General Terms of Use

Last updated: 1st March 2019

1. General Comments

The following general terms of use (hereinafter the "General Terms of Use" or "GTU") apply to and explain the use of this website (hereinafter the "Website") as well as the use of any and all online services (hereinafter the "Services" or a "Service") proposed by LTOYS S.à r.l., a limited liability company (société à responsabilité limitée) incorporated and existing under Luxembourg law, having its registered office at 141, route de Trèves, L - 6940 Niederanven, registered with the Luxembourg Registry of Commerce and Companies (Registre de Commerce et des Sociétés, Luxembourg) under number B 220946, or by any other of its direct or indirect subsidiaries (hereinafter "LTOYS").

LTOYS reserves the right to modify the present General Terms of Use at any time and at its sole discretion. The updated General Terms of Use will automatically apply to any new Service.

LTOYS will provide access to the Website and Services to Customers on a 24/7 basis, subject to maintenance operations and limitations as mentioned in the present GTU.

By accessing the Website and/or using the Services, you signify that you have read and understood these GTU, that you agree to be bound by them and to have read our Privacy Policy, whether or not you are a registered user of our Services.

2. Definition

"Customer" means any user using the Website and/or the Services.

"Data" means all data, including personal information transmitted to LTOYS in order to benefit from the Services.

"GTS" means the general terms of sale applying to the purchase of a Service.

"Party/Parties" means the Customer or LTOYS individually or together.

"Software" means the computer programs and databases for the automatic processing of data which might be made available to Customers by LTOYS in the framework of certain Services.

"Technical Conditions" means the technical conditions and restrictions for using the Website and/or the Services in terms of compatibility and interoperability.

3. Registration

• 3.1. When subscribing to the Website to benefit from some of the Services, you must enter your personal information as requested (name, email address, etc.) in a correct and truthful manner in order to benefit from the relevant Services. In case of changes, your personal information will need to be updated.
• 3.2. If your Data appears to be incorrect or incomplete, LTOYS reserves the right to suspend the Services.
• 3.3. You are responsible to choose your login details (login ID and password) in order to have access to the Services.
• 3.4. You must maintain and keep these login details strictly confidential, not disclose them to third parties, even temporarily, in any form whatsoever and use them strictly for personal use.
• 3.5. You are solely responsible for the activity that occurs on your account, and must keep your account password secure. You may control your Customer profile and how you interact with LTOYS by changing the settings in your profile settings.
• 3.6. In case of loss or fraudulent access to any login details, you undertake to promptly inform LTOYS by email or any other means of such issue.

4. Maintenance

By using the Website and/or Services, you acknowledge and accept that LTOYS will perform maintenance operations of the Website and the Software and that interruption of access to the Website and unavailability of the Services due to such maintenance operations shall not be deemed to be a faulty behavior of LTOYS according to these GTU or the GTS.

5. Warranties

• 5.1. By using the Website and/or Services, you acknowledge and accept that the Services are provided on an « as is » and « as available » basis for their use, without warranties of any kind, either express or implied.
• 5.2. By using the Website and/or Services, you acknowledge and accept that their use is subject to Technical Conditions. You undertake to comply with these Technical Conditions before subscribing to a Service and in connection with the use of the Website.
• 5.3. By using the Website and/or Services you confirm that you have the proper hardware in order to use them and agree not to use any device and/or undertake any action that might cause any damage to LTOYS.
• 5.4. By using the Website and/or Services you recognize the characteristics of the Internet network, and agree that LTOYS shall not be liable in case of Internet Protocol system interruption due to an act of the Internet service provider or any act outside LTOYS control.
• 5.5. You are responsible for taking all actions necessary to limit the damage that could result from possible corruption of files or documents which are included in the Services.
• 5.6. If you breach any of your obligations as described in these GTU (or in the GTS), such as using the Services for illegal purposes, LTOYS may suspend the Services, restrict your access to the Website or terminate any contract without prior notice.

6. Responsibility

• 6.1. By using the Website and/or Services you guarantee at all times that you will not use the Website and/or the Service in order to:
  • i. represent or advocate for illegal activities, as well as false or misleading information;
  • ii. provide an illegal or unauthorized copy of works protected by copyright, patents and trademarks;
  • iii. stimulate, induce or encourage the transmission of emails, chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
  • iv. promote or encourage any criminal activity or business, or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses;
  • v. solicit passwords or personal information from other users for illegal commercial purposes;
  • vi. distribute, reproduce, publish or modify material protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent.
• 6.2. LTOYS is not able to guarantee a continuous and permanent availability of the Website and the Services. LTOYS will do its best efforts to provide an access to the Website and the most efficient Services to its Customers, subject to maintenance periods.
• 6.3. As stated in Article 4, LTOYS reserves the right to interrupt the Website and Services for maintenance operations. These Services interruptions may not result in any compensation for the Customer.
• 6.4. For certain Services, you may open a ticket to report technical problems. For such Services and in case of Services unavailability due to technical malfunctions caused by LTOYS, and without them having been resolved at the shortest time, LTOYS will do its best efforts to resolve these failures as soon as possible, provided that:
  • i. you have described them precisely while opening a ticket,
  • ii. you fully cooperate with LTOYS and that
  • iii. such failures were not generated by your misuse of the Services.
• 6.5. LTOYS shall not be liable for unavailability of the Website, Services or Software or a loss of Data caused by your faulty act or omission.
• 6.6. More generally, LTOYS shall not be responsible in case of interruption or malfunctions of the Website and/or Services due to:
  • i. Your non-compliance with these GTU, Technical Conditions or any of LTOYS recommendations;
  • ii. Your inappropriate or illegal use of the Website and/or Services;
  • iii. Force majeure events;
  • iv. Events depending on third parties such as telecommunication operators;
  • v. Your wrongful act or omission.
• 6.7. Whilst using the Website or Services, you may have the possibility to click on links which will redirect you to third party service providers. LTOYS shall not be liable for the unavailability of such third party websites or services. More generally, LTOYS shall not be responsible for the functioning, the content or any other aspect of such third party websites or services or for any direct or indirect damage you may have due to following such a link to third party websites or services.

7. Violation of GTU

• 7.1. In case of a breach of your obligations under these GTU, LTOYS is entitled to terminate or suspend any access to the Website and / or the provision of the Services.
• 7.2. Suspension, termination, or cancellation of Services or access to the Website due to the violation of your obligations in regard to the present GTU shall not entitle you to compensation of any kind.

8. Intellectual Property

• 8.1. The Website, all its elements (including the layout) as well as the information and services are protected by intellectual property and copyright laws. The Website remains the exclusive property of LTOYS.
• 8.2. Except as otherwise indicated, LTOYS does not grant any license or authorisation relating to the intellectual property rights it has on the Website, its elements or services. The provision of access to the Website does not constitute a transfer of intellectual property rights to the Customer.
• 8.3. Moreover, no reproduction of the information or services, in whole or in part, in any form whatsoever and by any means whatsoever, is permitted without the prior written consent of LTOYS.
• 8.4. Unless otherwise specified, the Client is authorised to consult, download and print the documents and information available on the Website under the following conditions:
  • i. the documents may only be used for personal use, for information purposes, and in a strictly private context ;
  • ii. the documents and information may not be modified in any way whatsoever ;
  • iii. the documents and information may not be distributed outside the Website.
• 8.5. The rights that are implicitly or explicitly granted above to the Client constitute an authorisation of use and in no case an assignment of rights, property or other relating to the Website.

9. Protection of personal data

• 9.1. LTOYS acknowledges and works to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of the 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in connection with the provision of the Services and the Website.
• 9.2. To know our policy of protection of your personal data and your related rights, please read our Privacy Policy.

10. Governing Law and jurisdiction

• 10.1. These General Terms of Use are governed by and construed in accordance with Luxembourg law or with the law of the country where the customer has his/her habitual residence pursuant to the applicable rules of judicial competence.
• 10.2. In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these GTU to the Luxembourg courts or to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for costumer if different.