Terms and conditions

Introduction:

The present General Conditions of Sale, regulate the use of the web site, “https://topholds.com/”, of which Técnicos de Diseños y Espacios S.L. is the owner.

Técnicos de Diseños y Espacios S.L.U , (hereinafter TOP HOLDS) is a Spanish limited liability company registered in the Mercantile Registry of Zamora, Volume 228, Folio 51, Page ZA 5473 1st Inscription and with CIF number B49238389.

The following terms are intended to regulate the relationship between TOP HOLDS and you (hereinafter the Customer), establishing the rights and obligations of all users of TOP HOLDS, in relation to the products and services we offer through our website “https://topholds.com/”.

These Terms are designed to create a legally binding agreement between us, protecting your rights as a customer and our rights as a company.

Please read these Terms and Conditions and our “privacy policy” carefully before confirming your payment to place your order.

By using the “https://topholds.com/” website or placing an order through the website, you acknowledge that you are bound by these Terms and Conditions and our Privacy Policy, so if you do not agree to all of the Terms and Conditions and the Privacy Statement, you should not place an order.

These Conditions are subject to change, so please read them before placing each order.

Definitions

“Online Product Catalog” or “Catalog” – Consists of all merchandise and services available in the Online Store; Catalog items are not necessarily available or in stock at the time an Order is placed and may be changed, substituted or discontinued from time to time at the Company’s discretion.

“Purchase Order” or “Order” – The data message generated by the Customer to request the purchase of a product, and in which the Customer expresses its willingness to purchase such product in the quantity, price, terms and conditions set forth therein.

“Purchase Confirmation” – The data message generated by the Online Store in which the Company expresses its acceptance to fulfill the Order offered by the Customer. The Purchase Confirmation confirms that the Company has sold and the Customer has purchased the relevant items and records the time of purchase.

Order

The fact that you place an order on “https://topholds.com/” is equivalent to the full and entire acceptance of the prices, quantity, terms and general conditions of sale, which will be the only ones applicable to the contract thus concluded.

You agree to only use the https://topholds.com/ website for legally valid inquiries or orders. You also agree to provide us with true and correct e-mail address, postal address and/or other contact information and acknowledge that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through “https://topholds.com/” you guarantee that you are fully authorized to use the payment card, if you choose this payment method. Only persons with the necessary legal capacity to enter into contracts relating to the type of goods and services offered on this website may place orders on “https://topholds.com/”.

To place an order, you must follow the online purchase procedure until payment.

You will then receive an e-mail acknowledging receipt of your order.

Please note that this does not mean that your order has been accepted, as it constitutes an offer you make to us to purchase one or more products. All orders are subject to our acceptance and we will confirm such acceptance by sending you an email confirming that the product(s) are being shipped (the Purchase Confirmation).

The contract for the purchase of products between us (Contract) will only be formed when we send you this Purchase Confirmation.

Only those products listed in the Confirmation of Purchase shall be subject to the Contract. We shall not be obliged to supply you with any other products that may have been ordered until we confirm the shipment of such products to you in a separate Shipping Confirmation.

Availability

Availability of the service: The articles offered through this web site will be available throughout Spain and in the countries of the European Union where we usually ship (consult us).

Product availability: TOP HOLDS will make every effort to please all its customers in the demand for the products. All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on this website. We shall not be liable to you or to any third party for removing any product from this website whether or not such product has been sold, removing or modifying any material or content on the website.

Delivery

TOP HOLDS undertakes to deliver the products in perfect condition to the delivery address you indicate in the order form. Delivery

You may request delivery of the goods to another address and to a different natural person than the one who subscribed the order, as long as the delivery address is located within our shipping area.

If you are not at home, the logistics company will leave a delivery attempt receipt for you to contact the nearest branch office and arrange a delivery time. Finally you will receive your order at the agreed place of delivery.

Please note, however, that we do not deliver on Saturdays, Sundays or holidays.

For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the order shall be deemed to have been delivered at the time of signing for receipt of the order at the agreed delivery address.

If delivery has been impossible on two occasions, our courier service will contact you to notify you which branch office is available for pick-up,

The risks of the products shall be borne by you from the time of delivery. You will acquire ownership of the products when we receive full payment of all amounts due in connection therewith, including shipping charges, or at the time of delivery if delivery occurs at a later time.
If at the time of delivery is appreciated in a visible and clear way, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage in transport or is appreciated, in the same way, an error in the goods received, the Customer must record it on the delivery note and communicate it to the COMPANY, by e-mail to the address info@topholds.com within 24 hours of receipt of the order to be able to urge the return of the product or products affected and thus the replacement by a new one or the refund of the price paid for it.

Orders will not be delivered to P.O. Boxes. TOP HOLDS reserves the right to refuse delivery to a certain area, where it is considered that there is a high probability that the shipment will not be delivered in the best conditions.

Delivery times

You will receive your order within 2-6 full business days,

These time frames are averages, and therefore an estimate. Therefore, it is possible that they may vary due to logistical reasons or force majeure.

If any of the products you require are not currently in stock, shipment may be delayed, but you will always be kept informed.

For large orders you will need to contact us and we will provide you with an approximate delivery date.

If for any reason we are unable to meet the estimated delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, however, that we do not deliver on Saturdays, Sundays and holidays.

Prices

The price of each product will be the one stipulated at any given time on our website, except in case of obvious error. Although we try to ensure that all prices listed on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled. We shall not be obligated to supply you with any product at the incorrect lower price if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price. The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due.

To proceed with the payment, the Customer must follow each and every one of the instructions shown on the corresponding page of the payment process at https://topholds.com/. The payment of the price of the products and the shipping costs can be made by credit or debit card, PayPal, bank transfer and cash on delivery.

The prepayment methods (credit or debit card, PayPal and bank transfer) are subject to checks and authorizations by the issuing entities, but if the payment is not authorized, the order may be rejected. The charge of the price of the products and the costs of the shipping service (if any) will be made at the time of placing the order.cash on delivery payment will be made in cash at the time of receipt of the order and the buyer must ensure as far as possible the exact amount of the order purchased at the time of collection.

Returns

All products purchased at https://topholds.com/ may be returned and refunded. To do so, the customer will have to notify us of the intention to return the product and send it to our warehouse within a maximum period of 14 calendar days from the date of delivery.

1. The returned product must be in perfect condition, with its original labeling, promotional products, and in general everything that is linked to the purchase of said product.
2. The period for exercising the right of withdrawal is 14 calendar days.
3. Returns, unless tare or defect, will only affect the value of the merchandise, and the amount of the corresponding return shipping costs will not be reimbursed. In case the order is returned in its entirety, the shipping costs will be refunded.
4. Returns will be made as soon as possible and, in any case, within 14 calendar days. For its part, TOP HOLDS must reimburse any payment received from the consumer within 14 calendar days from the date on which it was informed of the withdrawal decision. TOP HOLDS may withhold reimbursement of the price until it has received the goods or proof of their return. The refund of the amounts will be made to the same credit card used to pay for the purchase, by bank transfer, or to an account where the holder of the same is the person who placed the order, always taking into account, for the refund, the method of payment used by the customer.
5. Returns and partial cancellations of an order will give rise to partial refunds of the total amount paid for the entire order.
6. Items identified as gifts purchased for the purchase of an order and which are requested to be returned individually will not be subject to the right of return.
7. For promoted products and in case of withdrawal, the amount paid by the customer will be refunded.
8. International taxes are not refundable.

Warranty

All our parts are made of polyurethane so they are virtually indestructible, however if any part is defective it will be replaced at no cost to the customer. To do so, you must send us a photo of the damaged part and box within 24 hours of collection.

All our dams are manufactured in Spain.

Liability and Jurisdiction

TOP HOLDS’ liability in connection with any product purchased from TOP HOLDS is limited to the following http://topholds.com shall be strictly limited, in any case, to the purchase price of such product and shall not be compromised by simple errors or omissions that may have occurred, when all necessary precautions have been taken in the presentation of the products.

TOP HOLDS cannot be held liable for any damage, whatever its nature, whether material, non-material or bodily, that may result from improper use of the products marketed. The same applies to possible modifications made to products by suppliers.

Climbing is a risky sport and even the correct choice, use and maintenance of the product cannot eliminate the risk of injury or even death. The user is responsible for all risks to which he/she is exposed. If you do not accept this responsibility, do not use our products.

TOP HOLDS cannot be held liable by a customer or a third party for indirect damage, operating loss or loss of profit occurring by any means whatsoever even if such damage, loss or loss was foreseeable by TOP HOLDS or if its occurrence had been brought to its attention.

Subject to the provisions of the preceding paragraphs, TOP HOLDS’ liability under these general terms and conditions shall not exceed an amount equal to the sums paid following the transaction at the origin of such liability, whatever the cause or form of the action in question.

TOP HOLDS cannot be held liable for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, interruption of activity or total or partial strike, in particular of postal services and means of transport or communications, flood or fire.

The provisions of this clause shall not affect your statutory rights as a consumer, nor your right to withdraw from the contract.

Disclaimer of warranties and liability

*Exclusion of warranties and liability with respect to access and use of the PORTAL.

topholds.com does not guarantee the availability and continuity of the operation of the PORTAL or those other websites to which a Link has been established. Likewise, Topholds.com shall in no event be liable for any damages that may arise from:

(1) the lack of availability or accessibility to the PORTAL or those other sites to which a Link has been established;

(2) the interruption in the operation of the PORTAL, or of the CONTENTS provided therein, or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation;

(3) the lack of suitability of the PORTAL or of the CONTENTS for the specific needs of the USERS, and

(4) other damages that may be caused by third parties through unauthorized intromissions that affect the PORTAL beyond the control of NutriTienda.com.

Furthermore, topholds.com warns that the quality of the CONTENTS available on the WEBSITE and the use made of them by the USER depends to a large extent on the USER’s hardware and software complying with the technical requirements that may be necessary at the discretion of topholds.com. Such technical requirements may be made clear through the PORTAL or by means of particular communications to the USERS, and must be complied with by the USER. Therefore, NutriTienda.com is not responsible for the impossibility or deficiency in the provision of CONTENTS or the use of the same by USERS in the event that they do not comply with the aforementioned technical requirements.

In order to reduce the risk of introducing viruses on the PORTAL, topholds.com uses virus scanning software to check all Content you enter on the PORTAL. However, topholds.com does not guarantee the absence of viruses or other elements on the WEBSITE introduced by third parties unrelated to topholds.com that may cause alterations in the physical or logical systems of the USERS or in the electronic documents and files stored in their systems. Consequently, topholds.com.com shall in no case be liable for any damages of any kind that may result from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the USERS.

topholds.com adopts various protective measures to protect the PORTAL and the Contents against computer attacks by third parties. However, topholds.com does not guarantee that unauthorized third parties cannot have access to the type of use of the PORTAL by the USER or the conditions, characteristics and circumstances under which such use is made. Consequently, topholds.com shall in no event be liable for any damages that may result from such unauthorized access.

topholds.com advises that in the event that studies, opinions, reports, etc. are made available as CONTENT on the WEBSITE, such CONTENT by topholds.com or third parties is intended only to provide guidance in support of the USER’s activity, included as CONTENT on the WEBSITE, such CONTENT provided by topholds.com or third parties is intended only to provide guidance to support the USER’s activity, and the USER expressly agrees that in no event shall topholds.com assume any liability for any damages that may be caused directly or indirectly by the USER’s use of such CONTENT and the conclusions drawn therefrom.

In any case, topholds.com may deny or limit USERS’ access to the CONTENTS at any time, as well as remove or withdraw the CONTENTS, if in the opinion of topholds.com the provisions of these General Conditions and other legal legends, or the principles that inspire the correct development of the purpose of the PORTAL, are being infringed.

* Disclaimer of warranties and liability in connection with the Links.

In the event that the PORTAL makes available to USERS technical linking devices, directories and search tools that allow USERS to access pages and/or websites belonging to and/or managed by third parties, topholds.com will check the content existing on such pages at the time it establishes a link to them and will do so in the good faith belief that such content complies with applicable law. However, in no event shall topholds.com be responsible for, endorse or make its own the products, services, content, information, data, files and any kind of material on such web pages and does not control and is not responsible for, endorse or make its own any subsequent modifications to such materials. In the event that topholds.com deems it appropriate or is required to do so by court or administrative order, topholds.com will remove links to websites that violate applicable law and/or infringe the rights of third parties.

Use of links

All those who intend to establish a link, hyperlink or link (the “link”) between their website and the PORTAL must obtain prior authorization from topholds.com by submitting a request in the contact section of our website: https://topholds.com/. In the case of obtaining such authorization, the establishment of the link will have to comply with the following requirements:

(1) The establishment of the link may in no case imply any reproduction of the PORTAL, but should only serve to allow access to the PORTAL. Likewise, access through the link may only be made to the home page of the PORTAL (“homepage”), in no case to another page other than this one.

(2) Neither a frame nor a border environment will be created on the Portal.

(3) No false, inaccurate or incorrect statements or indications shall be made about the Portal.

(4) It shall not be stated or implied that topholds.com endorses, recommends, supervises or assumes the CONTENTS or Products and/or Services offered and made available through the web pages to which the link was established, and topholds.com shall not be held liable for any liability that the web page (its managers, owners, etc.) may incur both for the establishment of the link itself to the PORTAL homepage and for the services provided and the CONTENTS made available on said web page.

(5) In any case, the authorization to establish the link shall only imply an authorization to establish the link in accordance with the provisions of this paragraph, and therefore in no case shall it imply, without authorization, the possibility of use or disposal on said Web page where the link was established of intellectual or industrial property rights of topholds.com or of any third party.

In any case, the Web page on which the link is established may not contain distinctive signs that may lead to understand the existence of a relationship of association (not existing) between the services, products and content provided and provided on the Web page and those provided and provided through the PORTAL. Likewise, they may not lead to understand the existence of an association (as it does not exist) between the natural person, legal entity or entity that manages or owns the website and topholds.com or third party providers of CONTENT of the PORTAL.

(6) The website to which the link is established, during the period the link is established, may not make available or provide services or CONTENT that are illicit, fraudulent, contrary to these general terms and conditions, good faith, good customs and the rights of third party providers of CONTENT of the PORTAL or topholds.com.

Industrial and Intellectual Property

The intellectual and industrial property rights over the works, trademarks, logos, and any other subject of protection, contained in the website https://topholds.com/ correspond exclusively to TOP HOLDS or third parties who have authorized their inclusion on the website. The unauthorized reproduction, distribution, commercialization or transformation of such works, trademarks, logos, etc. constitutes an infringement of the intellectual and industrial property rights of TOP HOLDS or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

Likewise, the information to which the Client can access through the web may be protected by industrial, intellectual or other property rights. TOP HOLDS shall not be liable in any case and under no circumstances for any infringement of such rights that you may commit as a user.

The TOP HOLDS® trademark is registered.

PRIVACY POLICY
Responsible for the treatment Identity: TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. CIF: B49238389 Postal address: C/ CHURRUCA, Nº 7, ESC. A, 2º DCHA., C.P. 49030, ZAMORA (ZAMORA) Telephone: 654528678 E-mail: info@topholds.com Activity: MANUFACTURE AND SALE OF SPORTS EQUIPMENT Purpose of data processing and storage  We process the information you provide for the management of contacts for any type of query to TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. as well as for the fulfillment of our services. Your data will be collected exclusively for these purposes and will not be further processed in any way incompatible with these purposes. We will send you communications and information regarding our activities and services that may be of interest to you. No automated decisions will be made based on your profile.  You may revoke your consent at any time.  The data you are providing will be kept for the period of development of the business relationship and / or contract or, failing that, as long as you do not revoke your consent to this treatment and, in any case for the years necessary to comply with legal obligations. Legitimacy for the processing of data  The legal basis for the processing of your data is the consent that you provide us and/or the execution of the contract that aims to provide our services.  In this regard, the withdrawal of your consent cannot condition such execution, as long as the contract remains in force, the processing of your data being necessary for its effective fulfillment. Recipients of your data  There are no plans to communicate personal data to third parties, unless there is a legal obligation or when necessary for the provision of our services and, in any case, complying with the security measures of the regulations in force. No international data transfers are foreseen. What are your rights?  As the owner of the data processed by TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. you have the right at any time to access, rectify, oppose or delete your data. In addition, if you wish, you may request the portability of your data and limitation of their processing, in which case we will only keep them for the exercise or defense of claims. You may revoke your consent at any time.  As a consequence of the application of the right to erasure or opposition to the processing of personal data in the online environment, data subjects have the right to be forgotten according to the case law of the Court of Justice of the EU.  Data subjects may object to the processing of their data for marketing purposes, including profiling.  To exercise these rights, you may contact us by sending a letter, together with valid proof of your identity, such as a photocopy of your ID card or similar document, to the following address: C/ CHURRUCA, Nº 7, ESC. A, 2º DCHA., C.P. 49030, ZAMORA (ZAMORA) , or by e-mail to info@topholds.com, providing a scanned ID card or other proof of identity, and indicating in the subject “DATA PROTECTION”. Through this channel, you can also request the appropriate application forms or models.  You have the right to make any claim you deem appropriate before the Spanish Data Protection Agency (AEPD), through its website www.aepd.es.

LEGAL NOTICE ON DATA PROTECTION

In accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and the Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights, we inform you that on behalf of the company TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. we process the information you provide in order to send you advertising related to our products and services by any means (postal, email or telephone) and invite you to events organized by the company. The data will not be transferred to third parties except in cases where there is a legal obligation or it is necessary for the provision of our services. You can exercise your rights of access, rectification, limitation of processing, deletion, portability and opposition/revocation by sending a letter to C/ CHURRUCA, Nº 7, ESC. A, 2º DCHA., 49030 ZAMORA (ZAMORA), together with a legally valid proof of identity, such as a photocopy of the DNI or through the e-mail info@topholds.com, providing a scanned DNI or other means of proof of identity. You may receive additional detailed information about our Privacy Policy by sending an e-mail to the address provided.

RESPONSIBLE:
TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. CIF
B49238389 ADDRESS
C/ CHURRUCA, Nº 7, ESC. A, 2ND RIGHT. C.P.
49030 LOCALITY
ZAMORA PROVINCE
ZAMORA E-MAIL
info@topholds.com
In accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 and the Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights, we inform you that on behalf of the company we process the information you provide in order to provide you with the requested service and perform the billing of the same. The legal basis for the processing of your data is the consent you give us. The data will not be disclosed to third parties except in cases where there is a legal obligation or where it is necessary for the provision of our services.
You have the right to obtain confirmation as to whether TECNICOS DE DISEÑOS Y ESPACIOS, S.L.U. is processing your personal data, therefore you have the right to access your personal data, rectify inaccurate data, oppose the processing of your data or request its deletion when the data is no longer necessary for the purposes for which it was collected, as well as to request the limitation of the processing of your data by sending a letter to C/ CHURRUCA, Nº 7, ESC. A, 2º DCHA., 49030 ZAMORA (ZAMORA), together with a legally valid proof of identity, such as a photocopy of the DNI or through the e-mail info@topholds.com, providing a scanned DNI or other means of proof of identity.
I also request your acceptance of our Privacy Policy which can be consulted at Topholds.com as well as your authorization to offer you products and services related to those requested and to build customer loyalty”.

You are also informed that there is the possibility of communications through instant messaging systems such as Whatsapp in order to expedite the management of contracted services and inform you about our services, for which your express consent is requested.