These general conditions (hereinafter the "General Conditions") regulate access to and use of the platform https://lolamarket.com (hereinafter the "Web Site"), which Promotech Digital, SL (hereinafter "Lola Market") makes available to you.
By accessing and browsing the Website or, as the case may be, by accepting these General Conditions, you (hereinafter, the "Client") confirm that you have read and agree with them and, consequently, enter into a legal relationship with Lola Market in accordance with its content.
Registration on the Website and use of the services entails that your data as a Client will become part of the files of Lola Market, and will be treated in accordance with the provisions of the Privacy Policy, which the Client expressly declares to know and accept.
The General Conditions appearing at all times on this website will be those in force at the corresponding time. Lola Market, with the limitations established in the applicable legislation, reserves the right to unilaterally vary, at any time and without prior notice, the form and conditions of subscription and contracting of the service(s) of Lola Market on the Website, as well as these General Conditions. The Clients will always have these General Conditions in a visible place, freely accessible for all the consultations they want to make. Customers undertake to read these General Conditions carefully each time they access the Website. In any case, the acceptance of the General Conditions will be a previous and indispensable step to the contracting of any service offered by Lola Market through the Web Site.
Access to the Website is free of charge, except for the cost of connection via the telecommunications network provided by the supplier contracted by the Customer.
In the event of non-compliance by the Client with any of the obligations established in these General Conditions, Lola Market reserves the right to prohibit or deny said Client access to any of the Services offered through the Website without prejudice to any other actions that may correspond to Lola Market.
The Website is a platform on which, on demand, Clients are provided with the selection of food, drink and derivative products (hereinafter, the "Products") offered by certain shops and supermarkets (hereinafter, the "Supermarkets"), for subsequent purchase and delivery at the address and time determined by the Client (the "Services"). Such Services are provided by natural persons employed by Lola Market or with whom Lola Market has a business relationship (the "Shopper").
Lola Market is separate and independent from Supermarkets, with which it has no shareholder, partnership, representation or similar relationship. Therefore, Supermarkets have no liability in connection with the provision of Services by Lola Market.
In order to access the platform the Client must register. Every Client will access and use the Website in accordance with these General Conditions, the law, ethics, good faith and/or good customs, refraining from carrying out any kind of act that implies any kind of damage to the Website itself, to Lola Market, and/or to the rest of the Clients and/or to any third party.
The Client undertakes to comply with these General Conditions, as well as to comply with any special warnings or instructions contained on the Website. To this end, it shall refrain from using the Website in any way that may prevent, damage or deteriorate the normal functioning of the same, the goods or rights of Lola Market, its suppliers, the rest of the Clients or in general any third party.
Specifically and without this implying any restriction on the obligation assumed by the Customer in general in accordance with the preceding paragraph, the Customer undertakes to use the Website:
Lola Market owns the domain name https://lolamarket.com
All rights reserved.
This Website is protected by intellectual and industrial property legislation.
The name "LOLA MARKET" as well as its graphic representation included in the Website https://lolamarket.com/ are registered trademarks of Lola Market. Similarly, the industrial and intellectual property rights derived from the design, structure and distribution of the Website, including texts and contents, buttons, photographic images, source code, are owned by Lola Market. All other trademarks designating Products available through the Website and Supermarkets in which you can purchase them are not owned by Lola Market and belong to their respective owners.
The acts of reverse engineering, as well as the use, exploitation, copying, reproduction, elimination, injury, alteration and/or modification of the intangible assets of which Lola Market is the owner, as well as the registration and/or request for registration, whether partial or total, temporary or definitive, of the same and/or of any other similar present and/or future without the express written authorisation of Lola Market and/or the corresponding owner, without at any time being understood that there is any kind of licence or authorisation of whatever nature, total and/or partial, to any third party and/or client on the part of Lola Market and/or the corresponding owner.
Lola Market reserves the right to unilaterally redesign and vary, at any time and without prior notice, the presentation and configuration of the Website.
In any case, the Client shall refrain from deleting, altering, circumventing or manipulating any protection device or security systems that may be installed on the Website.
