Lux for lux

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1.1 ‘Site’ means, owned by Lux for Lux S.r.l., with registered office at Box 28, Marina Cala Galera, 58018, Porto Ercole (GR), Italy (hereinafter "LUX FOR LUX"). ‘User’ or ‘You’ means the User and/or visitor to the site. LUX FOR LUX reserves the right to amend the terms and conditions of this agreement (hereinafter ‘Contract’), at its discretion and without any prior notice, at any time. Once published on the Site, such amendments and integrations are immediately effective. Use of the Site after the publication of the amendments and integrations, brought appropriately to the User’s knowledge, indicates their acceptance.

1.2 LUX FOR LUX owns the site and manages it to offer the service described in Article 2 below. The site mainly supplies web spaces for the paid entry of adverts containing offers by trade-in or sale of luxury goods (hereinafter, the ‘Adverts’). Access to the site its use by Users is subject to these general conditions. Before using this Site, please read the whole Contract carefully which regulates the terms and general conditions of use of the Site, just like any other contractual document which is clearly indicated below through direct reference (the so-called ‘link’) to the interior of the Site, as a result understood to be an Appendix forming part of this Contract.

1.3 The User states that they are bound by and respect these terms and conditions through the use or access to any part or section of this Site. Anyone who does not want to accept these general conditions of use of the site and be bound by them must refrain from accessing or using the site

1.4 Simple access to the first page of the Site is supplied free of charge to all users and does not result in any registration fee or requirement, except for the costs of connection to the access point (POP) which the user will pay directly to the operator supplying the connection.

1.5 Access to the pages which enable the User to enter his adverts and/or the display of those on the Site requires registration on the terms and conditions set out below.

2.1 LUX FOR LUX will make a web space available to the User for the entry of their adverts through which the User, subject to compilation of the ‘registration form’, promotes the trade-in and/or sale of products (hereinafter, also just the ‘Goods’) against payment of the Sum indicated in Article 6 below. LUX FOR LUX therefore offers a simple service of publication and consultation of adverts in Internet with signature of this Contract.

2.2 The User undertakes to respect the rules of publication of the Adverts, whether set out in this Contract or established in the ‘registration form’ and/or more in general imposed by the operational rules of the Site.

2.3 The User acknowledges that LUX FOR LUX will not make any preventive check on the contents of the adverts put on the Site, nor carry out any intermediation on any transactions between the Users. It is, therefore, understood, that LUX FOR LUX will not have the right to any further compensation with respect to that set out in this Contract if the User concluded the commercial transaction promoted through the advert. On their part, the User cannot directly and/or indirectly assume obligations of any kind on behalf of and in the name of LUX FOR LUX and must always strictly be identified whenever required as an independent legal entity, highlighting in clear and unmistakeable terms with third parties their negotiating autonomy and independence from LUX FOR LUX. Consequently, both Parties specifically state that signature of this Contract does not procure the establishment of representative relationships, agency, franchising, joint venture or company, branch or anything different from that set out, specified and regulated by this Contract between them.

2.4 The User acknowledges that LUX FOR LUX may, during performance of the Contract, make checks on fields and Adverts, in addition to the purposes and the exercise of the rights set out in the articles below, also to assess - in its unquestionable judgement - the fitness of the Advert with respect to the standing of ‘luxury showcase’ for which the Site has been conceived. For this purpose, the User undertakes to declare correctly and in good faith, in accordance with the value of the Good(s) in their Advert at current market prices in the ‘registration form’.

2.5 With the exception of the provisions in Articles 8.4 and 9.1 below, LUX FOR LUX is authorised, if the Advert is unfit in the terms indicated in the previous paragraph, to make use of the rights set out in its favour by Articles 13 and 15 below.

2.6 The Users therefore assume the full and exclusive responsibility with LUX FOR LUX and third parties for the conduct in both the use of the Site and in the conduct they subsequently have for the purposes of continuing and possibly concluding the commercial dealings they have promoted through the Adverts.

