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Informatión general

Terms for using the public domain of the „Marbella-Deluxe.info“ Website. (GT&C-PD)

Welcome to the website of LBFO Ltd. (Company No. 7474435) (hereinafter referred to as "LBFO"), 126 Duckett St, London E1 4SY, UK.

 

General Terms

the following terms and conditions constitute a legally binding agreement between you and LBFO. By accessing, displaying and/or using this website, you certify that you have read and understood these terms and conditions, and you undertake to comply with the laws and provisions in effect. If you do not consent to these terms and conditions, you may not use this website.

The content and information displayed on this website is the property of LBFO and is collectively referred to as ("LBFO Information", "LBFO", "we", "our" or "us"). The downloading, reproduction, or retransmission of LBFO Information, other than for non-commercial individual use, is strictly prohibited.

LBFO reserves the right to modify or update these terms and conditions of use and other information contained on this website at any time without prior notice. This also applies to improvements or changes to the products, services and programs described on this website.

 

Copyright and Trademarks

Both the content and the structure of the LBFO websites are protected by copyright. Reproduction and distribution of information or data, especially the utilization of the text, fragments of text, logos, or other image material made available, is permitted only with the prior written consent of LBFO. Content from our website may not be incorporated into third-party websites without our express consent.

LBFO´s Internet sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of LBFO and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of LBFO and/or other parties is granted to or conferred upon you.

The name „Marbella-Deluxe“, the „Marbella-Deluxe“ logo and all named products of „Marbella-Deluxe.info“ are brands of LBFO. All other product and company names mentioned in these pages may be brands of their respective manufacturers.

 

Statements regarding the future and certainty

The information on this website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability. LBFO shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation affected by such inaccuracies. The information on this website may constitute future-oriented statements. These statements hold within them risks, uncertainties and other factors that could ultimately result in actual developments being considerably different than these statements. LBFOreserves the right to make changes, corrections and/or improvements to LBFO-Information, and to the products and programs described in such information, at any time without notice.

 

Links to other websites

The links in this website will let you leave LBFO'S site. The linkedsites are not under the control of LBFO and LBFO is not responsible for contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. LBFO is not responsible for webcasting or any other form of transmission received from any linked site. LBFO is providing these links to you only as a convenience, and the inclusion of anylink does not imply endorsment by LBFO of the site.

 

Queries

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized LBFO representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

 

Member account, password and security

This site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions or special services of this site ("access codes"). If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify LBFO immediately of any unauthorized use of your account or any other breach of security. LBFO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by LBFO or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LBFO INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

Communication

With respect to all communications you make to LBFO regarding LBFO Information including but not limited to feedback, questions, comments, suggestions and the like:

  1. you shall have no right of confidentiality in your communications and LBFO shall have no obligation to protect your communications from disclosure;
  2. LBFO shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and
  3. LBFO shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).

If you have questions about these Terms of Use please send an e-mail to Esta dirección electrónica esta protegida contra spambots. Es necesario activar Javascript para visualizarla .

 

As per January 2011

 

General Terms and Conditions for Using the Marketplace of the „Marbella-Deluxe.info“ Website. (GT&C-MP)

Welcome to the website of LBFO Ltd. (Company No. 7474435) (hereinafter referred to as "LBFO"), 126 Duckett St, London E1 4SY, UK.

These General Terms and Conditions shall become effective for all participants registered with LBFO as per October 13th, 2010, unless the participant objects to the new General Terms and Conditions taking effect and does so within two weeks after having received the email informing of said General Terms and Conditions. For all participants registering after September 13th, 2010, from the date of registration the General Terms and Conditions shall apply in the version that they consented to upon registration.

By clicking on the button "I have read and agree with the General Terms and Conditions of LBFO", you are stating that you agree to the application of these GT&C-MP.

These GT&C-MP regulate the contractual relationship between LBFO and the users (hereinafter referred to as "participants") of the so-called Marketplace (MP) of the LBFO website.

 

Article 1 General

1. LBFO operates databases, accessible via the Internet, in which, in the so-called Marketplace, goods and services may be advertised for sale against payment of a fee (advertisement function), and in which theses goods and services can be searched for using the search function provided by LBFO.

2. These General Terms and Conditions for Use (GT&C-MP) apply exclusively to the relationship between LBFO and the participants using the Marketplace of the databases operated by LBFO. Any terms and conditions of a participant that contradict the present General Terms and Conditions shall not be valid.

3. The General Terms and Conditions for the Public Domain (GTC-PuD) shall apply exclusively to the use of the Public Domain.

4. LBFO shall merely provide the technical requirements, in the form of databases, by which information (ads) is conveyed. LBFO shall not influence the content of the ads. In particular, LBFO is not itself the party offering the advertised goods and services.

5. LBFO is not involved in the relationship between the seller and the party interested in the purchase, or the buyer, neither in the capacity of an intermediary nor as a representative of any party.

6. Agreements that were initiated as a consequence of an advertisement being placed on LBFO shall be concluded and implemented without LBFO participating.

 

Article 2 Subject Matter of the Agreement and Scope of Services

1. LBFO's obligation is to provide an input mask for ads, to activate the advertisements placed via the input mask, and to enable the advertisements in the LBFO databases to be retrieved via the Internet for the period of time agreed upon with the participant.

2. All participants can put as many ads as they wish into LBFO's databases. The use of the services provided is based on the LBFO price list that applies to the use of the Marketplace in an ongoing contractual relationship.

3. LBFO promotes the LBFO website and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, e-mails or print media, radio or television broadcasting campaigns. LBFO also enables third parties to advertise their goods and services on the LBFO website. To this end LBFO can also provide these third parties access to the data, information and content posted on the LBFO website.

The participant grants LBFO the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content of the participant which he posts on the LBFO website online and offline in particular the rights of exhibition, reproduction and adaption.

The aforementioned licence includes in particular

  • The right to reproduce the content on any analog and digital media (e.g. CD, CD-ROM, DVD, memory cards, hard drives, video cassettes, etc.) and in any print media (e.g. periodicals, newspapers, specialized press, posters, flyers, brochures, newsletters);
  • The right to combine the content with other content (text, pictures, hyperlinks, trademarks, logos, etc.) and other advertising material and to use these combinations in accordance with this agreement;
  • The right to adapt the content or have the content adapted, especially to have the content reduced in size, increased in size, split up, shortened or,modified and to use these adaptations in acordance with this agreement;
  •  The right to use and present the content for presentations e.g. Power Point presentations, both internal and during public events (e.g. exhibitions, seminars, training courses);
  •  The right to feed the content into databases and store it there;

The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites or software applications.

The participant represents and warrants that he is the author and/or exclusive licensee and/or has otherwise the right and authority to grant to LBFO the license rights as defined above.

4. The entitlement to use the LBFO website and its functions only exists within the scope of the current state of the technology.

5. LBFO can link the use of the LBFO website or particular features of the LBFO website or the extent to which certain features and services can be used, to particular requirements, such as checking the login data, the length of the contractual relationship, the manner and scope of usage, and make them dependent on the fulfillment of certain security precautions.

