1. General Points
The web site www.lcto.lu is edited and managed by the Luxembourg City Tourist Office a.s.b.l., in short “LCTO”, 30 Place Guillaume II, L-1648 Luxembourg. The LCTO is owner of the domain name “lcto.lu”.
Site: the Internet site of the LCTO accessible at the Internet address www.lcto.lu.
User: any natural person or legal entity who or which accesses the content of the Site.
3. Scope of application
The present General Conditions shall be applicable to all the services offered online by the Site.
4. Licence to access the Site
The LCTO grants the User a licence limited to accessing and using the Site for personal purposes. In no case shall the User be authorised to download all or part of the Site without express written authorisation from the LCTO.
The Site or any part of the Site must in no case be reproduced, copied, sold or exploited without express written authorisation from the LCTO.
By accessing the Site, and by that alone, the User accepts the user licence defined by the present General Conditions, from the LCTO, editor of the Site.
5. Availability of the Site
In principle, access to the Site shall be possible 24 hours a day, 7 days a week. However, the LCTO reserves the right to interrupt access at any time for technical or other reasons, without being held liable in any way.
6. Intellectual Property
6.1 General principles
In accordance with provisions in this regard, the various elements of the Site such as texts, images, logos, comments and databases shall remain the property of their authors and/or owners for the legal period of protection and for the entire world.
The user licence granted to the User shall only contain the right to reproduce works consulted for storage for the purposes of representation on a monopost screen and copies or reproductions strictly reserved for the private use of the User and not intended for collective use. This licence in no case permits the User to use the Site or its content for sale or for any other commercial use (listed products, descriptions, prices, use of data, software, graphics, images, texts, photographs, tools. etc).
The User must not use techniques permitting copying of a brand, logo or any other information (in particular images, texts, models) of which the LCTO is the owner without its express written authorisation. The User must not use meta-tags or any other “hidden” text containing the name of the LCTO or the LCTO brand without express written authorisation from the LCTO. Any non-authorised use shall terminate the licence which the LCTO has granted to the User, without prejudice to any liability action against the User.
Authorisation shall be given, subject to the name of the author and the source being clearly indicated, to analyses and short citations justified by the critical, polemic, pedagogic, scientific or informative nature of the work in which they are incorporated.
Beyond those exceptions, any reproduction, even partial, any representation, dissemination, sale or exploitation in any form whatsoever, electronic or otherwise, shall be strictly forbidden without the prior consent of the author or their beneficiaries and shall constitute an act of counterfeit resulting in the civil and criminal liability of the creator of the counterfeit.
6.2 Graphic chart
The graphic chart of the Site and the elements of which it is composed are the property of the LCTO.
The database indexing the content of the Site is the property of the LCTO. Consultation and use of the database shall in no way result in the transmission of rights of ownership of the database to the User.
In accordance with Article 67 of the amended Law of 18 April 2001 on copyright, ancillary rights and databases, it is recalled that “the extraction or reuse of all or a substantial part, assessed qualitatively or quantitatively, of the content of a database [without the consent of the producer]” shall be forbidden, as well as “the repeated and systematic extraction or reuse of non-substantial parts of the content of a database, which would be contrary to the normal exploitation of that database or which might cause unjustified prejudice to the legitimate interests of the producer of the database”.
The texts present on the Site are the property of their respective authors.
Photographs downloadable from the Site are the property of the LCTO. They may be downloaded by the User for their personal use. Photographs may in no case be reproduced, copied, sold or exploited for other purposes without express written authorisation from the LCTO which, in that authorisation, shall set the conditions for use of such photographs.
Maps available on the Site, whether free of charge or otherwise, shall remain the exclusive property of their respective authors. The User shall only be authorised to download and print those maps for their strictly private use and solely for the purposes provided by the Site (for example a guided tour, orientation and so on). Any use of maps contrary to the present licence shall expose the User to an action for damages.
7. Hypertext links
Any hypertext link to the site http://www.lcto.lu/ shall be subject prior authorisation from the LCTO.
Any possible authorisation on the part of the LCTO shall always be on a non-exclusive and revocable basis and shall be subject to the condition that such link cannot create a deceitful, false or pejorative image, or one which might otherwise prejudice the LCTO, either for the LCTO, or for any of the products or services of the LCTO. In no case may the creation of such a hypertext link engage the liability of the LCTO, on any basis whatsoever, with regard to the content of the User’s site.
