The general conditions regulate the retail of products present on this website owned by Denier S.L. (hereinafter DENIER) whose registered office address is Calle Josep Pla, 163, 4ª planta, 08020 Barcelona, Spain. CIF B08106015 Tel: +34 933 091 185 and email address contact is [email protected]. Office hours: Monday to Friday, 9:00 - 16:30 hrs.
The retail of products is understood as being conducted from our head office and purchasing via this website constitutes to the acceptance of the general conditions.The contract language is Spanish. You can modify your details prior to making your purchase.
1. SHIPPING POLICY
Products purchased through our web shop will be sent to the delivery address indicated by the user once payment has been checked, the maximum delivery time is 1 month. Denier's delivery service is carried out in collaboration with various top market logistics operators. Orders will not be processed where PO boxes, hotels or where other non permanent addresses are given.
* In some cases, restrictions may apply to certain products like the fragances, and the shipment to countries outside the European Union is not possible.
2. RETURN POLICY
If you need to return a damaged, defective or wrong product, we will absorb the shipping and collection costs.
Josep Pla, 163, 4ª planta
08020 Barcelona, Spain
Tel: +34 933 091 185
DENIER will check all damaged, incorrect or defective products which are returned. If we do not consider that the product returned has a defect, is damaged or is incorrect, we reserve the right of billing you again as well as with any associated cost. The law recognizes the CONSUMERS right to withdraw their purchase during a period of fourteen calendar days from the date after the product is received by the customer. The garments need to be in perfect condition with their corresponding label. Therefore, when you want to return your order during this period, when not being due to a mistake made by DENIER, we will refund the amount of the product but not the expenses associated to the order, such as transport, collection or packaging.
How to proceed with cancellation or refund:
You have the right to withdraw from this contract within 14 calendar days without justification. To exercise the right of withdrawal, you must notify your decision to withdraw from the contract by an unequivocal statement sent by e-mail to [email protected]
You have a model and form if you require it in the paragraph B of the Annex of the following norm https://www.boe.es/diario_boe/txt.php?id=BOE-A-2014-3329. We will give you a receipt.
You must return or send to us the goods directly, without undue delay, and in any case, no later than within 14 calendar days. The deadline shall be fulfilled if you perform the return of the goods before the period has ended. In case of you withdrawing, we will refund all payments received, including delivery charges (with the exception of the additional costs resulting from a different choice of delivery chosen by the client which differs from the least expensive one which we offer) without undue delay and in any case no later than 14 calendar days from the date on which we are reported of your decision to withdraw from this contract. We will proceed to carry out such reimbursements using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise, in any case, you will not incur any costs as a result of the refund.
- Please clearly indicate the reason for the return or exchange so that we can proceed correctly. If the return is meant for a change of model, clearly indicate the new model and color requested, as well as if it is a change in size, please point out the new desired size.
It is important for you to know that different credit, debit or other card issuers follow different processes and terms, operating with different deadlines. Although we will refund immediately (provided that the items returned fulfill the conditions set out below), reimbursement will be processed on your card or paid into your bank account within between three working days and two weeks. We recommend that you track the process of the refund with your card issuing entity.
We accept returns as long as the items are: new and unused, in sellable condition with all tags, with no marks of deodorant or of makeup and within its original packaging. If the items have been worn, they CANNOT be returned for hygienic reasons.
Refunds will be carried out using the original payment method. (Details on how to return your order can be found on the returns page on the customer service section). When returning items on which a discount or offer was applied, the discount or offer will not be applied if it has expired. The items will be returned to TOPGAY at your expense. We recommend that you use certified signed for mail and that you keep proof of shipping, since we cannot accept responsibility for items lost in transit. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of the return of these, depending on which condition is met first.
3. RESALE FORBIDDEN
The orders are intended for the personal, non commercial use of our client. It is strictly prohibited to resell any of TOPGAY products without the express written consent of TOPGAY. Multiple TOPGAY orders which are considered to be commercial quantities will not be accepted.
4. PURCHASING PROCESS
The process of purchasing goods consists of several steps:
FIRST: You need to have signed up in order to buy goods.
SECOND: Once you have a login username and password, you can then select your products.
THIRD: DENIER will send an email to the user in a maximum time frame of 24 hours, confirming the purchase. A purchase reference number will be assigned and sent within the email, which will also detail product features, price and shipping charges.
FOURTH: The order confirmation sent by DENIER is not a valid invoice, it is only proof of purchase. You will find the invoice inside your profile or just by sending an email to [email protected]
5. OFFERS AND PROMOTIONS
Please note sales and promotions are not cumulative. You can only make use of one promotion for each order placed. This excludes gift vouchers.
In case there is a promotion that requires entering the code of a discount coupon and the customer does not enter it at the time of placing the order whatever the reason is, unfortunately we won't be able to apply that discount later. To be able to enjoy offers and promotions that require a discount coupon, the customer must ALWAYS enter the code at the time of ordering.
Prices on products listed include VAT unless otherwise stated. The total price, including taxes and shipping costs will be visible in the final purchase summary.We inform you that we do not take responsibility for taxes or import duties which some countries apply to the entry of foreign shipments.
7. MEANS OF PAYMENT
· Bank wire transfer
Please remember you have available a customer service email address through which we will reply to you promptly.
9. CUSTOMER SERVICE
For any incident or complaint the user may send an email to the following address: [email protected]. s a consumer, you can request a complaint form from our head office or download it on: http://www.consum.cat/doc/doc_62342195_2.pdf
10. INTELLECTUAL PROPERTY
The user acknowledges that all elements of the store and of each of the products, including information and materials contained therein, trademarks, structure, selection, arrangement and presentation of content, and computer programs used in connection with them, are protected by intellectual and property rights of DENIER or through third parties, and that the General Conditions do not confer any rights other than those specifically covered thereof in these rights of intellectual property.
DENIER will facilitate the use of personal passwords to the user who registers as such on the website. These passwords will be used to access services provided through the website. The user shall maintain under his sole responsibility his/her password in strict and absolute confidentiality, assuming therefore damages or consequences of any kind arising from the breach or disclosure of its secrecy. For security reasons, the password used for access of services linked to the website may be modified at any time by the user. The user agrees to notify Denier immediately of any unauthorized use of your password or access by unauthorized parties to it.
12. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish law. Any dispute arising from the interpretation or execution that may arise regarding the validity, interpretation, performance or termination of this contract shall be submitted to the Jurisdiction of the courts of the consumer. DENIER will file the electronic documents in which the contract will be formalized.
13. RESOLUTION FOR ONLINE DISPUTES
Denier is active in its policy for resolving issues.
It is for this that we wish to provide you with our best service in customer care at all times. Please note that according to Article 40 of EU Regulatio 7/2017, the European Commission facilitates a platform focused on the resolution of online disputes which is available on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES. However, Denier S.L. will decide in each case if it uses his platform to give resolution to a case or not, given that we consider all issues can and should be resolved outside of these channels, for which we advise you to please use our customer care service for any issues you may have prior to escalating these via other means.