T&C's for buyers
LUXURY AFFAIR Roth, hereinafter known as: LUXURY AFFAIR,
operates a shop for new and second-hand designer fashion. LUXURY AFFAIR offers the provision, marketing and sale of second hand designer fashion for private and professional sellers, primarily via the website, www.luxuryaffair.com (in the following LUXURY AFFAIR website'), but also via other distribution channels.
The following General Terms and Conditions ('Terms') apply to the use of LUXURY AFFAIR website made available according to these Terms and govern the provision, representation and buying and sales processes in conjunction with the use of the services provided by LUXURY AFFAIR as well as the LUXURY AFFAIR website. For sellers, the additional Special Terms and Conditions of LUXURY AFFAIR Roth for Sellers (“Seller Terms”) apply. Said Terms and the Seller Terms are newly stipulated for each individual buying and sales process as well as required preparatory measures such as the provision and presentation of the sales items and do not constitute a master agreement. The user accepts the validity of these Terms each time he or she uses the LUXURY AFFAIR website (also when not in regard to the buying or sales process or a preparatory measure). Deviating and/or additional special terms and conditions can apply to possible special offers/promotions as well as other access options (e.g. via applications) initiated or supported by LUXURY AFFAIR.
Within the meaning of these Terms, a consumer is any individual, who concludes a transaction for purposes, which cannot be primarily attributed to his or her occupational activities (employed or self-employed).
Within the meaning of these Terms, an entrepreneur is any individual, entity or partnership with legal capacity, who/which acts in his/her/its professional capacity (employed or self-employed) when concluding a transaction.
A seller is a private or professional seller (consumer or entrepreneur), who commissions Luxury Affair to offer, market and sell the sales item designated for sale.
A buyer is a private or professional buyer (consumer or entrepreneur), who makes an offer to buy a sales item offered by LUXURY AFFAIR on the LUXURY AFFAIR website or via another distribution channel.
A user is a private or professional buyer or seller (consumer or entrepreneur) of sales items on the LUXURY AFFAIR website or another website visitor of the LUXURY AFFAIR website (e.g. to create a user account).
A Sales item is a designer second-hand item offered by LUXURY AFFAIR from sellers through the LUXURY AFFAIR website or another distribution channel.
1. General information; functioning of the LUXURY AFFAIR website; contractual relationships
Via the LUXURY AFFAIR website, which LUXURY AFFAIR operates, LUXURY AFFAIR offers a shop for new and second hand designer fashion. This website can be accessed on the Internet under the domain “luxuryaffair.com”. LUXURY AFFAIR can - but is not obligated - to provide other access options to the LUXURY AFFAIR website via connections to other services, e.g. via so-called applications (apps).
The registered users, i.e. private and professional sellers and buyers of new or used items for women, such as garments, bags, shoes, accessories, jewellery or the like can conclude a contract for the sales items presented on the LUXURY AFFAIR website via this shop made available by LUXURY AFFAIR.
While entering data or information, the respective user can correct or delete his or her entries using the standard keyboard or mouse navigation.
The users registered at LUXURY AFFAIR can act as sellers as well as buyers of sales items. Users registered as buyers at LUXURY AFFAIR can view photographs and descriptions of sales items via the LUXURY AFFAIR website and make an offer to buy the shown sales items. The presentation of the item on the LUXURY AFFAIR website indicates whether the seller is a professional or private seller according to his or her own information.
LUXURY AFFAIR conducts visual inspections, to determine whether or not sales items are fake as well as to identify their condition. There is no minimum period for the use of the LUXURY AFFAIR website.
In each individual sales process between the users, LUXURY AFFAIR acts as a representative with authority to conclude a contract for the respective seller (represented by LUXURY AFFAIR as the seller’s representative), who, upon concluding the sales contract with the buyer, sells and assigns the immediately due claim against the buyer to LUXURY AFFAIR without recourse (i.e. without a basis for recourse on behalf of LUXURY AFFAIR against the seller in the event of the buyer’s lack of creditworthiness). Details can be found in the Seller Terms. In exceptional cases LUXURY AFFAIR has the right to offer and sell items of their own on the website.
