WELCOME TO TOP DOT
The website www.top-dot.com is a shopping portal (the “Marketplace”) and exclusive property of MCM Digital, Sociedad Anónima (“Top Dot”). You can buy products on the Marketplace (the “Products”) from different sellers and brands (the “Sellers”.) Once you buy a Product, you can program your delivery to different zones within the country.
The use of the Marketplace (the “Use”) is subject to the following terms and conditions (the “Terms and Conditions”).
Top Dot is not the owner of the Products or the brands available on the Marketplace; it only commercializes them without representing any of the said brands.
Section A: Terms of use
I.
You need to register as a user (the "User") within the Marketplace to be able to purchase the products we offer.
II.
Registering as a User implies that you must share certain data, which will be handled according to Section F; Privacy and Use of Private Data, contained in these Terms and Conditions.
III.
When creating your User, you are accepting all the Terms of Use and any changes or modifications we may make in the Marketplace or Social Networks. Remember to review them from time to time to be aware of all the details and any changes we may have applied.
IV.
In order to create your User, you must be 18 years of age or older, have a valid Personal Identification Document or Passport and have a valid payment method that accepts electronic transactions (Debit Card, Credit Card, electronic transfer, amongst others).
V.
Top Dot reserves the right to modify or interrupt the service offered, at any time, either permanently or temporarily, without prior notice and/or consent of its Users and at his exclusive discretion.
VI.
Top Dot is a marketer of the Products listed by the Sellers, therefore, Top Dot is not responsible for any legal or social breach incurred by any of the Sellers and even when such a breach may affect the Users of the Marketplace.
Section B: Purchase terms
I.
You can only buy the products listed within the Marketplace even if the Sellers have different products in their physical stores.
II.
The products have limited stock and can be modified frequently according to the Seller's inventory.
III.
The product prices (the "Price" or the "Prices") include the Value Added Tax (VAT/IVA in Spanish) and these Prices can be modified at the sole discretion of the seller or Top Dot.
IV.
Top Dot may apply or remove discounts at its sole discretion.
Section C: Payment terms
I.
Top Dot offers safe payment methods backed by legal financial institutions. You can pay using a VISA or MasterCard debit/credit card supported by any Guatemalan banking system. You can also pay using alternative payment methods, such as payment in installments, gift cards, reward points, visalink, cash, monetary deposits or electronic transfers. For monetary deposits or electronic transfers, your order will be processed until the payment has been accredited to our accounts.
II.
The total product and shipping costs will be charged to the selected debit/credit card and under the terms and conditions detailed on the price.
III.
Payment by installments may have additional fees.
IV.
If your transaction cannot be processed, you can contact our PBX to help you fix it as soon as possible.
Section D: Delivery terms
I.
Top Dot offers two delivery methods, for which you must select the delivery method that best suits your needs when placing your order.
You can visit our warehouse located at Calzada La Paz, 0 Avenida 23-13, zona 17, La Paz Centro de Negocios La Paz, Bodega 311 and pick up your product, at no additional cost, Monday through Friday from 8;00am to 5;00pm and Saturdays from 8;00am to 12;00pm. When delivering your Product, you must show your proof of purchase (Electronic Invoice and confirmation email.
You can schedule the delivery of your product directly to your home, for an additional cost (the "Delivery Cost"), using our delivery service provider, which may change from time to time at our sole discretion. The shipping cost is additional to the value of the product. Top Dot will adjust the Delivery Cost, when necessary, due to the volatility in the price of fuel.
II.
Delivery Scope: Even though we would love to, we cannot reach every corner of the country. Please remember to schedule your delivery to an area not located within the following locations:
ZONA 1: Colonia 10 de Mayo, de 10a. Calle a la 18 calle, de la 17 avenida en adelante, de 18 calle a 21 de la 13av. En adelante, alrededores del teatro nacional (3av. 21 calle a la 26 calle).
