General Terms and Conditions of TGSS Luxurylove GmbH and Terms of Use for the Luxurylove Website
TGSS Luxurylove GmbH, Binzstrasse 39, CH-8045 Zürich ("Luxurylove"), operates a platform on the website www.luxurylove.ch (hereinafter "Luxurylove Website") for trading first-hand and second-hand fashion. Luxurylove may also offer other types of access to the Luxurylove Website via connections with other services, e.g. via so-called applications (apps), but is not obliged to do so.
These General Terms and Conditions (hereinafter "T&Cs") govern the use of the Luxurylove Website as well as all legal relationships between users and Luxurylove in connection with the marketing, sale and brokerage of designer second-hand fashion. Unless expressly stated otherwise, these T&Cs apply to all types of access to the Luxurylove Website. For sellers, the special terms and conditions of TGSS Luxurylove GmbH ("Seller T&Cs") also apply. For commercial sellers, the special agreement for commercial sellers also applies. Any user who uses the Luxurylove Website (even outside a purchase or sales process or a preparatory measure) hereby accepts these T&Cs. Any special promotions initiated or supported by Luxurylove may be subject to different special terms and conditions.
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction that is intended for personal or family needs and cannot be attributed to either their commercial or self-employed professional activity.
An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
A seller is a private or commercial seller (consumer or entrepreneur) who gives TGSS Luxurylove GmbH an order to broker, market and/or sell an item for sale.
A buyer is a private or commercial buyer (consumer or entrepreneur) who submits a purchase offer for an item for sale offered on the Luxurylove Website or via another sales channel.
Users are buyers or sellers of items for sale on the Luxurylove Website or any other visitor to the Luxurylove Website.
Items for sale are the designer outlet and second-hand articles offered by Luxurylove on behalf of sellers via the Luxurylove Website or another sales channel. In exceptional cases, items for sale can also be offered by Luxurylove in its own name and on its own account. Users are informed accordingly.
1. General information about the Luxurylove Website, contracting party
1.1
The Luxurylove Website can be visited without registration. Purchases and sales, on the other hand, can only be made by registered users. The Luxurylove Website allows buyers and sellers to conclude a legally valid contract for the items for sale displayed on the Luxurylove Website.
1.2
A user who has registered with Luxurylove can act as both a seller and a buyer of items for sale.
1.3
As buyers, users registered with Luxurylove can view descriptions and pictures of items for sale via the Luxurylove Website and submit an offer to purchase the items for sale shown. In exceptional cases - and also after special arrangement - the items for sale can be inspected in Luxurylove's business premises as well as at trade fairs or warehouse sales conducted by Luxurylove. The article data on the Luxurylove Website indicates whether the seller is a commercial or private seller according to self-disclosure.
1.4
In each individual sales process, Luxurylove acts between users as a representative with authority to conclude contracts for the respective seller, who with
conclusion of the purchase contract sells and assigns the immediately due claim against the buyer to Luxurylove without recourse (without recourse means that Luxurylove has no possibility of recourse against the seller in the event of the buyer's lack of solvency). Details are described in the Seller T&Cs.
1.5
All contracts concluded via Luxurylove between buyer and seller (represented by Luxurylove) only entitle and oblige the respective buyer and seller; this applies in particular to warranty claims. An exception is the assigned purchase price claim (see clause 1.5 above). The relationship between the respective seller and Luxurylove does not establish a contract for the benefit of or with protective effect for third parties (in particular buyers).
1.6
If Luxurylove sells an item for sale in its own name, this is specially noted on the Luxurylove Website. In this exceptional situation, Luxurylove does not act as an intermediary towards the buyer, but as a seller and becomes a direct contracting party to the corresponding purchase contract.
2. Setting up user accounts
2.1
Opening a user account is necessary for the sale and purchase of items for sale on the Luxurylove Website. There is no entitlement to the registration of a user account. The user account is not transferable to other persons. Only one user account may be set up per seller or buyer.
Opening the user account is free of charge. Sellers or buyers have different rights and obligations depending on use. In addition to these T&Cs, the Seller T&Cs apply to sellers. If provisions of the Seller T&Cs contradict the provisions of these T&Cs, the former take precedence.
2.2
Only legal entities, partnerships and natural persons with full legal capacity may register. Minors have no right to register on the Luxurylove Website. In addition, only those who have their residence or registered office in Switzerland may be sellers.