The link, hypertext, banners, buttons, directories and any other search tool, understood as the technology that connects two websites or two web pages (hereinafter referred to as the "Link") may be used both by Clients to establish a connection between their website and the Website and by Lola Market to make available to Clients access to websites other than Lola Market. However, such links shall be subject to the terms set forth below.
Customers who wish to establish a link between their website and the Website must comply with the following obligations:
To establish a link on a website other than this Website requires the prior written permission of Lola Market.
The installation of third party links by Lola Market has the sole purpose of providing Clients with access to available information offered by third parties and does not imply that Lola Market promotes, endorses, guarantees or recommends said sites. The links included in the Lola Market Website are offered solely as informative references, without any type of assessment of the contents, ownership, services or products offered from them.
Clients should exercise extreme caution in the evaluation and use of these links, and Lola Market is exonerated of all responsibility in relation to the information, data, files, products, services and any kind of material existing in the pages accessed through them.
Lola Market shall not be liable for any damage and/or harm and/or benefits not obtained by the Client, the Supermarkets or any third party who is also harmed as a result of the opinions, statements, data and/or contents that, where appropriate, may be issued directly or indirectly by the Clients themselves and/or third parties for any reason, and at any time and in any form on the Website.
Lola Market does not guarantee that the Website will function constantly, reliably and permanently, without delays or interruptions so Lola Market is not responsible for any damage and / or loss and / or benefits not obtained by the Customer, Supermarkets or any other third party who is harmed as a result of them.
Lola Market is not responsible for any damage and/or harm and/or benefits not obtained by the Client, the Supermarkets or any other third party that is harmed as a result of any circumstance of force majeure, fortuitous case, failure or error of the lines of communication, or of the defective provision or failure of the Internet network.
Lola Market shall not be liable for any damage and/or harm caused to any Customer, to Supermarkets or to third parties, nor for damages suffered by any Customer or third party, caused directly or indirectly from the use and/or access and/or connection to the Website and/or to pages linked to it. Lola Market shall not therefore be liable for any damage or harm caused to any Customer, to Supermarkets or to third parties, nor for profits not obtained by any customer or third party as a result of incorrect operation, defects, failures or damages caused, total and/or partial, to all hardware, software and/or computer programs, as well as loss/alteration and/or damage, total and/or partial on information contained in magnetic media, disks, tapes, diskettes and others, as well as by the introduction of computer viruses or unwanted variations or alterations on all information, documents, files, databases, hardware and/or software.
Lola Market shall not be liable for any damage and/or harm suffered by the Client that is not solely, directly and exclusively attributable to the wilful or negligent act and omission of Lola Market itself. Nor shall it be liable where the Client and/or any third party or the persons for whom they are liable are the culprits of such damages, of any damage and/or prejudice caused to third parties and/or of any loss of profit or profits not obtained by the Client or third parties.
In the event that Lola Market has effective knowledge, by any means or means, either directly or indirectly, of the existence of contents that may infringe current legislation or these General Conditions and/or the corresponding Particular Conditions or the use for fraudulent, illicit and/or unauthorised purposes, Lola Market reserves the right to suspend the provision of services totally or partially, without prior authorisation from the Client, by means of the elimination of the infringing contents or any other measure that it considers necessary to avoid the continuity in the commission of the illicit or detected infringement.
Without prejudice to the foregoing, Lola Market reserves the right to inform the administrative or judicial authorities of any facts that may constitute an illegal activity, without prior notice to the Client.
In order to reduce the risk of virus introduction into the Website, it uses virus detection programs to control all Content that is introduced into the Website. However, Lola Market does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to Lola Market that may produce alterations in the Clients' physical or logical systems or in the electronic documents and files stored in their systems. Consequently, Lola Market shall in no case be liable for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of Users.
Lola Market adopts various protection measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, Lola Market does not guarantee that unauthorised third parties may have access to the type of use or navigation of the Website made by the Client or the conditions, characteristics and circumstances in which it is carried out. Consequently, Lola Market shall in no case be liable for any damages that may result from such unauthorized access.
