General Conditions

This document establishes the conditions governing the use of the website www.topfoams.com (hereinafter the website), , as well as the purchase of the products thereof. By using this page or placing an order through it, you consent to be bound by these conditions: read them carefully and consult any doubts that may arise. This website is owned by DESCANSO VIP, S.L., with registered office at 13179 Pozuelo de Calatrava (Ciudad Real), CM-4174 road, Km. 38,500, contact telephone 926 84 08 58, contact email info@topfoams.com. Hereinafter TopFoams.

These Terms and Conditions bind the user / client with TopFoams at the time of acquisition of any type of product or service through the www.topfoams.com website. All this in accordance with the provisions of article 1.255 of the Civil Code, valid for all purposes at the time the user voluntarily accepts said terms during the purchase process and / or using any of the services offered by www.topfoams.com. These terms and conditions are formulated with the intention of communicating and protecting the rights of users and customers in accordance with Law 7/98 of April 13 on General Contracting Conditions, Law 7/96 of January 15 on the Regulation of Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on Information Services and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the defense of Consumers and Users, Royal Decree 7/2021 and other applicable laws and their implementing regulations.

1.2. Modification of these General Conditions

TopFoams reserves the right to modify totally or partially, unilaterally and without prior notice, these Terms and Conditions, as well as any other conditions of a particular nature that modify, extinguish or leave totally or partially ineffective other parts of the Web that may eventually be established, the configuration, presentation and design of the Web or any of the elements and services that integrate it. Any subsequent access to such modifications to the Website by the user will be considered as an acceptance of them.

1.3. Use of the website

Access to this website is free and does not require prior subscription. The use of this website is subject to the Privacy Policy, the Cookies Policy and the Legal Notice, which the user knows and accepts in full and without any reservation by browsing the portal, using the services offered therein, and / or acquiring the products offered through said means.

The visit or use of the website by you must be done at all times responsibly and in accordance with current legislation, the rules of good faith, and respecting in any case the intellectual and industrial property rights owned by TopFoams.

By using our website and associated services, the user accepts that communications with TopFoams will be mostly electronic. You will be contacted via email or you will be informed through the web www.topfoams.com of all relevant information. The user authorizes TopFoams to use the means of contact available to communicate with him regarding the process of requesting information, sales and after-sales. TopFoams will not provide the data of its users or customers to third parties for purposes other than the correct management of the sale and delivery / collection of the products purchased by its customers.

This page is not intended for minors. By placing an order through this page, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

The Web may make available to users links, banners, buttons, directories and search tools that allow users to access websites belonging to or managed by third parties, that is, linked sites. These links or directories have the sole purpose of facilitating users to search for or access information, content and services available on the Internet. TopFoams does not and cannot control these results, and in particular, that among them appear Internet sites whose contents may be illegal or contrary to morality or good customs. We decline any responsibility for the use of these or the damages they may cause.

As a user of this website, you agree to:

• Make use of this website to make legally valid inquiries or orders and not to place any false or fraudulent order.

• Provide us with truthful and accurate contact information. For the correct processing of any order we will need: shipping address, email address, full name, contact telephone number and / or others that are indicated in the order process. Likewise, you consent that we may use information to contact you (see Privacy Policy section).

• Not to intentionally introduce viruses, Trojan horses, logic bombs or any other harmful or harmful program or material. We will not be liable for any damage resulting from a computer attack, virus or denial of service that may affect your computer or device.

• Not to have unauthorized access to this website or the server on which it is located. You agree not to attack this website by any means.

1.4. Intellectual and Industrial Property

All intellectual and industrial property rights over the content of the Portal (but not limited to: trademarks, trade names, distinctive signs, images, logos, logos, signs, sounds, animations, videos, source code, design, navigation structure, databases, etc.), are owned by TopFoams or third parties, without any of the exploitation rights that exist or may exist over said contents beyond being understood to be transferred to the user. of what is strictly necessary for the correct use of the portal or the services.

2. General Conditions of sale and after-sales

2.1. Geographical scope

The scope of sale of this website is all of mainland Spain and the Balearic Islands.

Information regarding shipments to the Canary Islands, Ceuta, Melilla and Gibraltar will appear on this website when it is marketed for those places and this service is provided.

2.2. Orders

The process is as follows:

• Choice of items and insertion in the Shopping Cart.

• Continue Shopping or Finalize the Purchase once the last of the items in the Order has been selected.

• Introduction of Contact and Shipping data.

• Choice of shipping method.

• Choice of payment method.

• Summary of the Order, in which you can review the items in the cart and modify the quantities if appropriate.

