August-2023
Lokali.Shop is provided by [Market Ethically Ltd and its Development Partners] (herein after “Lokali", "we", "us" or "our") and makes available online (via www.Lokali.Shop | www.Vendors.Lokali.Shop | Lokali.Shop ios and android mobile application) a bespoke shopping marketplace platform (hereinafter “the Platform”) for e-commerce. The Platform allows individuals/users/the public acting in their personal capacity as consumers (hereinafter "Buyers" “you”, “your”, “Users”) to be put in contact with professional sellers (hereinafter "Sellers",) with a physical/online point of sale in The United Kingdom with the aim of purchasing items, Platforms, products et al. (hereinafter "Products") at a monetary value denoted by Sellers.
The present Terms of Use and Sale for Users (hereinafter "Terms") apply to any order of Products placed by a Buyer with a Seller after acceptance of the same at the time of each purchase. The Terms may be modified or adapted at any time at Lokali’s discretion. The applicable Terms are those in force on the day the Buyer creates a Platform account and/or the Buyer places and order from the Seller and/or an order of Products is deemed accepted by the Seller and/or at the time of each sale of Products on the Platform.
Before accessing the Platform or using the Platform made available by Lokali, you must agree to be bound by these Terms. These applicable terms are also in force on the day the Buyer places an order for Products which is deemed accepted by the Seller at the time of each sale of Products on the Platform.
These TERMS may, if necessary, be supplemented by the Seller's terms and conditions, in particular with regard to delivery times and costs, the conditions for returning a Product, and any commercial guarantees granted by the Seller, are subject to compliance with these TERMS.
Article 1 – Object and Access
1.1 Purpose. The Platform allows sellers to sell products online to the buying public i.e. Buyers. The purpose of the Platform is to present to Buyers the businesses in The United Kingdom (hereinafter referred to as "the area"), and in particular their products offered and practical information relating to the Sellers as listed on the Platform. In addition, the Platform makes available and enables Buyers, acting in a personal capacity as consumers, to be put in contact with the Sellers with the aim of purchasing new products offered at a fixed price. Purchases made by Buyers on the Platform are governed by these Terms. In order to use, or in using the Platform, you agree to be bound by these Terms without restriction or reservation. Sales made through the Platform between Buyers and Sellers are governed by these Terms which must also be accepted by the Buyer at the time of each purchase.
1.2. Access. You acknowledge that your relationship with Lokali is limited to the interaction, search, browse and/or purchase of Product offerings by Sellers on the Platform. Such actions on the Platform does not create an employment, agent, franchise, sales representative or partnership relationship and you are acting exclusively on your own behalf (or that of your company). Access to the Platform by Buyers is reserved for strictly personal use. When using the Platform, the Buyer declares that they are acting in a private capacity.
1.3. Buyer Account. Lokali recommends that in order to optimally access the Platform, any Buyer should create a customer account in accordance with these Terms. The creation of the Buyer’s customer account ("the Customer Account") on the platform is automatically subject to these Terms which the User declares that they accepts. The creation of a Customer Account requires the User to complete the online membership form containing information strictly necessary for the management of the Customer Account. Lokali reserves the right to restrict access to the Platform to Users who have registered by creating a Customer Account on the Online Platform. Access to the restricted areas of the Online Platform, if any, is via a user identification code ("User ID") and a password. The User undertakes to keep their user ID and password secret and not to disclose them to any third party. Indeed, the User shall be solely responsible for accessing the Service using their user ID and password, unless there is evidence of fraudulent use that is not attributable to him/her.
In the event of loss, misappropriation or fraudulent use of your login and/or password, the User undertakes to immediately notify Lokali's customer service department. In order to use the Online Platform, the User must have a valid means of payment. These data are encrypted and neither the Online Platform, the Sellers nor Lokali can have access to them. The opening of an account and the use of the Service are free of charge (except for any connection costs, the price of which depends on your electronic communication operator), with no obligation to purchase on the Platform. Only the purchase of Products from Sellers is subject to payment, under the conditions set out in the TERMS.