2.3
Only an authorized natural person, who must be named, may initiate registration for a legal entity (e.g. a GmbH) or another company or community with its own legal personality (e.g. a limited partnership or an association). Furthermore, when setting up the user account, only individuals may be entered as owners (i.e. no married couples, families or communities of joint ownership).
2.4
All data required by Luxurylove during registration must be complete. The information must be provided to the best of the user's knowledge and belief. Mandatory data are first name, last name, date of birth, a valid address (no P.O. box), a valid email address and telephone number, and, if applicable, the company name and an authorized representative. In addition, the user can provide further information if desired, e.g. upload a profile photo. The user is obliged to keep all registration data up to date, i.e. to update the data provided immediately in the event of a change.
2.5
During registration, a username and password are assigned, which the user can freely choose with the following restrictions: The username may not consist of an email or internet address, nor may it infringe the rights of third parties - such as name or trademark rights - nor may it violate public decency. The user undertakes to protect their access data from access by third parties. To do this, they must take appropriate measures to maintain confidentiality and prevent misuse of their user account by third parties. If the user suspects that third parties have gained access to their user account, they undertake to inform Luxurylove immediately, e.g. via the following email address: info@luxurylove.ch. Luxurylove will not disclose a user's password to third parties. Luxurylove will also never ask a user for their password by email or telephone.
2.6
Registration on the Luxurylove Website can also be done via Facebook Connect. Luxurylove can access certain data from Facebook, such as full first and last name, user ID, email address, gender, birthday, profile picture, friends list and other information that is publicly available in the user's Facebook profile. If a user registers via Facebook Connect, they consent to Luxurylove being able to access this data of the user on Facebook. Further information on this can be found in Luxurylove's privacy policy. The privacy policy is an integral part of these T&Cs.
2.7
The user is liable for all activities carried out using their user account. If they are not responsible for misuse of their user account, e.g. because they have conscientiously fulfilled their duty of care, they are not liable.
2.8
Luxurylove can delete data on user accounts whose registration details are incomplete or whose registration has not been completed at any time. Clauses 10 and 11 of these T&Cs remain unaffected.
2.9
Luxurylove also reserves the right - but is not obliged - to delete a user account due to inactivity (no access to the user account for more than six months). Luxurylove will inform the user before deletion and set a final deadline. A user with a deleted user account can re-register as a user in accordance with clause 2. Clause 11 of these T&Cs remains unaffected.
3. Purchase of an item for sale
3.1
If an item for sale is displayed and listed on the Luxurylove Website, this only represents an invitation to submit an offer by a potential buyer.
3.2
The buyer registered with Luxurylove can add an item for sale on the Luxurylove Website to the shopping cart by clicking on the "add to cart" button to purchase it. A shopping cart can contain items for sale from one or more sellers, including different commercial or private sellers. This intermediate step in the purchase process is not yet binding for either party. Before submitting their binding offer, the buyer has the opportunity to check all the data they have entered and the items for sale placed in the shopping cart, make corrections to the contents of the shopping cart and/or remove items for sale from it. A binding purchase offer only comes into being when the "complete order" button is clicked. The buyer immediately receives confirmation of receipt of their purchase offer. The issuance of this confirmation by Luxurylove does not yet constitute a declaration of acceptance of the purchase offer on behalf of the seller.
3.3
The purchase contract is concluded with the order confirmation from Luxurylove to the buyer. Luxurylove reserves the right to reject the buyer's offer without giving reasons. In this case, Luxurylove will inform the buyer accordingly. Between submission of the purchase offer and the declaration of acceptance, a period of up to 14 working days may elapse due to shipping times and the time required for Luxurylove to check the item for sale. Any payments already made by the buyer before shipping confirmation are made subject to reservation. If the purchase contract is not concluded, payments already made by the buyer will be refunded, but without any interest.
3.4
If Luxurylove exceptionally acts as a seller in its own name and on its own account, the purchase contract also only comes into being with the order confirmation by Luxurylove.
3.5
The current status of all purchases and offers is displayed to the buyer in their user account.
3.6
On the Luxurylove Website there is a "price suggestion" function that can be activated for some items for sale offered. This function gives the potential buyer the opportunity to suggest a new, lower purchase price without obligation.
The new price suggestion must be made in CHF.
