Selling at Genil Market

1. Purpose

genil.market (www.genil.market) is a platform aimed at digitizing retail businesses in the city of Puente Genil, offering them a space for visibility designed to help boost sales in a virtual storefront and marketplace environment.

The following sections describe the requirements, rules, and obligations that businesses must meet to participate in the genil.market initiative.

2. Requirements for Participating Businesses

The online sales platform, genil.market, is free, but subject to the terms and conditions of use described in this document.

Service providers and the provision of services will not be admitted, except for those with an IAE (Tax on Economic Activities) code related to the sale of products or retail commerce.

Businesses participating in the genil.market platform must meet the following mandatory requirements:

  1. Businesses whose IAE code falls under any of the following categories can join:
  • Group 64: Retail trade of food products, beverages, and tobacco in permanent establishments.
  • Group 65: Retail trade of non-food industrial products in permanent establishments.
  • Group 662: Mixed or integrated retail trade.
  • Group 665: Retail trade by mail or catalog of various products.
  • Group 861: Painters, sculptors, ceramists, artisans, engravers, fallero artists, and similar artists.

The following activities are expressly excluded:

  • Activities in Group 647, retail trade of food products and beverages in establishments with a sales area larger than 400 square meters.
  • Activities in Group 655, retail trade of fuels, lubricants, and fuel oils.
  • Activities in Group 646, retail trade of tobacco and smoking products.
  • Branches of large companies or multinational corporations.
  1. To be a business interested in selling products online.
  2. The business' fiscal address and workplace must be located in Puente Genil. In the case of individuals or civil societies, a different social and fiscal address will be accepted as long as there is sufficient evidence that the activity takes place in a workplace located in Puente Genil.
  3. The business must be a physical or legal entity that carries out an economic activity and be registered under the corresponding regime as a self-employed individual or company at the time of application.
  4. The business must have a valid civil liability insurance policy that covers any potential claims arising from the activity, including product liability.

The City Council of Puente Genil reserves the right to deny participation to businesses that promote or sponsor, directly or indirectly, violent behavior, drug use, and/or gambling activities.

3. Features and Operation

A platform called genil.market will be set up to facilitate the digitalization of businesses by providing an online space for selling products, which will be integrated into the website www.genil.market. Through this platform, businesses can display and sell their products, track the performance of their business on the platform, and access exclusive training.

3.1 Business Information Management on the Platform

Businesses will have access to a private area to manage information about their store, products, and any tasks related to their sales. The data entered through this private area may be public (such as business details, product descriptions, etc.) or private (such as account numbers, etc.).

These data can be modified as often as necessary. However, for data that may interfere with the platform's functionality and cannot be modified by the business, contact with the platform administrator is required.

Businesses will have technical assistance for managing the platform, either via phone, online, or in person.

Businesses wishing to participate with more than one brand name may have as many access points as the number of brand names they have, requiring a separate application for each brand name to gain differentiated access for each one.

In cases where the same individual (physical or legal) owns two or more physical stores and wishes to participate in genil.market with them, they may do so by meeting the requirements outlined in these guidelines, specifically under the section "FORMALIZATION OF APPLICATIONS TO PARTICIPATE IN THE GENIL.MARKET PLATFORM." For naming purposes and to differentiate the stores:

  • If the physical stores have the same name, the name of each store must include the name of the street where it is located (e.g., [Business Name]-[Street])
  • If the physical stores have different names, each will have its corresponding name on the platform.

3.2 Categories

genil.market will have categories to classify both businesses and products, which will have predefined subcategories.

Each business must select up to two categories for both classifying the business and its products, and may choose as many subcategories as needed in both areas.

Each business can determine the order in which its products appear within its space.

The current categories and subcategories are as follows:

  • PENDING CONFIRMATION

The City Council of Puente Genil may modify and/or expand the categories and subcategories based on needs.

3.3 Searches

Searches can be made by business, by product, or through a specific keyword search, among other criteria. The order in which businesses and products appear in search results will be shown randomly. However, after the search results, the buyer will have the option to sort them alphabetically, by price, or by other criteria.

