This agreement describes the Terms and Conditions for services provided by LF FLORA MEXICO S. de R.L. de C.V. (“LolaFlora”) through the website https://www.lolaflora.com.mx/ (the “Site”), and a mobile application (the “Mobile Application” and together with the Site, the “Platform”) for the acquisition by third parties, individuals and/or legal entities (the “Users”) of various floral arrangements, stuffed animals, sweets, toys, food, beverages, chocolates, and other products (the “Products”) through the LolaFlora Platform.
By using the services and the Platform, Users acknowledge and accept that the following Terms and Conditions are mandatory and binding. Likewise, they accept and acknowledge the responsibilities arising from this agreement.
Therefore, by accepting the Terms and Conditions, Users acknowledge that this agreement will govern the contractual relationship between the parties, responsibilities, and any other legal consequences that may arise from this agreement between Users and LolaFlora.
Users must read and accept the Terms and Conditions to use the services and the Platform; otherwise, they must refrain from using the Platform and its services.
User Capacity
To use the Platform and its services, Users must have the legal capacity to contract. Individuals without legal capacity to bind themselves, minors, and Users who have been suspended or disqualified by LolaFlora may not use the Platform and its services.
If Users are natural persons, they acknowledge and accept that, in accordance with the laws of the country where they use the services and the Platform, they have sufficient legal capacity to bind themselves under the terms of this agreement.
If Users are legal entities, the persons registering must have the legal authority to bind the entity. Therefore, the persons registering on behalf of legal entities acknowledge and accept that the User legal entities have the capacity, knowledge, experience, infrastructure, permits, licenses, authorizations, elements, and personnel necessary to bind themselves in accordance with the Terms and Conditions.
I. Registration
Users must complete the registration with their personal or corporate information, which must be true, current, accurate, and complete. Users are responsible for false, outdated, inaccurate, or incomplete information to, as applicable, LolaFlora, third parties displaying and marketing their Products through the Platform (“Third Parties”), subcontracted suppliers by LolaFlora for the production and distribution of floral arrangements and other Products (“Suppliers”), or any other entity or person who may suffer harm from Users having provided such information.
Once registered, LolaFlora will provide its Users with an account number and password that will allow them to access the Platform. The use of such data is the responsibility of the Users, and they must protect and safeguard it.
The account number and password are non-transferable and can only be used by those who have registered on the Platform in accordance with the preceding paragraph. Obtaining the account number and password makes Users responsible for their use, as they are unique and personal, and therefore only registered Users can access the Platform.
Users commit to using their password and account number in accordance with the law, morality, and good customs. In the event that Users use the password and account number in contravention of the foregoing, they will be responsible for their misuse.
By accepting these Terms and Conditions, Users accept and acknowledge that LolaFlora is not responsible for the registration information that Third Parties and Suppliers enter into the Platform and undertake to hold LolaFlora harmless from any claim that may arise from Users regarding the information provided by such Third Parties or Suppliers.
II. LolaFlora's right to cancel registrations
LolaFlora shall be entitled at any time to prohibit, cancel and/or remove the registration of Users who do not comply with the provisions of section II. above.
Likewise, the registration of Users caught engaging in any of the behaviors described in section XIII or acquiring Products classified as "prohibited" in this document will be canceled, without prejudice to any civil or criminal actions that may arise.
Furthermore, LolaFlora may, at its sole discretion, cancel the registrations of Users who do not comply with the provisions of these Terms and Conditions.
Notwithstanding the foregoing, and in accordance with the provisions of these Terms and Conditions, LolaFlora reserves the right to terminate Users at any time.
III. Services
1. Product Preparation and Sale Services
a) Product Preparation Request
Users can purchase LolaFlora Products, which are prepared and distributed by various Affiliated Suppliers, through the Platform. When the User chooses the Product they wish to purchase, a text with the description and cost of the Product will be displayed.
Once the User selects the Product they wish to purchase, they must choose the buy option on the Platform.
In this regard, the User must indicate the following: (i) date and time slot for Product delivery; (ii) full name and telephone number of the recipient; (iii) full address and references for Product delivery; (iv) name, email, and telephone number of the user; and (v) Payment Method (as that term is defined below).
