Welcome to Topcho!
We know that owning a pet is a hugely rewarding experience, but it can be overwhelming at times too. We are here to help you provide the best preventive care for your pet and ensure long years of happiness together.
Below is an overview of the essential details regarding your General Terms and Conditions of Sale agreement. We want to ensure you clearly understand the terms and benefits of your membership.
Please note that Topcho Preventive Pet Care is not an insurance product. Our Preventive Care plans are specifically designed to provide routine and preventive care, whereas insurance focuses on covering accidents, illnesses, and other medical issues.
At Topcho, preventative care includes standard routine services typically performed during wellness checks. These plans are not designed to identify, diagnose, or monitor accidents, illnesses, or medical conditions.
We are here to support you and your pet.
The Topcho Team
PREAMBLE:
TAWL Solutions Sarl-S is a company offering preventive care for pets.
The Customer is a natural or legal person owning a pet and wishing to subscribe to a Topcho Subscription in order to benefit from the care offered by TAWL Solutions via its service providers.
The Platform is the website through which the Customer subscribes to the various Subscriptions.
The General Terms and Conditions apply to all products and services offered by the Company via the Platform.
Together with any other document to which the General Conditions refer and which may also be consulted on the Platform, they form a contractual document.
If the Subscription is taken out directly via the Topcho Platform, the text of these General Terms and Conditions will be made available to the Customer on the Platform before the Subscription is taken out, so that the Customer can familiarize himself with them.
CONTRACTUAL LANGUAGE
The General Terms and Conditions are drawn up in English.
SUBSCRIPTION FORM
The Customer must fill in the mandatory information fields in an exhaustive manner. In particular, he must complete the information concerning himself (name, telephone number, e-mail address, postal address), and fill in all the information concerning his animal (name of the animal, age, etc.).
SERVICES OFFERED/SUBSCRIPTION CONTENT
Depending on the Subscription chosen, the Customer will be entitled to a tailored offer of services including:
- Annual health check: all animal welfare examinations, routine physical examinations and preventive care.
- The following vaccines are included: hepatitis, leptospirosis, parvovirus, rabies, kennel cough, feline parvovirus, feline herpes, feline calicivirus, feline chlamydophila, and feline leukemia virus, as well as boosters for all the above vaccines.
- Routine blood tests.
- Standard pre-dental examinations.
- Grooming: including services such as washing, drying and brushing, nail trimming and complete hair cutting;
- Coverage of preventive treatments and medications to protect against fleas, ticks, deworming and internal parasites, including lungworm in dogs and ear mites in cats;
- Teeth cleaning: includes professional dental cleaning to prevent plaque build-up, reduce the risk of periodontal disease and improve the pet's oral health;
- Training and feeding advice;
- Access to expert advice on behavioural training and personalised feeding programs to help your pet thrive physically and emotionally.
The services offered via Subscriptions are presented with their name, brand, content, nature, format and price.
EXCLUDED SERVICES
The Subscription is strictly limited to preventive and routine care. It does not cover treatment related to accidents, illnesses or emergencies.
The following services are explicitly excluded from coverage:
- Products or services provided by unlicensed providers, unverifiable companies or self-service methods (subject to confirmation and approval by the Company);
- Visits to veterinary specialists on prescription;
- Treatment already covered by a pet insurance policy, including accident, illness, emergency or end-of-life care.
- Services or products used by the customer prior to taking out this Subscription;
- Surgical sterilization;
- Microchip injection.
SUBSCRIPTION PRICES
The price of Subscriptions is displayed in euros (€) and corresponds to the price in effect on the day the Subscription is taken out. The price includes all taxes (including VAT).
Subscription prices are indicated in the order summary before the order is confirmed by the Customer.
Unless otherwise indicated, the prices of Subscriptions offered via the Platform are guaranteed by the Company.
The price invoiced to the customer cannot be changed after an order has been validated.
5.1 PAYMENT TERMS
Payment may be made either annually or monthly.