3.4 Products: Features and Stock

  • Businesses can sell products related to the two main categories they previously selected.
  • Each business can list a maximum of 30 products per subcategory for online sale, and the business must list at least 5 products.
  • The business must ensure that the stock committed to genil.market is available.
  • If a sale occurs for a product that is out of stock, the business must immediately notify both the buyer and the platform manager to arrange a refund.
  • Failure to update stock could result in the City Council of Puente Genil taking measures to ensure a positive buying and selling experience, which may include denying access to genil.market.
  • Stock and products available on genil.market will be periodically reviewed, and the display of each business may be rotated to provide greater dynamism to the sales space.
  • Up to 5 images can be uploaded for each product.
  • Businesses will pay attention to both the quality of photographs and the content of the text.
  • In accordance with Law 4/2005, February 18, for Equality between Women and Men, non-sexist language and images must be used. Also, the business must not promote, sponsor, or incite, directly or indirectly, violent behavior, drug use, or gambling activities.
  • For each product, businesses must indicate whether it is available for in-store pickup and/or home delivery.
  • For each product, businesses may mark it as a new arrival.

3.5 Purchase Process

The selected products for purchase will be added to the shopping cart. The platform allows the buyer to make a combined purchase of products, even if these products come from different stores.

If a store has more than one address and "Store Pickup" is selected, all of the store's locations will appear, and the buyer will choose the location where they will pick up their order.

For each purchase involving a product from their store, the store will receive a notification and an email with the product details that need to be prepared.

The sales and shipping area will cover mainland Spain, excluding the Canary Islands, Balearic Islands, and the autonomous cities of Ceuta and Melilla.

Every delivered order must be accompanied by its corresponding sales receipt.

All participating stores on the genil.market platform, whether individuals or entities conducting economic activities, are subject to the regulatory authority of the Tax Agency. Additionally, when issuing invoices, stores are responsible for using devices such as point-of-sale terminals (POS), personal computers, advanced vending machines, advanced scales, tablets, mobile phones, and other devices that must meet the technical and functional specifications defined in the commercial regulatory framework.

3.6 Order Management and Shipping Conditions

Each store will be responsible for managing the orders and delivery of the products it offers within genil.market. This service must be fast, reliable, and handle the pick-up and delivery of products promptly, ensuring customer trust.

When the delivery is made at the store, the order must be prepared for pick-up within a maximum of 24 hours from receiving the order request for shopping, food, and fresh items. For other items, the general rule will be a maximum of 3 business days from order reception. The buyer must pick up their order within 7 business days, except for fresh and perishable items.

If a store has multiple addresses and "Pick Up in Store" is selected, all addresses of the store will appear, and the buyer will choose the location to pick up the order.

When the delivery is via shipping, the store will organize the shipment so that the delivery is completed within a maximum of 8 hours after the logistics provider picks it up for shopping, food, and fresh items. For special logistics, the maximum delivery time will be 8 business days from the shipping request. The store may use its own means or contracted transportation services proposed by the genil.market platform.

Repeated delays in order preparation times could lead to the termination of the agreement, unless external reasons justify the delays.

The buyer will be responsible for the shipping costs.

Each store must store and manage the products they sell in accordance with best practices and methods that ensure their good condition. Additionally, stores must refrain from modifying the original products or packaging offered for sale and must not alter, remove, or manipulate any trademarks, labels, numbers, or other identifying marks on the products, accepting responsibility for any harm or damage caused.

Each store must prepare the product properly packaged and labeled, ensuring that the packaging contains all necessary and easily legible inscriptions for the correct identification of the products, and is responsible for the product's condition. Given the nature and characteristics of the products sold, each store is responsible for ensuring the products are properly packaged to prevent any damage or degradation during transport and handling.

It is the store's responsibility to update the product status in the platform, as this provides a real-time overview of the status of all orders, which is crucial for managing payments and returns, if applicable.

Stores, in contact with their logistics service, must have access to shipment tracking information.

The delivery date set by the store on the platform will determine the payment date for the sales and the start of the return period for the buyer.

The sales and shipping area will cover Puente Genil and mainland Spain, excluding Ceuta, Melilla, the Balearic Islands, and the Canary Islands.