A User is authorised to access the relevant user areas of the Online Platform, subject to the following conditions:
being, at the time of registration, 18 years of age or older,
certify that all information provided is accurate,
not to create additional accounts for the purpose of misusing certain features of the Online Platform or other users for malicious purposes not to impersonate any other user.
The User can access their Customer Account and some of the information in their Customer Account in the "My Account" section of the Online Platform.
The User may also request any modification to:
Lokali.Shop C/O Market Ethically Ltd
Top Floor, 1A High St, Inverurie
Aberdeenshire, United Kingdom, AB51 3QA
Or by email : support@lokali.shop
If a User fails to comply with these TERMS, Lokali may at any time, at its sole discretion, deactivate a User's login and password and otherwise cancel the User's right to access the Online Platform.
Article 2 – Reasonable Usage
2.1. Users must make reasonable use of the Online Platform. Users are not permitted to:
reproduce, duplicate, copy, sell, retransmit, distribute or exploit the Online Platform and its contents for commercial or non-commercial purposes
collect product listings, descriptions or prices;
use the Online Platform or its contents for any purpose that is incompatible with its primary purpose;
download or copy the information for the benefit of another company;
use data mining, robots or similar data gathering and extraction tools.
2.2. You may not misuse the Online Platform by intentionally introducing viruses or other malicious or technologically harmful programs, attempt to gain unauthorised access to the Online Platform, or attack the Online Platform via any denial-of-service attack. Lokali reserves the right to suspend or terminate any User's access to the Online Platform at any time if the Online Platform is not used in accordance with these Terms of Use.
2.3. Your use of the Platform must comply with all applicable laws and regulations. In connection with your use of the Platform, you will not, except as permitted by applicable law, assist or permit others to: (i) violate or circumvent any applicable law or regulation, any third party agreement, any third party right, these Terms, or any other applicable policy or rule; (ii) promote or encourage any criminal activity or provide information about illegal activities; (iii) use the Platform in a deceptive, fraudulent, abusive, or misleading manner; (iv) use the Platform for any commercial or other purpose not expressly permitted by these Terms or in a manner that suggests a partnership with LOKALI ; (v) copy, store, or otherwise access or use any information, including personal data of another user, in a manner that is inconsistent with these Terms or that violates the privacy of Sellers or third parties or applicable law; (vi) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vii) use the Platform, or information obtained in connection with the Platform, in connection with the distribution of unlawful commercial messages, including "spam" or other forms of unlawful solicitation; (viii) use the Platform to circumvent service fees or actively encouraging potential Buyers through the Platform to purchase Products directly from Seller and not on the Platform); (ix) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or engage in any other violent, harmful, abusive or disruptive conduct; (x) threaten, exploit or otherwise harm children; (xi) act in a manner that adversely affects or could adversely affect the performance, safety or proper functioning of the Platform; (xii) act in a manner that damages the image and reputation of the Platform and LOKALI .
2.4. Unless otherwise stated, the Online Platform, and in particular its design, texts, content, layout and any other element relating to it, belong to Lokali and are protected by Copyright. Lokali is the owner or licensee of all economic rights relating to the Online Platform.
Article 3 – Availability, Features and 3rd Party Links
3.1. No Guarantee of Availability. LOKALI does not guarantee the uninterrupted availability or accessibility of the Platform and may, on occasion, restrict the availability of all or part of the Platform or any of its features without notice, at any time and for any reason related to the general operation of the Platform, including to maintain the security or integrity of the Platform or to perform maintenance. Lokali may also decide to change the features and functionality of the Platform without notice, at any time and for any reason. Lokali undertakes to use all means at its disposal to ensure quality access to the Online Platform and to make it available.
However, access to the Online Platform may be interrupted, suspended or modified from time to time without prior notice, in particular for maintenance purposes, without Lokali being held responsible, which the User acknowledges. The User therefore undertakes not to claim any compensation from Lokali in the event of interruption, suspension or modification of access to the Online Platform. Lokali shall not be held liable for any event due to force majeure resulting in a malfunction of the network or the server. Lokali reserves the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Online Platform (or any portion thereof) and/or the information, documents, products and/or services made available to Users on the Online Platform (or any portion thereof) with or without notice.
