GENERAL TERMS AND CONDITIONS

Information prior to the contractual process

The present web page https://www.tophats-shop.com/es/ is the property of CAPLAND ILURO S.L. with NIF B67219055 and fiscal address at CALLE CAMI CA LA MADRONA 16 PLANTA 1 PUERTA 2 08034, BARCELONA. 

The General Conditions of Contract regulate the distance selling relationship between CAPLAND ILURO S.L. and the user or client, in accordance with the following terms and conditions. and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, 1998, on General Contracting Conditions, Law 3/2014, of March 27, 2014, which amends the revised text of the General Law for the Defense of Consumers and Users, Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of 15 January on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce. 

CAPLAND ILURO S.L. reserves the right to make any changes it deems appropriate, without prior notice, in the General Conditions. Such modifications may be made, through its websites, by any means admissible by law and will be binding during the time they are published on the website and until they are not validly modified by subsequent ones. However, CAPLAND ILURO S.L. reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Conditions when it deems appropriate, announcing them in a timely manner. 

The purpose of the website is the sale of caps and embroidery. 

The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal. 

As a user or customer expressly declares to know, understand and accept the conditions of use and these general conditions of contract. Similarly, you declare that you are of legal age and have the legal capacity to access the websites of CAPLAND ILURO S.L. and contracting through them. 

The European Commission provides a platform for online dispute resolution which is available at the following link: http://ec.europa.eu/consumers/odr/ 

To purchase our products, you can go to the corresponding section of our online store. You can register as a user of the website to make the purchase online in the corresponding section of the website. In accordance with the applicable and current legislation on data protection, CAPLAND ILURO S.L. informs users that personal data collected during the registration process and subsequent purchase, will be incorporated into the processing system owned by CAPLAND ILURO S.L., in order to process such actions by the user and manage subsequent actions arising from them. 

Your data will be kept for the period of time strictly necessary to fulfill the above purposes, unless there is a legal obligation to keep it. 

We inform you that the legal basis for the processing of your data is the proper execution of the contract between the parties and consent. 

In accordance with the rights conferred by current legislation on data protection, you may exercise your rights of access, rectification, limitation of processing, deletion, portability and opposition to the processing of your personal data, as well as the consent given for the processing of the same, by sending your request to the address mentioned above or to the e-mail INFO@TOPHATS.ES. You may contact the competent Control Authority to file the claim you deem appropriate. 

During the purchase process you must identify yourself with the user name and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to transfer them to another. You can modify the registered information at any time, in your customer area. In this same section you will have access to a history of your orders, this is only a consultation section, but its management is allowed, and the user can delete those records that he considers it is not necessary to view. 

Once the purchase process is completed, the customer will receive a confirmation of the purchase by e-mail. It is essential that during the purchase process the user indicates a valid email address. If within 24 hours from the completion of the order you do not receive the confirmation, please contact CAPLAND ILURO S.L. by telephone customer service 931713825 or by email INFO@TOPHATS.ES.  

All the contents of the website are in Spanish and English. 

The customer, upon receipt of the product at the delivery address provided, will receive an invoice or copy of the order. 

Offer and validity 

In case of a product on offer, the offer price and its validity will always be indicated next to its essential characteristics. 

In compliance with current regulations CAPLAND ILURO S.L. offers information on all items on sale, their characteristics and prices. However, CAPLAND ILURO S.L. reserves the right to withdraw, replace or change the products offered through its website, by simply changing the content of the website. Thus, the products offered at any time by the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned products. 

Essential characteristics of the products 

The products offered in our online store, incorporate a photograph and the essential characteristics of the same, this is the information obtained from the manufacturer itself. The color of the product, observable in the photograph is not binding. In the characteristics it is identified. 

Warranties 

All products offered on the website enjoy the commercial guarantee of the supplier of the product. CAPLAND ILURO S.L. has an after-sales service, while the warranty is in force, the customer can execute it by contacting the establishment of CAPLAND ILURO S.L., the after-sales service, by email to INFO@TOPHATS.ES or to the points established by the supplier itself. In case of doubt, you can contact the customer service telephone number 931713825 or by e-mail to INFO@TOPHATS.ES.  

In the case of perishable products and you receive them in bad condition or expired, please contact through INFO@TOPHATS.ES. It will be essential to follow the instructions of conservation determined in the own package, besides observing the expiration date, keeping in any case the proof of purchase. 