6. LBFO reserves the right to temporarily restrict the possibilities of placing and retrieving ads if this is required due to capacity limits, to server security or integrity, or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the services (maintenance work). In so doing, LBFO shall take into consideration the legitimate interests of all participants, in particular by informing them prior to taking the above measures.

7. LBFO reserves the right to limit the number of data records imported daily by one and the same participant, should this be required for technical reasons, in particular for capacity reasons. This shall apply both to data transfer in the Marketplace (http), and to data transfer by means of an FTP program.

8. In particular, technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).

9. Articles 12 and 13 of the present GT&C-MP shall remain unaffected.

 

Article 3 Registering and Concluding the Contract

1. By registering and transferring the participant's data, an offer is made to conclude a contract for the use of the Marketplace in accordance with the present GT&C-MP. The participants, in the sense of the present GT&C-MP, shall be deemed to include the principle business plus individual subsidiaries, sales outlets and other sites. Each of such sites is required to register separately and LBFO shall invoice separately for each of the sites specified. A participant account is non-transferable and may not be used by different subsidiaries or sites.

2. After receiving the offer, LBFO shall decide at its own discretion whether to accept it or not. The offer shall be accepted by either a confirmation of the order being sent or by transferring the access data (username and password) for the Marketplace.

3. Only legal entities and natural persons capable of unrestrictedly entering into legal transactions may register. Minors, in particular, may not register. The person registering must be authorized to conclude such agreements on behalf of the participant.

4. The person registering is obliged to provide information that is complete and correct.

5. As part of the registration and the ongoing contractual relationship, LBFO is entitled to demand submission of an excerpt from the Commercial Register and/or Trade Register (Gewerberegister) as well as other documentation and information which seem necessary or expedient for registering the participant or for maintaining the contractual relationship.

6. If the data provided alter after registering, the participant is obliged to inform LBFO of the fact as soon as possible. The information must be provided in writing, by fax or by email.

7. The participant must keep their password secret and keep their access details safe. The participant is also obliged to notify LBFO immediately if there is evidence that their access details have been misused by some third party.

8. LBFO will not give a participant's password to any third party and will never ask the participant for the password by email or telephone.

9. The participant is strictly liable for all activities carried out using their access details. If the participant is not responsible for the misuse of their access details because they have not contravened the existing obligations to be careful, they shall not be liable.

 

Article 4 Deletion of Offers, Blocking, Termination and other Measure

1. LBFO may take the following measures if there is sufficient indication that a participant has contravened statutory provisions, the rights of third parties or the present GT&C-MP, or if LBFO has any other legitimate interest (in particular in case of default in payment):

  • Delete ads or other contents placed with LBFO
  • Delay the publication of content that has been placed with LBFO
  • Issue warnings to participants
  • Limit or restrict the use of the LBFO website
  • Impose temporary blocks on participants
  • Impose definitive blocks on participants

2. In selecting the measure, LBFO shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the contravention.

3. LBFO may delete ads if, in terms of their content or layout, the ads contravene the present GT&C-MP (in particular the provisions set out under Article 7) or statutory provisions, or if they contravene the rights of third parties.

4. LBFO may temporarily block a participant from using the LBFO website. Such a block shall entail that the participant is no longer able to log into the LBFO website, and that its ads on the LBFO website can no longer be retrieved.

5. In case of default in payment, or should an authorization for direct debit be revoked or a debit note be returned, LBFO shall be entitled to withhold its services and block the vehicle ads of the participant concerned, so that the latter's ads can no longer be retrieved from the databases.

6. LBFO may definitively suspend a participant from using the LBFO website, if the latter has repeatedly contravened the present GT&C-MP, or has done so particularly seriously, or if there is any other important reason.

7. The contractual relationship between LBFO and the participant may be properly terminated by either party to the contract within a period of two weeks to the end of the month. Notice of termination is to be provided in writing to LBFO Ltd., 126 Duckett St, London E1 4SY, UK or by email to: Esta dirección electrónica esta protegida contra spambots. Es necesario activar Javascript para visualizarla

8. Should the contractual relationships be resumed and a participant be reinstated following termination or a definitive block by LBFO due to a contravention of the GTC, default in payment or any other important reason, LBFO shall be entitled to request a reinstatement fee in accordance with the currently valid price list for the Marketplace.

 

Article 5 Rendering of Accounts, Due Date for the Remuneration and its Amount, Payment

1. The jearly participation fee shall be calculated and charged in advance by LBFO for the following year. Billing shall be only by electronic means, by sending an invoice by email. For sending an invoice on paper at the request of the participant, LBFO shall charge for the work involved, for each invoice, a fixed fee in line with the current valid price list. The total sum shown in the invoice shall be due for payment immediately.

2. The yearly participation fee shall be calculated in line with the scaled price model as set out in the current valid price list. A price scale package consists of the insertion fee and the tier price.

3. The participant has to pay LBFO additional fees for any additional services. The level of each fee shall be based on the current valid price list.

4. In case an advertisement is deleted according to Sec. 4 of this agreement due to a circumstance that the participant is responsible for, a reimbursement of the insertion fee does not take place, unless the participant can provide evidence that no damage or a significantly lower damage has occurred.

5. The settlement of the fees that a participant is to pay shall only be done using the payment methods that LBFO accepts. LBFO reserves the right to add further payment methods at any time.

6. For participants based in the Federal Republic of Germany and for participants in other countries who have a bank account in the Federal Republic of Germany, the fees that are to be paid may be collected via direct debit. The total stated in the invoice shall be collected on the 15th day of each month via direct debit.

7. If the collection of the debt fails (e.g. if a direct debit is rejected), the participant must reimburse LBFO the additional costs resulting from this where they are responsible for the failed collection.

8. For participants based outside the Federal Republic of Germany who do not hold a bank account in the Federal Republic of Germany, accounts shall be rendered via an invoice for payment in advance. The advance payment made to LBFO shall be credited to the payer's account and will then be set off against the accruing participation fee. Any transaction costs by the payment and order transactions shall be at the expense of the respective participant.

9. Within an agreed trial period, LBFO shall provide its services free of charge.

 

Article 6 Price Modifications/ Changes or Amendments to the GT&C-MP

1. LBFO shall announce any changes to its prices in due time such that the participant may end the contractual relationship, while observing the period of notice as stipulated in the contract, with effect from a date prior to that on which the modified prices take effect. Should the participant fail to exercise said right and continue to use the services of LBFO after the date on which the changed prices take effect, the price modification shall become binding for both contractual partners. Accounts shall be rendered on the basis of the modified prices.

2. LBFO reserves the right to change these GTC at any time and without providing reasons. The changed terms shall be sent in writing or by email at the latest two weeks before they come into effect. The modifications shall be deemed to have been accepted unless they have been objected to in writing within two weeks after their having been announced. The participant's attention will particularly be drawn to this outcome when the changes are announced.

 

Article 7 Requirements as to the Contents and Layout of Ads

1. The participant undertakes to only place his offer in the section provided for that type of offer.

The following ads in particular shall not be permitted, advertisements that:

  • contains pornographic content;
  • constitutes an inadmissible offering;
  • constitutes an offering which impairs young people's development;
  • contains propaganda material or characteristics of unconstitutional organisations;
  • contains representations inciting hatred and violence against specific groups or glorifying violence;
  • incites racial hatred, glorifies war or promotes a terrorist organisation;
  • invites people to break the law;
  • contains insulting and/or defamatory remarks and/or representations;
  • is contrary to fair competition;
  • contains illegal content of some other kind, or is generally suited to damaging the reputation of LBFO or an affiliate of LBFO.

