General Conditions

These Terms and Conditions govern

• use of this Website, and,
• any other related Contract or legal relationship entered into with the Account Holder

in a legally binding manner. Capitalized words are defined in the specific appropriate section of this document.

Users should read this document carefully.

This Website is offered by:

Lola’s Chic
Meritxell Martínez Solé
Calle Abat Escarré 12
Els Hostalets de Pierola
08781 Barcelona
Spain

Owner’s contact email: info@lolaschic.com

“This Website” means

• this website, including its subdomains and any other website through which the Owner facilitates its Service;

The following documents are incorporated by reference into these Terms:

What the User Should Know at a Glance

• The Service/Website is intended for Consumers only.
• The right of withdrawal on this Website applies to all Consumers, regardless of their habitual residence. The right of withdrawal, also referred to as the right of cancellation in the United Kingdom, will be referred to in this document as the “right of withdrawal”.

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TERMS OF USE

Unless otherwise stated, the terms of use detailed in this section shall apply generally to the use of this Website.

In specific situations, individual or additional conditions of use or access may apply, and in such cases they will be further indicated in this document.

By using this Website, Users confirm that they meet the following requirements.

• Users must fall into the category of Consumers;

Account Registration

In order to use the Service, Users must register or create a User account, providing all the required data or information in a complete and reliable manner.
If you do not do so, the Service will not be available.

Users are responsible for the safekeeping of their access credentials with guarantees of confidentiality and security. For this reason, Users must also choose passwords that meet the highest standards of strength permitted by this Website.

By registering, Users agree to take full responsibility for all activities that take place under their username and password.
Users must inform the Owner immediately and unambiguously, using the contact details indicated in this document, in the event that they believe that their personal information, including, but not limited to, User accounts, access credentials or personal data, has been breached, improperly disclosed or stolen.

Conditions for account registration

The registration of User accounts on this Website is subject to the conditions set out below. By registering, Users agree to comply with such conditions.

• Accounts registered by bots or any other automated method are not permitted.
• Unless otherwise specified, each User shall register only one account.
• Unless expressly authorised, User accounts may not be shared with other people.

Account Cancellation

Users may cancel their accounts and stop using the Service at any time as follows:

• By contacting the Owner directly through the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete the Users’ accounts at any time and without prior notice, if it deems them inappropriate, offensive or considers that they violate these Conditions.

The suspension or deletion of User accounts shall not entitle Users to demand any compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User will not exempt said User from paying the applicable fees or prices.

Content on this Website

Unless otherwise specified or clearly recognizable, all content available on this Website is the property of the Owner or is provided by the Owner or its licensors.

The Owner undertakes to act with the utmost diligence to ensure that the content provided on this Website does not infringe any legal provision or violate the rights of third parties. However, it will not always be possible to achieve this goal.
In such cases, without prejudice to the legal prerogatives available to Users to enforce their rights, Users are requested to communicate complaints in this regard using the contact details provided in this document.

Rights relating to the contents of this Website

The Owner reserves all intellectual property rights over all such content.

Accordingly, Users may not use such content in ways that are not necessary or implied by the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

In cases where it is expressly established on this Website, the User may download, copy and/or share any content available through this Website solely for their personal and non-commercial use and provided that the copyright acknowledgments and all other acknowledgements requested by the Owner are correctly made.

Copyright limitations or exceptions set forth by law remain unaffected.

Access to external resources

Through this Website, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The terms applicable to remedies provided by third parties, including those applicable to any possible grant of rights in the content, are derived from the terms and conditions of such third parties or, in the absence of such third parties, from applicable laws.

Acceptable Uses

This Website and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable law.

Users shall be solely responsible for ensuring that their use of this Website and/or the Service does not violate any law or regulation or infringe the rights of third parties.

Accordingly, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to this Website or the Service, terminating contracts, reporting inappropriate conduct carried out through this Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users perform or are suspected of having done any of the following Activities:

• Violations of laws, regulations and/or these Terms;
• Violation of the rights of third parties;
• Cause substantial prejudice to the legitimate interests of the Account Holder;
• Offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Website, as part of the Service, are provided for consideration.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the specific sections of this Website.