3.7 Payment Management

The financial relationship will be direct between the buyer and the selling store, with the store being responsible for any accounting, tax, or other obligations generated.

The payment for purchases will be determined at the time of the order completion on the genil.market platform. The platform will accept credit/debit cards as payment methods, depending on the conditions and limitations of the payment gateway through the platform's virtual POS. This gateway processes data securely using encryption, ensuring that neither the store nor any third party has access to the card or transaction details.

Respecting the legal return periods, if no return is made, the platform management company will pay the store the amount corresponding to the products sold once 14 days have passed since the product delivery date, with payments made on the 15th and 30th of each month. Payments will be made to the account number provided by the store in the platform's store profile.

3.8 Return Policy

The buyer will have 14 calendar days from receiving the order to return the purchased product.

According to applicable consumer law, the right to withdraw will not apply in the following cases:

  • The supply of goods made according to the consumer's specifications or clearly personalized.
  • The supply of goods that may deteriorate or expire quickly.
  • The supply of sealed goods that cannot be returned for health or hygiene reasons once unsealed after delivery.
  • The supply of goods that, after delivery, are mixed indiscriminately with other goods.
  • The supply of sealed audio or video recordings or sealed software programs that were unsealed by the buyer after delivery.

The exercise of the right of withdrawal will not result in any cost to the buyer, including return shipping costs, which will be borne directly by the store, except for the return shipping costs.

RETURN PROCEDURE:

The return process will begin when the buyer completes the online return form (withdrawal document), which will be sent to the platform's management company, and a copy will also be sent to the store.

Returns for in-store pickups:

Orders picked up in-store must be returned via the same method.

The maximum period for returning these products will be 2 business days from the date the buyer communicates their intention to withdraw.

The store must not accept returns without the withdrawal document.

Returns for home delivery:

The buyer may choose to return the item either via the same delivery address or by returning it to the store.

The return document will specify the type of return (in-store or home delivery) and the date and time slot when the store must arrange for the collection. The store must manage the collection of returned products on the day and time slot chosen by the buyer.

Once the product is returned, the store will examine it, and if no damage caused by the buyer is found, it will change the order status in the store's private area, automatically notifying the platform's management company of the return acceptance and refunding the buyer.

DEFECTIVE PRODUCTS:

If (i) the returned product shows any damage or deterioration attributable to the buyer due to manipulation other than necessary to establish its nature, characteristics, or functioning, or (ii) the product is returned incomplete, the buyer will bear the decrease in the product's value, which may result in the impossibility of returning the amount paid. In such cases, the buyer will be notified by email and given the option to retrieve or return the item at their expense within a maximum of 15 calendar days.

In any case, the store will not be responsible for the custody or deposit of the item while it is in the buyer's possession.

For defective products, if the product does not conform to the contract or presents defects, the buyer may request either a repair or replacement of the product, unless one of these options is objectively impossible or disproportionate. Both repair and replacement will be free of charge to the buyer, including shipping costs and any labor or material costs associated with the repair or replacement.

If a product does not conform to the contract and/or presents defects, the buyer must notify the store as soon as possible by filling out the withdrawal document available on the platform. This document will include details about the item(s) to be returned and whether the buyer prefers a repair or replacement. In response to this communication, the buyer will receive an email informing them of how to proceed with the return, as outlined in the GENERAL SALES CONDITIONS.

Once the return is received by the store, the item will be carefully inspected, and the buyer will be notified via email within a maximum of 10 business days as to whether the repair or replacement will proceed (if requested). If repair or replacement is not possible, the buyer has the right to either cancel the contract or receive a price reduction.

3.9 Promotions

Promotional codes may be used according to the terms and conditions published for each promotion.

4. FORMALIZATION OF APPLICATIONS TO PARTICIPATE IN THE genil.market PLATFORM

Any individual or entity interested in participating in the genil.market platform must submit their application electronically through the website www.puentegenil.org, following the requirements outlined there.

For any information, inquiries, or issues, you can contact us via email at info@genil.market, indicating the reference or subject: "adhesion genil.market."

The application to register on the platform must be accompanied by the following documentation:

  • Copy of the Commercial Establishment's Civil Liability Insurance receipt.

5. PROCESS OF RECTIFYING DEFECTS IN APPLICATIONS

If, after reviewing the documentation, it is found that the application is incomplete or missing necessary documentation, the applicant will be required to rectify the issues within 10 business days from the day the rectification request is communicated. Failure to do so will result in the exclusion of the application without further action, and a resolution will be issued accordingly.

6. APPLICATION ASSESSMENT AND FORMALIZATION PROCESS

The Puente Genil Town Hall will first verify that the applicant meets the requirements to participate in genil.market, as outlined in section 2.

Subsequently, each applicant will be informed of the assessment results via an official resolution sent by email.

In addition, any additional information or documentation deemed necessary to verify the submitted data may be requested from the applicant.

If the deadlines for submitting documentation are not met, the application will be considered invalid unless the Puente Genil Town Hall authorizes, upon the applicant's justified request, an extension of the deadline.

7. GENERAL RULES AND OBLIGATIONS OF PARTICIPATING STORES

7.1 General Obligations

The participants acting as merchants on the genil.market platform will assume the obligations outlined in these terms, which are expressly applicable, with reference (non-exhaustive) to the following obligations:

1. Comply with the requirements specified in section 2 of these terms.

2. Read and accept the other conditions set out in the documents "General Sales Conditions" and "Platform Terms of Use."

3. Keep information updated to ensure a satisfactory user experience.

4. Manage orders, shipments, and returns efficiently and reliably, ensuring timely and professional delivery of products to build consumer trust.

5. Have a valid civil liability insurance policy covering potential claims arising from business activities, including product-related liabilities.

6. Properly maintain accounting books if legally required.

7. Inform the platform management company of any changes in circumstances that may affect their participation in the genil.market platform.

8. Provide any information requested by the Puente Genil Town Hall in the performance of its duties.

9. Cooperate, where necessary, with the Puente Genil Town Hall in financial control and auditing activities, providing any requested information and documentation.

10. Obtain any licenses and permits necessary to carry out the business activity covered by this platform.

11. Guarantee the use of languages in platform content and communication materials (Web, Social Media, Emails, etc.), as well as in promotional and event materials.

12. Issue invoices using devices such as point-of-sale terminals (POS), personal computers, advanced vending machines, scales, tablets, mobile phones, and other devices that must comply with the technical and functional specifications defined in the commercial regulatory framework.

7.2 Products Eligible for Sale

All products eligible for purchase or sale, with exceptions noted in the following section, can be sold through the genil.market platform as long as the entire sales process complies with current legislation, especially laws regulating e-commerce and distance selling. The platform will provide, without restriction, "General Sales Conditions," "Platform Terms of Use," and "Minimum Standards for Commerce Management" that all merchants on the platform must comply with.

7.3 Prohibited Products for Sale

The sale of services of any kind and products prohibited by current legislation is not allowed. Specifically, the sale of the following products is prohibited:

1. Products deemed inappropriate by the platform administrators in their policy of marketable products.

2. Adult products typically sold in sex shops, including toys or publications of a sexual or pornographic nature, or substances related to sex.

3. Animals.

4. Body parts or bodily fluids.

5. Digital media and electronic devices that facilitate or encourage the transmission of digital content without authorization or in a manner that interferes with the functionality of electronic devices.

6. Discrimination: Offers of products must not discriminate or suggest preferences based on personal characteristics such as race, ethnicity, skin color, nationality, religion, age, gender, sexual orientation, gender identity, marital status, disability, or health conditions. All offers must comply with applicable anti-discrimination laws.

7. Documents, currencies, or financial instruments, including real currencies, virtual coins, or counterfeit currencies, even if their status is indicated.

8. The promotion or facilitation of betting, gambling, or lottery activities, including online casinos, sports betting, bingo, or poker.

9. Dangerous materials and substances. The promotion or sale of hazardous materials is not allowed.

10. The offers must not, under any concept or form, promote human trafficking or prostitution, nor escort services or any other class.

11. The promotion or sale of oral supplements is prohibited.

12. The promotion of job opportunities is prohibited. This includes opportunities that fully describe the product or business model associated.

13. Medical and health products: The sale of medical, pharmaceutical, or health-related services and products is prohibited. Products or devices designed to aid in smoking cessation that contain nicotine are also prohibited.

14. Misleading, offensive, or violent content is prohibited.

15. Prescription products, drugs, or any related items.

16. Products with sexually suggestive content. The platform's advertising and style policies will set specific rules and criteria on this matter.

17. The sale of withdrawn products is prohibited.

18. The offering of any kind of service is prohibited.

19. The sale of downloadable digital content, digital subscriptions, or digital accounts is prohibited.

Offers may not include products that infringe upon or violate third-party intellectual property rights, including copyrights or trademarks. This includes, but is not limited to, the sale or promotion of counterfeit products that replicate trademarks or distinguishable features of another company's original product.

SPECIFIC REGULATION FOR THE SALE OF ALCOHOLIC BEVERAGES FOR SELLERS

The use of this platform by sellers implies compliance with all current legislation regarding the sale of alcoholic beverages. Sellers are fully responsible for ensuring compliance with laws related to the advertising of alcoholic beverages, particularly the General Advertising Law and related regulations.

FOR BUYERS. The buyer must expressly declare being of legal drinking age and fulfilling all legal requirements for the purchase of alcoholic beverages.

8. PROCESS OF TERMINATING THE PARTICIPATION AGREEMENT

The agreement may be terminated for various reasons, including:

  • Merchant's withdrawal.
  • Death of the business owner.
  • Loss of all or some of the required conditions for obtaining and maintaining authorization.
  • Failure to comply with the terms outlined in these rules and the agreement itself, such as not updating information, maintaining products, or handling consumer complaints about product quality.

In these cases, the Puente Genil Town Hall may resolve the agreement without compensation or indemnity.

9. PROCESS FOR VOLUNTARY REMOVAL FROM genil.market

Merchants may request to unsubscribe from the platform at any time through their private area within the genil.market Platform, or by sending an email to info@genil.market. Their merchant profile will then be removed.

However, the Puente Genil Town Hall will retain historical sales data of the participating merchant.

To formalize the voluntary removal, the merchant must fill out the withdrawal form available in their private area under the "Unsubscribe" section. Once completed, the form can be downloaded in PDF, signed, and submitted to the Puente Genil Town Hall.

10. DATA PROTECTION

In accordance with the applicable data protection regulations, we inform you that the data provided through this registration will be processed by the Puente Genil Town Hall, which acts as the data controller, with the data being managed by CBT Comunicación & Multimedia, as the data processor.

The purpose of the processing is to manage your registration and participation as a seller on the buying/selling platform.

The legal basis for processing your personal data is Article 6.1.b) of the General Data Protection Regulation (GDPR), as it is necessary for the performance of a contract when you accept the terms and conditions to sell through the platform, as well as Article 6.1.e) of the GDPR, since the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller regarding the promotion of local commerce.

Your personal data may be published on the platform to allow the buyer to complete their purchase. No other communication of personal data or international data transfers to third countries or international organizations are planned, except as required by law.

The data will be kept for as long as necessary to fulfill the purpose for which it was collected and to determine any potential liabilities that may arise from the processing of your personal data.

You may exercise your rights of access, rectification, erasure, limitation, and objection through the Citizen Support Service (SAC) or the Electronic Headquarters at www.puentegenil.org/sac. You may also file a complaint with the Data Protection Officer of the Puente Genil Town Hall at dpd@puentegenil.org or with the Spanish Data Protection Agency at www.aepd.es. For more information: www.puentegenil.org/lopd.

11. APPLICABLE LEGISLATION

The activities carried out through online stores are subject to the applicable European and Spanish legislation regarding e-commerce, consumer protection, and personal data protection.

12. JURISDICTION AND DISPUTE RESOLUTION

Any dispute or conflict arising between buyers and sellers will be settled before the competent Courts and Tribunals in accordance with Spanish procedural law. Furthermore, we inform you of your right to use the European Union's Online Dispute Resolution (ODR) platform, accessible through the following link: https://commission.europa.eu/strategy/consumers_en