If a price suggestion is accepted by the seller, this constitutes an offer at the new purchase price to the corresponding buyer. The buyer then has 7 days to order the item for sale in question at the reduced price; after that, the offer expires.
If the seller does not respond within 48 hours of submitting the price suggestion or rejects it, the potential buyer is entitled to submit new price suggestions.
The item for sale remains offered on the Luxurylove Website for other buyers at the original price throughout this time.
4. Buyer's right of withdrawal
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4.1 A buyer who is a consumer has a right of withdrawal if the seller is an entrepreneur (commercial seller) or Luxurylove in its own name. If, on the other hand, the seller is a consumer (private seller) according to the definitions in these T&Cs, the buyer has no right of withdrawal. The scope and modalities of the right of withdrawal are specified below in the withdrawal instructions. The buyer's right of withdrawal is not to be confused with the right of withdrawal regarding the submission of an offer to purchase an item for sale according to clause 3.3 of these T&Cs, of which the buyer is separately informed immediately before submitting the offer. |
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Withdrawal instructions |
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Right of withdrawal |
In the case of a sale by Luxurylove in its own name or by a commercial seller, you have the right to withdraw from this contract within fourteen days by stating reasons.
Binzstrasse 39 CH-8045 Zürich
The withdrawal period is seven days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us, TGSS Luxurylove GmbH
Email address: info@luxurylove.ch
of your decision to withdraw from this contract by means of a clear statement. To do this, you can contact us (e.g. with a letter sent by post or by email), for this you can use the attached model withdrawal form, which is however not mandatory.
The declaration of withdrawal must also be made to Luxurylove if the purchase contract was concluded with a commercial seller. We will forward your withdrawal to the commercial seller.
To comply with the withdrawal period, it is sufficient if you send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from a purchase contract, Luxurylove is obliged to reimburse you all payments that you have made, including delivery costs, immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by Luxurylove. An exception is the additional cost share that results from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us. The refund will be made using the same means of payment that you used for the original transaction. Different arrangements may be possible, but are not mandatory. You will not be charged any fees for this refund. The refund can be temporarily refused until the goods have been returned or until you have been able to provide proof that you have returned the goods.
To comply with the withdrawal period, you must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The following must be observed:
• If the purchase contract was concluded with Luxurylove, you must return the goods to Luxurylove within the aforementioned period.
• If the purchase contract was concluded with a commercial seller, you must return the goods to the seller and not to Luxurylove. For this purpose, you will receive a return slip from the seller in question when the goods are delivered, which you must use for the return.
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The aforementioned deadline for returning the goods is deemed to have been met if you send the goods before the expiry of the fourteen-day period. The direct costs of returning the goods are borne by you. Furthermore, the following applies: You do not have to pay for any loss in value of the goods if this results from handling them that was necessary to check the quality, properties and functionality of the goods. |
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Model withdrawal form |
TGSS Luxurylove GmbH
Binzstrasse 39
CH-8045 Zürich
Email address: kundenservice@luxurylove.ch
– I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
– Ordered on (*)/arrived on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper notifications) – Date
__________________________________________________ ________
(*) Please delete as applicable.
5. Payments and payment terms
5.1
All prices listed on the Luxurylove Website for an item for sale are final prices in CHF plus the respective shipping costs. The prices defined in the T&Cs valid at the time of conclusion of the contract under clause 6 apply.
5.2
The following payment options are currently available at Luxurylove:
- . Visa & MasterCard (incl. Maestro)
- . American Express
- . SOFORT payment
- . PayPal
- . PostFinance Card & E-Finance
- . Purchase on invoice with partial payment option / installment payment (POWERPAY)
Luxurylove reserves the right to introduce further payment options or to exclude payment options already introduced. Depending on the payment method selected, the buyer may incur additional costs that Luxurylove cannot influence (e.g. credit card fees).
For credit card payment, billing is carried out by:
Postfinance, Mingerstrasse 20, 3030 Bern
MF Group / POWERPAY offers the payment method "purchase on invoice" with partial payment option / installment payment as an external payment service provider. With the individual invoice, you can simply pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will subsequently receive a monthly invoice with an order overview in the following month.
When concluding the purchase contract, POWERPAY takes over the invoice claim and handles the corresponding payment modalities. When purchasing on invoice, you accept in addition to our T&Cs, the T&Cs of POWERPAY. (powerpay.ch/de/agb).
