General Terms and Conditions of Use for the www.autolux.lu website
All Users must read these General Terms and Conditions of Use (hereinafter referred to as “GTCU”) which specify the rules of use of this website. The use of this website implies full acceptance of the GTCU.
These GTCU are without prejudice to the general conditions of sale which they supplement.
Article 1 – Legal information
This website is published by Autolux Sàrl, whose registered office is at 54 Route d’Arlon L-8008 Strassen, Grand Duchy of Luxembourg, registered in the Trade and Companies Register under number B 8047, Telephone: +352 22 11 81 26 (hereinafter referred to as “Autolux”).
This website is hosted by ReachTheFirst.
Article 2 – Definitions
The words and phrases beginning with a capital letter in the GTCU shall have the following meaning:
Website: this website accessible at the following address: www.autolux.lu.
User: The User is anyone who visits one or more pages of the Website or one of the services offered on the Website.
User Content: The term “User Content” refers to the data submitted by the User within the different sections of the Website.
Article 3 – Purpose
The GTCU govern the access to and the use of the Website.
Any access to and/or Use of the website www.autolux.lu, including sending an e-mail to Autolux using a “mailto” link available on the Website, implies acceptance of and compliance with all the terms of these GTCU and their unconditional acceptance. They therefore constitute an agreement between Autolux and the User.
Should Users not wish to accept all or part of these general terms and conditions, they are requested not to use the Service.
Autolux reserves the right to change the GTCU at any time by publishing a new version of the GTCU on the Website. Such changes shall come into force as soon as they are posted online and shall therefore be applicable to all Internet users from that moment on.
Autolux advises anyone visiting the Website to save or print the GTCU, without changing them, however.
Article 4 – Notice and disclaimer
The information contained in the Website is of a general nature only and does not refer to the specific circumstances of any individual or legal entity.
It is not necessarily comprehensive, complete, accurate or up to date. It sometimes refers to external websites over which Autolux has no control and for which Autolux assumes no responsibility.
Autolux is bound only by a best-efforts obligation concerning the information it makes available to visitors to its Website.
Although Autolux has taken every precaution to ensure the reliability of the information contained on this Website, it shall make every effort to correct any errors that are brought to its attention and may not be held liable for errors, omissions or for the results that might be obtained from the use of such information.
Accordingly, Users who obtain information from the Website shall be responsible for any use which may be made thereof.
Autolux will take all possible steps to minimise disruption caused by technical errors. However, some data or information on the Website may have been created or structured in files and formats which are not error-free and Autolux cannot guarantee that the service will not be interrupted or otherwise affected by such problems.
Autolux accepts no responsibility with regard to any problems of this type occurring as a result of using this website or any other linked external websites.
This disclaimer is not intended to limit the liability of Autolux in contravention of any requirements laid down in applicable national legislation or exclude its liability for matters where it may not be excluded.
Article 5 – Contact requests
Users may contact Autolux by using a form on the Website.
Autolux shall do its utmost to reply to any contact request sent by Users. However, on no account does Autolux agree to reply to or acknowledge receipt of Users’ requests.
Autolux makes no commitment to Users to regularly send them one or more newsletters.
Article 6 – Protection of personal data
Users are informed that their registration on the Website (via the contact form) results in, for Autolux, the collection and automatic processing of their personal data, the use of which is subject to the provisions of the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, as amended.
6.1 – Purposes
Personal data concerning Users are collected in order to:
enable Autolux to reply to Users’ requests
The data will also be used to compile anonymous statistics regarding website use
6.2 – Data controller
In theory, the data shall only be processed by Autolux personnel. In a continual drive to improve its response to the expectations of the Website Users, Autolux may share certain information with its technical service providers. Personal data concerning Users shall not be passed on to any other third party.
6.3 – Data retention
Such data shall only be stored and used for the purposes detailed above. They are stored for the time necessary for the purposes for which they are collected and processed.
