Letzshop Platform Users’ General Terms and Conditions

(hereinafter "Users' GTC")

The Letzshop e-commerce platform is a service offered by Luxembourg for Shopping GIE, a Luxembourg economic interest grouping whose registered office is located at 19-21 boulevard Royal in L-2449 Luxembourg (Grand Duchy of Luxembourg), registered with the Luxembourg Trade and Companies Register under number C143 (hereinafter "Letzshop").
Letzshop provides, on www.letzshop.lu (hereinafter the "Site" or the "Letzshop Platform"), an online sales platform allowing Buyers to enter into a relationship with Sellers, registered on the Site, in order to make purchases of products and services (hereinafter the "Service(s)").
If you have any questions about the protection of personal data and the use of cookies on the Site, Letzshop invites you to consult the Privacy and Cookie Management Policy available on the Site.

Purpose and scope

1.1. The purpose of these Users’ GTC is to define the conditions under which Letzshop makes available to Buyers and Sellers, as part of the Service, technological tools used for Purchases from Sellers.

1.2. These Users’ GTC shall prevail over any terms and conditions of sale or other agreements of Sellers that contradict or deviate from these Users’ GTC, unless their validity has been expressly accepted by Letzshop in writing. These Users’ GTC shall therefore also apply if Letzshop performs the Service against conflicting or deviating User terms.

1.3 In addition to the Users’ GTC, special terms and conditions also apply to Sellers on the Letzshop Platform (the "Sellers’ GTC") which are accessible to Sellers on the Site.

1.4. In order to use the Service, the Buyer must agree to be bound by these Users’ GTC without restriction or reservation. This acceptance is materialised by a validation click when registering on the Site.

1.5. Sellers and Letzshop may enter into agreements that deviate from these Users’ GTC and Sellers’ GTC. To be valid, these agreements must be in writing and accepted by Letzshop.

1.6. Letzshop reserves the right to modify these Users’ GTC. Any subsequent modification will take effect immediately for online products or services upon notification to the Buyer and publication on the Site. They will not apply to transactions in progress at the time of their entry into force.

2. Other Definitions

2.1. The term "Purchases" means goods already manufactured or not yet produced, but ordered by the Buyer, as well as services, including catering services, but excluding delivery services, which may be purchased by the Buyer under the conditions described in these Users’ GTC.

2.2. The term "Buyer(s)" refers to adult users of the Letzshop Platform who purchase products or services from Sellers on the Platform.

2.3. The term "Terms and Conditions" means the Users’ GTC, the Sellers’ GTC and the Letzshop Platform Privacy and Cookie Policy, taken together.

2.4. The term "Merchandise Management Area" means a tool on the Letzshop Platform that provides an overview of products or services and their Sellers as a result of a keyword search entered by a User. The list of products or services and their Sellers that appear in the Merchandise Management Area is determined by the similarity between the terms entered in the search and those in the Sellers' merchandise management system. The products or services that appear in the Merchandise Management Area cannot be sold directly, but only serve to connect the Seller with the Buyer.

2.5. The term "Business Portfolio" shall be understood to mean the advertising presentation of a Provider's services that cannot be purchased or booked directly online on Letzshop.

2.6. The term "Commercial Presentation" shall be understood to mean the presentation of the Seller on Letzshop.

2.7. The term "Product Presentation" shall be understood to mean the submission of products or services by Sellers that can be directly purchased or reserved by Buyers on Letzshop.

2.8. The term "Price" means the total price of the product or service as indicated on the Site, including the net price excluding VAT, value added tax ("VAT") and, where applicable, delivery charges. The price elements are indicated in accordance with the legal provisions.

2.9. The term "Delivery Service" means the delivery service.

2.10. The term "User(s)" refers to Sellers, Buyers and simple visitors to the Site.

2.11. The term "Seller(s)" refers to local businesses that offer products or services through Letzshop. Only businesses with an establishment in the Grand Duchy of Luxembourg are considered to be local businesses eligible for Services.

2.12. Letzshop offers to Sellers and Buyers the following methods of sale and delivery of products:

2.12.1. Click & Collect" is understood to mean the purchase of a product without delivery and to be taken by the Buyer from the Seller's shop.

2.12.2. Online Order" means the purchase of a delivered product.

3. Access to Services

3.1. To access the Services of the Letzshop Platform, the Buyer must be a natural person of legal age or a legal entity. Signing a user contract is optional. To this end, the Buyer must register on the Site and create a User account under the following conditions:

3.1.1. To register, the Buyer must open a User account, provide contact details, an e-mail address and a password, and must accept the Terms and Conditions.

3.1.2. After submitting the online form, the Buyer will receive an e-mail at the address provided, with which he/she can access the Letzshop Platform.

3.1.3. At the time of his/her first order, the Buyer registered in accordance with the process described above will have to read and accept the Terms and Conditions again by "opt-in", in particular with regard to the Confidentiality and Cookie Management Policies that govern the protection of personal data, by ticking the relevant box. If consent is not expressed in this way, the Services cannot be offered, making it impossible to validate an order.

3.2. To access the Letzshop Platform Services, the Seller must be a local merchant or craftsman as defined in article 2.11 and conclude a membership contract under the following conditions:

3.2.1. The Seller's legal representative must complete and sign the "Membership Agreement" provided by Letzshop, and agree to the Terms and Conditions by signing and returning it to Letzshop by fax, e-mail or mail.

3.2.2. Letzshop immediately gives the Seller access to the Letzshop Platform Services after receipt of the Membership Agreement.

3.2.3. Access to the Services starts at the beginning of the month following the receipt of the Membership Agreement by Letzshop or, if the Site is not yet operational, with the effective opening of the Letzshop Platform.

