Terms of use
1.0. Overview
The following is essential information about the rights and responsibilities of both the seller and the customer. It also includes a list of Terms & Conditions to which all parties must agree prior to the commencement of business with Topdms.
‘Topdms’, when used in these Terms & Conditions, refers to all organisations under the control of Yangzhou jiuxin sports technology co,. Ltd. Topdms reserves the right to amend or delete the following Terms & Conditions at any time.
While Topdms strives to provide up-to-date information via www.Topdms.com, it cannot guarantee that this information is current. Please contact Topdms team on
+86 514 83627288, if you believe that you do not have access to the most recent Terms & Conditions.
2.0. Agreement
Your interaction with Yangzhou jiuxin sports technology co,. Ltd constitutes your agreement to follow these Terms & Use of our services constitutes acceptance of the Terms and Conditions, you indicate that you will comply with its regulations.
If you do not agree to comply with the regulations, please refrain from purchasing products from the company. Topdms will take appropriate and considered action to uphold the Terms & Conditions.
3.0. Privacy Policy
Topdms is committed to providing you with superior customer service, which includes the highest protection of your privacy. Topdms is bound by the Privacy Act 1988 (Cth) (“Privacy Act”), which sets out several principles concerning the protection of your personal information.
4.0. Conditions of sale
The following Conditions of Sale will apply to, and bind the purchaser of, any Yangzhou jiuxin sports technology co,. Ltd (ABN: 91 160 793 70) product.
All transactions are processed in Dollars (USD).
NOTICE TO USER:
Please read this agreement carefully before purchase or assembly. By placing an order, you acknowledge that you have read this agreement, understand it and agree to be bound by its conditions. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.
LEGAL RIGHTS – PLEASE READ:
EXCLUSION OF LIABILITY – WAIVER OF RIGHT TO SUE – YOUR ASSUMPTION OF RISK – THESE CONDITIONS AFFECT YOUR LEGAL RIGHTS.
Yangzhou jiuxin sports technology co,. Ltd (ABN: 91 160 793 706) (“Topdms”), as supplier of outdoor play products and accessories, sells all Products subject to the following conditions:
- To the maximum extent permitted by the law, Topdms, its employees, directors and agents will not be liable to the customer, their dependents or legal representatives for damage to property, personal injury or death suffered by the customer because the Product was not manufactured or supplied with due care and skill, the Product is not reasonably fit for its purpose or because of negligence, breach of contract, breach of statute or breach of statutory duty by Topdms.
- topdms, its employees, directors and agents are not liable to the customer, their dependents or legal representatives for personal injury or death suffered by the customer because the Product was not:
- installed in accordance with the Topdms instruction manual. It is the customer’s responsibility to check all boxes to confirm that all components are included and in the correct condition before assembly.
- installed with due care and skill, by a the customer or a third party assembly service; and
- in the same condition as when the Product was supplied, due to wear and tear – including, but not limited to, weather damage, deterioration of the net, spring stretch, UV deterioration or rust.
- The customer acknowledges that using the Product can be dangerous, with inherent risks and hazards. As a consequence, personal injury or death may occur. The customer assumes and accepts all such risks, and hereby – to the full extent permitted by law – waives the right of action against, and fully releases Topdms for, loss, damages, personal injury or death in any way caused by, or relating to, the customer’s participation in such activities.
This includes – without limitation – liability for any negligent or tortuous acts or omission, breach of duty, breach of contract or breach of statutory duty on the part of Topdms, its office bearers, directors, employees or agents.
RISK WARNING:
Intrinsic to their nature, products in the category of outdoor play equipment come with a significant risk of injury to the user; including the possibility of serious injuries, permanent disability or death. All participants who engage in activities with the Product do so at their own risk.
Adult supervision is always required whilst play equipment is in use. Adult assembly of all products is required. Careful adherence to the installation instructions is required to ensure safety for the user. Products are strictly for outdoor and domestic use only. Instruct children not to use the equipment in a manner other than intended.