Subscription takes effect 14 days after subscription.
Payments must be made in the manner specified in the following paragraphs, in the name of the Company.
Subscriptions are payable by credit card only, using a secure, accredited payment solution that protects against the risk of fraud and guarantees the confidentiality of the credit card number used for payment.
Credit cards accepted on the Site are Visa and Mastercard.
Customer credit card details are encoded in a secure window by the payment operator and are not transmitted to the Company. The Company is only informed by the operator, as the case may be, of the validity or invalidity of the payment.
All orders are accepted only after validation of the Customer's credit card by the payment operator. It is therefore the Customer's responsibility to ensure that his or her credit card is of the correct type, valid on the date of receipt, and sufficiently covered.
Subject to sufficient coverage, the amount of the order is not debited when the order is placed, and the Company only requests authorization from the banking institution issuing the credit card used by the Customer as a guarantee. It is only after confirmation of the order by the Company that the credit card is debited for the total amount of the order received.
The Company cannot be held responsible for any prejudice or problems encountered by the Customer as a result of using the payment system(s) authorized on the Platform.
If the Customer detects an error in the information on the summary, he/she must click on the “modify order” button. Once the order has been modified and resent, the Customer will receive a new order summary. If the information contained in the summary is correct, the Customer is invited to confirm the order.
After validation of the order by the Customer, the Company acknowledges receipt of the order by sending an e-mail to the Customer. However, the order only becomes firm and definitive when the Company confirms the order by another e-mail.
If a payment cannot be automatically cashed or is cancelled, the Company is entitled to charge the Customer a reasonably determinable administrative fee and to claim the balance.
If the Customer fails to meet its payment obligations on time, it will be in default by operation of law without further notice. If the Customer fails to make payment within 14 days of formal notice, a collection agency will be engaged to settle overdue payments and administrative charges.
If the Customer fails to meet or fully meet one or more outstanding payment obligations by their due date, or in the event of any other fact indicating (imminent) insolvency, the Company is no longer obliged to continue to perform the Services and may suspend all Services with immediate effect.
5.2 PRICE CHANGES
The Company has the right to increase the Price each year, with effect from the new calendar year. It will inform the Customer in writing, no later than one month before the price increase comes into effect. If the Customer does not accept the price increase, he/she may terminate the Subscription by cancelling the contract early.
For renewal, the price will remain the same as that initially paid for the previous Subscription, except in the event of a price increase, as specified in the previous paragraph.
6. SUBSCRIPTION DURATION AND RENEWAL
Subscriptions are taken out for a period of 12 months from the date of subscription.
After expiry of the term mentioned in the previous paragraph, the Subscription is extended by tacit renewal for a further 12 months, unless the Subscription has been cancelled in good time in accordance with the provisions of article 9.
After tacit renewal of the Subscription, the Customer may terminate the Subscription at any time without compensation, subject to one month's notice.
The Customer may increase, decrease or modify the services corresponding to his Subscription at the time of renewal. To do so, he/she must contact Customer Support via the Platform or follow the steps indicated in the login profile.
Modifications will take effect on the first day after renewal. These modifications will last for 12 months.
Any increase or decrease in the services included in the Subscription will be subject to an adjustment of the package price and its monthly or annual payment.
7. COMPLAINTS PROCEDURE
Complaints relating to the Subscription must be sent to the Company by e-mail within 7 days of the Customer's discovery of the reasons giving rise to the complaint, described fully and clearly.
Complaints submitted to the Company will receive a response within 14 days of receipt.
If a complaint requires a longer processing time, a response will be given within 14 days with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed response.
8. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw in writing, without giving any reason and without penalty, within 14 working days from the date of subscription to the Subscription.
If withdrawal takes place within 14 days of subscription, the subscription fee and any other fees paid will be reimbursed.
If the withdrawal occurs after the 14 days and is not due to death or any other justified cause, the Company has the right to retain the full payment.
