This agreement regulates the general conditions of purchase of the various products offered on this website by THE TOP DRINKER on behalf of Lidia Espuña Turon NIF nº 43632011E, email: info@thetopdrinker.com
At the time of completing the registration process and purchasing any of our products, the CUSTOMER expressly accepts and agrees to the clauses specified below, as well as the conditions of access and use of our portal and its privacy policy, accessible through the links “Privacy” and “Legal Notice.”
The CLIENT acknowledges having sufficient legal capacity to be contractually bound.
1. PRICES AND TAXES
In consideration for the purchased product, the CUSTOMER expressly agrees to pay The Top Drinker the amounts specified at the time of purchase in the price list established on the website www.thetopdrinker.com for the selected products.
The products offered on this website are subject to Value Added Tax (VAT), which is INCLUDED in the prices listed for each product.
Shipping costs are NOT included in the price of the products. For purchases outside the EU, customs fees are also not included.
Once the product selection is complete, prior to confirming the order and proceeding to payment, the final purchase price will appear on the screen. This will include VAT (Value Added Tax), handling, packaging, and shipping costs, if applicable. These costs will be reflected in the order form at the time of purchase and on the invoice.
Anything not specified in the description as included is not included.
2. PURCHASE PROCEDURE
Purchase orders may only be placed through this website by individuals over 18 years of age and companies.
All our products are detailed individually on the website. The procedure for making and managing your purchase is outlined on the website, and you just need to follow these steps:
- Choose the product you wish to purchase.
- When you select a product, it will be added to your Shopping Cart, and you can choose to continue shopping or process the order.
- To process your order, you must click the “Checkout” button and choose whether you want to log in as a registered user (if you are already a CUSTOMER) or register as a new customer. You must then complete a form with your personal information to complete the purchase process.
- The order will then be verified, detailing the selected items one by one, and calculating the total price.
- You will also need to provide the billing and delivery addresses for your purchase. You can also provide a single address for both billing and delivery.
- Once the process is complete, you will need to check a box to read and accept the terms and conditions of sale.
- The website will provide you with the payment methods you need, depending on the payment method you choose.
- Once you have entered your payment details, you must confirm your order by clicking the “Pay Securely” button.
- Once you click the “Pay Securely” button, the delivery of the products will be processed.
The CUSTOMER is informed that the photographs and descriptions of the products appearing on the website are an approximate representation of the products offered, and therefore may differ from the original. The descriptions and illustrations of the products offered through this website are provided for informational purposes only.
3. AVAILABILITY AND DELIVERY
The products offered by The Top Drinker are available for distribution anywhere in the world.
Orders will be processed once payment has been successfully received.
The products offered by The Top Drinker are always subject to availability, which will be specifically indicated on our website for each product. Therefore, if an item offered is unavailable, the CUSTOMER will be duly informed of its unavailability. Under normal conditions, all products listed on our website are available for delivery within the indicated timeframes.
In cases where, after the order has been placed, the product purchased by the CUSTOMER is out of stock, the CUSTOMER will be duly informed and an alternative product with similar characteristics and equal price and quality will be offered. If, despite this, the CUSTOMER is not interested in accepting the proposed alternative, The Top Drinker will refund the amount already paid and inform the CUSTOMER of the refund procedures and deadlines.
As a general rule, the maximum delivery time will be 2 to 7 days from the moment of purchase and from the moment we confirm payment, all within mainland Spain. These delivery times are approximate and in no way binding on The Top Drinker.
Deliveries will be made on weekdays (Monday to Friday). It is recommended that the CUSTOMER indicate their preferred delivery time when completing the order details in the Order Notes section.
The purchased product will be delivered to the home by the carrier at the address indicated on the order form, and the CUSTOMER must sign for receipt. The CUSTOMER will also be duly informed in the event of an incident or delay in delivery for any reason.
If delivery to the indicated address is not possible due to the recipient’s absence, the carrier will contact the CUSTOMER directly and provide detailed instructions on how to proceed. If delivery is not possible due to an incorrect address, the cost of reshipping the order will be borne by the CUSTOMER. The Top Drinker is not responsible for delays in the delivery of purchased products due to causes attributable to the carrier.