5.3
The buyer is obliged to pay the purchase price for the item for sale immediately (due = immediately after conclusion of the purchase contract). The conclusion of the purchase contract also lifts the reservation of -
payments made subject to reservation before conclusion of the purchase contract - by the buyer. A right of withdrawal to which the buyer is entitled according to clause 4 of these T&Cs remains unaffected.
5.4
The seller's claim against the buyer regarding the purchase price of the item for sale is assigned to Luxurylove upon completion of the sale (see clause 1.5 of these T&Cs). The buyer is both entitled and obliged to make payments exclusively to Luxurylove or to a person named by Luxurylove. The more detailed payment modalities of the purchase price (plus shipping costs, see clause 6.4 of these T&Cs) depend on the type of payment method selected by the buyer (see clause 5.2 of these T&Cs). The buyer is guided through the payment process on the Luxurylove Website as part of the purchase process.
6. Shipping of the item for sale, delivery times and costs
6.1
The goods are shipped either by Luxurylove - in the case of sales in its own name or sales by private sellers - or by the commercial seller. When shipping goods by Luxurylove, the following applies to sales by private sellers:
- At the time the buyer submits the purchase offer, some of the items for sale are still in the possession of the private seller. They are immediately informed by Luxurylove of the buyer's purchase offer and requested to send the item for sale to Luxurylove immediately - at the latest within five working days.
- As soon as the item for sale arrives at Luxurylove, it is still subjected to an inspection before the buyer's offer is possibly accepted by Luxurylove (whereby Luxurylove acts as the seller's representative). Therefore, the delivery time at Luxurylove can be up to 21 days.
- If an item for sale is not available 21 working days after receipt of the purchase offer or has not been delivered by the seller to Luxurylove, Luxurylove will reject the buyer's purchase offer by email or inform the buyer by email that the
item for sale has not yet been received. The buyer can then reply to Luxurylove by email whether they wish to remain bound to their purchase offer for a further 14 working days. If Luxurylove does not receive a response from the buyer within three working days to the question of whether the purchase offer should be maintained, no contract is concluded and the buyer is no longer bound by the purchase offer. In the event that the purchase contract is not concluded, Luxurylove will immediately refund to the buyer all payments that may have already been made for the item for sale.
For shipping by commercial sellers, the following applies:
- If the seller of an item is a commercial seller, ordered goods are sent directly from the seller themselves to the customer. These items are also marked as "ready to ship immediately" label in the image of the item for sale and are sent from the seller to the buyer on working days within 48 hours after conclusion of the purchase contract. The delivery time depends on the shipping method selected by the buyer.
- If a commercial seller does not ship the goods within 21 working days after receipt of the purchase offer by the buyer, Luxurylove may cancel the order at its discretion. The seller will stop or cancel the order in question upon notification by Luxurylove. In this case, Luxurylove will inform the buyer of the cancellation.
6.2
Items for sale that are already in stock at Luxurylove are specially marked on the Luxurylove Website with a "ready to ship immediately" label in the image of the item for sale. These items for sale are sent from Luxurylove to the buyer on working days within 48 hours after conclusion of the purchase contract.
6.3
Prospective buyers can find the delivery times in the respective item for sale description. They amount to a maximum of 21 working days (see clause 6.1). The buyer can view the current delivery status on the Luxurylove Website. Within Switzerland, the delivery time is a maximum of 7 working days. For deliveries to other countries, the delivery time is up to 21 days. An item for sale is generally only delivered to the delivery address that the buyer has stored in their user account. Deviations from this must be agreed separately with Luxurylove.
6.4
The shipping costs are borne by the buyer. They are shown separately on the website in the order overview.
6.5
Sellers or buyers must observe the export or import regulations relevant to them (e.g. for fur trims on items for sale or special types of leather, etc.). Luxurylove is not responsible for this and is exempt from any liability in this regard. Any official approvals necessary for import/export must be obtained by the seller or buyer in their own name and at their own expense. Sellers or buyers also bear any additional costs, fees or taxes that may be incurred when importing items for sale into the respective destination country. These costs neither reduce the purchase price nor do they result in a right of retention on the items for sale.
7. User comments
7.1
Registered users can post a text message (comment) on the page of an item for sale on the Luxurylove Website. This comment, which can be viewed publicly by all users, appears with the username stored in the user account and, if applicable, the user's profile picture. The user hereby consents to comments written by them possibly being translated into another language by a program (e.g. Google Translate) and published. The user is also aware that their comments, possibly with their profile picture, are publicly viewable and can possibly also be found via search engine research.
