1. Applicability
These general terms and conditions of BG LTD and Capitols Cigars , Malta (hereinafter referred to as “Capitols Cigars“) govern the use of the online platforms operated by Capitols Cigars which are Capitols Cigars, (hereinafter designated together the “market places”) as well as the products and services offered via the market places. The general conditions apply in particular to all contractual agreements concluded with Capitols Cigars. Anyone who has entered into a contractual commitment with Capitols Cigars is designated below as a customer.
2. Entry into force, right of revocation, termination by Capitols Cigars
Capitols Cigars has the right at any time to deactivate a customer’s user account without giving reasons or to terminate an agreement previously concluded within 14 days of its conclusion, without giving reasons and without compensation.
If the customer uses the marketplaces and / or the products or services offered on the marketplaces in a manner which is contrary to the contract, which is illegal or which contravenes public decency or if the customer has generated complaints by transmitting to Capitols Cigars data of insufficient quality, such as data relating to the advertisement, Capitols Cigars is entitled to immediately withdraw from the agreement without compensation and to cease offering its services without prior notice to the customer and without having to indemnify it and deactivate the customer’s user account; in either case, any price paid in advance for a certain contractual period falls to Capitols Cigars and the customer cannot claim any refund. Any claim from Capitols Cigars remains reserved.
3. Use of marketplaces with or without registration
The marketplaces can be used with or without registration. However, the use of certain products and services requires registration. Only people aged 16 and over can register on Capitols Cigars. Capitols Cigars reserves the right to restrict registration to certain countries.
Capitols Cigars considers as client the one who uses the user identification and password, regardless of whether this person actually has the right of access. The person who registers is responsible for the proper use of the user identification and password.
4. Price and payment terms
Unless expressly agreed otherwise, prices are calculated according to the current Capitols Cigars price list. Capitols Cigars reserves the right to adapt prices at any time to changes in the market and / or prices. Unless expressly agreed otherwise, prices are net in Euros, VAT included.
Depending on the product or service of Capitols Cigars, early settlement according to the payment terms offered by Capitols Cigars is necessary; except in this case, the payment period is ten days from the date of invoicing, unless there is a different payment period in accordance with a separate agreement or a corresponding mention on the invoice. In the absence of payment within the payment period, the customer automatically falls into default. Capitols Cigars may also refuse to perform its service and terminate the agreement immediately and without compensation, without having to give prior notice. In addition if, during the duration of the contract, the payment does not intervene within the fixed deadline, Capitols Cigars is entitled to block the access of the customer to his user account. Payment of all overdue invoices will result in the blocking being lifted. In this case, the customer cannot claim an extension of the duration of the contract in proportion to the duration of the blocking. At the end of the payment period, the legal default interest is due. Reminder costs of EUROS 50.00 per reminder are payable in addition. The customer also bears the damage suffered by Capitols Cigars due to the delay in payment and / or the termination of the agreement.
5. Prohibition to reuse information
The commercial use of information and content is reserved for customers. Apart from that, customers do not acquire any rights to the content or information made available on the marketplaces. Any infraction will be subject to civil and criminal sanctions.
Customers expressly undertake not to use, in any way or in any form whatsoever, the information or content made available on marketplaces outside of it. Customers shall in particular refrain from copying, publishing or otherwise reproducing (eg on the Internet) the data accessible on the marketplaces, or from linking it to other data.
6. Intellectual property rights
All rights to the information, elements and contents of market places, in particular the copyrights, brands and designations which these contain, are the property of Capitols Cigars or third parties to which Capitols Cigars has granted corresponding rights of use.
Insofar as the use in accordance with the contract of the market places presupposes the granting of rights of use to customers linked to copyrights, brands and / or know-how belonging to Capitols Cigars, these are granted by Capitols Cigars in a non-exclusive, non-transferable manner and to the extent necessary for the duration of the corresponding agreement. The rights of use granted to the customer are personal and non-transferable. If the customer agrees with Capitols Cigars to use the service of a partner (see figure 14), this paragraph also applies, by analogy, to these services.