In order to purchase the Products, the User must register or log in to this Website.

Product Description

Prices, descriptions or availability of Products are detailed in the relevant sections of this Website and are subject to change without notice.

Although the Products on this Website are presented as faithfully as technically possible, the representation on this Website by any means (including, as applicable, graphic materials, images, colours or sounds) is intended for reference only and does not imply any guarantee of the characteristics of the Product purchased.

The characteristics of the chosen Product will be described during the purchase process.

Purchase process

All the steps taken from choosing a Product to shipping the order are part of the purchase process.

The purchase process includes the following steps:

• Users must choose the Product they want and check their purchase selection.
• After having reviewed the information displayed in the purchase selection, Users will be able to place the order by submitting it.

All notifications regarding the purchase process described will be sent to the email address provided by the User for this purpose.

Prices

Users will be informed, during the purchase process and before the order is shipped, of all commissions, fees and costs (including, where applicable, shipping costs) that must be paid.

The prices on this Website are shown:

• including all commissions, fees and costs.

Offers and discounts

The Account Holder may offer discounts or make special offers for the purchase of Products. All such offers or discounts will be subject in any case to the eligibility criteria and the terms and conditions set out in the relevant section of this Website.

Offers and discounts are always granted at the sole discretion of the Owner.

Repeated or recurring offers or discounts will not create any action or right that Users may exercise in the future.

Depending on each case, discounts or offers are only valid for a limited time or while stocks last. If an offer or discount is limited in time, the time parameters will refer to the Owner’s time zone, as indicated in the Owner’s location data herein, unless otherwise indicated.

Coupons

Offers or discounts may be based on Coupons.

In the event of a breach of the conditions applicable to the Coupons, the Account Holder may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Without prejudice to the provisions set out below, any additional or divergent rules applicable to the use of the Voucher appearing on the relevant information page or on the Voucher itself shall prevail in all cases.

Unless otherwise stated, the following rules shall apply to the use of the Coupons:

• Each Coupon is valid only when used in the manner and within the time specified on the website and/or on the Coupon;
• Only one Coupon, in its entirety, may be applied at the time of purchase – partial use is not permitted;
• Unless otherwise stated, Single-Use Coupons may only be used once per purchase and therefore may only be applied on a single occasion even in cases involving purchases based on instalment payments;
• Coupons may not be applied cumulatively;
• Coupons may be redeemed only within the period specified in the offer. After this period, the Coupon will automatically expire, preventing any possibility for the User to claim the corresponding rights, including its exchange for cash;
• Users will not be entitled to any credit/refund/compensation in case there is a difference between the value of the Coupon and the value redeemed;
• Coupons are intended for non-commercial use only. Any reproduction, counterfeiting and marketing of the Coupons, along with any illegal activity related to the purchase and/or use of the Coupons, is strictly prohibited.

Payment methods

Information regarding the payment methods accepted during the purchase process will be provided.

Some payment methods will only be available subject to additional conditions or fees. In such cases, information relating to these may be found in the specific section of this Website.

All payments are processed independently through third-party services. Accordingly, this Website does not collect any payment information – such as credit card details – but only receives notification once the payment has been successfully completed.

If payment through the available methods fails or is denied by the payment service provider, the Account Holder shall have no obligation to execute the purchase order. All possible costs or commissions resulting from the failed or denied payment will be borne by the User.

Reservation of title to the Product

Until the Account Holder has received full payment of the purchase price, the User shall not acquire ownership of the Products that are the subject of the order.

Delivery

Deliveries will be made to the address indicated by the User and in the manner specified in the order summary.

Once the delivery has been made, the Users must check the content of said delivery and notify any anomaly without undue delay, using the contact details indicated herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Deliveries of goods are made to the countries or territories specified in the relevant section of this Website.

Delivery times are specified on this Website or during the purchase process.

Unless otherwise specified on this Website or a different term has been agreed with Users, the Products will be delivered within thirty (30) days of purchase.

Failed delivery

The Owner cannot be held liable for errors in delivery due to inaccuracies or the User’s failure to complete the execution of the purchase order, nor for any damage or delay occurring after delivery to the carrier if the latter has been arranged by the User.