• Completion of the Order by clicking the BUY NOW button.

• Validation of the Payment if it is by card or by any other means of online telematic communication.

The customer will receive an order confirmation email. The amount paid, the method of payment selected, as well as the date of placing the order and its description, will be duly noted in this order confirmation that the customer will receive. Likewise, the payment receipt will be included indicating the amount delivered at the time of signing the order.

In any of the indicated stages, the customer can view all the details of his order, as well as the prices and can correct any data before confirming said order and granting his acceptance to it.

All orders will be understood to have been placed in firm once it has been accepted by TopFoams.

TopFoams reserves the right not to accept firm order(s), in which case the customer will be informed by email to the address provided by him. In this case TopFoams will return to the customer by bank transfer the amount delivered, being canceled the order made without the right to any compensation or compensation.

The order may be cancelled before it leaves our facilities and under the following conditions:

• If it is not manufactured, the amount paid will be paid.

• If it has already been manufactured, we will pay you the amount minus the cost of the fabrics used in its manufacture. To meet delivery deadlines, we are forced to manufacture very fast.

• If the order has already been sent and you do not wish to receive it, in addition to the fabrics used in its manufacture, you may be charged the expenses caused by the shipment of the merchandise and return for rejection of it.

TopFoams reserves ownership of the items until full payment by the customer and full collection by TopFoams. Likewise, TopFoams reserves the right to cancel or reject any order from a customer with whom there is a dispute over the payment of a previous order or who presents a form of payment other than those offered on the Web and that is estimated by TopFoams as "risky".

You agree to receive invoices and credit notes exclusively in electronic form. However, if you require the invoice on physical support (paper) you can notify us through our email info@topfoams.com immediately after having placed the order.

2.3. Products

The www.topfoams.com website offers all the necessary items to make up the complete rest equipment, that is, mattresses, mattress bases, upholstered headboards, pillows and bedding.

TopFoams reserves the right to remove products or content from the website and to modify any material or content thereof.

□ Technical Product Observations

The Stretch Woven Mattress Fabric comes in rolls of 2.20 meters wide, so with it you can make mattresses and other covers of a single piece of fabric up to 2 meters in length, being able to have width as much as the length of the complete roll allows (from 30 to 40 meters). The same feature is applicable to the fabric of waterproof mattresses, since the width measurement of the rolls is also 2.20 meters.

The rest of fabrics, canvases, leathers and velvets come in rolls of 1.40 m. wide, so any cover made of measure greater than 135 cm. wide must be sewn in 2 pieces, with a seam, which is normally placed in the center of the piece longitudinally in rectangular covers of equal or similar size to that of mattresses. This seam does not represent any problem, since it is safe, and it is not noticeable when resting on the mattress or mat manufactured like this.

2.4. Prices

All prices are expressed in euros.

All prices of the associated articles and services include VAT at the current rate.

TopFoams reserves the right to alter the price of the products at any time, being valid for the customer the prices he accepted and validated on the website at the time of making his original purchase, provided that no more than 2 months have elapsed with respect to the date of said purchase.

Prices include the cost of delivery for orders over 50€.

In the event of any typographical or system error, TopFoams reserves the right to cancel the order and inform its customer of what happened, being returned the full value of the payment. TopFoams shall not be obliged to supply any product with an incorrect price, even if the customer has received the order confirmation message.

2.5. Payments

In TopFoams we have several forms of payment. You can choose the one that best suits you. In one of the steps of placing the order, the system will indicate the options available for payment. You just have to choose the payment method you want and follow the instructions.

□ Credit Card

You can make your payment by credit or debit card VISA, 4B, MasterCard or others. The data will be requested in the purchase process. Choosing this option you will connect with a secure VISA Servired server (BBVA payment gateway) to make the payment through the Redsys system.

Payment is made at the time of placing the order. No added costs.

□ Bank Transfer

When indicating this form of payment during the purchase process, we will indicate the bank account number to make the transfer, as well as what you must indicate in the concept of said transfer so that it is easy and agile to associate it with your order.

When we receive the transferred amount (usually takes between 24 and 48 hours, depending on the entities and the time at which the transfer was made), we will activate your order and inform you of all the steps.

Payment is made at a time after placing the order, but before receiving the goods, since the order is not firm until the transfer is made and appears in the bank account of TopFoams. No added costs.

2.6. Shipments and Deliveries

There are different Shipping Methods with different types of associated services and delivery times:

□ Standard Shipping Seur / Express Mail / DHL

• Transport Agency:

• Generalist: Standard Shipping DPD GROUP

• Service:

• Delivery on the ground floor of the home, without entry to the home, without unpacking, or assembly, tasks that must be carried out by the client.