3.2. LOKALI may from time to time offer access to features or parts of the Platform that are classified as beta features. Access to and use of beta features may be subject to additional agreements. LOKALI does not guarantee that any Beta Feature will ever be generally available and reserves the right to discontinue or modify any Beta Feature at any time without notice. Beta Features are provided "as is" and may contain bugs, errors or other defects.
3.3. Links to third party services. In the event of the Platform containing links to third party sites or resources ("Third Party Services"). These Third Party Services are subject to different terms and conditions and privacy policies. LOKALI is not responsible for the availability or quality of these Third Party Services. Links to such Third Party Services do not constitute an endorsement by LOKALI of such Third Party Services and use of such Third Party Services is at your own risk.
3.3. The Online Platform may contain links to online Platforms operated by unrelated companies and individuals ("Third Party entities"). Lokali takes care to carefully select the Third Party entities linked to the Online Platform that may sell products or services. Third party entities may display their logo or indicate an association with Lokali. When a User follows a hyperlink to a Third party entities, the Third party entities may be featured by the Online Platform or display their logo. However, Third party entities are governed by their own Terms and Conditions of Use and Terms and Conditions of Sale where applicable, so :
The inclusion on the Online Platform of links to any Third party entities(s) does not imply that Lokali approves, endorses or accepts any responsibility for the Third party entities(s), their content, use, purchase and use of products and/or services offered through such Third party entities(s),
Lokali does not research or monitor Third party entities for accuracy, completeness or compliance with applicable law. Accordingly, Lokali shall not be responsible for the content of any Third party entities and shall not be liable for any damage or loss caused as a result of using any Third party entities,
The products and services sold by Third party entities, if any, are governed by the Terms and Conditions of Sale of the Third party entities. Lokali shall therefore not be liable in any way in this respect.
3.4. Any User may create a redirect link to our Online Platform in their online and social third party channels or in a document created by him without Lokali’ prior written consent, provided that such link does not harm the Online Platform and/or Lokali. Also, a link created by a User in their online and social third party channels does not imply any endorsement by Lokali of their content. In the event that a redirect link to our Online Platform is inserted into their own online and social third party channels whose content is illegal, threatening, defamatory, obscene, pornographic or could constitute or encourage conduct that would constitute a breach of the law, or in any way denigrate the services and brands of Lokali or its partners. Lokali reserves the right to require the User to remove the redirect link from their own online and social third party channels. In any event, the User is solely responsible for their own online and social third party channels in which they insert a link to our Online Platform.
Article 4 – Products, Descriptions and Liability
4.1. The Platform consists of a set of tools allowing Sellers to connect with Buyers in order to offer them Products for sale, to list and describe these Products, to accept orders placed by Buyers, to collect the price of the Products purchased and to manage the after-sales Platform for the Products sold. The Buyer may select one or more Products from the various categories offered on the Platform. Apart from promotional operations specifically organised by Lokali, Lokali makes available to Buyers, on the Online Platform, information relating to the Products, Platforms or promotional operations communicated to it by the Sellers, who are solely responsible for them.
4.2. In accordance with the provisions of the relevant Consumer Codes the Buyer can, prior to placing an order, find out on the Platform the essential characteristics of the Product(s) listed by Sellers they wish to order by going to the product sheet of the selected item. The offers are provided by the Sellers, who are solely responsible for the information provided on the Product. Except as otherwise provided herein, Sellers are the owner Products and LOKALI does not claim any ownership rights of any Products. LOKALI may, in its sole discretion and without notice or liability, modify, delete, cancel, terminate or deactivate any Seller information, including Product listings, that LOKALI reasonably determines to be in violation of applicable law or these Terms, or to comply with applicable law or court order, including in response to takedown requests made by third parties claiming that their rights are being violated.
