General Terms and Conditions of Use as well as data protection regulations and license conditions for the use of: www.myluxo.de / www.myluxo.com
The web-platform under the URL of www.myLuxo.com and www.myLuxo.de is operated by myLuxo (Owner Daniel Koeser, Rehweg 14, 53639 Königswinter, Germany (hereinafter "myLuxo").
Upon registration in accordance with § 3 access to and use of myLuxo web-services may also be granted via other websites, e.g.
websites operated by advertisers allowing direct access to myLuxo services.
Such grant of access via third parties, especially via websites of advertisers, however, is beyond myLuxo's control.
Therefore, myLuxo will only take responsibility for the provision of its services under the afore-mentioned URL itself.
myLuxo aims to offer advertisers web-space to present their products and create sales opportunities.
The web-platform under the URL of www.myLuxo.com and www.myLuxo.de enables visitors to access the websites of various advertisers through
one single page in order to gather information on myLuxo services and products offered by the advertisers.
These General Terms and Conditions set forth the terms on which myLuxo offers access to and use of its services for advertisers as well as users.
Contracts between users and advertisers:
These General Terms and Conditions are expressly not applicable for the execution of any specific order placed by a user regarding
any product of an advertiser being presented via myLuxo.
Such contractual relationship is solely governed by the terms and conditions agreed upon by advertiser and user.
For the avoidance of doubt, not in any case the use of myLuxo services, though leading to a specific order of a product in the web-shop of an advertiser,
shall be deemed to construe a contractual relationship between the user and myLuxo in this respect.
The user is not entitled to any claim for specific performance, warranties or consultancy towards myLuxo.
§ 2 - General Definitions and Elements of the Contract
Parts of the Agreement:
Access to and use of the myLuxo web-platform are governed by the terms and conditions set out herein; user's or advertiser's General Terms and Conditions,
if any, are herewith expressly rejected.
These terms and conditions are supplemented by the "Principles" as amended from time to time and available under the URL http://www.myLuxo.com/info/
Modifications to these General Terms and Conditions:
myLuxo retains the right to modify these General Terms and Conditions at any time, such modification becoming effective also for existing contractual relationships.
myLuxo, however, shall notify advertisers and users about such intention at least three months prior to the envisaged entry into force of the modified General Terms and Conditions.
Advertisers and users are then entitled to raise their objection against such modification within 30 days upon receipt of afore-mentioned notice.
Should advertisers and users not object the modification within this time-limit and continue to use myLuxo services, the modification shall be deemed tacitly accepted within further ten days.
Nevertheless, myLuxo has to inform advertisers and users about such consequence of their silence again either in written or in text form.
"Advertisers" or "Dealer" are those individuals and companies using the myLuxo web-platform in order to present their products to users and create sales opportunities.
"Users" are registered visitors of the myLuxo web-platform using myLuxo as a cost-free web-service; users, however, may also book additional payable services (e.g. banner advertisements).
"Products" are those goods and services being presented by advertisers on the myLuxo web-platform in order to create sales opportunities.
§ 3 - Admission Requirements
The use of the full functionality of the myLuxo web-platform requires the registration of advertisers or users.
However, visitors of www.myLuxo.com and www.myLuxo.de that are not registered will be able to access the products presented on the page and contact the respective advertiser.
Experiencing the full functionality of the myLuxo web-platform requires a formal registration.
The applicant shall not have any entitlement in this respect.
Therefore, myLuxo retains the right to reject any application for registration without stating reasons.
Only entrepreneurs within the meaning of § 14 German Civil Code (Bürgerliches Gesetzbuch) reserve the right to apply for registration as advertiser.
If the applicant is a legal entity the application has to be submitted by a natural person with unlimited legal capacity and the necessary power of attorney.
An application for registration as a user is available also to consumers within the meaning of § 13 German Civil Code.
During the registration procedure the applicant has to create a user name and a password for the account.
myLuxo recommends to regularly change the password for reasons of data security.
Any contact details and other data submitted during the registration procedure has to be complete and correct.
When applying on behalf of a legal entity the applicant also has to state the natural authorized representative.
Once the application is submitted myLuxo will check its completeness and plausibility.
If the submitted data is correct and if there are no other objections against successful registration myLuxo will approve the registration by
sending an email to the new advertiser or user.
This email shall be the declaration of acceptance.