3.3 Each User agrees to provide accurate, current and complete information when registering on the Letzshop Platform.

3.4. Each User undertakes to keep his or her data accurate and up to date on an ongoing basis.

3.5. Each User undertakes to keep secret the password that he/she has chosen, received and modified.

3.6. Each User agrees to immediately notify Letzshop of any suspected unauthorized use or misuse of his or her User account and to immediately change the password.

3.7. Registration on the Letzshop Platform is free for Buyers.

4. Description of General Services for Users of the Letzshop Platform

4.1. Letzshop offers to Users registered on the Site, an e-commerce platform that can be used in the following ways:

4.1.1. Buyers may search for products or services offered by Sellers on the Letzshop Platform and make Purchases hereunder directly with the Seller.

4.1.2. Buyers may obtain further information on the products or services available from Sellers through the Merchandise Management Area defined in clause 2.4 hereof.

4.1.3. Sellers may present their business and offer their products or services in the manner described herein and inform Buyers of their availability through the Merchandise Management Area defined in clause 2.4 herein.

4.1.4. Sellers must allow Purchases to be made in accordance with Article 2.1 hereof.

4.1.5. Sellers may offer their products or services on a local or national basis.

4.2 It is expressly agreed that Letzshop does not sell any products or services directly and will not become a party to any contracts between Buyers and Sellers. Letzshop makes no representations as to the intent of the contractual negotiations between Buyer and Seller.

4.3. Letzshop offers each User the ability to use the Site as a Buyer.

4.4. Letzshop offers Sellers the technical ability to publish content in the form of words, images and animated images (Commercial Presentations, Product Presentations, Business Portfolio) on the Site.

4.5. Each User may place an order for a product or service.

4.6. Letzshop transmits orders made by Buyers to Sellers on the Site.

4.7. For the order to be accepted by the Seller, the Seller must then confirm the availability of the product or service under the following conditions:

4.7.1. If the "Click & Collect" procedure is used, the Seller accepts the order by sending a message that the Purchases are ready for collection. The Click & Collect procedure is mandatory for the sale of perishable products, unless otherwise specified by the Seller.

4.7.2. In the case of an "Online Order", the Seller accepts the order by sending a message indicating that the order has been accepted and that the Purchases will be dispatched by the Delivery Service.

4.8. If the content of the order is changed before acceptance by the Seller, or if the Seller does not confirm the availability of the product or service within forty-eight (48) hours, the initial order may be cancelled.

4.9. Letzshop will then transmit to the Buyer this confirmation of the Seller of the order.

4.10. Upon acceptance of the order pursuant to Article 4.7 hereof, Letzshop shall send to Seller and Buyer an order confirmation in the form of an e-mail summarizing the information provided by the parties at the time of the conclusion of the sales contract such as the type and number of Purchases, their descriptions, the Price to be paid by Buyer, the amount of the value added tax, the shipping costs and the payment method. This e-mail also contains the cancellation terms and conditions defined by the Seller as well as a cancellation form.

4.11. The summary e-mail also contains an order number.

4.11.1. The order number is used by the person collecting the purchased product to identify the package for collection and to authorise it for collection.

4.11.2. The order number serves the Buyer of a service or work as proof of authorisation to receive or use the service.

4.12. The sale will only be considered as final after this order confirmation has been made available to the Buyer and after the Seller has received the full price.

4.13. The Services of Letzshop are offered to the Buyers, subject to availability. Letzshop strives to ensure that the Services are always available. Nevertheless, access to the Services may be temporarily limited or unavailable in case of maintenance operations of the Site, developments of the Site or simple malfunctions. Letzshop will inform Users of such circumstances, to the extent possible.

5. Description of the Special Services offered to the Seller

5.1. Letzshop provides Sellers with an electronic commerce platform, in the form of a "marketplace", allowing a Commercial Presentation, a Business Portfolio presentation and a Product Presentation to Buyers, as these terms are defined in Article 2.

5.2. Letzshop reserves the right to allow access to the Site only to local Sellers as defined in Article 2.12.

5.3. Letzshop offers Sellers the opportunity to make a Commercial Presentation on the Web Site, as defined in Section 2.6, allowing them to present their business beyond the information legally required.

5.4. Letzshop reserves the right to refuse to publish or to remove from the Site any Seller's Commercial Presentation that Letzshop in its sole discretion deems inappropriate.

5.5. Letzshop offers Sellers the opportunity to display their products or services on the Site and to offer them for sale.

5.6. Letzshop also offers Sellers the ability to link their merchandise management system to the Letzshop Platform, allowing them to more easily display their offerings on the Site and to display the inventory of products and services available to Buyers through the Merchandise Management Area.

5.7. Letzshop provides Sellers with internal communication tools on the Site.

5.8. Letzshop will ensure that Sellers are able to include specific information on the Web Site (such as legal information about the Seller and/or the products or services offered, offer an option to cancel the order or sale, include an online dispute resolution process); however, each Seller is responsible for ensuring that the information it chooses to post is legal and does not contradict the Terms and Conditions.

5.9. Letzshop reserves the right to choose the order options that the Seller offers to the Buyer in terms of products and services as defined in Article 2.12.

5.10. In addition to these Users’ GTC, the Sellers’ GTC governing the management of the Seller shop also apply to Sellers. The Sellers' GTC can be consulted on the Site.

6. Description of the Special Services offered to the Buyer

6.1. Letzshop provides Buyers with an e-commerce platform, in the form of a "marketplace", allowing the search for "local" Sellers or products or services offered for sale by these local Sellers. The search function can be used without registration on the Site. The search function allows the search of products or services on the Letzshop Platform. The Buyer can limit the search to a specific region, so that only Sellers from that region will be displayed with the products and services they offer.

