Terms and Conditions
These Terms and Conditions describe the services that users will receive from TradingLux and how IT services will be provided for them.
These General Terms and Conditions are valid solely between TradingLux and the members who use the platform and the services provided through it.
3. Terms of Agreement:
4. Services Provided and Content
All right, title and interest in and to the content is the property of, or is used with permission by TradingLux and is protected by applicable law. All Content posted on, transmitted through, or otherwise made available through the service, are the sole responsibility of the person from whom such content originated. TradingLux operates databases which are available on the Internet. The registered members can, subject to a charge, enter goods for sale into it.
TradingLux provides to registered members IT services as creating Product Descriptions and technical framework to enhance visibility of their items.
This regulation does not apply in cases where a client has agreed that TradingLux will act as a broker and has own interest in selling particular goods. The Terms and Conditions of this service are included under the TradingLux Brokerage contract.
Only the following types of luxury items will be offered on the TradingLux marketplace:
- Luxury cars
- Luxury yachts
- Luxury property
- Luxury jewelry (watches, earrings…)
- Timepieces within the highest price bracket
- Exclusive Art pieces
TradingLux always prescreen the Product Description in terms of photos and content.
If the user does not agree with the modifications made by the team of TradingLux, he can either contact directly the TradingLux team by email or by phone in order to agree with the content published or he could simply delete the advertisement.
TradingLux aim is to provide a Product Description through technical IT framework and make it available on internet for a period agreed with the client according to the membership selected (membership fees are indicated on our website trading-lux.com).
The member grants to TradingLux free of charge the non-exclusive, not limited in time, place or content, transferable and sub-licensable right to utilize their contents submitted to TradingLux by any means, in particular to make them available to the public, to copy, distribute and to edit them as follows, in particular also:
– to copy these contents on digital and analogue picture and audio carriers and in any print media
– to edit these contents or to engage a third party to edit them, in particular to crop, share, to abbreviate and modify them, and to use such edited content according to this agreement
– to use these contents in connection with different contents (texts, images, links, brands, logos, etc.) and other advertising material, and to use such connected content according to this agreement
– to use the contents for presentations of any kind.
The Member also agrees that their Product Descriptions may be translated in order to integrate them on TradingLux website.
The Member assures that he is the author of the above-mentioned contents and that he is entitled to pass them to TradingLux within the scope mentioned above.
TradingLux may make the use of the Trading-lux.com service or the scope of individual functions subject to requirements, e.g. verification of registration data, period of the contractual relationship, type and scope of use, and the compliance with certain safety and security measures.
If you believe for whatever reason that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify TradingLux customer service. In such case, please provide our customer service with sufficient detail in order forTradingLux to be able to identify the material that you claim is infringing and a description of the infringement. Please also provide your contact information.
5. Requirements for advertisements
We require all our members to comply with TradingLux rules if they decide to upload items to our catalog.
New and pre-owned luxury cars, yachts, bags, watches, jets, art objects and real estate are allowed on TradingLux. Other items that are not included in the categories above mentioned can be removed at the moderator’s discretion. The “other” section of TradingLux catalog is for luxury items that we have not categorized yet.
It is generally not allowed to include links to external websites, other services and information sources in an ad, unless this is mandatorily specified by law. Non-activated URLS and their parts are also considered links.
All advertisements must be an accurate description of the item, legal, decent, truthful, honest, socially responsible (not encouraging illegal, unsafe or anti-social behaviour). Counterfeit, imitation or fake branded products are not allowed.
All items must be assigned to the corresponding category and listed only once.
If you are listing more than one item, each item must be listed separately and assigned to the appropriate category.
Description of the advertisement may be completed by the team of TradingLux if it claims that some basic information is missing.
In case of signal of abuse, TradingLux may decide to revoke to publish the advertisement.
Photos of the advertisement must comply with the following criteria:
– Photos of the item listed can be taken by the Member or by team of TradingLux upon request
– Photos with ads and watermarks are not allowed
– Photos must be clear and of high quality. Check out our photo tips for helpful advice
– The main photo should clearly represent the item listed
– Format: jpg, Jpeg, png, pdf
– Minimum recommended resolution: 1280x900 pixels
– Minimum recommended dimensions: 800 KB
Please note that in order to maintain a qualitative standard of our platform, photos may be modified by TradingLux if the quality is poor. Members are obliged to use only photographs which they may use unrestrictedly and which are not burdened with rights of third parties (in particular copyrights). The used photographs must not be misleading and must reflect the actual state of the offered good. Particular features (e.g. damages) should be pictured.
If a Member violates any of the TradingLux rules, a written warning will be issued and the concerned advertisement will be deleted or hidden. If the Member receives a message from the administrators of the service regarding an unsuitable listing, he will have 24 hours to take action. At the end of this period the listing may be deleted without notice.
If the Member chooses to ignore the warnings, does not communicate with the moderators, and/or makes no effort to correct their violations, their membership may be revoked (blocked) for an unlimited period of time.