If the goods are not received or collected at the specified time or within the specified timeframe, the goods will be returned to the Owner, who will contact the User to arrange a second delivery attempt or agree on how to proceed in the future.

Unless otherwise agreed, any delivery attempt after the second will be at the User’s expense.

Users’ Rights

Right of withdrawal

Unless an exception applies, Users may withdraw from the contract within the period indicated below (generally 14 days), for any reason and without the need for justification. Users can obtain more information about the withdrawal conditions in this section.

To whom the right of withdrawal applies

The right of withdrawal is a right created for European Consumers in the case of distance contracts (due to the fact that the User cannot see or try the Products before concluding the contract). The withdrawal from the contract terminates the obligation of the contracting parties to perform the contract.

On this Website the right of withdrawal applies to all Consumers, regardless of where they are located.

Except in the event that any of the exceptions mentioned below are applicable, where applicable, Users who are Consumers have the right to withdraw from the contract within the indicated period that is applicable to their case, for any reason and without the need for justification.

Users who do not fall into this category will not be able to enjoy the rights described in this section.

Exercise of the right of withdrawal

In order to exercise the right of withdrawal, Users must send the Owner an unequivocal declaration of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form that appears in the “definitions” section of this document. However, Users are free to express their intention to withdraw from the contract by making an unequivocal statement in any other way that may be appropriate. In order to comply with the period within which this right must be exercised, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period end?

• With regard to the acquisition of goods, the withdrawal period will expire 14 days from the day on which the User or a third party – other than the carrier and indicated by the User – takes physical possession of the goods.
• With regard to the acquisition of several goods ordered in the same order but delivered separately or in the case of the acquisition of a single good consisting of multiple components or parts delivered separately, the withdrawal period shall expire 14 days from the day on which the User or a third party – other than the carrier and indicated by the User – acquires physical possession of the last good, component or part.

Effects of withdrawal

The Owner will reimburse Users who correctly withdraw from a contract for all payments made to the Owner, including, where applicable, those used to cover shipping costs.

However, additional costs arising from the choice of a particular shipping method other than the least expensive standard shipping method offered by the Account Holder will not be refunded.

Such reimbursement will be made without undue delay and, in any case, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, refunds will be made using the same means of payment used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

… on the acquisition of tangible goods

Unless the Owner has offered to collect the goods, Users must send the goods back or deliver them by hand to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any case within a period of 14 days from the date on which they communicated their decision to withdraw from the contract.

The time limit shall be deemed to have been met if the goods are delivered to the carrier or otherwise returned as indicated above, prior to the expiry of the 14-day period for the return of the goods. The refund may be withheld until receipt of the goods or until the Users have provided proof that they have returned the goods, whichever comes first.

Users will only be responsible for the decrease in value of the goods derived from the handling of the goods that exceeds what is necessary to establish their nature, characteristics and operation.

The costs of returning the goods will be borne by the User.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to contracts:

• for the supply of goods made to consumer specifications or otherwise clearly personalised;
• for the supply of sealed goods which are not fit for return for reasons of health protection or hygiene and which have been unsealed after delivery;

Guarantees

Legal guarantee of conformity for goods

Under European Union law, for a period of 2 years from delivery, traders will ensure the conformity of the goods they sell. This means that traders must ensure that the goods purchased are of the promised quality, or the quality that is reasonably expected, functionalities or characteristics, for a minimum of two years from when they were delivered to the buyer.

Where Users fall into the category of European Consumers, the legal guarantee of conformity for goods shall apply to the items available on this Website in accordance with the law of the country of their habitual residence.

The national laws of that country may grant Users broader rights.

Consumers who do not fall into the category of European Consumers may enjoy the rights arising from the legal guarantee in accordance with the regulations of the country of their habitual residence.

Money-back guarantee for goods

Without prejudice to the rights established by law that are applicable, the Owner grants Users the right to cancel a purchase with which they are not satisfied, and to obtain a refund, within 15 days from the day of delivery of the purchased goods.