Lola Market and its staff and technical service will treat and maintain the confidentiality of all Customer information to which they have access in the course of their work, and will not use, disclose or allow it to be used by unauthorized third parties. The obligation of confidentiality of Lola Market staff will survive the termination of their relationship with Lola Market.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining clauses, which will continue to be binding between the parties. The waiver by either party to demand at any given time compliance with any of the general conditions stipulated herein shall not imply a general waiver of compliance with another condition or conditions, nor shall it create an acquired right for the other party.
These General Conditions shall be governed by the provisions of Spanish law.
Before any controversy relative to the conditions of use and access to this web site contained in the present document of General Conditions of the web site, the parties submit, expressly renouncing any other jurisdiction that could correspond to them, unless by legal imperative it is determined otherwise, to the Courts and Tribunals of the city of Valencia.
These General Conditions come into force on January 4, 2017.
Promotech Digital / Legal Department
Calle Rafael Calvo 18, 4C
Madrid, 28010
legal@lolamarket.com
Promotech Digital, S.L. (hereinafter "Lola Market") through its website https://lolamarket.com (hereinafter, the "Website" or the "Platform"), provides duly registered users (the "Customers") with the selection of food, beverage and derivative products (hereinafter, the "Products") offered by certain stores and supermarkets (hereinafter, the "Supermarkets"), for subsequent purchase and delivery at the address and time determined by the Customer (the "Services"). Such Services are provided by natural persons employed by Lola Market or with whom Lola Market has a business relationship (the "Shopper").
Lola Market is separate and independent from Supermarkets, with which it has no shareholder, partnership, representation or similar relationship. Therefore, Supermarkets have no liability in connection with the provision of Services by Lola Market.
The following general terms and conditions (hereinafter the "T&C") develop the particular conditions that regulate the relationship between Lola Market and the Client for the Client's use and access to the Platform and the contracting of the services offered therein.
Lola Market is a Spanish limited liability company, with registered office at Calle Rafael Calvo 18, 4C - C.P. 28010, Madrid (Spain), and holder of CIF B87231312. Lola Market is registered in the Mercantile Registry of Madrid, Volume 33.249, Folio 167, Section 8, Page M-598380, 1st Inscription.
These T&C have been drawn up in accordance with the provisions of Law 7/1998, of 13 April, on General Contracting Conditions; Royal Legislative Decree 1/2007, of 16 November, which approves the Consolidated Text of the General Law for the Defence of Consumers and other complementary laws; Law 7/1996, of 15 January, on the Regulation of Retail Trade; Law 34/2002, of 11 July, on Information Society Services, as well as any other legal provisions applicable to the activities of Lola Market and the Platform.
By accessing the Platform and, if applicable, contracting the services provided by Lola Market, the Client accepts each and every one of the present T&C, the Privacy Policy of Lola Market, as well as the general terms and conditions of the website.
If you accept the T&C on behalf of your company or other entity, you represent and warrant that (i) you have sufficient legal capacity to bind your company or entity, (ii) you have read and understand these Terms, and (iii) you accept these Terms on behalf of the company you represent. If you do not have the legal capacity to accept such a relationship, you cannot continue to be recruited.
Access to the "Store" area is an exclusive service, intended only for registered and active Clients of Lola Market. By clicking on the "REGISTER" button displayed as part of the contracting process, the Customer accepts the terms and conditions set out in these Terms and Conditions.
A Client will be considered active once he has registered through the procedures established in the Platform and there is confirmation of the contractual link by sending confirmation of registration to the email address indicated during the registration process of Clients.
The Client acknowledges that he/she is over eighteen (18) years of age and accepts that access to and use of the Website and/or its contents takes place freely and consciously, under his/her exclusive responsibility.
The access and contracting process, terms and conditions of the provision of services by Lola Market shall be subject to the provisions of the Website at all times.
Likewise, when contracting the provision of services by Lola Market, the Client expressly undertakes to provide truthful and lawful information, assuming for these purposes all damages of any kind that the non-truthfulness or unlawfulness of the data provided by the Client may cause directly and/or indirectly to Lola Market and/or any third party, at any time, for any reason, by any means and/or in any form.