6.2. Letzshop offers Buyers the ability to view the inventory of products or services offered by Sellers through the Merchandise Management Area of the Site.

6.3. Letzshop offers Buyers the ability to order products or services from Sellers on the Site.

6.4. Letzshop offers the following delivery options for Purchasers:

6.4.1. The Buyer can collect the Seller's Purchases through the "Click & Collect" procedure from the Seller himself. The Buyer, the recipient of the Purchase or the person collecting the Purchase shall keep the e-mail with the order number available in digital or printed form to prove to the Seller his right to collect or receive the Purchase.

6.4.2. The Buyer can order the delivery of the Purchase through the Delivery Service ("online order"), unless otherwise specified by the Seller. The shipping and transport conditions of the Delivery Service as well as other applicable legal provisions shall apply.

6.5. In respect of orders placed on the Site by the Buyer with the Seller, the type, time and place of the service to be provided shall be governed exclusively by the agreement between the Buyer and the Seller and the Seller's general terms and conditions of sale insofar as they do not contravene the General Terms and Conditions as defined herein.

6.6. Letzshop may issue vouchers to the Buyer at Letzshop's discretion and expense in connection with special offers. However, Letzshop is under no obligation to do so and the Buyer is not entitled to any special offers of any kind.

6.6.1. These vouchers contain, at Letzshop's discretion, a discount for a certain amount or a discount for a percentage of the Price.

6.6.2. In the event of a special promotion, the Buyer will receive a voucher indicating the amount of the discount and a code. The Buyer must use this code at the time of booking in order to benefit from the discount.

7. Obligations of the Seller

7.1. The Seller undertakes to act in accordance with its legal obligations, the obligations described in the General Terms and Conditions and, in particular, to comply with the obligations set out in these User GTC.

7.2. The Seller undertakes to provide accurate and truthful information regarding its contact and address details, including details for payment processing, and to keep all its information up-to-date.

7.3. The Seller undertakes to supply the products or services to the Buyers as soon as their orders have been paid for.

7.4. The Seller agrees to provide a complete and accurate description of the products or services it offers on Letzshop. This description must reflect the essential characteristics of the products or services and may be accompanied by images allowing the Buyer to represent the products or services in a fair and sincere manner.

7.5. The Seller undertakes to inform the Buyer in case of effective cancellation of a Purchase or exercise of the right of withdrawal and to inform Letzshop immediately on the Letzshop Platform, if the cancellation or the right of withdrawal has not been made on the Letzshop Platform.

7.6. The Seller undertakes not to charge the Buyer any other fees, commissions or require any other payment in addition to the Price indicated on the Site.

7.7. The Seller has a duty of care regarding the identity of the Buyer and the information he provides. Letzshop does not guarantee the accuracy of the information provided during the registration of the Users, as the identification of persons on the Internet is only possible to a limited extent. Therefore, despite the best efforts of Letzshop, it cannot be excluded that a User account contains incorrect data.

7.8. The Seller agrees not to use any data provided by the Buyer in the context of the Letzshop Platform, such as name, address and e-mail address, for any purpose other than the provision of the Service. In particular, the Seller shall not use the aforementioned data for advertising purposes, unless the Buyer gives his explicit consent. The Seller also undertakes to comply with the applicable legal provisions on data protection as defined in the General Terms and Conditions available on the Site.

7.9. The Seller acknowledges that he has read and accepts the special provisions applicable specifically to Sellers on the Letzshop Platform set out in the Sellers Users’ GTC, available on the Site.

8. Obligations of the Buyer

8.1. The Buyer undertakes to act in accordance with the obligations set out in these Users’ GTC and to comply with the Seller's general terms and conditions of sale when making Purchases.

8.2. The Buyer undertakes to provide accurate and truthful contact and address information, including data for payment processing, and to keep all information up to date.

8.3. In the case of orders for foodstuffs or other perishable products, the Buyer undertakes to collect the order from the Seller on the same day as the order is placed, and at the latest by the time the Seller's shop closes, unless the Seller indicates otherwise. Orders placed during the last hour of business or outside of business hours must be collected on the next working day before the shop closes, unless otherwise specified by the Seller.

8.3.1. If the Buyer does not collect the product ordered within this period, he/she will receive a reminder by e-mail asking him/her to indicate whether he/she wishes to cancel the order or collect the product ordered from the Seller on the next working day.

8.3.2. If the Buyer does not respond to the reminder sent to him before the end of the next working day in the sense of Article 8.3.1, the Purchase shall be terminated, the Seller shall recover ownership of the products or services and shall retain the amount paid by the Buyer as compensation. The Buyer shall not be entitled to any refund or compensation in the event of the application of this Article 8.3.2.

8.3.3. If the Buyer does not collect the perishable goods within the next working day, despite his declaration as described in Article 8.3.1, the Purchase shall be terminated, the Seller shall recover ownership of the products or services and shall retain the amount paid by the Buyer as compensation. The Buyer shall not be entitled to any refund or compensation in the event of the application of this Article 8.3.2.

8.4. The Buyer who has chosen the "Click and Collect" procedure undertakes to collect the non-perishable Purchases by his own means within a maximum of three (3) weeks after payment of the order, unless otherwise indicated by the Seller.

8.4.1. The Buyer will receive a reminder after two weeks.

8.4.2. If, despite the reminder, the Buyer does not withdraw from the Purchase within the aforementioned period, the Purchase shall be terminated at the end of the three (3) weeks following the payment of the order, the Seller shall recover ownership of the products or services and shall retain the amount paid by the Buyer as compensation. The Buyer shall not be entitled to any reimbursement or compensation in the event of the application of this Article 8.4.2.