Prices 

All products indicate the selling price in Euros and include Value Added Tax (VAT). 

If any other tax is applicable, this will be indicated (IGIC or IPSI).

Delivery and transport costs

CAPLAND ILURO S.L. delivers to the Peninsula, Canary Islands, Balearic Islands, Ceuta, Melilla and Europe. We also ship outside the European Union. 

Shipping costs will be applied depending on the shipping area, size, weight, product measurements, as well as the amount of the order. The customer will be able to visualize the costs before making the purchase. 

Methods of payment 

The client will be able to pay the amount of his order opting for any of the following forms. During the process of purchase it will have to indicate its election: 

  • VISA or MASTERCARD credit card All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on the standard security technology SSL (Secure Sockets Layer). All the information you transmit to us travels encrypted through the network. 

Likewise, your credit card information is entered directly on the bank's website, at the POS (Point of Sale Terminal of the Bank) and is not entered or recorded on any server of CAPLAND ILURO S.L.. 

When paying by VISA or MASTERCARD you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering more guarantees about the security of the transaction. 

This form of payment is valid only on the web. 

When the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and recredit entries in the accounts of the supplier and the cardholder will be made as soon as possible. 

However, if the purchase had actually been made by the cardholder and the demand for refund was not the result of having exercised the right of withdrawal or termination and, therefore, had improperly demanded the cancellation of the corresponding charge, he will be liable to CAPLAND ILURO S.L. to compensate for damages caused as a result of such cancellation. 

  • PayPal Allows you to send payments on the Internet securely and conveniently. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global payment solution in real time. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms. 

More information on PayPal. .http://www.paypal.com. 

Order fulfillment 

Shipping prices and delivery times will be as follows: 

Spain (peninsular) - 2-3 working days - Free shipping on orders over 200€. For orders of lower amount, shipping costs according to logistics operator rates. 

Balearic Islands - 4-5 working days - Free shipping on orders over 200€. For orders of lower amount, shipping costs according to logistics operator rates. 

Canary Islands - 4-5 working days - Free shipping on orders over 200€. For orders of lesser amount, shipping costs according to logistics operator rates. 

Ceuta and Melilla - 4-5 working days - Free shipping on orders over 200€. For orders below this amount, shipping costs according to the logistics operator's rates. 

Europe - 5-10 working days - Free shipping on orders over 200€. For orders below this amount, shipping costs according to the logistics operator's rates. 

International (outside and inside the EU) - 5-10 working days - Free shipping on orders over 200€. For orders below this amount, shipping costs according to the logistics operator's rates. 

**Delivery times may vary due to circumstances beyond TOP HATS LLORET S.L. In any case, delivery will take place within a maximum period of 30 calendar days. 

** The shipping rates reflected may be modified in the future. 

Except in those cases where there are unforeseen or extraordinary circumstances, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the website according to the shipping method selected by the user and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. 

If for any reason, which was attributable, TOP HATS, could not meet the delivery date, will contact the user to inform him of this circumstance and the user may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days. 

The carrier will send an SMS and/or email to the user to inform him/her of the approximate day and time of delivery. If it is impossible to deliver the order due to the user's absence, the order may be returned to the warehouse. However, the carrier will leave a notice indicating where the order is located and how to proceed so that it can be delivered again. 

If the user is not going to be at the place of delivery in the agreed time slot, you should contact TOP HATS to arrange delivery on another day. 

If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to TOP HATS, TOP HATS will understand that the user wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the user will be returned to the user, with the exception of the additional costs resulting from the user's own choice of a delivery method other than the least expensive ordinary delivery method offered by the website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated. 

However, the user must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to the user. 

It will be understood that delivery has occurred at the time when the user or a third party indicated by the user, other than the carrier, acquires material possession of the products, which will be evidenced by the signature of the receipt of the order at the agreed delivery address. 

The risks that may arise from the products will be the responsibility of the user from the time of delivery. The user acquires ownership of the products when TOP HATS receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time to the full receipt of the amount paid by TOP HATS. 

The usual delivery time is 3-4 working days for mainland Spain, Canary Islands, Balearic Islands, Ceuta and Melilla, and 4-6 working days for the rest of the world. 

