Terms & conditions of the service
This contract describes the Terms and conditions of the website service related to the use of any of the services offered on the Topmerca.com page, hereinafter "Topmerca".
1. Liability and limitations
Topmerca is a platform designed for online commerce, where sellers publish their products, therefore, we do not participate directly or indirectly in the commercial transaction carried out, we only act as an intermediary between the seller and the buyer. We try to guarantee by all possible means the successful completion of each of the agreements made between the buyer and seller, however, in compliance with our functions, we cannot be responsible for transactions carried out outside of the Terms and conditions of service detailed in this contract. .
Topmerca will respond civilly for the damages caused as a result of the defective provision of the contracted services or goods, provided that the responsibility is directly attributable to the company, and is not due to force majeure, fortuitous events, willful or negligent actions of the client, its employees, collaborators, or others.
2. Services offered
Topmerca offers the possibility that sellers can publish their products on our website, as well as other services and exclusive tools for professionals. The merchandise that may be available on our platform will be all that fall within these categories:
Technological Accessories
Bags, Luggage and Wallets
Cameras
Cell Phones and Tablets
computing
Confections
Personal care
Decor
sports
Home appliances
Entertainment
Toys
Books and Manuals
Digital media
Furniture
Stationery
Computing Peripherals
Clocks
Clothing
software
Utensils
Vehicles and Mobility
Shoes
3. General conditions of sale
Within Topmerca, there are numerous vendors, who have previously been accepted by us through manual or automated validation. They can publish the products in the allowed categories and have their own Terms and conditions for their sale, so before making any purchase, we suggest you do the following:
- Read carefully the description of the product you want to buy. In case you have any questions, ask all the necessary questions directly to the seller.
- Review the seller's sales policies, since each one can have their own conditions related to the forms of delivery, payments, discounts, guarantees and returns.
- Always check the reputation of the seller and their store to confirm that they are a responsible and suitable seller for your purchase.
- In the event that a seller's Terms of Sale violate Topmerca's Terms and Conditions of Sale, we will consider our guidelines for dispute resolution.
4. Shipping and delivery times
The delivery times indicated on our website are maximum times until delivery to the transport company, and are normally shorter. Remember to take into account the product, the weight and the company in charge of handling the shipment. In the event that, due to force majeure, the deadlines cannot be met, the buyer will be notified, without any liability or compensation being demanded from the seller for this reason.
Shipping costs include handling, packaging and shipping costs.
5. Forms and types of payment
At the time of making the payment, the customer is offered the choice between the different options managed by Topmerca, in order to facilitate and centralize all the payments that the buyer makes when purchasing a product. Once the product is received by the buyer, we proceed to the corresponding payment to the seller from whom the purchase was made. It is essential, as a buyer, once you have received the product, make the seller qualification, since once more than 3 days have passed after the delivery date stipulated by the seller, we will proceed to the corresponding payment to the seller. If the qualification is not received, we will understand that the product has been delivered, and may prevent future claims.
Uso de servicios de terceros para los pagos:
Topmerca does not request or store customer payment information. All payment processes are carried out through payment gateways of recognized prestige, and that have their respective quality, security and privacy standards. Similarly, all communications between the buyer and the seller during the purchase process are encrypted using SSL for greater security.
6. Publication of announcements
Advertisements are always the responsibility of the advertiser and not of us, Topmerca is not responsible for the products published by users.
If an ad is rejected for not complying with these rules, the advertiser can change it to make it acceptable for release. Topmerca reserves the exclusive right to decide whether an advertisement is in accordance with these rules and with its commercial interests.
7. Target audience
The use of the service is aimed at users with legal capacity to enter into contracts, that is, the purchase of products by minors is restricted and can only be carried out by a representative who is already of legal age.
8. Guarantees, exchanges and returns
Each seller has their own Sales Policies, so we suggest you review them well before making any purchase. In the event that the seller does not comply with the established shipping conditions, the buyer may demand the refund of the money, provided that the following is met:
- The shipment is not involved in any accident or force majeure problem.
- The address indicated for shipping is correct and clearly indicated.
- No unsuccessful delivery attempts have been made by the shipping agency.
According to the above, if the buyer wants the money back, he must enter his Control Panel> Tickets> Open ticket and request the money back indicating the corresponding reason.
The buyer may return the objects purchased within a period of seven (7) days from receipt, provided that they are not personalized items. The return must also be requested through the Control Panel > Tickets > Open ticket. The shipping costs for the return and the expenses that may be generated, will be borne by the buyer, provided that the seller does not indicate otherwise.
The items must be returned in their original packaging with all the accessories they contain, in perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the item.
Orders with destinations to the Canary Islands, Ceuta and Melilla:
Orders with the indicated destinations will be invoiced without VAT, being the buyer's responsibility and responsibility to pay the taxes and customs duties that are generated.
9. Restrictions and prohibitions
Prohibited items
In Topmerca the sale of the mentioned articles of the available categories is allowed, however there is a wide range of products that cannot be published, because they violate the law or are harmful to the mental and physical health of consumers. For them none of these prohibited Items for sale is allowed.
Prohibited actions
Sales for the purpose of defrauding customers are punishable by our policies. Likewise, we invite sellers and buyers to maintain a cordial relationship between them. SPAM is prohibited, therefore we invite sellers to publish their product only once, avoiding doing it repeatedly.
10. Website availability
Due to the fact that the Topmerca page is based on a computer system housed in computer equipment that depends on reasonable maintenance work, and that also may be eventually exposed to cases of force majeure (technical difficulties, Internet failures or any other external event to Topmerca), we cannot guarantee the uninterrupted service of the website. We make every effort to manage all data and computer systems through a solid and stable structure, making constant and prudent backup copies of all the information we have stored, however, as they are vulnerable computer systems by their very nature, Topmerca does not assume responsibility in case of errors, technical failures or deletion of any content uploaded by the user.
11. Collection and billing
The creation of a store in Topmerca, as well as the publication of articles is completely free, up to a set number of maximum publications. We only charge for effective sale, and the use of premium services for professional sellers.
Topmerca reserves the right to modify, change, add, or eliminate the current rates, at any time, and any change will be notified to the sellers in advance by email.
12. Intellectual property
The seller is responsible for ensuring that all products and services that are advertised through the platform are original and do not violate any intellectual or industrial property rights of third parties. In the case of legal action by another entity, in relation to any advertisement, the user assumes all responsibility and undertakes to hold Topmerca harmless for any damage or cost.
Likewise, the owner of the platform reserves the right to expel or provisionally suspend those users who have violated or may violate the intellectual or industrial property rights of third parties, in cases in which they are flagrant or a claim has been received from the third with base arguments.
The owners or those who are holders of intellectual property rights can request the removal of advertisements that infringe or violate their rights, by contacting us and attaching the documentation that proves the intellectual property. Topmerca will take the necessary actions to remove and suspend publications that infringe intellectual property.
13. Modification of the conditions
Topmerca may make updates to these Terms and Conditions of Service from time to time, and in the event that there are significant changes to them, we will inform you by publishing the changes through our services or by sending an email. The continuity in the use of the services assumes the acceptance of each of the points irrevocably. The user is solely responsible for constantly reviewing and familiarizing himself with our Terms and Conditions of Service.