Contracts concluded through LUXURY AFFAIR between the buyer and seller (represented by LUXURY AFFAIR), solely entitle and obligate the respective buyer and seller in regard to the sales item and possible rights associated with it, in particular warranty claims but excluding the assigned claim for the purchase price, unless LUXURY AFFAIR is acting on its own behalf in view of the seller or buyer. The buyer’s direct contractual claims against LUXURY AFFAIR in regard to the sales item are not constituted unless LUXURY AFFAIR is acting on its own behalf in view of the buyer. The relationship between the respective seller and LUXURY AFFAIR does not represent a contract for the benefit of or with protective effect for third parties (in particular the buyer).
2. Registering as a user / deleting a user account
The use of the services on the LUXURY AFFAIR website requires sellers and buyers to register as users and to create a user account associated with said registration. There is no entitlement to the registration of a user account. A user account is non-transferable. A seller or a buyer can create one user account only.
Registration is free and is carried out by opening a user account. Depending on the use as a seller or buyer, there are different rights and obligations for the respective user. For sellers, the additional Seller Terms apply. If the Seller Terms stipulate provisions with the seller, which contradict the provisions stipulated in these Terms, the former take precedence.
Registration is only permitted to entities, partnerships and individuals with unlimited legal capacity. Minors in particular, are not permitted to register on the LUXURY AFFAIR website.
The registration of an entity (e.g. a private limited company) or any other company or association with its own legal entity (e.g. a private limited partnership or an association) may only be carried out by an individual with power of representation, whose name must be indicated. Furthermore, when registering, only individual persons can be specified as the owner of the user account (i.e. for example no married couples, families or co-ownerships).
The information requested by LUXURY AFFAIR during registration must be indicated in full and to the best of the user’s knowledge. This includes first and last name, the current address (excluding POBs), a valid E-mail address and telephone number as well as the company and an authorised representative, if applicable. The user can also provide additional information and include a profile photograph. If the provided information changes after registration, the user is obligated to immediately update the changes in question in his or her user account.
When registering, the user must choose a user name and a password. The user name may not consist of an E-mail or Internet address, may not infringe on third party rights – e.g. rights to a name or trademark rights – and may not offend common decency, The user is obligated not to disclose his or her access data to third parties (if applicable, including persons of the same company or association not listed as authorised representatives) and to take appropriate measures to maintain confidentiality of said data and to prevent the misuse of his or her user account by third parties (if applicable, including persons of the same company or association not listed as authorised representatives). If the user has any indications that his or her user account is being or was misused by any third party (if applicable, including persons of the same company or association not listed as authorised representatives), he or she is obligated to immediately notify LUXURY AFFAIR thereof, e.g. using the following E-mail address: firstname.lastname@example.org. LUXURY AFFAIR will not disclose a user’s password to any third party (if applicable, including persons of the same company or association not listed as authorised representatives) and will never request a user’s password via E-mail or telephone.
Users assume liability for all activities, which take place using their user account. If the user is not responsible for the misuse of his or her user account, e.g. based on the fact that no infringement of existing due diligence is evident, the user is consequently not liable.
3. Buying a sales item; conclusion of contracts
The listing and presentation of a sales item on the LUXURY AFFAIR website is solely a request for a buyer to submit an offer.
To purchase a sales item on the LUXURY AFFAIR website, a buyer registered at LUXURY AFFAIR can click the “add to cart” button, to place said item into his or her shopping cart. A shopping cart can contain sales items from one or several sellers and at the same time, these sales items can be from different professional or private sellers. This is the first step of the buying process and not binding on any of the parties. Before the buyer submits a binding offer, the buyer has the option of reviewing all information he or she provided and the sales items placed in the shopping cart and if necessary, of correcting and/or removing sales items out of the shopping cart. The user does not place a binding offer until clicking the “Buy” button. Following this, the buyer receives a confirmation of the receipt of his or her offer to buy. This confirmation does not constitute an acceptance of the buyer’s offer by LUXURY AFFAIR on behalf of the seller.
