Terms & Conditions
Terms and Conditions of www.letztitan.lu
These Terms govern
the use of this Website, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Website is provided by:
Owner contact email: [email protected]
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certainprovisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are alwaysexplicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicatedwithin this document.
By using this Website, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Account registration
To use the Service Users must register or create a User account, providing all required data or information in a complete andtruthful manner.Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choosepasswords that meet the highest standards of strength permitted by this Website.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if theythink their personal information, including but not limited to User accounts, access credentials or personal data, have beenviolated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Website is subject to the conditions outlined below. By registering, Users agree to meet suchconditions.
Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.
Account termination
Users can terminate their account and stop using the Service subject to the conditions and according to the procedures outlined inthe relevant section of this Website.
Account suspension and deletion
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice, at the Owner’s solediscretion, in these cases:
User has violated these Terms; and/or
User’s access or use of this Website may cause injury to the Owner, other Users or third parties; and/or
the use of this Website by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offencive or in violation of theseTerms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying anyapplicable fees or prices.
Content on this Website
Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by theOwner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legalprovisions or third-party rights. However, it may not always be possible to achieve such a result.In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferablyreport related complaints using the contact details provided in this document.
Rights regarding content on this Website – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate,transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the contentavailable on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Websitefor its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requestedby the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to this Website.
By providing content to this Website, Users confirm that they are legally allowed to do so and that they are not infringing anystatutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the respective section on this Website which details theacceptable uses.
Rights regarding content provided by Users
Users acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fullypaid-up and royalty-free licence to process such content solely for the operation and maintenance of this Website as contractuallyrequired.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same generalconditions set forth for content on this Website.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide through this Website. Users acknowledge and acceptthat the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, todeny the uploading User access to this Website:
upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on suchcontent;
if a notice of infringement of intellectual property rights is received;
if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for Users,third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to anyclaims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they providedto or provided through this Website.
Access to external resources
Through this Website Users may have access to external resources provided by third parties. Users acknowledge and accept thatthe Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights incontent, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicablelaw.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law,regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including bydenying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed throughthis Website or the Service to the competent authorities – such as judicial or administrative authorities – whenever Usersengage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Provision of personal data
To access or receive some of the Products provided via this Website as part of the Service, Users may be required to provide theirpersonal data as indicated on this Website.
Paid Products
Some of the Products provided on this Website, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sectionsof this Website.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to changewithout notice.
While Products on this Website are presented with the greatest accuracy technically possible, representation on this Websitethrough any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies nowarranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay theprice, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data,specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for suchpurposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any,delivery costs) that they will be charged.
Prices on this Website are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always besubject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Website.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount islimited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in thisdocument, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligationsand expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in thecorresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied asingle time even in cases involving instalment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon willautomatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and theredeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of theCoupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can befound in the dedicated section of this Website.
All payments are independently processed through third-party services. Therefore, this Website does not collect any paymentinformation – such as credit card details – but only receives a notification once the payment has been successfully completed. TheUser may read the privacy policy of this Website to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under noobligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expensesor damages from the User.
Authorization for future PayPal payment
If Users authorise the PayPal feature which allows future purchases, this Website will store an identification code linked to theUsers’ PayPal account. This will authorise this Website to automatically process payments for future purchases or recurringinstalments of past purchases.
This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users should verify the content of the delivery and report anomalies without undue delay, using the contact detailsprovided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Website.
Delivery times are specified on this Website or during the purchasing process.
“Click and collect”
Users may choose to collect their purchase at one of the “collection points” outlined in the dedicated section of this Website andaccording to the timeframe communicated.
Modality for arranged delivery
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice ingood time and at their own risk and expense.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchaseorder by the User, nor for any damages or delays after handover to any carrier arranged by the User and not offered orrecommended by the Owner.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner,who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawalright under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable totheir case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liableto the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessaryto acquaint him with the nature, characteristics and functionality of the goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw fromthe contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Usersare, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal noticebefore the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party –other than the carrier and designated by the User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a singlegood consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day onwhich the User or a third party – other than the carrier and designated by the User – acquires physical possession of the lastgood, lot or piece.
In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days afterthe day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursementswill be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incurany costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to aperson authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on whichthey communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users havesupplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which isnecessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law andmay be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about thecancellation conditions within this section.
Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from thecontract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document.Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal noticebefore the cancellation period expires. When does the cancellation period expire?
Regarding the purchase of goods, the cancellation period expires 14 days after the day on which the User or a third party– other than the carrier and designated by the User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a singlegood consisting of multiple lots or pieces delivered separately, the cancellation period expires 14 days after the day onwhich the User or a third party – other than the carrier and designated by the User – acquires physical possession of the lastgood, lot or piece.