8.5. The Buyer is obliged to comply with any other agreement he has made with the Seller in connection with the ordering of a Purchase in accordance with Article 6.5.

8.6 Buyer certifies that it is 18 years of age or older at the time of making the purchase on the Site. By making a purchase, Buyer confirms and warrants to Letzshop that it meets this age requirement.

8.6.1 Buyer acknowledges and agrees that Letzshop cannot independently verify the accuracy of the age certification provided. Therefore, by accepting these Terms, Buyer assumes full responsibility for the truthfulness of its age declaration and understands that providing false information may result in legal consequences, including but not limited to, cancellation of the purchase and legal action.

8.6.2. Letzshop reserves the right to refuse any purchase, at its discretion, if it has reason to believe that the purchaser does not meet the required age criteria.

9. Order management

9.1. The acceptance of the order by the Seller creates a sales contract between the Seller and the Buyer with the following object

9.1.1. the purchase with transfer of ownership of one or more products which the Seller is obliged to hand over to the Buyer, with the Buyer's obligation to pay the agreed Price to the Seller and to accept delivery; or

9.1.2. the purchase of a service to be performed by the Seller, with the obligation for the Buyer to pay the agreed Price to the Seller.

9.2. The Buyer is obliged to pay the Price at the conclusion of the contract and before any delivery of the product or service.

9.3. The Seller shall retain its claim within the meaning of Articles 9.1 and 9.2 for the Order Price and shall remain responsible for the possible collection of any claim of the Buyer in its own name and for its own account.

9.4. The Seller undertakes to provide the Buyer with an invoice for the price of the order.

9.5. The Buyer undertakes to pay the debt owed to the Seller immediately.

9.6. The Seller shall bear the risk that the Buyer's claim may not be collected.

10. Cancelling an order

10.1. In the event of cancellation of an order, and insofar as the Buyer is offered such an opportunity, the relevant legal provisions shall apply and the contract between the Buyer and the Seller shall be cancelled retroactively.

10.2. The Buyer cannot be reimbursed for the delivery costs.

11. Guarantees

11.1. The Buyer has a legal guarantee of conformity. In accordance with the legal provisions in force relating to the conformity of the goods with the contract or hidden defects, defective products (through no fault of the Buyer) or products that do not correspond to the order will be reimbursed by the Seller, exchanged or repaired at the Buyer's discretion, unless repair or exchange is impossible or would cause disproportionate costs for the Seller. The Buyer may also decide to keep the defective product and request a price reduction from the Seller, unless the Seller offers to exchange or repair the good.

11.2. In this context, the products must be returned to the Seller in the state in which they were received with all the elements (accessories, instructions, etc.) in packaging that allows for transport in good conditions, the shipping costs will be reimbursed to the Buyer on the basis of the invoiced rate and the return costs will be covered by the Seller.

11.3. The refund will be made by re-crediting the payment method used at the time of the order or by means of a discount voucher for the purchase of another product.

12. Vendor Evaluation

12.1. Letzshop allows Buyers, where technically possible, to evaluate the performance of Sellers through a rating system after contract execution and to rate content posted by other Buyers as useful, relevant, or necessary. In this way, the rating system can facilitate purchasing decisions.

12.2. Buyers undertake to provide only accurate information in the assessments provided and to comply with the legal provisions.

12.3. Letzshop does not review reviews and assumes no responsibility for the reviews or their content.

12.4. The evaluation system may not be used against its objectives. In particular, it is forbidden :

• to claim inaccurate facts,

• to be assessed or to arrange for such an assessment by a third party, or

• to allow facts or circumstances extraneous to the conclusion or performance of the contract to be mentioned in the assessments.

12.5. Letzshop reserves the right to remove any or all reviews, if Letzshop becomes aware of them in any way, that have objectionable content as defined in Article 12.4 or are prohibited as defined in Article 13.2.

13. Prohibited uses of the Services

13.1. Presentation of Products, Business Portfolio, Commercial Presentation prohibited:
13.1.1. Works such as texts, photographs, graphics and videos (product descriptions) used by Sellers to describe their activities, their Business Portfolio, their products or services must not infringe the rights of third parties, in particular intellectual property rights, copyright, trademark rights or personal rights.

13.1.2. Each Seller warrants to Letzshop that it has the necessary rights to use and reproduce the text and photographs referred to in 13.1.1 and, where applicable, graphics and videos or other copyrighted works and/or trademark rights and/or the consent of the rights holder.

13.1.3. By making a product or service description or Business Portfolio or Business Presentation publicly available on the Letzshop Platform (inputting, uploading, providing text, photographs, videos, graphics, etc.), the Seller grants Letzshop the right to use such information (in whole or in part) worldwide free of charge, on a non-exclusive basis, for the provision of the Services.), the Seller grants Letzshop the free, non-exclusive, unlimited in time and space right to use them (in whole or in part) worldwide for the provision of the Services offered by Letzshop or for advertising such Services on the Internet, on any mobile applications, on posters, in any print media of any kind, television and radio (right of representation and communication to the public, right of adaptation, broadcasting, reproduction in any form, distribution, broadcasting) as well as the right to modify or redraw the works and the right to transfer these rights to third parties insofar as this is necessary to achieve the objective (provision of the Service offered by Letzshop or advertising the Service).

13.1.4 By making images of a person available to the public on the Website (uploading and publishing images, publishing text, etc.), the Seller grants Letzshop the royalty-free, non-exclusive, unlimited right in time and space to use such work (in whole or in part) for the provision of the Services offered by Letzshop on the Internet or on any mobile application or for the advertising of such Services (right of public display and communication). Images of people may not, however, be used for advertising Letzshop, unless the Seller has written permission for such use.

