Conditions of use lucia September 18, 2023
Conditions of use
  • PROCESS The user will have to place their order through the website or at our smart locker, leaving their item/s or garment/s in the corresponding compartment. Once the order has been placed, a confirmation of the order will be sent by email and sms. A link to our website to pay the amount will also be sent to the user. Payments can be made through our virtual POS using VISA and MASTERCARD cards.

    REFUND POLICY The user has the right to a refund of the amount of his order in case he informs Smart Point by email of his wish for a refund, before the service has been fulfilled. In the event that the service has been performed, no refund will be available. The client will receive an email confirming the amount of the service before the work begins.

    Cancellations must be reported in writing by sending an email to hello@smartpoint.ai. Cancellations informed by any other means will not be accepted.

    CANCELLATION POLICY Smart Point reserves the right to cancel an order if it is unable to fulfil the order. In this case, if the item is a pick-up and delivery, the item will be delivered to the relevant locker unprocessed and the customer will receive an email and sms with an access code to pick it up.

    GENERAL ASPECTS The service includes the collection and delivery of goods and services, in accordance with the agreed service and deadlines, at the terminal selected within the network of smart lockers of Lava Locker S.L. under the Smart Point brand (hereinafter, “Smart Point”). The prices of the services are detailed in each provider’s information in the smart locker template. The general conditions of the service are detailed in the Smart Point FAQ.

    DAYS AND TIMES OF SERVICE Smart Point offers a twenty-four (24) hour delivery service, seven (7) days a week. This timetable may be subject to alterations depending on the accessibility and/or opening of the premises where the Smart Point terminal is located, the delivery service being subject to this. Our customer service hours are from 09.00 to 18.00 Monday to Friday, excluding public holidays, via the contact telephone number +34 932 71 38 75.

    TEMPORARY CUSTODY OF PARCELS. By contracting this service, the user authorises Smart Point to take temporary custody of those packages that he/she requests to be delivered through the service offered on the smartpoint.ai website.

    DELIVERY AND COLLECTION SYSTEM The user requesting a collection service will be assigned a Code that will need to be entered into the device to collect the goods from the selected smart locker, within the contracted period. Smart Point offers its customers a complete delivery system which can be consulted on its website (smartpoint.ai).

    Smart Point sends an SMS and an email with the unique and personal number for the reception or delivery of your parcels. It is the responsibility of the User to keep this personal number, and the User may pass it on to a third party for the reception or dispatch of a parcel. Smart Point is not responsible for the use of this number.

    METHODS OF PAYMENT All services offered by Smart Point must be contracted through the smartpoint.ai website or through the Smart Ticket Office network. Payments for services provided can be made with any type of credit or debit card. Smart Point does not have access to or store sensitive data relating to the means of payment used by the Client. Only the relevant payment processor has access to this data for payment and collection management purposes. The status of payments will be captured at the time the customer enters the website to verify the pending payment or in the event that their details are stored with the payment processing entity upon delivery of the order. The prices of the service are detailed on the screen of the smart locker at the time of placing the order and by an email sent to the customer. The prices of each supplier are subject to change without notice.

    EXCLUDED GOODS It is forbidden to deliver packages or objects whose content is contrary to the law, incurring the customer in the corresponding responsibilities, and being Smart Point totally exonerated from the same for this reason. The carriage of weapons, poisonous or infectious substances, cash, human remains, jewellery, toxic materials, flammable or dangerous animals and materials, etc. is prohibited.

    CONSEQUENTIAL DAMAGES. LOST PROFIT Smart Point shall not be liable for consequential or extraordinary damages, nor for lost profits, including loss of revenue, profits or markets, loss of image, damages resulting from the inability to use the contents in the packages, nor for loss of business opportunity or any other indirect loss resulting from the loss, damage, delay, misdelivery or non-delivery of the package.

    CONDITIONS OF INSURANCE The insurance shall apply exclusively to goods. Document shipments are insurable for the value of the printing and not for the value of creation or production. Compensation for the goods shall only be for the replacement value and not for the sale value. In the case of total loss, the compensation for used goods shall be depreciated according to their current value, and in the case of partial breakage of the goods, the value of the damaged goods shall be indicated in accordance with the valuation.

    TIME LIMIT FOR CLAIMS For a correct management in the processing of insurance, the claim for any damage or harm detected in the goods stored in a Smart Point intelligent locker, must be made by telephone or e-mail (932 71 38 75 / hola@smartpoint.ai) within a maximum period of seven (7) days, counting from the time agreed for delivery.

    VERIFICATION OF NATURE Smart Point reserves the right to verify the nature and content of the parcels entrusted to it, including the use of X-rays, and to interrupt any delivery process already underway if any content appears to be in breach of the provisions in force. It reserves the right to photograph the packages that are deposited in its smart lockers in order to demonstrate their condition in the event of hypothetical future claims; as well as to make recordings of its terminals and operations in order to guarantee the correct provision of the service, its security and correct use.

    DATA PROTECTION In compliance with Organic Law 15/1999, on the protection of personal data, we inform you that the data generated by the provision of the service by Smart Point to its clients will be incorporated into the company’s database, for the correct management of the delivery and subsequent information on promotions carried out. You may exercise your rights of access, rectification, cancellation and opposition by sending an e-mail to hello@smartpoint.ai.

    COMPLAINT SHEETS ARE AVAILABLE TO CONSUMERS (DECREE 1/2010 OF 14 January). To access them Passeig Sant Joan 64, Barcelona 08009

    USE OF COOKIES smartpoint.ai may use cookies in the course of providing the website service. These cookies are small text files containing information that websites send to the Customer’s computer when the Customer is browsing the website.

    In compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE), LAVA LOCKER SL informs that it is the owner of the website smartpoint.ai In accordance with the requirements of article 10 of the aforementioned Law, LAVA LOCKER SL informs of the following data:

    The owner of this website is LAVA LOCKER SL, with CIF B66067216 and registered office at Calle Diputació, num 237, Planta 1, Puerta 2, 08007 Barcelona, registered in the Mercantile Register, in volume 43830, folio 168, page B-439580 and inscription 1. The e-mail address to contact the company is: hello@smartpoint.ai

    USER AND REGIME OF RESPONSIBILITIES Navigation, access and use of the LAVA LOCKER SL website confers the condition of user, by which all the conditions of use established here are accepted, without prejudice to the application of the corresponding regulations of obligatory legal compliance as the case may be, when navigating the LAVA LOCKER SL website.

    The LAVA LOCKER SL website provides a wide range of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility shall extend to:
    – The truthfulness and legality of the information provided by the user on the forms provided by LAVA LOCKER SL for access to certain content or services offered by the website.
    – The use of the information, services and data offered by LAVA LOCKER SL contrary to the provisions of these conditions, the law, morality, good customs or public order, or that in any other way may involve damage to the rights of third parties or the operation of the website.

    LINKS POLICY AND DISCLAIMERS LAVA LOCKER SL is not responsible for the content of the websites that the user can access through the links established on its website and declares that under no circumstances will it examine or exercise any type of control over the content of other websites. Nor does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

    LAVA LOCKER SL declares that it has adopted all necessary measures to avoid any damage to users of its website, which may arise from browsing its website. Consequently, LAVA LOCKER SL is not responsible, under any circumstances, for any damages that the user may suffer from Internet browsing.

    MODIFICACIONES LAVA LOCKER SL reserves the right to make any modifications it deems appropriate, without prior notice, to the content of its website. Both with regard to the contents of the website, as well as in the conditions of use of the same, or in the general conditions of contracting. Such modifications may be made through its website by any legally admissible means and shall be binding for as long as they are published on the website and until they are validly modified by subsequent modifications.

    INTERNET CONTRACTING SERVICES Certain contents of the LAVA LOCKER SL website contain the possibility of contracting via the Internet. The use of the same will require the mandatory reading and acceptance of the general conditions of contract established for this purpose by LAVA LOCKER SL.

    DATA PROTECTION In accordance with the provisions of current legislation on Personal Data Protection, we inform you that your data will be incorporated into the processing system owned by LAVA LOCKER SL with CIF B66067216 and registered office at Calle Diputació, num 237, Planta 1, Puerta 2, 08007 Barcelona, in order to facilitate, expedite and fulfill the commitments established between the two parties. In compliance with current legislation, LAVA LOCKER SL informs that the data will be kept for the period of time strictly necessary to comply with the aforementioned precepts.
    Unless you inform us to the contrary, we will assume that your data has not been modified, that you undertake to notify us of any change and that we have your consent to use it for the aforementioned purposes.

    LAVA LOCKER SL informs that it will proceed to process the data in a lawful, loyal, transparent, adequate, relevant, limited, accurate and updated manner. For this reason, LAVA LOCKER SL undertakes to adopt all reasonable measures to ensure that these are deleted or rectified without delay when they are inaccurate.
    In accordance with the rights conferred by current data protection legislation, you may exercise your rights of access, rectification, limitation of processing, suppression, portability and opposition to the processing of your personal data, as well as the consent given for the processing thereof, by sending your request to the postal address indicated above or to the e-mail address hello@smartpoint.ai.
    You may address your complaint to the competent supervisory authority.

    SSL CERTIFICATE (Secure Sockets Layer) The SSL CERTIFICATE provides authentication, privacy and security of information between LAVA LOCKER SL and the user.
    LAVA LOCKER SL has a security certificate that is used by SSL CERTIFICATE for secure connections.
    In this process, several parameters are set to make the connection secure and it is established using pre-established keys, encrypting and decrypting all data sent until the connection is closed.

    INTELLECTUAL AND INDUSTRIAL PROPERTY LAVA LOCKER SL itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by LAVA LOCKER SL. They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and Community legislation in this field, as well as international treaties relating to the matter and signed by Spain, will be applicable to them.
    All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorisation of LAVA LOCKER SL, is expressly prohibited.
    The user undertakes to respect the Intellectual and Industrial Property rights owned by LAVA LOCKER SL. You may view the elements of the portal and even print, copy and store them on the hard disk of your computer or on any other physical medium, provided that this is solely and exclusively for your personal and private use. The user must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of LAVA LOCKER SL.

    LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION LAVA LOCKER SL also reserves the right to bring any civil or criminal action it deems appropriate for the improper use of its website and content, or for breach of these conditions.
    The relationship between the user and the provider shall be governed by the regulations in force and applicable in Spanish territory. In the event of any dispute, the parties may submit their disputes to arbitration or to the ordinary courts in accordance with the rules on jurisdiction and competence in this respect. LAVA LOCKER SL has its registered office in BARCELONA, Spain.