1. PURPOSE, JURISDICTION AND APPLICABLE LAWS
The general conditions of use regulate the retail sale of products on this website (topgay.com) dedicated to the sale of men's fashion, owned by Denier S.L. (hereinafter, DENIER) whose registered office is C/ Josep Pla, 163, 4th floor, 08020 Barcelona, Spain. CIF B08106015 Tel: +34 933 091 185 and the contact email address is [email protected]. Office hours: Monday to Thursday 6:00 - 15:00 hrs GMT+1. The following general purchase conditions apply to all users who make use of this website and the sales made on this website (topgay.com). By placing an order, you unreservedly accept these general conditions of purchase and all its clauses. Your agreement regarding the general conditions of purchase does not require any handwritten signature on your part, considering that you place an order on the internet. Unless otherwise stated, DENIER's online records are evidence of your orders and payments. Your order will only be taken into account after confirmation of payment by DENIER. The sales contract is made up of the general terms and conditions applicable during the order and the purchase of the order. The contract is subject to Spanish law and the language of the contract is Spanish. You can modify your data before making your purchase. Any dispute arising from the interpretation or performance that may arise with respect to the validity, interpretation, performance or termination of this agreement will be submitted to the jurisdiction of the consumer courts. DENIER will file the electronic documents in which the contract will be formalized.
2. PERSONAL DATA
3. PURCHASE PROCESS
The purchase process on our website is very simple and consists of a few steps. FIRST: it is necessary to register on our website to buy products. To do this, you must fill out the registration form. Create an account with your personal data and your address. Your username will be your email and you can choose your own password. SECOND: once you have logged in with your username and password, you will be able to add products to your cart. Once you have all the products you want to buy in the cart, proceed to make the payment to confirm your purchase. THIRD: DENIER will send an email to the user within a maximum period of 24 hours, confirming the purchase. An order reference number will be assigned and sent within the email, which will also detail the characteristics of the product, the price and the shipping costs. Once we ship your order, you will receive a notification email that will include the tracking link through which you can check the shipping status of your order. FOURTH: the order confirmation sent via email by DENIER is not a valid invoice, it is only proof of purchase. You will find the invoice within your profile or you can request it simply by sending an email to [email protected]. As an alternative to placing an order and should you prefer it that way, you can also contact our customer service department at the telephone numbers indicated on our web page to place your order by phone. DENIER provides information (photos, texts and content) as accurate as possible on the website. DENIER cannot guarantee the absence of inaccuracies or differences resulting from the nature of the internet and the configuration of your computer or your browser. For any request and verification, we invite you to contact us directly.
4. OFFERS, PROMOTIONS AND GIFTS
We carry out various and different offers and promotions on our website. Keep in mind that the offers and promotions are not cumulative with each other, including promotional discount coupons, affiliate coupons and any other coupon associated with a promotion or discount. The coupons that can be combined with other offers and promotions are those of the gift cards and those provided by our staff due to an exchange or return. Only one promotion can be used for each order placed. In the event that a promotion is in force that requires entering a discount coupon code, and the customer does not enter it at the time of placing the order for whatever reason, unfortunately we will not be able to apply that discount later. In order to enjoy the offers and promotions that require a discount coupon, the customer must ALWAYS enter the code during the payment process at the time of placing the order. Before the payment process, we will offer you a selection of gift products based on the total amount of your order. You can add them to the basket at no cost. The gift products are independent of the promotions and the selection of products to choose varies depending on the total amount of the order, regardless of whether the order has an associated discount coupon or not. DENIER reserves the right to modify, change or cancel the selection of gift products offered as well as the total order amount necessary to obtain them. If a customer requests the cancellation or return of an order which included a gift, then the gift must be returned - or the value of the gift will then be deducted from the total amount of the return that is made.
5. GIFT CARD
DENIER makes gift cards available to customers that they can purchase to send to friends and family. The gift card can be purchased in a version to print at home or send it to an email of your choice on the date you choose, and more options that you can choose from when adding the gift card to your cart. It can only be used to pay for your purchases on our website topgay.com. Gift cards are cumulative with each other. To use it, the customer must enter the code indicated on the gift card during the payment process so that the discount is applied. The gift card is valid for one year from its issuance, and is non-refundable and non-cancelable. It can be used within the limits of its value or completed with another means of payment in case the purchase is higher than its value.