Upon such acceptance the advertiser or user is enabled to fully use the functionalities and services of myLuxo.
The advertisers reserve the right to define any terms and conditions regarding the conclusion and execution of contracts with the users.
They may decide at their sole discretion whether to make an offer regarding a product to a specific user or accept an offer by a user.
Users are not entitled to any claim against myLuxo for granting user access to the respective advertiser or for acceptance of an offer by an advertiser.
Advertisers also reserve the right to limit or lock any user account or enter into a contractual relationship with a user, all such decisions being beyond myLuxo's control.
Non-Disclosure, user Liability and Correction of Data:
Advertisers and users are obliged to keep confidential user name and password (such obligation being applicable for the original
user data as well as for any later alterations thereof) and to exclude any third party from using such user data.
Notwithstanding afore-mentioned obligation it is the advertisers‘ and users‘ responsibility to limit access to myLuxo and the products presented by
the advertisers to authorized persons only.
Advertisers and users are obliged to inform myLuxo without undue delay in the event of any reasonable suspicion that unauthorized persons
have gained knowledge about the user data or will gain such knowledge soon or have otherwise accessed the account of the advertiser or user.
Advertisers and users will be held liable for any use of their account by an unauthorized person unless the advertiser or user can prove the absence of fault on his part.
Advertisers and users are obliged to keep up-to-date the user data, including bot not limited to the contact details submitted to myLuxo.
Therefore, in the event of any change of the user data advertisers and users are obliged to adapt the user profile accordingly without undue delay.
Should the advertiser or user not be able to submit the altered data as described before, he shall be obliged to submit the altered data to myLuxo by email.
§ 4 - Service charges for transactions with Dealers
The remuneration and the reimbursement of expenses (incidental and usual expenses etc.) are subject to the respective order.
The same shall apply to all payment arrangements such as installments, rebates, discounts etc.
All prices are net prices and are payable in addition to the respective valid VAT.
The offer sets forth the remuneration payable by the advertiser for the standard services as set out in the service description.
Current costs are applicable as of the provision of the service.
Necessary contributions of the advertiser such as the connection of the advertiser to data networks are not part of the agreement and will therefore solely be borne by the advertiser.
Invoices and Maturity:
myLuxo shall submit invoices on a monthly basis.
All standard and special services provided in one month shall be invoiced on the 15th of the respective following month at the latest.
The advertiser is obliged to pay the invoice without deduction within 30 days upon receipt thereof.
The advertiser is obliged to state specific payment conditions, if any.
Otherwise, any payments received by myLuxo will first be set-off against existing secondary accounts (interest etc.) and against the respective oldest debt of the advertiser thereafter.
Should the advertiser be in default of payment myLuxo is entitled to claim for the payment of legal default interest; this does not affect any possible other claim for further damages.
The right of retention may only be asserted for claims that are based on this contractual relationship.
The advertiser shall, however, only by entitled to a right of retention or a set-off with claims that are accepted as legally binding or that are not undisputed by myLuxo.
§ 5 - Pflichten der myLuxo
myLuxo electronically transfers product-related information and messages between users and advertisers.
myLuxo shall transfer any data received by a user to the respective advertiser and vice versa any data received by an advertiser to the respective user without undue delay as set forth below.
myLuxo owes the effort to make accessible the transferred data – e.g. product-related information of the advertisers and user messages – within the agreed availability (section 4.5.).
Data shall be "accessible" within the meaning of this section if the data can be loaded into the RAM of a computer and if the data stored and processed in the data center is generally accessible.
However, myLuxo may not be held liable for the access to the data if an attempt to access such data is not only carried out by using the
network operated by myLuxo including the interfaces to third party networks.
Due to the structure of the internet itself and due to the fact that myLuxo is neither able to select the operators or mediators of data networks nor has
any possibility of exercising control on such entities, myLuxo cannot warrant the accessibility of any defined destination address.
myLuxo aims to achieve the highest-possible data transmission rate by implementing a connection with a state-of-the-art bandwidth to the next internet hub.
The system will be available within the limits of myLuxo's existing technical and operational possibilities.
Therefore, the system will especially not be accessible when undergoing regular maintenance works or in the event of any disruption of the data center's connection
to the internet the reasons for which are beyond myLuxo's control (force majeure events, third party misconduct etc.).
