E-COMMERCE

1.- PRELIMINARY PROVISIONS

The service provider is TOP HATS LLORET S.L (hereinafter TOP HATS) domiciled in CAMI CA LA MADRONA 24 1st, 08304, MATARO (BARCELONA) with telephone 931713825 and email INFO@TOPHATS.ES, with CIF B55156640

This document regulates the conditions that govern the acquisition of products offered by TOP HATS through this website.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the user must read the Legal Notice, the Privacy Policy and the Cookies Policy. By using this website, when making and / or requesting the acquisition of products through it, the user consents to be bound by these conditions and by all the aforementioned, so, if you do not agree with all this, you should not Use this website.

TOP HATS reserves the right to modify these purchase conditions without prior notice, being able to change, delete or add both the contents and products offered through it, as well as the way in which these are presented or located on its servers. The user is responsible for consulting these conditions each time he accesses and / or browses this website since those that are in force at the time the product acquisition is requested will be applicable. You can always check and print the updated version by clicking on the "Purchase conditions" link.

Orders can only be made to purchase products without resale. Any resale or distribution of 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 customer with which there may be some difference / controversy in previous orders, or when there are reasonable doubts that may lead us to think that the Customer is violating any of the specified purchase conditions or is participating in any criminal activity.  

2.- COMMON CONDITIONS AND APPLICABLE LEGISLATION

These General Conditions (hereinafter “Conditions”) are governed, among other precepts, by the provisions of Book II of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws and, in particular, by Title III of Book II “Contracts concluded at a distance and outside a commercial establishment” as well as by the other rules applicable to electronic commerce (Law 34/2002 July 11, Services of the Information Society and Electronic Commerce). Before sending the purchase order it is recommended to read these Conditions carefully, print them or save them in order to archive them and expressly accept them by clicking on the corresponding box that you will find in the purchase process.

This contract will enter into force and will take full effect from the moment of acceptance of the client or user.

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 computer means.  

3.- OBLIGATIONS OF THE USER

The access, navigation and use of the website, confers the condition of user, so they accept, since the beginning of navigation, all the Conditions established here.

When placing an order, the user guarantees that he is over 18 years of age and has the legal capacity to enter into binding contracts.

As a user you are obliged to communicate to TOP HATS all the necessary data for the access and use of the services of this website. These must be true, lawful and current, also, you agree that we can use them to contact you if necessary.

It is essential that you provide all the information that we classify as mandatory, since, if we do not, we will not be able to place your order. We will not be liable 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 proper 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.

The website is aimed primarily at users residing in Spain. TOP HATS does not ensure that the website complies with laws of other countries, either totally or partially, TOP HATS declines any responsibility that may arise from such access.

The user may formalize the contract of sale of the desired products in Spanish with TOP HATS.

4.- SECURITY MEASURES

We establish all reasonable mechanisms at our disposal to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed as secure against access by unauthorized receivers and cannot hold us liable for any security breach unless 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, loss, theft, theft or illegitimate access of your username and password, as well as your knowledge by third parties.

5.- CONDITIONS APPLICABLE TO ORDERS

All products offered on this website are sold directly by TOP HATS LLORET S.L with CIF B55156640 and domicile at CAMI CA LA MADRONA 24 1st, 08304, MATARO (BARCELONA).

5.1.- Purchase procedure

The user can browse the website until the desired item is found. Once located, clicking on it will access all the information and detail about the product. You can add the product to the basket by clicking on the “Add to cart” button. You can continue browsing, select more products and add them to the basket, or go to the final purchase space by clicking on the image of the basket where the selected products are indicated.

Once in the shopping cart you can view the list of products you have selected, detailing the unit price, quantity and total price for each item. In this section discount coupons may be applied in case you have them, you must indicate the discount code and click on “OK”. In the detail of the shopping cart you can see the total price to be paid including the corresponding taxes, shipping costs and the discount applied through the discount coupon.

When you have selected and included all the desired products in the basket, and want to proceed with the purchase you must click on "Go through the box". If you are placing an order for the first time with us, you will be asked to enter your information in the “Register” form, you must select the shipping method and payment method, accept the conditions of purchase of the website and the privacy policy , and finally, you can make the payment using the chosen method. In the event that this is a credit card, you will use the payment gateway enabled by TOP HATS and managed through your bank. You must enter the card number, expiration date and security code and click on pay. The user guarantees and is responsible that all the information provided on his card is valid. In the event that the method chosen is PayPal, you will be directed to the PayPal payment gateway.