7.2
The purpose of the comment function is to ask questions about the item for sale or to comment on it. It is prohibited to use the comment function to violate personal, copyright, trademark or other rights of third parties, to insult, harass or threaten third parties, or to disseminate anti-constitutional, violence-glorifying, obscene, immoral, political or ideological statements.
7.3
It is also prohibited to use the comment function for the purpose of advertising other companies (even if this is done free of charge), to encourage users to visit another website or sales platform, or to denigrate or disparage Luxurylove and/or another company. The comment function must also not be misused for buyers and sellers to arrange to sell the item for sale in question outside the Luxurylove Website.
7.4
A review of comments prior to publication by Luxurylove is expressly excluded. However, Luxurylove reserves the right to delete or make comments unrecognizable in whole or in part at any time without prior warning and without giving reasons. Luxurylove also has the right to temporarily or permanently exclude users from the comment function.
7.5
If third parties raise any demands or claims against Luxurylove because of a comment, in particular with the justification that a comment is unlawful, the user from whose user account the comment was posted has the obligation to immediately provide Luxurylove with all data useful for defense and to indemnify Luxurylove on first request from all claims of the third party (e.g. claims for damages, lawyer and court costs). Further claims by Luxurylove against the user remain unaffected by this.
8. Complaints management
8.1
The buyer can - regardless of the legal situation (e.g. regarding possible warranty claims against the seller) - address complaints regarding an item for sale purchased by them to the following address: kundenservice@luxurylove.ch
8.2
After a complaint has been received by Luxurylove, the seller in question is informed of the complaint and their statement
on the facts is obtained. Luxurylove forwards their statement to the buyer. If no agreement is reached between buyer and seller in this way, Luxurylove can propose a reduced purchase price and ask the buyer and seller for their consent to this reduced purchase price. If an agreement is reached in this way, the buyer receives a refund of the difference to the original purchase price if they have already paid. Beyond this mediation activity, Luxurylove has no further responsibility for complaints from buyers.
9. Warranty and liability
9.1
The respective seller assumes the warranty for the items for sale sold. Luxurylove provides no warranty whatsoever, unless it is a sale in its own name and on its own account. Luxurylove also does not grant any guarantees.
9.2
In principle, there is no warranty claim if both buyer and seller are consumers. Exception: The seller has fraudulently concealed defects.
9.3
A commercial seller is subject to a warranty for defects for new goods for a period of two years from receipt of the goods, for used goods one year from receipt of the goods. Both, however, only if the buyer is a consumer.
If the buyer is an entrepreneur, however, the warranty period for new goods is one year from receipt of the goods. For used goods, the warranty is completely excluded. The warranty claim expires if the entrepreneur acting as buyer does not notify the seller (or Luxurylove as the seller's receiving agent) of obvious defects in the delivered items for sale within a period of two weeks from receipt of the item for sale. Timely notification or dispatch is sufficient. Manufacturer warranties remain unaffected by this. Deviating warranty rules of the seller are reserved. Such deviating rules would be transparently indicated in the item for sale description,
9.4
For the purpose of preventing counterfeits, Luxurylove limits itself to an external visual inspection by appropriately trained personnel when checking items for sale. The personnel carry out the inspection to the best of their knowledge and belief. In addition, Luxurylove reserves the right, if there are doubts about the authenticity of an article, to have it additionally checked by an external company. Luxurylove bears the costs for this. Articles offered by commercial sellers (not Luxurylove in its own name) are checked for authenticity and quality by them themselves. Luxurylove only accepts commercial sellers whose main business is trading in luxury and premium fashion and accessories. Luxurylove expressly excludes measures beyond this with the note that sophisticated counterfeits can only be distinguished from the respective branded article and therefore certified as counterfeits with considerable effort. Luxurylove expressly assumes no guarantee that the item for sale is actually original goods or branded articles. Thus, a user has no liability claims against Luxurylove from this voluntary inspection; this is not an activity within the framework of a contract with protective effect for third parties.
9.5
Luxurylove assumes no liability for third-party content or references to other media and websites on the Luxurylove Website.
9.6
The warranty claims of a buyer against Luxurylove in the case of a sale by Luxurylove as a seller in its own name are based on the statutory requirements.