4.3. The prices displayed by Sellers on the Platform are valid as long as they are visible on the Platform. However, the Platform Lokali.shop reserves the right to cancel and refund your order in case of an erroneous price, obviously derisory, whatever the reason (computer bug, manual error, technical error ...) Lokali invites any Buyer to check the information concerning a Seller or a Product offered by a Seller. The selling price of each Product is indicated on the Platform by the partner Seller. Only this price is valid, to the exclusion of any other selling price that may be indicated on anything out with Platform.
4.4. The prices displayed are exclusive of delivery costs, unless otherwise stated. The delivery costs will be indicated before the final validation by the Buyer and are freely fixed by either Lokali or the Seller.
4.5. All information, descriptions, prices and other information relating to the products and/or Platforms on the Online Platform are of a general nature. Lokali does not guarantee that a Product or Platform listed on the Online Platform will be available or in stock on the day of the Buyer's visit.
4.6. Sale of wines, alcohols, spirits or age-restricted items. In accordance with relevant legislations pertaining to each category of product, the sale of age-restricted products is strictly prohibited to those who do not meet age or capacity requirements. Consequently, by registering and placing an order on the Platform, the Buyer acknowledges that they are of age and therefore have the legal capacity to conclude the sale. Receipt and/or delivery fulfilment of age-restricted products will be the responsibility of either the Seller (at point of collection and/or delivery fulfilment), or Lokali, if apllicable (at point of delivery fulfilment).
Article 5 – Ordering Products
5.1. Any order placed through the Platform implies the express and unreserved acceptance of these TERMS. The order will only be validated and taken into account after full payment of the price of the Product in principal and accessories. The order is binding on the Buyer as soon as they confirms their payment by clicking on "Validate".
5.2. When a Seller sells a Product to a Buyer on the Platform and the Buyer purchases through the Platform, said confirmation constitutes a legally binding agreement between the Seller and the Buyer (the "Sale Agreement"). LOKALI is not a party to the Sales Agreement and does not act as an agent for the Sellers. Under the terms of the Sale Agreement, the Seller shall provide a Product as described on the Platform and the Buyer agrees to pay for it. The terms of the Sales Agreement include: (i) the information about the Product provided by Seller as part of the ordering process; and (ii) the information set forth in this section and all other provisions of these terms relating to the sale of Products on the Platform.
5.3. When a Seller sells a Product to a Buyer on the Platform and the Buyer purchases through the Platform
- The Buyer receives an initial notification of this by the Platform, and Lokali via email, acknowledging your order of Products and to await further notification on confirmation
- Once the Seller has confirmed Products can be fulfilled on the Platform, the Buyer receives a second notification of this by the Platform, and Lokali via email, in the form of a confirmation
- This is followed by a third notification/email outlining fulfilment details
- A fourth notification/email is then sent confirming receipt of item when fulfilled.
5.4. Lokali shall not be held responsible for any action carried out by a third party to whom the Buyer has communicated their identifiers or who has had access to the Customer account as a result of negligence on the part of the Buyer.
5.4. The Buyer undertakes to ensure that the information provided when ordering is complete, accurate and up to date. The order may be made for a delivery fulfilment address different from the billing address.
5.5. Lokali shall inform the Seller that an order for one or more of its Products has been placed by a Buyer. The Seller is solely responsible in case of unavailability of the Product. The Seller has forty-eight (48) working hours to confirm the availability of the Products and to definitively confirm availability of the order. If the Seller confirms the availability of the Products, the sales contract is definitively concluded between the Buyer and the Seller. If the Buyer does not receive a reply on the availability of the Products within (3) working days after Lokali has notified the Seller of the order, the order is automatically cancelled and the Buyer's account will be reimbursed for the amount of the Products in the order.
Article 6 – Order and Products Fulfilment
6.1. Fulfilment of Products purchased on the Platform by Buyers are, under most conditions, provided by the Seller.
6.2. The Platform offers the following types of order fulfilment:
- Click and collect of orders by the Buyer to be fulfilled at the Seller’s premises or designated collection point. The Buyer will not be charged with a fulfilment amount for Products collected at Seller’s premises or designated collection point.