In the case of a registered user with an active account, you must enter your username or email and password and the system will recognize your data. Once in your account you can continue your purchase and finally confirm the order.

Next, the user will receive an email confirming that TOP HATS has received their order, this will be the order confirmation. You will also be informed by email when your purchase is being sent.

The user acknowledges being aware, at the time of purchase, of certain particular conditions of purchase of the products and that are shown next to the presentation and image of each product on the website, indicating, by way of example, but not exhaustive , and attending to each case: name, price, components, weight, quantity, color, details or characteristics; and recognizes that the realization of the purchase order materializes the full and complete acceptance of the particular conditions of purchase applicable to each case.

5.2.- Offer coverage

The physical delivery zone for these items will be carried out within the scope of the following territory: Peninsular Spain, Canary Islands, Balearic Islands, Ceuta, Melilla, Europe. We also ship to countries outside the European Union.

5.3.- Availability

All orders are subject to product availability and / or that no circumstance or force majeure affects their supply. If there are difficulties in supplying the products or there are no products in stock, TOP HATS undertakes to contact the user and reimburse any amount that could have been paid as an amount.

It is not possible to offer more accurate information about the availability of a product, beyond that shown on the product information page or in other sections of the website. When the order is processed, you will be informed as soon as possible by email if any of the products included in the order is not available. In that case, no amount would be charged for that product.

5.4.- Prices, Payment and security

The prices included in the articles are the final prices, in Euros (€) and include the applicable taxes (VAT). The applicable rate will be the one legally valid at all times.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the user has already received an order confirmation.

Shipping costs are not included in the final prices of the products, as shown on the website. In no case will TOP HATS add additional costs to the price of a product automatically, but only those that the user has voluntarily and freely selected and chosen.

The payment methods accepted are the following:

Credit and debit card: Through the payment gateway enabled by TOP HATS and managed through your bank. You must enter the Card No., expiration date and security code CW2. The User guarantees and is responsible that all the information provided on his card is valid. These data will not be saved or manipulated by TOP HATS, but will be registered directly in the payment gateway of the corresponding financial entity. For greater security, we will use a Secure Electronic Commerce Authentication Service, a system established by Visa / MasterCard / Eurocard, whereby the client is authenticated to his issuing bank and the merchant is authenticated to his acquiring bank.

PayPal: The user will be directed to the PayPal website, where you can make the payment quickly and safely, without sharing financial information with TOP HATS.

TOP HATS uses all means to guarantee the confidentiality and security of the payment data transmitted by the user during transactions through the website.

5.5.- Contract with TOP HATS and order acceptance

The order will not be accepted 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 will not imply that the order has been accepted, as 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 processed. Only at that time will the contract between you and us be formalized, and only for the related items in said shipping confirmation.

5.6.- 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 the that you consider necessary.

After the confirmation it will not be possible to modify or cancel the order through the website, you must contact TOP HATS through the forms provided for it on the website or through the contact data indicated in these conditions. In this case, the order can only be modified or canceled if the item has not entered the shipping phase from our warehouses.

5.7.- Currency and taxes

In accordance with current legislation, all purchases from our website will be subject to VAT. The applicable rate will be the one legally valid at all times.

All prices are shown in euros (€) and should be considered as the final price to be paid by the customer (including VAT or not, depending on the territory of delivery). On shipments to the Canary Islands, the customer upon receipt of the product will bear the costs of customs clearance, as well as the payment of local tax, IGIC or similar. Users of the Canary Islands will be able to access the prices of products without VAT, once they have registered on the website indicating a shipping address for the Canary Islands.

5.8.- Deliveries: types, deadlines and problems

The physical delivery of the acquired goods will be made within the scope of the following territory: Peninsular Spain, Canary Islands, Balearic Islands, Ceuta, Melilla, Europe and the rest of the world.

The physical delivery of the acquired goods will be made to the shipping address that appears in your order request. Home delivery of orders will be made by a logistics operator within normal business hours.

