The present Terms and Conditions of Sale detailed below determine exclusively the contractual relations between the entire client using the www.top-garden.net website.

Only registered users can make purchases on the website and accept the conditions described below:

GENERAL CONDITIONS:

  1. The prices available already include VAT and can be changed without notice.
  2. Top Garden is not responsible for any errors in the prices published on the website and for the validity of the technical descriptions of the products, as well as the pictures, since this information comes from our suppliers. The information is updated daily to ensure that all of our products have the correct and updated information, thus minimizing any situations of possible errors that may occur.
  3. The availability indicated in the products may change due to possible problems that occurred during the transport and delivery of the order or due to a momentary out of stock, with the customer being informed of these changes via e-mail or via telephone call.
  4. The data collected when registering the customer, are intended exclusively for the processing of any order and respective invoice and will not be provided to third parties.
  5. All names, logos and trademarks displayed on this website are the property of their respective owners.
  6. If the customer does not indicate the VAT number, name and address, an invoice with VAT number 999999990 will be issued in the name of 'Final Consumer'. If you want an invoice with the VAT number, all the mentioned data (VAT, name and address) must be filled in when registering. After the invoice is issued, we will not reissue it.
  7. All products sold by Top Garden have exclusive prices online.
  8. Prices shown on display items in our online store are subject to price change without notice.

 

PAYMENT METHODS:

Top Garden customers have the following payment methods available:

1.     Referência Multibanco

Just go to the nearest ATM or via Homebanking and select the option 'Payment for Purchases/Services', enter the entity, the reference and the amount provided at the time of purchase and also sent via email by Top Garden. Payment must be made after placing the order. If it does not occur within 2 days after placing the order, Top Garden reserves the right to cancel the order. In order to ensure an efficient processing of your order, we advise you to make the payment as soon as possible. 

2.      MBWay

By selecting this payment method, you can pay for your order using your mobile phone number associated with this service. For the order to be successfully placed, payment must be confirmed within a maximum of 5 minutes. After this time limit, the purchase order expires and it will be necessary to repeat the purchase process in order to receive a new notification or contact Top Garden in order to generate a new payment notification.

3.      Payshop

You can pay for your order at any establishment that has the Payshop payment method (kiosks, gas stations, CTT stations, tobacco shops and cafes).

4.      Vivawallet

You can pay for your order using the Vivawallet service. Vivawallet service offers a payment option using your debit/credit card. Cards with VISA, MasterCard, American Express, Diners Club International, Maestro and Discover cards are accepted by this service.

5.      Bank Wire Transfer

Pay your order comfortably via Bank Wire Transfer to the account indicated when ordering. This method may delay the processing of the order since it will only be processed after the transfer has been received in our account.

ORDERS AND PAYMENTS:

  1. Orders are sent via CTT Expresso, CTT, or MRW, depending on the customer's choice at the time of purchase. Shipping is only carried out on working days, and weekends and holidays are not counted for the estimated delivery. Orders are shipped on the same day when payment is made and confirmed by 2:30pm (GMT) on the same day.
  2. Under the terms of Decree-Law no. 7/2004 of 7 January (with the changes conferred by Decree-Law no. 62/2009, of 10 March and Law no. 46/2012, August 29 of Portuguese Law), Top Garden reserves the right to unilaterally cancel any orders, the final price of which is wrong or outdated or whenever there is a programming error, malfunction of Top Garden equipment as well as in the contract proposal reaches its destination in error and the error concerns an essential element of the contract. The customer will be advised of this fact preferably before payment is made, however if the payment has already been made the customer will be fully refunded.
  3. Top Garden reserves the right to cancel orders in which the payment of is not made within 2 working days after the date of placing the orders.
  4. Any offers associated with an ordered product will always be subject to stock confirmation and may be canceled without prior notice.
  5. When shipping to countries outside the European Union and depending on the laws of each country, customs may require payment of taxes to which Top Garden is alien and which will be borne by the customer. The customer must always be responsible for the products ordered, as well as be aware of the laws of his country or state to avoid any penalty or refusal at customs.
  6. Orders sent by Top Garden and that for any reason (absence, wrong address, etc.) have not been delivered to the customer, the customer must make the claim within 6 months after dispatch, otherwise the order will be considered lost and the customer will not be entitled to any credit related to the order. In situations of repaired/damaged products that the customer does not pick up until 6 months after being notified, Top Garden is not responsible for any loss or loss thereof. 
  7. Any changes to the order information, after submission, must be communicated by email. If the shipment has already taken place, additional costs may occur.
  8. Any delay verified in the shipment of the order, given the shipping dates presented, does not give the customer the right to any compensation.
  9. If there is no availability of any product ordered, and after contacting the supplier about the possibility of replacing the missing product, Top Garden will notify the customer if the delivery time or the price of the item changes and the order will only continue after consent given by the customer. Top Garden will be able to propose to the customer the supply of a product of equivalent quality and price, if any, and in this case too, the order will only continue after the consent given by the customer.