The content, data, texts, videos, pieces of music, graphics and other content that the customer transmits to Capitols Cigars for publication on a marketplace (hereinafter together referred to as “announcement data”) must not infringe any law, in particular no third party rights such as personality protection rights and intellectual property rights. The customer can only transmit to Capitols Cigars data relating to the advertisement which he himself has created or which the rights holder has authorized to use.
No address (postal or electronic), no telephone number or car license plate should be visible on the photos used in the advertisements. The photos on which appear people whose face is easily recognizable can only be used with the agreement of the corresponding people.
All documents relating to the object, photos and templates produced by Capitols Cigars on the customer’s order are the property of the customer as soon as the latter has fully paid the corresponding invoice to Capitols Cigars.
7. Operation and development of market places
The operation and management of the market places are carried out by Capitols Cigars. Capitols Cigars has the right to call on third parties to perform the services it has undertaken to provide. Capitols Cigars strives to manage marketplaces by avoiding disturbances as much as possible. It also endeavors to limit the duration of interruptions intended to repair disturbances, maintenance work, the introduction of new technologies and other similar activities, without however being able to exclude them entirely. Technical development is left to the sole discretion of Capitols Cigars.
Partner services (see figure 14) are operated and managed by the partners concerned. Technical development is at their discretion.
8. Publication of announcements
By transmitting data relating to the advertisement to Capitols Cigars or to a partner of the latter (cf. figure 14), the customer authorizes Capitols Cigars to insert the corresponding advertisement on the marketplaces as well as on other Capitols Cigars channels. online and offline (e.g. at trade shows) and on online and offline channels of Capitols Cigars partners. However, there is no right to publish advertisements as part of these services.
Capitols Cigars has the right, at any time, to interrupt, modify or completely stop publishing advertisements, for any reason whatsoever and without compensation. Likewise, Capitols Cigars reserves the right to use the data relating to the advertisement for other purposes, whether for itself or for partners, for example in order to carry out statistics, or to publish them d ‘another way, and for this purpose to save and process them.
The customer declares to expressly accept the direct or indirect transmission of the data relating to the advertisement necessary for the use of the services of partners (cf. figure 14) as well as the recording of this data in the database or databases of the partners and their use by them. Capitols Cigars cannot guarantee the confidentiality, the unfalsifiable character and the authenticity of the data of the customer relating to the advertisement which are published by the partners.
9. Data protection
Data processing (in particular personal data) is carried out in accordance with the data protection provisions.
10. Customer rights and obligations
The customer agrees to use the marketplaces and the partner services that they include (see figure 14) in accordance with the law and the contract. The customer ensures in particular:
- that it will transmit all the data relating to the announcement communicated to Capitols Cigars or to partners in the form and quality required by Capitols Cigars, according to the rules for the insertion of the corresponding market places;
- that he is authorized to transmit directly or indirectly through third parties all of the data relating to the advertisement made available to Capitols Cigars or partners and that he is authorized to use it within the framework of contractual agreements with Capitols Cigars ;
- that the data relating to the advertisement transmitted to Capitols Cigars or to partners is complete, true, is not misleading or unfair, and that it continuously updates it;
- that the products or services which it offers are described in a correct and faithful to the truth, effectively present the characteristics described and do not infringe laws in force or rights of third parties (in particular intellectual property rights and rights protection of personality);
- that he accepts these general conditions and undertakes to comply with them at all times.
Without being required to do so, Capitols Cigars is entitled, at any time, to modify or not to process, for legal or technical reasons, the data relating to the advertisement transmitted by the customer.
The client grants Capitols Cigars the exclusive right to use the data relating to the advertisement made available. These data cannot be used, taken over or copied by third parties, unless the latter are partners of Capitols Cigars. The customer is not entitled to demand that third parties be able to acquire the data relating to the advertisement which he has made available for publication on their platforms. Even if the customer authorizes the third party, Capitols Cigars is not obliged to allow the acquisition of the data in question.
If Capitols Cigars is brought to justice by a partner or a third party due to the use of marketplaces, an agreement with the client, data relating to the advertisement made available by the client or the products or services offered by the customer, the latter is required, upon the first request from Capitols Cigars, to compensate him entirely and to exempt him from any liability, including to bear the legal and other costs of Capitols Cigars. At the request of Capitols Cigars, the client is also required to communicate any document that Capitols Cigars considers useful for his defense and to join the trial.
