GENERAL CONDITIONS

TERMS AND CONDITIONS OF PURCHASE

Access and use of the website www.top-on.com, as well as the purchase of its products, are subject to acceptance by the User of the TERMS AND CONDITIONS OF PURCHASE, as well as our Privacy Policy. Make sure that you have carefully read all the TERMS before using the services offered in the online store.

The TERMS AND CONDITIONS OF PURCHASE may be modified over time, it is recommended that the user access them always before proceeding to make a purchase. In the event of any change, TOP-ON® will notify users through the Newsletter or other equivalent means.

In case you have any questions or require more information about the TERMS AND CONDITIONS OF PURCHASE or PRIVACY POLICY, you can send a message to the email address info@top-on.com.

1. PREAMBLE

These purchase conditions are applicable to all sales of Top-on® brand items that have been made through the website www.top-on.com (hereinafter “website”).

By placing an order, you guarantee to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.

Orders can only be made to purchase goods without the intention of reselling. Any resale or distribution of the products purchased through the website is strictly prohibited.

We reserve the right to cancel fraudulent, false or speculative orders as well as those orders that have been requested by a client with whom there may be a difference / controversy in previous orders, or when there are reasonable doubts that may make us think that the client is violating any of the specified purchase conditions or is participating in any criminal activity.

We can update these conditions of purchase, as well as the legal notice at any time. You can always consult and print the updated version of both texts by clicking on the “General Conditions” and “Legal Notice” links.

  • Obligations of the user

As a user, you are obliged to communicate all the necessary data to access and use the services of this website. These must be truthful and current and you agree that we can make use of them to contact you if necessary. It is essential that you provide all the information that we classify as mandatory, since otherwise we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of the error or omission of this data.

The user must make appropriate use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation. 

  • Security measures 

We will establish all reasonable mechanisms at our disposal to ensure that your personal data is kept securely at all times. However, you accept that no data transmission over the Internet can be guaranteed as secure against access by unauthorized recipients and you cannot hold us responsible for any security breach except due to our negligence. Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify us of the loss, misplacement, theft, theft or illegitimate access to your username and password, as well as as its knowledge by third parties.

2. PURCHASE CONDITIONS

2.1. Buying process

You can browse the website until you find the desired item. Once located, by clicking on it, you will access all the detailed information offered by the website. From there you can add the item to your purchase. If you are placing an order for the first time with us, you will be asked to register by entering your email address and a password with which you can create and access your account. In the case of a registered user with an active account, you must enter your email and password and the system will recognize your data. Once you are in your account you can continue your purchase and finally confirm the order.

2.2. Destinations

Shipping addresses cannot be PO Box.

The cost of transport varies according to destination and volume of purchase. The costs described on the website indicated above are estimates, and small differences may arise due to the volume of the shipment and increases in transport rates. Check the transport cost at the end of the FINISH PURCHASE screen where the exact amount will be described. If the website does not allow you to place the order, send us an email to info@top-on.com.

The specified delivery times are for guidance only and do not take into account possible delays due to payment authorizations or exceptional transport conditions.

Orders from customers who make a purchase from the European Union will be shipped under the terms DDP (DELIVERY DUTY PAID) which implies that the final prices include applicable taxes and duties. If the shipment has been made to a country with applicable tariffs, in the case of return, the handling costs and the tariffs themselves will not be reimbursed. You should contact your closest customs manager to recover the amount thereof.

2.3. Availability

All orders are subject to availability. We are not responsible for the lack of stock or the unavailability of the products. Consult the selection of items available for sale through the website, since not all items that we can offer in our stores or that may appear in catalogs, websites or other types of presentations are available for this type of sale. If a product is not available once the order has been placed, you will be informed as soon as possible by email or by phone and the order will be canceled.

If you have any questions, it is recommended to contact us via email info@top-on.com.

2.4. Acceptance of orders

The order will not be accepted by us until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as acknowledgment of receipt, but this does not imply that the order has been accepted, since they will be subject to our subsequent verification and acceptance. We will confirm the acceptance of the order in an e-mail in which we will inform you that the order is being sent. Only at that time will the contract between you and us be formalized, and only for the items listed in said shipping confirmation.

2.5. Confirmation and cancellation of orders 

Prior to the completion of the order on your part on the website, you can review all the details associated with it (amounts broken down into all necessary headings – taxes, transport costs, selection of items, etc.), being able to correct it that you consider necessary. After confirmation, it will not be possible to modify or cancel the order through the website, you must contact us via email. In this case, the order can only be modified or canceled if the item has not entered the dispatch phase from our warehouses.

2.6. Currency, taxes and price

In accordance with current legislation in Spain, all purchases from our website will be subject to value added tax, except for the Canary Islands, Ceuta and Melilla. The applicable rate will be the one legally in force at all times. In orders destined for the Canary Islands, Ceuta and Melilla, Andorra, etc. Deliveries will be considered VAT exempt, without prejudice to the application of taxes and duties derived from the entry and exit of the product in said territories (according to current regulations), and which must be paid directly by the client to the logistics operator in charge of the product delivery. All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the delivery territory, as indicated in the previous paragraphs).