13.1.5. The Seller warrants and represents that it has the rights set forth in Articles 13.1.3 and 13.1.4, releases Letzshop from all liability, shall hold Letzshop harmless against all claims of third parties, and shall bear all financial consequences and direct and indirect damages suffered by Letzshop in this context, including reasonable legal costs.

13.1.6. Letzshop does not verify the legality of the content of downloads made by Users under the terms of the above paragraphs.

13.1.7. Letzshop reserves the right to remove all or part of the content if it has knowledge of it (information from third parties), to the extent that the content is illegal or constitutes prohibited content or prohibited activity as defined in Article 13.2.

13.2. Other prohibited content and products or services

13.2.1. It is the User's responsibility to ensure that his or her conduct on the Letzshop Platform complies with applicable laws and the Terms and Conditions. Users are advised that the publication, dissemination, sale or mere provision of the goods, services, content and activities described below, violate applicable law, the rights of third parties, the Terms and Conditions or the interest of Letzshop as described in Article 13.1. and are therefore strictly prohibited on the Letzshop Platform:

• The sale of goods the sale of which is prohibited by law, in particular stolen goods, child pornography and violent items, narcotics, etc.
  
• The publication or dissemination of insults, false statements, abusive, defamatory or slanderous allegations,
  
• Violent, racist publications or content, calling for the commission of offences or any other publication or content sanctioned by criminal law,
  
• Content and representation of a sexual nature or prohibited to minors,
  
• Reproduction, representation and public disclosure of copyrighted works without having the relevant rights,
  
• The publication of images without the consent of the persons concerned,
  
• The publication of any content that violates the anonymity of Users or their right to remain anonymous,
  
• Use of the Site for commercial purposes other than those authorized by Letzshop, unless Letzshop has given its prior written consent to such commercial use for other purposes,
  
• The publication of personal data of third parties,
  
• The use of the Site for political or religious purposes,
  
• The sending of junk mail, chain letters or unsolicited mass mail, instant messages or spamming, and generally any use in violation of the legal provisions applicable to the protection of personal data,
  
• Use of the Site resulting in disruption, interruption or excessive load on Letzshop's Services,
  
• Using another User's account, username or password without their permission,
  
• The use of technical and logical means to interfere with the proper functioning of the Letzshop Platform,
  
• Blocking, deleting or modifying content generated by Letzshop,
  
• Use of the Letzshop Services contrary to applicable laws and regulations.
  

13.2.2. The examples given in the above list are not exhaustive.

13.2.3. The consequences of violation of legal provisions, rights of third parties or the Terms and Conditions or the interest of Letzshop are governed by Articles 14 to 17 of these Users’ GTC Users.

13.3 Exclusion of liability of Letzshop for unauthorized use of the Services.

13.3.1. The User is responsible for all claims made by other Users or third parties against Letzshop as a result of the prohibited use of the Letzshop Platform Services, as described non-exhaustively in Articles 13.1 and 13.2.

13.3.2. The User shall bear and/or reimburse on first demand if Letzshop has to advance the full cost of Letzshop's legal advice and defence.

13.3.3. In addition, the User agrees to provide Letzshop without delay with all information necessary for the investigation of claims and its defense in case of claims by third parties.

14. Deleting content, restricting and blocking Users' accounts

14.1. Letzshop reserves the right to terminate the contract without notice, in case of violation of legal provisions, third party rights or of the Terms and Conditions, and

• to notify the User,
  
• to remove offers or other content from that User,
  
• to limit the use of the Site for the User,
  
• temporarily or permanently exclude the User from using the Site (blocking),
  
• to take any other necessary or useful legal measures (such as filing a criminal complaint).
  

14.2. Such action may be taken, even if not required by law or regulation, at Letzshop's sole discretion.

14.3. Once a User has been blocked, that User is prohibited from logging in with another User account or using the Services from any other User account.

14.4. Agreements already concluded between Users are not affected by a restriction or blocking of a User.

15. Responsibility of Users

The User is responsible for all activities that are carried out from his User account, unless he can demonstrate misuse of his User account not resulting from a breach of his duty of care.

16. Limitations of liability of Letzshop

16.1. Letzshop is liable without limitation for damages caused by Letzshop, its employees and vicarious agents, intentionally or by gross negligence, in case of fraudulent concealment as well as for all personal injuries.

16.2. Letzshop is only liable for other damages if there is a breach of an obligation, the performance of which is essential for the proper execution of the contract and which the contractual partner can regularly rely on. Liability for damages is limited to direct and foreseeable damages in the performance of the contract. Any further liability of Letzshop is excluded.

16.3. Since Letzshop is not involved in the contractual relationship between the Buyer and the Seller, Letzshop assumes no warranty and/or liability for any obligations or damages resulting from the sale of products or services, payment terms or delivery terms.

16.4. Letzshop is subject to a best effort obligation and does not guarantee to Users any operational availability of the Services.

17. Duration and termination of the user agreement

The user agreement is a fixed term agreement for a minimum period agreed between the Seller and Letzshop at the conclusion of the membership agreement in accordance with article 3.2. After the expiration of the minimum contract period, the user agreement is concluded for an indefinite period.

17.1. Buyers may terminate the user agreement at any time. Letzshop has the same right. For this purpose, termination by e-mail is sufficient.

17.2. The Seller may terminate the User Agreement, and Letzshop may terminate the Seller's User Agreement, at the end of the minimum term agreed upon at the time of the conclusion of the Membership Agreement with a notice period of one (1) month. For this purpose, termination by e-mail is sufficient.