The User acknowledges and accepts that it is solely their responsibility to correctly provide the data described in the immediately preceding paragraph.
Once the User selects the Product they wish to purchase and has provided the data established in this section, they must choose the "accept" option to send the order for Product preparation to begin.
In this sense, once the order is sent, the Supplier will begin preparing the Products and the User will be notified that the Product is already in "Preparation" status or, if applicable, if the Supplier does not have the requested Product. For the purposes of this paragraph, "Preparation" means the moment when the Supplier begins preparing the Products.
b) Products
All products presented on this website (with occasional modifications) are available almost everywhere in the country where LolaFlora operates. The platform will notify the User if the product is not available for delivery at a particular address.
b.1 Some product ranges are only available in certain delivery areas. If for any reason an order is accepted in an area where we do not have coverage, a full refund will apply within a maximum of 30 days from the expected collection/delivery date.
b.2. Some flower and plant products may be delivered in bud form to ensure a longer shelf life. For example, in order to provide the freshest and longest-lasting flowers, lilies may be delivered with closed buds and will open in 1 to 2 days.
b.3. There is a possibility that some flowers and plants may be harmful or poisonous; please be sure to visit our Allergy and Health information page before submitting your order.
b.4. All products are subject to availability. In case of supply difficulties, we reserve the right to substitute the product with another of equivalent value and quality, and you will be sent a notification to approve the change, as mentioned in section IV.1.c. Rest assured that the flowers will be of comparable quality. If you do not approve the change, a partial or full refund will apply.
b.5. In the event that we are unable to supply all or part of your order (the product or any other substitute product), you will be notified as soon as possible and your payment will be fully refunded within a maximum of 30 days from the expected collection/delivery date.
b.6. Certain products are not available for same-day delivery or other special delivery services. More information on product availability and delivery options will be offered when you place your order.
b.7 The service is provided by contracted local suppliers, which is why we cannot send the product to other municipalities, cities or countries in case of a change of address.
c) Product Acceptance
Once the Product is finished, it will be automatically accepted, except in cases where LolaFlora offers an image validation service for certain products.
If the service is available for the selected Product, the User will receive a notification via the Platform, email, or SMS with an image sent by the Supplier, so that the User can validate whether the Product meets the quality standards and the description on the Platform. The User will have a period of 10 (ten) minutes to accept or reject the Product prepared by the Supplier. After 10 minutes, the order will be deemed approved to meet the agreed delivery times. If the User does not agree with the Product, the Supplier must prepare the Product again and make the corresponding adjustments, then resend the image of the Product to the Platform.
If the User does not agree with the Product, this could cause delivery delays, meaning the arrangement might be delivered later on the same day. Likewise, if the User cannot agree with the image, they may cancel the order and request a full refund, which will be processed within a maximum of 30 days from the expected collection/delivery date.
If the User does not validate the image within the mentioned period, the Product will be considered accepted to avoid delaying the order and to meet the delivery schedule.
Additionally, LolaFlora may not offer the image validation service on days when it judges that offering this service compromises the timely delivery of Products.
d) My Account Services
LolaFlora offers the My Account service as an additional feature ("LolaFlora") for your personal use, subject to these Terms and Conditions. In order to provide the service, we will retain certain personal information. Except as required or permitted by law, any personal information we collect will be used solely for the purposes of providing the service.
Please note that we reserve the right to link the personal information you provide on our various websites and through current and future LolaFlora mobile applications.
Only individuals aged 18 or over may register for the service. When registering for the service, you will be asked to create a password. You must keep this password confidential and not disclose or share it with anyone. You will be responsible for all activities and orders made with your password. If you know or suspect that someone else knows your password, you must notify us immediately. If you have forgotten your password, please use the password reminder service (this option is located next to the "Login" box in My Account).
If LolaFlora has reason to believe that a security breach or misuse of the service or website is likely to have occurred, we may ask you to change your password or suspend your use of the service.
Please ensure that the details you provide during registration or at any other time are correct and complete.
You must inform us immediately of any changes to the information you provided when registering and update your personal data. You can update the information provided at any time by visiting the My Account section. This will ensure that the service we provide is accurate and up-to-date.
The service is intended to provide assistance with purchases made through the website. The service should not be used for the following purposes:
- The dissemination of material that is illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or inappropriate for any reason.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the website.