The sales contract between the buyer and the seller is only concluded when LUXURY AFFAIR expressly declares the acceptance of the buyer’s offer on behalf of the seller by sending the buyer a shipping confirmation. If LUXURY AFFAIR has not yet received the sales item at the time the offer to buy is submitted, there can be a period of up to 14 work days within Switzerland and up to 21 work days in all other shipping countries between submission of an offer to buy and the acceptance of said offer by LUXURY AFFAIR on behalf of the seller due to delivery times and the time LUXURY AFFAIR requires to inspect the sales item. Outside the European Union or within hard-to-reach areas, the period may be exceeded in individual cases. Until the buyer has received the acceptance of his or her offer to buy, the buyer can cancel said offer at any time and without stating reasons by informing LUXURY AFFAIR in writing. An E-mail to email@example.com suffices; possible payments, which were made prior to the acceptance of the buyer’s offer (by LUXURY AFFAIR acting on behalf of the seller), are subject to the conclusion of a sales contract. If a sales contract is not concluded (e.g. if an inspection of a sales item by LUXURY AFFAIR, which LUXURY AFFAIR did not receive until after an offer has been submitted, determines that the sales item does not sufficiently comply with the information provided by the seller or the sales item is a fake), payments made by the buyer are refunded. Interest for such payments is excluded. The buyer’s offer can be refused without stating reasons. In this case, LUXURY AFFAIR will inform the buyer of the non-acceptance of his or her offer via E-mail.
Provided that LUXURY AFFAIR acts as a seller on its own behalf, the sales contract between LUXURY AFFAIR and the buyer is directly concluded with the acceptance of the offer in the form of a shipping confirmation sent via E-mail by LUXURY AFFAIR.
The buyer can find information about the current status of his or her purchases or offers in his or her user account.
LUXURY AFFAIR offers voucher codes as part of marketing campaigns. Only the recipient of such a voucher is entitled to use it. The transfer is prohibited. Only one voucher can be deducted per order or contract.
4. Buyer’s right of cancellation after concluding a sales contract for a sales item
If the buyer is a consumer with usual residence in one of the member states of the EU and the seller is an entrepreneur, the buyer is entitled to a right of cancellation within the legal framework. In the event that the seller is also a consumer, the buyer is not entitled to a right of cancellation under applicable law.
The buyer’s right of cancellation corresponds to sales contracts for a sales item according to section 3 of these Terms and must be distinguished from the right cancellation pertaining to the submission of an offer to buy a sales item according to section 3.3 of these Terms, of which the buyer is separately informed directly prior to the submission of an offer.
The notification of cancellation must be sent to LUXURY AFFAIR as the representative of the seller with authority to conclude a contract according to section 1.6 of these Terms.
4.2 Cancellation policy
RIGHT TO RESCIND
You have the right to cancel this agreement within fourteen days without giving reasons.
The cancellation period is fourteen days from the date on which you or a third party designated by you, other than the carrier, take possession of the goods.
In case of a recall, you will have to take the costs for the return shipping.
If you make use of this option, we will promptly (for example by E-mail) send you a confirmation of the receipt of the withdrawal. To guarantee the cancellation period, it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
To exercise your right of cancellation, you can also inform us, as the seller’s representative of your decision to cancel this contract by means of an unequivocal statement. You can contact us by means of a letter sent by post or E-mail.
LUXURY AFFAIR Roth
E-mail address: firstname.lastname@example.org
– I/we () hereby cancel the contract I/we () concluded for the purchase of the following goods ()/the provision of the following services () - ordered on ()/received on () - name of consumer(s) - address of consumer(s) - signature of consumer(s) (only for communication on paper) - date
CONSEQUENCES OF CANCELLATION
If you cancel this contract, we must return all payments we received from you, immediately and within fourteen days, at the latest, as of the day on which we receive the notification of your cancellation of this contract. The refund will be processed using the same payment method used in the original transaction. In no instance will fees be charged for this refund. We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner.
You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen day period. You must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to any handling that is not necessary for the testing of the quality, properties and function of the goods.
Professional sellers do not grant a right of cancellation for contracts concluded with consumers, who have their usual residence in a non-EU country unless the respectively applicable national laws stipulate this for the protection of the consumers.
By reselling a purchased item at LUXURY AFFAIR, the Seller Terms will automatically be consented.
In the event that the seller is also a consumer, the buyer is not entitled to a right of cancellation under applicable law. However, if the buyer does not like the purchased item, LUXURY AFFAIR offers the possibility within a period of seven days to put the item back on sale for a fee of 10% of the sales price in case of sale. By reselling the purchased item at LUXURY AFFAIR, the seller's terms and conditions will be automatically approved. The sales item itself initially remains in the possession of the seller. Only when receiving a purchase offer from a buyer, the sales item can be sent to LUXURY AFFAIR by the seller.