Except for those cases in which there are unforeseen or extraordinary circumstances, the purchase order consisting of the related products 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 the order confirmation.

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

The carrier will send an SMS and / or email to the user to inform them of the approximate date and time of delivery. If it is impossible to deliver the order due to the absence of the user, the order could be returned to the warehouse. However, the carrier would leave a notice indicating the place where the order is located and how to proceed to be delivered again.

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

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for cause not attributable to TOP HATS, TOP HATS will understand that the user wishes to withdraw from the contract and it will be deemed resolved. As a result of the termination of the contract, all payments received from the user will be returned, except for the additional expenses resulting from the user's own choice of a delivery method different from the less expensive modality of ordinary delivery offered by the website , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered 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 it.

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

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

In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery will be understood to be located in the Spanish VAT application territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.

The usual delivery time is 3-4 working days for mainland Spain, the Canary Islands, Balearic Islands, Ceuta and Melilla, and 6-7 working days for the rest of the world. This period may increase in sales periods, Christmas campaigns or in case of customs procedures or other circumstances arising from (for information purposes 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 responsible for the delivery of the product. We are not responsible for any delays that may arise due to any of the reasons mentioned above.

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 verify 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.

Shipping prices and delivery times:

Destination

Delivery time*

Shipping price**

 Spain (Peninsular)

 

2-3 business days

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 Balearic Islands

 

4-5 work days

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 

 Canary Islands

 

4-5 work days

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 Ceuta and Melilla

 

3-5 work days

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 

 Europe

2-4 work days

 

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 International (outside and within the EU)

 

 2-4 work days

Free shipping on orders over € 200. For orders of lower amount, shipping costs according to logistics operator fees. 

 

 

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

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

5.9.- Technical means to correct errors

In case of errors in the introduction of the necessary data to process the purchase request on the website, the user can modify them by contacting TOP HATS through the contact spaces enabled on the website, and, where appropriate, through those authorized to contact customer service, and / or used contact information.

In any case, the user before clicking on "Place order", has access to the cart where their purchase requests are registered and you can make modifications.

Likewise, the user can consult the Legal Notice and / or the Privacy Policy of this website and thus obtain more information on how to exercise his right of rectification in accordance with the provisions of Regulation (EU) 2016/679 regarding the treatment of personal data (GDPR).

5.10.- Return, exchange and refund policy

Right of withdrawal:

The user, as consumer and user, makes a purchase at TOP HATS LLORET S.L. If you are not satisfied with any of the products of your order, you have the right to withdraw from said purchase and request the return.

To communicate your total or partial withdrawal from the purchase of the Product, in accordance with applicable law, you have a maximum period of 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the TOP HATS website. 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 him, other than the carrier, acquired the material possession of the last of the goods that made up the same purchase order. The return made in time will not entail any penalty. However, the Customer must bear the shipping costs.

To exercise this right of withdrawal, the User must notify TOP HATS of their decision, through the contact spaces provided on the website or through INFO@TOPHATS.ES.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that TOP HATS makes available, however, its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication of the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, TOP HATS will reimburse the user for all payments received, including shipping costs (with the exception of the additional costs chosen by the user for the shipping method other than the less expensive mode offered on the website), without undue delay and, in any case, no later than 14 calendar days from the date on which TOP HATS is informed of the decision to withdraw by the User.

TOP HATS will reimburse the user using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the user. TOP HATS may withhold such reimbursement until it has received the products of the purchase, or until the user submits proof of their return, depending on which condition is met first.

The user can return or send the products to TOP HATS:

TOP HATS

CAMI CA LA MADRONA 24 1st, 08304, MATARO (BARCELONA).

The user must return or send the products without undue delay and, in any case, no later than within 14 calendar days from the date on which TOP HATS was informed of the withdrawal decision.

The user acknowledges that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products, resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

The right of withdrawal does not apply to the delivery of:

- Products that do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery, or that were, after delivery, inseparably mixed with other products;

- Products that can deteriorate or expire quickly;

- Sound or video recordings sealed or sealed software, if you had unsealed them after delivery;

- Goods made according to your specifications or clearly customized;

- Digital content that would not have been delivered on a material support if it had consented to execution at the time of delivery and without the withdrawal from that moment being possible

- Daily press, periodicals or magazines with the exception of subscription contracts; Y;

- Alcoholic beverages whose price has been agreed at the time the order is placed and cannot be delivered before 30 days, and whose real value depends on market fluctuations that TOP HATS cannot control.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

5.11.- Return of defective products or shipping error.

