General Terms and Conditions of Sale

1. Parties

The party of the first part, TOT-EM Experience, S.L. (hereinafter, TOT-EM) is a Spanish company, with NIF B87277315, and registered office at C/ Ardemans 66, 28028, Madrid, owner of the platform https://www.tot-em.com/ (hereinafter, the Website), and the party of the second part, the Buyer, understood as any Registered User according to the provisions of the Terms and Conditions of Use, of legal age and with the necessary legal capacity and ability to act, to complete the steps established herein in order to acquire products offered by the Website.

2. Purpose

The purpose of these General Terms and Conditions of Sale is to regulate the acquisition by you as a Registered User of products through the Website, in exchange for an economic consideration that corresponds to the provisions herein.

3. Products

3.1. Product Offer

The Website offers information about all the products for sale, including their characteristics and prices. However, it reserves the right to withdraw, replace, or change the products offered to its customers through its website, by changing the content therein. The products offered by the Website, at any time, will be governed by the Terms and Conditions in force in each case, and as such the company has the right to stop offering access to the aforementioned products, at any point without prior notice.

3.2. Availability

The availability of our products may vary according to customer demand. Our stock is updated periodically, but this does not enable us to guarantee that the product you have selected is not sold out. If this occurs, we will notify you by email of our inability to fulfil your order.

4. Purchasing Process Overview

The purchasing process can be carried out through the Website, by identifying yourself as a Registered User.

To purchase any of the products available in the catalogue, the User must choose those which are of interest to them, by selecting the option "Add to Basket". The selected products will be automatically available to the User in their shopping basket.

Next, the User must:

a. Once the User has verified that the products in their basket correspond to the selection made, to proceed with the order, they must select the desired personalisation option, if applicable. 

b. To personalise an item, the data required for each option (coordinates, date, audio file, voice message recorded in real time, etc.) must then be entered. More information on the processing of such data can be found in our Privacy Policy.

c. After reviewing the simulation of your personalised product, you must select the option "Add to Basket" to add the product permanently to your basket.

d. Once the product has been added to your basket, a summary of its contents will be displayed with a breakdown of the price and shipping cost. Then, select the option "Go to Checkout".

e. The purchasing process will be displayed on the screen, with a form for entering your contact and shipping information, and the option to add a personalised note to the order in exchange for the corresponding price, which is indicated on the form at all times.

f. The Buyer must then select their chosen payment method. Currently, the available methods of payment are:

  1. Debit or Credit Card: In this case, you will be required to provide us with information related to your card for the sole purpose of processing the payment.

  2. PayPal: For more information, visit http:www.paypal.com.

  3. Klarna: We use Klarna as the provider of our checkout, available for clients based in Spain, Germany, Italy, and France. This means that we might transfer your personal data in the form of contact and order details to Klarna when the checkout is loaded, in order for Klarna to manage your purchase. Your personal data transferred is processed in line with Klarna’s own privacy notice.

g. Once the User has provided these data and reviewed the order, they will then proceed to payment, depending on the selected payment method, and thereby confirm their willingness to acquire and formalise the sale, upon acceptance of these Terms and Conditions.

h. TOT-EM will confirm that it has received the Buyer's willingness to buy and, where appropriate, payment for the order. Likewise, the corresponding invoice will be sent by email, if the Customer has requested it. By accepting these Terms and Conditions, the Buyer consents to the sending of an electronic invoice. You can withdraw this consent at any time, by writing to the email address found in the Legal Notice.

i. Once the order has been confirmed, the Buyer will receive it within the period indicated on the Website.

j. The content of personalised items can be decrypted on the TOT-EM Website by means of the code or coordinates that will be sent along with the product in each order.

5. Pricing Policy

The prices shown on the Website are determined by TOT-EM. All prices are displayed in Euros. Before purchasing any of the selected products, we will show you the price broken down according to the taxable base and taxes applicable at that time. 

Prices do not include certain applicable taxes that must be paid by the Customer for shipping purposes, where appropriate. TOT-EM cannot determine the taxes that will be applicable in advance, as it will depend on the location you purchase from. Once the Customer has entered their information in the appropriate form, the information regarding taxes to be paid will be shown to the Customer.

The shipping costs will be those indicated on the Website at all times and in the Shipping and Returns Policy.

  1. 6. Discount Policy

The Website may include promotions and/or discount codes for accumulating points on the page. These conditions will appear on the screen, as well as any other applicable conditions. Any modification of said promotions or discount codes is subject to the will of TOT-EM.

7. Acceptance of the General Terms and Conditions of Sale

When a purchase is made entirely through the Website, you must read these Terms and Conditions and expressly accept them, by clicking on the corresponding consent check box, which is unchecked by default, at the end of the purchasing process.

In the event that there are special rules or restrictions that affect certain rates, discounts and/or products selected, said special rules or restrictions will be displayed on the screen before proceeding to purchase the product.