• Cost to be added to the amount of the order:

• It has a cost of €20. Free from 50€ purchase.

• Delivery time from the date of the order:

• From 5 to 9 business days.

Delivery times are estimated and may be altered by the following circumstances (if this happens, we will inform you):

• Personalized or customized orders: in this case we will inform the customer of the delivery time in writing and individually.

• Availability of Articles and/or Materials: Due to lack of availability of certain items there may be a delay in the delivery of your order.

• Specific days of deliveries of the agency in your area: it is possible that the delegations of the transport companies that use TopFoams have specific days of distribution in some area. If this is the case, deliveries will be made on the day of distribution that each delegation has established.

It may be the case that your delivery area is a "conflict zone" cataloged as such by the transport agencies themselves. If this is the case, you will be the one who must pick up the order at the delegation in the area. If you know this circumstance, please inform us as we will not be responsible for the non-delivery of the order or the expenses caused by the transport, which will be borne by you. If the order could not be delivered due to special circumstances of your delivery area and we have not been informed of it by you, you can cancel the order, but the transport costs generated by the return and the upholstery of the products will be borne by you.

Special circumstances of your own home: TopFoams has for sale bulky products that may have difficult access to your farm or your own home. You must inform us of these special circumstances to avoid that, once the product has been sent, it does not have access to your home (either on the farm or in your own home). If TopFoams is not informed of this and the product could not be delivered due to this circumstance, the transport costs of the return of the products and those that have been taken because of the manufacture of the order (upholstery, mattresses, custom or personalized products ...).

The transport company will not make deliveries at height, that is, by facades of the building or by interior courtyards, nor will they use any pulley system to enter the order either in the building or in the dwelling itself. It is the customer's responsibility to check that the items can be installed. It is also the responsibility of the customer to check that the items to be removed (if applicable) can be made without using the façade or interior courtyards.

The order will be given as delivered when you receive it at your home. The reception of the same implies acceptance. Carriers will usually need the signature of the person who receives the order, this being valid to give the order as delivered.

What should I check when I receive my order?

If the Shipping Method is Standard or Express (without home delivery or assembly) as selected at the time of placing the order, when you receive the merchandise you must check:

• That the number of packages coincides with that indicated on the delivery note.

• The packaging does not show any signs of deformation or blow.

• That all items have their corresponding packaging.

If any of these conditions are not met, state it on the delivery note of the carrier and notify us to proceed to solve the incident.

Then you can verify that all the items received fully match what you ordered: article, model, measurements and finishes. If you find any anomaly, you can make a claim by phone or via e-mail to info@topfoams.com, within 48 hours of receiving the order.

If the Shipping Method is Specialized with Home Upload or with Upload and Assembly you must review:

• That all the items received totally match what you ordered: article, model, measurements and finishes.

• That the items are in perfect condition and perfectly placed and installed.

If you find any anomaly, you can make a claim by phone or via e-mail to info@topfoams.com, within 48 hours of receiving the order.

If you have any questions, you can contact us.

What happens if I receive my order in poor condition?

Upon receipt of the order, you have 48 hours to make a claim for products that may have suffered damage caused by transport. To do this, please contact us by phone or through our email info@topfoams.com.

If the incident is due to a manufacturing or material defect, the product has a legal warranty of 3 years.

How can I claim other issues of my order?

By telephone through the numbers that appear on the web or through email also from the web or to the account info@topfoams.com

If my order cannot be taken up the stairs or elevator of my farm or house, who is responsible for the expenses?

You must make sure that the items that make up your order will fit and maneuver well by the stairs of your farm or elevator and also inside your home, since the transport company will NOT make deliveries by facades, patios, or by any other place that is not the access of the farm itself. Similarly, inside your home will not be climbed through windows, patios, or any place that involves any type of risk or the use of pulleys or similar mechanisms.

In this way, the customer must check that the items can be installed in the indicated place, since otherwise the carriers will deliver the merchandise at the door of his home, but they will not upload or assemble it.

If for this reason any type of expense is caused, it will be assumed by the client.

What happens if the order cannot be delivered?

Two attempts will be made at the indicated shipping address. If after these two attempts the delivery is not possible, we will contact you to find a solution. If after 10 days we cannot contact you, we will understand that you wish to withdraw from the contract and we will consider it terminated.

We will refund the price paid as soon as possible setting a maximum period of 30 days to make it. In this case we can deduct from the return the expenses caused by the transport and by the termination of the contract.

It will not be considered a breach of delivery if the order has been delayed at the will of the customer or if we could not locate the buyer with the data he has provided.