Any contact request shall result in the User’s e-mail address being stored for the purposes of sending him/her periodic newsletters by e-mail. Should Users no longer wish to receive newsletters from Autolux by e-mail, they can unsubscribe by clicking on the link provided for that purpose in each newsletter.
Autolux shall not disclose personal data to third parties for direct marketing purposes.
The required fields on the form are marked by an asterisk.
6.4 – Cookie policy
Autolux uses cookie technology, which carries out the statistical processing of data and provides detailed information on the number of people who have accessed the Website, how they accessed the Website and the number of times they have visited the Website.
Autolux places a cookie on the User’s computer. The cookie does not allow Autolux to identify the User. In general, it records data about how the User’s computer navigates through the Website (the pages visited, the time and date on which they are viewed, etc.) which Autolux can read during subsequent visits. In this particular case, it contains information provided by the User. This information is stored in the User’s computer for [1 year].
Users may decline to accept cookies by configuring their browser.
6.5 – Security
Privacy and the protection of personal information passed on to Autolux by Users are essential and Autolux seeks to keep them secure by using every means at its disposal. As such, Autolux does its utmost to protect data concerning its Users and provides a level of security in this matter which meets current standards and practice.
Article 7 – Intellectual Property
The Website, its contents (not otherwise attributed) and all of its constituent parts are creations for which Autolux owns all intellectual property rights and/or has obtained exploitation rights, in particular as regards copyright, design law, database law and trademark law.
Autolux is a registered trademark. Any use of this trademark is prohibited without its owner’s prior written authorisation.
The Website and the software, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds and any other data contained on the Website remain the sole property of Autolux or, where applicable, of their respective owners with whom Autolux has concluded use agreements.
Under no circumstances may they be reproduced, used or represented without express, written authorisation from Autolux, subject to legal proceedings. To obtain such authorisation, contact the Website’s webmaster at the following address: marketing@rodenbourg.com.
Autolux grants the User a non-exclusive and non-transferable right to use the Website as well as original intellectual works and data contained on the Website. The right thus granted consists of (i) the right to consult online the original intellectual works and data contained on the Website and (ii) the right to reproduce consisting of printing and/or saving such consulted original intellectual works and data. This right of use applies only to strictly personal use. Any other right is expressly reserved by Autolux.
Any other use of the Website by the User, especially for business, is prohibited without express written authorisation from Autolux.
The User must in particular refrain from reproducing and/or representing, downloading, selling, distributing, issuing, translating, adapting, exploiting, broadcasting and communicating in full or in part in any form whatsoever, for commercial purposes or not, any original intellectual work or data contained on the Website, this list not being exhaustive, for any use other than private use.
Article 8 – Hypertext links
Any hypertext link to the Website, regardless of the type of link, is authorised, but must be communicated to and authorised by Autolux beforehand in electronic format. To obtain such authorisation, contact the Website’s webmaster at the following address: marketing@rodenbourg.com.
The Website may include hypertext links to other websites.
On the day of their creation, Autolux ensured, to the extent possible, that these websites and other Internet sources did not contain content contravening Luxembourg laws.
Autolux shall only be held liable for making access to these websites and external sources available where the page or Internet source towards which a hypertext link has been created contained content contravening Luxembourg laws at the time of its creation.
Therefore, Autolux cannot bear any liability as regards the content, advertising, products and services available on or from such websites or external sources offered after the creation of the hypertext link on its Website. By express agreement, it is up to the User to prove that said hypertext link was created after the dissemination of such content, advertising, products and services.
The User consequently acknowledges that Autolux cannot be held responsible for any proven or alleged damages or losses caused by or arising in connection with the use of or the learning of the content, advertising, products and services available on these websites or external sources.
If during a search performed on the Website, a User is led to access websites, pages or forums of which the title and/or content constitutes an infringement of Luxembourg law, especially given the fact that Autolux cannot control the content of such websites and external sources, the User should stop consulting the website concerned, otherwise he/she shall incur the penalties stipulated by Luxembourg legislation or face legal action.
Finally, if, in spite of our efforts, one of the hypertext links on the Website provides a User with access to a website or an Internet source of which the contents do not or appear not to comply with the requirements of Luxembourg law, said User agrees to contact the editorial director immediately by sending an e-mail to marketing@rodenbourg.com in order to send him the address of the website pages at issue.
Autolux then agrees to examine said website and inform the User of the action it proposes to take, within a reasonable time frame. The User agrees not to institute any legal proceedings against Autolux before having received its response. The User also agrees not to institute legal proceedings against Autolux should it refuse to remove said link.
Article 9 – Liability
Autolux is only responsible for the content of the pages it publishes.
Under no circumstances can Autolux be held liable for any damage that might occur on the User’s computer system and/or for the loss of data resulting from the use of the Website by the User.
Autolux shall not be held liable for any events other than those relating to the publishing of the Website.
Autolux does not in any way guarantee the availability or the performance of the Website. The User may not hold Autolux liable on the grounds of lost profit, a missed opportunity or a loss in revenue. Autolux may only be held liable for proven fault and for direct and predictable damage, exclusively caused by Autolux’s failure to fulfil its obligations.
Autolux shall not be held liable for the non-functioning, impossibility of access or malfunctions of the Website due to unsuitable hardware, malfunctions of the service provider’s access services for Users and malfunctions of the Internet network. This will also be the case for any other reasons falling outside the scope of Autolux.
Furthermore, the User acknowledges that the characteristics and restrictions of the Internet network mean that it is not possible to guarantee the availability and proper functioning of the Website. Consequently, Autolux does not guarantee that the Website will function without interruptions or errors. In this respect, it is specified that:
– the Website is accessible 24 hours a day, 7 days a week except in cases of force majeure or events which are outside Autolux’s control
– Autolux may be required to temporarily interrupt access to all or part of the Website for all or some Users for maintenance reasons to ensure that the Website functions properly, without notice and without such interruption entitling the User to any compensation.
The User waives the right to hold Autolux liable for such service interruptions and operational disruptions.
As the Internet is accessible to everyone and, in particular, to ill-intentioned people, Users acknowledge that Autolux cannot guarantee the secrecy of correspondence exchanged by the means available to Users.
The User declares that he/she has been well-informed of the Internet’s intrinsic characteristics and in particular of the fact (i) that data transfer on the Internet does not enjoy a great level of reliability, as this involves heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and which could affect download times and data accessibility, and (ii) that the Internet is an open network and that accordingly the information it conveys is not protected against the risks of diversion, intrusion into his/her system, the hacking of data, files and programmes on his/her system, contamination by computer viruses, and (iii) that it is up to the User to take all appropriate measures to protect the data, files and programmes stored in his/her system against contamination by viruses such as attempts to hack into his/her system.
Article 10 – Partial non-validity
If one or more provisions in the GTCU are regarded as invalid or declared as such under the application of a law or regulation or following a definitive decision by a court of law with the appropriate jurisdiction, they shall be deemed not to have been written and the other provisions shall remain in force.
Article 11 – Headings
In the event of a difficulty in interpretation between any of the headings above the clauses and any of the clauses or between several headings, the headings shall be deemed to be non-existent.
Article 12 – Contract language
Only the French version of these GTCU shall prevail between the parties and may be produced in court.
Article 13 – Applicable law
The GTCU are subject to Luxembourg law.
Article 14 – Attribution of jurisdiction
In the event of a dispute between the parties arising from the formation, interpretation, performance and/or the termination of the contract, and after attempts have been made to find an amicable solution, jurisdiction is expressly attributed to the Luxembourg courts, notwithstanding multiple respondents or third party appeals, even for urgent proceedings, protective proceedings or summary or ex-parte proceedings.
Article 15 – Photo credits
Kia.com/lu
Peugeot.lu
Fotolia.com
Shutterstock.com
Stock.adobe.com
These GTCU were updated on 27 March 2018.