2.7 The User makes use of the service made available by LUX FOR LUX aware that the latter does not guarantee anything with reference to the truth of the contents of the adverts and/or the legality and/or the legitimate transferability of the Goods or the successful outcome of the negotiations or the contents and the validity of any following commercial transactions set up between Users of the Site.

2.8 The Users, by using the Site, can correspond with other Users and advertisers. Therefore, Users may receive from the said bodies advertising material for whose origins and contents LUX FOR LUX will not assume responsibility or give any guarantee.

2.9 By publishing their advert on the Site, the User authorises LUX FOR LUX to work - without any undertaking in this sense by the latter - for the contents of the advert to be, where possible, made visible and accessible to users of the network, also through subsequent indexing (automatic or selective) in search engines, publication on other sites with which LUX FOR LUX has co-operation relationships (for example, other sites of classified adverts or vertical and general search engines), advertising on radio and television and/or specialist magazines in the sector, in order to promote the adverts of its Users more effectively.

3.1 The User recognises that the information, data, software, photographs, graphs, videos, styles, graphics, music, sounds, images, illustrations, drawings and icons (hereinafter the ‘Contents’) and any other material in this Site are the exclusive property of LUX FOR LUX and/or, with special but not exclusive reference to the Contents of the Adverts, third parties and are confidential information protected by the laws on the subject of intellectual and/or industrial property. The reproduction or saving of the Contents, in any form, via existing media and technologies or those developed in the future, is, therefore, prohibited.

3.2 LUX FOR LUX respect the rights of intellectual and/or industrial property which it does not own and requests its Users to do likewise.

‘Lux for Lux’ is a registered brand owned by LUX FOR LUX, only and exclusive owner of the rights of exploitation arising from the said brand.

5.1 The diffusion of the Advert on the Site will have a duration of:
  1. 30 (thirty) days for the so-called ‘showcases’, as described in the ‘special conditions of use‘, it being understood that the Advert will remain published in the Site for the whole of the residual duration at point (ii) below in the section on basic Adverts, once the above term has expired;
  2. 6 (six) or 12 (twelve) months, according to the payment made pursuant to Article 6 below, for basic Adverts, as better indicated in the ‘special conditions of use‘.

5.2 On the expiry of the Contract and in any other case on termination of the effects of this Contract, the Advert will no longer be visible on the Site by the other Users. The parties must agree in advance and in writing any extensions to the duration of the Contract.

5.3 The User who intends to include the same and/or a new Advert after the expiry of the Contract must make a new registration. Where, however, the User enters one or more new Adverts, against payment of the consideration due pursuant to Article 6 below, before the expiry of the Contract, he will not be required to make a new registration, it being understood that the said new Adverts will have the maximum duration of diffusion of the first Advert published.

5.4 The term of duration of the diffusion of the Advert will start with effect from the date on which all the information required has been correctly uploaded on the Site through the ‘registration form‘.

6.1 The considerations due by the User for the purposes of this Contract are those indicated in the ‘special conditions of use‘.

6.2 The User will never be able to suspend payment of the consideration due to LUX FOR LUX, nor can he apply compensations with his credits claimed with LUX FOR LUX, as Art. 1460 of the Civil Code does not similarly operate between the parties.

6.3 If there is a delay in the payment of the consideration, LUX FOR LUX will be legitimate in asking the User for the payment of interest on arrears as per Legislative Decree 231/2002, without any need to prior formal notice, in addition to ordering the suspension of the Advert pursuant to Article 13 below until full payment of the sum due, except for any other remedy set out by this Contract.

The User can only use the Site for the legitimate activities and cannot in any way interfere with the software and operation of the Site. The User cannot use the Site for any speculative, false or fraudulent activity, in breach of the anti-money laundering regulations or, however, prohibited by the applicable laws. The User states that they are an adult and, however, sufficiently of an age to assume the legal obligations and responsibilities resulting from the use of this Site. Users who carry out fraudulent acts will be persecuted according to the Law.