LolaFlora reserves the right to refuse to post material on the website, or to remove material already posted on the website.
While we take all reasonable precautions and care in connection with the service, we make no representations or warranties of any kind (express or implied) regarding the content or operation of this service, and such representations and warranties are excluded by this notice. We do not guarantee that use of the Service will be uninterrupted or error-free. Despite efforts to ensure that reminder emails configured in your account are processed and delivered as requested, we cannot be held responsible if these messages are not delivered. Your use of the service is at your own risk and we accept no liability for any loss or damage you may suffer as a result of using the service.
Your access to the website and service may be occasionally restricted for routine maintenance tasks.
These Terms and Conditions apply in conjunction with the general website Terms and Conditions regarding general use and ordering. We are committed to protecting your privacy; more information can be found in our Privacy Policy.
We have certain obligations regarding your personal information. Some of the information you provide may be "sensitive" information, such as race, political opinion, religion, trade union affiliation, mental or physical health status, sexuality, etc.). By registering for the service and providing your data, you agree that we may use the data in the manner described above. When you provide information about other people (e.g., their date of birth or address), you also confirm that you have their consent to provide us with this information.
2. Product Delivery
The User shall have the right to have the Product delivered to the address they have indicated once the Product is accepted in accordance with section IV.1.a) above.
In relation to the foregoing, the User shall be solely responsible for the data provided through the Platform, in case the Suppliers cannot make the delivery because the User incorrectly indicated: (i) the date and time slot for Product delivery; (ii) the recipient's full name; and/or (iii) the full address and references where the Product should be delivered.
If your order includes multiple items for delivery to the same address, they may be shipped separately.
a) Recipient not found at the address
Products shipped by LolaFlora In the event that the recipient is not at the address or cannot be located for delivery, the Supplier will attempt to leave the Product with a doorman, receptionist, neighbor, or another person.
The maximum waiting time for the delivery person is 10 minutes; after this time:
- In the case of an office, hospital, funeral chapel, housing complex, residential building, or other building with multiple access controls, an attempt will be made to leave the Product with a colleague, reception, assistant, etc. If delivery is not possible, the User will be notified via email.
- In the case of a private residence, and if no one is found to receive it, the User will be notified at the recipient's address, informing them that we attempted delivery and that they should contact us to reschedule.
The second delivery attempt will be made at no additional cost, provided that the Product was not purchased with a delivery fee. If the Product had an additional delivery fee, the second delivery attempt will incur an additional cost, which will be communicated at the time of rescheduling.
In case of a failed second delivery attempt, LolaFlora will consider the service concluded and a full refund will be issued within a maximum of 30 days from the expected collection/delivery date.
Products shipped by parcel service The maximum waiting time for the delivery person is 5 minutes; after this time:
- In the case of a perishable product: the shipment will be returned to the central depot for a second delivery. If the second delivery cannot be made, LolaFlora will consider the service concluded and a full refund will be issued within a maximum of 30 days from the expected collection/delivery date.
- In the case of a non-perishable product: the shipment will be returned to the central depot for a second delivery. If the second delivery cannot be made, the shipment will be returned and the customer will be fully refunded within a maximum of 30 days from the expected collection/delivery date.
b) Addresses with conditional delivery
In the case of delivery to certain locations with the intervention of third parties, such as offices, hospitals, funeral homes, airports, hotels, ships, and other commercial establishments, the signature of any person authorized to accept deliveries on behalf of the organization will be accepted as proof of delivery to the selected recipient.
LolaFlora will at all times try to comply with the delivery commitment according to the rules of each place, but is not responsible if these prevent the delivery of the Product. Therefore, it should be noted that some institutions or businesses do not allow direct delivery to the recipient (for example, some medical institutions do not allow the delivery of flowers to rooms). If this problem arises, LolaFlora will try to contact the User to make the delivery outside the institution or to reschedule.
If for any reason delivery cannot be made, the conditions in Section III.2.a will apply.
c) Delivery of rejected Products
In the event that the recipient rejects or does not want to receive the Product, the User will be notified and LolaFlora will terminate the service and a full refund will be issued within a maximum of 30 days from the scheduled collection/delivery date.
d) Express Deliveries
Users may indicate through the Platform that the Product should be delivered within a certain time frame ("Express Delivery"). Users acknowledge and accept that in case they request an "Express Delivery" order, an additional fee will be charged, which will be indicated through the Platform at the moment the User places the purchase order.