17.3. However, contracts concluded between the Buyer and the Seller from the Site up to the time of termination and the corresponding processing shall not be affected by the termination of this User Agreement.

17.4. Letzshop and the Seller have the right to block and terminate without notice the User Agreement for breach of essential obligations, including but not limited to Letzshop's or the Seller's failure to comply with the Terms of Service.

18. Intellectual property

18.1. All texts, comments, works, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright law and intellectual property law, for the entire duration of the protection of these rights and for the entire world. Any total or partial reproduction or representation of the Site or of all or part of the elements found on the Site is strictly forbidden.

18.2. The company names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly forbidden and must be subject to prior written authorisation from the owner of the trademark.

18.3. Some products are subject to specific personal use rights regulating copying, public distribution, and rental. Users must respect these specific rights of use and Letzshop shall not be responsible for any use that may be made in this context.

19. Protection of personal data

Users' personal data are processed by Letzshop and Sellers, as well as their partners in case of a Purchase by a Buyer. The processing of Users' personal data is essential to access and use the Services. To learn more about the processing of your personal data and your rights therein, Letzshop invites you to consult the Letzshop Platform Privacy and Cookie Management Policy available on the Site.

20. Securing

The Site is subject to a security system: Letzshop has adopted the SSL encryption process but has also strengthened all scrambling and encryption processes to protect all sensitive payment data used on the Site as effectively as possible.

21. Modification of the Terms and Conditions

21.1 Letzshop reserves the right to unilaterally modify the Terms and Conditions at any time, in particular in case of modifications of the Services.

21.2 Letzshop will then notify the Buyer on the Web Site and/or by e-mail of such changes and the Buyer will then have a period of one (1) month from the receipt of such notification to notify its willingness to terminate its membership to the Letzshop platform, if it does not wish to be bound by the modified Terms and Conditions, In the absence of such notification within this period, the Buyer shall have validly accepted the modification of the Terms and Conditions.

22. Partial nullity

If one or more of the provisions of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or a final decision of a competent court, the other provisions shall retain all their force and scope.

23. Claims

23.1 At any time, the Buyer may contact the Seller and make any request or claim relating to the Purchases by using the messaging tool provided as part of the Service, in particular to assert his guarantees.

23.2 Disputes shall be settled directly between the Buyer and the Seller, if necessary using the messaging tool provided on the Service, without any liability on the part of Letzshop, including in case of unavailability of the messaging tool.

23.3. The Buyer and the Seller shall use their best efforts to reach an amicable settlement of the dispute.

23.4. If the complaints are justified, the dispute declared may give rise either to the return of the product that was the subject of the Purchase or to a refund.

23.5 Provided that the legal requirements are met, the Buyer or the Seller may submit a request for the out-of-court settlement of a consumer dispute to the Consumer Ombudsman either by letter, fax, e-mail or by visiting www.mediateurconsommation.lu.

24. Online Dispute Resolution Platform

24.1. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

24.2. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

25. Right of withdrawal

25.1. In accordance with the legal provisions in force, in the case of a purchase made from a professional Seller, the Buyer has a period of fourteen (14) days from receipt of the product(s) ordered or from the date of conclusion of the contract in the case of service contracts to exercise his right of withdrawal from the said Seller, without having to justify his reasons or pay any penalty.

25.2 If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining at the Buyer's expense, unless the Seller indicates otherwise.

25.3. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) in packaging identical to that used at the time of shipment, allowing them to be remarketed.

25.4. Returns must also be accompanied by proof of purchase and a copy of the invoice or delivery note for optimal management.

25.5. In accordance with the regulations in force, the right of withdrawal cannot be exercised for certain goods and services listed in Article L. 222-9 of the Consumer Code.

25.6. The Buyer shall exercise his right of withdrawal directly with the Seller concerned by means of

• the standard withdrawal form to be sent to the Seller at the address he will indicate during their exchanges, via the messaging tool made available as part of the Service available on the Site.

• or by any other means, in particular by e-mail expressing the Buyer's wish to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal using the messaging tool made available within the framework of the Service.

• Once the withdrawal form or declaration has been sent to the Seller, the Buyer must return the Product(s) concerned to the Seller within a reasonable period of time and, at the latest, within fourteen (14) days of the communication to the Seller of the Buyer's decision to withdraw.

25.7. The Buyer shall return the Product(s) to the address indicated by the Seller using the messaging tool provided as part of the Service.

25.8. The Seller will reimburse the sums paid (including delivery costs; at the latest within fourteen (14) days from the date on which the right was exercised with the Seller, using the same means of payment as that used for the order. This refund date may be deferred until the product is recovered or until the Buyer has simultaneously provided the Seller with proof of shipment of the product, whichever comes first.

26. Point of contact

26.1. In order to ensure transparent and effective communication with Users, Letzshop establishes a dedicated point of contact for Users.

26.2. This point of contact is intended to receive and handle all requests, questions, or concerns raised by Users regarding the use of the Site, including but not limited to questions regarding products, deliveries, retractions and exchanges, and technical problems.

26.3. Users may access this point of contact by using this online form.

27. Digital Services Act (DSA) contact point

27.1. Letzshop has established a dedicated contact point, accessible to the relevant authorities, the European Commission, and the European Digital Services Committee, for any questions, requests for information or notifications in relation to the DSA.

27.2. The contact point can be reached using this online form.

27.3. Communications with Letzshop's designated point of contact may be made in the following languages:

• French

• German

• English

27.4 This online form is for the exclusive use of member state authorities, the European Commission, and the European Digital Services Committee. For any other request, please refer to the means of contact indicated on our site.

28. Notices and complaints procedure for illegal content

28.1. If you believe that any intellectual property rights have been infringed, please submit your complaint using our online reporting form. This form can be used to report all types of intellectual property claims, including copyright, trade mark, counterfeit and patent claims.