6. Third party content
Our site and content available through the service may contain features and functionalities that may link you or provide you with access to third party content (e.g. other websites) which is completely independent of TradingLux.
Member’s interactions with physical or legal persons that he has met through the service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between him and such physical or legal persons.
TradingLux will advertise the trading-lux.com platform as well as the advertisements placed by Members directly or by a third party, e.g. by software applications, by placing the advertisements fully or partially on other websites by distributing them per email or through other marketing campaigns. TradingLux also enables third parties to advertise their offers and services via the trading-lux.com platform. To facilitate these activities, TradingLux may also provide third party access to data, information and contents published through the trading-lux.com platform.
The Memberagrees that TradingLux shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as the result of any such dealings. If there is a dispute between users on our site, or between users and any third party, the Member understands and agrees that TradingLux is under no obligation to be involved. In the event that he has a dispute with one or more other users, he hereby explicitly and irrevocably releases TradingLux from any and all claims and damages arising out of or in any way connected with such disputes and the service.
The registration and transmission of data by a member concludes an offer to execute a contract of use of the TradingLux service under these General Terms and Conditions. TradingLux decides upon receipt of this offer on their own discretion about its acceptance. TradingLux is not obliged in any way to accept an offer and to execute a contract. The acceptance of an offer is concluded by confirmation of order or by transmission of the access data (username and password) to the Member.
After the expiry of the contract there is no automatic fee-based extension.
Entitled to register are only legal entities, natural persons of unlimited legal capacity and full age, and business partnerships. The registering person must be authorized to enter into contracts on behalf of the member and he/she is bound to submit only true and complete data. The Member is obliged to inform TradingLux immediately about subsequent changes to the registration data, either in writing or by email.
During the registration period and the current contractual relationship, TradingLux is entitled to request the presentation of an extract from trade register or the register of crafts and trades or other information that appears to be necessary or advisable for registration or the maintenance of the contractual relationship.
Members have to keep their login data secret and to secure them diligently. Members are furthermore obliged to inform TradingLux promptly if there are any indications that their login data has been abused by a third party.
Members are generally liable for any activity performed by using their login data. This does not apply in cases where a member is not responsible due to the fact that they have not breached their duty to exercise due care.
9. Payment Terms
The Member agrees to pay to TradingLux a monthly fee in advance corresponding to the applicable price list (the price list is visible after successful registration or login) according to the number of advertisements. Fees shall be subject to change by TradingLux upon notice to client.
Billing will be made electronically either by sending an invoice by email or by sending the invoice to the client’s address.
Members shall be responsible for all taxes, withholdings, duties and levies arising from the services (excluding taxes based on the net income of TradingLux).
TradingLux shall have the right to suspend service if client has failed to pay any invoice within forty-Five (45) days of receipt.
Accepted payment methods:
- Visa, Mastercard
- Bank Transfer
The membership fees paid by the client in advance will not be refunded in case the good will not be sold.
On the contrary, if the good has been sold during the contract time period, there will not be additional fees to be paid to TradingLux.
There will be no refund if an advertisement is removed due to a reason for which the client is responsible for.
A Member is liable to compensate for all costs that occur from a return debit of a payment caused by them. The concerned Member is entitled to prove that these costs have not occurred at all or not to the claimed amount.
Changes in prices will be reported in advance, enabling all Members to eventually terminate the contractual relationship in time under observance of the notices period as provided in the contract. A price change becomes binding for both parties if the Member does not exercise this right and continues to use the services of TradingLux after the date on which the changed prices apply. The billing will be made based on updated prices.
Additional services of TradingLux, in particular when TradingLux act as a broker, will be charges separately. The scope of service, supplementary conditions and the amount of the individual fees are based on the respective valid list price of the TradingLux brokerage contract.
10. Limitation of Liabilities
TradingLux is not the seller of placed goods on the platform trading-lux.com. Therefore, it does not assume any liability whatsoever that the respective Member meets possible legal requirements for the sale, distribution and procurement of therein offered products and that they are authorized to engage in activities regarding the sale of such products, e.g. the procurement of capital assets.
TradingLux is not involved into the relationship between seller and potential buyer neither as an agent, broker, party or representative of a party unless expressly request by the customer (see TL Brokerage contract). Consequently, contracts initiated through ad advertisement placed on TradingLux will be made and performed without any involvement from TradingLux Contracts initiated through TradingLux will be made and performed without any involvement from TradingLux.
TradingLux in particular excludes any warranty or liability that may occur from the fact, that purchase contracts, which were initiated or concluded based on ads placed on the platform, are unenforceable according to the law of an affected country or in any other way lead to economic or legal disadvantages for one on the partners to the purchase contract.
All Members indemnify TradingLux from any claims by third parties against him regarding the infringements of their rights, in particular but not limited to copyrights and rights of use, in respect of an advertisement or any other use of the TradingLux service by a member. The concerned Member shall also bear the costs of the necessary legal defense that occur to TradingLux including all court fees and attorney fees. This does not apply if the Member is not responsible for the infringement.