Lola Market will provide a personal and non-transferable identifier and access code to the Client in order for the Client to use the services offered by Lola Market on the Website. The Client undertakes to preserve the confidentiality of the same, not facilitating the use of its own user name and password to third parties, and assuming, therefore, all kinds of consequences arising from the breach of that obligation. The password may be modified at the request of either party. In the event that such modification takes place at the express request of Lola Market, the Customer will be notified of the date of deactivation and replacement of the access code by a new one.
Lola Market shall not be liable for any damages or benefits not obtained caused to the Client and/or any third party, as a consequence of the loss or theft of the user name and password and/or as a consequence of its use by a third party.
The relationship between Lola Market and the Client is limited exclusively to the provision by Lola Market of the service of purchase and delivery of the Products selected through the Platform by the Client.
In order to process an order, the Client accesses the Platform and selects the Products of his interest from the different Supermarkets. Once you have selected the Products, the Customer must login with your username and password to process the order, to do so you must indicate:
The Platform suggests to the Customer the selection of delivery services in the next hour, two hours or three hours. In any case, the Client will be able to select the date and time of delivery in a personalized way according to his need and depending on the availability of the Shoppers in the area of distribution each moment.
The Customer undertakes to enable the delivery of the order by providing a "delivery address" where the order can be delivered within the agreed time of delivery. In the event that the Customer indicates a "delivery address" that is not correct, Lola Market will have no responsibility for the delay or impossibility of delivery of the order requested by the Customer, reserving the right to cancel the purchase made by instructions of the Customer.
Lola Market provides the Services only in the areas defined on the Website at all times, so the "delivery address" designated by the Customer must be within the limits of those areas.
In the event that the Shopper prepares to make a delivery at an agreed time to a Customer and the latter is not present at the time of delivery, without having communicated this to Lola Market or refuses to collect it, Lola Market will return the Products whose return is accepted by the Supermarkets and will reimburse the Customer exclusively the amount obtained from the return, subtracting in any case the corresponding amount, the expenses that would have accrued as a result of the preparation, transport and return of the purchase.
Alcoholic beverages can only be purchased by individuals, including without limitation Clients who are of legal age (+18 years). By placing an order that includes alcoholic beverages, the Customer confirms that:
The price paid by the Customer for the Products may be higher than the selling price in Supermarkets. Likewise, shipping costs will be invoiced, which will be indicated on the Website before confirming the order, and the amount of which depends on the time of delivery and the weight of the order.
With regard to the redemption of coupons or promotions made by Lola Market, the Client must follow the instructions given in the Platform for redemption in each purchase, in accordance with the terms and conditions indicated in the offer. In any case, Lola Market reserves the right to cancel any discount coupon applied to the Platform if it considers that fraudulent use has been made of it.
The personal balance accumulated through the member get member program or through incentives to purchase will have a maximum validity of 6 months for its use. After this time Lola Market reserves the right to eliminate the accumulated personal balance.
The payment of the price of the selected Products may be made by credit card, other electronic payment methods equal or similar to PayPal and through other payment systems indicated at any time in the Platform. In order to proceed with the payment, the Customer must follow the instructions that appear on the screen depending on the payment system chosen.
As an electronic payment system, Lola Market is attached to the e-commerce payment gateways Stripe and Braintree. All data provided for these purposes are encrypted under the protocol SSL (Secure Socket Layers) to ensure maximum security of them.
The Client must notify Lola Market through the e-mail address info@lolamarket.com, as soon as possible, of any undue or fraudulent charge that may have been detected on his/her credit card or other means of payment, so that Lola Market may take the necessary steps to process the Client's request.
The Customer can obtain more information on the food composition of the products through the chat available on the Website or through info@lolamarket.com.
Lola Market will respond to the Client's request as soon as possible. The information to be provided is the same as that which the manufacturer of the Product provides to the general public. Lola Market is not responsible for verifying the veracity of the information provided by the manufacturer. Manufacturers may change the composition of Products, so it is important that the Customer always reads the labels, warnings and instructions included on the product packaging before consuming it.
In the event that the Customer intends to return a Product as a result of its poor condition, the Customer must inform Lola Market within a maximum of 24 hours, through the email address info@lolamarket.com. Lola Market will contact the Customer in order to inform them of the deadlines determined by the Supermarket and how to proceed with the return of the defective Product.