2.7. Right of Withdrawal

According to Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the customer has the right to withdraw from the purchase without giving any reason within 14 days of taking physical possession of the property.

Regarding the aforementioned right of withdrawal, you must take into account the following:

• You must notify TopFoams of your decision to withdraw the goods by email to the info@topfoams.com, indicating your name, surname, order number placed and the goods or order subject to withdrawal.

• The customer must deliver the items to TopFoams without delay, in perfect condition and in their original packaging (if the product is not returned in its original packaging, a depreciation will be applied), including all its accessories, within a maximum period of 14 calendar days from the date on which he communicates his decision to withdraw from the contract.

• TopFoams will refund any payment received from the consumer within a maximum period of 14 calendar days from receipt of the goods (by the same means by which the customer had paid for it), except for the shipping costs for the return of the product, which will be borne by the customer, and the costs derived from the depreciation of the product produced for reasons beyond TopFoams and attributable to the customer.

The shipping costs for return caused by withdrawal will be deducted from the amount refundable to the customer and are as follows:

• Mattresses up to the measure of 135cm. width inclusive: 70 €/unit. From the measure of 140cm. inclusive onwards: 100€/unit.

• Wooden or Upholstered Canapé and Upholstered Beds: 100€/unit.

• Bases: 50€/unit.

• Viscoelastic toppers: 40€/unit.

• Pillows, Foam-Rubber Sheets and Custom Products: no possibility of return.

• Upholstery and Auxiliary Bedrooms: 40€/unit.

• OUTLET products: no possibility of return

There will be no right of withdrawal in the following cases:

• Articles of special measures manufactured expressly and/or articles of exact measures.

• Personalized items. All those in which upholstery is chosen.

• Items manufactured expressly following customer specifications.

• Twin mattresses.

• Pillows.

• Bed linen.

• Foam products without cover (plates, backrests, wedges, foams, including viscoelastic) for hygienic reasons.

• Products measuring 160/180/200cm wide, and those 80cm, 100cm, 120cm and 140cm wide and all those measures that are not available on our website.

What happens to mattresses that are returned?

They are donated to associations and NGOs.

2.8. Warranties

What warranty do the products have?

All TopFoams products are guaranteed against any manufacturing defect. The warranty period is 3 years (no article manifests manufacturing defects after that period) according to the provisions of current legislation ( Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws).

In case of manufacturing defects, TopFoams will change the product for another provided that the claim is documented to info@topfoams.com or any other means valid in law, attaching photos or videos of the aforementioned defects. In this case the client will not assume any expenses.

To enforce the warranty of the products, the consumer user must be in possession of the original purchase document and will be applicable exclusively for domestic use of the products. The customer must communicate the lack of conformity to info@topfoams.com. TopFoams may request photos, videos, or other graphic media that allow the study of the product. Thus, depending on the deficiency or anomaly presented, the technical staff of TopFoams will decide if the article is replaced or repaired. If repair is chosen, the product will be removed from the home and returned within a period not exceeding 21 days, not being able to demand an article in substitution or any economic compensation for it.

The guarantee responds to the lack of conformity before any defect or manufacturing defect, covering the costs of travel, transport of the product, materials and labor that are caused to correct the lack of conformity of the product, during the validity of the same.

The Warranty applies only during the period in which the Product has been in the possession and control of the original purchaser. Likewise, the buyer must keep his purchase receipt so that he can present it if requested.

The user declares to know that all the products sold in TopFoams are intended for domestic use. The guarantees offered by TopFoams with respect to its articles are conditioned to its exclusively domestic use. TopFoams is not responsible in any case for possible claims arising from a use other than that for which the article is designed.

What is not covered by the warranty?

The following cases are not considered lack of conformity of the products and, therefore, exempt from warranty:

• Normal wear and tear caused by normal use of the product.

• Stains due to liquids and body fluids, breakage of fabrics and/or handles, etc.

• The obsolescence produced by the appearance of new materials, models and systems in the market.

• The greater sinking or settlement of internal layers in the bed of a sleeper with greater weight than the other (in case of mattresses in which two people sleep) if the mattress has not been turned sporadically following the recommendations for use.

• Defects due to improper use, poor storage, dirt, use of force, damage by water or fire, excessive loads, moisture or stains on the mattress, use of chemicals, or repairs made by third parties.

• The frisado (pilling) of fabrics or upholstery, being a phenomenon inherent to fabrics and merely aesthetic, which does not affect the performance of the article.

• The odors of the mattress during the first days of use after receiving it new, since it is something inherent to the composition of the same and will disappear within a few days with proper ventilation, not being harmful.