9. TERMINATION OF THE SUBSCRIPTION
The Parties have the right to suspend performance of the Subscription if either of them fails (in whole or in part) to meet its obligations under the Subscription, after the other Party has been given written notice of default.
If compliance with the obligations of the Party in respect of which it defaults or is in danger of defaulting is not definitively impossible, the power to terminate the Subscription will only arise after the other Party has been put in default in writing with notification of a period of 7 days within which the Party may (still) fulfil its obligations, and if performance has still not taken place after the expiry of the latter period.
If the legal entity Customer is in collective debt settlement proceedings, if its assets have been seized or in cases where, for any other reason, the Customer is no longer free to dispose of its assets, the Company is entitled to terminate the Subscription with immediate effect, unless the Customer has already provided adequate security for the performance of its payment obligations, or proceeds to do so immediately.
Any damage suffered by a Party in connection with the suspension and/or termination of the Subscription will be borne by the more diligent Party without prejudice to the provisions above in this article, Force Majeure and measures and/or obligations arising from new regulations under which the Parties would be obliged to provide impossible or disproportionately complicated services, authorize the Parties to terminate all or part of their obligations (including as provided in these General Terms and Conditions) and to suspend or delay the performance thereof, without notice or compensation.
If the Company suspends or cancels the Subscription on the basis of this article, all outstanding claims against the Customer are immediately due and payable.
10. PROCESSING OF PERSONAL DATA
The Company processes the Customer's personal data.
The Company undertakes to process the data provided by the Customer in accordance with the applicable legal and regulatory provisions and in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the RGPD).
The Company processes personal data of the Customer, such as contact data, identification data as well as financial data in the context of the performance of the contract.
This data is collected for the following purposes: (i) to enable the performance of contracts for the provision of services and/or the sale of products; (ii) to ensure the management of the relationship with the Customer; (iii) to ensure the follow-up of the services provided; (iv) to enable invoicing; (v) to develop the commercial relationship (marketing); (vi) to guarantee the recovery of unpaid amounts; (vii) to manage any disputes.
Data is kept for the time necessary to fulfil the above-mentioned purposes or for the time necessary to enable the Company to meet its legal obligations.
The Company takes all necessary and reasonable technical and organisational measures to guarantee a high level of security for the data processed and to ensure the protection of such data against accidental or unlawful destruction, accidental loss, alteration, unauthorised distribution or access, as well as any other form of unlawful processing.
Access to personal data is strictly limited to Company employees authorised to process such data by virtue of their position, and subject to a strict obligation of confidentiality.
The data collected may be communicated to the Company's subcontractors where this is necessary to provide the services requested by the Customer. The Company ensures that its subcontractors use the Customer's personal data in accordance with the applicable legislation on the protection of personal data. In addition, the Company may be required to communicate the customer's personal data by virtue of a legal obligation or for the purposes of dispute resolution.
Customers have the right to information, access, rectification and deletion of personal data concerning them, in accordance with the terms of the RGPD. He may also, on legitimate grounds, object to the processing carried out or request its limitation. The Customer may exercise his rights at any time by submitting a written request to the Company by e-mail to support@topcho.io.
By entering into a contract with the Company, the customer acknowledges and accepts the collection and processing of his/her personal data as described above.
11. USE OF COOKIES
Our Web Platform uses cookies to distinguish you from other users of the platform. This allows us to provide you with a better online experience when you visit our Web Platform and to continue to improve it .
It uses cookies and other similar tools to collect and record certain information from users as they pass through the Site.
To ensure the proper functioning of our Site, it is essential that we are able to place a text file called a “cookie” in your computer's browser files when you visit the Platform.
The cookie may be stored on your computer's hard drive. The information we collect via cookies is non-personal information. You are always free to refuse cookies if your browser permits, but in this case some parts of our Platform may not function properly.
You will find further information about the cookies we use and the purposes for which they are used in the following cookie provisions.