The Customer may cancel his order or modify the delivery strip without penalty up to two hours before the start of the delivery strip chosen by the Customer during the order confirmation process by calling the Lola Market 717 706 263 hotline, through the chat available on the Website or through info@lolamarket.com
With less than two hours notice before the start of the delivery period it is not possible to cancel an order or modify the delivery period and therefore the Customer is obliged to accept delivery. In the event that delivery cannot take place due to a refusal to receive or absence of the Client, the provisions of section 4.1 above shall apply.
Lola Market, with prior notification to the Client, reserves the right to cancel an order unilaterally if it considers that the appropriate conditions for doing so are not met. In such a case, Lola Market will notify the Customer of the cancellation prior to the requested delivery date and will refund to the Customer any amount received in relation to the cancelled order, without any compensation accruing in favour of the Customer.
Lola Market shall not be liable for any damages that may be caused to the Customer, to Supermarkets or to third parties that do not derive directly from the intentional or negligent action or omission of Lola Market.
Lola Market is not responsible for the availability of the Products in the Supermarkets, for the quality of the Products themselves or for variations in their prices. Product prices will depend on the pricing policies developed by Supermarkets. For this reason, the prices of the different Products shown in the service are merely indicative as it may be necessary to pay a higher price than indicated. In any case, in the event of a variation in the prices of the Products indicated in the Platform and those offered by the Supermarkets in their facilities at the time Shopper makes the purchase, Lola Market will proceed to inform the Client in the event of a considerable variation in price, in order to obtain its express agreement with the variation in price. The Customer will always be able to see in his digital ticket, which will be sent to the email address provided by the Customer, the final breakdown with all product prices. In addition the Customer will be able to view all details of their order and final pricing information in the "Order History" section of the Service.
These General Conditions shall be governed by the provisions of Spanish law.
Before any controversy relative to the conditions of use and access to this Platform contained in the present document of General Conditions of Contracting, the parts submit themselves, renouncing expressly to any other jurisdiction that could correspond to them, unless by legal imperative it is determined the opposite, to the Courts and Tribunals of the city of Valencia.
These General Conditions come into force on January 4, 2017.
"Lola Market Pro" is a program that Lola Market offers exclusively to Users companies and businesses (hereinafter, the "Business Users") that are already registered on the Website as Users at the time to request registration in the Platform.
Lola Market Pro is incompatible with the special promotions that Lola Market offers to its customers and that Lola Market designates in due course...
In order to register in Lola Market Pro, the business User must follow the instructions given in the Platform. In any case, at the end of the registration process, you will receive in your contact email a message confirming that you can already benefit from the advantages of Lola Market Pro.
The price that Business Users will have to pay to Lola Market at the moment of registering in Lola Market Pro 4,90€ fixed monthly.
All other charges will be made monthly on the first five (5) days of each month. The Business User will receive a communication in their contact email each month, to which the invoice corresponding to the Lola Market Pro payment will be attached. The form of payment will be the same selected by the Business User at the time of registration in the Platform.
The minimum stay in the Lola Market Pro is one month, automatically renewable month by month. Business Users who so wish may unsubscribe for any reason, provided that they notify info@lolamarket.com by e-mail at least three (3) days before the beginning of the following month.
Lola Market reserves the right to modify the price of Lola Market Pro as well as the conditions offered, prior reliable notification to the business User so that, if they so wish, they can accept them or, failing this, unsubscribe. Any modification or change made will be notified by communication addressed to the contact email of the Business User at least fifteen (15) days before the execution of the change. Under no circumstances may the absence of a response from the Business User be assumed as a tacit acceptance of the modification of the Lola Market Pro terms and conditions, including their price.
Likewise, Lola Market reserves the right to unilaterally cancel Lola Market Pro at any time and without specifying the reason, paying the client whose account has been cancelled the proportional amount corresponding to the period remaining until the date of its next renewal.
Promotech Digital S.L. / Legal Department
Calle Rafael Calvo 18, 4C
Madrid, 28010
legal@lolamarket.com
Madrid, 15 December 2017