide the requested billing and delivery information, choose an available delivery and payment method, accept these Terms and select the button clearly indicating that the order entails an obligation to pay.
After submission, we send an acknowledgement by email. This acknowledgement confirms receipt of your order but does not necessarily constitute acceptance. The sales contract is formed when we send the order confirmation confirming acceptance, subject to applicable law.
We may refuse or cancel an order on legitimate grounds, including product unavailability, an obvious pricing or description error that you could reasonably have recognised, suspected fraud, payment refusal, legal restrictions, or an inability to deliver to the stated address. We will explain the reason where legally permitted and refund any amount collected without undue delay.
6. Prices, taxes and delivery charges
The product price displayed at the time of order applies to that order. Prices are shown in the local currency and include VAT or other applicable sales taxes unless the Website clearly states otherwise for the selected destination.
Delivery charges vary according to destination, order weight and the available or selected service. The exact delivery charge and the total amount payable, including applicable taxes and charges, are displayed before you place the order.
Orders are shipped Delivered Duty Paid (DDP). The amount shown at checkout includes applicable import duties, import taxes and customs-clearance charges for the selected destination. You will not be asked to pay additional import duties or clearance charges on delivery.
Price changes do not affect confirmed orders. If we discover an obvious pricing error before dispatch, we may contact you to confirm the correct price or cancel the affected item and issue a full refund.
7. Promotions, discount codes and gift cards
Promotion-specific conditions shown with an offer form part of these Terms. Promotions apply for the stated period and while stocks last. Unless expressly stated otherwise, discount codes cannot be combined. A promotion does not restrict statutory rights, including the right of withdrawal and legal guarantees.
Gift cards are governed by the specific conditions disclosed before purchase. Nothing in those conditions limits mandatory consumer rights.
8. Payment
Payment is due when the order is placed. The payment methods currently accepted are displayed at checkout and may include payment card, PayPal and Klarna.
You confirm that you are authorised to use the selected payment method. Payment may be subject to authentication and anti-fraud checks. We may suspend processing if payment is refused or cannot be authenticated. We do not exclude or limit any rights you may have against your payment provider in the event of an unauthorised transaction.
9. Availability and cancellation before dispatch
If a product becomes unavailable after you order, we will inform you promptly. You may choose an available alternative only if you expressly agree to it. Otherwise, we will cancel the unavailable item and refund the corresponding amount, including any delivery amount attributable solely to that item, without undue delay.
You may ask to cancel or amend an order before dispatch. We will try to assist but cannot guarantee a change once processing has begun. This does not affect your statutory right of withdrawal after delivery.
10. Delivery
Orders are delivered to the address selected at checkout. Processing times, estimated transit times, carriers, destination-based rates and free-shipping thresholds are set out in our Shipping Policy and are displayed or calculated at checkout.
Unless another delivery time has been agreed, delivery will take place without undue delay and no later than 30 days after the contract is concluded.
If delivery is late, you may require delivery within an appropriate additional period. If we still fail to deliver within that period, you may terminate the contract. You may terminate immediately where we have refused delivery or where delivery by the agreed date was essential and this was made known before the contract was concluded. Following termination, we will refund all amounts paid under the terminated contract without undue delay and within the legally required period.
These rights are exercised by sending us an unequivocal statement, including by email. Registered post is not mandatory.
11. Delivery address, failed delivery and uncollected parcels
You must provide a complete and accurate delivery address and promptly notify us of an error. We will try to correct it before dispatch but may be unable to do so once the order has been processed.
If delivery fails solely because the address supplied was incorrect or incomplete, or because the parcel was not collected despite reasonable notice and opportunity, we may recover only the direct, reasonable and evidenced costs actually caused by the failed delivery or agreed redelivery, to the extent permitted by law. We do not apply an automatic penalty. This does not affect your statutory right of withdrawal or our responsibility for a failure caused by us or by a carrier selected by us.
12. Transfer of risk and damaged or lost parcels
For a delivery method offered by us, the risk of loss or damage remains with us until you, or a third party designated by you other than the carrier, takes physical possession of the goods. If you independently instruct a carrier not offered by us, risk may transfer when the goods are handed to that carrier, as provided by applicable law.