- Home delivery for orders to be delivered out with Lokali’s operational areas (i.e. out with the areas of Inverurie, Aberdeenshire and Kintore, Aberdeenshire) will be delivered by, and is the sole responsibility of, the Seller, at the discretion of the Seller to fulfil such delivery with regards to weight, size, delivery costs) for non-perishable goods only. The Buyer will be charged a non-fundable amount of £4.95 for such fulfilment.
- Home delivery for orders to be delivered within the Lokali’s operational areas (restricted to Inverurie, Aberdeenshire and Kintore, Aberdeenshire only) will be delivered by, and is the sole responsibility of, Lokali, at the discretion of Lokali to fulfil such delivery with regards to weight, size, delivery costs) for non-perishable goods only. The Buyer will be charged a non-refundable amount of £4.95 for such fulfilment.
6.3. Home Delivery Fulfilment: Further Information. The delivery times for Products offered by the Sellers are calculated in working days upon validation of the order by the Seller and Lokali with approximate fulfilment delivery times given directlyto the Buyer by Lokali. The times indicated correspond to the processing, preparation and dispatch times of the orders, as well as the delivery time of the mode used. They start as soon as the availability of the ordered product is confirmed and delivery times must always be regarded as approximate. When indicated processing times exceed the approximate time provided, the Seller must and is solely responsible for informing The Buyer via contact details supplied and contained within the order with an updated approximate delivery time.
6.9. It is the sole responsibility of the Seller to ensure reasonable care and due process has been taken to fulfil delivery with adequate tracking information provided. The Buyer is responsible for the accuracy of the address given. Neither Sellers nor Lokali can be held responsible for non-order fulfilment due to an invalid, incorrect or incomplete address. If such a case should occur, the Buyer is responsible for and advised to contact the Seller immediately.
Article 7 - Right of withdrawal: Cancellation
7.1. In accordance with the legal provisions in force, within the framework of a purchase made from a professional Seller, the Buyer has a period of (14) days from the receipt of the Product(s) ordered to exercise their right of withdrawal or return, without having to justify his reasons or to pay any penalty. To exercise their right of withdrawal, the Buyer must send a request to the Seller via: www.vendors.lokali.shop/customer-query
7.2. Cancellation by Buyer. If the Buyer cancels a sale due to error or any other reason prior to commencement of fulfilment (i.e. yet to be confirmed as suitable for fulfilment by the Seller), the price debited of the Products will automatically be credited back to the Buyer minus any associated delivery fulfilment charged credited to the Seller or Lokali.
7.3. Cancellation by Seller. If the Seller cancels a sale due to inability to fulfil for stock, availability or any other reason, in accordance with these Terms, the Buyer will be automatically refunded.
7.4. Cancellation by LOKALI. Without limiting LOKALI's other rights hereunder, LOKALI may cancel a sale if LOKALI believes that the Sellers and/or Buyers are in breach of applicable law, these Terms, or any other contract with LOKALI or to comply with a court order. If LOKALI cancels a sale in accordance with these Terms, the Buyer will be automatically refunded.
Article 8 – Returns and Refunds
8.1. Returns and Refunds (i). As transactions are concluded directly between Sellers and Buyers, LOKALI is not a party to the sale, however, the Platform provided by LOKALI allows for the organisation of refunds, returns and cancellations between Sellers and Buyers. All products can be retracted, except those excluded by the relevant Consumer Codes, for example products that have been personalised, products that have been unsealed and cannot be returned for reasons of display, resale, hygiene (e.g. cosmetics, underwear, swimwear, tights worn, socks), audio or video recording products or unsealed computer software (non-exhaustive list).
