General Terms and Conditions

TABLE OF CONTENTS

INTRODUCTION

1. BOOKING OF PRODUCTS

2. CONCLUSION OF THE CONTRACT

2.1. Primacy of the documentation

2.2. Terms and conditions for placing and validating the order

2.2.1. Customer's order

2.2.2. Formation of the contract

3. PURCHASE ORDER AND INVOICE

4. PAYMENT

5. UNAVAILABILITY OF GOODS

6. RIGHT OF WITHDRAWAL AND MODIFICATION OF PRODUCTS

7. INFORMATION ON PRODUCTS AND THEIR PRICES

8. DELIVERY

8.1. Delivery time

8.2. Delivery and collection procedures

8.3. Errors of delivery and conformity

9. TRANSFER OF RISK

10. PRODUCTS’ GUARANTEES

11. LIMITATION OF LIABILITY

12. RIGHT OF WITHDRAWAL

13. INTELLECTUAL PROPERTY RIGHTS

14. FORCE MAJEURE

15. NON WAIVER

16. SEVERABILITY

17. NOTICES

18. INDEPENDENCE OF THE PROVISIONS OF THE GTCS

19. DATA PROTECTION

20. GOVERNING LAW AND COMPETENT JURISDICTION

21. CONTACT 

INTRODUCTION

These general terms and conditions of sale (hereinafter referred to as "GTCS") govern the legal relationship between Alois Auer S.à r.l (hereinafter the “Company”), incorporated in Luxembourg and whose registered office is at 7 rue Robert Stümper, L-2557 Luxembourg, Grand-Duchy of Luxembourg, registered on the Luxembourg Trade and Companies Register under the number B260661, and the customer (hereinafter the "Customer" or “Customers” and together with the Company the “Parties” and individually the “Party”) in relation to any purchase made through the online shop website accessible at the following address: www.lito.io, (hereinafter the "Website").

The Company is the founder of an innovative service allowing the digitization and reproduction of paintings. The 3D printings of the paintings from the museums are sold on the Website (hereinafter “Product” or “Products”).

The Company urges the Customer to read these GTCS, the Website Terms of Use, the Cookies Policy and the Privacy Policy (hereinafter, the last two documents jointly, the “Data Protection Policies”) carefully before using this Website. When the Customer uses this Website or places an order on it, the Customer is aware that he/she is bound by these GTCS, the Website Terms of Use, and the Data Protection Policies, so if the Customer does not agree with all of the GTCS, our Website Terms of Use and with the Data Protection Policies, the Customer must not use this Website. The Customer acknowledges that he/she has the full legal capacity to enter into the present GTCS.

The Company reserves the right to modify these GTCS at any time and to notify it to the Customer by e-mail.

The GTCS may be executed, at the option of the Customer, in any of the languages in which the GTCS are available on this Website.

1. BOOKING OF PRODUCTS

Customers have the opportunity to book the Products provided on the Website www.lito.io.

The online shop set up by the Company mentions the following information:

  • the identification of the name of the Company;

  • the presentation of the essential characteristics of the Products offered;

  • the indication, in Euros or Pounds Sterling of the price of the Products, as well as, where applicable, the delivery costs;

  • the indication of the terms of payment, delivery or performance;

  • the existence of a right of withdrawal;

All this information is presented in the language of the Website selected by the Customer, which is in English.

2. CONCLUSION OF THE CONTRACT

2.1. Primacy of the documentation

The contractual documents binding on the Parties shall consist of these GTCS and the purchase order. In the event of a conflict between their respective provisions, the provisions of the GTCS shall take precedence over those of the purchase order.

2.2. Terms and conditions for placing and validating the order

The provisions contained in the GTCS do not in themselves constitute an offer to sell or an invitation to deal.

2.2.1. Customer's order

Purchases placed in full by the Customer via the online shop accessible on the Website are carried out on the following stages:

  • the Customer visits the Website;

  • the Customer fills his/her basket of Products;

  • the Customer creates his/her account or registers if he/she has already created an account;

  • the Customer fills in the information concerning his/her delivery details;

  • the Customer is informed about the delivery method and the amount of the delivery costs;

  • the Customer chooses his/her payment method;

  • the Customer validates the GTCS and the order. By clicking on the "Yes, I Confirm my order" button at the end of the order process, the Customer irrevocably declares that he/she accepts the order placed, accepts the resulting obligation to pay, the related delivery costs and the full and unreserved GTCS applicable to this order. The Customer's "double click" when validating the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature;

  • the Customer is redirected to the secure payment platform and makes his payment request according to the payment security tools; and

  • finally, the Customer receives an e-mail from the Company validating the order.