2. The participant undertakes to provide complete and correct information with regard to his offer, the legal relationships concerning the offer as well as with regard to the remaining content of the ad. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the "Revise” function.

3. The participant must be able, during the period the ad runs, to immediately conclude with a potential buyer a legally valid purchase contract for the advertised goods and to hand over and transfer ownership of the goods at the availability time or the delivery time specified.

4. The ads can be illustrated with photos. The participant undertakes to only upload photos to LBFO's database that they are permitted to use without restrictions and that are not encumbered by any third party rights and in particular third party copyrights. The photos used may not be misleading and must reflect the actual condition of the advertised goods. If the participant uses catalogue images, they must make this clear.

5. Where LBFO provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for goods that qualify for them. Other symbols of trustworthiness may only be used if so authorised by LBFO.

6. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act and of the German Telecommunications Services Act (Telemediengesetz) (obligation to provide the publisher's information).

7. The participant is obliged to provide correct and truthful prices. In so doing, the participant should particularly comply with the regulations of the Pricing Ordinance . Retail prices are to be stated which must in particular include value added tax and other pricing components. Ads with prices that are clearly incorrect or misleading are not permitted.

8. It is generally not permitted to include links to external websites and external sources of information in an ad. Links in this sense also refer to email addresses and non-activated web addresses (URLs) and parts thereof.

9. Specifying premium service telephone numbers, which, when dialed, result in higher telephone charges for callers, is not permitted.

 

Article 8 Responsibility for the Contents of Ads

1. The participant alone shall be responsible for the contents of the ads. LBFO shall review the ads neither for correctness nor completeness. LBFO shall not be liable for the correctness and completeness of ads.

2. When a participant uses the interface to put their entire inventory or individual ads, onto the LBFO website, they are obliged to verify that the data sent is complete and correct. Given the differing technical specifications of different file formats, LBFO accepts no liability for the data being complete and free of errors.

3. LBFO provides no guarantee that the ads comply with statutory provisions and accepts no liability for the ads complying with statutory provisions.

4. LBFO in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of LBFO ads are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.

 

Article 9 Indemnification

The participant shall release LBFO from any and all claims asserted by third parties against LBFO because their rights are being violated by the participant's ad or by any other use of the LBFO website by the participant. The participant shall also hereby assume the necessary costs incurred by defending the rights of LBFO, including any and all legal and court fees. This shall not apply if and to the extent that the participant is not responsible for the violation of rights.

 

Article 10 Database Updates, Deletion of Advertisements, Administration, Backup

1. In order to make the search as fruitful and successful as possible, LBFO strives to keep its data current. Therefore participants should delete ads as soon as the goods on offer has been sold or is no longer available for other reasons.

2. Every participant is obliged to keep the goods advertised on LBFO updated and to regularly administer its ads in the Marketplace within a period of 2 weeks. Should a participant fail to perform such administration within said period of time, LBFO reserves the right to deactivate the participant's ads due to lack of updating, so that the ads can no longer be retrieved from the database and can no longer be viewed using the search mask in the Public Domain. The ads shall automatically be reactivated when the participant administers them.

 

Article 11 Manipulating the Search and Destroying System Integrity

1. Participants may only use the search screens provided by LBFO to search for goods in the LBFO databases. Bypassing the search screens, in particular by using searchware that accesses the LBFO databases, is not permitted. Non-compliance will be prosecuted, for instance, under civil law under the aspect of interference with an established and operating business, and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided r in the Copyright Law.

2. Activities aimed at rendering the LBFO website dysfunctional or complicating its use are prohibited. The participant may not take any actions that may result in an unreasonable or excessive strain being placed on the LBFO infrastructure. Participants shall not be permitted to block, overwrite or modify contents generated by LBFO, or in any other way to create a disturbance by interfering with the LBFO website.

3. Participants shall not be permitted to falsify or manipulate the results of the search on the LBFO website by making incorrect or misleading inputs, by placing ads in an incorrect category, by technical activities or by any other misuse of the functionalities of the LBFO website.

 

Article 12 Warranty

1. The contractual obligations of LBFO shall have been performed if the ads can be placed in the databases on a yearly average of 95 % and can be retrieved from said databases in the same percentage.

2. In cases of force majeure, LBFO shall be released from its obligation to perform. Force majeure shall be deemed to refer to all unforeseeable events, and to such events for the effects of which on the fulfilment of the agreement neither of the parties is responsible. Such events shall include in particular legitimate labour disputes, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators (Leitungsgeber), other technical malfunctions, including when such circumstances occur in the area of subcontractors, sub-suppliers or their subcontractors, or operators of subnodal data processors (Subknotenrechner) authorised by the supplier. No entitlements shall result for participants for any failures for which LBFO is not responsible.

 

Article 13 Limitation of Liability

1. Except if essential contractual obligations are violated, LBFO shall only be liable for damages vis-à-vis companies if and to the extent that LBFO, its legal representatives, senior managers or other persons employed by LBFO in the performance of its obligations are culpable of having acted intentionally or with gross negligence Should essential contractual obligations be violated, LBFO shall be liable for any culpable conduct of its legal representatives, senior managers or other persons employed by LBFO in the performance of its obligations.

2. Vis-à-vis consumers, LBFO shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of LBFO being responsible for it being impossible to perform contractual obligations, however, LBFO shall be liable for any culpable conduct of its legal representatives, senior managers or other persons employed by LBFO in the performance of its obligations.

3. With the exception of intentional or grossly negligent conduct of legal representatives, senior managers or other persons employed by LBFO in the performance of its obligations, the liability of LBFO shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.

4. There shall only be a liability for the compensation of indirect damage, in particular for lost profits, in the case of intentional or grossly negligent conduct of legal representatives, senior managers or other persons employed by LBFO in the performance of its obligations.

5. The exclusions and limitations of liability referred to above vis-à-vis entrepreneurs or consumers shall not apply in the case of specific guarantees having been made by LBFO, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.

 

Article 14 Copyright and Usage Rights

Any and all data, information, company logos, texts, programs and images of advertisements placed on the LBFO website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.

 

Article 15 Place of Performance, Applicability of British Law, Jurisdiction

1. This usage agreement, including these GT&C-MP, shall, in its application and interpretation, be subject exclusively to the laws of the England. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.

2. The place of performance shall be London. London shall be agreed upon as place of jurisdiction for any and all claims arising from or due to the use of the databases of LBFO, to the extent this concerns a merchant within the meaning of the British Commercial Code. The same shall apply if the participant has transferred their residence abroad following the conclusion of the agreement, or does not have any general place of jurisdiction in England.

 

Article 16 Exercise of rights by third party, transfer of contract

1. LBFO may make use of other companies affiliated to LBFO when performing the rights and obligations under the user agreement

2. LBFO has the right to fully or partially transfer the contract to a third party with a notification period of four weeks. In this case a participant may terminate the contract.