8.1 The User states that the contents of the Adverts will be checked by him before diffusion on the Site, so that respect for all laws in force is guaranteed to LUX FOR LUX. In this sense, the User undertakes to indemnify and hold harmless LUX FOR LUX and its assignees from any claim of a third party (including the owners of places where the Advert is diffused, the users and other Users of the Site and any one who uses the Advert is any way) however connected to the contents of the Advert through the Site. Similarly, any responsibility of LUX FOR LUX and its assignees in relation to the location of the source apparatus of the Advert, the size or combinations with other Adverts or commercials or images on the Site is excluded.

8.2 The User acknowledges that the contents of Adverts purchased cannot however be in contrast with any limitations imposed by the managers of the places where the Adverts are diffused.

8.3 The User acknowledges and states that all the information in the Advert for the purpose of promoting the trade-in or sale of the Goods through the Site, pursuant to and by effect of this Contract, is true, accurate, complete and current.

8.4 The User maintains ownership of the information supplied pursuant to this Contract, assuming all wider responsibility on its contents, with the specific exemption of LUX FOR LUX and its assignees from any responsibility and charges for checking and/or control on this point.

8.5 The User, in particular, states and guarantees that the information in the Advert or contained in any web site to which it is connected (hereinafter the ‘Information’) just like the Good/s which are the subject of the Information:
  1. does not breach laws, regulations or habits. It conforms, in particular, to the provisions in Legislative Decrees 145/2007 and 146/2007 on misleading and comparative advertising (and subsequent amendments) and those in the Italian Code of Advertising Ethics, subject to any subsequent amendment. If the Information has a typeface or is printed ex Art. 1 of Law 47/48, the provisions in force on printing will apply and the relative requirements will be to the exclusive charge of the User;
  2. does not in any way breach the applicable anti-money laundering legislation and does not constitute a speculative, false or fraudulent activity or however banned by the applicable laws;
  3. does not in any way breach copyright, patents, commercial brands, commercial and industrial secrets, intellectual property rights or any right of third parties arising from the law, contract and/or habit;
  4. does not affect any right of any physical or legal person, including, without any limitation, image rights, the right to reputation, the right to confidentiality, and does not in any way affect the rights of the consumer guaranteed by the legislation in force, including the assumptions of product liability;
  5. is not false or misleading;
  6. does not have shapes and/or contents contrary to public order, ethics and morality (such as, by way of example, that of a pornographic, obscene, blasphemous, paedophilic, violent, xenophobic, defamatory, calumnious or threatening nature).
8.6 The User is also aware of the fact that it is prohibited to use or cause others to use the web site to send correspondence against the ethics, morality or public order and/or for the purpose of breaching the secrecy of private messages and/or with the direct and/or indirect purpose of contravening the obligations assumed pursuant to the previous paragraph.

8.7 The User states and guarantees that he has sufficient authority to make a commitment with this Contract. If the User is an advertising agency, he states and guarantees that the agency has the authority to make a commitment and act legally in the name and on behalf of the party who makes a commitment pursuant to and by effect of this Contract.

8.8 The User, as full and exclusive holder of all the rights of exploitation of his Advert and the Information, authorises LUX FOR LUX to make use of the Advert and the Information it contains, for promotional purposes connected to the Advert published on the web site, and likewise authorises LUX FOR LUX to reproduce the commercial information issued by the User, directly or indirectly on the Site, except for the provisions of Art. 2.9. The User cannot, however, use, show or amend the commercial brands of LUX FOR LUX in any way. The User undertakes to indemnify and hold harmless LUX FOR LUX from all losses, damages, responsibility, costs, charges and expenses, including any legal costs, that may be sustained by LUX FOR LUX as a consequence of any non-compliance by the User with the requirements and the guarantees as per this article, also on the assumption of the compensation of damages claimed by third parties for any reason.

8.9 Without prejudice to any other declaration and guarantee in this Contract:
  1. The User states and guarantees that the Goods included in the Adverts are in his lawful and legitimate availability and specifically acknowledges that LUX FOR LUX does not know nor is able to know, either the quantity, or the features, type or value except for that stated by the User for the purposes of signing this Contract.
  2. The User states and guarantees that the Goods included in the Adverts are not and will not be inflammable, pollutant, contaminant, toxic, harmful, explosive, malodorous, noisy, degradable, of illicit origin and/or however dangerous for the third parties who will subsequently come into contact and/or however whose detention by the User is banned by law, regulations or order of a Public Authority.
  3. The User states and guarantees that the Advert cannot be and will not be used for the commission of any fact set out by and punishable by the law as a crime, even if only attempted.
  4. The User states that the Advert will not be nor can be considered and used as the secondary office of the business or profession carried out by him.
  5. The User states and guarantees the truth of the qualification he has supplied to LUX FOR LUX during registration on the private or business/professional purposes of use of the Site.