To ensure you are always informed about the progress of your purchase, you will receive an email confirming your order and payment.
Likewise, the CUSTOMER can check the status of their order by sending an email to info@thetopdrinker.com.
4. PAYMENT
The following forms of payment are accepted:
- Credit Card: The transaction is carried out by connecting directly to BBVA through its payment gateway.
- PayPal: Through the various payment methods offered by the platform.
- Apple pay
- Google pay
Once payment is made, you will receive a confirmation email.
The cardholder is responsible for the transaction.
The Top Drinker has no access to your credit card information. All our payment systems are completely secure.
The Top Drinker uses an SSL certificate to assure the CUSTOMER of the server’s authenticity and the encryption of their data, providing proof of communication integrity. With this valid SSL certificate, Internet communications are transmitted in encrypted form. You can trust that the information you send will be received privately and unaltered by the server with which the connection is established. With this system:
- The privacy of the information provided by the CLIENT within the website is guaranteed, protecting the data transmission process between the CLIENT and the server.
- Secure online transactions are offered.
- Confidential information is protected during the data transmission process between the CLIENT and the server, making it impossible to intercept or steal.
- The identity of the company responsible for the website and the name of the issuing identity are displayed, as well as geographic location and certificate validity data, among other details.
Payments are due prior to delivery of the product, so The Top Drinker will not provide the requested product until payment has been received.
The Top Drinker reserves the right to expand payment methods, replace existing ones, and/or temporarily or permanently cancel its services in the event of any payment collection issues.
5. INVOICES
Upon payment and completion of the corresponding order, you will receive an invoice for your purchase at the email address you provided when processing the order.
The CUSTOMER is responsible for confirming receipt of notifications and informing us of any changes to their data. The Top Drinker is exempt from any liability arising from this circumstance.
6. WARRANTY
At The Top Drinker, we strive to provide the highest quality services, although, given the nature of the products, we cannot offer a satisfaction guarantee. If, for any reason, you do not receive the product correctly, you must notify us as soon as possible, indicating the incident. We will try to rectify it as quickly as possible, if the error is verified.
Product details are as indicated in their descriptions. The Top Drinker is not responsible for any possible effects caused by allergic reactions to product components.
7. RETURNS
Returns or exchanges will only be accepted in the event of a manufacturing defect, damage during shipping, or delivery errors. In any case, no more than 14 days must have passed since receipt of the product, and the products must not have been opened. Prior to accepting the return, we will verify that the defect is due to a manufacturing or packaging defect or anomaly, and not due to improper or negligent use, handling, or storage. When returning a product, the packaging provided and the invoice must always be included.
In the event of a return due to a manufacturing or packaging defect, or in the event of an error in the order, the CUSTOMER will be offered, if possible, a replacement product or an alternative at no additional cost and without the CUSTOMER being entitled to any compensation. The costs incurred in shipping the correct order will be borne by The Top Drinker.
In any case, the return will always be subject to prior examination by The Top Drinker of the condition of the returned product and verification that the requirements set forth in these purchase conditions have been met. Once the return is received, and if applicable, we will refund the amount charged within a maximum of 30 days and under the same terms used to make the purchase.
The Top Drinker reserves the right to reject returns reported or sent outside the established timeframe or products that are not in the same condition as when received.
Returns will be processed by sending an email to info@thetopdrinker.com with a description of the reasons and reasons given for the return and a photo of the damage or defect. You must also provide your full name and the order reference number. Once we receive your request, we will process it promptly.
8. RIGHT OF WITHDRAWAL
Regardless of whether you return the products for the reasons stated, you have the right to withdraw from the purchase within 14 calendar days without providing any justification.
The deadline to exercise this right will expire 14 calendar days from the day you acquired physical possession of the products.
To exercise the right of withdrawal, you must notify The Top Drinker, email: info@thetopdrinker.com, of your decision to withdraw from the purchase through an unequivocal statement (for example, by means of a letter sent by post or email).