9.7
Luxurylove's liability towards users is as described below:
- §§ for damage to life or physical integrity and for damage caused by an intentional or grossly negligent breach of duty by Luxurylove or its legal representatives or vicarious agents, unlimited according to statutory requirements;
- §§ in all other cases only in the event of culpable breach of essential contractual obligations, the fulfillment of which is necessary to achieve the purpose of the contract
and on which the user could therefore rely, but only for contract-typical, foreseeable damage.
The following applies to transport damage: Our service is an obligation to deliver and is fulfilled with the handover to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to you. We are not responsible for any fault of the transport company used.
9.8
Mandatory provisions of consumer protection of the respective state in which a consumer has their habitual residence naturally remain unaffected.
10. Deletion of a user account
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10.1 |
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A registered user can have their registration deleted at any time. The deletion request must be sent to the following address: TGSS Luxurylove GmbH, Binzstrasse 39 CH-8045 Zürich . Luxurylove will delete the corresponding user account immediately. Existing obligations of the user at the time of termination remain unaffected by the deletion, e.g. purchase contracts concluded or initiated before termination (e.g. the buyer's commitment to purchase offers already submitted). |
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10.2 Luxurylove has the right to unilaterally delete a user registration for good cause at any time. Good cause includes in particular: |
- §§ any attempt to distribute counterfeits or goods that infringe rights in any other way via the Luxurylove Website;
- §§ any attempt to sell goods from the property of others via the Luxurylove Website without the permission of the owners;
- §§ any attempt to sell goods with pornographic, racist, seditious, anti-constitutional prints via the Luxurylove Website, or to distribute goods bearing marks of unconstitutional and/or otherwise prohibited organizations;
- §§ any attempt to sell or have sold items for sale already listed on the Luxurylove Website outside the Luxurylove platform.
- §§ any misuse of the communication options of the Luxurylove Website that leads to insults, harassment, threats to third parties or to the dissemination of unlawful content;
- §§ payment default by the user in relation to financial obligations towards Luxurylove of more than 14 days;
- §§ violation of these T&Cs or the Seller T&Cs.
Luxurylove will request the user to cease the breach of duty or remedy the violations before deletion, insofar as this is possible and reasonable. If the user does not remedy the violation within a period of 10 days, Luxurylove can delete the user account. This does not apply to serious violations, in which case Luxurylove is entitled to delete the user account without prior warning and without setting a deadline.
If the user account has been deleted by Luxurylove, re-registration is only possible with the express consent of Luxurylove.
11. Final provisions
Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and subject to mandatory provisions of consumer protection of the respective state in which a consumer has their habitual residence.
The place of jurisdiction for all disputes arising from or in connection with these T&Cs and the contracts concluded via the Luxurylove Website is - insofar as legally permissible - Zurich, Switzerland. Mandatory places of jurisdiction under Swiss consumer protection law remain unaffected by this.
If individual provisions of these T&Cs are or become invalid or unenforceable, the validity of the remaining T&Cs is not affected. The invalid or unenforceable provision is replaced by a regulation that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies to any regulatory gaps.
Amendments and additions to these T&Cs require written form to be effective. This also applies to the amendment of this written form clause itself.
Luxurylove reserves the right to change these T&Cs at any time. Users are informed of changes to the T&Cs by email or through a clearly visible notice on the Luxurylove Website. The amended T&Cs are considered accepted by the user unless they object within four weeks of notification of the changes. Luxurylove will particularly point out the significance of this four-week period to users when making the notification.
The contract language is German. A translation of these T&Cs into other languages is made only as a courtesy. In the event of contradictions between the German and a translated version, the German version takes precedence.
11. Blocking and restriction of user accounts
11.1
Luxurylove has the right, in the case of its legitimate interest, e.g. in the event of suspected violation of these T&Cs, to block or restrict the user account and/or selected or all items for sale of the user without prior notice and thus exclude the user wholly or partially from further use of the Luxurylove Website. The blocking can be time-limited or unlimited.
11.2
Luxurylove also has the right at any time, for a limited time or permanently, for individual users or generally, to limit access to the Luxurylove Website in whole or in part or to discontinue the Luxurylove Website. Conceivable triggers are, for example, misuse of the Luxurylove Website by a user, the defense against malware (e.g. Trojans, viruses) as well as the protection of own interests.