28.2 Upon receipt of a complaint, we may take certain actions, including removal of information or an item and closure of a repeat Seller's account in appropriate circumstances. All such actions are taken without admission of liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved.

28.3 Important Warning: Providing Letzshop with false, misleading or inaccurate information in the Notification Form may result in civil and/or criminal liability. If you have any questions, we advise you to contact legal counsel.

29. Applicable Law - Dispute Resolution

29.1. The Terms and Conditions are governed by the laws of the Grand Duchy of Luxembourg. Any dispute relating to their interpretation and/or execution shall be subject to the jurisdiction of the Court of Letzshop's registered office, unless mandatory legal provisions grant the Buyer the jurisdiction of other courts.

29.2. For all deliveries outside the territory of Luxembourg, the application of the law of the Grand Duchy of Luxembourg does not preclude mandatory legal provisions, more favourable to consumers, which may exist in another member country of the European Union.

29.3. These Users’ GTC are drawn up in French, German and English language versions. In case of any dispute, the French language version shall prevail.

Special Terms and Conditions applicable to Sellers on the Letzshop platform

(hereafter "Sellers’ GTC")

Purpose and scope

1.1. These Seller GTC supplement the Membership Agreement signed by each Seller with Luxembourg for Shopping (hereinafter "Letzshop"), and are intended to define the specific terms and conditions under which Letzshop provides Sellers, as part of the Service, with technological tools to offer products and services for sale, and to define their terms and conditions of sale.

1.2 In addition to the Seller GTC, the Letzshop Platform Terms and Conditions also apply to all Users of the Letzshop Platform (the "Users’ GTC"), available on the Site.

1.3. Words beginning with a capital letter and not defined in these Seller GTC have the same meaning as in Article 2 of the Users’ GTC.

2. Particular obligations of the Seller towards Letzshop

2.1. The Seller agrees to offer the products or services for sale in accordance with the product and service sales guidelines found on the Seller's backend, in particular with respect to their illustrations, the minimum quality of which is described in more detail in Letzshop's guidelines.

2.2. The Seller undertakes to indicate the price of the product or service in accordance with the legal provisions.

2.3 This includes, among other things, the Seller's legal information and cancellation instructions in accordance with the Services offered (delivery of goods or provision of services).

2.4. Seller agrees that its terms and conditions of sale (GTC) shall be consistent with and in any event subordinate to Letzshop's GTC. Any consequences resulting from incompatibility shall not be enforceable against Luxembourg and shall be borne exclusively by the Seller. This also applies to any disputes and in particular to those concerning the question of priority of the respective GTC. Seller expressly and irrevocably releases Letzshop from all adverse consequences, financial burdens and defense costs arising from the GTC used by it, both before, during and after legal proceedings.

2.5. If the delivery costs differ from the terms and conditions of the Delivery Service offered by the provider selected by Letzshop, the Seller undertakes to set the amount of the delivery costs according to the goods in the backend. This applies in particular if the goods do not correspond to the dimensions and weight indicated in the terms and conditions of the Delivery Service. In addition, the Seller shall specify whether the delivery of the goods cannot be carried out with the Delivery Service, and if so, whether the goods are to be collected by the Buyer himself or delivered by the Seller himself. In this case, the Seller shall enter into an agreement with the Buyer at the time of collection. If a Seller's Delivery Service is used, the Seller shall inform the Buyer of the additional costs incurred by this service.

2.6. The Seller undertakes to label the order package of products prohibited to minors, such as films, photographs, video games or tobacco products, according to the age restrictions to which they are subject.

2.7. The Seller is required to have the goods offered on Letzshop in stock.

2.8. The Seller undertakes, when the products or services it provides are not immediately available :

2.8.1. to indicate that these products and services are "unavailable" on the Letzshop Platform;

2.8.2. in case the Seller can specify a binding pre-order period (e.g. 5-day delivery period), to specify this pre-order period.

2.9. With regard to goods ordered by the Buyer using the "Click & Collect" procedure, the Seller undertakes to

2.9.1. monitor the receipt of orders on the online market backend at all times and accept or reject binding order requests within thirty (30) minutes during business hours,

2.9.2. declare the acceptance of an order on the online marketplace backend by triggering the message "goods are ready for collection", which will be sent to the Buyer by e-mail with cancellation instructions and reference to the cancellation form,

2.9.3. to make the ordered goods available to the Users of the online platform within thirty (30) minutes of acceptance of the order in the shop and in any event before the end of the next working day within the meaning of paragraphs 8.3 and 8.4 of the Users' GTC,

2.9.4. specify the exact location of the collection (e.g. address, floor).

2.9.5. attach the order number assigned to the order in accordance with article 4.11 of the Users’ GTC to the package in a legible and fixed manner for the Users of the Site,

2.9.6. pack and prepare the order so that the person picking up the order can take it away without delay.

2.9.7. grant collectors access to goods ordered in accordance with the above paragraphs during the shop's legal opening hours.

2.10. For goods ordered online, with shipment by the Delivery Service, the Seller undertakes to pack the goods carefully as a small package or parcel and to confirm this by clicking on a link sent to the Seller by Letzshop and to hand over the shipment to the Delivery Service on the same day from 4 pm. The obligation to hand over the goods on the same day exists only if and insofar as the order was received between Monday and Friday before 3.30 pm. Otherwise, the goods must be delivered the next day, unless otherwise agreed in writing between the Seller and Letzshop.