8.10. As a result of the above provisions, the User undertakes to a indemnify and hold harmless LUX FOR LUX and its assignees from all the losses, damages, responsibility, costs, charges and expenses, including any legal costs, that may be sustained by them as a consequence of any non-compliance with the obligations and guarantees pursuant to this Contract by the User, also on the assumption of the compensation of damages claimed by third parties for any reason.

9.1 The Site and Contents are supplied on the ‘current conditions’ basis, ‘as available’ without guarantees of any kind, expressed or implicit. While believing that the Site and its Contents are accurate, complete and updated, LUX FOR LUX does not give any declaration or guarantee on the accuracy, completeness and current nature of the information accessible from the Site. The User specifically recognises that use of this Site is made on his exclusive responsibility.

9.2 The type, costs and times of diffusion of the Advert are those specified in this Contract, in the ‘registration form‘ and ‘special conditions of use‘. The User acknowledges to LUX FOR LUX the fact that the absence of due inclusion of Adverts on the Site cannot however be attributed to that company where this depends on problems and/or technical causes of any kind and extent (for example, electrical problems, software, hardware, satellite connections, web, attacks by hackers etc.). In this case, the User hereby renounces objection to the failure of LUX FOR LUX in order to suspend and/or however not make timely payment of the consideration agreed, except for the right to demand that LUX FOR LUX arranged for the inclusion in the Site of the Adverts within 30 days with effect from the proven termination of the technical problem which prevented the standard and originally agreed inclusion of the Adverts.

9.3 LUX FOR LUX uses regular updates of the monitor data (the so-called refresh) for adverts published in the ‘showcase’ sections. Therefore, each advert may appear cyclically on the monitor and not automatically on first access to the Site.

Users from all over the world can access this Site and it may contain references to products, programmes and services uploaded by a User which are not available or prohibited in the country of other Users. These references do not imply that LUX FOR LUX intends to make these products, programmes and services available in the User’s country, or that such products can be legally used in the User’s country.

11.1 Under no circumstances can LUX FOR LUX and its directors, office staff or co-workers be liable for any direct or indirect lesion, loss, request or damage of any kind, even if arising from a contract, or tort or in any way connected with a use of the Site which does not conform to this Contract, even if LUX FOR LUX was informed of the possibility of such damage. If, despite the above, LUX FOR LUX was held liable for damage or loss relating to the use of this Site, the User accepts and acknowledges the liability of LUX FOR LUX cannot in any way exceed the cost sustained by the User for the use of the Site.

11.2 LUX FOR LUX does not make any guarantee of the identity, legal capacity, confidentiality, seriousness of purpose or other features of the Users, the quality, lawfulness and safety of the Goods, and truth and accuracy of the descriptions supplied.

12.1 In addition to the references within the Site, it contains or may contain connections to external services and resources; all that concerns such services or resources should be requested directly from the specific external service or resource. The User should therefore note that, by clicking on external connections to the Site, he will be required to respect the privacy policies and general conditions of use of these sites.

12.2 LUX FOR LUX does not guarantee and does not assume responsibility for the completeness or accuracy of the contents or the information contents in the websites of these external services and resources. LUX FOR LUX does not guarantee and has no responsibility about the contents, availability, operation and compliance of any web site that may be connected to this Site or from which access may be gained to this Site.

Where specifically set out by this Contract, LUX FOR LUX can terminate or suspend the User’s access to all or part of this Site at any time, without notice and its discretion and without the right of the User to recover the sums that may have been paid to LUX FOR LUX up to that date.