11.3
The user must, at the request of Luxurylove, bear the costs of a blocking caused by them and any unblocking. The amount of these costs is measured taking into account the actual
effort. The user has the right to provide proof that Luxurylove de facto incurred no costs or lower costs.
12. Usage rights
For all content posted by the user (e.g. product photos/article images, article descriptions, profile pictures, comments, etc.), the user grants Luxurylove a simple, revocable at any time, free of charge, unlimited, worldwide, sublicensable right to use the content on the Luxurylove Website, but not limited to the Luxurylove Website. The right of use includes in particular the right to make publicly available on mobile and stationary devices, the right of reproduction, the right of distribution and the broadcasting right.
13. Availability of the website
13.1
Luxurylove strives to make the Luxurylove Website available to users and the public with an availability of - on average over the year - 95%. This figure does not include downtime that can be attributed to improvements, modifications and/or optimization of the Luxurylove Website (including software updates and server maintenance).
13.2
No user can claim that Luxurylove makes its website permanently available or does not make modifications to it.
14. Intellectual property
The use of the Luxurylove Website does not mean that you are granted license rights in relation to the intellectual property rights in the content of this website. Clause 12 above remains reserved with regard to the user's own content.
The Luxurylove Website and all content posted there (in particular software, files, designs, graphics and data) are and remain the property of Luxurylove. Luxurylove has been granted corresponding rights of use and is protected by the relevant laws regarding intellectual property rights including copyright and
trademark rights. Any unauthorized use of the Luxurylove Website (in particular reproduction, display, forwarding to others, communication, putting into circulation, distribution, modification, granting of licenses, sale or any other exploitation of the website or its contents, texts, text parts, static or animated graphics, audio data, software, goods or services as well as other data or information) is expressly prohibited without prior written permission from Luxurylove. Methods such as framing and inline-linking of the website and content are particularly prohibited.
15. Amendment of the T&Cs
Luxurylove can amend these T&Cs at any time. The changes will be announced either by email or on the Luxurylove Website 14 calendar days before they become effective. The changes are deemed accepted unless a user objects to them during the 14-day period. The consequences of failing to object are explained in the change announcement.
16. Data protection
Luxurylove observes the legal provisions for the collection, storage and processing of personal user data. Details are set out in the privacy policy. The privacy policy forms an integral part of these T&Cs.
17. Information on distance selling contracts and contracts in electronic commerce
17.1 Identity/Representative/capable address/own content of the operator
TGSS Luxurylove GmbH
represented by managing director Kathrin Huber Binzstrasse 39 CH-8045 Zürich
Email contact: info@luxurylove.ch
Registered in the commercial register of the canton of Zurich, company number CHE-202.372.577
For all links to other pages on the Internet, TGSS Luxurylove GmbH expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore, TGSS Luxurylove GmbH distances itself as a precaution from all content on third-party pages to which www.luxurylove.com is linked. TGSS Luxurylove GmbH does not adopt this content as its own and assumes no liability or guarantee for this third-party content.
18. Severability clause and other
18.1
If a provision of these T&Cs is wholly or partially invalid, the remaining provisions remain unaffected.
18.2
Luxurylove has the right to transfer all rights and obligations from the contract with the user wholly or partially to third parties. The user will be informed of this in good time. They have the right to object to this transfer within 14 working days of receipt of the notification for legitimate reasons.
19. Law, contract language, place of jurisdiction
19.1
Even if Luxurylove offers the content of the website in English at a later date, the contract language is German. For all questions, doubts or disagreements regarding the legal assessment or interpretation of these T&Cs, the German language version is authoritative.
19.2
These T&Cs and the purchase contracts concluded on the Luxurylove Website are exclusively governed by Swiss law. Towards consumers, this choice of law applies only insofar as the consumer is not deprived of the protection granted to them by the mandatory consumer protection provisions of the state in which they have their habitual
residence. The application of the UN Sales Convention is excluded.
19.3
The place of jurisdiction for all disputes arising from and in connection with these T&Cs and the purchase contracts concluded on the Luxurylove Website is the registered office of Luxurylove in Zurich. Luxurylove reserves the right to also sue the user at their general place of jurisdiction. Deviating mandatory places of jurisdiction remain reserved.
Status of T&Cs: 10.05.2024
In case of discrepancies between the German and English versions, the German version shall prevail.