These Terms and Conditions govern the use of the online store http://topsmartfurniture.com/, which is legally responsible TOP SILLAS Y MESAS, S.L., hereinafter Top Sillas y Mesas . These Conditions shall be accepted by the parties without reservation, and may be modified at any time and without notice, so it is the responsibility of the user to read them each time you make a purchase, since the conditions in force at the time of conclusion of the contract, will be those that apply.

Applicable regulations

This electronic contract is entered into under Spanish law and specifically under the legal regime imposed by Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and by General Law 03/2014 for the Defense of Consumers and Users (LGDCU).

The electronic contract will not be filed by a third party and the language for its conclusion is Spanish. The present general conditions may be stored and reproduced at any time by the user who makes a purchase through the options of his internet browser, and must be accepted before proceeding to the payment of the order.

User Account and Error Correction

In order to make online purchases in this store, you can register by creating a “User Account”, or make a quick purchase without registration (as a guest user).

If you make the purchase as a guest, the personal data will not be stored on the website, nor will it be possible to check the order history. Personal data will be kept only for the management and delivery of the products ordered.

If you decide to register, you will receive an email confirming that the process has been completed successfully and a reminder of your access data. From your account you will be able to make purchases, check your order history, change your password, modify your personal data, modify your shipping and billing addresses, make comments, and other transactions or formalities related to your purchases.

In addition, at any time, you may access your private account to check personal information and addresses and, if necessary, correct any errors that may have occurred in the entry of data or update the same. Shipping and billing addresses may also be corrected or updated during the checkout process.

You can unsubscribe at any time by sending an email from the address you wish to unsubscribe to info@topsmartfurniture.com, which will lead to the cancellation of your personal data.

In any case, the creation and cancellation of a user account shall be governed by the provisions of the Privacy Policy.

Purchasing Process

Shopping at Top Smart Furniture is easy and simple, just follow the steps below:

1º.- Select the products you wish to purchase from among those offered by Top Smart Furniture. By clicking on each product, you will access its data sheet, which includes a detailed description with information, main features and price. If you need more information, do not hesitate to ask us. NOTE: In the case of product cards with photograph, the products may suffer slight variations in color or texture with respect to the photograph that appears on the web, due to different factors, for example, the resolution of your monitor. However, we will do our best to make the images as true to life as possible.

2º.- Once you have selected the product/s you wish to buy, you must click on the “Add to cart” button, and the product will be added to your shopping cart. If you wish, you can continue adding more products to the cart, or proceed directly to the payment.

3º.- Once the selection of products has been completed, a summary will appear identifying the item/s selected. Finally, to continue with your order, you must click on the “Finalize purchase” button.

4º.- As we have indicated in previous sections, at the end of your purchase, you have the option to register, or make a quick purchase without registration (as a guest user). When registering, you will have to indicate your contact details and address, and in your next purchases you will not have to enter your data again.

5º.- Finally, you must accept the present Conditions of Sale and choose the payment method for your order from among those offered by Top Smart Furniture (see next section).

6º.- Once the purchase process is completed, we will send you an email with the details of the purchase, as well as proof of purchase or invoice. If you do not receive this email within 24 hours, or if you notice any error in the data entered, please contact us by any of the following means:

Calling 954 358 960
Notifying it in the “Contact” section of this web site
Writing to the following e-mail address info@topsmartfurniture.com

You can also request a paper invoice by contacting us within 15 days of purchase, and we will send it to you at no additional cost.

Methods of payment

Top Smart Furniture has several payment methods to make your purchase easier:

• Bank transfer
• Credit or debit card
• Payment in store
• Put me off
• PayPal
• Bizum
• Google Pay
• Apple Pay
• Stripe

Below, we specify the conditions for each of these payment methods.

Bank transfer

Top Smart Furniture offers you the possibility to pay for your order by bank transfer to our bank account:

Banco Santander – IBAN: number ES3400496726972616199181 and SWIFT BSCHESMM

If you choose this payment option, once the order is completed, the necessary information to make the bank transfer will appear on the screen. In addition, we will send you an email with the amount of the order, the concept that you must indicate and the account number. It is important that, at the time of making the transfer, you indicate as a concept the reference of your order, provided by Top Smart Furniture in the email, to expedite the billing and shipment of the order.

