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Terms and Conditions

Terms and Conditions of Sale

Introduction

This contractual document shall govern the General Conditions for the purchase of products (hereinafter, the «Conditions») through the website, www.toptrax.net, owned by TOPTRAX S.L., hereinafter, the SELLER, whose contact details also appear in the Legal Notice of this Website.

Acceptance of this document implies that the BUYER:

  • Has read, understands and comprehends what is stated herein.
  • Is a person with sufficient legal capacity to contract.
  • Assumes all obligations set forth herein.

The conditions applicable to the sale of products of TOPTRAX S.L.

By placing your order, you accept to be bound by these conditions.

When placing the order through our website, we will send you a message confirming receipt of said order. We will also inform you about its shipment. It may be modified by both parties, if necessary.

Invoices will be provided. You may obtain a paper copy by contacting us via telephone 910 05 27 94  or by email at toptrax@toptrax.net

In the event of cancellation of the order placed through the website, you must contact us via the telephone number provided above. TOPTRAX S.L. reserves the right to charge the transport costs caused by such cancellation. We reserve the right to make changes to our website, our policies and the terms of these purchase conditions at any time.

Identity of the contracting parties

On the one hand, the SELLER of the products www.toptrax.net contracted by the BUYER is TOPTRAX S.L., with registered office at Calle Mar Tirreno 3, CP. 28830 San Fernando de Henares (Madrid), and customer/user service telephone number 910052794.

And on the other hand, the BUYER, who freely provides their personal data to take part in the agreement, over which they bear full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to the SELLER.

Purpose of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship arising between the SELLER and the BUYER at the time when the latter accepts, during the online contracting process, the corresponding box.

The contractual purchase and sale relationship entails the delivery, in exchange for a determined and publicly displayed price through the website, of a specific product.

Correction of data

When the BUYER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it by email to toptrax@toptrax.net so that TOPTRAX S.L. may correct them as soon as possible.

Force majeure

The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.

Prices and taxes

The prices shown on www.toptrax.net do not include VAT or transport costs and are valid as of today.

TOPTRAX, S.L. reserves the right to modify product prices at any time. These modifications shall not apply to orders already placed and currently being processed, but they shall apply to new orders placed by the customer after the change, as well as to modifications requested by the customer in relation to previous orders.

Descriptions and photographs of the products

The SELLER pays special attention to the correct drafting of the characteristics of the products. Nevertheless, if the customer detects any error, we ask that you send us an e-mail informing us thereof at toptrax@toptrax.net so that we may correct it.

Availability of products and delivery time

We have a delivery service of 24 to 48 hours within mainland Spain.

TOPTRAX SL shall not be responsible for delays in the delivery of goods due to circumstances beyond our control.

Payment methods

For our new customers, the default payment methods assigned are Credit or Debit Card or Bank Transfer, prior to shipment of the goods. For customers located within the Community of Madrid, in addition to the previous payment methods, cash on delivery of the goods is accepted. If you wish a payment method other than the above, you must request it through our telephone number 910052794 from Monday to Friday from 09:15 to 14:00 and from 15:00 to 18:15.

Shipping costs

Shipping costs vary depending on the destination of the order.

Right to cancel the order

Purchases made must be paid at the time the purchase is made.

Likewise, TOPTRAX S.L. reserves the right to cancel any purchase likely to be fraudulent or whose data are inaccurate or show signs of falsity.

Returns and Right of Withdrawal

Our principle is the satisfaction of our customers and the guarantee of the products offered. Therefore, the Customer has 14 calendar days from receipt of the goods to request the return of the product and in compliance with Royal Legislative Decree 1/2007, Revised Text of the General Law for the Protection of Consumers and Users.

The customer has the right to request the return, even when the reasons for it are due to causes beyond the management of TOPTRAX S.L., in which case the customer shall bear the shipping costs arising from such return. The refund of the purchase shall be made, in any case, once the items have been received and after verification of the condition of the goods, within a maximum period of 14 calendar days from the date of communication of the wish to withdraw from the purchase, according to current legislation, and the refund shall be made using the same method in which the purchase was made, except for cash, which shall be refunded by bank transfer. Any shipping costs paid in the initial order are excluded from the refund.

To exercise the right of withdrawal, you must notify us by email to toptrax@toptrax.net of your decision to withdraw from the contract.

The Customer must return, without undue delay and in any case no later than 14 calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline shall be deemed met if you return the goods before that period has ended, sending them to:

For the attention of: TOPTRAX SL, Calle Mar Tirreno, 3 , CP. 28830 San Fernando de Henares, Madrid

In all cases, the products subject to return must be in perfect condition, in their original packaging. They must not have been unsealed, damaged or used. Otherwise, such withdrawal may not be exercised. The returns department will verify that everything is correct and in perfect condition, granting authorization to the Administration Department and notifying the Customer by email.

The following necessary cases for processing returns must be taken into account:


Products not subject to the right of withdrawal:

The right of withdrawal shall not be applicable to contracts relating to:

a) The supply of goods made according to the specifications of the consumer and user or clearly personalized.

b) The supply of goods that may deteriorate or expire rapidly.

c) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

It should be noted that returns that have not been previously communicated to TOPTRAX S.L. or those sent carriage forward will not be accepted.

Product Guarantee

All products shown in our online store are original and legal in our country, and therefore have the corresponding guarantee, quality controls and traceability by the manufacturing laboratories and, where appropriate, authorized distributors of the product.

In the event that any product is defective or arrives damaged, the Customer must notify it as soon as possible to toptrax@toptrax.net or by telephone at 910052794 and will be informed of the procedure to resolve the incident.

Defective product

If you find any anomaly in the product received, you must notify us as soon as possible of the batch number and expiry date thereof, attaching, where necessary, photographs of its condition in order to carry out product traceability.

Transport incidents or incidents in the processing of the order.

We guarantee to provide a solution to any logistical incident that may arise, whether losses, breakages, errors, changes or any anomaly that may affect the order during transport.

In this case, the customer must notify us within a maximum period of 48 hours after receipt of the order in order to process the corresponding claim. If breakage of the box or tampering with the transport packaging is observed, the customer must note it on the transport delivery note upon receipt of the goods.

In case of transport breakage the customer must send us the following photographs in order to make the corresponding claim to the logistics agency:

  • Photograph of the damaged product
  • Photograph of the product in the box showing the packaging and protection thereof
  • External photograph of the box showing the data on the transport label.

In any of the cases in this point (8.1 and 8.2), the product will be replaced free of charge for the customer, once the item(s) have been received and their condition checked

It should be noted that returns that have not been previously communicated to TOPTRAX S.L. or those sent carriage forward will not be accepted.

Applicable legislation and submission to Jurisdiction

Sales made on www.toptrax.net are subject to Spanish legislation. In the event of any dispute that may arise from the interpretation of these general purchase conditions and any possible actions derived from the purchase procedure, TOPTRAX S.L. is subject to the Consumer Arbitration System, recognizing the effectiveness of the awards issued by it. The European Commission offers a platform for alternative dispute resolution, which the customer may access here:

https://ec.europa.eu/consumers/odr

When the parties do not submit to the Consumer Arbitration System, in the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, shall hear the matter shall be those provided by the applicable legal regulations on competent jurisdiction, in which, in the case of final consumers, attention is paid to the place of performance of the obligation or the domicile of the purchasing party.

In the event that the purchasing party acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Madrid

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