Express shipments are not available nationwide and are subject to schedule availability.
e) Communication for delivery
The Affiliate Provider may call the User if they are outside the User's address and no one is available to receive the Product.
In this regard, the User acknowledges and accepts through this agreement that if delivery cannot be made, they may attempt to contact them at their phone number.
f) Rescheduling
The User must communicate within the next 7 days, otherwise, LolaFlora will offer the option to reschedule within a period of 1 year free of charge or request a refund if the User prefers.
The second delivery attempt will be made at no additional cost as long as the Product was not purchased with a delivery fee. If the Product had an additional delivery fee, the second delivery attempt will have an additional cost which will be communicated at the time of rescheduling.
Rescheduling will depend on the availability of our network of affiliated florists; the customer service agent will communicate during contact what delivery options are available.
g) Proof of delivery and location
Recipients must sign the proof of delivery requested by the Provider or its staff with their name, signature, date, and time of delivery so that the Provider can justify the delivery of the Product.
h) Delivery Responsibility
We are not responsible for the non-fulfillment of our obligations if such non-fulfillment is a consequence of extraordinary circumstances (such as fires, floods, earthquakes, storms, hurricanes, or other natural disasters), violent invasion, hostilities from foreign enemies (in declared or undeclared war), civil war, revolution, rebellion, insurrection, military usurpation of power, terrorist activities, nationalization, government sanction, blockade, embargo, labor disputes, strike, lockout, or interruption or failure of electricity or telephone service.
i) Courier Deliveries
Courier delivery is not available for same-day deliveries, Sunday or holiday deliveries, or local or regional holidays as indicated. Deliveries via courier service will be made during business hours between 9:00 AM and 7:00 PM.
3. Cancellations and/or Returns
The User may cancel Products for any reason as long as the order is still listed as "new order" within the platform.
In the event that the image validation service is offered as indicated in Section III.1.c), the User may cancel Products even if they are "in preparation" if the User has rejected the product image.
a) Perishable Products
If perishable Products are not entirely satisfactory, a return may be requested within 48 hours of delivery of the order. After this period, our product warranty policy concludes, as we work with a perishable product.
b) Personalized Products
We regret that it is not possible to cancel an order for personalized products if the personalization process has already begun (indicated on the Platform as "in preparation").
c) Other products
For non-perishable Products, a return may be requested within 30 (thirty) calendar days following the delivery date, provided that the products are in their original packaging and condition and are returned to the supplier. To do this, the User may request a shipping label with which they can return the Product to the supplier. Returns that are in suitable circumstances and accepted by LolaFlora will be refunded within 7 days.
d) Fraudulent payments or cloned cards
The User has the right to cancel any payment at any time in case of fraudulent use of their credit or debit card by another person not acting on your behalf or your agent and to receive a refund of the amounts from us to the extent that these amounts are not reimbursed by the card issuer in such circumstances.
e) Orders paid in cash through convenience stores
In Mexico, it is not possible to get a refund for payments made with Oxxo, 7 Eleven, Extra, Farmacias del Ahorro, Farmacia Benavides, and bank transfers.
Therefore, if the return or claim is approved, an open order with a validity of 12 months may be left for the User to use the amount paid at a later date.
IV. Fees and Billing
Users are obliged to pay the fees mentioned below:
1. Product Fees
When the User uses the Platform and selects the corresponding Product in accordance with the provisions of the section, the corresponding price for the Product (the "Provider Product Fees") will be displayed.
In this regard, LolaFlora reserves the right to modify, at any time, the Provider Product Fees, at its sole discretion.
1. The prices shown on the LolaFlora website are valid for a maximum of 10 days from the submission of your order.
2. Prices include VAT for deliveries in Mexico.
3. Product prices include shipping costs for selected destinations. LolaFlora may require additional shipping costs for regions specified by the company. If this occurs, the User will be notified before purchase.
The User must pay the Provider Product Fee, in accordance with the Payment Methods indicated in section V.3 of this document.
