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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: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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


Marbella Information

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