The Account Holder will refund the price of the purchased Product using the same payment method used in the original transaction.
In order to be able to use this right, Users must send an unequivocal notification to the Owner. Although no reason is specified, Users are requested to specify the reason for exercising the money-back guarantee.

Within the same period set out above, Users must also return the purchased goods to the Owner at their own expense, ensuring that they have not been damaged, that they are clean and suitable for resale. The goods must be returned in their original packaging.
Upon receipt of the goods, the Account Holder shall verify that all the conditions applicable to the money-back guarantee are met and, in this case, shall refund the purchase price.

Liability and Disclaimer

Users in the European Union

Disclaimer

Users agree to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-brand owners, partners and employees from and against any claim or demand – including, but not limited to, attorneys’ fees and costs – made by any third party due to or in connection with any negligent use of or connection with the Service, a violation of these Terms, an infringement of the rights of third parties or infringement of provisions established by law by the User or its affiliated companies, officers, directors, agents, co-brand owners, partners and employees to the fullest extent permitted by applicable law.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to the provisions relating to civil liability arising from products established by law, Users may not claim damages against the Owner (or against any natural or legal person acting on its behalf).

The foregoing shall not apply to damage affecting life, health or physical integrity, damages resulting from breach of an essential contractual obligation, such as any obligation that is strictly necessary to achieve the objective of the contract, and/or to damages resulting from intent or gross negligence, provided that the User has used this Website appropriately and correctly.

Unless the damage has been caused by intent or gross negligence, or affects life, health or physical integrity, the Owner shall only be liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.

In particular, within the limits set out above, the Account Holder shall not be liable for:

• Any loss of business opportunities, as well as any other loss, including indirect, suffered by the User (including, but not limited to, business losses, loss of revenue, profits, profits or expected savings, loss of contracts or business relationships, reputational damage or goodwill, etc.);
• Damage or loss resulting from interruptions or problems in the operation of this Website due to acts of force majeure or unexpected or unforeseeable events and, in any case, beyond the control or control of the Owner, including, but not limited to, failures or disturbances of telephone or electricity lines, the Internet and/or any other means of transmission, unavailability of websites, strikes, natural disasters, computer viruses and cyberattacks, interruptions in product shipments, the provision of third-party services or applications;
• Any damages or losses that are not a direct consequence of the Owner’s breach of the Conditions;

Common provisions

No waiver

The failure to exercise any right or failure to rely on any provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed to constitute a further or continuing waiver of such term or any other term.

Service interruption

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance work, system updates or any other changes, duly informing the Users.

Within the limits of the law, the Owner may also decide to suspend or cancel the Service entirely. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

In addition, the Service may be unavailable due to reasons beyond the Owner’s reasonable control, such as “force majeure” (e.g. labor protests, infrastructure breakdowns or blackouts, etc.).

Service Resale

Users shall not reproduce, duplicate, copy, sell, resell or exploit any part of this Website and its Service without the prior, express and written authorisation of the Owner, granted either directly or through a legitimate resale programme.

Privacy Policy

For more information on the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual Property Rights

Without prejudice to any more specific provisions of these Terms, intellectual property rights, such as copyrights, trademark rights, patent rights and design rights relating to this Website are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All trademarks – whether word or graphic – and any other trademarks, trade names, service marks, word signs, illustrations, images or logos appearing in connection with this Website are and shall remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

Changes to these Terms

The Owner reserves the right to change or otherwise modify these Terms and Conditions at any time. In such cases, the Owner will adequately inform Users of such changes.

Such changes will only affect the relationship with Users for the future.

Continued use of the Service shall indicate Users’ acceptance of the modified Terms. If Users do not wish to be bound by these changes, they must stop using the Service. Failure to accept the amended Terms will entitle either party to terminate the Agreement.

The previous applicable version will regulate the relationship before the User’s acceptance. Users may obtain any previous version from the Owner.

If required by applicable law, the Account Holder shall specify the date from which the amended Terms will come into force.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract any of the rights or obligations established in accordance with these Conditions, taking into account the legitimate interests of the Users.

The provisions relating to changes to these Terms shall apply mutatis mutandis.