 

Article 17 Severability Clause

The ineffectiveness of individual provisions of the present GT&C-MP shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.

 

As per January 2011

 

In this section, "Marbella-Deluxe.info" offers an overview of the current Terms and Conditions in use: The Terms and Conditions of the Public Domain for private users, the Terms and Conditions of the Professional Domain for dealers (Marketplace) and the Terms and Conditions for Ad Sales (Online-Marketing).

 

Terms of Use: Public Domain

"Marbella-Deluxe.info" Terms of Use for using the website

 

General Terms and Conditions: Marketplace

"Marbella-Deluxe.info" General Terms and Conditions for Using the Business Directrory or the Marketplace of the "Marbella-Deluxe.info" Website

 

General Terms and Conditions: Online-Marketing

"Marbella-Deluxe.info" General Terms and Conditions - Online-Marketing

 

INFORMACIÓN IMPORTANTE

Toda información que nos facilite tiene carácter voluntario y será tratada con arreglo a la Política sobre Tratamiento de Datos Personales. Y tiene, además, como finalidad la constitución de un fichero de datos de carácter personal, propiedad de Marbella-Deluxe.info (MD), con el fin de realizar futuras acciones promocionales y comerciales para la venta, alquiler, financiación, seguros de automóviles y cualquier otro producto o servicio relacionados con la automoción. El responsable del tratamiento del fichero lo será la citada compañía.

Si no está de acuerdo, sentimos no poder procesar las solicitudes que realice dentro de esta página web. Si está de acuerdo, debe saber que, o bien utilizaremos sus datos SÓLO para procesar la solicitud que ha realizado, o que MD podrá hacer uso de ellos para posteriores contactos o promociones (siempre sujetos a la política de privacidad que se muestra abajo).

 

POLÍTICA DE PRIVACIDAD

MD respeta la privacidad de cada individuo que visita sus páginas web y cualquier información recogida sobre usted será utilizada, en primer lugar, para ofrecerie cualquier servicio que requiera y, en segundo lugar, para mejorar la manera en que la empresa le ofrece sus servicios. Para ello, haremos un uso apropiado de la información.

Esta información no se revelará a ninguna persona ajena a MD, ni a sus empresas afilidas o associadas, concesionarios, agencias ni compañias de cualquiera de estas empresas, asi como a ninguna otra compañia con la que MD tenga directa o indirectamente contratados servicios de los que sea beneficario. Dicha informatión será tratada de acuerdo con las disposiciones legales concernientes a la protección de datos y puede almacenarse y procesarse inicialmente dentro o fuera de la Unión Europea, en cualquier lugar del mundo. Si utilizará únicamente en relación con la comercialización de los productos y servicios de MD, y siempre con referencia a dichos productos y servicos.

Vd. tiene derecho como individuo a acceder a la informatión que de sus datos personales obre en nuestro poder, asi como a la rectificación de los mismos y a solicitarnos que no hagamos uso de dicha informatión. En este sentido, haremos todo lo posible por respetar su voluntad. Sin embargo, esta circunstancia puede verse impedida por la aplicación de ciertas legislaciones, especialmente en materia de seguridad o normativa financiera.

 

COOKIES

MD utiliza cookies para poder conocer las preferencias de los visitantes y así poder optimizar la presentación de las páginas web. Las cookies son pequeños archivos que se almacenan temporalmente en su disco duro. La información contenida en las cookies facilita la navegación y hace posible que el usuario alcance un alto grado de satisfacción al visitar una página web. Asimismo, las cookies nos ayudan a identificar las secciones más populares de nuestra oferta en Internet. De esta forma podemos adaptar a sus necesidades los contenidos de nuestra página web de un modo más preciso y, por tanto, mejorar nuestras ofertas para usted. Las cookies también resultan útiles a la hora de averiguar si ya se ha producido previamente una comunicación entre su ordenador y nuestra página. Se identifica únicamente el cookie en su ordenador. Los datos relacionados con su persona sólo se almacenarán en forma de cookies si usted lo permite (por ejemplo, para simplificar el acceso a un sitio protegido en Internet, de tal forma que usted no deba introducir su ID de usuario y su contraseña cada vez que entra.)

Naturalmente, también puede visitar nuestra página web sin cookies. La mayoría de los browsers aceptan cookies de forma automática. Usted podrá evitar el almacenamiento de cookies en su disco duro mediante la elección en su configuración del browser del comando *No aceptar cookies*. Podrá obtener información más detallada de las instrucciones de su fabricante de browsers. Puede eliminar las cookies que ya estén almacenadas en su ordenador en cualquier momento. El hecho de no aceptar cookies podrá suponer una limitación de las funciones de nuestras ofertas.

 

contact_1mam

Gracias por su consulta. Nuestro departamento se pondrá en contacto con Usted a la mayor brevedad posible.
Le agradecemos su confianza depositada en nosotros.

 

Le deseamos un buen día,

El equipo de Marbella-Deluxe.info

 

 General Terms and Conditions for Online Marketing of the „Marbella-Deluxe.info“ Website. (GT&C-OM)

 

1. Subject matter and scope

1.1 These General Terms and Conditions (GT&Cs) are valid for all commercial relationships between LBFO Ltd. (Company No. 7474435), 126 Duckett St, London E1 4SY, UK (hereinafter referred to as LBFO) and advertising clients and advertising agencies (hereinafter referred to as the Client).

LBFO operates the following online Internet market places:

(including all related websites hereinafter referred to as the LBFO Website(s)).

Within the framework of these commercial relationships, LBFO shall provide clients with services in connection with the publication of online advertising material of all kinds (hereinafter referred to as online advertising). These General Terms and Conditions (GT&Cs) shall apply for placements of the Client's advertising material on the LBFO-websites, on other websites operated by LBFO now or in the future and in the email newsletter available to the users of these LBFO-Websites (hereinafter referred to as advertising space). The ad placements shall be agreed upon in the respective individual contracts between LBFO and the Client.

LBFO shall also be entitled to conclude contracts even with competitors of the Clients or advertising agencies at any time, also on the subject of online advertising.

1.2 General terms and conditions of the Client or other third parties shall have no validity, even if LBFOdoes not object to them expressly in individual cases.

 

2. Conclusion of contract

2.1 A contract between LBFO and the Client on the rendering of services in the online advertising segment shall come into being when LBFO accepts a written offer submitted by the Client on the basis of a proposal, always non-binding, from LBFO. The declaration of acceptance need not reach the Client. The specific individual contract in question shall contain the respective scope of performance and the contractual terms as harmonised with the circumstances of each individual case. If the provisions of an individual contract diverge from those of these GT&Cs, the provisions of the individual contract shall take precedence.

2.2 If the Client is an advertising agency, LBFO shall conclude the contract with it only if the advertising client for whom the agency is placing the ad with LBFO is specified by name. The same shall apply if the Client wants to conclude the contract with LBFO via an advertising intermediary not acting in his/her own name. In all cases, LBFO shall be entitled to demand from the advertising intermediary proof of his/her being instructed to carry out the transaction.

2.3 In the event of LBFO rejecting an offer from a client to conclude a contract concerning online advertising, LBFO shall notify the respective client of this without undue delay.

