Terms & conditions

1. Overview

These terms and conditions are applicable to all offers, quotes, sales and agreements between The Top Hat and the Customer. When placing an order the Customer accepts all terms and conditions and agrees that these are bounding. Any and all deviations from these terms and conditions are not bounding unless confirmed in writing by The Top Hat.

5. Orders, Order cancellations and Quotes

5.1 The Top Hat will only accept orders sent by email or via its website. All written orders received by email or via website are binding.

5.2 All quotes shall remain valid for a period of 30 days unless otherwise agreed upon by both parties in writing. The Top Hat reserves the right to change the quote if circumstances beyond The Top Hat's control influence the costs of production.

5.3 In case of a full or partial order cancellation, the Customer shall pay a fixed compensation of at least 45% of the sale price not including VAT. In case of a custom order, the customer will be responsible for 100% of the sale price including the full cost of the design which will be calculated individually with each order and agreed upon in writing.

5.4 The Customer may not cancel the order if it is already being delivered unless it has been agreed upon in writing with The Top Hat in which case the Customer will be responsible for the delivery costs including the costs of delivery back to The Top Hat.

5.5 Prices for custom orders will be determined individually and may not be used as basis for other similar orders.

5.6 All invoices shall be payable to The Top Hat unless specified otherwise in writing by The Top Hat. In the event of late payment and interest rate of 10% per month will be payable. In case of a non-payment a 150 Euro collection fee will be applied unless the The Top Hat's costs become higher. 

5.7 The Top Hat reserves the right to cancel or suspend performance of any and all obligations towards the Customer with an immediate effect or to refuse performance if an invoice is not paid in full on the due date or if the Customer fails to fulfill their contractual obligations for any reason. 

6. Delivery

6.1 All delivery dates are subject to change the delivery date is for informational purpouse only and it is not binding. Delay in delivery dates shall not entitle the Customer to compensation or cancellation of sale nor will it release the Customer from the obligation to accept ordered items.

Unless specified otherwise, all delivery costs shall always be paid in full by the Customer.

6.2 All products remain the sole property of The Top Hat until the full payment is received.

8. Complaints

8.1 All complaints concerning visible defects must, under the penalty of being void, be sent to The Top Hat within 3 days after the delivery. 

8.2 All complaints should be submitted in writing by email or certified mail describing in detail the basis for the complaint. Evidence such as pictures or samples of the wallpaper should be attached as evidence. In case of absence of evidence, The Top Hat may deem the complaint unacceptable. If the complaint is received within the appropriate time frame and after investigation it is deemed valid, The Top Hat, at its discretion shall replace the goods or credit the entire or partial cost of the product without being obliged to any further compensation. 

9. Liability

9.1 The Top Hat's liability shall never exceed beyond free replacement or credit for goods found defective within the timeframe established herewithin these general conditions. Once the claim period has expired, The Top Hat can no longer be held liable for any claims.

Full liability shall never exceed the value of an invoice for the defective product. The Top Hat shall never be liable for indirect or consequential damages related but not limited to third-party claims, loss of customers, breaches of contracts and agreements or loss of profit.

9.2 The Top Hat shall not be liable for not failure to fulfil its obligatio as a result of force majeure. This in cludes but is not limited to telecommunication issues, transportation problems, fires, floods, strikes, governmental regulations or provisions, scarcity of materials, supplier issues. In these cases, the