5. Prices; payment terms; payment of the purchase price
All prices shown on the LUXURY AFFAIR website for a sales item are final prices in Euro including corresponding shipping costs. All international packages may be subject to duties and taxes and are at your responsibility. The limits for duty-free packages are established by your local customs authorities.
LUXURY AFFAIR currently offers the buyer the following methods of payment:
Credit card (Visa/MasterCard/American Express)
The buyer can choose from the listed payment methods. LUXURY AFFAIR reserves the right to add other payment methods in the future or to refrain from using payment methods, which it currently offers.
The billing for payment via credit card and Apple Pay is carried out by:
354 Oyster Point Blvd
South San Francisco
LUXURY AFFAIR reserves the right to exclude individual buyers from individual payment options.
If a sales contract has been concluded between the buyer and the seller (represented by LUXURY AFFAIR), the buyer is obligated to pay the purchase price for the sales item. The purchase price is immediately due. The reservation for conditional payments rendered by the buyer prior to contract conclusion is deemed void after conclusion of the sales contract. A possible right of cancellation according to section 4 of these Terms remains unaffected.
Given that the seller’s claim against the buyer in regard to the purchase price of the sales item is assigned to LUXURY AFFAIR with the conclusion of the sales contract (cp. section 1.6 of these Terms), the buyer is entitled and obligated to solely render payments to LUXURY AFFAIR or to an individual designated by LUXURY AFFAIR. The method of payment chosen by the buyer (cp. section 5.2 of these Terms) defines the more detailed payment arrangements of the purchase price. LUXURY AFFAIR uses the
354 Oyster Point Blvd
South San Francisco
for payment processing and does not accept direct payments from the buyer.
Shipment of the sales item; delivery periods; shipping costs; deliveries to a member state of the European Union
Some of the sale items are still in possession of the seller at the time a buyer offers to buy said sales item. The seller is immediately informed of the buyer’s offer to buy and is requested by LUXURY AFFAIR, to immediately send the sales item to LUXURY AFFAIR however, within five work days at the latest.
Upon receipt of the sales item by LUXURY AFFAIR, LUXURY AFFAIR will first inspect said sales item prior to possibly accepting the buyer’s offer (whereby LUXURY AFFAIR acts as the seller’s representative). Therefore, delivery time at LUXURY AFFAIR can amount up to 21 days.
If a sales item cannot be delivered to LUXURY AFFAIR within 21 work days after receipt of the offer to buy or was not delivered to LUXURY AFFAIR by the seller, LUXURY AFFAIR reserves the right to reject the buyer’s offer via E-mail or inform the buyer via E-mail that the sales item has not yet been received. In the latter case, the buyer can decide whether or not he or she would like to commit to his or her offer for an additional 14 work days by notifying LUXURY AFFAIR via E-mail. If the buyer does not respond to LUXURY AFFAIR’s query whether or not the offer is to be maintained within three work days, LUXURY AFFAIR will then assume that the buyer is no longer interested in maintaining his or her offer to buy and a sales contract is not concluded. If a sales contract is not concluded, possible payments, which were already rendered for the sales item by the buyer, are immediately refunded.
Sales items, which LUXURY AFFAIR already has in stock, are usually sent to the buyer within 1-3 working days after the payment has been made.
The delivery times are shown in the respective sales item description and can amount to a maximum of 21 work days for sales items, which are not sent to LUXURY AFFAIR until after the submission of an offer (see section 6.1). After accepting an offer to buy a sales item, said sales item is usually shipped within the next 1-3 working days after the payment has been made. The respective buyer can view the current delivery status on the LUXURY AFFAIR website. Delivery time within Switzerland usually amounts not more than 7 work days. For international deliveries, delivery time is usually not more than 21 days. As a basic principle, the delivery of a sales item is only made to the delivery address indicated by the buyer in his or her user account. Deviations from said address must be stipulated separately with the LUXURY AFFAIR Roth.