 

EXCHANGES, RETURNS AND REFUNDS:

According to Decree Law No. 24/2014 of 14 February stated in the Portuguese Law, the customer has the right to terminate the contract within a maximum period of 14 calendar days after the date of receipt of the order, taking into account that:

Exchanges/returns of products ordered online will only be accepted up to 14 days after the date of receipt of the order, as described in the portuguese legislation that regulates this sector. The returned products must be accompanied by the invoice, manuals, accessories and the original packaging intact and any associated offers, as they were sold and sent to the customer. All returned products must be sealed and the packaging unopened.

  1. The period for exercising the right of free withdrawal expires 14 days from the day following the day on which the customer or a third party appointed by you, other than the carrier, acquires physical possession of the goods.
  2. For the free resolution period to be respected, it is enough that your communication regarding the exercise of the right of free resolution is sent to Top Garden before the end of the resolution period.
  3. The customer must return the goods without undue delay and no later than 14 (fourteen) days from the day he informed Top Garden of the free termination of the contract, considering that it is respected if the customer returns the goods. goods before the expiration of this 14 (fourteen) day period. The goods to be returned must be properly packed and with the original packaging in order to be sent to the following address (PO Box):

Top Garden – Hugo Costa

Apartado 49, Loja CTT Tocha

3061-908 Tocha, Portugal

  1. All refunds will be processed after verifying that the products are in the original condition sent by Top Garden, via Bank Transfer and when possible, using the same payment method. As a rule, banks make the transfer within 1 to 2 business days.
  2. The costs of returning the order will always be fully borne by the customer, regardless of its nature or size, except for the situations referred to in point 11.
  3. Returns of products whose original boxes are damaged, torn, crushed, etc. will not be accepted, in order to ensure that the products arrive at our premises properly accommodated in order to guarantee their resale.
  4. If the product to be returned has any offer, it must also be returned in perfect condition and in its original intact packaging, if this is not the case, Top Garden will discount the value of the product to the amount to be returned to the customer.
  5. Returns of any products (damaged or under warranty) that are sent to our address will not be accepted by Top Garden.
  6. Return or exchange of items after use will not be accepted by Top Garden. The customer will be held responsible for the depreciation of the asset, if the manipulation carried out to inspect the nature, characteristics and functioning of that asset exceeds the manipulation that is usually admitted in a commercial establishment, in which case it is considered that the asset does not meet the conditions for the termination of the contract can be completed and therefore the return or exchange is not accepted by Top Garden.
  7. In case of damaged product (or any missing accessory) occurred during the delivery of the order to the customer, the claim must be communicated to Top Garden within a maximum period of 48 hours in order for insurance to be triggered. After this period, complaints will not be accepted. If the customer finds that the product packaging is torn, open or in poor condition, he must refuse the order and indicate the reason for the refusal on the carrier's transportation bill. If the customer accepts the order and it is in bad condition, he should always mention in the transport guide that the same package was damaged and if he does not do it, the responsibility will be borne by the customer.
  8. If the ordered product is damaged, we will collect it at no cost to the customer, if the damage has been reported via email to [email protected] or through the contact form available on our website, within the maximum deadline 48h after receiving the product. If the malfunction does not occur, the cost of collection and return to the customer will be at your expense.