The prices of the articles entered are valued in EUROS. Payments and refunds for all shipments will be made in euros (EUR). If your credit / debit card is not denominated in EUROS, the exchange rate will be applied by the corresponding bank according to the market exchange rate.

The prices of the items reflected in the Online Store do not include shipping costs. In the FINALIZE PURCHASE section, you will find information on the cost of the transport assigned to each area or country and depending on the volume of your purchase or the current promotion, shipping costs may be free for the entire Spanish Peninsula.

2.7. Payment method and security

The user can make the payment by using the following options:

  • Credit or debit cards: VISA, MASTER CARD, AMERICAN EXPRESS, 4B.
  • Paypal payment platform.
  • Bizum platform.
  • Bank transfer to our account:

IBAN Number: ES37 0182 9741 4002 0012 8138

Entity: BBVA

CONCEPT: indicate name and order number.

Send proof of payment to info@top-on.com. info@top-on.com.

We use a secure payment gateway with encryption of payment data. Therefore, we will not keep in your files the information regarding the data of the cards used.

In the use of the debit / credit card, the user confirms that the card used is his or has been duly authorized by the owner of the same for its use. Credit / debit card transactions will be subject to a security control and validation by the issuing entity. In the event that the card issuing entity denies the transaction, top-on.com will not be responsible for delays or cancellations of shipments.

2.8. Deliveries: types, deadlines and problems

Delivery can be made to the address you choose (except PO Box). Home delivery of orders will be carried out by a logistics operator within normal business hours. If there is no one at that address when the logistics operator comes, they will leave you a note and their customer service department will try to contact you to close the delivery. The usual delivery time will be approximately between 1 and 7 business days after order approval. This period may increase in periods of sales, Christmas campaigns or in case of customs procedures or other circumstances derived from (for information only) geographical distance, weather conditions, wars, strikes, any form of government intervention, breaches of our suppliers , etc. as well as any other attributable to the logistics operator in charge of delivering the product. We are not responsible for any delays that may arise for any of the reasons mentioned above.

If, at the time of delivery, the order packaging is damaged, you must open the package in the presence of the logistics operator to check the status of the items. If damages are observed, you must detail them on the delivery note and get in touch. We will repair or replace at no cost to you all those items that have been damaged or lost during transport, as long as you notify us of this incident as soon as possible. Once the order is delivered, it will become part of your property and, therefore, all damages that may arise will be your responsibility.

 2.9. Return, exchange and refund policy

Right of withdrawal: The Client will have a maximum period of 14 calendar days from the delivery of the Product or from the conclusion of the contract if it is a service, to communicate his total or partial withdrawal of the purchase of the Product or service, in accordance with applicable legislation. The return made in time will not entail any penalty. However, the Customer must bear the shipping costs. You must send the item / s in the original packaging in which it was delivered by the logistics operator. Once the return has been received by us, we will verify that the returned items physically correspond to the order and additionally that they have been received in perfect conditions of use, complete, in their original packaging and without signs of having been used. If the order status check is satisfactory, we will proceed to reimburse you for the money you had paid at the time to the same credit card from which you made the payment, excluding shipping costs, within a maximum period of one month.

Otherwise, we will contact you to send you the item again (the transport costs associated with this new shipment will be at your expense).

To find out the return address for an item, you must contact us via email and we will provide it to you. Be sure to contact us via email info@top-on.com so we can know about your delivery.

2.10. Products warranty

The warranty period is two years, although it does not include deficiencies caused by negligence, blows, improper use or improper handling, etc., or materials that are worn by use.

By virtue of the Royal Legislative Decree, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms that it establishes (article 114), by virtue of which: “The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product “. The calculation of the guarantee will begin on the same day of purchase, by virtue of the aforementioned article 123 of the Spanish Royal Legislative Decree.

3. PARTIAL NULLITY

If any part of these conditions of services is contrary to Law and, therefore, invalid, this will not affect the other provisions in accordance with Law. The parties undertake to renegotiate those points of the service conditions that will be void and to incorporate them into the rest of the service conditions.

4. MODIFICATION OF THE GENERAL SALE CONDITIONS

We reserve the right to modify the general conditions of sale without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they appear presented or located on their servers. These changes must be accepted by the user each time a purchase is made through the web. Clients who are not satisfied with the modifications to the general conditions must notify it and, from the date on which the new version comes into force, must stop using the services of the web. In the event that some of the terms of the general conditions of sale are declared illegal or not enforceable by a judicial decision, the other provisions will remain in force.

5. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The provider and the user agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals of the provider’s domicile.

This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website, can be stored, archived and reproduced by the usual electronic or computerized means.