These are all those cases in which the user considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, you should contact TOP HATS immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section.

TOP HATS will inform you about how to proceed with the return of the products, and these, once returned, will be examined and the user will be informed, within a reasonable period of time, if applicable, the refund or, where appropriate, the replacement thereof.

The amount paid for those products that are returned due to some defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the user could have incurred to make the return. The refund will be made by the same means of payment that the user used to pay for the purchase.

5.12.- Product warranty

The user, as a consumer, has guarantees on the products that can be acquired through this website, in the terms established by law for each type of product. The term of legal guarantee is established in 2 years from the date that appears on the purchase invoice, or on the delivery note if the delivery is later.

In this way, it is understood that the products are in accordance with the contract provided that: they conform to the description made by TOP HATS and possess the qualities presented therein, are suitable for the uses to which products of the same type are ordinarily destined. ; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the section Returning defective products or shipping error.

The warranty period is two years, although it does not include deficiencies caused by negligence, shock, improper use or improper handling, etc., or materials that are worn out by the use. In the event of a defect caused by misuse, the repair will be billable prior budget.

In those incidents that justify the use of the guarantee, the repair, replacement of the article, reduction or return will be chosen, in the legally established terms. Changes or returns will be made provided that these two conditions are met:

- Prior communication is given to TOP HATS within two months. This step is essential regardless of the reason for the return. You can do so by sending an email to INFO@TOPHATS.ES attaching a copy of the ticket or invoice and order number in the Subject of the email. We will tell you how you can act for the return of the item.

- The item to be returned must be properly packed for return. The packaging must be in perfect condition and keep all its accessories and original instructions in order to be returned.

Failure to comply with the period of two months will not entail the loss of the corresponding sanitation right, the client being responsible, however, for the damages or losses actually caused by the delay of the communication.

Commercial guarantee: manufacturers can offer additional guarantees, the length and duration of which differ according to the products and brands. In this case, and considering the user that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly in front of them during the two years after delivery of said products.

For this, the user must have retained all the information regarding the product warranty. Under Royal Legislative Decree 1/2007, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale under the terms established by it (Article 114), under which:

"The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him of 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, under the aforementioned Article 123 of Royal Legislative Decree 1/2007.

6.- PARTIAL NULLITY

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

7.- MODIFICATION OF PURCHASE CONDITIONS

TOP HATS reserves the right to modify the general conditions of purchase of the TOP HATS LLORET SL website 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.

These changes must be accepted by the user each time you make a purchase through the web, being subject to the purchase terms and conditions in effect at the time the order is placed, unless, by law or at the request of the public authorities, a change must be made to these terms and conditions.

8.- APPLICABLE LAW

This site is located and operates from Spain. All issues related to this site are governed by Spanish laws and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles of conflict of laws being applicable.

In those cases in which the client does not have the status of consumer or user, or who has an address outside of Spain, he will submit to the national Courts and Courts, expressly waiving any other jurisdiction that may correspond to them.

If the user decides to use or consult this site outside of Spain, he must keep in mind that he does so on his own initiative, and that he is responsible for compliance with the relevant laws.

This contract will enter into force and will take full effect from the moment of acceptance of the client or user.

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 computer means.

9.- ONLINE CONFLICT RESOLUTION

Under European consumer regulations, companies established in the European Union that enter into contracts for the sale or purchase of online services (including those that offer their products via email) and online markets established in the Union , must offer on their websites the link to the online dispute resolution platform, through which you can process claims for contracts made online:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The creation and development of the Online Dispute Resolution Platform is set out in Regulation (EU) 524/2013 of the European Parliament and of the Council, to try to offer an online mechanism for presenting disputes between consumers and users established in the Union European in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled through the previous link, the user can send their complaints, claims or other comments that they wish to make.

In addition, TOP HATS has official complaint forms available to consumers and users, being able to request them through the contact information provided and indicated on the web.