11. Risk
The customer bears all the risks that could arise from manipulations on his computer system, malfunctions of his computer system and / or improper use of access rights.
12. Liability and warranty
The marketplaces include information and content from Capitols Cigars as well as from advertisers and partners of Capitols Cigars. Capitols Cigars strives to ensure the accuracy of this information and content, but expressly disclaims any responsibility in this regard, in particular with regard to the veracity, correctness, completeness and topicality of the information and content . Capitols Cigars also declines any responsibility for damage which could result from the consultation, the access, the use of this information and contents. The consultation and use of such information and content is carried out only at the customer’s own risk.
The customer is fully responsible for the products and services that it offers on the marketplaces as well as the content that it transmits to Capitols Cigars (in particular data relating to advertisements, advertisements themselves and printing orders). Capitols Cigars declines all responsibility for the content provided by the client. Capitols Cigars does not assume any warranty for the products and services offered by the client on the marketplaces, nor for the conclusion of contracts which may result therefrom, such as sales contracts between clients or with users and third parties.
Capitols Cigars does not check the content of websites linked to marketplaces and is not responsible for the content of such sites.
Capitols Cigars is only liable in the event of intent or gross negligence. Capitols Cigars is not responsible for any consequential damage or loss of profit. If, despite all the care taken, Capitols Cigars is unable to fulfill its contractual obligations due to force majeure such as natural disasters, armed conflict, strike, unforeseen restrictions on the part of the authorities or technical faults attributable to third parties, the customer does not have the right to demand the execution of the contract as long as the event in question lasts.
Regarding work that is assessed according to the rules applicable to the contract, the customer only has the right to demand from Capitols Cigars the repair of defects. The termination of the contract and the reduction of the price are excluded. To the extent permitted by law, Capitols Cigars excludes all liability for damage resulting from defects.
Capitols Cigars is not responsible for abuses committed by third parties on the Internet, nor for damages resulting therefrom for the customer. Capitols Cigars is also not responsible for security faults and disturbances in the telecommunications network of third parties and the Internet, or interruptions in operation or market disturbances, or offers from third parties.
13. Legal situation of Capitols Cigars
Capitols Cigars is not a party to contracts concluded between customers, users or other third parties relating to the products and services that the customer offers on marketplaces. Capitols Cigars is in no way responsible for the conclusion of these contracts or any risks arising therefrom.
The information and content reproduced on the marketplaces does not constitute an invitation on the part of Capitols Cigars to present an offer, or an offer or a recommendation for rental and / or acquisition.
Without being required to do so, Capitols Cigars is authorized to monitor the behavior of users and customers and their content on the marketplaces and to verify their admissibility.
14. Use of Capitols Cigars partner services
Whenever the customer uses the services of Capitols Cigars partners integrated into the market places, he accepts the corresponding conditions of use of these services.
15. Compensation prohibition
The customer is not authorized to offset his claims with claims from Capitols Cigars.
16. Prohibition of transfer
The customer is not authorized to assign his contractual relations with Capitols Cigars to a beneficiary without the written authorization of Capitols Cigars. Likewise, claims resulting from contractual relationships with Capitols Cigars cannot be assigned to third parties without the written authorization of Capitols Cigars.
17. Confirmation and modification of these general conditions
The customer approves these general conditions each time he pays for an advertisement and publishes it on one of the Capitols Cigars exchange platforms. He can therefore always consult the updated version of the GTC.
Capitols Cigars reserves the right to modify these general conditions at any time. The updated version is published on the marketplaces in an appropriate space.
18. General provisions
If it turns out that a provision of a contract is not valid or not applicable, it must only be canceled to the extent that it is invalid or unenforceable and must be replaced, for the rest, by a provision which approaches it as much as possible from an economic point of view. Any gaps in the contract must be filled by rules which are as close as possible to what the parties to the contract would have agreed if they had thought of settling the point concerned when concluding the contract, respecting the spirit and the purpose of the contract in question.
19. Applicable law and place
These general conditions are exclusively governed by European law, excluding private international law (LDIP). The exclusive place of performance and place of jurisdiction are located at the headquarters of Capitols Cigars. Capitols Cigars is also authorized to sue the customer in the courts of its headquarters / home.
