TERMS AND CONDITIONS
Purchases made through the website www.topfun.com/es/ are managed by the company Top Fun, S.L., (hereinafter, "TopFun") of Spanish nationality, domiciled at C/ Barcelonès s/n nave 4, 08140 de Caldes de Montbui, Barcelona, with tax identification number B59459800, registered in the Mercantile Registry of Barcelona in Volume 39983, Folio 31, Page B7295, with the email address firstname.lastname@example.org.
The acceptance of these General Terms and Conditions (hereinafter “Terms and Conditions”) implies a binding contractual relationship between you and TopFun.
These Terms and Conditions make available the conditions that will govern such contractual relationship that establish the use of the website.
The website www.topfun.com is a Platform where you can buy offroad and cycling products. Official distributor of major brands related to these products.
- USER OBLIGATIONS
In order to buy the products of the website and be able to establish a contractual relationship, you must be at least 16 years of age and have sufficient legal capacity to sign this contract.
You guarantee that the personal data that you provide to TopFun are true and accurate, and you agree to notify any change or modification of the same.
You undertake not to use the content that is available on the website in any way that may constitute a violation of any rule of law or in such a way that said use would threaten public order, morals, commonly accepted customs or the name and image of TopFun and/or its collaborators. TopFun is not responsible in any case for the misuse of the contents of the website.
You are aware and voluntarily accept that the use of the Service takes place, in all cases, under your sole and exclusive responsibility, for which you shall be liable for the damages of any nature that TopFun might suffer as a consequence of breach of any of the obligations to which you are subject by these General Conditions.
- TOPFUN’S RESPONSIBILITIES
Top Fun does not guarantee the functioning of the Internet. The service may not be available or may be limited at any time and for any reason beyond TopFun’s control, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. TopFun is not responsible for data, messages or pages lost or not saved due to performance problems on the Internet service.
In addition to the aforementioned and to the extent permitted by law and, except as otherwise provided in the rest of the General Conditions, in no case TopFun will be liable for personal, accidental, special, direct or indirect, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the website, regardless of the cause of the theory of liability (contractual or extra-contractual, or any other) and even if you have been warned of the possibility of such damages.
TopFun reserves the right to modify the content of the website without prior notice.
In order to buy any product from our website, you will have to register as a User by completing the Registration form that can be found on the Platform. Likewise, you can also register through the social network Facebook or, failing this, purchase products through the Instant Order form, which you will also find on the website. Through the aforementioned forms, you must enter personal information, such as your full name, email address, postal address and date of birth, among others.
You can modify the shipping data or any contact data through the website as long as the product has not been sent and/or processed for shipment.
Regarding each of the items that you can buy through the Platform, you will find a description of it, that is, material of manufacture, composition, utilities, dimensions, weight and the brand of the product, among others.
- PRODUCT PRICE AND PAYMENT
The price of each of the TopFun products will be that indicated in Euros. The amount includes all taxes, except shipping costs.
You can pay the cost for the product through the payment forms provided for that purpose, which will allow you to make the payment by using your debit or credit card, as well as payment through PayPal or Instant Credit payment.
Instant Credit is a payment method that allows you to buy and pay for the order by monthly deferred payments. In case of making the payment through this option, keep in mind that you must accept the Instant Credit Terms and Conditions.
Once you have made the payment, you will receive an email from TopFun in the email account that you have provided for this purpose, informing that the purchase and payment have been made correctly, as well as the list with each of the items you have purchased through our Platform.
If you do not receive the email mentioned in the previous paragraph, please contact TopFun at the following email address: email@example.com.
The sale of the products offered on the website is subject to availability. In case of lack of stock of any of the products selected by you, TopFun reserves the right to cancel the purchase with the corresponding refund of the amount in your favor.
In this sense, TopFun allows you to sign up for a waiting list, so that as soon as TopFun has stock of the product again, we will contact you to inform you of the new product layout.
- SHIPPING AND RETURNS
6.1. Shipping and delivery
You must indicate a postal address where you wish to receive the products purchased on the website. We recommend you to use the postal address where you can ensure that someone can receive the package during working hours, that is, between 9 a.m. and 8 p.m., from Monday to Friday. We inform you that TopFun makes international shipments.
You will receive your order at the postal address provided through the website, in the estimated time based on the type of shipment you request at the time of purchase, but never later than thirty (30) calendar days from the acceptance of your order through the website.
The shipping costs will be calculated according to the shipping destination and will appear on the purchase screen before making the payment for your knowledge. In any case, TopFun offers free shipping for purchases over one hundred euros (100.- €) in the case of private users. This promotion does not apply to companies or legal entities.
TopFun is not responsible, under any circumstances, for errors in the delivery of the product that may arise due to incorrect information provided by you. In the event that this involves a delay in delivery, TopFun will inform you immediately. The costs originated by this circumstance will be at your expense. In this sense, you can check the status of your order at any time through the section "Previous Orders" enabled in your Registered User profile.
In case of having any claim or query regarding the shipment, you can contact TopFun through the email address firstname.lastname@example.org. For its part, TopFun will use all its efforts to meet your request as soon as possible.