8. Data protection
The operation of the Site as well as the various services offered may result in the processing of personal data, including IP addresses for Users, as well as the names, forenames, details and professional qualifications of the different Users. In accordance with the amended Law of 2 August 2002 relating to the protection of personal data, any person shall be entitled to access, amend, rectify and delete their personal data.
These rights may be exercised by letter to the address of the LCTO given above, or by email to the address “email@example.com”.
9. General Conditions of Sale in the E-shop
The present General Conditions of Sale shall apply exclusively between the LCTO and any User making a purchase via the Site. The General Conditions of Sale may be subject to amendment, and the applicable conditions shall be those in force on the Site on the date the order is placed.
9.2 Conditions for placing an order
The User shall declare that they are over 18 years of age and have the legal capacity or have parental consent enabling them to place an order on the Site. Any order placed on the Site must correspond to normal domestic needs.
After placing the order, the LCTO shall send a confirmation e-mail to the User. The LCTO shall inform the User when the articles have been dispatched.
9.4 Price, availability and delivery
The prices posted on the Site shall be expressed in euros and include all Luxembourg taxes (Luxembourg VAT and other applicable taxes), without participation in the costs of order processing, packaging and transport.
The LCTO shall accept orders from Users within the limit of available stocks. The LCTO shall inform Users of the availability of articles sold on the Site. If articles are unavailable, the LCTO shall inform the User by e-mail as soon as possible and the order shall be cancelled automatically.
After the User’s payment card has been debited, their order shall be dispatched.
9.5 Customs duties
Any order placed on the Site and delivered outside Luxembourg may be subject to taxes and customs duties which may be imposed when the package reaches its destination. Those possible customs duties and taxes associated with the delivery of an article shall be borne by the User and shall be solely the latter’s responsibility. The LCTO shall not be obliged to check or to inform the User of applicable customs duties or taxes.
Settlement shall be exclusively made by payment card. Cards issued by banks domiciled outside Luxembourg must be international bank cards. The order shall be dispatched after the payment card has been debited.
The User shall be entitled to retract for a period of seven (7) days as provided by the amended Law of 14 August 2000 relating to electronic trade, and to return articles to the LCTO without having to give reasons.
9.8 Returns of defective or non-conforming articles
If the User receives a defective article and if the defect is not associated with the transport or if the User receives an article which does not conform to their order, until the thirtieth day after delivery of the order the User may opt to have the article replaced or reimbursed.
In the event of reimbursement, the LCTO shall reimburse the total invoiced price as well as the costs of the return. In the event of replacement, the LCTO shall reimburse the costs of return (standard mode).
If the LCTO agrees to replace a defective or non-conforming article, the User must return that article to the LCTO within thirty (30) days following the date on which the LCTO agrees to make a replacement. If the User does not fulfil their obligation to return the defective or non-conforming article within the said time limit of thirty (30) days, the LCTO reserves the right to debit the User’s bank card used for the order with an amount equivalent to the price (to which VAT shall be added) of the defective or non-conforming article which the User has not returned to the LCTO. In such a case, a second sale shall be considered as having been made under a suspensive condition by the LCTO. That suspensive condition shall be met if on expiry of the time limit of thirty (30) days following the date on which the LCTO sent the User a replacement article, the defective or non-conforming article has not been returned to the LCTO.
9.9 Transfer of ownership
Ordered articles shall remain the property of the LCTO until their dispatch on delivery to the transporter, once the User has paid the price.
9.10 Guarantees and liability
The LCTO declines any liability in the case where the delivered article does not respect the legislation of the country of delivery other than Luxembourg.
The LCTO may not be held liable in the case of delay or default in delivery due to an interruption of stocks.
In the event of non-substantial differences between the photographs of articles on the Site, texts and illustrations and the ordered articles, the LCTO may not be held liable.
In no event may the LCTO be held liable for any indirect damage or that which was foreseeable at the time of use of the Site or conclusion of the contract of sale between the User and the LCTO.
11. Applicable Law and competent jurisdiction
The present General Conditions shall be governed by Luxembourg Law. Any disputes shall be within the competence of Luxembourg jurisdictions.