Under no circumstances shall TradingLux be liable for any damages of any kind, resulting from any aspect of the Member use of the platform or the service, completely regardless of how the damages have arisen. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the TradingLux website or the service or any links on the TradingLux platform.
The Member agrees that use of TradingLux website and the service is entirely at his own risk. The TradingLux website and its services are provided on an “as is” basis, without any warranties of any kind.
TradingLux disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the website.
TradingLux disclaims any warranties for viruses or other harmful components in connection with the site or the service.
TradingLux does not in any way guarantee the confidentiality nor your privacy while engaging in contact with others through the Tradinglux.com’s website.
Members of TradingLux are obliged to process and use personal data of other Members, that they receive through the TradingLux platform (e.g. through the contact form) only for the purpose of processing and replying to the respective requests.
12. Confidential and Proprietary Information
Each party agrees that all know-how, business, technical and financial information it obtains (“Receiving Party”) from the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the receiving party to be confidential information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Except as may be necessary to perform its obligations under this agreement, the receiving party will hold in confidence and not use or disclose any confidential information. The Receiving Party ’s nondisclosure obligation shall not apply to information that: was known to it prior to receipt of the confidential information, is publicly available, is rightfully obtained by the receiving party from a third party, is independently developed by employees of the receiving party or is required to be disclosed pursuant to a regulation, law or court order.
TradingLux may (but is not obligated to) enforce any and all of its intellectual property rights and other legal rights to the fullest extent possible by law, and may seek damages, injunctive reliefs, attorney’s fees and criminal prosecution where appropriate.
TradingLux does not claim ownership of content that its users post
By posting contents to any public area of the platform, members automatically grant, to TradingLux an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute said contents and to prepare derivative works of, or incorporate into other works and to grant and authorize sublicenses of the foregoing.
Content displayed on or through TradingLux is protected by copyright, trademark right and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the content is prohibited without the express written consent of TradingLux.
13. Abusing TradingLux
In order to grant a qualitative environment within the activity of the platform, there are certain limitations regarding the contents that may be posted on TradingLux.
Members agree not to post, email, transmit, upload or make available contents that are unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy or is harmful to minors in any way.
The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
15. Force Majeure
TradingLux shall not be liable to the Member for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as strikes, blockade, war, terrorism, riots, natural disasters, and/or refusal of license by the government, insofar as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.
Force majeure shall mean any unexpected events and events, whose consequences on the contractual performance are not the responsibility of any of the contractual parties. These events include in particular legitimate industrial actions, also in third-party companies, authority measures, breakdown of communication networks and gateways of other providers, disturbances at of service providers, other technical disturbances, even if these circumstances occur at subcontractors, sub-suppliers or their subcontractors or at providers of sub-node computers authorized by the provider. No claims whatsoever shall arise to Members in the event of failures for which TradingLux can be held responsible.
16. Copyrights and Rights of use
All data, information, company logos, texts, programmes and images in ads placed through TradingLux service and other contents (e.g. reviews and answers to reviews) may be subject to copyright. Their alteration, subsequent processing and use in any media by third parties is prohibited. The rights of the respective copyright holder and the Member remain unaffected. Members can continue to dispose of their own data and information.
If the Member believes that his work has been copied in a way that constitutes copyright infringement, or his intellectual property rights have been otherwise violated, please notify TradingLux customer service. In such case, please provide our customer service with sufficient detail in order for TradingLux to be able to identify the material that you claim is infringing and a description of the infringement.
TradingLux grants to the Member a limited, revocable, nonexclusive license to access the service for his personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by TradingLux.
17. Dispute, Governing Law, Arbitration
In particular, TradingLux may delete advertisements or other contents if they textually or visually violate or infringe these Terms and Conditions, legal regulations or rights of third parties.
TradingLux will consider the legitimate interests of the concerned Member when selecting the measure, in particular in regard of their fault.
TradingLux is entitled to retract its performance in the event of a default of payment, a reclaim of a paid amount or a return debit and to block the concerned Member’s offered products in its marketplace, so that their advertisements are no longer accessible.
If the Member wishes to put on hold, or stop advertising with TradingLux he can do so by making a request before his next payment date. Notice should be given at least 30 days prior to expiration of his subscription (14 days in case of a monthly subscription). The cancellation period of the contract is fourteen days from the day of its conclusion.
In order to exercise his right of cancellation, he can either send us a letter to the following address: TradingLux, 7 Rue de Castillon 06240 Beausoleil, France or send us an email to email@example.com.
20. Notices and Reports
Any notice or report shall be made in writing to the notice address mentioned hereabove and shall be deemed given: upon receipt if by personal delivery, upon receipt if sent by certified or registered mail (return receipt requested) or one day after it is sent if next day delivery by a major commercial delivery service.
TradingLux may change these T&C without giving reasons. The Members will be notified of this consequence in particular at the point of their announcement.