Terms and Conditions of Ltwid.com
These Terms govern
- the use of ltwid.com and
- any other Agreement or legal relationship with the Owner
The User is requested to read this document carefully.
Ltwid.com is a service of:
VINTAGE DOMUS LTD.
Owner’s email address: firstname.lastname@example.org
Need to know:
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
The right of withdrawal applies only with respect to European Consumers
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using ltwid.com the User declares that he/she meets the following requirements:
There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.
You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.
It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on ltwid.com.
By creating an account, the User agrees to be fully responsible for any activity performed with his/her access credentials.
Users are required to notify the Owner immediately and uniquely via the contact information provided in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, unlawfully disseminated or stolen.
You are free to close your account and cease using the Service at any time by following this procedure:
Contacting the Owner at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.
Suspension or deletion of an account does not give the User any right to compensation, refund, or indemnification.
Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices, if any.
Content on ltwid.com
Except where otherwise noted or clearly recognizable, all content available on ltwid.com is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on ltwid.com does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address relevant complaints to the contact details specified in this document.
Rights to the content of ltwid.com
The Owner expressly owns and reserves all intellectual property rights to the above content.
Users are not authorized to use the content in any way that is not necessary for or implied by the proper use of the Service.
In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on ltwid.com, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly stated on ltwid.com, the User is authorized to download, copy and/or share certain content available on ltwid.com solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner is observed.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through ltwid.com Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on ltwid.com as part of the Service are fee-based.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of ltwid.com.
Prices, descriptions and availability of Products are specified in the respective sections of ltwid.com and are subject to change without notice.
Although the Products on ltwid.com are presented as accurately as technically possible, the representation on ltwid.com by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Each step, from the selection of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
Users are asked to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice
Users can place the order by submitting it.
Submitting the order involves the following:
The submission of the order by the User determines the conclusion of the contract and gives rise to the User’s obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.
Once the order is submitted, Users will be sent a confirmation of receipt of the order.
All notifications regarding the purchase process described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
The prices on ltwid.com:
depending on the section the User is browsing include all applicable commissions, taxes and costs or are quoted net of applicable commissions, taxes and costs.
Promotions and discounts
The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of ltwid.com.
Promotions and offers are always granted at the sole discretion of the Holder.
Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.
As applicable, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, time limitations on promotions and discounts shall be understood to refer to the time zone of the Holder’s location as indicated in the contact information in this document.
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the terms and conditions applicable to the Vouchers, the Holder may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate forums, including the courts, in order to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, irrespective of the provisions that follow.
Unless otherwise specified, the following rules apply to the use of the Vouchers:
Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase – partial use is not permitted;
Unless otherwise specified, single-use Vouchers may be redeemed only once per purchase and may therefore be redeemed only once even in the case of installment purchases;
Vouchers are not cumulative;
The Voucher must be used within the specified validity period. Once the term has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including to a refund of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.
Means of Payment
Details regarding accepted means of payment are highlighted during the purchase process.
Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of ltwid.com.
All payments are handled independently by third-party services. Therefore, ltwid.com does not collect payment-related data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Reservation of Ownership
Until the Holder receives payment of the full purchase price, the User does not acquire title to the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
Upon delivery, Users should check the contents of the package and promptly report any anomalies to the contact information provided herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may be to the countries or territories specified in the relevant section of ltwid.com.
Delivery times are indicated on ltwid.com or during the purchase process.
The Holder shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the courier has been engaged by the User. In the event that the goods are not delivered or picked up at the time or within the time specified, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree to further arrangements. Unless otherwise specified, each delivery attempt from the second will be at the User’s expense.
Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
In order to exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User may use the model withdrawal form found in the definitions section of this document. However, the User is free to express his or her intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal statement before the withdrawal period expires.
When does the withdrawal period expire?
In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the goods.
In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and different from the courier – takes possession of the last of the goods, lots or pieces.
Effect of withdrawal
The Holder shall refund all payments received including, if made, those relating to delivery charges to Users who have properly exercised their right of withdrawal.
However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Holder shall remain the responsibility of the User.
The refund shall be made without undue delay and in any event within 14 days from the day on which the Holder was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.
… on contracts for the purchase of tangible goods.
Unless the Holder has offered to collect the goods, the User is obliged to return them to the Holder or another person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the carrier or other authorized person occurs before the expiration of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of return of the goods.
The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than what is necessary to establish their nature, characteristics and function.
The cost of return shipping shall be borne by the User.
