General Terms of Use and Contracting
Last update: April 14, 2023
These general terms of use and legal information (hereinafter, General Terms) apply to the website of Dobby123, S.L. (hereinafter, Dobby), whose domain is www.dobby123.com and the corresponding mobile application, as well as to all related sites or linked from www.dobby123.com by Dobby, as well as its subsidiaries and associates, including Dobby's websites worldwide (hereinafter collectively referred to as the “site”). The site is owned by STARTTHINKS S.A.S with unique taxpayer registration 1391934655001 in Ecuador. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.
Through these General Terms, Dobby makes available to users (hereinafter User or Users) the website and the Dobby123 mobile application (hereinafter collectively referred to as the Platform).
1. Purpose
Dobby is a brand of the technology company STARTTHINKS S.A.S, whose main activity is the development and management of technological solutions through which, via a mobile application (hereinafter, the APP), certain local stores in various cities in different territories can offer their products, and, if APP users and consumers of these local stores request it through the APP, additionally, facilitate the immediate delivery of products.
Thus, Dobby has a Platform through which different businesses, with which Dobby may maintain a commercial agreement for the use of the platform, offer a series of products and services. The Customer has the option to request the acquisition of products and services from these businesses by mandating a third party when placing an order through the Platform, in which cases Dobby acts merely as an intermediary and therefore cannot assume or does not assume any responsibility for the quality of the products or the proper provision of the services offered directly by the businesses or by such third parties.
Additionally, Dobby is an “on-demand” express messaging intermediation Platform. It aims to facilitate that those who need help with their errands or purchases in associated businesses (hereinafter, Clients) can carry out their errands through third parties willing to voluntarily carry out the mandate given by the Clients.
Throughout these General Terms of Use, we will refer to Clients as Users.
2. Terms of Use
Accessing the Platform and voluntarily creating a profile by the User implies the knowledge and express, unequivocal acceptance of these General Terms and the Privacy Policy and Cookie Policy by all Users.
3. Access and Registration for Clients
To be a Client of the Platform, it is essential to meet the following requirements:
The User guarantees that all the data regarding their identity and legitimacy provided to Dobby in their registration forms on the Platform are true, accurate, and complete. They also commit to keeping their data updated.
In the event that the User provides any false, inaccurate, or incomplete data, or if Dobby has reasonable grounds to doubt the truthfulness, accuracy, and completeness of the data, Dobby may deny them access to and use of the Platform or any of its content and/or services, present or future.
When registering on the Platform, the User will select an email (username) and an access key (password). Both the username and password are strictly confidential, personal, and non-transferable.
The User agrees not to disclose their account information or make it accessible to third parties. The User will be solely responsible in the event that such data is used by third parties, including any statements made on the Platform, or any other action carried out using the username and/or password.
Dobby cannot guarantee the identity of registered Users, and therefore will not be responsible for the use of a registered User's identity by unregistered third parties. Users are obliged to immediately notify Dobby of the theft, disclosure, or loss of their username or password by communicating it through the Contact Form.
3.1 Profile
To complete registration on the Platform, the User must provide some data such as: identification number (ID), email address, phone number, bank card details, etc. Once registration is complete, every User can access their profile, complete it, edit it, and/or unsubscribe as they see fit.
3.2. Theft or Loss of Credit Card
Since Dobby cannot guarantee the identity of registered Users, Users have the obligation to inform Dobby in those cases where they are aware that the credit card associated with their Dobby profile has been stolen or is being used by a third party fraudulently. Therefore, as Dobby and its payment platform proactively ensure the protection of Users with the corresponding security measures, in the event that the User does not inform Dobby of such theft, Dobby will not be responsible for any fraudulent use that third parties may make of the User's account.
4. Product Returns
If the Customer wishes to return a product or make a complaint regarding the provision of a service, they must contact the same store where the purchase was made, with the purchase receipt provided by the dispatcher at the time of delivery. In the event of a refund by the store to the Customer, it will be the store that has the authority to decide the method of return (cash, credit card, store voucher, etc.).