 

3. Duties of the Client

3.1 The Client must check the legality of the information, data, files, content and other material (hereinafter referred to as advertising material), including links to advertising material on other websites and shall assume sole responsibility for the legality of the advertising material made available for publication.

3.2 The Client shall be obliged to design and structure the advertising material in such a way that it does not infringe legal provisions, official prohibitions or public morality. In particular, the Client shall not deliver advertising material which

  • contains pornographic content;

  • constitutes an inadmissible offering;

  • constitutes an offering which impairs young people's development;

  • contains propaganda material or characteristics of unconstitutional organisations;

  • contains representations inciting hatred and violence against specific groups or glorifying violence;

  • incites racial hatred, glorifies war or promotes a terrorist organisation;

  • invites people to break the law;

  • contains insulting and/or defamatory remarks and/or representations;

  • is contrary to fair competition;

  • contains illegal content of some other kind, or is generally suited to damaging the reputation of LBFO or an affiliate of LBFO.

3.3 The Client shall ensure that the above are complied with and gives his assurance that the advertising material that it delivers is free of any third party rights which present an obstacle to use as defined by the contract and of any other third party rights, in particular trademark rights, patent rights or copyright. This refers particularly to the Client's being entitled to the rights of use (Item 7) to the advertising material supplied and intended for publication in accordance with this contract for the intended type of realisation.

3.4 The Client shall ensure that the above is complied with and gives his assurance that he is entitled to use any links to other content that may be integrated into his advertising material.

3.5 The Client undertakes to supply the advertising material necessary for the online advertising at his own expense up until such time as is agreed in the individual contract or – should no time be agreed in the individual contract – until no later than five working days before the agreed publication date, and in complete and perfect condition and in accordance with the contractual agreements. The Client undertakes to ensure that the advertising material is suitable for the agreed purposes, in particular for the screen presentation in the appropriate environment and that it is of the type and size agreed in the individual contract. The advertising must correspond to the technical specifications for DoubleClick DART that are relevant in each case. The Client can receive these from LBFO on request. Insofar as links are contained in the advertising material provided, the Client must indicate the respective target addresses (URL) of the links in advance. If the Client does not comply with the agreed date and the online advertising can be published only with a delay or not at all, this shall not impair LBFO's claim to the full payment of the agreed remuneration. In cases where it is no longer possible to publish the online advertising, LBFO must take into account amounts which it saves as a result of its exemption from performance or which it acquires or culpably fails to acquire as a result of the alternative use of the freed resources.

3.6 Each of the parties shall specify to the other party an employee of its own as the contact person for all questions that arise in connection with the rendering of the online advertising.

3.7 The Client is obliged to perform effective maintenance of the URLs he has specified to which the online advertising is intended to be linked for the duration of the online advertising placement period. He shall ensure that the Internet pages and documents to which links are provided can be accessed in accordance with the state of the art for the duration of the online advertising placement period. If one of the parties discovers a fault in the linking of the online advertising, it shall inform the other party of this without undue delay. LBFO can suspend the placement of the online advertising for the duration of the linking fault if this fault was caused by the Client.

3.8 If the Client performs his cooperation duties either only partly or not at all, LBFO's obligation to render those services that can be rendered either not at all or only at unreasonable additional expense without the fulfilment of the Client's cooperation duties shall be suspended for the duration of the Client's non-performance. Any additional expense resulting from the Client's non-performance of his cooperation duties must be paid by the Client in accordance with the prices agreed in the contract in question, or, if no prices are stipulated there, on a time basis in accordance with the general LBFO rates applicable at the time when the expense was incurred. Outlays must be reimbursed. In any event, any legal rights of LBFO to cancel or rescind the contract shall remain unaffected.

 

4. Services rendered by LBFO

4.1 LBFO undertakes, subject to these GT&Cs, to place the advertising material made available and specified for publication by the Client under the individual contract in question for the contractually agreed period in the advertising space that is determined in the individual contract. LBFO shall be entitled to edit the advertising material with regard to its format, size and technical properties insofar as LBFO regards this as necessary to present the advertising material on the LBFO Website and reasonable for the Client in consideration of LBFO’s interests. If LBFO regards it as necessary to edit the content of the advertising material (e.g. due to the illegality of some or all content), LBFO shall obtain the Client's consent to this course of action. Any delays in the rendering of LBFO’s services that result from this shall be the responsibility of the Client.

4.2 The placement of the online advertising shall be made only for the period agreed in the individual contract and/or until the maximum number of ad impressions (Internet users' visual contact with the online advertising), page impressions (retrievals of the Internet page on which the online advertising is placed) or ad clicks (Internet users' clicks on the online advertising) specified in that contract has been reached.

4.3 Insofar as LBFO has assured the Client that it will deliver a particular number of ad impressions, page impressions or ad clicks within a particular period for an item of online advertising and the number thus assured was not delivered in full during this period, LBFO shall be entitled, but not obliged, to carry on placing the online advertising in question and subsequently deliver the still missing number of ad impressions, page impressions or ad clicks. The deadlines for such delayed deliveries shall be coordinated with the Client taking the legitimate interests of both parties into account.
If the agreed number is not delivered subsequently within the period allowed for delayed delivery, the Client shall be entitled to reduce the remuneration proportionally for the ad impressions, page impressions and ad clicks that were not delivered.

4.4 The Client, notwithstanding any divergent agreement contained in the individual contract in question, shall have no claim to a placement of the advertising material in a particular part of the advertising space.

4.5 Insofar as the advertising material determined and handed over for publication by the Client is not clearly recognisable as advertising, LBFO shall be entitled to identify the material as advertising, and in particular to label it with the word "Advertisement" or similar indications and/or to separate it spatially from any editorial content also on hand in order to make clear its advertising character.

4.6 LBFO shall not be obliged to hand over the advertising material delivered for the realisation of the online advertising to the customer upon termination of the online advertising or to retain it.

4.7 LBFO shall not be obliged to create graphics or advertising copy for the Client. Insofar as LBFO renders services of this kind on the basis of an individual agreement in the respective individual contract, these services must be remunerated separately on the basis of the hourly rates agreed in the individual contract or, if no such agreements exist, on the basis of LBFO's currently valid hourly rates.

4.8 LBFO shall be entitled to postpone or cancel altogether an agreed date for the publication of an item of online advertising if a service within whose scope the publication is supposed to take place is not offered on the agreed date or if technical circumstances prevent publication on the agreed date, provided that LBFO were not responsible for such obstacles arising. If it is possible to postpone the placement until a later date, LBFO shall give due consideration to the Client's interests of which it is aware as far as is reasonable and possible.

 

5. Rejection or discontinuation of online advertising

5.1 LBFO shall be entitled to either wholly or partly reject advertising material submitted by the Client for publication if such material contains illegal or immoral content as defined by Item 3.2 or infringes the rights of third parties as defined by Item 3.3.

5.2 Item 5.1 shall also apply if the advertising material is not supplied to LBFO by the Client for the purpose of placement on the LBFO Website by LBFO, but is instead made available by the Client on a different ad server chosen by the Client and is integrated into the the LBFO Website only via a link. The Client may not alter or replace such advertising material without the prior consent of LBFO.