For deliveries of sales items on the part of the seller to LUXURY AFFAIR from a member state of the European Union or deliveries on the part of LUXURY AFFAIR to a buyer in a member state of the EU, the seller or rather buyer is responsible for observing the export and import regulations of the respectively concerned countries (e.g. for fur trimmings on the sales items or special types of leather). LUXURY AFFAIR does not assume any liability in this respect. These rules also apply to buyers outside the European Union. The seller or rather buyer must obtain any official authorisations required for export or import in his or her name and at his or her own expense. Importing sales items into the respective country of destination can possibly lead to additional costs, fees or taxes, which must be borne by the seller or rather buyer. These costs cannot be deducted from the purchase price nor do they constitute a right of retention to the sales items.
7. Questions about an item
Questions in regard to the sales item can be asked via e-mail to email@example.com. LUXURY AFFAIR will forward the question to the seller and transfer the answer.
This function may not be used to infringe on personal rights, copyrights, trademark rights or other third party rights, nor to insult, harass or threaten third parties or to publish comments/statements, which are anti-constitutional, obscene, immoral, discriminatory, political, ideological or glorify violence.
Furthermore, the function may not be used to advertise – even free of charge – for other telemedia and/or companies, to ask users to access other telemedia or to debase or disparage LUXURY AFFAIR and/or another company. This function may not be used for the buyer and seller to come to an agreement on purchasing the shown sales items outside of the LUXURY AFFAIR website or to state any private contact details (especially name, address, telephone number, Email-Address)
LUXURY AFFAIR can remove or redact questions completely or partially at any time without prior notice or stating reasons. LUXURY AFFAIR also assumes no liability for the correctness of the information given in the text messages.
If third parties assert claims against LUXURY AFFAIR on the grounds of a question being illegal or otherwise in connection with a question, the user of the user account from which the question was asked must immediately support LUXURY AFFAIR in regard to its legal defence and upon first request by LUXURY AFFAIR, indemnify LUXURY AFFAIR from all third party claims (e.g. legal expenses and claims for compensation). Further claims against the user by LUXURY AFFAIR remain unaffected.
The buyer can - without affecting his or her other rights (in particular regarding possible warranty claims against the seller) – also contact the following address in the event of complaints regarding sales items he or she purchased: firstname.lastname@example.org.
LUXURY AFFAIR reserves the right to inform the respective seller of the complaints it received in his or her regard and ask the seller to respond accordingly. LUXURY AFFAIR will inform the buyer of the seller’s response. If an understanding between the buyer and seller cannot be reached in this manner, LUXURY AFFAIR can also, with the agreement of the buyer and seller, suggest a reduced purchase price and ask the buyer and seller to agree to this reduced purchase price. If the buyer and seller agree to the reduced purchase price, any already overpaid difference will be refunded to the buyer.
9. Warranty; statute of limitations; liability
LUXURY AFFAIR does not grant any warranty for defects for sales items sold by LUXURY AFFAIR for a seller. The respective seller is solely responsible in this respect. Furthermore, LUXURY AFFAIR does not issue any guarantees.
The sale takes place without any responsibility for material defects unless the seller has accepted a guarantee for the condition of the item. The above-mentioned liability limitation is not valid for deliberate or grossly negligent violations to contractual commitments, for fraud or for non-accidental damage arising from injury to life, the body or health.
If the buyer is a consumer, the warranty for defects in the case of new merchandise from sellers acting in a professional capacity is two years as of receipt of the merchandise, for second hand merchandise, one year as of receipt of the merchandise.
If the buyer is an entrepreneur, the warranty for defects in the case of new merchandise is one year as of receipt of the merchandise; second hand merchandise is excluded from any warranty. The entrepreneur acting as a buyer is obligated to claim apparent defects of the delivered sales items from the seller (or LUXURY AFFAIR as the seller’s receiving agent) within a time limit of two weeks as of receipt of the sales item; the assertion of a warranty claim is otherwise excluded. Punctual announcement of the return in the profile of the buyer and dispatch suffices, to comply with the time limit. This does not affect manufacturer warranties.
If and insofar as LUXURY AFFAIR inspects sales items as to whether or not they are originals or fakes, LUXURY AFFAIR will perform this task diligently in the form of an external visual inspection using appropriately trained personnel. LUXURY AFFAIR does not owe any other measures. LUXURY AFFAIR expressly indicates that especially elaborate fakes can only be distinguished from the respective brand-name product with considerable efforts and therefore, be recognised as fakes. Therefore, LUXURY AFFAIR does not assume any liability in regard to the sales item actually being original merchandise or a brand-name product. The inspection by LUXURY AFFAIR does not lead to the user being able to assert any liability claims against LUXURY AFFAIR; the inspection is not a task in line with a contract with protective effect or for the benefit of third parties.