• Normal settlement of the inner layers of the mattress corresponding to 20% of the total height of the mattress according to standard UNE-EN 1334:1996. It is a normal phenomenon, a sign of adaptation of the mattress; This settlement does not modify in any way the qualities of comfort and solidity and durability and therefore does not give the right to repair or compensation for it.

• Damage or breakage in foams and / or significant damage to the springs in a mattress by having bent it once unpacked.

• Color changes of foams. Normal phenomenon that does not modify the quality of comfort, material or solidity of the whole.

• Appearance of mold on mattresses, due to weather conditions, humidity, insufficient ventilation of the room, type of base used (hermetic and / or varnished), as well as users with high sweating.

• Loss of firmness of a mattress of up to 20% of the initial values. In these cases no returns will be accepted.

• Damage to the core of latex mattresses due to having been positioned on upholstered bases, canapés with smooth lid, or any other surface that does not allow perspiration. Nor can mattress protectors be used to prevent proper ventilation.

• Moisture stains on viscoelastic mattresses positioned on supports other than a smooth lid or multisheets, such as bathtubs, tatamis, or any other that prevents proper aeration.

• Any incident caused by mattresses positioned on spring bed frames.

• Damage caused by jumping or standing on the mattress.

• Damage or deformations produced in the mattress by a deformed base in poor condition.

• Deterioration derived from improper use, caused by accident or by not observing the recommendations for use and maintenance of the product, as well as those derived from transport or storage on behalf of the customer.

• Damage to an articulated bed frame when sitting, jumping or pressing on a plane of the bed base when it is articulated (it is not prepared for this use; the same in the lid of a folding bed when it is in the open position.

• Minimal "noises" of rubbing in articulated bed frames or folding canapés lids, which are solvable using silicone-based spray to keep the joints of the systems in optimal condition.

• Damage to the opening systems of the canapé or to the lid of the same for having lowered the latter without having the mattress located above.

• Products that present a variation in their measures less than +/- 20mm (tolerance admitted according to European regulations UNE-EN 1334).

• Damage caused to the board of the upholstered bases or the upholstered covers of the canapés due to their incorrect handling or to climb or lean on them without being placed their corresponding mattress on top.

Satisfaction Guarantee

If you are not satisfied with the goods received, you can choose between the refund of the amount paid or the exchange of the products for others of the same nature and measures. The conditions are as follows:

The deadline to exercise the right of withdrawal is 14 calendar days from receipt of your order. In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the contract, except in those cases in which the legislation itself provides and that TopFoams includes in section 2.7 of these conditions. In case of exercising your right of withdrawal, you must notify TopFoams in the mail info@topfoams.com so that we can process it. You must send a photo or graphic support so that we can verify that the order is in perfect condition. The product must be in its original packaging and not have been used. Remember that the transport costs are borne by you in accordance with the applicable regulations and that they are detailed in section 271 of these conditions.

TopFoams extends the term from 14 to 45 days, giving you an exceptional satisfaction guarantee. TopFoams provides you with an additional period of 31 days to make changes to the mattresses received In this case the mattress may be open and have been used. This guarantee will apply from day 1 to 45 days from receipt of your mattress. Remember that here you do not have the possibility to withdraw from the order but to make a change for another product / s of the same nature and size of the website. In this case the costs of the return will be at your expense.

Remember that if you make use of the satisfaction guarantee, the change mattress that we send you will not have the right of withdrawal, even if it is perfectly packaged.

You can try all our mattresses without the plastic that surrounds them for 45 days. If you are not satisfied, you can choose to change the mattress for another model of the same size. The expenses caused by the transport of the return are borne by the customer and are detailed in the section on changes or returns.

3. Applicable Law and Jurisdiction

These General Conditions are governed by Spanish law. In case of dispute or controversy related to the application or interpretation thereof, the parties will submit to the Courts and Tribunals that are territorially competent according to current legislation.

The competent court to resolve any issue related to the use of the website, the services provided and goods supplied to the consumer user by TopFoams will be the one corresponding to the domicile of the consumer user or the one designated by the latter.

The parties agree that any dispute, discrepancy, question or claim resulting from the execution or interpretation of these General Conditions, as well as the relations between the client and the seller, is resolved by arbitration of law, and in a non-presential modality, accepting the procedure established by the Spanish jurisdiction, and by which the arbitration agreed between them will be governed.

In any case, we inform you that you have the right to request the Extrajudicial Resolution of consumer disputes, being able to exercise it through the Online Dispute Resolution, a procedure that can be accessed by clicking on the following link:

ONLINE DISPUTE RESOLUTION