5.3 LBFO shall also be entitled, under the preconditions in Item 5.1, to remove either temporarily or permanently, either wholly or partly, advertising material already published, or in the case of Item 5.2 to disable the relevant link. This shall also apply if the Client subsequently alters advertising material that has already been published and the prerequisites in Item 5.1 have been satisfied.

5.4 If there is reasonable suspicion that the advertising material provided by the Client has illegal content as defined by Item 3.2 or infringes third party rights as defined by Item 3.3, LBFO shall be entitled to reject the online advertising or discontinue its publication until a statement has been made by the Client and the matter has been cleared up, or until the Client succeeds in dispelling the suspicion. A reasonable suspicion in this sense shall apply in particular when such a suspicion has been induced by official proceedings or by a criminal investigation or when there are comprehensible grounds for believing that such proceedings will soon be initiated. The same shall also apply if LBFO is requested by a third party to refrain from any further placement of the online advertising because it is illegal or immoral or infringes third party rights, provided that the third party's claim is not clearly, and for LBFO recognisably, unfounded. LBFO shall notify the Client of the rejection or blocking of the online advertising without undue delay and specify the reasons for this course of action.

5.5 Items 5.1 - 5.3 shall apply analogously if the advertising material provided and intended for publication by the Client contains links to illegal or immoral content as defined by Item 3.2 or to content that infringes third party rights as defined by Item 3.3.

5.6 LBFO also reserves the right to reject particular forms of online advertising on grounds of its content, its origins or its technical quality on the basis of uniform, factually justified principles if their placement is unreasonable for LBFO or to its affiliates.

5.7 There shall be no obligation for LBFO to check the advertising material or the links referred to by the advertising material, including the content of those links. Any checks carried out by LBFO shall not release the Client from his responsibility for the advertising material and/or the links referred to by the advertising material, including the content of those links.

 

6. Remuneration, settlement, taxes

6.1 The remuneration to be paid by the Client for LBFO's services shall ensue from the individual contract between LBFO and the Client that is agreed in each case.

6.2 Insofar as the remuneration is calculated on the basis of TCP (thousand contact price, calculated per 1000 page impressions or ad impressions) or per ad click (cost per click = CPC), LBFO shall inform the Client on request about the relevant number of ad impressions, page impressions or ad clicks and the click rate (= ratio of ad clicks to ad impressions or page impressions) for those LBFO Websites or newsletters on which the Client's online advertising is placed.

6.3 The sole authoritative factor for the counting of the quantity of ad impressions, page impressions or ad clicks delivered to the advertising client, as well as the click rate, shall be LBFO’s reporting activities (recorded by LBFO’s ad server). If the advertising client has counted divergent quantities of ad impressions, page impressions, ad clicks or click rates with its own ad server, these shall not be taken into account. This shall not apply if the counts by the Client and LBFO demonstrably differ by more than 10%. In such cases the parties shall come to an agreement on the counted quantity that is authoritative for the contractual relationship.

  1. If the relevant specialist departments are unable to agree within fifteen days on the definitive quantity counted, they shall refer the dispute to the parties' respective management bodies.

  2. If the parties' management bodies are unable to agree within a further fifteen days on the definitive quantity counted, the parties shall have recourse to an arbitration board to resolve the dispute in accordance with its arbitration rules as amended at the time the arbitration proceedings were initiated.

  3. The limitation of the right of action arising from the commercial situation being dealt with by arbitration shall be suspended from time of the arbitration request until the end of the conciliation proceedings.

  4. If one of the parties is dissatisfied with the arbitration decision made by the arbitration board, it can reject the arbitration board and assert its claims before a court.

6.4 Unless otherwise agreed in an individual contract, LBFO shall charge the agreed remuneration for the services rendered after the online advertising in question has come to an end. If the term of the online advertising is longer than one month or a monthly remuneration has been agreed, LBFO can charge the agreed remuneration at the end of the respective month. The agreed sum shall be payable on issue of the invoice and must be transferred without deductions to an account to be specified by LBFO within 14 (fourteen) days. If the Client fails to pay by the due date, the Client shall pay any dunning and processing costs incurred. In other respects, the legal provisions on default shall apply.

6.5 The Client may set off its own claims against claims by LBFO only if such claims have been recognised by declaratory judgment or are recognized.

6.6 LBFO reserves the right to grant individual clients a discount in writing when a particular booking volume has been reached.

  1. If the discount is granted on the basis of a booking volume to be achieved per month, the discount shall be included in the monthly invoice in question and granted for the entire monthly booking volume.
  2. If the Client is granted a discount in the event of its achieving a particular booking volume for a period longer than one month (e.g. one year), the Client, on achievement of the booking volume in question, shall receive the discount solely for the booking volume which exceeds the agreed limit.
  3. If the Client, in derogation of Item 6.6 (b), is granted a discount by LBFO at the time of the first ad booking on the basis that the Client, within a defined period, reaches a booking volume liable to an aggregate discount, the Client undertakes to pay back the amount saved via the discount if it proves unable to generate the originally agreed booking volume by the end of the agreed period.

6.7 LBFO shall not grant the discount arrangement specified above in the case of ad placement collectives. Ad placement collectives shall be held to apply when various companies operate together under a single advertising client's name or a single advertising agency when booking services from LBFO. This provision shall also apply if the different companies all belong to the same group. If the existence of an ad placement collective does not become known until LBFO has already granted a discount, LBFO can demand the repayment of the discount that had erroneously been granted.

6.8 All agreed prices are strictly net and must be paid plus the statutory rate of VAT to LBFO.

 

7. Granting rights of use

7.1 The Client hereby grants LBFO and the affiliates of LBFO, for the purposes of this contract and limited to the contractual term agreed in the respective individual contract, the non-exclusive, non-transferable, worldwide right, including the right to grant sublicenses to affiliates of LBFO, to integrate the advertising material handed over to LBFO within the scope of the online advertising activities into the LBFO Website(s) and newsletters agreed on an individual contractual basis, to present and publish it there and to make it accessible and transmit it to the general public and closed user groups via fixed and mobile communications networks in places and at times of their choice for the purpose of simultaneous or successive use – also readily retrievable – and to reproduce the advertising material for the above purposes. The above granting of rights shall also encompass, in particular, the right to use the advertising material:

  1. within the scope of telecommunications, tele- and media services, (e.g. online services, electronic push-and-pull services such as email, SMS, MMS);
  2. in each case including all digital and analogue transmission and retrieval technologies, particularly via cable, radio, fixed and mobile satellite networks and microwaves using all methods (in particular GSM, GPRS, UMTS, WAN, LAN, WLAN, broadband, etc.);
  3. utilising all protocols and languages (in particular TCP-IP, IP, HTTP, WAP, HTML, c-HTML, XML etc.);
  4. including reproduction, downloading and storing on any receiver equipment such as, in particular, stationary and mobile computers, television sets, set-top boxes, (hard-disk) video recorders, mobile phones and personal digital assistants (PDAs);
    and including
  5. the right to edit the advertising material in accordance with the provisions of this contract and to use these edited versions in accordance with this Item 7 and
  6. the database right, in particular the right to record the relinquished advertising material and edited versions of that material in machine-readable form and store it electronically in an inhouse database, even if this does not serve the database operator's own use.