ZONA 3: Colonia la Ruedita, El Gallito (Orilla del Barranco), Colonia Trinidad, Relleno Sanitario (Basurerozona 3), Colonia el Esfuerzo II.
ZONA 5: La Limonada, Colonia 15 Agosto, Colonia El Esfuerzo, Colonia La Fuente, Colonia Santo Domingo (de la 43av. En delante).
ZONA 6: San Juan de Dios, Col. 30 de Junio, Col. La Reynita, Proyecto Santa Faz (Asentamiento), Monroy, El Quintanal, Asentamiento el Esfuerzo, San Juan de Dios, Col. Noruega, Santa Marta, Linda Vista, La Joya Senahu I y II, colonia Rych, La culebrita (Calle Jutiapa), Colonia Asuncion, Colonia Arymani, Colonia Santa Marta, Colonia San Julian (Solo se cubren los sectores I, II, III).
ZONA 7: Colonia Amparo I y II, (de la 38 calle final), El Granizo I y II, La Isla, Verbena, La Joya, Niño Dormido, Colonia Josue VI, Asentamiento 4 de Febrero (Esta debajo del Puente Incienso), Sakerty, Madre Dormida, Tecun Uman I y II, Colonia Shell, Colonia San Martin.
ZONA 12:La esperanza, El Bucaro,Tres Banderas, El Exodo, Loma de Villalobos, Unidos por la Paz I y II, Asentamiento Villalobos , La Isla Villalobos, El esfuerzo , Nuevo Amanecer, Asentamiento la Unión, Monte los Olivos, Anexo Nuevo Mezquital, Colonia Aguilar Hernandez, Col Joya del Mezquital, Colonia Aguilar Hernandez, Loma Blanca, TODA LA VILLA LOBOS.
ZONA 13: La Isla (Al final de la Colonia Santa Fe).
ZONA 14: 4 calle y 16 avenida “A” Colonia Guadalupe.
ZONA 15: Vista Hermosa III (de la 22avenida en adelante).
ZONA 16: Sector campo seco.
ZONA 18:Paraiso II (Entregas solo en 25av. Y 26 av. De la 9a. A la 12 calle), El Limón I, El Limon II, Alameda 1. 2, 3 y 4, Alameda Norte, Comunidad, Cerritos, Col. Renacimiento, El Chato, Aldea Azacualpilla, Asentamiento Barrio Colombia, Asentamiento Lomas de Santa Faz, LA MAYA, ALAMEDA II, JUANA DE ARCO, PINARES DEL NORTE.
ZONA 19: Carolingia, El Milagro, Asentamiento de Amor, La Florida (de la 12av. En delante), Sacoj Chiquito.
ZONA 21: Cerro Colorado, La Esmeralda, Anexo 1, 2, 3, (Ciudad Real lo que no cubrimos es el anexo y el barranco), Asentamiento Nuevo Amanecer, Col Santa Marta, Cerro gordo, Loma Blanca, La Paz, La Arenera.
ZONA 5 MIXCO: La Joya Senahu I y II, Las Guacamayas, Alborada, Santa Marta, Linda Vista.
ZONA 6 MIXCO: Lo de Bran, Carolingia, El Milagro.
ZONA 8 MIXCO: Ciudad Peronia, Balcones, Terrazas I y II.
ZONA 10 MIXCO: La Comunidad, SAN JACINTO.
ZONA 11 MIXCO: Tierra Nueva I y II (Solo se entrega en los sectores A1 al 4, y B1 al 4), santa luisa jocotal, Lo de Fuentes, El Rodeo (Solo se cubre la 38 y la 39 avenida).
AMATITLAN: El Progreso I, El Progreso II, Aldea las Minas, Aldea el llano.
BOCA DEL MONTE: El Porvenir, La Cuchilla El Carmen.
CHINAUTLA: Santa Luisa Jocotal.