If a parcel appears lost, arrives damaged or contains an incorrect or missing product, contact info@topodesigns.eu with the order number. Photographs and details help us investigate but are not a condition of your statutory remedies. A signature on a delivery note, failure to refuse a parcel, or failure to notify the carrier within a short contractual period does not extinguish mandatory consumer rights.
13. Statutory right of withdrawal
Subject to the legal exceptions below, a consumer may withdraw from an online purchase without giving a reason within 14 days from the day on which the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods. For a single order delivered in several lots or pieces, the period begins when the last lot or piece is received.
To exercise this right within the withdrawal period, send an unequivocal statement of your decision to withdraw:
Use of the portal or model form is optional. If an electronic withdrawal is submitted through the Website, we will acknowledge receipt without undue delay on a durable medium.
After notifying us, you must send the goods back without undue delay and no later than 14 days after communicating your decision to withdraw. The applicable return address and instructions appear in the Return & Refund Policy and return portal. Do not send a return to the registered office unless instructed to do so.
The statutory right of withdrawal applies to full-priced, Sale and Outlet products unless a specific legal exception applies. Commercial labels such as “Sale”, “Outlet” or “final sale” do not remove that right.
14. Return costs and handling during the withdrawal period
The commercial return-cost rules are:
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for eligible full-priced products, returns are free when the return method specified in our return portal is used;
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for Sale and Outlet products, you bear the direct return cost disclosed before purchase and when creating the return label;
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if you use another return method, you bear its cost and risk, unless mandatory law provides otherwise;
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where a product is faulty, damaged, incorrect or non-conforming, reasonable return costs are borne by us.
You may inspect and try the goods to the extent necessary to establish their nature, characteristics and functioning, as you could reasonably do in a shop. You are liable only for any diminished value resulting from handling beyond what is necessary for that purpose. Missing or damaged retail packaging or tags may be considered only when they cause an actual, demonstrable loss in value; no automatic fee or penalty is applied.
15. Refund following withdrawal
Following a valid withdrawal, we will reimburse all payments received for the withdrawn goods. If you withdraw from the entire order, we will also reimburse the cost of the least expensive standard delivery method offered for that order. Additional costs resulting from your choice of a more expensive delivery method are not refundable.
We will refund without undue delay and no later than 14 days after being informed of your decision to withdraw. We may withhold reimbursement until we receive the goods or you provide evidence that you sent them back, whichever occurs first.
The refund is made using the same payment method used for the original transaction, unless you expressly agree otherwise and incur no fee as a result. We may deduct only an actual, demonstrable diminution in value caused by excessive handling, as permitted by law.
16. Exceptions to the right of withdrawal
The right of withdrawal does not apply in the cases provided by law. For the products ordinarily sold on this Website, the potentially relevant exceptions include:
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goods made to the consumer’s specifications or clearly personalised; and
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sealed goods that are not suitable for return for genuine health-protection or hygiene reasons and were unsealed after delivery.
An exception applies only where its legal conditions are met and it was clearly disclosed before purchase. A product is not excluded merely because it is discounted, Sale or Outlet.
17. Exchanges and commercial returns
Any exchange or return policy extending beyond statutory rights is a voluntary commercial policy and is described in the Return & Refund Policy. Product availability cannot be guaranteed for an exchange. Commercial policies never reduce the statutory right of withdrawal or legal guarantees.
18. Legal guarantee of conformity
The Seller is liable for a lack of conformity that exists when the goods are delivered and becomes apparent within two years from delivery, under Articles L. 217-3 and following of the French Consumer Code. This legal guarantee applies independently of any commercial warranty.
Where the legal conditions are met, you are entitled to have the goods brought into conformity by repair or replacement, free of charge, within a reasonable period and without significant inconvenience. The remedy chosen may be refused where it is impossible or would impose disproportionate costs under applicable law. Where repair or replacement is unavailable, refused, excessively delayed, causes significant inconvenience, or the lack of conformity is sufficiently serious, you may be entitled to an appropriate price reduction or termination of the contract.
The statutory periods, rules of proof, suspension or extension of guarantees and available remedies are those in force under applicable mandatory law. To make a claim, contact info@topodesigns.eu with proof of purchase and a description of the issue. We may request information reasonably necessary to assess the claim, but original packaging is not required to exercise the legal guarantee.