We use the data we have about you for the following purposes:
- to fulfill our obligations arising from contracts we have entered into with you and to provide you with the information, products and services you request from us;
- to provide you with information about products or services that we believe may be of interest to you, or to authorise selected third parties to do so. If you are a new visitor, and where we allow selected third parties to use your data, we (or they) will contact you electronically, if you have given your permission for us to do so. If you do not wish us to use your data in this way or to pass your data on to third parties for marketing purposes, please tick the appropriate box on the form through which we collect your data (the contact form or the registration form as used in practice) ;
- to inform you of changes to our services;
- to ensure that the content of our Platform is displayed in the most effective way for you and your computer;
- to manage our Platform and for internal operations, including troubleshooting, data analysis, monitoring, research and statistical purposes;
- to improve our Platform and to ensure that content is displayed in the most effective way for you and your computer;
- to enable you to use the interactive features of our service, when you choose to do so; as part of our efforts to keep our Platform safe and secure;
- to measure the effectiveness of the advertisements we present to you or to third parties, and to offer you relevant advertisements;
- to make suggestions and recommendations to you and other users of our Platform about products and services that may be of interest to you.
- We may combine this data with other data you have provided to us and information we collect about you. We may use this data and the combined data for the purposes described above (depending on the type of data we receive).
- We may share your data with selected third parties, including business partners, suppliers and subcontractors for the performance of a contract we have entered into with you or them. Advertisers and advertising networks who need the data to provide more targeted advertising to you and third parties.
- We do not provide our advertisers with data about identifiable individuals, but we do offer them aggregated data about our users. We may also use this aggregated data to help advertisers reach their target group.
- We may use the personal data we have collected about you to fulfill the wishes of our advertisers by presenting their ad to this audience, - analytics and search engine providers who help us improve and optimize Platform.
- We may provide your personal data to third parties, if we buy or sell a business or assets, in which case we may provide your personal data to the seller or prospective buyer of that business or assets.
- If we are required to disclose or share your personal data to comply with any legal obligation or to validate or enforce our terms of use and other agreements; or to protect the Company's rights, property or safety. This includes exchanging information with other companies and organisations in order to protect against fraud and to reduce credit risk.
12. EXCLUSION OF LIABILITY
Without prejudice to any other limitation of liability provided for in the General Terms and Conditions or any other contractual document binding the Customer to the Company or resulting from the application of the law or case law, and without prejudice to any mandatory legal provisions to the contrary, the Company may in no case be held liable in the event of :
- loss of data resulting for the Customer from the use of the Platform or electronic means of communication such as, but not limited to, e-mail, which may contain defects or viruses ;
- problems related to the accessibility or availability of the Platform;
- temporary or permanent stoppage or disruption of the Platform or the services offered on it;
- any damage or problem encountered by the Customer as a result of using an authorised payment system on the Platform;
- non-execution of an order due to a case of force majeure, such as a natural disaster, strike, or to a legitimate impediment or reason attributable to the Customer (problems encountered with payment, dubious behaviour on the part of the Customer or dispute with the Customer);
- misuse of products or services by the Customer.
13. MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS OF SALE
The Company reserves the right to modify these General Terms and Conditions at any time. Such modifications shall come into force as soon as they are made available on the Platform. It is the Customer's responsibility to consult and accept the General Terms and Conditions before placing any new order via the Platform.
For each order placed by the Customer, the Company undertakes to apply the General Terms and Conditions in the version in force at the time the order is placed.
14. NOTIFICATION
Unless otherwise stipulated, any notification sent to the Company must be sent by email to support@topcho.io.
15. APPLICABLE LAW AND COMPETENT COURT
This Agreement is governed by Luxembourg law.
In the event of a dispute between the Parties concerning the interpretation or performance of this Contract, the Parties shall consult each other with a view to reaching an amicable solution.
In the absence of an amicable agreement, the dispute will be brought, on the initiative of the most diligent Party, exclusively before the courts of Luxembourg-City.