FRAIJANES: Pavon, Pavoncito, Centro Orientacion Femenida (COF).
SAN PEDRO AYAMPUC: Los Bahos, La Lagunilla, El Chan.
SAN PEDRO SACATEPEQUEZ: Aldea Vista Hermosa.
SANTA CATARINA PINULA: La Cuchilla el Carmen, Aldea las Anonas, Cristo Rey, Piedras Negras.
VILLA NUEVA: Mario Alioto, Martires del Pueblo, Asentamiento la Paz, Santa Isabel I, Santa.
III.
Delivery hours: purchased products will be delivered within 2 to 3 business days after the purchase is completed.
IV.
Force Majeure: Delivery hours will not apply and delays may happen in the following cases:
Strikes and protests.
Floods.
Heavy rains.
Hurricanes and storms.
Collapses.
War or riots.
Pandemics.
Impediments to free locomotion.
Section E: Exchange and/or returns
I.
You have the right to request an exchange or return of the Product you purchased within 14 calendar days of making the purchase.
II.
You will be responsible for the cost of collection and shipping of you returned products - with an additional cost paid through a payment link (except for damaged, defective products or wrong products).
III.
If you return a product, a gift card (only for the value of the product, excluding any shipping costs) will be issued, which will be reflected in your account and you can use it to buy any other Product of your choice.
IV.
If you return a product for a new size or color change, you will be given a gift card (only for the value of the product, excluding any shipping costs), which you can use to buy the same Product in a different size or color or any other product of your choice.
V.
Shipping or collection costs will not be refunded (except for damaged, defective or wrong products) and upon receiving the gift card, the cost of shipping or collection will be deducted.
VI.
Only Products purchased and paid for with a credit or debit card, transfer, money deposit and visalink can be returned. Returns do not apply to Products acquired through the reward points program. In order to return or exchange a Product, it must be in the same condition as it was when delivered and meet the following conditions;
The product must be new, in optimal conditions.
The product must not have any signs of use.
The product must be found with its original labels attached.
The product must have all the product packaging, including boxes, user manuals, and warranty certificates unless the product is defective or damaged.
The product must not be modified or altered from its original state.
The product must be in good condition and completely clean.
Returns of products with individual packaging that have been opened will not be accepted, unless the product is defective or damaged.
VII.
You must keep your purchase receipt in order to request the refund or exchange of your product. For product returns, you can request to have Top Dot collect the product or you can deliver it personally to our warehouse (restrictions apply). If you request to have Top Dot collect the product, you must pay for the collection and shipping cost, for which a payment link will be sent to you. Once the payment is made, we will collect the product at the provided address.
VIII.
If your return is for a damaged or defective product, you must notify Top Dot within 24 hours after receiving the product, by sending an email to [email protected] (we recommend taking a photo or video of the Product when you become aware of the imperfection) and subsequently a return request number will be opened, for which one of our agents will contact you. Once Top Dot has received the Product and after inspecting and determining its defectiveness or damaged state, your return request will be approved and the following will proceed;
If the product is unavailable, it will be exchanged for an equal product, provided that there is stock of the Product.
If there is no other equal Product in stock, money will be refunded to your account or credit/debit card (for credit or debit cards, the refund time will depend on the issuing bank of your credit or debit card and if the payment was made with deposit or transfer, the refund will be made to your account in 5 business days) or you may request Top Dot to issue a gift certificate in your favor.
If you do not want the Product to be exchanged for an equal one, you may request Top Dot to issue a gift card in your favor (for the value of the product), which you can use to buy other Products of your choice at Top Dot.
Top Dot will assume the cost of collection in case of return of Products, provided that it has been determined that it was damaged, in a defective state or if the wrong product was sent to you and there was no replacement in stock.
If you return a product and after inspection it is determined that it is in optimal condition, a gift card will be issued, but the cost of collection of the Product will be deducted from the value of the gift card.