Transfers can take up to 48 hours to become effective, please take this into account in the shipping times. Once the payment is confirmed, we will proceed to the invoicing, packing and shipping of the order. If you wish to speed up this process you can send us an email with the receipt to info@topsmartfurniture.com.

Credit or debit card

Payment by credit or debit card is made through the secure payment gateway of Banco Santander. Through this method of payment, Top Sillas y Mesas never collects or manipulates any customer data relating to your card number. All data is processed directly by Banco Santander, so that Top Sillas y Mesas can always offer the greatest security, transparency and confidentiality in the transaction.

The cards currently supported by the payment gateway are Visa, Mastercard and Maestro, in addition to those belonging to the 4B, Red 6000 and Servired networks. If you have any doubts, please contact us and we will be happy to answer any questions you may have.

Store delivery

Top Sillas y Mesas offers you the option of picking up your order at our own facilities, located at C/ Balance, 24 (P. Industrial PISA), 41927 Mairena del Aljarafe – Sevilla.

Terms and conditions of shipment

Shipments will be made to:

• Peninsular Spain
• Balearic Islands
• Canary Islands (after consultation)
• Portugal

The transport service is provided by the parcel companies CBL, Ontime, Ramoneda and TIPSA. The delivery time to your home will be from 3 to 5 days (working days) depending on the destination town.

• Peninsular Spain
• Balearic Islands
• Canary Islands (upon request)
• Portugal

Free shipping on ordersover 400€.

Your order will be delivered by a carrier specialized in furniture delivery. There are three types of delivery:

1. Delivery at street level:

It is the basic option, in which the transport agency deposits the merchandise at street level, no further than the doorway of the address.
1.1 For orders of more than 400€, shipping costs are free.
1.2 For orders of less than 400€, there will be a supplement for shipping costs of 6,90€ (VAT included) for lamps and 10€ (VAT included) for the rest of the products.

There is an exception for very bulky items such as sun loungers, large tables, Balinese beds or similar, where we will contact the customer to confirm the shipping cost.

2. Home delivery:

The transport agency will be in charge of bringing the merchandise to your home and leaving it at the indicated place. This type of delivery does not include the unpacking of the product, the removal of the packaging or the assembly of the products. The supplement for this premium delivery concept is 50,00€ (V.A.T. included).

3. Pick up in store:

The customer is responsible for picking up the order at our facilities free of charge.

The goods are always delivered at street level, and never go up to houses, apartments, attics, stairs, elevators, in the case of shipments to Portugal.

In some cases and depending on the availability of the product (out of stock), our staff will contact you to give you a solution and to inform you of the delivery time once the selected product is available.

The courier company usually delivers during business hours, so if you have a delivery time preference, you can indicate it in the order comment and we will try to comply with it (as far as the route and schedule possibilities of the courier company).

IMPORTANT: We are not responsible for failure or delay of obligations due to causes beyond our control, such as force majeure or acts of God. Although most deliveries are made on time, occasionally, delays may occur due to data transcription errors, inclement weather, dates of high volume of orders, etc.. In such a case, please contact us to resolve the issue as soon as possible. In addition, compliance with deadlines also depends on third parties, so we are not responsible for strikes, closures, accidents or other force majeure that prevent compliance with them.

Prices, taxes, fees and duties

Prices are expressed in Euros, and are valid except for typographical errors. In the event of a manifest error in the pricing that appears on the product sheet, the price established for that product in the informative email that we will provide you when we detect the error will prevail. Top Sillas y Mesas (and Top Smart Furniture) is not obligated to supply products (even if a Shipping Confirmation has been sent) if the pricing error is obvious and unmistakable and could have been reasonably recognized by the customer as an incorrect price.

Prices of Top Smart Furniture products may vary, but (except as set forth above) any changes will not affect orders for which a Shipping Confirmation has already been sent.

The price of the articles includes VAT.

Returns

At Top Sillas y Mesas we want you to be satisfied with your order. Therefore, we provide you with several methods to return an item that may not meet your needs or expectations. Possible cases of return or withdrawal:

A. The product is wrong, has a defect or has been damaged in transit:

We pay great attention to ensure that all our items and shipments are in perfect condition. If, even so, you receive a wrong or defective item, please contact us immediately at pedidos@topsillasymesas.com or call us at 954 358 960. Before opening the product, check that the packaging matches the one requested: color, size, finish, etc. In case of any anomaly, also make an immediate claim, before opening the seal or the packaging.