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursementswill be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incurany costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to aperson authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on whichthey communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users havesupplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which isnecessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Brazilian User rights
Right of regret
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilianlaw. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contractsigned away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the productor service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rightsdescribed in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of thisdocument and in accordance with the guidelines in this section.
Exercising the right of regret
To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from thecontract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document.Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before theregret period expires. When does the regret period expire?
Regarding the purchase of goods, the regret period expires seven (7) days after the day on which the User or a third partydesignated by the User – other than the carrier – receives the goods.
Regarding the purchase of several goods ordered together but delivered separately, or in case of the purchase of a singlegood consisting of multiple lots or pieces delivered separately, the regret period expires seven (7) days after the day onwhich the User or a third party designated by the User – other than the carrier receives the last good, lot or piece.
Effects of regret
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurslater. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to processthe initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to aperson authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on whichthey communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the14-day period for returning the goods. The reimbursement may be withheld until receipt of the goods, or until Users havesupplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which isnecessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the Owner.
Guarantees
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years from delivery, traders guarantee the conformity of the goods they sell toConsumers.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on thisWebsite in accordance with the laws of the country of their habitual residence.
National laws of such country may grant Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with thelegislation of the country of their habitual residence.
Conformity to contract for Consumers in the United Kingdom
Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.
Legal guarantee of conformity for goods for Consumers in Brazil
The legal guarantee applicable to goods sold by this Website (both physical and digital) complies with the following terms,according to the Consumer Protection Code:
non-durable goods shall have a thirty-day (30 day) guarantee; and
durable goods shall have a ninety-day (90 day) guarantee.
The warranty period starts from the date of goods delivery.
The warranty is not applicable in cases of misuse, natural events or if it has been subjected to any maintenance other than thatprovided by this Website.The warranty may be claimed through the contact channels provided by this Website. The Owner shall bear the costs of shippingthe goods for technical assessment, if necessary.The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulationsapplicable to contractual warranties can be found in the specifications provided by this Website. If no such information isprovided, only the statutory provisions shall apply.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of theAgreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partnersand employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — madeby any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisionsconnected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees tothe extent allowed by applicable law.
The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers)against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against theOwner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractualobligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intentor gross negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Ownershall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User mayhave under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot beexcluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, includingliability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at theOwner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To themaximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, andwarranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty ofmerchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information,whether oral or written, obtained by the User from the Owner or through the Service will create any warranty notexpressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders,partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service willmeet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure;that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any
content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Usersshall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results fromsuch download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised oroffered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party toor in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/oroperating system. The owner cannot be held liable for any perceived or actual damages arising from Service content,operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties.The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also haveother rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to theextent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers,directors, agents, co-branders, partners, suppliers and employees be liable for:
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitationdamages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, orinability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service orUser account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information storedtherein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any contentposted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and itssubsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for anyclaims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid byUser to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between theOwner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whetherthe alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has beenadvised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the abovelimitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also haveother rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under theterms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages,obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arisingfrom
User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations andwarranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual propertyrights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username,password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurateinformation;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers andemployees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates orany other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service isdiscontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respectUsers’ rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure”events (infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’sexpress prior written permission, granted either directly or through a legitimate reselling program.
Privacy policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Website.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademarkrights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and aresubject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, orlogos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and aresubject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriatelyinform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound bythe changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previousversion from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under theseTerms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of theOwner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity orunenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force andeffect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required torender it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users andthe Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prioragreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permittedby law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in anamicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, ifso permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall notnullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the partieswould not have entered into the contract if they had known that the provision would not be valid, or in cases where the remainingprovisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of thisdocument, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumerprotection standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of theplace where the Owner is based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom,Switzerland, Norway or Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of thisWebsite or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, oraccount, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-courtmethod for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolvingdisputes stemming from contracts which have been entered into online. The platform is available at the following link.
Definitions and legal references
This Website (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Brazilian (or Brazil)
Applies where a User, regardless of nationality, is in Brazil.
Business User
Any User that does not qualify as a Consumer.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Digital Product
Is a Product that consists of:
content produced and supplied in digital form; and/or
a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other formof interaction with digital data uploaded or created by the User or any other user of this Website.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Example withdrawal form
Addressed to:
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the followingservice:
_____________________________________________ (insert a description of the goods/services that are subject to therespective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
Product
A good or service available through this Website, such as e.g. physical goods, digital files, software, booking services etc., andany other types of products separately defined herein, such as Digital Products.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other relateddocuments or agreements, and as updated from time to time.
United Kingdom (or UK)
Applies where a User, regardless of nationality, is in the United Kingdom.
User (or You)
Indicates any natural person or legal entity using this Website.
Consumer
Consumer is any User qualifying as such under applicable law.
Latest update: 1 August 2024