7.2 The above granting of rights also refers, in particular, to existing copyrights and ancillary copyrights applicable to the advertising material, privilege as to one's own image, rights to bear names and titles, trademark rights and other identification rights.

 

8. Indemnity against claims by third parties

Insofar as third parties, including organs of the state (e.g. prosecuting authorities), assert claims against LBFO and/or affiliates of LBFO on grounds of an infringement (a) of industrial property rights (e.g. patent or trademark rights), copyright or other rights (e.g. privilege as to one's own image) or (b) legal provisions (e.g. criminal law, youth protection law, unfair competition law) as a result of the use in conformity with the contract of the advertising material provided and intended for publishing in the online advertising campaign by the Client and/or as a result of the content of the Internet pages and documents to which this advertising material was linked in accordance with the URLs specified by the Client, the Client undertakes to exempt LBFO and/or the affiliate of LBFO fully from these claims (in the amount of the ordered fine or pecuniary penalty ordered in the case of infringement of public regulations) and from the reasonable costs of a legal dispute and legal defence (including costs of legal advice and representation). LBFO and/or the affiliate of LBFO undertakes not to acknowledge third party claims of this kind without the Client's consent and not to reach any settlement on the matter in question with the third party. The Client, however, may refuse his consent only for good cause. This obligation to exempt shall not apply if the Client was not responsible for the infringement as per items (a) or (b). The limitations on liability in Item 10 shall not apply for this obligation to exempt. Any compensation claims asserted on grounds of loss or damage going beyond this shall remain unaffected by the above.

 

9. Warranty / Force majeure

9.1 LBFO shall make the LBFO Websites available for the online advertising in accordance with the current state of the art.

9.2 LBFO shall restrict the availability of the LBFO Websites temporarily if this is required in respect of capacity limits, the security or integrity of the servers or in order to carry out technical measures, and if this serves the proper or improved rendering of the services (maintenance work). In such cases, LBFO shall take account of the Client's legitimate interests, e.g. by providing advance information.

9.3 All of the services offered on the Internet can be impaired by, in particular, technical circumstances, failures of productivity and/or connections, hardware and software defects and the influence of third parties whose actions cannot be attributed to LBFO (e.g. as a result of viruses or services attacks). The parties are agreed that breakdowns and/or faults in the rendering of services caused by such occurrences for which LBFO were not responsible shall not constitute any rights for the Client.

9.4 Each of the two parties shall be released from its obligations to perform if the rendering of their performance temporarily becomes impossible on grounds of force majeure. Force majeure shall be regarded as all events which, even with the utmost care that can reasonably be expected, could not be foreseen and averted by the party prevented from rendering the performances in question, e.g. war, civil disorders, natural disasters, fire, sabotage by third parties, and strikes in areas for whose smooth functioning the affected party is not responsible. The release from obligations to perform shall apply only for the duration of the hindrance. If it is no longer possible for LBFO to render the services at a later date when the hindrance has ceased to apply (e.g. because the booked placements have then been booked by another client), or if the hindrance through force majeure lasts longer than fourteen days, each of the two parties shall be entitled to cancel the individual contract in question without notice or withdraw from it for good cause.

9.5 The Client shall be obliged to check the online advertising without undue delay after its publication and to notify LBFO in writing of any discernible errors without undue delay but no later than one week after publication. If the Client fails to provide notification in this way, the online advertising shall be regarded as approved in accordance with the contract, unless the error was not discernible at the time of the check. If an error in the online advertising becomes apparent at a later date, the Client must give notification of it without undue delay upon its discovery, otherwise the online advertising shall be deemed approved even in consideration of this error.

 

10. Liability

10.1 The parties shall be liable vis-à-vis one another for loss or damage in accordance with the relevant legal provisions, except in the case of violations of material contractual duties, only if and insofar as the parties, their legal representatives, senior employees or other vicarious agents are guilty of intent or gross negligence. If material contractual duties are violated, the parties shall be held liable for all culpable behaviour by the parties, their legal representatives, senior employees or other vicarious agents. Contractual duties are considered Material contractual duties if their performance is essential for the proper fulfilment of the contract, if the partner may reasonably rely on their fulfilment and if their breach endangers the attainment of the purpose of the agreement.

10.2 Except in the case of intent or gross negligence by the parties, their legal representatives, senior employees or other vicarious agents, the liability of the parties as regards the amount shall be limited to the loss or damage typically incurred in transactions of this kind that could be foreseen when the contract was concluded.

10.3 Except in the case of intent or gross negligence by the parties, their legal representatives, senior employees or other vicarious agents, the liability of the parties for indirect loss or damage, particularly lost profits, shall for each damaging event be restricted to the amount of remuneration that the Client was obliged to pay LBFO for online advertising during the last six months preceding the damaging event.

10.4 The exclusions of liability and restrictions specified above shall not apply if the parties assume explicit guarantees; in the event of fraudulent concealment of defects; for damage arising from loss of life, bodily injury or damage to health; or if other mandatory legal provisions apply.

 

11. Confidentiality

11.1 The parties undertake to treat as strictly confidential during the term of this contract and for three years after its termination all information received from the other party about its affairs and all information that comes to their attention relating to the other party in connection with the implementation of this agreement, particularly customer and product data, technical data such as computer programs and interfaces, and financial data such as the other party's sales figures, margins and purchasing terms ("confidential information"), to use it only for the purpose of implementing this contract and not to make it accessible to third parties. The content of this agreement, too, must be treated confidentially. Each of the parties is obliged to consult the other party if any doubts emerge as to whether a specific piece of information is to be treated confidentially. With regard to the secrecy of confidential information, the receiving party shall exercise the same care and use the same safeguards that it uses to protect its own confidential information of the same kind and at least the level of care as is usual in the ordinary course of business. In doing so it shall, in particular, take adequate steps to protect confidential information against unauthorised disclosure, reproduction and use.

11.2 This obligation to observe confidentiality shall not apply to information (a) which was demonstrably already known to the receiving party when it was disclosed or (b) was already generally obvious at this time, or to information (c) for which the receiving party proves that it has received this information from a third party without any obligation to observe confidentiality after this contract was concluded, on condition that this third party for its part did not infringe an obligation to the disclosing party to observe confidentiality by passing on the information, (d) in respect of which the receiving party proves that this information became generally obvious through no fault of the party in question after the contract was concluded or (e) must be disclosed on grounds of mandatory legal provisions, a non-appealable court judgment or an official order. LBFO shall be entitled to forward the Client's confidential information to affiliate of LBFO for the purpose of implementing this contract.

11.3 The parties shall not publish any press information, press releases, interviews or other public statements in respect of the planned cooperation, or make them available to third parties, without the prior written (also via email) consent of the other party. Each party may exercise its complete discretion in granting such consent.

 

12. Limitation

All claims of the Client against LBFO which arise from this contractual relationship with LBFO shall become statutebarred after one year, starting with the end of the year in which the claim first arose and the Client became aware of the circumstances that justify the claim or must have become aware of them without gross negligence. This shall not apply in the case of any liability of LBFO on grounds of intent.