Legal warranty of conformity of the Product
According to European legislation, the seller guarantees the conformity of the sold goods for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on ltwid.com in accordance with the laws of the country in which they ordinarily reside.
The national laws of that country may grant such Users broader rights.
Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.
Legal warranty for second-hand or used goods
Users acknowledge and agree that the legal warranty for second-hand or used goods is limited to 1 year from receipt of the goods.
Limitation of liability and indemnity
Limitation of Liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at Holder’s option, to a re-supply of the Services or payment of the cost of re-supplying them.
Disclaimer of Warranty.
The Owner provides ltwid.com “as is” and as available. Use of the Service is at the User’s own risk. To the fullest extent permitted by law, the Owner expressly disclaims conditions, covenants and warranties of any kind – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service will be free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk, and the User is solely responsible for any damage to the User’s computer system or mobile device or loss of data resulting from such operation or the User’s use of the Service.
The Owner does not warrant, endorse, assure, or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. In addition, the Owner does not take part in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, resulting from the content, operation, or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent provided by law.
Limitation of Liability.
To the fullest extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers, and employees be liable for
any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering, or other unauthorized access to or use of the Service or User account or the information contained therein;
any errors, omissions or inaccuracies in the content;
personal injury or property damage, of any nature, resulting from Your access to or use of the Service;
any unauthorized access to the Owner’s security servers and/or any personal information stored therein; and
any interruption or cessation of transmissions to or from the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers, and employees be liable for any claim, proceeding, liability, obligation, damage, loss, or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even if the Owner was advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law.
The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens or debts and expenses, including, without limitation, legal fees and expenses arising out of
Your use of or access to the Service, including any data or content transmitted or received by You;
User’s breach of these Terms, including, without limitation, any breach by User of any representation or warranty set forth in these Terms;
Your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
your violation of any applicable law, rule or regulation; or
any content posted by User’s account, including, but not limited to, misleading, false or inaccurate information, and including when accessed by third parties with User’s personal username and password or other security measures, if any
the willful misconduct of the User; or
the violation of any legal provision by the User or its affiliates, officers, agents, brand coowners, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
The Holder’s failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.
Termination of Service.
In order to ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information in accordance with legal requirements.
In addition, the Service may be unavailable due to causes beyond the reasonable control of the Data Controller, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages etc.).
Resale of the Service
Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit ltwid.com or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.
Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to ltwid.com are held exclusively by the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
All trademarks – whether denominative or figurative – and any other distinctive signs, firms, service marks, illustrations, images or logos appearing in connection with ltwid.com are and shall remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In such event, the Owner will give appropriate notice of the changes to Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service implies User’s acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service. Failure to accept the updated Terms may result in either party’s right to terminate the Agreement.
The previous applicable version continues to govern the relationship until User’s acceptance. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications pertaining to the use of ltwid.com should be sent to the contact information listed in this document.
Should any of the provisions of these Terms be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to be or become ineffective, and the remaining provisions shall therefore remain valid and effective.
Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.
If any provision of these Terms should be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective substitute provision for the void, invalid or ineffective provision.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity, or ineffectiveness of any specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on either party.
The Terms are governed by the law of the place where the Holder is established, as set forth in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if You act as a European Consumer and are ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as set forth in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Amicable settlement of disputes
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Although this is without prejudice to the Users’ right to bring an action in court, in the event of a dispute concerning the use of ltwid.com or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
Users may direct a complaint to the Holder’s e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.
The Holder will process the request without undue delay and within 2 days of receipt.
Consumer Dispute Resolution Platform.
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The plat form can be found here.
Definitions and legal references
Ltwid.com (or this Application).
The facility that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not meet the definition of a Consumer.
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe).
Defines a User physically present or headquartered in the European Union, regardless of nationality.
Standard withdrawal form
VINTAGE DOMUS LTD.
I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from whose purchase you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Name of the Consumer:_____________________________________________
Address of the Consusmer_____________________________________________
(sign only if this form is served in paper version)
Owner (or Us).
Means the natural or legal person who provides ltwid.com and/or offers the Service to Users.
A good or service that can be purchased through ltwid.com, such as a tangible good, digital files, software, reservation services etc.
The sale of a Product may be part of the Service, as defined above.
The service offered through ltwid.com as described in the Terms and on ltwid.com.
All terms and conditions applicable to the use of ltwid.com and/or the provision of the Service as described in this document as well as in any other document or agreement related thereto, in its most current version respectively.
User (or You)
Means any natural person who uses ltwid.com.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her business, trade, craft or profession.