IX.
For health and hygiene, the following product categories CANNOT BE RETURNED;
Underwear; women, men, and kids.
Bathing suits; women, men, kids, and babies.
Makeup or similar products.
Creams or beauty products, products for body use.
Any product that is labeled with a no return message within its product description.
X.
If you exchange a product that is no longer available, you will be entitled to a gift card, with a balance in your favor in the Marketplace for the value previously paid for the original product, minus the shipping cost.
XI.
If you have any questions about returns or refunds, you can write an email to [email protected] and we will happily get in touch with you.
Section F: Privacy and use of private data.
I.
Top Dot is committed and takes it very seriously to protect your privacy, that’s why we want to inform you how we collect, process, manage, use and disclose your personal data or personal information (“Data”) in accordance with our Privacy Policy, which may be amended from time to time. Please read and review this privacy policy, in conjunction with our Terms & Conditions (of which this privacy policy forms part of), in which we will inform you how we collect, process, manage, use and disclose your data.
II.
When you sign up for an account on our marketplace, place an order, view or browse our products, services or content we offer, opt to receive newsletters or special offers, sign up for promotions, you are agreeing to Top Dot’s privacy policy and consenting on how we collect, use, disclose and share any of your data with our authorized service providers and third parties. This privacy policy does not apply to the practices of organizations that TOP DOT does not own or control, or to people that TOP DOT does not employ or oversee even if offers, coupons or links to their websites appear within our platforms or technology.
III.
When you register and manage your account, we collect your name, contact, details, age, date of birth, email address, delivery address, facial image, phone number, password, order details, browsing behaviors, voice recording (from costumer service calls) and any other personally identifiable information that you have provided us in any form you may have submitted to us, or through any interaction with us. Please be sure that all Data you submit to us is complete, accurate, up-to-date and correct. Failure to do so may result in our inability to provide you with the products and services you have requested. You should keep us updated of any relevant changes to your Data. We will not be responsible for relying on inaccurate or incomplete Data if you have not updated us of such changes.
IV.
We will make reasonable efforts to ensure Data likely to be used by us or disclosed by us to another organization is accurate, up-to-date and correct. We do not commercialize client information. Your personal data is private and TOP DOT protects it like it protects its own data.
V.
Top Dot does not directly or permanently store or your debit or credit card details, however, we may collect your bank account details to process refunds. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies.
VI.
Keeping your data secure is our top priority, that’s why we enforce the highest standards of safety methods to protect the marketplace’s technology. We use reasonable efforts to ensure your data is adequately protected and secured to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss or damage to your data.
VII.
The data we store is in a Cloud system. We regularly monitor our servers and IT systems for possible attacks and vulnerabilities; however, we cannot guarantee the security of your data transmitted to or through our website, and any such transmission is at your own risk.
VIII.
The data we collect is for efficiency purposes and to provide you with a great service and online experience. We register user data and order information only to improve your user experience and customer service. We also use the information for marketing and advertising purposes, enable businesses to deliver ads which are related to their products and services which may be of interest to you, provide you with any premium services, invite you to our private customer events, process your participation in our promotions and giveaways (including contacting you if you win, displaying your details online, publishing your name in relevant newspapers or disclosing details of winners to relevant authorities, if required by law), process your participation in our point redemption programs, conduct market and customer research, analysis or tracking, promote our products and services, improve your customer experience.
IX.
Top Dot will retain your data for as long as you have a Top Dot account.
X.
Each time you visit our website, certain information will be created and automatically recorded by our IT systems, such as cookies, device information, IP address and location, browser, mobile network provider, country location, purchase history, browsing history, shopping preferences, amongst other.
XI.
Top Dot stores user data to prevent fraud cases or identity theft within the marketplace.
XII.