14.1 Any complaints by the User relating to the lack of or delayed diffusion of the Advert in the Site, i.e. the failure to respect the specifications set out for the type of Advert, must be reported in writing by registered letter with return receipt, with a copy in advance by fax, to LUX FOR LUX within 8 calendar days of the occurrence (or the failure to occur) of the event which is the subject of the complaint, on pain of forfeiture of every right to compensation of any damages or indemnity.

14.2 If LUX FOR LUX recognises the grounds for and timeliness of the complaint, it will propose compensation to the User that cannot under any circumstances exceed the consideration invoiced by LUX FOR LUX to the User. The latter hereby acknowledges such a predetermination of damages as congruous, undertaking to renounce the request for compensation exceeding that amount.

14.3 Users can, however, report any Adverts that do not respect the rules set out in this Contract by sending a report in the way indicated in the Site.

15.1. If the User does not comply with the obligation to pay the consideration for more than 7 (seven) working days from the deadline indicated, LUX FOR LUX will have the right to rescind this Contract legally pursuant to Art. 1456 of the Civil Code, immediately suspending the diffusion of the Advert in the Site. The right of LUX FOR LUX to act to obtain payment of the whole consideration agreed and any compensation of further damages remains.

15.2. Pursuant to Art. 1456 Civil Code, the parties agree specifically that the Contract will be legally rescinded if the User does not comply with just one of the obligations in Arts. 3.1, 4, 6, 7 and 8 in all the sub-paragraphs, and also if there is a breach of the ban on the transfer of the Contract as per Art. 17 below; in any case, without prejudice to the right of LUX FOR LUX to compensation for the damages suffered and to be suffered.

15.3. If the User breaches the obligations as per Article 8 above, LUX FOR LUX reserves the right to refuse, suspend and delete from the Site any Advert at any time and at its sole discretion, without prejudice to the right to rescind the Contract in conformity with the previous sub-paragraph and/or delete or suspend the Advert, without prior warning, except in any case the compensation for the damages suffered and to be suffered by LUX FOR LUX.

16.1. The User can amend, implement and remove his Adverts from his profile, interrupting accessibility to other Users, at any time and for the duration of this Contract, in the manner indicated in the Site and respecting the ‘special conditions of use‘, without prejudice to the obligation of the User to pay in full the Considerations agreed pursuant to this Contract.

16.2 The termination of the effects of this Contract, for any reason occurring, will not automatically lead to the cancellation of the User’s name from the newsletter for which he is registered through the Site. A specific and separate expression of the desire for cancellation from the newsletter will be required for the purpose, in the manner indicated therein.

LUX FOR LUX will have the right to transfer the contractual relationships with the User to third parties, without their prior authorisation. However, the User is prohibited from transferring this Contract to third parties just as in any obligation arising in it from these General Conditions without the previous written consent of LUX FOR LUX.

The User states that he has carefully read and approved the ‘information on Privacy’. The data supplied through registration is necessary for all compliance of this Contract and the consequent legal, civil and tax regulations.

19.1 This Contract is subject to the laws of the Republic of Italy.

19.2 Any dispute that may arise in relation to the interpretation, validity, performance and resolution of the contractual relationships regulated by this Contract will be the exclusive competence of the Court of Grosseto.

19.3 For all disputes with consumers, as defined by Italian law, without prejudice to the application of the binding legal regulations on the subject, where applicable in relation to the status of the User.

20.1 These Terms and Conditions and the Appendices specifically referred to in the Site are the whole Contract between LUX FOR LUX and yourself in relation to the use of this Site and replace any previous agreement or statement. The headings of the clauses used here are only for utility and cannot in any way influence the construction or interpretation of this Contract. If any clause or part of a clause of this Contract should be considered null because contrary to an applicable legal provision, all the other terms and clauses or parts of clauses will remain fully valid and effective.

20.2 All communications set out in the Contract must be sent by registered letter with return receipt, fax or e-mail, where not otherwise set out in the Contract, to the following addresses:
  1. with reference to LUX FOR LUX, Box 28, Marina Cala Galera, 58018, Porto Ercole (GR), Italy, Fax, e-mail;
  2. with reference to the User, to the address advised at the time of registration on the Site.

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