The User acknowledges and accepts that they must pay the Fees for Products made by Providers indicated by LolaFlora.
2. Shipping Fees
In the event that the Provider is unable to deliver the Products on two different occasions, the User must pay a fee that will be determined by LolaFlora at the time of rescheduling the delivery (the "Multiple Shipment Fee").
The User, by accepting the Terms and Conditions, agrees to pay the Multiple Shipment Fee in the previously mentioned case and accepts that the charge will be made to the chosen payment method or to pay the Multiple Shipment Fee in accordance with the Payment Methods indicated below.
LolaFlora may also charge any other fees or charges for sending products to User addresses. LolaFlora will notify Users of such a situation within the Platform, and Users may accept or deny such a charge or fee. In the event that Users deny the fee or charge, the Provider will not be responsible for the delivery or preparation of the Products.
3. Payment Method
The aforementioned Product Fees and Shipping Fees will be covered by the Users and in favor of LolaFlora through the following Payment Methods: (i) electronic payment platforms Paypal (ii) payment by credit or debit card; and (iii) cash at the following convenience stores ("Payment Method") [Oxxo] Likewise, LolaFlora may, from time to time, add other Payment Methods different from those indicated in this section.
a) Cash payments at convenience stores
When you select this payment method, you will be redirected to another page. On the page, there will be a barcode that you must print and take to the store to make your payment. You must send your proof of payment to help@lolaflora.com. The User must make the payment and notify of said payment via WhatsApp before the selected delivery time slot begins, otherwise the order will have to be rescheduled. This is because deliveries are confirmed once payment is received.
For subsequent deliveries, the payment limit is 7 days once the barcode has been generated. Provided that payment is made at least 1 hour before the shipping period begins.
*Please note that no delivery will be made unless payment has already been made. Returns are not accepted with this payment method.
4. Invoicing
For the purposes of the Product Fees, the Product Fees and the Shipping Fees, Users who require a tax receipt must have the corresponding Federal Taxpayer Registry ("RFC") and other applicable tax data, and request it once payment is made. The request for a tax receipt must be made by submitting a request through the Platform no later than the 1st (first) day of the month immediately following the one in which the corresponding charge was made.
In the case of Products sold directly by Third Parties, they must issue the corresponding tax receipt and send it to LolaFlora on the business day following the User's request in accordance with the provisions of the preceding paragraph.
V. Customer Service
In case you are not satisfied with LolaFlora's Service, any complaint or question related to our products and services should be addressed in the message field on the "Contact Us" page.
Our Customer Service is available within the date and time ranges through the contact numbers specified on the "Contact Us" page.
Due to the perishable nature of most products and in order to help us resolve claims quickly and to the full satisfaction of both parties, we advise you to make your claim within 1 business day from the date of delivery or scheduled delivery of your purchase.
VI. Promotions
LolaFlora will at all times have the power to organize campaigns, promotions, generate discounts, promotional codes and other unilateral offers in order to increase sales and advertise the Products.
LolaFlora will not be obliged to maintain a campaign at the request of Users. Users may participate in promotions as determined by LolaFlora.
a) Promotional codes
LolaFlora discount coupon codes ("Coupon Codes") can only be used on purchases made on LolaFlora websites or the App for deliveries in the promotion region.
Coupon codes must be entered in the relevant section of the order process on LolaFlora's websites. We are unable to apply a discount to orders already placed.
Discount codes are usually restricted to one use per customer and should not be shared with other users.
Coupon codes may also have a maximum number of uses; if we are unable to accept the discount code you have entered, it is probably because the code has expired or the maximum number of uses for the promotion has been exceeded. We will notify you during the order process and the discount will not be applied.
Selected coupon codes may be restricted to specific products; to the extent possible, details of any restrictions will be communicated when the coupon is promoted.
Coupon codes cannot be exchanged for cash or used in conjunction with other promotions.
When the coupon code entitles you to a percentage discount, the discount will not apply to the delivery charge or any additional services requested.
Coupon codes may be withdrawn or suspended without prior notice and for any reason. We will notify you during the order process if we are unable to accept the discount code entered.
We cannot be held responsible for any unavailability that may prevent the use of coupon codes.