LUXURY AFFAIR does not assume any liability for external content or links to other telemedia on the LUXURY AFFAIR website.
If LUXURY AFFAIR is acting as a seller, the buyer’s warranty claims are against LUXURY AFFAIR in accordance with statutory provisions.
LUXURY AFFAIR is liable to the user as follows:
for damages resulting from loss of life, physical injuries or damage to health and for damages based on an intentional or grossly negligent breach of duty by LUXURY AFFAIR or its legal representatives or vicarious agents, without limitations in accordance with the statutory provisions;
for the loss of or damage to sales items sent to the buyer by LUXURY AFFAIR; furthermore, limited to 5,000 EUR per sales item; if the buyer chooses a higher insurance sum by explicitly notifying LUXURY AFFAIR, liability by LUXURY AFFAIR is limited to the respectively chosen insurance sum in the event of a claim;
in all other cases, solely in the event of a culpable breach of essential contractual obligations, which require to be fulfilled, in order to meet the purpose of the contract and therefore, which the seller should have been able to rely on and also only for foreseeable damages typical for the contract.
Compulsory provisions regarding consumer protection in the country in which the consumer has his or her main residence at the time of contract conclusion remain unaffected.
10. Cancellation rights
The general use of the LUXURY AFFAIR website is stipulated indefinitely and can be cancelled by the user at any time in writing. Cancellations must be sent to:
LUXURY AFFAIR Roth
E-mail address: email@example.com
If a user cancels the use of the LUXURY AFFAIR website, LUXURY AFFAIR will immediately delete the respective user profile. At the time of cancellation, the cancellation of use does not affect the user’s duties, which already arose prior to cancellation of use regarding concluded or initiated sales contracts pertaining to a sales item (e.g. the buyer’s obligation to already submitted offers to buy).
LUXURY AFFAIR has the right to an extraordinary notice of cancellation for the user’s use of the LUXURY AFFAIR website at any time for cause. In particular, cause for LUXURY AFFAIR applies to:
The attempt of selling fakes or otherwise infringing merchandise via the LUXURY AFFAIR website,
the attempt of selling merchandise belonging to third parties without authorisation via the LUXURY AFFAIR website,
the attempt of selling pornographic, racist, inciting, anti-constitutional logos or labels of unconstitutional and/or otherwise illegal organisations,
the attempt to sell or have sales items sold and/or buy or have sales items bought, which have already been listed on the LUXURY AFFAIR website, by circumventing LUXURY AFFAIR,
the misuse of the communication options on the LUXURY AFFAIR website, to insult, harass or threaten third parties, to distribute immoral, obscene, political or ideological information or information, which glorifies violence or endangers adolescents,
the breach of essential contractual obligations in line with the use of the LUXURY AFFAIR website to LUXURY AFFAIR and/or other users,
LUXURY AFFAIR shuts down the LUXURY AFFAIR website, significantly alters its orientation or significantly limits its functionality.
Section 11 of these Terms remains unaffected.
11. Blocking and limitation
On the basis of justifiable interest, LUXURY AFFAIR reserves the right to block or limit the user’s user account and/or selected or all sales items, e.g. in the event of suspected fraud or another breach of these Terms, without prior warning, temporarily or indefinitely and in doing so, to completely or partially exclude the user’s further use of the LUXURY AFFAIR website. Blocking automatically leads to an exclusion to create more accounts at LUXURY AFFAIR.
LUXURY AFFAIR has the right to limit access to the LUXURY AFFAIR website, completely or partially, temporarily or permanently for individual users or in general or to shut down the LUXURY AFFAIR website at any time. This particularly applies to cases of improper use of the LUXURY AFFAIR website by a user, as a defence against malware and other dangerous instruments (e.g. Trojans, viruses) as well as for the protection of its own interests.
LUXURY AFFAIR reserves the right to charge the user the costs resulting from a blocking/limitation as well as an unblocking, for which the seller is responsible. The amount of these costs is calculated at equitable discretion taking the actual expense into particular consideration. The user is at liberty to prove that LUXURY AFFAIR actually incurred no or lesser costs.