5.0. Title and risk
Title to, and ownership of, any product ordered from Topdms passes to the customer only when:
- - The customer pays all amounts due for the product – Including delivery and other charges; and
- - Topdms receives these payments in full; and
- - When the customer takes final delivery of the items.
Risk in any product passes to the customer when the product is dispatched from the Topdms company (or otherwise leaves the possession or control of Topdms) in accordance with the customer’s instructions, regardless of the method of delivery. Alternatively, in the absence of delivery instructions from the customer, Topdms notifies the customer – in writing – that the product is available for collection from the Topdms company, or from the location specified in that notice.
6.0. Delivery
Products may be delivered through the general (non-express) service of an independent delivery company to all residential and business addresses . Therefore, after dispatch from the Topdms depot, delivery is covered under the Terms & Conditions of the independent provider and not the Terms & Conditions of Topdms.
The following are approximate delivery times throughout World. Topdms will endeavour to provide timely delivery of ordered products within these timeframes; however, estimated delivery times cannot be guaranteed and are a guide only. Topdms will also ship ‘express’, as this service is unavailable through the delivery provider.
| Country | Estimated delivery time |
|---|---|
| United States | 25 -40 days |
| United Kingdom | 25 -40 days |
| Canada | 25 -40 days |
| France | 25 -40 days |
| Italy | 25 -40 days |
| Australia | 20 – 30 days |
| Japan | 4 – 12 days |
| Russia | 12 – 20 days |
All times given are estimates only. Topodms bears no responsibility if these times are inaccurate for specific deliveries. Delivery times are calculated from the date that the order leaves the Topdms warehouse to the date the order arrives at the customer’s delivery address
By placing your order with topdms you consent to having the courier drop off your order at your address if you are not at home at the time of delivery. This is necessary because it is difficult for the couriers to make a return trip if you are not home. To request that your order is not dropped off if you are not home, please call us on +86 514 83627288 to make an exception.
7.0. Trampoline ‘components’
These parts include:
- - Springs,
- - Leaf Springs,
- - Jump Mat,
- - Joiner Poles,
- - Safety Net (and components thereof),
- - Net Poles,
- - Frame Tubes.
The programme does not extend to accessories or to Shade Cover.
7.1. Swing Set ‘components’
only available to customers who wish to replace parts that are core components of their swing set frame. These parts include:
- - Frame Tubes and Legs
- - Joiners
- - Swing Rails
The programme does not extend to individual Swings (which are customisable, and therefore not ‘core components’), accessories or Shade Cover.
8.0. Warranty
All Topdms products are sold with a manufacturing warranty, which assures that the item is free of defects in workmanship and materials (“warranty”).
8.1. Warranty periods
Warranty periods always commence from the date the items are sent to the customer.
Warranty periods on Topdms trampolines and swing sets do not reset for any reason, unless the customer purchases an entirely new product. In this case, that particular product will be covered by its own warranty period. It does not affect – nor will it increase – warranty periods for other purchased items.
Replacing any parts that constitute a trampoline or swing set do not change the original warranty period of that product.
Accessories for products
- - 12 months [1 years] for all swings included with, or purchased separately to, swing sets or play sets.
- - 12 months [1 year] to purchased accessories – e.g. Mister, Deck, Soccer Goal.
The customer may extend the standard 12-month [1 year] warranty to 36 months [3 years], if they purchase an extended warranty within 7 days of their delivery date. No extended warranty is available on standard warranties that are over or under 12 months [1 year].
8.2. Inclusions
This warranty covers manufacturing faults and defects only.
If a product is damaged or rendered unsafe as a result of a departure from its design specifications during production, this constitutes a manufacturing fault or defect.
This may occur if – for example – use of incorrect textiles during manufacturing causes a Safety Net to disintegrate, or if improper welding produces an unstable Frame.