 

13. Miscellaneous

13.1 All agreements reached at the time of the contract being concluded or thereafter which diverge from the provisions of these GT&Cs, as well as the cancellation of individual contracts that were concluded, must be made in writing to be effective. This shall also apply to an annulment or waiver of the written form requirement. The parties are agreed that signed declarations sent by fax shall also satisfy the written form requirement. In particular, all individual contracts can also be sent by fax to LBFO. Unless otherwise agreed, all other notifications within the scope of the implementation of this contract can be sent by email (to the email addresses specified to each other by the parties for these purposes). Verbal agreements and communication by telephone, on the other hand, shall not be sufficient.

13.2 The Client shall be entitled to assign claims from its contractual relationship with LBFO only after receiving prior written consent from LBFO.

13.3 The Client hereby declares its agreement that LBFO can at any time transfer its rights and obligations arising from this contract either wholly (assumption of contract) or partly to a company affiliated to LBFO. If the Client's legitimate interests are impaired by such a transfer, the Client can cancel this contract without notice as of the date when the transfer comes into effect.

 

14. Applicability of british law, place of jurisdiction

14.1 These GT&Cs, together with all the individual contracts concluded between LBFO and the Client, shall be governed solely by the law of England to the exclusion of the UN Sales Convention (Vienna, 1980).

14.2 The sole place of jurisdiction – insofar as the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in England – shall be London.


15. Severability clause

Should one or more provisions of this contract be or become invalid or ineffective, this shall not impair the effectiveness of the remaining provisions. The parties shall enter good faith negotiations with the objective of replacing an ineffective provision of this kind with an effective provision which corresponds to what the parties would have agreed upon, in terms of the contractual purpose, if they had been aware of the ineffectiveness of this provision when the contract was being concluded. The same shall apply to any gaps or loopholes in the provisions.

As per January 2011

 

La web Marbella-Deluxe.info (MD) está gestionada por LBFO Ltd. Número de registro en Inglaterra: 7474435. Domicilio social: 126 Duckett St, London E1 4SY, Inglaterra.

MD ha hecho todo lo posible por garantizar la precisión de la información que figura en este portal

 

PROPIEDAD INTELECTUAL

Todos los derechos, incluidos los de propiedad intelectual (copyright) y derecho de base de datos, tanto de la web como de su contenido, son propiedad de MD, disponen de licencia para su utilización o se utilizan de acuerdo con la ley aplicable o el propietario de los derechos de propiedad intelectual. Queda prohibida la copia, reproducción, nueva publicación, descarga, envío, emisión pública o transmisión de todos los textos, imágenes, gráficos, logotipos, botones, iconos, imágenes y la selección y colocación de los mismos y de todo código fuente y software subyacente, con fines comerciales o públicos, sin consentimiento previo por escrito de MD o del propietario de los derechos de propiedad intelectual.

No es posible adaptar, modificar ni crear ninguno de los materiales o informaciones que recoge este sitio web ni usarlos con otro fin que no sea el estrictamente personal y no comercial. Usted acuerda usar esta página web sólo con fines lícitos. MD se reserva el derecho de usar con sus propios fines cualquier material enviado al sitio, incluidos textos e imágenes, tanto de ésta como de cualquier otra forma, incluidos fines públicos.

MD se reserva el derecho de controlar el material que aparece en la web y de editar o rechazar cualquier material enviado.

 

DESCARGO DE RESPONSABILIDAD

Intentamos garantizar que la información que aparece en nuestra página sea precisa, completa y actualizada. Sin embargo, al usar esta página web, se compromete a aceptar los Términos y condiciones, que entran en vigor a partir del primer día que accede al mismo.

Sin perjuicio de sus derechos legales, el sitio y toda la información, texto, nombres, imágenes, fotos, logotipos, enlaces e iconos, así como otros materiales (sin limitación), se entregan 'TAL CUAL', 'TAL COMO ESTÁN DISPONIBLES', sin garantía ni aval de representación, expreso ni implícito. La información, las especificaciones y los colores de los productos presentados en esta página web pueden variar de un mercado a otro y están sujetos a cambios sin previo aviso. Algunos productos se muestran con equipamiento opcional. Pregunte al fabricante para consultar la disponibilidad. En particular, no garantizamos ni representamos la precisión o la totalidad de la información que se facilita en esta web, ni garantizamos que su uso esté libre de interrupciones o errores, ni que la web y los servidores no tengan virus ni errores.

En ningún caso se podrá responsabilizar a MD ante nadie por daños o pérdidas que puedan producirse por el uso de cualquier información contenida o producto que aparezca en esta web, incluidos, sin limitaciones, daños indirectos o consecuentes o cualquier otro tipo de daño que se derive del uso o pérdida de uso, datos o beneficios, en el ejercicio del contrato, acción por negligencia o acto de mala fe, derivados de, provenientes o relacionadas con el uso del sitio web. Independientemente de las demás especificaciones de estos Términos y condiciones, no seremos responsables por ninguna reclamación relacionada con el funcionamiento o la disponibilidad de esta página web.

 

MARCAS COMERCIALES

Todos los nombres, imágenes, logotipos que identifican a MD son marcas pertenecientes a MD. Todas las marcas, productos, servicios y nombres de empresas de terceros contenidos en esta web son marcas comerciales, marcas de servicios y nombres comerciales de sus respectivos dueños. MD no concede permiso de utilización a nadie salvo a sus titulares. Cualquier uso de este tipo podría constituir una infracción de los derechos de los titulares.

 

ENLACES EXTERNOS

MD no representa, garantiza, avala ni tiene responsabilidad sobre ninguna página web externa a la que pueda o donde pueda haber un vínculo desde esta web. Cualquier página web externa que visite haciendo clic en un vínculo de esta página web queda fuera del control de MD y accede a ella bajo su propia responsabilidad.

 

DESCARGO DE RESPONSABILIDAD DEL SOFTWARE

Las descargas de software que se realicen desde esta web se han analizado y probado en todas las etapas de producción. Sin embargo, al igual que con cualquier software nuevo, recomendamos que ejecute un antivirus antes de su uso. Asimismo, le recomendamos que disponga de una copia de seguridad actualizada de su disco duro antes de usar el software. MD no puede aceptar responsabilidad alguna por interrupciones, daños y/o pérdidas de datos o de su sistema informático que puedan producirse como resultado de la utilización del software. Consulte con el administrador de red antes de instalar cualquier software en un ordenador conectado a la red.

 

JURISDICCIÓN

Estos Términos y condiciones se deben regir e interpretar de conformidad con las leyes de Inglaterra y Gales. Las controversias que puedan surgir serán competencia exclusiva de la jurisdicción de los tribunales de Inglaterra y Gales. Si cualquiera de estos términos resultase ilegal, no válido o se anulara de cualquier otro modo por la legislación de un estado o país donde se vayan a aplicar estos términos, deberán excluirse y borrarse de esta cláusula. Todos los demás términos de uso así como los Términos y condiciones permanecerán plenamente vigentes y seguirán siendo vinculantes y de obligado cumplimiento. MD se reserva el derecho de modificar cualquiera de estos Términos y condiciones en cualquier momento, mediante la publicación en línea de las modificaciones.

Si no acepta estos términos en su totalidad, debe dejar de usar esta página web inmediatamente.

 

Copyright © 2010 LBFO Ltd.

   


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