Terms & Conditions

This page (together with our Cookies Policy) establishes the terms and conditions under which JOLUU S.A.S. (“We”, “JOLUU” or “topkitchen”) provides the services of its electronic portal www.topkitchenapp.com and any other mobile application through which the portal is accessed or any of its services (all of which are we will refer to this document as “Portal”). Please read carefully the terms of the Portal given that any purchase or transaction through it will be subject (both now and in the future) to the Terms and Conditions and you accept them. These Terms and Conditions also apply to any use of the Portal.
We reserve the right to change the Terms and Conditions at any time without obligation to communicate them to you.
To clear any doubt, please note that by “Portal” we mean any past, present or future version of our website and / or mobile applications www.topkitchenapp.com.
By accessing any part of our Portal, you accept the Terms and Conditions of it. In case you do not accept the Terms and Conditions, you must refrain from making any use of the Portal.
1. Terms and Conditions of Use and Sale
to. Presentation and Our Role
i. Company details: JOLUU S.A.S. is a company domiciled at Calle 64 1-15 T2-903 Bogotá (Colombia) and registered with the Chamber of Commerce of Bogotá with the NIT 900867783-4
ii. Service: we provide a means to communicate your orders (“Orders”) of products or services (“Products”) to manufacturers, distributors and wholesalers (“Suppliers”) that appear on our Portal (“Main Service”).
1. Eventually, at our discretion and in order to guarantee a good service, we will assume some tasks related to the purchase, distribution and collection of the Products (“Secondary Service”) directly or through companies subcontracted by JOLUU S.A.S.
b. Access to the Portal: You can enter some areas of our Portal without entering your personal data or those of your business. For these areas it will not be necessary to register an order either. Most areas of the Portal are open to all public.
c. Acceptance of Terms and Conditions: by accessing our Portal you accept the terms and conditions of it.
d. Responsibility: unless otherwise agreed in writing, you are entirely responsible for making the necessary preparations to access the Portal. You are also responsible for ensuring that all persons who access through your internet connection or devices of your property know and accept these Terms and Conditions.
2. Your Status or Status
to. By entering an order through our Portal you guarantee that:
i. You are in a legal condition to enter into binding contracts
ii. You are at least 18 years of age
iii. In accordance with current legislation, you know that it is illegal for a person under the age of 18 to buy or consume alcoholic beverages, intoxicants and / or cigarettes for their use or for resale. It is also illegal for a person over 18 years of age to buy such products for consumption by a person under 18 years of age.
1. Orders containing the Products mentioned in the previous paragraph may be denied or not processed by our Portal if they do not comply with the legal conditions in force.
iv. You know that there are similar restrictions for the sale of Energizing Beverages and the processing of orders that contain said products will be subject to revision according to the current law.
v. You represent a retail business which generates most of its income through the sale of retail packaged products through a physical business premises.
3. About the Orders
to. Once you enter an Order in our Portal, you will receive a series of confirmation emails.
b. Please bear in mind that any confirmation email you may see on our Portal or in your email account are merely indicative that your order has been received and is being processed by us and does not necessarily imply that your Order has been accepted by the Suppliers. We encourage all Suppliers to accept all orders and respond quickly to them and we will be notifying you as soon as possible (by email) the status of the same if your Order can not be processed. However, Suppliers have the right to refuse orders due to work overload, adverse weather conditions or any other reason.
c. Estimated delivery times are provided by the Suppliers and are simply an estimate.
4. Price and payment
to. VAT: the agreed prices will be those shown in our Portal. Prices include VAT but may include special expenses for handling, shipping, tips or any other charge that must be incurred. In any case, any charge will be shown by the Portal before you confirm your Order.
b. The portal contains a large number of prices and products, and without trying to keep them as up to date as possible we do not guarantee the total accuracy of them. If the correct price for an Order or Product is greater than that shown in the Portal, we will contact you to inform you of the price change. In this case, neither we nor the Suppliers are obliged to perform the service under the price of the Portal.