8.2. Returns and Refunds (ii). In accordance with the legal provisions in force, within the framework of a purchase made from a professional Seller, the Buyer has a period of up to (14) days from the receipt of the Product(s) ordered to exercise their right of withdrawal or return, without having to justify his reasons or to pay any penalty. When a Buyer wishes to return Products that have been confirmed as suitable for fulfilment by the Seller and/or the Buyer is in receipt of the Products, the Buyer, to exercise their right of withdrawal, The Buyer must send a request to the Seller via: www.vendors.lokali.shop/customer-query
8.3. Returns and Refunds (iii). When a Buyer wishes to return Products that the Seller has confirmed as suitable for fulfilment (i.e. shipped for delivery or has been collected and/or the Buyer is in receipt of the Products) the Buyer must send a request to the Seller via: www.vendors.lokali.shop/customer-query to exercise their right to do so. LOKALI is not a party to the sale, however, the Platform provided by LOKALI allows for the organisation of refunds, returns and cancellations between Sellers and Buyers. LOKALI automatically send your query to the relevant Seller to liaise directly with the Buyer to initiate the Returns and Refunds process, if applicable. If Products are eligible for return and refund, the Buyer has a period of up to (14) days from the Seller’s initiation of the Returns and Refunds process of the Product(s) ordered to return the products in a condition accepted by the Seller and, in most situations, in its original packaging. The products must be returned directly to the Seller address indicated by the Platform. Products must not have been worn, washed or damaged and must be returned intact with any accessories, user manuals and other documentation. They must be packaged in suitable packaging that will protect the product during transport if this is the chosen means for Product return by the Buyer in lieu of in-person returns at the Seller’s premises. Buyers will be solely responsible for paying for returns shipping costs. It is at the Seller’s judgement and discretion on whether returned products fall within an acceptable return condition.
8.4. Returns and Refunds (iv). Upon the Seller’s confirmation to Lokali and the Platform that the Products have been returned and meet the above requirements, the Buyer will either have their product replaced by the Seller or the Buyer will be reimbursed as per these TERMS. The refund of returned, with no replacement, Products shall then be made by LOKALI under the following conditions: LOKALI will proceed with the reimbursement of the sums paid by the Buyer for Products only (Buyer’s initial delivery fulfilment charge is non-refundable); at the latest within 14 days from the date Products were received by the Seller in a condition accepted by the Seller and Lokali and the Platoform were suitably informed of this; according to the Buyer’s same means of payment as the one used for the order.
8.5. Returns and Refunds (v). If a Buyer seeks a refund outside of these Terms, or a buyer and seller use a return process out with the aforementioned process, i.e without Buyer and/or Seller notifying Lokali, LOKALI are not liable for any associated costs for either the Seller of Buyer but, in this event LOKALI will proceed with the reimbursement of the sums paid by the Buyer for Products only on an individual case-by-case basis pending investigation outcomes.
8.9. Applicable Legal Warranties. By placing an order on the Platform, the Buyer can benefit from a guarantee on their product, if it is eligible. In case of problem or doubt, they should contact the Seller immediately. In accordance with legal provisions, consumer Buyers benefit from legal warranties of conformity and against hidden defects against professional Sellers. Products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging that allows for transport in good conditions.
Article 9 – Payment
9.1. Payment is made online when the order is confirmed. Payment for orders placed via the Platform is made to Lokali, which collects the funds on behalf of the Seller.
9.2. They take into account the VAT at the current rate and any discounts applicable on the day of the order. However, the Platform Lokali.shop reserves the right to cancel and refund your order in case of an erroneous price, obviously derisory, whatever the reason (computer bug, manual error, technical error ...)
9.3. Payments by Buyers are made by debit/credit card (e.g. Visa, Mastercard, American Express), ApplePay/GooglePay and, in some occasions, through the Scotland Loves Local Gift Card. These payment cards must be issued by a bank or financial institution located in the European Union.
9.4. Any discount vouchers and promotional codes issued by Lokali can be used for purchases made via the Platform, However, the promotional codes and discount vouchers valid on the Online Platform are not valid in the physical shops present on the territory of The United Kingdom. Similarly, a credit note or voucher issued by Sellers in the United Kingdom is not applicable on the Platform. These codes are valid once per Buyer, on the entire Platform (unless otherwise stated). They can be combined with current discounts (unless otherwise stated). Some codes are limited in time and in the maximum purchase. The Platform will not be held responsible if the code is lost. If the Platform detects any use contrary to these TERMS, it reserves the right to cancel the order in progress.