Users may not assign or transfer their rights or obligations under these Terms in any way, except with the written permission of the Owner.

Contact

All communications regarding the use of this Website must be sent using the contact details indicated in this document.

Possibility to separate a layout

In the event that any provision of these Terms is declared or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

Users in the European Union

In the event that any provision of these Terms is void, invalid or unenforceable, or is declared as such, the parties shall exercise the utmost diligence to amicably agree on valid and enforceable provisions to replace the void, invalid or unenforceable parts.
In the event that such an agreement is not reached, the void, invalid or unenforceable provisions will be replaced by the applicable provisions established by law, if the applicable regulations allow or provide for it.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a particular provision of these Terms shall not void the Contract as a whole, unless the provisions which are severed are essential to the Contract, or are of such importance that the parties would not have entered into the contract if they had known that those provisions would not be valid, or in cases where the remaining provisions would give rise to unacceptable hardship for either party.

Applicable law

These Terms are governed by the laws of the place where the Owner is based, as stated in the relevant section hereof, without regard to principles of conflicts of law.

Exception for European Consumers

However, without prejudice to the foregoing, if the User falls into the category of European Consumer and is habitually resident in a country whose law establishes higher standards of consumer protection, such higher standards shall prevail.

Jurisdictional jurisdiction

The exclusive jurisdiction to resolve any dispute arising out of or related to these Terms rests with the courts of the place where the registered office of the Owner is located, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing provisions shall not apply to Users who fall into the category of European Consumers, or to Consumers residing in Switzerland, Norway or Iceland.

Conflict resolution

Amicable dispute resolution

Users may raise any dispute with the Owner, who will try to resolve it amicably.

Although the Users’ right to take legal action shall not be affected at any time, in the event of a dispute regarding the use of this Website or the Service, Users are requested to contact the Owner using the contact details indicated in this document.

The User may make his/her complaint including a brief description and, if relevant, the details of the order, purchase or account to which it refers, by sending them to the email address of the Account Holder specified herein.

The Owner will process the complaint without undue delay and within 5 days of its receipt.

Online Dispute Resolution for Consumers

The European Commission has established an online platform for alternative dispute resolution that provides an out-of-court method of resolving disputes related to or resulting from online sales and service contracts.

Accordingly, any European Consumer or Consumer located in Norway, Iceland or Liechtenstein may use this platform to resolve disputes arising from contracts concluded online. The platform is accessible through the following link.

Legal definitions and references

This Website (or this Application)

The property that enables the provision of the Service.

Contract

Any legally or contractually binding relationship established between the Owner and the User, regulated by these Conditions.

Coupon

Any code or voucher, whether in printed or electronic form, that allows the User to purchase a Product at a discounted price.

European (or Europe)

It is applicable when a User is physically present or has its registered office within the territory of the European Union, regardless of their nationality.

Model withdrawal form

*Attn:

Lola’s Chic Meritxell Martínez Solé Calle Abat Escarré 12 Els Hostalets de Pierola, 08781 Barcelona, Spain
info@lolaschic.com

I/We communicate/communicate my/our intention to withdraw from my/our contract of sale of the following goods/for the provision of the following service:.

_____________________________________________ (insert a description of the goods/services to which the relevant withdrawal relates)

• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Consumer(s):_____________________________________________
• Address of consumer(s):_____________________________________________
• Date:_____________________________________________

(sign if this form is communicated in paper format)

Owner (or We)

It designates the natural or legal person who provides this Website and/or the Service to Users.

Product

A good or service available for purchase or procurement through this Website, such as tangible goods, digital files, software, booking services, etc.

The sale of Products may be part of the Service, as defined above.

Service

The service provided by this Website as described in these Terms and on this Website.

Conditions

All provisions applicable to the use of this Website and/or the Service as described herein, including all other related documents or agreements and in their updated versions in force from time to time.

User (or You)

Designates any natural or legal person who uses this Website.

Consumer

Any User who, being a natural person, accesses goods or services for their personal use, or more generally, who acts for purposes unrelated to their economic activity, business, trade or profession.

Last Revised: 21 October 2022