If fourteen (14) calendar days have elapsed since the order was confirmed, delivery to the postal address you have given us may not be effective, for reasons attributable to you, we will understand that you have abandoned the order placed.
You have fourteen (14) calendar days to exercise your right of withdrawal in relation to the purchase of products on the Platform. For this, the purchased product must be in perfect conditions, with its original packaging and without any damages and/or trace of use. Otherwise, TopFun may reject your refund request.
You can contact TopFun at the telephone number 902 365 247 before proceeding with the return of the product.
Once exercised the right of withdrawal and after proceeding to the return of the products, if applicable, TopFun will refund the full amount of the purchase in a period of time not exceeding fourteen (14) days from the notification of the exercise of your right of withdrawal, that is, since you communicated with TopFun to inform about the return. In the event that you have not communicated to TopFun your desire to return the item, this term will start at the moment in which TopFun has received the item.
The property and risks of loss of the products purchased through the website will pass to you at the time of delivery of the order. This risk will remain at your charge in case of return, until the product is delivered to TopFun.
The products to be returned should be addressed to the following postal address:
TOP FUN, S.L.
C/ Barcelonès s/n Nave 4
08140 de Caldes de Montbui, Barcelona
In the event that the purchased products are defective for any reason attributable to the company, the expenses arising from such return will be borne by TopFun. Otherwise, the User will assume the shipping costs.
TopFun guarantees that the products comply with the features agreed on the website and that they will be delivered without any defect in relation to its manufacture. Likewise, TopFun guarantees that said products comply with current regulations regarding their manufacture, composition and packaging, among others.
In the event that the product does not meet the conditions in the previous paragraph, TopFun will repair or replace it. To do this, you must notify TopFun the disagreement or malfunction of the product through the form "Claims", enabled for this purpose on the Platform or through the email address email@example.com, and always within thirty (30) days since the damage is known. For its part, TopFun may request information about the product and / or products purchased to verify that the defects are not due to the company, so you must collaborate in this purpose.
For any complaint or claim, you can contact TopFun’s customer service at the telephone number 902 365 247 or, through the form “Claims” that is enabled on the website for this purpose.
TopFun will respond to your request as soon as possible, and never within a period of more than one (1) month from the date that your complaint or claim is filed.
- INTELLECTUAL PROPERTY
Content related to the TopFun’s trademark, website, products, including domains, logos, photographs, drawings or documentation, as well as software, computer programs or any element that could be protected by Intellectual or Industrial Property Rights, that may be accessible for the users, are the property of TopFun or of the third party who has authorized the used thereof, and all the rights of use thereon are expressly reserved.
You may use such material only in the way expressly authorized by TopFun or by those who granted us a license for its use.
Any misuse of the service or its obligations by the user may result, at TopFun’s discretion, in cancellation of user's account or suspension of the service until the incident is resolved, if applicable.
Likewise, the User undertakes to not withdraw, delete, alter, manipulate or in any other way modify:
- All notes, footnotes, indications or symbols that either TopFun or the legitimate holder of the rights incorporate into their properties with regard to Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc).
- Technical devices for protection or identification that may contain the material object of Intellectual or Industrial Property (such as, for example, watermarks, digital fingerprints, etc).
The User recognizes that, by virtue of this General Conditions, TopFun neither assigns nor transfers to the User any right over its Intellectual and/or Industrial Property, or over any properties of third parties. TopFun only authorizes the User to access and use them in accordance with the terms indicated in the present General Conditions.
The User is not authorized to copy, distribute (including by email and internet), transmit, communicate, modify, alter, transform, assign or in any other manner display activities that mean the commercial use of Intellectual and/or Industrial Property, be this partially or totally, without the express consent, granted in writing, of the legitimate holder of the rights of use.
Along these lines, TopFun reserves all rights of Intellectual and/or Industrial Property that correspond to it, including any authorization and/ or license.
TopFun does not grant any other license or authorization of use to the User on the rights of Intellectual and / or Industrial Property other than that expressly detailed in this clause.
TopFun reserves the right to resolve or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding the foregoing, TopFun may take legal action against any use by the User that:
- Does not comply with the present General Conditions;
- Infringes or violates the Intellectual and Industrial Property rights, image rights or other similar rights belonging to the company or to any other legitimate holder; or infringes any applicable regulation.
- DATA PROTECTION
- SEVERABILITY CLAUSE
If any of the clauses of the present General Conditions is deemed to be null and void, and, for any reason, non-applicable, then that clause shall be excluded from the General Conditions, but it shall not affect the validity or application of the remaining clauses.
- APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the Spanish laws. Should any discrepancy arise concerning the interpretation and/or execution of this document, the competent Courts shall be those established by the applicable legal regulations regarding the competent jurisdiction of Consumers and Users.
Likewise, the user will be able to resolve in an amicable way any incidents that could occur during the contractual relationship, through the Platform promoted by the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
- MODIFICATION OF THE CONDITIONS OF USE
TopFun reserves the right to modify the Terms and Conditions established in this document at any time. In case of any change in this document, it will be published on the website and the date of publication will be indicated, in order to distinguish the most recent Terms and Conditions of the previous Terms and Conditions.
Publication date  of  of 2019.