12. Rights of use
The user transfers a non-exclusive, at any time revocable, free, unlimited, worldwide, sub licensable right of use for the use of the contents on but not limited to the LUXURY AFFAIR website to LUXURY AFFAIR for the contents (such as product photographs/item photographs, item descriptions, profile pictures, comments, etc.) posted by the user. In particular, the right of use includes the right of making contents publicly available on mobile and stationary end devices, the right of reproduction, the right of distribution as well as the right of broadcasting.
13. Operation and availability
The LUXURY AFFAIR website is operated and maintained by LUXURY AFFAIR Roth.
LUXURY AFFAIR will strive to make the LUXURY AFFAIR website available to the users as well as the public with an annual availability average of 95%. Downtimes, which are used for the improvement, redesign and/or optimisation of the LUXURY AFFAIR website (e.g. software updates, improvement of security, redesign or optimisation of the content and presentation) and technical measures (e.g. server maintenance) are not taken into account for the aforementioned annual average.
The user is not entitled to LUXURY AFFAIR making the LUXURY AFFAIR website available at all times and/or without any alterations.
14. Data privacy
15. Information regarding distance selling contracts and e-commerce contracts
15.1 Identity/representatives/address for service/operator’s own contents:
Luxury Affair Roth
represented by the Managing Director Adeline Roth
E-mail contact: firstname.lastname@example.org
For all links to other websites on the Internet, Luxury Affair Roth expressly declares that it has no influence on the design or contents of the said linked websites. Therefore, Luxury Affair Roth hereby explicitly distances itself from all contents of all linked third-party websites on luxuryaffair.com. Luxury Affair Roth does not adopt such contents as its own and does not assume any liability or guarantee for these third-party contents.
15.2 Right of cancellation
There is a right of cancellation according to section 4 of the General Terms and Conditions of Luxury Affair Roth for the LUXURY AFFAIR website for users, who are consumers.
15.3 Terms and Conditions
You can find the General Terms and Conditions of Luxury Affair Roth for the LUXURY AFFAIR website and the Special Terms and Conditions of Luxury Affair Roth for the LUXURY AFFAIR website – For Sellers here.
15.4 Storage of the wording
The notification of the user regarding the conclusion of a contract contains the wording of the contract including a link to the respectively valid terms and conditions. The wording of the contract is stored internally by Luxury Affair Roth for a limited time and for reasons of security, is no longer accessible via the Internet after contract conclusion. Provisions pertaining to tax law as well as commercial law remain unaffected by sentence 2.
16. Contract language, applicable law and jurisdiction
The contractual language is German. However, LUXURY AFFAIR provides the contents of the website in other languages as well. Should any obscurities, doubts or disagreements or the like arise during the contract period or at a later point in time regarding the legal interpretation or application of these provisions, in cases of doubt, the German version of the General Terms and Conditions of Luxury Affair Roth for the LUXURY AFFAIR website is regarded binding in terms of the law. Therefore, no liability is assumed for the English version.
Swiss law applies to all legal relations and disputes between LUXURY AFFAIR and a user resulting from and in conjunction with the use of the LUXURY AFFAIR website, who has his or her usual or main residence in a member state of the EU at the time of contract conclusion. Swiss law applies to consumers with their main residence in a non-EU country excluding the Swiss consumer protection laws.
Irrespective of this applicable law, the compulsory consumer protection laws of the country in which the consumer has his or her main residence at the time of contract conclusion also always applies to the consumers.
Place of jurisdiction for all disputes resulting from or based on this contractual relationship is the business location of Luxury Affair Roth in Gipf-Oberfrick, insofar as the buyer is a merchant or does not have a place of general jurisdiction in Switzerland. However, Luxury Affair Roth can also choose to bring action against a user at his or her place of general jurisdiction.
In the event that a provision or parts of a provision of these Terms is/are ineffective, all other provisions or parts of the provision remain unaffected therefrom.
LUXURY AFFAIR can transfer all duties and rights, completely and partially, resulting from the contract with the user to a third party. LUXURY AFFAIR will inform the user of this in due time and in advance. The user can object to this transfer for legitimate reasons within 14 work days as of receipt of the information.
The European Commission provides a platform for online dispute resolution (ODR). You can reach this platform on www.ec.europa.eu/consumers/odr/.