§ 6 - Obligations of Dealer or User
Advertisers or users are solely responsible to establish the necessary requirements for the use of myLuxo services within their area of responsibility.
Especially they are responsible to create and maintain the necessary technical requirements for the use of myLuxo services.
myLuxo does neither owe any consultancy.
Advertisers and users are obliged to comply with the applicable laws when using myLuxo services, including but not limited to any third party rights and the
applicable unfair competition legislations. myLuxo is not able to check and monitor the communication between advertisers and users and therefore neither bears any responsibility in this respect.
If and to the extent that a third party asserts claims against myLuxo relating to anticompetitive or otherwise unlawful offers by an advertiser,
the advertiser is obligated to ward off the claims at its own costs and to indemnify myLuxo from all costs and damages related to the defense against the claims insofar as these
costs and damages have not be caused by myLuxo's own breach of duty.
Advertisers and users are solely responsible to regularly check their email account and to acknowledge receipt of any messages relating to myLuxo services sent thereto.
myLuxo does not owe any monitoring of the respective activities of advertisers and users.
§ 7 - Rights to use the contents of this website
Most of the contents available under the URL of www.myLuxo.com and www.myLuxo.de are subjects to intellectual property rights of myLuxo, the advertisers or other third parties.
Such contents may especially be protected under the applicable copyright, competition, design or trademark legislations.
The composition of the content itself may also be subject to copyrights as a database or database work.
myLuxo does not bear any responsibility regarding the completeness, legitimacy, correctness and topicality of any third party content of the web-platform not originally created by myLuxo.
This also applies regarding the quality of the content or its suitability for a certain purpose of use and does also
apply for any third party content on external web-pages linked to www.myLuxo.com and www.myLuxo.de.
myLuxo especially shall not be held liable for the compliance of any product presented by an advertiser with the provision of the applicable competition legislation.
Third party contents within the meaning of this § 7 especially include but are not limited to those contents in connection with the products as presented by the advertisers.
myLuxo's liability shall be excluded if and insofar as advertisers or users use myLuxo services free of charge.
This shall not apply in the event that the use of such content and/or services of myLuxo caused damages due to myLuxo's willful or gross negligent misconduct.
If and to the extent advertisers and users use payable myLuxo services, especially book storage space for product information, myLuxo's liability shall be as follows:
myLuxo bears unlimited liability for any and all damages incurred by the advertiser or user due to myLuxo's willful or gross negligent misconduct;
such unlimited liability shall also apply for any damage caused by persons acting on myLuxo's behalf (authorized representatives, employees or vicarious agents).
myLuxo shall furthermore bear unlimited liability for any damage to the advertiser's or user's life, limb or health or incurred due to the breach of a guarantee.
The liability in accordance with the German product Liability Act (Produkthaftungsgesetz) shall also remain unaffected.
In any other case of negligent misconduct on the side of myLuxo, the liability shall be limited to the amount of damages typical of the
specific contract and foreseeable at the time of conclusion of the contract (typically predictable damages).
This shall also apply in the event of a negligent misconduct of myLuxo's authorized representatives, employees or vicarious agents.
The stipulations set out in this agreement regarding the availability (i.e. the availability of the website www.myLuxo.com and www.myLuxo.de and the data
at the advertiser's or user's registered seat of business or domicile) are governed by service contract law and therefore not subject to any warranty.
For the inner availability (i.e. the availability of the website www.myLuxo.com and www.myLuxo.de and the data at the data-centers point of presence), myLuxo's warranty shall be as follows:
myLuxo may rectify defects at its sole discretion either by making free subsequent repair or by free substitute delivery.
The advertiser's right to terminate due to the failure to grant use in accordance with the agreement (§ 543 sec 2 (1) German Civil Code) is only permitted
if myLuxo has had adequate opportunities but, however, failed to remedy the defect.
The remedy of a defect shall be deemed failed only if it is impossible, if myLuxo refuses or unacceptably delays the remedy,
if the prospects of success can be reasonably doubted or if adherence to the agreement is unacceptable for the advertiser due to any other reason.
The advertiser is not entitled to rectify any defect himself and claim for reimbursement of expenditures thereafter.
Any warranty claim shall become statute-barred within 12 months upon the end of the year in which the advertiser knew or would have known the defect without negligence.
§ 10 - Temporary Blocking
For reasons of data security myLuxo will temporarily block the user account of an advertiser or user if a wrong password has been entered three times in short succession.