19. Guarantee against hidden defects
You may also rely on the French legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code. A hidden defect is a defect existing at the time of sale that makes the product unfit for its intended use or reduces that use so substantially that you would not have bought it, or would have paid less, had you known of it.
An action must generally be brought within two years after discovery of the defect, subject to the applicable long-stop limitation period. Where the legal conditions are met, you may return the product for reimbursement or keep it and obtain a reduction in price.
20. Commercial warranty
If a product benefits from a commercial warranty, its duration, territorial scope, guarantor, exclusions and claim process are set out in a separate warranty statement provided before purchase or with the product. A commercial warranty is additional to, and does not replace or restrict, the legal guarantee of conformity or the guarantee against hidden defects.
21. Liability
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited, including liability for death or personal injury caused by negligence, fraud, wilful misconduct, or breach of mandatory consumer rights.
Subject to mandatory law, we are not liable for loss that was not a foreseeable consequence of our breach when the contract was concluded, or for business losses suffered by a consumer. We remain responsible for our obligations and for carriers or service providers used to perform the contract where the law so provides.
22. Force majeure
Neither party is liable for delay or failure caused by an event beyond its reasonable control that could not reasonably have been foreseen or avoided. The affected obligations are suspended only for the duration and to the extent of the event. We will inform you and take reasonable steps to limit its effects.
Force majeure does not remove rights that cannot legally be excluded. If performance becomes impossible or the delay justifies termination under applicable law, amounts due for unperformed obligations will be refunded.
23. Intellectual property
The Website and its content, including text, graphics, photographs, logos and designs, are protected by intellectual-property rights belonging to Topo Designs US, its licensors or other rightsholders. You may use the Website for personal, non-commercial purposes. No broader licence or transfer of rights is granted.
24. Personal data and cookies
Personal data is processed in accordance with our Privacy Policy. Information about cookies and consent choices is provided through our cookie notice and preference centre. These Terms do not replace those notices.
25. Customer service and complaints
For questions or complaints, contact:
Topo Designs Europe / French Albion
5 avenue Cumba, 64210 Bidart, France
Email: info@topodesigns.eu
Telephone: 0033 59 22 52 27 from 9 am to 5 PM
Please provide your order number where relevant. We will try to resolve the matter directly.
26. Consumer mediation
After first submitting a written complaint to us and if the dispute has not been resolved, you may refer the matter free of charge to the consumer mediator appointed by French Albion, subject to the mediator’s admissibility rules:
Bayonne Médiation
32 rue du Hameau
64200 Biarritz, France
consommation@bayonne-mediation.com
The former European Commission Online Dispute Resolution platform has been discontinued and is therefore not referenced as a dispute-submission channel.
Consumers residing in another EU or EEA country may also seek information and assistance from the European Consumer Centre in their country.
27. Applicable law and competent courts
These Terms and the contract are governed by French law. However, this choice does not deprive a consumer residing in another country of the protection afforded by mandatory provisions of the law that would apply in the absence of this choice.
Any dispute may be brought before a court having jurisdiction under applicable law. In particular, nothing in these Terms prevents a consumer from bringing proceedings before the courts of their place of residence where EU or national rules permit, or requires the consumer to litigate exclusively in France.
28. Severability and no waiver
If any provision is held invalid or unenforceable, it will be limited or removed only to the extent required, and the remaining provisions will continue to apply. A delay or failure to enforce a right does not constitute a waiver of that right.
29. Contract archiving
We retain order information and contractual documents for the periods required by applicable law. You receive an order confirmation on a durable medium. For contracts meeting the statutory threshold for electronic-contract archiving, you may request access during the legally required retention period by contacting info@topodesigns.eu.
Appendix — Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. You may instead send any other unequivocal statement.
To:
Etxe Logistika
French Albion / Topo Designs Europe
600 route de Bidache, 40300 Hastingues, France
Email: info@topodesigns.eu
I/We hereby give notice that I/We withdraw from my/our contract of sale for the following goods:
Order number: ____________________________________________________
Ordered on: ____________________ Received on: ____________________
Name of consumer(s): _____________________________________________
Address of consumer(s): __________________________________________
Signature of consumer(s) (only if this form is submitted on paper):
Date: _____________________________________________________________
Delete as appropriate.