Your data is only shared with our employees, consultants, temporary workers, or other representatives, sellers, courier companies, payment providers that we use to process your payment information, IT/technology providers, logistic providers, business partners or vendors, our professional advisers, bankers and auditors, agents, contractors or service providers who provide operational services to us or who help us provide our services to you, or carefully selected third parties so they can provide better assistance when processing your orders.
XIII.
Be sure that we do our best to minimize the disclosure of your Data to the information necessary to perform the related purpose or additional purpose. However, we may also disclose your Data for secondary purposes if the secondary purpose is related to the purpose or additional purpose and you would reasonably expect us to use or disclose the information for the secondary purpose, otherwise in accordance with applicable laws, or with your further consent.
XIV.
You may receive emails with special offers, new products, and other marketing information that we consider relevant to your user information. You may unsubscribe from our email marketing communications whenever you want.
XV.
By registering with us, using our services and our website, submitting your data to us, browsing our website or app, ordering our products, you are agreeing to the terms of this privacy policy (which may be amended from time to time) and the processing and transferring of your data.
XVI.
This privacy policy and the use of our website shall be governed in all respects by the laws of the Republic of Guatemala.
Section G: Cookies
I.
TOP DOT uses cookies on this marketplace.
II.
“Cookies” are small text files that are stored on your computer or mobile device and downloaded to such computer or mobile device when you visit our marketplace or app, in order to recognize you and your device each time you visit our marketplace or apps. Cookies then send information back to the originating website on each subsequent visit, or to another website that recognizes the same cookie.
III.
We use cookies in order to enhance your online experience, including for preference settings, product offer selection, analytics, conversion attribution and fraud reduction.
IV.
We use both session and persistent tracking cookies. Session cookies are temporary files that are deleted by your browser once you close it, while persistent cookies stay in a browser subfolder until deleted.
V.
We may combine information collected automatically from your interactions with our services and your activity on third-party sites with other data (including personal information).
VI.
You can disable cookies being stored by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, please note that this may result in the loss of website functionality, restrict your use of the website or app, or disable some features.
VII.
We may use third-party service providers to monitor and analyze the use of our website and apps.
Section H: Use of Intellectual Property
I.
Top Dot and the Brands are exclusive owners of their respective designs, texts, communications, graphic line, photographs and other information contained in the Marketplace.
II.
Top Dot is not responsible for the graphic image that the Brands use to promote their products inside and outside the Marketplace.
III.
Each Brand is responsible for the graphic image it projects within the Marketplace and assumes full responsibility for any claim for the use or misuse of the same.
IV.
The use or misuse of images contained in the Marketplace is prohibited.
Section I: Limitation of Top Dot's liability
I.
To the extent permitted by the law, Top Dot disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
II.
Top Dot, its employees, affiliates, and representatives, do not guarantee that services provided, information, content, materials, products, or other services included or otherwise made available to you through the Marketplace, website servers, or electronically sent from digital form, are free of computer viruses or other harmful components.
III.
To the extent permitted by law, Top Dot shall not be liable for any damages arising out of or in connection with the use or misuse of any Top Dot service or any information, content, materials, or products, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.
Section J: Use of gift cards
I.
Gift cards (the "Gift Cards") are considered an alternative payment method, which represents an amount that can be redeemed exclusively in the Marketplace.
II.
The minimum amount to buy a gift card is Q.25.00.
III.
The gift card can be redeemed in several purchases as long as there is an existing balance.
IV.
The gift card can be redeemed to cover a partial amount of the purchase when the value of the product exceeds the value of the gift card and the remaining amount must be payed and will be invoiced to the User.
V.
Gift cards can be purchased within the Marketplace for the selected amount. The holder of a gift card must use it within a period of 6 months from its purchase.
VI.
If the gift card is not used within a period of 6 months from its purchase, it will expire and cannot be used to make any purchase.
VII.
Top Dot will issue an invoice at the time of purchasing the gift card, therefore, when the gift card is used, an invoice will not be issued, unless the value of the purchase is greater than the value of the gift card (an invoice will be issued only for remaining value).