The prices of the products listed include VAT unless otherwise indicated, but excluding shipping costs and customs duties (if applicable). The client can choose to show the prices in another currency of his choice, among those available to him. The total price, including taxes and shipping costs, will be visible in the summary of the final purchase. We inform you that we are not responsible for import taxes or tariffs that some countries apply to the entry of foreign shipments. These expenses are borne by the customer. The prices indicated on the website may be modified at any time. The prices invoiced are those applicable during the order. Promotional offers are valid during the periods indicated on the website All items shown on the website are subject to confirmation of the order by DENIER.
7. PAYMENT METHODS
The payment methods accepted by DENIER and available on this website are the following: - Debit / Credit Card (through the payment gateways of our payment system providers, totally secure). - Wire transfer - PayPal - Bizum (only available in Spain) Accepted bank cards are VISA, MASTERCARD and AMERICAN EXPRESS. If the customer makes the payment by bank transfer, we will start processing the order once the payment is received.
To guarantee the best quality of service and the best delivery time, the shipment is made through the collaboration of DENIER with several leading logistics operators in the market in their sector. The logistics operator will depend on the country of the delivery address. You can modify, cancel or refund the order as long as it has not left our warehouses and has not already been shipped. If it has already been sent, we will not be able to modify or cancel it. In this case, a refund must be made. The products purchased through our online store will be sent to the delivery address indicated by the user (either an address or a collection point) once the payment has been verified and received. Orders take 1 - 3 working days to be processed. Thereafter, shipping will take on average 2 - 3 days for many destinations. Since we are dispatching from Spain, please note that longer-distance deliveries such as to USA, Australia, New Zealand and Asia may take a few days longer. Custom clearance in certain countries may delay deliveries. This period includes only working days, excluding Saturdays, Sundays and holidays.
On our website we indicate an estimated delivery date, in the product page, before confirming the order, and in the "My account" section once you have placed the order. If you pay for your order by bank transfer, the estimated delivery date will change when we receive payment confirmation and we start preparing the order. We will send you an email with the new estimated delivery date. This date is approximate according to the usual average delivery times, but there may be exceptional events such as weather incidents, service interruptions, customs delays, etc. So keep in mind that the date is an estimated indication and that sometimes it may not be fulfilled, in most cases for reasons beyond our control.
The maximum delivery period is 1 month. Delivery time may vary in case of external events such as extreme weather, traffic jams, etc. The availability indicated on the website is indicative and does not guarantee the delivery of your order. Orders will not be processed at post office boxes, hotels or other non-permanent addresses (except for orders where we offer the possibility for the customer to choose a collection point through the web application). We prepare and ship orders from Monday to Thursday. The cost of shipping is free on all orders from the CEE, and also free for the rest of the world on orders over +100€ (or the equivalent in another currency). In the event that the order does not reach the minimum of €100 to get free shipping, the shipping cost will be €20. DENIER is not responsible for tariffs and customs expenses that the order may incur. The total amount of the order does not include tariffs or customs charges, these vary from one country to another and it is the buyer's responsibility to be informed and know the tariffs and charges of their customs. If the order is refused and/or abandoned by the customer due to customs fees and charges, we will not provide a refund in any case. In the case of certain products, such as fragrances, certain restrictions may apply and it is not possible to ship them to countries outside the European Union.
9. EXCHANGES AND RETURNS
If you need to return a product, you can consult the "Changes and returns" page where the necessary steps to make the return are explained in detail. Once we have received your return request, we will contact you within 1-2 business days.
In accordance with the law, the term to change or refund the purchase is 14 calendar days from the date of delivery of the order. When the 14-day period expires on a Saturday, Sunday or holiday, it is extended until the next business day. Products in the "Outlet" category that have a reduced price are excluded and cannot be returned under any circumstances.
Purchase cannot be returned or refunded after 14 days of receipt. All customers will assume the costs of returning the items, except for issues of product or material quality.
Returns will be carried out by the means that our staff will indicate when you contact them to make the return. Scrupulously respect the procedure transmitted by our staff. Products must be returned in their original packaging, unused and unwashed, and must also bear the corresponding original labels.
The customer is responsible for the products and items until they are returned to us, and must be responsible for their correct packaging when making the return so that they are not damaged in transport. In order to be reimbursed, receipt of your return must be confirmed by DENIER. Once the package with your return arrives at our warehouses and our staff has confirmed that everything is correct, we will proceed with your return.