2.2.2. Formation of the contract

The purchase validation email sent by the Company forms the sales contract between the Parties in accordance with the provisions of the GTCS.

The information provided by the Customer as well as the GTCS forming the contract will be recalled in the purchase validation e-mail sent by the Company. The accuracy of this information, in particular the delivery address, is the sole responsibility of the Customer. The Customer is also responsible for keeping the order validation e-mail sent by the Company which constitutes a copy of the sales contract.

The Customer may access his/her order at any time by logging onto the Website and accessing the "My Account/Consult my orders" tab.

The GTCS can be consulted from any page of the Website.

By using the Website and placing an order, the Customer agrees:

  • to use the Website only to place legal and valid orders;

  • not to place any false or fraudulent orders. If such an order can reasonably be considered to have been placed, the Company reserves the right to cancel the order and to inform any relevant authorities;

  • to provide the Company with a correct and accurate email address, postal address and/or any other information. The Customer also agrees that his/her details may be used by the Company to contact him/her if necessary.

3. PURCHASE ORDER AND INVOICE

Once a purchase has been made, a purchase order shall be issued, sent to the Customer by email by the Company and accessible via his/her personal area. Once a purchase has been fulfilled by the Customer, an invoice will be issued by the Company. This invoice shall be sent by email to the Customer and will be accessible via his/her personal area.

4. PAYMENT

A purchase is considered confirmed once payment has been made by the Customer. The Customer payment for purchase is processed via the Website of a third party specialising in online payment.

The payment of the totality of the price must be made at the time of the order. At no time may the sums paid be considered as a deposit.

The Client guarantees the Company that it has the necessary authorisations to use the method of payment it has chosen when validating the order form.

The Company reserves the right to suspend all order processing and deliveries in the event of non-payment, but also in the event of refusal of authorisation of payment by the officially accredited organisations. Similarly, the Company reserves the right to refuse to make a delivery or to honour an order from a Client who has failed to pay for a previous order in full or in part, or if proceedings concerning a previous dispute are being administered.

5. UNAVAILABILITY OF GOODS

In the event of unavailability of an ordered Product, the Customer will be informed as soon as possible by the Company by email.

In this case, the Company reserves the right to split the order by delivering the available Products and to provide the unavailable Product when it becomes available.

6. RIGHT OF WITHDRAWAL AND MODIFICATION OF PRODUCTS

The Company reserves the right to withdraw a Product from its Website at any time or to withdraw or modify the content relating to a Product.

The Company is not responsible for the possible withdrawal or modification of Products by its suppliers.

7. INFORMATION ON PRODUCTS AND THEIR PRICES

The Client is informed by the Company through its Website of all the necessary characteristics of the Products it offers for sale in order to comply with the Luxembourg Consumer Code, which provides for an obligation to inform the Client before the conclusion of the contract.

The Company also provides on its Website a precise indication of the price of Products. The prices are expressed in Euros, exclusive of tax and VAT and do not take into account the delivery costs which are invoiced in addition and indicated before the validation of the order. Any internet costs are excluded and remain the responsibility of the Customer. The price of the Products stipulated on the order form corresponds to the rates in force on the Website at the time the order is placed.

8. DELIVERY

8.1. Delivery time

The maximum delivery time is thirty (30) working days from the conclusion of the contract, i.e. the sending of the order validation email by the Company, unless a specific stipulation is indicated to the Client before the order is placed as well as prior to its final validation. In this case, the Company will specify an indicative delivery date.

Any delays in delivery may not under any circumstances lead to penalties or compensation of any kind being payable by the Company.

8.2. Delivery and collection procedures

Delivery is understood to mean the handing over of the Products at the address indicated by the Customer when placing the order. As soon as the order is dispatched, the Company will send an information e-mail to the Client.

8.3. Errors of delivery and conformity

  • The Client must submit to the Company, at the latest on the three (3) day following delivery, any claim relating to the error of delivery and/or the conformity of the Products, in kind or in quality, in relation to the indications on the order form.

  • This complaint to the Company may be made by means of the complaint form accessible under the contact menu on the Website, clearly specifying the order reference.

  • Upon receipt of the complaint, the Company will assign an exchange number for the Product(s) concerned, which it will then send by e-mail, fax or telephone to the Client. The exchange of a Product can only take place after the Client has been given an exchange number in accordance with the above procedure.

  • In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to Aloys GmBH, Bobletten 36, 6850 Dornbirn, Austria, in its entirety by Colissimo Recommandé or equivalent. To be accepted, any return should be reported in advance to the Company's Customer Service Department at the following address contact@lito.io

9. TRANSFER OF RISK

The risk of loss of or damage to the Product passes to the Customer at the moment when the Customer takes physical possession of the Product. The Customer or the designated third party takes physical possession upon delivery as defined in article 8.