5. License
to. Permitted Uses: You are allowed to use the Portal and print or download partial extracts of your content for personal or retail use as specified in 2.a.v. Any other use is prohibited unless otherwise specified in writing.
b. You must not misuse the Portal including any activity or process of “reverse engineering” or alter the format or content thereof in its original form.
c. Unless otherwise specified, all material contained on the site is part of the property rights of JOLUU S.A.S.
d. You are obliged to ensure that our status as the intellectual author of the content of the Portal is always recognized.
and. Any other right not expressly guaranteed in these Terms and Conditions is expressly reserved to JOLUU S.A.S.
6. Access Service
to. Although our Portal is available 24 hours a day, we do not guarantee or obligate ourselves to ensure its availability at all times and therefore we are not responsible for any damage this may cause.
b. Access to our site may be suspended at any time and without prior notification.
c. The transmission of information through the internet is not completely secure. Although we take all necessary precautions to protect your information, we can not guarantee the security of it; Any transfer of information to our Portal is at your own risk.
7. Responsibilities
to. Allergies, Expiry Dates and other relevant nutrition information: We try to copy and communicate all relevant information about the Products offered by the Suppliers. However, it is the responsibility of the Providers to provide said information and keep it updated.
b. The legal responsibility to provide the Products is between you and the Supplier or Suppliers who received the Order. Having established this, by using our Portal you acknowledge and accept the following:
i. We do not guarantee that the products received will be of your satisfaction or will be carried out according to the information provided by the Supplier.
ii. The delivery times communicated at the time, reflect the best estimate of the Supplier but will be subject to changes.
c. Nothing in these Terms and Conditions exempt us or limit our liability in case of death or injury due to our negligence, fraudulent interpretations or any other act contemplated by current legislation.
d. Subject to the previous clause, under no circumstances (including the use or impossibility of using the Portal) will we be responsible for:
i. Losses of sales, profits, clienteles
ii. Data loss
iii. Loss of business opportunities
iv. Loss of anticipated savings
v. Loss of any value in the shares of any company
saw. Or any indirect or resultant loss due to the Portal
and. Subject to the clauses of number 7, our liability arising in connection with the use of the Portal, under no circumstances will exceed twice the value of the Order or COP $ 100,000, whichever is less.
F. You assume full responsibility for any additional costs incurred in connection or as a result of the use of our Portal, including costs of repair, adaptation or maintenance of any installation, equipment, software (“software”), data or license that may own or be usufruct.
8. Termination
to. We reserve the unilateral right and without prior notice to terminate any user account that violates any of the clauses of the Terms and Conditions.
9. Communications
to. Eventually the current legislation requires us to send certain communications. By accepting these Terms and Conditions and / or using our Portal you agree that such communications may be in electronic format.
10. Advertising
to. Any advertising made by the Suppliers through our Portal or through our communications must comply with the legal requirements in force for said Products
4. i. While we do our best to ensure this, it is the Supplier’s entire responsibility to ensure that the advertising you receive complies with these requirements and by accepting these Terms and Conditions (or using our Portal) you waive any legal action against JOLUU SAS for any possible violation of any legislation of the advertising materials.
11. Force Majeure
to. We will not be responsible for not being able to comply with our services or do so in a delayed manner as specified by our Terms and Conditions in the event of events beyond our control (“Force Majeure”). Events of Force Majeure include acts, events, non-occurrence or omission, and / or accidents beyond our control and includes in particular (without any limitation):
i. Strikes or collective labor conflicts of a similar nature.
ii. Social upheaval, attacks, shootings, invasions, terrorist acts, war (declared or not) or threat or preparation for wars
iii. Fire, explosions, tornadoes, fires, floods, earthquakes, threats or terrorist attacks, epidemics or natural disasters.
iv. Impossibility of use of road infrastructure (streets, highways, roads, airports, river ports, etc.)
v. Impossibility of use of public or private telecommunications infrastructure.
saw. Acts, legislation, regulation, restrictions and / or decrees of any government.
vii. In the presence of Force Majeure events, we have the right to suspend Portal services until such events and their consequences are mitigated.
12. Legal
to. The Terms and Conditions of the Portal are under the jurisdiction of the Colombian laws. Any dispute related to this Portal (including disputes or non-contractual claims) will be subject to said laws.