To comply with the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the corresponding deadline expires.
Consequences of withdrawal:
If you withdraw from the purchase, we will refund all payments made, including shipping costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from the purchase.
We will proceed with the refund using the same payment method you used for the initial transaction; in any case, you will not incur any fees as a result of the refund.
In any case, we may withhold the refund until we have received the products.
Once you have notified us of your withdrawal request, you must return the products to The Top Drinker at the email address: info@thetopdrinker.com, without undue delay and, in any case, no later than 14 calendar days from the date you notify us of your decision to withdraw from the purchase. The deadline will be considered met if you return the products before the deadline has expired.
Returned products must be in perfect condition, unopened, undamaged, deformed, and free of signs of wear, scratches, or stains. You will be responsible for any decrease in the value of the products resulting from handling other than that necessary based on their nature and characteristics.
9. PERFECTION OF THE PURCHASE AND MODIFICATIONS OF THE SERVICES
The purchase will be completed upon payment of the product and the sending of a confirmation email to the CUSTOMER with a description of the purchase made.
The Top Drinker reserves the right to modify, in any way and at any time, the characteristics and conditions of its services, always with the aim of improving them and ensuring that this results in a benefit for the CUSTOMER.
10. OBLIGATIONS OF THE PARTIES
The Top Drinker undertakes to provide the CUSTOMER with the products purchased, applying the utmost diligence in the provision of the service, as well as to ensure the maintenance of the facilities necessary for the operation of the network, having adequate technical and IT equipment for this purpose, as well as managing the logistics, shipping, and delivery operations of the purchase made through the carrier.
The CUSTOMER agrees to use the services made available to them in good faith, without violating any applicable laws or infringing the rights of third parties, and to pay for the selected products in the time and manner established in these purchase conditions and upon receipt at the location indicated for delivery.
The Top Drinker does not guarantee that the availability of the service covered by this contract will be continuous and uninterrupted. It may be temporarily suspended due to circumstances arising from internet network problems, computer failures, or other unforeseen circumstances. Therefore, the CUSTOMER agrees to accept these circumstances within reasonable limits and expressly waives any contractual or extracontractual liability against The Top Drinker for any possible failures, errors, or use of the contracted service.
11. COMMUNICATIONS
All notifications between the parties will preferably be made via email. The CLIENT is responsible for confirming receipt of notifications and for informing The Top Drinker of any changes to their information, and The Top Drinker is exempt from any liability arising from this circumstance. In the event of any significant changes to information, the CLIENT must notify The Top Drinker at the email address indicated on our website.
In compliance with Article 21 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that our commercial communications and information relating to our website and the products offered therein will be sent by email to the email address you provide, always revocable. In any case, you have the option to reject our commercial communications by sending an email to info@thetopdrinker.com with the word “UNSUBSCRIBE” in the subject line.
12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE PURCHASE
The CUSTOMER acknowledges having read and accepted the purchase conditions, legal terms of use, and privacy policy of this website.
The CUSTOMER acknowledges that they have understood all information regarding the products, including delivery information, provided on our website, as well as all the conditions and stipulations contained in this electronic purchase contract. They therefore affirm that these are sufficient to exclude error in the consent of this contract, and therefore accept them fully and expressly.
The CUSTOMER is fully aware that acceptance and execution of this electronic purchase contract will take place by providing their data and clicking the “Pay Securely” button on our website and that it will be completed upon payment for the products.
13. APPLICABLE REGULATIONS
This electronic purchase contract is of a commercial nature and shall be governed by and construed in accordance with Spanish law.
In the event of any discrepancy or dispute between the parties regarding the interpretation, content, or execution of the contract that cannot be resolved by mutual agreement, the parties shall submit to the courts of Barcelona, expressly waiving any other jurisdiction that may apply.
We also provide our clients with the following link to access the European Commission’s official online dispute resolution platform.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
14. PERSONAL DATA
See the Privacy Policy.
ATTENTION: These Purchase Conditions have been updated as of 10/22/2023.