These terms of use are subject to change at any time.
VII. Liability
In the event that the Platform does not function correctly for any external reason, the User releases LolaFlora from all liability upon accepting and acknowledging the Terms and Conditions.
In the event that one or more Users initiate any type of claim or legal action against a Third Party or Provider, each and every one of those involved in such claims or actions release LolaFlora, as well as its directors, executives, employees, affiliates, agents, principals, and dependents, from all liability.
This agreement does not create an employment relationship between the Users and LolaFlora or with its workers or employees, nor is this agreement constitutive of any association, civil or commercial company, nor does it imply the establishment of an agency relationship between the Users and LolaFlora, for which reason, the Users undertake to hold LolaFlora, its employees, agents, or representatives harmless against any claims, losses, liabilities, and expenses arising in connection with their own business.
VIII. Modifications to the agreement
LolaFlora may modify the Terms and Conditions at any time by notifying Users through the Platform of the modifications made. Modifications to the Terms and Conditions will come into effect 1 (one) business day after their publication on the Platform. In the event that Users do not agree with the modifications, they must stop using the Platform and, if applicable, may notify LolaFlora of this situation to proceed with the cancellation of their account.
LolaFlora will understand that Users accept the Terms and Conditions if they continue to use their accounts and passwords to access the Platform and use the services.
IX. Personal data privacy and information use
To use the Platform, Users must enter their information on it. For these purposes, LolaFlora stores the information on servers that maintain security and technological protection standards in accordance with its capabilities and internal policies and standards.
The information provided by Users is treated as confidential and only certain data will be shared with Third Parties or Providers in accordance with what is established in LolaFlora's Privacy Notice.
By accepting these Terms and Conditions, Users acknowledge that LolaFlora will not be responsible in the event that, through infiltration, viruses, or any malicious conduct, a third party extracts confidential information from the Platform.
LolaFlora will process personal data in accordance with the Federal Law on Protection of Personal Data Held by Private Parties. For more information, please visit our Privacy Notice.
By accepting these Terms and Conditions, Users authorize LolaFlora to use this information for the purpose of providing the services and to that effect.
Users, by entering their information on the Platform, acknowledge and accept that LolaFlora may classify them as it deems appropriate, therefore, LolaFlora will not be responsible for any damages that such classification may cause to Users.
X. Security
LolaFlora will make reasonable efforts and according to its internal technical capabilities to protect the information that Users place on the Platform through the use of different programs and software.
LolaFlora does not declare or guarantee that the Platform will remain free from loss, deterioration, attacks, viruses, interference, hacking, or other types of security penetration, therefore, Users release LolaFlora from all liability related to the foregoing.
XI. Prohibitions
Users shall be prohibited from: (i) entering false information into the Platform; (ii) posting aggressive and insulting comments; (iii) exploiting LolaFlora's services in an unauthorized manner and contrary to these Terms and Conditions; (iv) using the Platform to engage in unfair competition practices, for fraudulent purposes or any other practice that goes against the law or good customs; (v) acquiring or requesting products prohibited by law, as well as those mentioned in the following paragraph; and, (vi) using User information for purposes other than those established in these Terms and Conditions.
In relation to the foregoing, the purchase of the following products through the Platform is prohibited: (i) airbags, (ii) products subject to permits and licenses from authorities for their commercialization, (iii) firearms and sharp objects, (iv) all types of animals, (v) stolen articles or those obtained through an illegal act, (vi) any type of security issued by any government, (vii) master keys, (viii) pornographic materials or any product related to sexual activity, (ix) radar detectors, (x) all types of medicines and pharmaceutical articles, (xi) formal clothing, (xii) counterfeit or pirated products, (xiii) any type of tickets to participate in lotteries, games and sweepstakes, (xiv) electronic articles used for radio and signal communication, (xv) tobacco-based products, (xvi) electronic cigarettes and other products for their operation, (xvii) flammable or explosive products, (xviii) narcotics, psychotropics and inhibitors of THC effects and in general products that cause a decrease or could cause inaccuracy in anti-doping tests, (xix) prohibited species for commercialization, (xx) personal data and rights, (xxi) gift certificates or discount coupons for all types of products, (xxii) objects that can be used to intervene in car management systems, (xxiii) cosmetic products, and (xxv) seat belts.