When the product has been damaged during transport, it is essential that you inform us the same day you receive the goods and note the incident on the delivery note of the carrier.

The products must be returned in a way that they are protected, including them inside a box or protective bag. Top Sillas y Mesas provides the buyer with a transport company for the withdrawal of the goods, completely free of charge. If you wish to return the goods with a transport company other than the one proposed by Top Sillas y Mesas, and the selected transport company offers higher rates, you will have to assume the difference in the cost of transport.

B. Withdrawal:

We do not want you to keep anything you do not like, so you can return an item if it does not meet your expectations. Therefore, in accordance with the provisions of the Consumer Protection Act, and provided that you are a private buyer, you have the right of withdrawal, under which you can return the product, provided that it is not a digital product that has begun downloading.

The exercise of this right of withdrawal must be made within a maximum period of FOURTEEN (14) calendar days from receipt. You must notify us, through the mail info@topsmartfurniture.com, your decision to withdraw from the purchase made (you can use the following model withdrawal form, if you wish).

In order to exercise this right, the product must be in perfect condition and retain the original packaging and all parts. In the event that the products do not arrive in perfect condition Top Sillas y Mesas reserves the right to pay a lower amount on the return, circumstance that will be notified to you.

The refund of the purchase amount will be made once the condition of the goods has been checked, through the same means of payment used in the purchase and, in any case, within a maximum of 14 calendar days from the date of receipt of the request for withdrawal, provided that it is Top Sillas y Mesas who manages the collection of the article. If you return the item through a carrier of your choice, the period of 14 days will begin to run from the time Top Sillas y Mesas has actual knowledge of the shipment of the goods or, failing that, from the receipt of the same.

The return costs arising from the exercise of the right of withdrawal shall be borne by the buyer.

No returns will be accepted for personalized items, or sealed items that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

C. If you have not yet received your order:

If you have not yet received your order and you wish to cancel or modify it, you only have to inform us of the changes you wish to make, without any cost in case your order has not yet been processed.

Return Contact:

*Phone: 954 358 960
*Notification through this web site in the “Contact” section
*Email: info@topsmartfurniture.com

All product returns, together with their original protected packaging, should be sent to the following address: C/ Balance, 24 (Parque Industrial P.I.S.A.), 41927, Mairena del Aljarafe, Sevilla.

Warranties

Except for those which, by their nature, are excluded from the consumer goods warranty regulations, all our products are warranted nationwide against manufacturing defects for private consumers for three years and for professional consumers for one year from the date of purchase (or date of delivery, if later), or one year if the item is not new.

If the defect or lack of conformity arises within the first 6 months from the delivery of the item, whether it is a new or second-hand product, it is presumed that the defect or lack of conformity already existed when the product was invoiced (or delivered, if at a later time), i.e. that there is a defect of origin or factory defect of the product, unless we can prove that the defect or lack of conformity is not of origin but is due, for example, to a misuse or maintenance given by the buyer.

On the other hand, if the defect or lack of conformity arises after the first 6 months and up to 3 years, the presumption that the defect comes from the factory does not exist.

In case of defective product, we may proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, which will be completely free of charge for the buyer (including transportation costs, if any).

Defects and deterioration caused by external events, accidents, wear and tear, use not in accordance with our instructions or those of the manufacturer (incorrect use) or normal wear and tear are therefore excluded from the warranty. Also, products modified or repaired by the customer or any other person not authorized by Top Sillas y Mesas, as well as products that are the subject of a specific contract. In such cases, the consumer shall be responsible for their repair.

By regulation, and in the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that they meet all the requirements expressed below:

1. Conform to the description given and possess the qualities of the product that we have presented to the consumer and user in the form of a sample or model.
2. Are suitable for the uses to which similar products are ordinarily destined.
3. They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.

Conflict resolution

As required by the new European regulations, we inform users of the existence of a European dispute resolution platform for online contracting. Thus, for the resolution of consumer disputes (pursuant to Art. 14.1 of Regulation (EU) 524/2013), the European Commission provides an online dispute resolution platform which is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=ES

Need help?

Contact us at info@topsmartfurniture.com for questions regarding this policy.