9.5. Thanks to the technical characteristics of the encryption software used on the Platform, the bank details (credit card number, expiry date and CVC) communicated by the Buyer cannot be intercepted by third parties. By communicating their bank details, the Buyer accepts in advance and unconditionally that Lokali’ Platform provider may carry out the secure transaction and payment processing. Authorisation to debit the Buyer's account is always given for the amount of the Product purchased as invoiced by Lokali. For security reasons, if the Buyer wishes to associate their payment card with a new delivery address, they will have to re-enter their payment card number in full.
9.6. Payments made on the Platform are fully secured and encrypted. Payment processing by third parties; Payment processing shall be performed by the payment institution STRIPE. Lokali is not responsible for the processing of payments, as Lokali’ role is limited to facilitating transactions by collecting from Buyers the information necessary to process the payment and submitting it to STRIPE.
9.5. Anti-fraud controls Lokali, in collaboration with any Platform provider of its choice, checks all orders that have been validated on the Platform. Within the framework of these procedures, Lokali may ask the Buyer for all the documents necessary for the release of their order. Please note: the validation of the order by the Seller depends on the delay within which the Buyer will communicate the requested documents to the Platform provider. Neither the Seller nor Lokali shall therefore be held responsible for any delayed or cancelled delivery in the event that the Buyer refuses to provide the requested documents. The information provided in the order form is subject to automated data processing, for which STRIPE is responsible. In accordance with the Data Protection Regulations, the Buyer has the right to access, rectify and object to all of their personal data at any time, providing proof of their identity, to Lokali.Shop C/O Market Ethically Ltd, Top Floor, 1A High St, Inverurie, Aberdeenshire, United Kingdom, AB51 3QA Or by email : support@lokali.shop
Article 10 – Personal Data
10.1 Users' personal data is subject to the provisions of Lokali’s Privacy Policy. Lokali collects personal data necessary for the management of the Buyer's order. This data may also be used by Lokali and/or its partners in order to communicate various information, in particular commercial information (newsletters, email, etc.) subject to the prior acceptance of the Buyer and under the conditions of the Charter of protection of personal data of customers. The data collected may also be used for technical and statistical purposes, as part of the administration of the Platform (frequency of consultation of the Platform, sales statistics, etc.). The data collected will never be shared or sold to third parties outside the operation of the Platform. They remain the property of the Platform. When a User joins the Platform, they accept its means of communication: e-mails, SMS, messages sent from the application or other communications from your fixed or mobile equipment. Lokali undertakes not to disclose the contact details of Users. Sellers only have access to them for purely commercial purposes for the proper processing of orders. The Platform only discloses the contact details of the Sellers when authorised.