Section K: Refer a friend
I.
In order to participate in the Refer a Friend program and send your referral link, you must be previously registered as a TOP DOP User.
II.
With the refer a friend program, whoever gets the link will receive a Q.50.00 discount once they create an account at TOP DOT and make their first purchase. They must use this credit within 30 days of opening their account or else it will expire.
III.
The person who sends the link will receive Q.50.00 off when the condition established on subsection II of this section is met.
IV.
Remember, you will only receive your credit if your referrals make a purchase.
V.
Requirements;
The minimum value to participate is Q200.00.
Only valid on full-priced items.
Section L: Reward points
I.
When you purchase goods in our store, you get reward points.
II.
You can use them at any time, as long as your TOP DOT account is active. An active account means you buy at least once at TOP DOT during a full year.
III.
Your points expire one year after being credited to your account.
IV.
To view your points, access your Account and then click on My Points.
V.
When you check out, please enter the number of points you want to redeem for your purchase. Your total price will automatically adjust when you decide to use your points.
Section M: Re-sell later & Pre-Loved
I.
Once you have purchased a product on Top Dot, you will have the option to re-sell it afterward in the Marketplace, within the "Pre-Loved" category.
II.
Not all products are eligible for re-sell, with the following products being excluded from this category: supplements, vitamins, personal care products, panties, lingerie, hair accessories, and jewelry, among others, always leaving it at Top Dot's discretion to approve the re-sell of the product.
III.
Any product that is intended to be re-sold must go through strict quality control before being added to Top Dot's inventory.
IV.
It is at Top Dot's discretion which products can be re-sold. The products are stored, on consignment, at Top Dot's offices and the user is responsible for delivering them for review, approval, and subsequent sale. Top Dot will review, store, and ship your products when they are sold. If your product has not been sold in a period of 6 months, Top Dot will contact you so you can confirm whether you will pick up the product at Top Dot’s warehouse or join our donation campaign.Top Dot will take the product pictures and upload the product to the website in 8 business days.
V.
Top Dot will suggest and confirm the sale price of your product. When the product is sold, Top Dot will ship it to the customer.
VI.
If the product is not approved for re-sell, you will receive a notification and you must pick it up at the Top Dot offices within a period of one month from the notification or you can join our donation campaign and donate the product.
VII.
If you want the product to be sent to the address of your choice you must pay for the shipping cost.
VIII.
If you do not pick up the product within the previously established period, Top Dot may discard or donate the product without any responsibility on its part.
IX.
It must be added and specified in the product sheet, the number of times the piece was used, the type of use, and the evaluation regarding the current state of the product (e.g., 10/10).
X.
Once your product has been sold in the Marketplace, it will be canceled within 30 days from the receipt of the invoice or you can choose to be paid with a gift card that will generate a credit for you in the platform. Top Dot will charge a commission of 30% for the resale of your product, which will be deducted from your payment. You must to provide an invoice to receive payment, otherwise Top Dot will create a special invoice in your name (an additional charge of 17% will be applied to the special invoice).
Section N: Third-Party websites and conflict resolution
I.
Occasionally, the content within the Marketplace may make reference to or contain direct links to third-party websites. Top Dot is not responsible for the content on those websites, price differences from the listed products, viruses, exposed material, images, or statements. Before purchasing anything on those websites, we recommend reviewing the purchase policies. Any comment, complaint, or claim about the third-party website should be directed to the third party.
II.
Any difference, controversy, or conflict between Top Dot and the Users shall be resolved amicably between the parties. The Users may send an email to [email protected] to make Top Dot aware of their dissatisfaction and Top Dot, together with the User, will look for the best way to solve the problem. If no solution is found, both the User and Top Dot voluntarily submit to the jurisdiction of the courts of the department of Guatemala. The governing law shall be that of the Republic of Guatemala.