2.11. With regard to the Services sold through the Site, the Seller undertakes to

2.11.1. provide the service at the agreed time at the agreed place - or - if not yet agreed - to define them directly with the Buyer,

2.11.2. to be able to effectively offer the service to the Buyer within one (1) month at the latest, unless a specific execution date has been agreed with the order for the service.

2.11.3. not offering sexual services or mediating for sexual services.

2.11.4. not to offer services prohibited by law,

2.11.5. comply with the General Terms and Conditions, and in particular the Users’ GTC, and the legal provisions.

2.12. The Seller undertakes, in the event of cancellation, to make a cancellation report on the Site. In the event of a refund to the Buyer, he must also indicate :

2.12.1. if the product or service has been refunded in cash in the shop, or

2.12.2. if he/she wishes to be reimbursed by the same means of payment as that with which he/she originally paid.

2.13. The Seller is obliged to confirm the return of the product to the Buyer in case of an effective cancellation.

2.14. Letzshop permits the sale of used or second-hand products on the platform, subject to specific conditions aimed at providing a transparent and reliable shopping experience for customers.

2.14.1. For the purposes of these Terms and Conditions, "used or second-hand products" are defined as any items that have been previously owned, used, or otherwise not in their original, brand-new condition.

2.14.2. Sellers who wish to list, sell, or otherwise offer used or second-hand products on the Letzshop Platform must comply with the following conditions:

• The product listing must clearly and prominently identify the item as used or second-hand.

• The product listing must provide an accurate and detailed description of the item's condition, including any wear, damage, or defects.

• The product listing must include clear and detailed photos of all wear marks, damage, or other relevant aspects of the item's condition. These photos must be representative of the actual item being sold and not be misleading in any way.

• The Seller must provide any additional information requested by a potential buyer regarding the item's condition, history, or other relevant details.

2.14.3. Letzshop reserves the right to remove any listings that are found to be in violation of these conditions. Furthermore, Sellers found to be repeatedly violating these conditions may be subject to account suspension or termination, at Letzshop's sole discretion.

3. Putting the Seller's offers online

3.1. Letzshop offers Sellers different possibilities to display their offers on the online platform:

3.1.1. Sellers can manually enter data on products and services on the platform's backend.

3.1.2. Sellers may use a spreadsheet provided by Letzshop with a tutorial.

3.1.3. The provision of the spreadsheet is a free additional service of Letzshop, which is not part of the paid services of Letzshop.

3.1.4. Letzshop does not guarantee the availability of the import on the spreadsheet.

3.1.5. Letzshop makes no warranty and assumes no responsibility for the functionality of the spreadsheet.

3.2. To the extent technically feasible, Sellers may link their merchandise management system to the Letzshop Platform through an interface provided by Letzshop allowing them to place their goods directly on the Site. Bids submitted through the interface must comply with legal requirements for merchandise and price information and other regulations.

3.2.1. The provision of the interface is a free additional service of Letzshop, which is not part of the paid services of Letzshop.

3.2.2. Letzshop does not guarantee the functionality of the connection of the Seller's merchandise management system to the Letzshop Platform.

3.2.3. Letzshop makes no warranties and assumes no responsibility for the functionality of the interface.

3.2.4. Letzshop may provide the Seller with technical support to enable the connection to the Letzshop Platform. This technical support is however a separate fee-based support. For this, the Seller and Letzshop must enter into a separate agreement.

3.3. Sellers may, to the extent technically feasible, link their merchandise management system through an interface provided by Letzshop with Letzshop's Merchandise Management Area to provide Buyer with merchandise inventory information.

3.4. Letzshop also offers Sellers the possibility, in certain cases, to connect their merchandise management system through the interface defined in section 3.1.3 hereof and have the offers automatically enriched with the data Letzshop receives from the Sellers.

4. Fees

4.1. Membership fees are charged periodically for use of the Site. The amount of the membership fee is set forth in the Membership Agreement between the Seller and Letzshop. The agreed fees are due periodically at the beginning of the period of use or, for the first time, at the beginning of the billing period following that in which the Membership Agreement is signed. If the Seller terminates the contract before the end of the minimum term specified in the Membership Agreement, no fee will be refunded.

4.2 In addition to the membership fee, a sales commission is charged for each order sent to the Seller via the Platform. This sales commission includes the payment costs. The sales commission applies to the gross amount of an order, i.e. including all costs and taxes. The rate of the sales commission is determined by the Membership Agreement signed between the Seller and Letzshop. In case of cancellation of an order, the sales commission, minus the payment fees, is refunded to the Seller.

4.3 In addition to the basic fee, a set-up fee may be charged for Letzshop's uploading of the Trade Presentation, for the insertion of photographs and text into the Site's backend, if the Seller has opted for this additional service at the conclusion of the contract. The amount of the installation fee is determined by agreement between the Seller and Letzshop.

5. Invoicing between the Seller and Letzshop

Billing between Letzshop and the Seller shall be in accordance with the terms of the membership agreement.

6. Personal data Sellers

6.1. In addition to the Privacy Policy, Buyer and Seller are advised that all data collected as part of the Service when placing orders may be processed by Letzshop for the purpose of performing the Services.

6.2. Purchasers' information and data relating to Purchases are transmitted by Letzshop to Sellers for the sole purpose of enabling them to perform the Services. It may not be used for any other purpose.

6.3. In case of difficulty concerning the processing of such data, the Buyer and the Seller may contact Letzshop directly, as set out in the Privacy Policy, as the case may be.

6.4. Each Seller has access only to the personal data provided by the Purchasers of its products or services to Letzshop at the time of their order.

6.5. The Sellers undertake to ensure the security of the personal data they keep for the purposes of carrying out and following up orders and undertake to comply with the law and regulations governing protection in force, in particular the European General Data Protection Regulation of 27 April 2016 (RGPD)