8. Obligations of the Parties

8.1. Obligations of the Owner

TOT-EM undertakes:

a. To effectively and efficiently perform all the procedures necessary for the Buyer to receive the products they have purchased.

b. To send the Buyer all the information and documentation necessary for the reception of their order.

c. To prohibit any transaction that is illegal, or that is deemed by the credit card company or issuing bank to have the potential to harm the goodwill of the company or to influence it negatively. The following activities are prohibited by card companies: the sale or supply of a product or service that is not in full compliance with all laws applicable to the Buyer, the issuing bank, the seller, the card holder, or the card itself; as well as the sale of medicines.

d. To comply with these obligations, as well as any others that may be applicable.

8.2. Obligations of the Buyer

By accepting these Terms and Conditions, the Buyer undertakes:

a. To pay the corresponding amounts, specified during the purchasing process, in a timely manner. Failure to pay will exempt TOT-EM from compliance with the obligations set forth herein, and any others that it may have contracted in exchange for receiving economic consideration for the products.

b. To confirm the veracity and authenticity of any data that has been provided to purchase the selected items.

c. To assume the responsibilities derived from any of the requirements demanded by these Terms and Conditions in order to hold the status of Buyer, including being responsible for the lack of necessary documentation for the payment of the purchase.

d. To comply with any other obligations contained in these Terms and Conditions, or in any others that may be applicable, and assume any responsibility derived from the breach of said conditions, leaving the Owner completely exempt.

9. Disclaimer

The Owner is in no case responsible for damages caused to the Buyer due to causes attributable to them. Solely and exclusively, TOT-EM will be responsible for damages that are caused as a result of purchases made on the Website, so long as they are derived from a fraudulent or culpable action of the latter.

By means of example, TOT-EM will not be held responsible for:

a. The usefulness of the products acquired by the Buyer, since at no time is the Owner responsible for the selection made, even if they have identified items in combination with the Buyer's selected products, which due to their characteristics are recommended as accessories.

b. Personal or material damage caused as a result of the use of the products, if the recommendations specified therein have not been followed.

c. Failure to comply with their obligations due to case of force majeure, such as, without any pretensions to being exhaustive, internal or external strikes, natural disasters, social unrest, etc.

The Buyer thus acknowledges that they acquire the items at their own risk, limiting TOT-EM's activity to the execution of the material tasks necessary for the delivery, processing, and management of the order.

In any case, the liability assumed by TOT-EM towards the Buyer in no case includes lost profits and will be limited, at most and for any reason, to the total amount received by TOT-EM from the Buyer in consideration for the acquisition of the product, in accordance with these Terms and Conditions.

10. Compensation

Any type of damage, loss, or cost (including lawyer and/or solicitor fees) incurred by TOT-EM, derived from the User's breach of these Terms and Conditions, or of any other applicable regulations, must be compensated by the User who caused it. This includes any third-party claim derived from said breach.

11. Modifications

These Terms and Conditions may be modified and/or updated at any time without prior notice. Said modifications made will take effect immediately upon their publication on the Website, no matter the method and form used.

Modifications will only apply to Users who have accepted the Terms and Conditions after said modification.

12. Other Issues

12.1 Terms and conditions of the gift card

  • The gift card is applicable to any product in the Tot-em store.
  • To use the gift card, enter the code provided by email at Checkout before completing the payment.
  • The gift card has no expiration date. In case of dissolution of Tot-em S. L., the gift card loses its validity and the amount cannot be refunded.
  • The gift card has no expiration date. In case of dissolution of Tot-em S. L., the gift card loses its validity and the amount cannot be refunded.
  • The gift card is redeemable only in the currency in which it was purchased.
  • The gift card can be returned up to 14 days after its purchase as long as it has not been used in our store, either partially or in its entirety.
  • Possible discount coupons offered for our store are not applicable to the purchase of a gift card.

12.2. Safeguarding and Interpretation of these Terms and Conditions

If the competent Authority declares any of these provisions as illegal, invalid, or unenforceable, this shall mean that it should be interpreted in the manner closest to the original intention of said provision. In any case, any such declaration regarding one or some clauses will not affect the validity of the rest.

TOT-EM's failure or neglect to enforce any of these Terms and Conditions does not constitute and will not be deemed, in any event, to be a waiver of their right to enforce them in the future.

12.3. Language

The language applicable to these Terms and Conditions is Spanish. If versions of these Terms and Conditions are provided in other languages, this shall only be understood as a mere courtesy for the Buyer's convenience. As such, the Buyer expressly accepts that these Terms and Conditions are governed by their version in Spanish. In the event of any discrepancy, the Spanish language version shall prevail.

12.4. Law and Jurisdiction

The relationship between the Owner and the Buyer will be governed by Spanish legislation, and any discrepancies or conflicts that may arise with regard to these Terms and Conditions will be submitted to the Courts and Tribunals of the Buyer's domicile, so long as the latter holds the status of consumer and/or User, in accordance with applicable regulations. Otherwise, the parties will submit to the Courts and Tribunals of Madrid.

If the Buyer has any problem derived from the purchase of products available on the Website Catalogue, they may refer to the European Online Dispute Resolution (ODR) platform, accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

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