This period may increase in periods of sales, Christmas campaigns or in case of customs formalities or other circumstances arising from (for information purposes only) the geographical distance, weather conditions, wars, strikes, any form of government intervention, defaults of our suppliers, etc. and any other attributable to the logistics operator responsible for the delivery of the product. We are not responsible for any delays that may arise for any of the above reasons. 

If at the time of delivery the packaging of the order is damaged, you must open the package in the presence of the logistics operator to check the condition of the items. If any damage is observed, you must detail it on the delivery note and contact us. 

We will repair or replace at no cost to you any items that have been damaged or lost in transit, provided that you notify us as soon as possible. 

Once the order has been delivered, it will become your property and therefore, any damage that may occur will be your responsibility. 

The availability of the products offered by CAPLAND ILURO S.L. may vary depending on customer demand. Although CAPLAND ILURO S.L. periodically updates its stock, the product requested by the customer may be out of stock at that time. In case of non-execution due to unavailability, CAPLAND ILURO S.L. will notify the client by email as soon as it becomes aware of this situation. The period of this communication will in no case exceed a maximum period of 30 days. CAPLAND ILURO S.L. will be able to give the client the double option of: supplying the client with a product of similar characteristics or of superior quality without an increase in price, or except for justified and demonstrable reasons by CAPLAND ILURO S.L., within this same period, paying the sums paid for the cancelled order. 

Right of withdrawal 

The buyer will have a period of fourteen calendar days to withdraw, from the day the customer receives the product, without penalty and without stating the reasons. 

The exercise of the right of withdrawal must be made by notification through telephone communication to 931713825, by sending an e-mail to INFO@TOPHATS.ES, by sending your letter to our postal address CALLE CAMI CA LA MADRONA 16 PLANTA 1 PUERTA 2 08034, BARCELONA, or through the withdrawal form.

In the event that the goods that make up your order are delivered separately, you have a maximum period of 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired material possession of the last of the goods that made up the same purchase order. 

The return made within the deadline will not entail any penalty. However, the Customer shall bear the shipping costs. 

According to the provisions of Article 103 of Law 3/2014 of 27 March amending the revised text of the General Law for the Defense of Consumers and Users, supplies of services or goods made according to the specifications of the consumer or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire rapidly, are exempt from withdrawal. 

The return 

The customer must return or deliver the product directly to CAPLAND ILURO S.L., to the address CALLE CAMI CA LA MADRONA 16 PLANTA 1 PUERTA 2 08034, BARCELONA, without undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right of withdrawal from the contract is formalized. The deadline shall be deemed met if the customer makes the return of the product before the end of the period.

The customer shall bear the cost of returning the product. 

Refund of payment 

The customer must return or deliver the product directly to CAPLAND ILURO S.L., at the address CALLE CAMI CA LA MADRONA 16 PLANTA 1 PUERTA 2 08034, BARCELONA, without undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right of withdrawal from the contract is formalized. The deadline shall be deemed met if the customer makes the return of the product before the end of the period.

The customer shall bear the cost of returning the product. 

Refund of payment 

The reimbursement of the amounts received by the customer will be made using the same means of payment used by the customer, unless otherwise provided. 

CAPLAND ILURO S.L. may withhold reimbursement until it has received the product, reason for withdrawal, or until the customer provides proof of return of the product, depending on which condition is met first.

Return of the defective product 

In the event that the product is not in good condition and the causes attributable to this are not the result of the customer, the customer will be entitled to return the product, informing CAPLAND ILURO S.L. of the reason for return through any of the means provided in these conditions of contract, and at no cost to the customer. This return due to a defect or poor condition of the product will not be considered a right of withdrawal. 

CAPLAND ILURO S.L. undertakes to assume the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale. 

If the client wishes to file a complaint, the CAPLAND ILURO S.L. establishment is located at CALLE CAMI CA LA MADRONA 16 PLANTA 1 PUERTA 2 08034, BARCELONA or via email INFO@TOPHATS.ES . 

Jurisdiction 

Also, CAPLAND ILURO S.L. reserves the right to file civil or criminal actions it deems appropriate for the misuse of its website and content or for breach of these conditions.

The relationship between the user and the provider shall be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard. CAPLAND ILURO S.L. is domiciled in BARCELONA, Spain.

LAST UPDATE: June 10, 2021