10.2. Right of access, rectification and deletion. In accordance with GDPR provisions, the Buyer has the right to access, modify and delete personal data. The personal data of the Buyers will be managed by Lokali in accordance with our Privacy Policy. Your personal data is processed by Lokali (and its development partners) as joint controllers. Your account and order information is processed for the purposes of creating and managing your account, managing your orders and tracking them, as well as for fraud prevention, statistical analysis and customer insight. Lokali also uses your data for marketing and targeted advertising purposes (sending electronic communications, postal or telephone canvassing and advertising profiling by combining data) on its own behalf or on behalf of partners in the context of its advertising network. Depending on your choices, your contact data and profile information may be transmitted to advertising agencies or commercial partners for the purposes of commercial prospecting and advertising targeting. Your data is transmitted to the Sellers for purposes strictly limited to the management of the orders you place with them, as well as to enable them to meet their legal and regulatory obligations where applicable. Depending on your choices, certain information may also be transmitted to Lokali for customer knowledge purposes and to personalise our services. You may exercise your rights (access, rectification, deletion, opposition, limitation and portability if applicable) and define the fate of your personal data "post mortem" by contacting Lokali's Data Protection Officer via Lokali.Shop C/O Market Ethically Ltd
Top Floor, 1A High St, Inverurie, Aberdeenshire, United Kingdom, AB51 3QA, Or by email : support@lokali.shop
Article 11 – Intellectual property
11.1. Unless otherwise stated, the Platform, and in particular its design, texts, content, layout and any other element relating to it, belong to Lokali and are protected by Copyright. Lokali is the owner or licensee of all economic rights relating to the Online Platform. The whole of the Platform and each of its elements are covered by the legislation on Intellectual Property, in particular copyright, designs and models, trademarks, domain names, software or databases... (Non-exhaustive list). As such, all rights of reproduction, representation and public communication are reserved, including for downloadable documents and visual, photographic, audio/visual or other representations. Only the right to consult the Platform is granted to Buyers; the reproduction of all or part of the content is only authorised for the exclusive purpose of information for personal and private use. Any link set up to the Platform must be subject to prior written authorisation from Lokali. Lokali declines all responsibility for the content of these links. In any event, hyperlinks to the Platform must be removed at the first request of Lokali.
11.2. All content published on the Platform, such as product sheets, images, presentation texts, menus and logos, is the property of Lokali and of the Registered Sellers This technological content is protected by the relevant intellectual property, copyright and database protection law. Any reproduction without the consent of the Lokali is prohibited.
Article 12 – Exclusion of Liability
12.1. Lokali cannot be held responsible and no compensation can be claimed for delays in the delivery or collection of Products sold by Buyers.
12.2. Lokali cannot be held responsible for interruptions, delays or unavailability of the Platform due to maintenance work, interruptions of the Internet network, technical breakdowns, force majeure, the act of a third party or any other circumstances whatsoever.
12.3. The Platform contains information from third parties and Lokali does not guarantee the correctness, accuracy or completeness of the information made available on the Platform.
12.4. Lokali cannot be held liable for any errors that may occur on the Platform.
12.5. Lokali is not responsible for access to and use of the platform by Users in the following cases
- losses resulting from the unavailability of the platform or from a technical failure of the Online e-commerce platform
- loss of data,
- losses caused by a denial of service attack, viruses or other technologically harmful material
- loss of revenue or profit or anticipated savings,
- losses arising from circumstances beyond our reasonable control and losses which could not reasonably be foreseen,
- losses relating their sales agreement with Sellers when purchasing a product
Article 13 – Questions and Complaints
13.1. Any complaint relating to an order must be sent by any Buyer by e-mail to the Lokali. The complaint will then be forwarded to the Seller who will, with the assistance of Lokali, respond to the Buyer.
13.2. Any complaint relating to usage of the Platform must be sent by any Buyer by e-mail Lokali. The complaint will then be handled by Lokali and Lokali aims to respond to the Buyer within (14) working days.
13.3. LOKALI is not required to arbitrate disputes between Sellers and Buyers. However, if the Sellers concerned are unable to resolve a dispute, they may submit the dispute to LOKALI which may decide to examine the details of the dispute and seek to assist in resolving the dispute.
13.4. For any question or complaint, the Buyer can contact:
Lokali.Shop C/O Market Ethically Ltd
Top Floor, 1A High St, Inverurie
Aberdeenshire, United Kingdom, AB51 3QA
Or by email : support@lokali.shop
Article 14 – List of Partners
14.1. The list of partner Sellers offering Products for sale on the Platform is subject to change. Therefore, Lokali does not guarantee that all Sellers with a physical or online point of sale in The United Kingdom are partners and offer Products for sale on the Platform.
Article 15 – Law Applicable
15.1. These Terms are governed by UK law. This means that your access to and use of the Platform and any dispute or claim arising out of or in connection with the Platform or these Terms (including non-contractual disputes or claims) shall be governed by relevant UK law.
15.2. Jurisdiction. The parties irrevocably agree that the competent UK Courts shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, their subject matter or their formation.