DENIER will review all damaged, incorrect or defective products that are returned. If we do not believe that the returned product is defective, damaged or incorrect, we reserve the right to re-invoice you and any associated costs. When you want to return your order and it is not due to an error committed by DENIER, we will refund the amount of the product but not the expenses associated with the order, such as transport, collection or packaging. Items must be new and unworn, re-saleable, with no damage or traces of deodorant or makeup, with all tags and in their original packaging. If the items have been used they cannot be returned for hygienic reasons. Certain products cannot be returned due to their nature (such as cockrings, dildos, etc). In the cases that apply, it will be informed and indicated that the return is not possible in the description of the product. If a customer requests the cancellation or return of an order which included a gift, then the gift must be returned - or the value of the gift will then be deducted from the total amount of the return that is made. In the event that it is a return due to a change in size or to buy another product available on our website, you will be reimbursed the total amount of the items or your purchase (not including shipping costs) through a coupon discount redeemable on our website, so you can place a new order with the correct size or the desired products. If, on the other hand, you prefer a refund of your money, we will proceed to make a refund for the total of the items (not including shipping costs). The refund will be made in the same payment method used by the customer for the initial transaction of their order, within 30 days of confirmation of receipt of the return. You have the right to terminate this contract within 14 calendar days without giving cause. To exercise the right of withdrawal, you must notify your decision to withdraw from the contract by means of an unequivocal statement sent by email to [email protected]. There is a model form if required in paragraph B of the Annex at the following site: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2014-3329. We will give you a receipt once received. You must return or send the goods directly to us, without undue delay and in any event within 14 calendar days. The deadline will be met if you return the goods before the end of the period. In the event that you request a refund, we will refund all payments received. We will proceed to make said refunds using the same means of payment used by you for the initial transaction. It is important that you know that different issuers of credit, debit or other cards follow different processes and terms, which operate also with different terms. Although we will refund you immediately (provided the items returned meet the conditions), the refund will be processed to your credit card or credited to your bank account within three business days to two weeks. We recommend that you follow up the refund process with your card issuer.
10. NO SALE
The items offered on this website are intended for the personal and non-commercial use of our customers. Reselling any TOPGAY Website Products without the explicit written consent of TOPGAY is strictly prohibited. Multiple orders from TOPGAY that are considered commercial quantities will not be accepted.
For this purpose, remember that you have an email address / chat / customer service contact form through which we will respond as soon as possible.
12. CUSTOMER SERVICE AND CLAIMS
For any questions, queries, incidents or complaints, the user can send an email to the following address: [email protected]. As a consumer, you can request a claim form from our central offices or download it at the following link: http://www.consum.cat/doc/doc_62342195_2.pdf
13. INTELLECTUAL PROPERTY
All the contents of the website: texts, photographs, graphics, images, icons, technology, software, links and other content, as well as the graphic design and source code, are the intellectual property of DENIER. Therefore, the user is not transferred any right to exploit them beyond what is strictly necessary for the proper use of the site. These rights are registered in the register of intellectual property. The user acknowledges that all the elements of the website and of each of the products, including the information and materials contained therein, the brands, the structure, the selection, the layout and the presentation of the content, and the computer programs used in relationship with them, are protected by intellectual property rights of DENIER or through third parties, and that the General Conditions do not confer any right that is not specifically covered in these intellectual property rights. The total or partial reproduction or representation of the pages, data and all the elements that make up the website by any means or support is prohibited and is considered counterfeiting without the authorization of the rights holders.
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 the services provided through the website. The user will keep his password under his exclusive responsibility in strict and absolute confidentiality, assuming therefore, damages or consequences of any kind that arise from the violation or disclosure of his secret password. For security reasons, the password used to access the services linked to the website can be changed at any time by the user. You agree to notify Denier immediately of any unauthorized use of your password or access by unauthorized third parties. If the user forgets or loses his password, he can generate a new one through the process offered on the website.
15. RESOLUTION FOR ONLINE DISPUTES
Denier does his part in his policy to solve problems. This is why we want to provide you with our best customer service at all times. Please note that, in accordance with article 40 of EU regulation 7/2017, the European Commission provides a platform focused on online dispute resolution that is available at the following link: https://ec.europa .eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN. However, Denier S.L. will decide in each case whether to use that platform to resolve a case or not, since we consider that all problems can and should be resolved outside these channels, so we recommend that you use our customer service for any problem that may have, before resorting to these other means.
DENIER is not responsible for any damages that may result from the incorrect use of this website or any of the websites linked to ours. With regard to links or hyperlinks, we do not assume any responsibility for those that refer to our website.