JURISDICTION:

      In the Ievent of a dispute, Coimbra’s district courts will be competent, renouncing any other legal forum.

 

WARRANTIES AND FAULTS:

The guarantee for all products sold by Top Garden is established exclusively by the manufacturer and assumes their correct use in accordance with their rules of use.

The duration of the warranty may be changed unilaterally by the manufacturer and may also vary depending on the type of product and its use. Damaged equipment that is sent to Top Garden without notice will not be accepted. All requests for technical assistance must be requested through the Contact Form of the website or via email [email protected], through the existing options for this.

  1. The warranty repair period depends exclusively on the manufacturer or the entity designated by him to carry out the repair. Top Garden will not be responsible for any repair period and the customer should contact the official manufacturer/repairer.
  2. In the event of damage within the warranty period, the cost of shipping the damaged product is the responsibility of the customer.
  3. For exchange purposes, only products that are still within the first 14 days after receipt of the order in its original condition, and whose shipment has been previously communicated to Top Garden, will be accepted.
  4. Whenever a malfunction occurs after 14 days, Top Garden will provide all the information (address and telephone) necessary for the customer to establish contact with the manufacturer/representative, thus guaranteeing the customer. It will be necessary to present the invoice issued by Top Garden, as well as any product manuals and accessories, so that the guarantee is correctly validated with the manufacturer/representative.
  5. If the manufacturer of the item purchased at Top Garden does not have a representative or repairer in Portugal or in the country where it was sold, the customer must communicate the shipment to Top Garden, so that we can, with the manufacturer or repairer, broke the warranty, however, it will remain the responsibility of the manufacturer, as indicated in the previous points.
  6. Products sent to Top Garden must be accompanied by the invoice, manuals, accessories and original packaging. In case of confirmation of the fault, within the first 14 days after receipt of the order by the customer, the product will be replaced by an equal one. If the damage is not confirmed, the shipping costs will be entirely the customer's responsibility.

 

APPLIED LEGISLATION:

All purchases made on the website www.top-garden.net are subject to Portuguese law.

In the event of a dispute, the consumer may resort to an Alternative Dispute Resolution Entity such as:

  •  CICAP - Tribunal Arbitral de Consumo

Rua Damião de Góis, 31, Loja 6, 4050-225, Porto - Telefone: 22 550 83 49 Email: [email protected] 

For more information check the Portuguese Consumer Portal: http://www.consumidor.pt/

LEGALITY OF PRODUCTS:

All of our products come from certified hemp plantations and are subject to rigorous tests carried out by the brand and all of them present an almost nonexistent amount of THC and/or none, below the limit allowed by the law established by the European Union (0.2%).

All shipments of our products are accompanied by invoices, labels in portuguese and the respective laboratory analyzes.

All supporting documents for each brand and product may be requested directly by email ([email protected]) or via the Contacts tab.

 

DISCLAIMER OF LIABILITY:

All products that are marketed on our website and all utensils to them, are not for non-smokers or people under the age allowed by law. These products do not treat, diagnose, or cure any disease or condition. Cannabidiol or CBD is a phytocannabinoid found in Agricultural Hemp. CBD is non-psychotropic (for example, it does not result in euphoric states) and has an exemplary safety profile.

 

The present Conditions of Sale detailed below determine exclusively the contractual relations between all the client/user of the www.top-garden.net website, whose headquarters are located at Rua dos Inácios, 177, 3060-673 Cantanhede with the VAT number PT246391120.