XII. System or Database Violations
It is prohibited to alter, disturb, damage or perform any other conduct that modifies the Platform, LolaFlora's system, software, operation and/or database owned by LolaFlora.
Persons found performing any of the activities mentioned in the preceding paragraph shall be liable for any applicable legal actions, as well as for indemnifying LolaFlora for any damages caused.
XIII. Penalties
Users who engage in any conduct contrary to law, good customs or these Terms and Conditions shall be subject to the following penalties: (i) account suspension; (ii) payment of damages; and (iii) conventional penalties established by mutual agreement between Users and Providers with LolaFlora.
Users acknowledge that LolaFlora shall not be liable for any penalty due to system failures, modification of information, disclosure of information and other applicable conduct in accordance with this agreement.
XIV. System Failures
LolaFlora shall not be responsible for failures in the Platform, the internet or the system and does not guarantee Users uninterrupted access or use of the Platform. Therefore, Users, by submitting to the Terms and Conditions and by using the Platform, accept that LolaFlora is not responsible for any damage or harm that may be caused to them by system failures of any nature.
XV. Intellectual Property
All intellectual property rights of the Products developed by LolaFlora are and belong to LolaFlora. Third parties who display their products on the Platform shall grant LolaFlora a free license to display their photographs for the purpose of providing, exhibiting, offering Products or services and other purposes contemplated in these Terms and Conditions.
Unauthorized use by Users of the Platform, software or any part of LolaFlora's services is strictly prohibited and infringes LolaFlora's and/or its licensors' intellectual property rights, being subject to civil and/or criminal penalties, as well as possible monetary indemnities for damages caused by infringement of LolaFlora's copyright and intellectual property rights.
The content of the screens relating to the services offered by LolaFlora, as well as the programs, databases, networks, files that allow Users to access the Platform, are the exclusive property of LolaFlora and are protected by laws and international treaties on copyright and intellectual property, trademarks, patents, models and industrial designs. Improper use of such information, as well as the total or partial reproduction of such content, is prohibited, unless expressly authorized in writing by LolaFlora.
XVI. Use of Social Media
The following Terms of Use Policy applies to anyone who accesses or posts on LolaFlora's blog or social media. LolaFlora's social media channels are the following: General Social Media Terms of Use. By using or accessing any of LolaFlora's social media, you agree to comply with this Terms of Use Policy, as well as other participation rules defined by the different social media platforms (e.g., Facebook Statement of Rights and Responsibilities, Twitter Terms of Use, etc.). Posting on LolaFlora's social media or Blog. You must be 18 years of age or older to post on LolaFlora's social media. By posting on any of LolaFlora's social media, you agree to be solely responsible for the content of all information you contribute, link, or upload. You agree that everything you post must be truthful, accurate, not misleading, and in good faith, and that you have the right to post such content. You agree not to post: false, misleading, or fraudulent comments. Materials that contain confidential material or violate the privacy rights of third parties. Photos or comments that include or reproduce profanity, pornography, threats, hate speech, incitement to violence, personal attacks, illegal statements, or unsafe practices. Content that attempts to impersonate another person, including, without limitation, customers, LolaFlora employees, partner florists, suppliers, partners, or other community members. Unauthorized commercial communications (spam). Viruses or other malicious programs. By posting on one of LolaFlora's social media, you agree to be respectful of other community members, as well as the LolaFlora community management team. Facebook: https://www.facebook.com/lolafloramexico/ Instagram: https://www.instagram.com/lolaflora_mexico/ YouTube: https://www.youtube.com/@lolaflora_mexico Pinterest: https://www.pinterest.com.mx/lolaflora_mexico/a) Content Moderation LolaFlora reserves the right to moderate the content you post on social media. Any post that is not in line with the Terms of Use policy will be removed or not published, as determined by LolaFlora in its sole discretion. LolaFlora reserves the right to remove any report or post that may be considered inappropriate or offensive. Repeated violations of this Terms of Use policy may result in the user being expelled or blocked from LolaFlora's social media with the corresponding information to social media platforms. Any threat against people or property will be reported to the police. Privacy Protection. Act smartly when protecting yourself, your privacy, and the privacy of others. What you post is available to a very wide audience and possibly for a long time, so you should carefully consider what you write. Do not send personal or