10. PRODUCTS’ GUARANTEES

In accordance with Luxembourg Consumer Code, the provisions of these GTCS shall not deprive the Customer of the legal guarantee, which obliges the professional seller to guarantee the Customer against all the consequences of the lack of conformity of the Product related to the contract, as well as the guarantee of the latent defects under the conditions provided for in Luxembourg Civil Code.

There are also commercial warranties which are the following ones: the conditions and duration of the commercial guarantee are indicated on the Product sheet on the Website. Please note that the contractual commercial guarantees do not cover the use of the withdrawal period; abnormal or non-compliant use of the Products; defects and their consequences linked to any external cause (shock, lightning, temperature fluctuation, etc.). In the event that the malfunction is due to one of the above-mentioned elements not covered by the commercial guarantee, the Company shall be entitled to ask the Client for transport and labour costs according to the conditions in force at the time of its intervention.

The return costs related to the application of the legal and/or commercial guarantee and the shipping costs after repair or exchange are at the Company's expense, in other situations, the return costs are at the Customer’s expense.

After the Company has accepted the warranty request, by e-mail, the Client must carefully pack the Product and has to send the Product to the address of the Company.

11. LIMITATION OF LIABILITY

Unless otherwise indicated expressly in these GTCS, our liability regarding any Product acquired on the Website shall be limited strictly to the price of purchase of said Product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:

  • in case of death or personal harm caused by our negligence;

  • in case of fraud or fraudulent deceit; or

  • in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the paragraph above, and to the extent legally allowed, and unless these GTCS indicate otherwise, the Company shall not accept any liability for the following losses, regardless of their origin:

  • loss of income or sales;

  • loss of business;

  • loss of profits or contracts;

  • loss of forecast savings;

  • loss of data; and

  • loss of management time or office hours.

Due to the possibility of errors in storage and transmission of digital information, the Company does not guarantee the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly.

All Product descriptions, information and materials shown on this Website are provided "as is", with no express or implied guarantees on the same, except those legally established. In this sense, the Company is obliged to deliver Products that are in conformity with the GTCS. It is understood that the Products are in conformity with the GTCS if they: (i) comply with the description given by the Company on the Website, (ii) are fit for the purposes for which Products of the kind are normally used and (iii) show the quality and performance which are normal in Products of the same type and can which can reasonably be expected.

12. RIGHT OF WITHDRAWAL

The Customer has the right to withdraw from the contract without giving any reason within fourteen (14) calendar days. The withdrawal period expires fourteen (14) days after the day on which the Customer, takes physical possession of the Products.

To exercise the right of withdrawal, the Client must notify the Company either by post to the following address 7 rue Robert Stümper, L-2557 Luxembourg, Grand-Duchy of Luxembourg, or by e-mail to the following address: contact@lito.io its decision to withdraw by means of an unambiguous statement. The Customer may also use the form provided at the end of these GTCS on Annex.

In order for the withdrawal period to be respected, it is sufficient for the Customer to send his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period, specifying the desire to return the Product under his/her right of withdrawal, indicating the nature of the Product, the date of order and of receipt. The Customer may also attach his/her invoice or order form.

In the event that the right of withdrawal is exercised, the Client will be reimbursed for all payments made to the Company, including delivery costs (with the exception of additional costs arising from the fact that the Client has chosen a different delivery method, if applicable), (with the exception of any additional costs arising from the fact that the Client has chosen a delivery method other than the cheaper standard delivery method offered by the Company) and with the exception of the direct costs of returning the goods, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Company is informed of the Client's decision to withdraw from the contract. The Company will make the refund using the same means of payment that the Client used for the initial transaction, unless the Client expressly agrees to a different means. In any case, this refund will not entail any costs for the Client. The Company may defer the refund until it has the Product in its possession or the Client has provided proof of shipment, whichever comes first.

The Client must return the Products to the Company without undue delay and, in any event, no later than fourteen (14) days after the Client has communicated his decision to withdraw from the contract. This period shall be deemed to have been observed if the Client returns the Product before the expiry of the period. The Customer shall bear the direct costs of returning the Product. The Product must be returned by registered post or equivalent.

In the event of the exercise of the right of withdrawal, the Customer has the choice of requesting either a refund of the sums paid or an exchange of the Product. In the case of an exchange, the return will be at the Customer's expense. The Product must be returned properly protected, in its original packaging, in perfect condition for resale (not damaged or soiled), accompanied by any accessories and the instructions for use and documentation. The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product. For this purpose, the Customer shall only handle and inspect the Product in a manner that would also be permitted in a shop.

The use of the Customer's right of withdrawal is subject to the provisions of Luxembourg Consumer Code.