If the User wants to process the return of any product for not matching what they ordered through the platform, the User must provide a photograph of the total order along with a list of incorrect products or those not delivered, as well as other evidence demonstrating the mismatch of the requested product.
The Customer must check the products delivered by the dispatcher at the delivery address before proceeding to sign and ratify the mandate. By signing, the Customer confirms and ratifies the mandate, purchase, or service performed on their behalf. Additionally, the Customer states that a third party may ratify the mandate on their behalf, for example, in cases where the Customer is not at the final delivery address or has designated a third party for pickup and signing. Thus, it falls upon the Customer and/or said third party to verify the adequacy of the service, as well as to gather sufficient evidence to justify otherwise.
In any case, it will be at the store's discretion to determine the appropriateness of the return, so in case of dispute, the Customer must inform Dobby through the Contact Form.
5. Service Fees and Billing
The registration and use of the Platform for Customers may have an associated cost depending on the destination country from which they wish to use the Platform.
The use of the Platform by merchants may have an associated cost depending on the destination country from which they wish to use the Platform to provide services.
The Customer will only need to pay for each service requested through the Platform. Additionally, in those services that include the purchase of a product, the User must pay the price of that product. By registering through the Platform and providing the required banking information, the User expressly authorizes Dobby to charge the corresponding receipts for the payment of the requested services, including the price of the requested products.
The total price of each service may consist of a variable percentage depending on the kilometers and time the dispatcher must travel and use, as well as, if applicable, the price set by each store for cases where the User requests the physical purchase of a product or service. Dobby reserves the right to modify the price based on the time frame and/or distance in which the service is performed. According to these conditions, the Customer will have the right to know the approximate rate of their service before contracting it and formalizing the payment, except when the User does not specify the pickup address. The delivery service rate may vary when circumstances of force majeure occur that are beyond Dobby's control and that lead to an increase in that rate.
Dobby reserves the right to modify its prices at any time. Changes will take effect immediately upon publication. The user expressly authorizes Dobby to send receipts for the contracted services and/or generated invoices via electronic means to the email address provided by the user during the registration process. If an invoice is required, the user must add their tax information to the platform before placing the order.
Subsequent cancellation of the service by the user, in cases where a dispatcher has already been assigned, will authorize Dobby to charge the Client the fee for the services already initiated by the dispatcher. Likewise, if the User has requested the dispatcher to purchase a product on their behalf, and the Client cancels the order after the purchase has been made, they will bear the costs of the shipping services performed by the dispatcher, as well as the cost of the product. This is without prejudice to the Client’s ability to request a new service for returning the purchased products or having them delivered to another address. In the case of non-perishable products, the User may exercise their right of withdrawal before the store that sold the products. If they wish to exercise this right through Dobby, they must contract the new service.
5.1. Payment Platform
Payment for products and/or services sold in-person at Restaurants and/or stores, which are delivered to Clients at a later time, is temporarily made to Dobby, who then transmits it to the Restaurants and/or stores with which it has a commercial agreement. The Restaurants and/or associated establishments authorize Dobby to accept payment on their behalf, so payment of the price of any product (i.e., food, drinks, gifts, etc.) correctly made in favor of Dobby will release the Client from the obligation to pay that price to the Restaurant and/or associated establishments.
Furthermore, payment by the Client releases them from any obligation regarding the dispatcher, with the total charge to the Client having a liberating effect on any obligation they may have to Partners and/or dispatchers.
Payments for products and/or services made by Clients are received in Dobby's accounts through an Electronic Money Entity. Electronic Money Entities are authorized to provide regulated payment services in all territories where Dobby operates and comply with current regulations regarding payment services for Platforms like Dobby. If you have any questions regarding the payment gateway used by Dobby, you can reach out through the following Contact Form.
6. Price of Products and/or Services Listed on the Platform
All prices listed on the Platform include taxes that may be applicable depending on the territory from which the User operates, and in all cases will be expressed in the currency applicable in the territory from which the User operates.
According to the previous Clause 6, the applicable prices for each service will be those published on the Platform, subject to the particularities stated and applied automatically in the contracting process in its final phase.
However, the prices of products sold in restaurants and/or stores shown on Dobby's Platform may be indicative. In any case, these prices correspond to the products sold in restaurants and/or stores and are set exclusively by them. The Client can communicate with the dispatcher to confirm the final price of the requested products.
The User acknowledges that the economic valuation of some products may vary in real-time depending on the establishment selling them and the available stock.
For any information about the requested order, the User will contact Dobby through the Contact Form, indicating in the message subject the number assigned by the Dobby Platform.
In accordance with the above, by requesting purchase and delivery through the platform, the Client grants the dispatcher a mandate to acquire products in person on their behalf at the price set by the merchants. The Client may be in direct contact with the dispatcher both during the order process and at delivery to indicate to the dispatcher which product they are requesting.
7. Right of Withdrawal and Order Cancellation
The User may cancel an order free of charge as long as the dispatcher has not accepted the order.
De acuerdo con la propia naturaleza del servicio que ofrece Dobby, el Usuario es consciente de que una vez un despachador haya aceptado voluntariamente un pedido, se considera que la ejecución del mandato de compra ha comenzado y por tanto el Usuario no tendrá derecho a desistir en la solicitud del servicio de forma gratuita.
Therefore, if the User cancels an order that has already been assigned to a dispatcher, the Platform will charge 100% of the basic delivery service as a cancellation fee to the User.
If, at the time of cancellation, the dispatcher has already purchased the ordered product or contracted a service, the user may instruct the dispatcher to return it. In this case, the User must cover the total cost of acquiring the products and delivery costs, as well as the return service cost. If the dispatcher is able to return the product, the User will be reimbursed the product's value, but must pay for both the pickup and delivery services, as well as the return service. Returns will be subject to the store's return policies, so the Customer acknowledges that in the case of perishable products (i.e., food), returns may not be possible, and therefore, Dobby will be entitled to charge for both the product that the dispatcher has already acquired under their instruction, and the incurred shipping service.
If the Customer has incorrectly indicated the delivery address for the products, they may provide a new address at any time as long as it is within the same city of the initial order and within the dispatcher’s coverage area. In that case, the Customer will be contracting a new service and agrees to be charged the corresponding amounts for the new delivery. If the new address is in a different city than initially indicated, it cannot be modified for delivery to a new city, and the order will be canceled, with the Customer assuming the costs generated as established in this clause.
Dobby reserves the right to cancel an order without providing a just cause. In the event of a cancellation initiated by Dobby, the User will be entitled to a refund of the amount paid.
Dobby has official complaint forms available to consumers regarding the service offered by Dobby, in the official languages of the countries where Dobby operates. Consumers may request these complaint forms through the Contact Form, and an automatic option to access them will be provided. The consumer must specify in the email the exact location from which they are making the request, which must match the service location; in case of doubt, this last place will be where the complaint should be filed.
8. Special Conditions for the Product Purchase Ordering Service through Dobby
The Customer has the option to request through the Platform the in-person purchase of a series of products and/or services offered by stores with which Dobby has a commercial agreement. The Customer can select from a dropdown menu within the Platform a series of pre-defined options by the Stores indicating the characteristics, price, and, at times, a photograph of the product or service.
Once the Customer selects one of the options, they may also complete the order with a free text space to provide more detailed information or instructions for the dispatcher responsible for carrying out the order.
Through the free text space, the Customer expresses their intent to order the purchase of certain products, resulting in the dispatcher being merely an agent on their behalf. Consequently, the Customer will be the sole responsible party and who, if applicable, will assume any incidents arising from the nature of such products (i.e., sanctions, civil liability, patrimonial responsibility…).
The Customer is aware and accepts that the descriptions and, where applicable, prices or photographs of the products and/or services offered on the Platform are based on the information and documentation provided by the Stores, so Dobby cannot provide guarantees against possible inaccuracies in those descriptions, prices, and/or photographs.
Furthermore, the Customer accepts that all products reflected on the Dobby platform are subject to availability, and in this regard, they acknowledge the possibility that during the order process, the product and/or service may not be available at the Store. Additionally, the product price may vary slightly due to changes at the point of sale. Dobby reserves the right to proceed with the purchase in case of price variations of up to 30%; if the price exceeds 30%, the dispatcher will contact the customer to inform them of the situation.
Dobby reserves the right to remove any product from its platform, as well as to modify the content of its listing at any time, without being held responsible for any such actions.
8.1 Same-Day Deliveries
Dobby provides the Customer with a delivery service for products purchased in person by the dispatcher in certain cities. The order can be placed as long as the following conditions are met at the time of payment for the order:
*The aforementioned size and weight will not apply in cases of vehicles equipped for such volumes.
8.2 Price and Payment Method
The price of the product and/or service will be indicated by the Merchant through the Platform. However, the Customer acknowledges that the economic valuation of some products may vary in real-time due to the stock availability at the establishments offered on the platform, and that the final cost will always be communicated to the Customer prior to payment.
The Customer will have continuous contact with the dispatcher, who will act on their behalf in the acquisition of products and services, so any changes or variations will be communicated by the dispatcher prior to executing the order for the Customer's approval. If the Customer wishes to make any remarks about the order, they will always have the option to contact the dispatcher executing the order.
Additionally, during the payment process, the Customer will be informed of the final price of the delivery and the approximate delivery time according to the conditions of Dobby's delivery service expressed above.
The Customer can pay for the services in cash or via credit card. The cash payment option may not be available in all countries where Dobby operates. The Customer will be informed of the different payment options available according to the territory from which they request the service. For card payments, the Customer must provide their card details through the platform as a payment method linked to their account. Dobby does not store the card number on its servers and can only view the last four digits of it. The complete information will be stored on the servers of the payment service provider that processes payments on behalf of Dobby. Credit card payments will not incur any additional cost for the Customer. All this is in accordance with the terms of the payment platform set forth in Clause 6.1.
In case of cash payment, the customer must pay the price upon delivery of the product and/or fulfillment of the order at the delivery location. The customer cannot refuse to pay for the delivery service and/or the price of the requested product. The customer may only refuse to pay for the service cost if they have made a complaint and have received a favorable resolution from Dobby at the time of delivery.
If for any reason the payment for the service cannot be collected from the customer, they will be blocked from using the platform again until they settle their debt.
8.3. Delivery of Free Samples and Other Commercial Actions
Dobby reserves the right to enter into commercial agreements with Merchants, Large Retailers, Entrepreneurs, Professionals (i.e., large consumer companies in the food sector, laboratories, Large Stores, brands of both large and small consumer goods…) for the purpose of making promotional communications, including the delivery of free samples to the customer's home along with the requested order. These commercial actions must be explicitly accepted along with these Terms of Use by the Users.
9. Purchase of Alcoholic Beverages
Users placing an order that includes the purchase and/or delivery of alcoholic beverages through the platform must be of legal age, having reached at least 18 years. By placing an order that includes alcoholic beverages, the User confirms they are at least 18 years old. Dobby reserves the right to refuse to allow the purchase and/or delivery of alcohol to anyone who cannot prove they are at least 18 years of age.
La presente cláusula será de idéntica aplicación a cualquier otro producto y/o servicio análogo reservado a la mayoría de edad según legislación vigente y que sea solicitado por un Usuario a través de la Plataforma.
Likewise, in cases and in cities where the sale and/or delivery of alcoholic beverages is restricted during certain hours, the User is responsible for placing orders within the permitted times according to applicable regulations. Dobby reserves the right to refuse to allow the order for purchase and/or delivery of alcohol outside of the permitted hours.
10. Geolocation
Dobby may collect, use, and share accurate location data, including the real-time geographic location of the User's computer or mobile device, as long as the User authorizes it. This location data may be collected and used by Dobby to show Users the location of the origin of an order and/or the destination location. In this sense, Users expressly consent to their geolocation data being shared with other Users and Providers to successfully carry out the requested order at any time. Users may choose to disable Geolocation on their devices as detailed in the Data Privacy Policy.
It is the User's responsibility to correctly provide the pick-up and delivery addresses. In this sense, Dobby is not responsible for any error or omission in the provision of the same by the User.
11. User Obligations
Users are fully responsible for accessing and correctly using their profile and other content on the Platform in accordance with applicable law, whether national or international, in the country from which they use the Platform, as well as the principles of good faith, morality, good customs, and public order. Specifically, they commit to diligently observing these General Conditions of Use.
Users shall refrain from using their profile and the rest of the content of the Platform for illegal purposes or effects that harm the rights and interests of third parties, or that in any way may damage, disable, affect, or deteriorate the Platform, its content, and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform by other Users.
Dobby cannot be considered editorially responsible and expressly states that it does not identify with any opinions that Users may express on the Platform, for which the issuer of such opinions is entirely responsible.
Those who violate such obligations will be liable for any damages or harm they cause. Dobby will not be responsible for any consequences, damages, or losses that may arise from such access or illegal use by third parties.
In general, Users commit, by way of example and not limitation, to:
Any User may report another User if they believe that the latter is violating these General Conditions of Use. Additionally, all Users can inform Dobby of any abuse or violation of these conditions through the Contact Form. Dobby will verify this report as soon as possible and will take appropriate measures, reserving the right to remove and/or suspend any User from the Platform for violating these General Conditions of Use. Furthermore, Dobby reserves the right to remove and/or suspend any message containing illegal or offensive content, without prior notice or subsequent notification.
12. User Termination
The User may terminate their account on the Platform by notifying Dobby via email through the Contact Form.
13. Dobby's Responsibility
The User is responsible for having the necessary services and equipment to browse the Internet and access the Platform. In case of any incidents or difficulties in accessing the Platform, the User may inform Dobby via the Contact Form, which will proceed to analyze the incident and provide the User with instructions on how to resolve it as quickly as possible.
Dobby does not control nor is responsible for the content posted by Users through the Platform, and these Users are solely responsible for the legal adequacy of such content.
Dobby will not be liable for service interruptions, connection errors, unavailability, or deficiencies in Internet access service, nor for interruptions of the Internet network or for any other reason beyond its control.
Dobby is not responsible for security errors that may occur or for damages that may be caused to the User's computer system (hardware and software), to the files or documents stored therein, as a result of:
14. Responsibility for Content
Dobby is not obligated to control and does not control how Users use the Platform, and consequently, does not guarantee that Users will use the Platform in accordance with these General Conditions of Use, nor that they will use it diligently and/or prudently. Dobby is not obligated to verify and does not verify the identity of Users, nor the truthfulness, validity, completeness, and/or authenticity of the information provided by them.
Dobby excludes any responsibility for damages of any nature that may arise from the unlawful use of the Platform by Users or that may arise from the lack of truthfulness, validity, completeness, and/or authenticity of the information that Users provide to other Users about themselves, and in particular, although not exclusively, for damages of any nature that may arise from the impersonation of a third party by a User in any kind of communication made through the Platform. In particular, Dobby is not responsible for the use of the application or for any orders that may be made by a third party from the User's account.
Notwithstanding the above, Dobby reserves the right to limit, partially or totally, access to the Platform for certain Users, as well as to cancel, suspend, block, or remove certain types of content, by using suitable technological means if it becomes aware that the activity or information stored is unlawful or infringes upon the rights or property of a third party. In this regard, Dobby may establish necessary filters to prevent illicit or harmful content from being posted online through the service. The provision of content by Users through the Platform will imply the assignment in favor of Dobby of all exploitation rights derived from the content provided on the Platform.
15. "No Guarantee" Clause for Orders and Payments
Dobby makes no guarantees regarding the authenticity, accuracy, novelty, reliability, legality, or non-violation of third-party rights by the dispatchers. In this sense, Users acknowledge that Dobby is an independent company that connects Clients and dispatchers and that it assumes no responsibility arising from the information provided by the dispatchers nor for any damages or losses that they may suffer due to a breach of these General Conditions of Use. Therefore, Dobby will never be responsible for the availability of the dispatchers or for their proper and satisfactory fulfillment of the orders.
Dobby does not confirm or validate any dispatcher or their identity or background. Notwithstanding the above, Dobby may eventually conduct additional checks and implement procedures aimed at helping to verify or confirm the identities of the dispatchers. In this regard, when a User reaches dispatcher status, it simply indicates that the User has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular condition that may apply to them. It does not imply certification or endorsement regarding their reliability, suitability, and/or safety by Dobby.
Therefore, Dobby recommends that Clients always use common sense and their utmost attention when delegating an order to a specific dispatcher.
As members of the Platform, Users agree that any legal responsibility they intend to exercise as a result of actions or omissions by other Users of the Platform or third parties will be limited to those Users or third parties, and no liability action shall proceed against Dobby.
16. Updating and Modifying the Platform
Dobby reserves the right to modify these General Conditions of Use, the Privacy Policy, and the Cookie Policy at any time and without prior notice. Users must carefully read these General Conditions upon accessing the Platform. In any case, acceptance of the General Conditions will be a prerequisite for accessing the services and content available through the Dobbyapp Platform.
Additionally, Dobby reserves the right to update, modify, or remove information contained in its Platform regarding its configuration and presentation, as well as access conditions, at any time and without prior notice, without assuming any responsibility for it. Dobby does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it is always up-to-date; however, Dobby will carry out all necessary actions to rectify errors, restore communication, and update content as soon as it becomes aware of such issues, unless there are causes making it impossible or difficult to do so.
17. Propiedad Intelectual
Dobby is the owner or licensee of all intellectual and industrial property rights included in the Platform, as well as the content accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information, and content contained therein, are owned by Dobby, who holds the exclusive rights to exploit them in any form, particularly the rights of reproduction, distribution, public communication, and transformation, in accordance with Spanish legislation on intellectual and industrial property.
Authorization for the User to access the Platform does not imply a waiver, transmission, license, or total or partial assignment of intellectual or industrial property rights by Dobby. It is not permitted to remove, evade, or manipulate in any way the content of Dobby's Platform. Furthermore, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make secondary or subsequent publications, upload files, send by mail, transmit, use, treat, or distribute in any way the entirety or part of the content included in Dobby's Platform for public or commercial purposes, without the express written authorization of Dobby or, where applicable, the rights holder.
The User who shares any type of content through the Platform ensures that they hold the necessary rights to do so, releasing Dobby from any responsibility regarding the content and legality of the information provided. The provision of content by Users through the Platform will imply the assignment to Dobby, free of charge, and to the maximum extent permitted by current legislation, of the rights to exploit the intellectual or industrial property derived from such content.
18. Independence of Clauses
If any of the clauses in these General Conditions is declared null and void or annulled, it will be considered as not included. Such a declaration of nullity will not invalidate the rest of the Contract, which will remain in effect and binding between the Parties.
19. Applicable Law
The relationship between Dobby and the User shall be governed and interpreted in accordance with the General Conditions, which regarding interpretation, validity, and execution will be governed by Ecuadorian legislation; and any disputes shall be submitted to the Courts of Ecuador, unless the User requests the courts of their residence.