Log-in will then be blocked until myLuxo has generated a new password and sent this to the respective advertiser or user by email.
However, myLuxo will only generate and send a new password upon receipt of a respective request by the advertiser or user.
myLuxo may block a user account and exclude an advertiser or user from using myLuxo services if there is a reasonable suspicion of illegal contents being stored or processed
by an advertiser or user. The same shall apply in the event of a respective official order.
Any blocking of access in accordance with section 10.2. above has to be released as soon as the suspicion has been invalidated or in the event of a respective judicial decision or official order.
§ 11 - Duration and Termination
The registration of an advertiser or user for the free myLuxo services is valid for an indefinite period of time.
Advertisers or users may insofar declare a cessation of their participation at any time by cancelling the user account, such declaration becoming effective immediately.
myLuxo may declare a cessation of participation of an advertiser or user if myLuxo cannot be reasonably expected to continue the agreement
due to the advertiser's or user's behavior towards myLuxo itself or towards other advertisers or users.
Considering the reasons for such declaration on the one hand, especially the unlawful conduct of the respective advertiser or user,
and the advertiser's or user's legitimate interest in the continued use of myLuxo on the other hand,
myLuxo will in such event decide at its reasonable discretion whether the cessation shall become effective immediately or at any later date.
The term of any payable myLuxo services is set out in the respective order.
Neither party shall be entitled to ordinary termination regarding those services.
This shall not affect myLuxo's right to declare extraordinary termination in the event that either the circumstances described in section 11.1. occur or the
advertiser is in default of payment with an amount at least equal to the agreed service fee for two months despite a respective warning notice.
Upon a declaration of termination or cessation of participation becoming effective the advertiser or user may no longer access its user account.
Therefore, myLuxo is entitled to block the respective user name and/or password.
myLuxo will irretrievably delete any and all data stored within the scope of the use of myLuxo services within 30 days upon a declaration of termination or
cessation of participation becoming effective, unless there is a legal retention period or any other provision prescribing anything to the contrary for
all or for defined advertiser's or user's data.
Subject of the End user License Agreement:
The subject of this End user License Agreement is to grant and limit the rights of use to the respectively current version of the software necessary for the use of myLuxo services.
This End user License Agreement shall apply to all versions of such standard software, including later releases, upgrades and updates.
advertisers and users will be granted rights of use to Free and Open Source Software or third party software in accordance with the applicable license agreements,
if and to the extent such software will be made accessible together with the myLuxo software.
In such event the advertiser or user will be informed about the license provisions of the other software manufacturer or the Free and Open Source License before concluding the agreement.
Rights of Use to the Software (Web Access):
Advertisers and users will only have web access to the software.
Advertisers and users are therefore granted the necessary rights of use to the software in accordance with § 69c Nr. 4 Germany Copyright Act (Urheberrechtsgesetz),
but only for the term of the agreement.
Unless otherwise stipulated in this End user License Agreement, advertisers and users do not have the right to change, to adapt, to translate, to port,
to reverse engineer, to disassemble, to decompile or to ascertain the source code of the software through other measures, unless these actions are expressly
permitted in accordance with mandatory provisions of law (§§ 69d, 69e German Copyright Act).
Advertisers and users are granted the rights of use to the databases and database works made accessible to them that are necessary for the fulfillment of the purpose of the agreement.
The place of jurisdiction for all legal disputes arising in the course of the execution of this agreement is Bonn, Germany,
if the advertiser or user is a merchant, legal entity under public law or special fund under public law and unless binding law constitutes the exclusive jurisdiction of another court.
Notwithstanding the afore-said myLuxo may also bring its claims to the court that is competent at the advertiser's or user's registered seat of business.
This agreement shall be solely governed by the laws of the Federal Republic of Germany, without regard to principles of conflict of laws (Private International Law).
If and to the extent that users are granted further rights than stated in this agreement by mandatory provisions of the laws applicable at their respective domicile,
these rights shall not be affected by the afore-standing choice of law clause.
Place of performance shall be myLuxo's registered seat of business.
If any provision of this agreement is or shall in future be held to be invalid, void or for any reason unenforceable, this shall not affect the validity
and enforceability of the remaining provisions.
The validity of any assignment of this agreement as a whole or of any claim thereunder is conditional upon the respective other party's prior declaration of consent.