Please note that custom-made Products made to the Customer's specifications or clearly personalised are not subject to the right of withdrawal and may not be taken back or exchanged.

13. INTELLECTUAL PROPERTY RIGHTS

The Customer recognises and agrees that all copyrights, registered trademarks and other intellectual property rights to the Products materials or contents provided as part of the Website belong to the Company at all times or to those who grant license to the Company for their use. The Customer may use said material only to the extent that the Company or the usage licensors authorise it expressly. This does not prevent the Customer from using this Website to the extent necessary to copy the information on your order details.

14. FORCE MAJEURE

Neither Party hereto will be responsible for any failure or delay in the performance of all or any part of this Agreement caused by acts of God and nature, intervention of government, war or threat of war, conditions similar to war, acts of terrorism, sanctions, blockades, embargoes, strikes, lockouts or other similar causes or circumstances which cannot reasonably be prevented by the Party whose performance is delayed. However, the Party hereto so affected shall promptly give written notice to the other Party hereto whenever such contingency or other act becomes reasonably foreseeable, and shall use commercially reasonable efforts to overcome the effects of the contingency as promptly as possible, and shall promptly give written notice to such other Party of the cessation of such contingency. Neither Party hereto, however, shall be required to resolve a strike, lockout or other labour problem in a manner which it alone in its sole discretion does not deem reasonably proper and advisable.

In case of epidemic or pandemic or cyber incident, the Party hereto so affected shall promptly give written notice to the other Party hereto whenever such contingency or other act becomes reasonably foreseeable, and shall use commercially reasonable efforts to overcome the effects of the contingency as promptly as possible, and shall promptly give written notice to such other Party of the cessation of such contingency.

Non-performance by a Party hereto due to an event listed in this Section above for a period of thirty (30) or more consecutive calendar days, shall entitle the other Party hereto, in addition to any other rights and remedies it may have hereunder or by law, to terminate this Agreement upon written notice to the non-performing Party.

15. NON WAIVER

The GTCS set forth the entire understanding of the Parties hereto and constitutes the entire agreement between the Parties hereto with respect to the matters contained herein, and supersedes all prior oral or written representations, proposals, correspondence, discussions, negotiations and agreements. No failure or delay by a Party in exercising any right, power or remedy hereunder shall operate as a waiver thereof or prejudice any other or further exercise by such a Party of any of its rights, power or remedy under the GTCS.

16. SEVERABILITY

If any provision of the GTCS is deemed invalid and unenforceable by any court of competent jurisdiction or under any statute, regulation, ordinance, executive agreement or other rule of law, such provision shall be modified, but only to the extent necessary to comply with such ruling, statute, regulation, ordinance, agreement or rule, and the remaining provisions of this Agreement shall remain in full force and effect.

17. NOTICES

All notices, requests, demands, and other communications hereunder shall be deemed to have been duly given and made if in writing and if delivered by registered mail, return receipt requested, or upon signed acknowledgement or receipt, to address set forth at the beginning of the contract, or such other address as may be designated in writing.

18. INDEPENDENCE OF THE PROVISIONS OF THE GTCS

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

19. DATA PROTECTION

Please refer to the privacy policy https://www.lito.io/privacy-policy The information requested from the Client is necessary for the processing of the order and may be communicated to the Company's contractual partners involved in the execution of the order.

20. GOVERNING LAW AND COMPETENT JURISDICTION

The present GTCS are governed by and shall be construed in accordance with the laws of the Grand-Duchy of Luxembourg and the exclusive jurisdiction of the courts of the Luxembourg City (Grand-Duchy of Luxembourg) regarding any action or proceeding arising out of or relating to the GTCS, and the Company and the Customer hereto hereby irrevocably agree that all claims in respect of any such action or proceeding may be heard and determined in either such court.

21. CONTACT

If you have any questions or concerns regarding the Company’s GTCS or in relation to a purchase, please feel free to contact us directly on the contact form on the Website or at:

Alois Auer S.à r.l Address: 7 rue Robert Stümper, L-2557 Luxembourg, Grand-Duchy of Luxembourg Email: contact@lito.io

ANNEX — Form of withdrawal (Please complete and return this form only if you wish to withdraw from the contract)

For the attention of Alois Auer S.à.r.l, 7 rue Robert Stümper, L-2557 Luxembourg, Grand-Duchy of Luxembourg Email: contact@lito.io

  • I hereby notify you of my (Reference of Purchase) withdrawal from the contract for the sale of the following products (Name of the Product(s))

  • Ordered on (DATE)/received on (DATE)

  • Name of customer(s):

  • Address of customer(s):

  • Signature of customer(s) (only if this form is notified on paper)

  • Date: