1. INTRODUCTION
1.1 These Terms and Conditions regulate the sale, including registration, of TopiHome products through the website www.topihome.com
1.2 The website www.topihome.com is managed by the company Onda Algoritmica, Nif 516662996, Rua de Baiza, Vila nova de Gaia.
1.3 For the purposes of these Terms and Conditions, the following definitions apply:
a) – “TopiHome.” – The products sold on the website www.topihome.com;
b) – “User” – Any natural person, not a trader, who places an order through the website www.topihome.com;
1.4 The use of the website www.topihome.com and the purchase of TopiHome products presupposes the User’s knowledge, understanding and acceptance of these Terms and Conditions.
2. REGISTRATION ON THE WEBSITE
2.1 To place an order, the User may register in advance by filling in the fields on the form available on the website www.topihome.com. It is also possible to place an order without prior registration.
2.2 From the moment you access your personal account, the User is subject to these Terms and Conditions.
3. TopiHome PRODUCTS
3.1 The website www.topihome.com is aimed at all users who wish to purchase TopiHome products from their home or workplace, 24 hours a day, 7 days a week.
3.2 Information on the characteristics of the products can be found at www.topihome.com.
3.3 TopiHome reserves the right to modify, at any time, the information, product offering, prices, promotions and commercial conditions, presented on the website www.topihome.com.
4. PLACING ORDERS ON THE WEBSITE
4.1 To place an order on www.topihome.com, the User must have an email account and their browser must be configured to accept cookies and pop-ups, which will allow them to enjoy all the browsing conditions of the TopiHome online store.
4.1.1 The User may purchase products online, for which it is necessary to:
a) Find the product(s) they wish to purchase;
b) Add the selected product(s) to the “Shopping Cart”;
c) Register the User’s personal data, which will be integrated into the TopiHome database under the terms set out in the Privacy Policy, including the “Delivery Address”, “Billing Address”, “Payment Method”, telephone number and tax identification number (NIF);
d) Review their order and confirm the order;
4.2 The User will receive an order confirmation email with details regarding the payment method they have selected.
4.3 Your order will be delivered by the logistics operator to the delivery address indicated in the purchase process and with the corresponding detailed invoice.
4.4 By submitting the order form, the User accepts the Terms and Conditions of purchase described on www.topihome.com, as well as the Privacy Policy.
4.5 TopiHome reserves the right not to accept and cancel orders already confirmed in the following situations:
a) The product is not available;
b) Payment is not made using any of the payment options available on the website www.topihome.com;
c) Payment is not confirmed;
d) The billing information is not correct or verifiable;
e) There is an error in the price quote;
f) It is not possible to deliver to the address provided by the User.
5. PRICES
5.1 The prices of the products displayed on the website www.topihome.com include Value Added Tax (VAT). The total VAT payable by the User will be indicated on the invoice to be sent to the User.
5.2 All prices are quoted in Euros (€). Please note that changing the country of delivery may affect prices due to different shipping costs. Customs costs relating to the country of delivery of the order will be borne by the Customer.
5.3 The prices of the products displayed on the website are subject to change. TopiHome reserves the right to change prices without prior notice. The prices displayed at the time of purchase are the prices applied to that purchase.
5.4 If an error is found in the price of the products ordered, TopiHome or the User may, up until the order is dispatched, cancel the order.
5.5 The total price specified at checkout includes taxes of the country of origin.
5.6 The User must pay only the amount specified in the order confirmation.
6. PAYMENT METHODS
6.1 The User may pay for their purchases through:
MBWAY, Multibanco Reference, Multibanco Transfer, Visa
6.2 TopiHome does not accept any other payment method other than those mentioned in the previous point. The User should not attempt to pay by any means other than those specified in the payment methods. If they do so, we cannot be held liable for loss of payment or any other damages that may arise.
7. SHIPPING COSTS
7.1 Outside of Europe, all orders will have an associated shipping cost (€15) which may require the payment of customs costs, depending on the country of delivery.
8. DELIVERY
8.1 TopiHome will send the product(s) ordered by the User, from Monday to Friday, from 11 am to 5 pm, except on public holidays, and on the days and times used by the logistics company, to the delivery address indicated by the User.
8.2 Our delivery service does not include a scheduling option, so the delivery of the order will be made without prior contact by the carrier, and it is necessary to ensure that someone is at the delivery address.
8.3 Delivery is considered made upon signature on the delivery receipt at the agreed address.
9. RIGHT OF FREE TERMINATION
9.1 The User may terminate the contract up to 14 (fourteen) (calendar) days after receipt of the order, provided that:
a) The product(s) have not been used;
b) The product(s) maintain their original characteristics and labels intact;
c) The product(s) are complete. All material accompanying the orders must be returned.
9.2 The User may exercise his/her right of free resolution by sending the Free Resolution form or through any other unequivocal declaration of resolution of the contract, to the email geral@topihome.com.
9.3 The costs of returning the order when exercising the right of free resolution are borne by the customer.
9.4 In case of return, an administrative fee of €1.70 (VAT included) will apply.
9.5 Once the returned product has been received, TopiHome will analyse and confirm the condition of the order and, where applicable, will refund the amounts paid by the User for the order within a maximum period of 15 (fifteen) days, using the same method used to pay for the order.
9.6 If the returned items show signs of use, TopiHome reserves the right not to accept the return and to refuse to refund the same.
9.7 The User should note that, if the return was made for reasons other than the justified existence of a defect or non-conformity of the products ordered, TopiHome will not refund the shipping costs. Therefore, TopiHome will not refund the shipping costs initially borne by the customer for the respective order.
9.8 Please note that these conditions are only valid for orders placed in Portugal. If your order was placed outside of Portugal, please contact us via email geral@topihome.com.
10. CANCELLATIONS AND RETURNS
10.3 If the order has been received after dispatch, the rules set out in the previous chapter regarding the right of free withdrawal will apply.
10.4 TopiHome does not offer direct exchanges. The User may opt for a voucher to exchange their order for another item available on the website, with all costs relating to the new shipment being their responsibility. Please note that orders placed with a voucher and subsequently returned may only receive a new voucher as a refund.
10.5 If the product ordered is found to be defective or otherwise non-compliant, the User may choose to:
a) replace the product;
b) terminate the contract.
10.6 As soon as the User notices a defect or other non-conformity of the product, they must notify us by email at geral@topihome.com, sending supporting photographs.
10.7 As soon as we receive your email, we will contact you to resolve the problem consensually.
10.8 In any of the options exercised by the User, under the terms of 10.6, the respective costs will always be borne by TopiHome.
10.9 We do not accept returns on promotional items. Exchanges only.
10.10 We do not accept returns for orders placed for collection in store. We only accept exchanges.
11. QUALITY
TopiHome does not sell second-hand, defective or substandard products. The main features of each product shown on topihome.com are listed on each product page.
TopiHome will make every effort to ensure that the colours of the products displayed on the website www.topihome.com are as accurate and realistic as possible. However, as computer monitors vary, we cannot guarantee that your monitor will display the exact colours.
12. COMPLAINTS
With the aim of continuously improving the services provided, TopiHome will seek to respond to and resolve complaints submitted by the User within 5 (five) business days, via the email geral@topihome.com.
13. WARRANTY AND AFTER-SALES SERVICES
TopiHome products benefit from the guarantee of conformity provided for in the legislation applicable to the sale of consumer goods.
14. EXCLUSION AND LIMITATION OF LIABILITY
TopiHome does not guarantee the uninterrupted operation of the website www.topihome.com, or any of its features, and the website may be suspended for maintenance, repair or updates.
TopiHome will also not assume any liability for any damages arising directly or indirectly from force majeure situations that prevent TopiHome, in any way, from fulfilling its obligations, namely, strikes, failures in the power grid, telecommunications services or any other services, fires, floods, inability to obtain products, materials or services, breakdowns, delays by suppliers or carriers and changes in legislation or administrative regulations.
TopiHome is not responsible for any abusive use of the User’s access data to the website by third parties, as they are personal and non-transferable.
15. MODIFICATION OF TERMS AND CONDITIONS
TopiHome reserves the right to change these Terms and Conditions at any time, considering the changes made and users notified by publishing the modified Terms and Conditions on the website www.TopiHome.com.
16. PROCESSING OF PERSONAL DATA
We ask that you read our Privacy Policy carefully so that you can be aware of the rules and procedures adopted by TopiHome regarding the processing of data collected when you browse the website www.TopiHome.com and when you use the features it offers, as well as the applicable security and confidentiality measures.
17. PROOF AND ARCHIVING
Computer records, kept by TopiHome under secure conditions, are considered as proof of communications, orders and payments made between TopiHome and the User.
18. APPLICABLE LAW
These Terms and Conditions and all disputes arising in relation to them, including their validity, the use of the website or any purchase on it shall be governed by Portuguese Law.
19. ONLINE DISPUTE RESOLUTION
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out of court https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Lisbon Consumer Dispute Arbitration Center http://www.centroarbitragemlisboa.pt/
Vale do Ave Consumer Dispute Arbitration Center/Arbitration Court http://www.triave.pt/
CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) http://www.ciab.pt/pt/
CNIACC – National Center for Consumer Dispute Information and Arbitration http://www.arbitragemdeconsumo.org/
Coimbra District Consumer Dispute Arbitration Center http://www.centrodearbitragemdecoimbra.com
Algarve Consumer Dispute Information, Mediation and Arbitration Centre http://www.consumoalgarve.pt
Porto Consumer Information and Arbitration Centre http://www.cicap.pt
European Online Dispute Resolution Platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
20. ELECTRONIC COMPLAINTS BOOK
You can use the Electronic Complaints Book to file a complaint. To do so, simply access the Electronic Complaints Book platform.
21. VALIDITY OF PROMOTIONS
The offers on the website are only valid for the time they are displayed on the website, unless otherwise stated on the website.