confidential information about yourself or others, including bank account details, information that can be used to locate you or others, or information that could be considered an invasion of privacy. Content and Copyright. LolaFlora assumes no responsibility for errors or omissions in any material posted on LolaFlora's social media. For any content you post on LolaFlora's social media, you warrant that it is your original work or, if protected by third-party intellectual property rights, you represent and warrant that you have obtained all rights to third-party content and specifically grant LolaFlora an international, perpetual, irrevocable, fully paid, transferable license to exercise all copyright, publicity, moral rights, and any other intellectual property rights with respect to any content you provide. Social Media Claims Policy. LolaFlora welcomes all feedback on its products and services. If you wish to contact us regarding a complaint about LolaFlora's social media, a member of the online customer service team will assist you and do their best to respond and resolve your complaint in a timely manner and in accordance with LolaFlora's Customer Service Policy. LolaFlora maintains a zero-tolerance policy towards customers who use abusive or threatening language, and will take steps to protect its online customer service team, including removing offensive messages and reporting the user to the appropriate social media platforms and, where appropriate, to the police. During the working hours of LolaFlora's customer service team, indicated on the "Contact Us" page at LolaFlora.com.mx, LolaFlora will always strive to respond to your complaint within 1 hour of its publication. Outside these hours and during busier commercial periods such as Christmas, Valentine's Day, and Mother's Day, please allow up to 4 hours for a response. Abuse Complaints - LolaFlora strives to ensure that this terms of use policy is complied with fairly and consistently. If you wish to report abuse, spam, fake profiles, etc., please refer to the link of the corresponding platform.
XVII. Indemnification
By using the Platform, Users agree, to the extent permitted by law, to indemnify and hold harmless LolaFlora, its directors, officers, employees, affiliates, agents, principals and dependents, with respect to any claim arising from the breach of this agreement.
This means that Users may not sue or claim compensation for any damage caused by LolaFlora, its directors, officers, employees, affiliates or agents, arising from LolaFlora's decision to delete or deny the processing of information, as well as for the suspension or interruption of access to the Platform. This indemnification provision applies to all violations contemplated in this agreement.
XVIII. Termination
If Users fail to comply, or LolaFlora suspects that they have failed to comply, with any of the provisions of this agreement, as well as with the obligations undertaken through the Platform or by virtue of the services, LolaFlora may, at its discretion and without prior notice: (i) terminate this agreement and/or cancel their access account, being responsible for all sums of money payable to LolaFlora until the date of such termination; and/or (ii) prevent access to the Platform to use LolaFlora's services.
LolaFlora reserves the right to modify, suspend or discontinue the services provided through the Platform at any time with or without notice, and LolaFlora shall not be liable to Users or any third party if it exercises such rights.
XIX. Applicable Jurisdiction
For the interpretation, fulfillment and execution of this agreement, the parties expressly submit to the jurisdiction of the competent courts of Mexico City, thereby waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
XX. Dispute Resolution
By accepting the Terms and Conditions, Users freely and voluntarily agree that all disagreements, controversies, divergences or litigious matters arising from this agreement, before resorting to arbitration, judicial proceedings or any of the alternative dispute resolution methods set out below, must file a complaint with LolaFlora.
Once the complaint referred to in the preceding paragraph has been submitted and the Users' claim has not been satisfied within 45 (forty-five) working days from the date of submission of such complaint, the Users undertake to submit such controversies, divergences or litigious matters arising from or related to this agreement, in the first place, to the procedure in accordance with the Mediation Rules of the International Chamber of Commerce.
In the absence of resolution of the disputes according to said Rules within 45 (forty-five) working days following the filing of the Mediation request, such disputes shall be definitively resolved in accordance with the Arbitration Rules of the International Chamber of Commerce, by one or more arbitrators appointed in accordance with said Arbitration Rules.
For its part, LolaFlora may at any time initiate the dispute resolution procedure that best suits its interests, in order to demand compliance with any obligation on the part of Users, as well as to demand payment for damages caused, and any compensation that may be generated in favor of LolaFlora.
The use of the Platform, as well as its registration as a User, means that you accept the Terms and Conditions.