8.3. Exclusions
8.3.1. Damage through wear and tear
This warranty does not extend to normal wear and tear of the product. This may include, but is not limited to:
- - Rusting of steel components,
- - UV deterioration of textile components,
- - Stretching of springs.
As outdoor products that are actively used, these products and their accessories will experience wear and tear over time.
8.3.2. Damage through weather conditions
Damage to the product that results from weather events – such as rain or wind – are not covered under the warranty. Topdms suggests that you contact your home and contents insurer if your product is damaged by such events.
8.3.3. Damage through improper installation
This warranty does not extend to any failure of the product caused by installation not in accordance with the Topdms Manual. Customers must assemble their Topdms product by following carefully the Installation section of their Topdms Manual.
Furthermore, the warranty does not cover installation provided by a third-party assembly service. It is the customer’s responsibility to check all boxes and confirm that all components are included in the correct condition before installing.
8.3.4. Damage through insufficient care or maintenance
This warranty does not extend to accelerated decay of the product caused by poor care or maintenance. It is essential that customers regularly check, and follow the advice of, the Care and Maintenance sections of their Topdms Manual to ensure that their product lasts as long as possible.
8.3.5. Damage through inappropriate use
This warranty will be void if the product is used for any other activity besides those for which it was intended. Topdms products constitute products and accessories for such products. They are not intended for use as professional, fitness trampolines, Dome climber, etc.
The warranty will also be void if any non-topmds components or accessories are used with the product – such as third-party swings or Shade Covers.
Any evidence that inappropriate actions that have led to product failure will not be covered by the warranty. Similarly, replacement parts or repairs needed to mend such damage will not be covered under the warranty.
8.3.6. Damage through salt water body proximity
This warranty (on steel components, specifically) will be reduced by 50% where the Topdms product is assembled within 1.6 km of a salt water environment or where it is subject to ocean spray as determined by the presence of salt crystallised on the product.
8.3.7. Personal injury
This warranty does not cover personal injury or losses due to any of the above: wear and tear, weather conditions, inappropriate installation, insufficient care or maintenance or inappropriate use, nor does it cover damage due to negligence or accidents.
8.4. Warranty Claims
If a customer believes that a Topdms product is faulty or defective, they must discontinue use and submit a Warranty Claim.
A customer must not attempt to use a product if any part is faulty or defective. Any damage that the user causes as a result of using faulty or defective products will lead to voiding of the warranty.
9.0. Missing parts
If a customer believes that a Topdms product does not include all necessary parts or they are missing a part of the delivery, they must contact us immediately on +86 514 83627288. It is customers duty to check they have all the relevant parts when the item is delivered.
10.1. Product portrayals
The appearance of the product that the customer receives may differ from those portrayed in promotional material due to subtle product updates or the colour settings of the customer’s computer.
10.2. Product pricing
Prices displayed on the topdms website, in promotional material or provided by Topdms staff are subject to change at any time and subject to the discretion of the appropriate parties.
While Topdms will attempt to raise attention to future price changes, prices may change between inquiries and point of sale. Furthermore, prices depicted on invoices or quotes, provided either digitally or in print, are valid for 7 days – except prices marked as arising from a “sale” or “discount” for a specified period. These quotes or invoices are valid only for the day that they are provided.
10.3. Intellectual Property
The Topdms website, products and all other contents, features, and functionality (including but not limited to text, images, videos, software and the design arrangement thereof) are owned by Topdms and it’s related entities and are protected by International copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.
These terms and conditions grant you a personal, non-exclusive, non -transferable, revocable licence to access and use the Topdms website and products. You must not reproduce, distribute, modify, create derivative works of, publicly display/perform, store or transmit any material from our website or physical products, except as incidentals as part of general software, social media, linking and other platform expressly enabled.
All logos, images and text regarding Topdms products, print material and website are copyright Yangzhou jiuxin sports technology co,. Ltd 2014+. All trademarks are ® trademarks. Unless specific written permission is obtained from the appropriate parties, these trademarks or logos should not be appropriated by third parties in any way.
