Terms and conditions

1. Operator and scope

LuxCharity is operated by AI Finance Association Europe, an association for European innovation in finance, ZVR 1153480125, at the address stated in the legal notice. You can contact us at aifae.org@gmail.com or by telephone on +43 664 4446396.

These terms and conditions govern the use of luxcharity.com, the public catalogue, the application at app.luxcharity.com and the connected mobile applications, insofar as they refer to this version. These services are collectively referred to below as the platform.

The contract for the sale of an item is concluded exclusively between the seller named in the listing and the buyer. LuxCharity provides the marketplace service and coordinates the agreed allocation of payments through the connected payment service provider. Receiving a payment through the designated payment method does not, by itself, make LuxCharity either the seller or the owner of the item.

LuxCharity is a marketplace platform, not a charitable organisation. LuxCharity does not conduct its own fundraising or accept direct donations independent of a sale of goods. Amounts intended for recipient organisations derive solely from the portions of the respective sale proceeds allocated under these terms. LuxCharity is not the beneficiary organisation for these organisation shares and may not use them for its own charitable purposes. Separately agreed platform fees remain unaffected.

The operator's own statutory obligations, particularly as a marketplace operator, remain unaffected. LuxCharity is responsible under the law for services that it contractually undertakes to provide itself.

2. Supplementary terms and order of precedence

These terms govern common contractual matters, in particular contract formation, prices, fees, contributions, delivery, returns, refunds and payouts. The terms of use and agreements for buyers, sellers and organisations supplement the obligations specific to each role, provided they were made accessible before the contract was concluded and validly incorporated into it.

Mandatory law and validly negotiated individual agreements take precedence. In the event of a conflict with supplementary terms for particular roles, these terms govern the common contractual matters addressed here. Supplementary texts may not subsequently reduce agreed or mandatory consumer rights.

The privacy notice explains the processing of personal data. Providing it or acknowledging it does not constitute blanket consent. The withdrawal notice supplements the information on exercising the statutory right of withdrawal. The cookie notice covers storage technologies and any consent that may be required.

The terms of external payment service providers apply to their own services insofar as they have been validly agreed. They do not replace obligations under the sale contract or LuxCharity's own obligations.

3. Scope of services and platform use agreement

To the extent approved for use, LuxCharity enables the listing and discovery of items, fixed price sales, auctions, live sales, communication and the allocation of shares of proceeds to approved organisations.

Under the operating model on which this version is based, the information website luxcharity.com provides information and a catalogue view. Registration, ordering and payment take place in the app. An enquiry through the contact form is neither an order for goods nor registration or approval of an organisation.

The platform use agreement with LuxCharity is concluded when you accept these terms during registration and LuxCharity confirms the creation of your account. It is separate from the contract for the sale of an item. The required confirmation of your email address remains a prerequisite for using the functions that require it.

Paid services are provided only on the basis of a separate, transparent order. Their costs, scope and essential terms must be apparent beforehand. Merely announcing a planned function does not create an entitlement to its provision.

The association's bank account specified in the legal notice is not a payment channel for catalogue items or sale amounts allocated to recipient organisations. Only the designated and approved payment channels may be used for those purposes. Payments outside those channels do not automatically trigger order processing or distribution of proceeds. Statutory claims relating to a payment made in error remain unaffected.

4. Accounts, minimum age and security

Personal buyer and seller accounts may only be held by adults aged 18 or over. Anyone acting for a legal entity must also be an adult and authorised to represent it. Use of a parent's account for purchases by minors is not provided for.

Buyers and sellers need a confirmed email address. Guests, organisation accounts and administration accounts are not entitled to make purchases. Sellers may also act as buyers. A buyer may apply to create a seller profile.

You must keep required information truthful, complete and up to date. Changes affecting an ongoing order, identity verification or payout must be reported without undue delay. Login credentials must be kept confidential. Inform LuxCharity without undue delay if you suspect unauthorised access to or misuse of your account.

Accounts must not be used to circumvent restrictions, checks, fees or other protective measures. Impersonation, sham accounts and the unauthorised sharing of account access are prohibited. Authorised additional roles or organisation access remain possible under the rules provided for them.

Where there are substantiated security concerns, LuxCharity may request appropriate evidence or renewed confirmation of contact details. The type and extent of the request must be appropriate to the circumstances. Confirmation of an email address is not proof of age. No comprehensive technical age verification is promised by this provision.

5. Seller status and organisation approval

Sellers first create a public profile. Their legal name, address, date of birth and required proof of identity are collected in a separate verification process. Draft listings remain private. Items submitted before identity verification is complete may be published once approval has been granted, provided all other requirements are met.

The seller must correctly state whether they are acting privately or as a business. Their actual activity is decisive. The absence of business approval does not entitle a seller to present a business sale as a private sale. Required trader information must be accessible before an order is placed.

Approval of a seller profile does not confirm that its items are authentic, of a particular quality or free from defects. Business registration does not replace an organisation application.

Only organisations registered with LuxCharity and separately approved following an internal plausibility check may be selected as recipient organisations. Registration alone does not confer entitlement to receive funds. The check assesses the plausibility of the organisation's actual existence and identity on the basis of its website, the required documents, the addresses provided and the identified persons responsible and authorised to represent it. Receipt and payout also require fulfilment of the connected payment service provider's requirements.

When used for recipient organisations, the terms 'checked', 'approved' or 'certified' refer solely to this internal plausibility check and approval. They do not signify an assessment of financial condition or organisational capacity, ongoing monitoring of the use of funds or confirmation of the effectiveness of individual projects. They do not confirm governmental recognition, independent accreditation or eligibility for tax relief on donations. LuxCharity's own statutory duties to check, exercise due care and take action, particularly where there are specific indications of inaccurate information or unlawful conduct, remain unaffected.

6. Listing and describing items

A seller may offer only items that they may lawfully dispose of and whose ownership they may transfer to the buyer. They must actually be able to deliver the item. Counterfeits, stolen goods, unlawful products and items whose sale breaches applicable safety rules must not be offered.

The description and images must accurately represent the particular item. Essential characteristics, condition, signs of use, damage, alterations, accessories and the contents of the delivery must be clearly stated. Known safety defects or recalls must not be concealed. Merely naming a brand or displaying a verification mark on a profile does not replace an accurate item description.

The seller must hold the necessary rights to use texts, photographs and videos. Misleading sample images or third party product images that conceal the actual condition are not permitted. Private data on receipts and documents must be checked before publication and, where necessary, removed without misrepresenting relevant product characteristics.

The information applicable to a particular order is recorded when the contract is concluded. A later change to the listing does not change a contract that has already been concluded. Listings may be withdrawn or changed only insofar as no existing binding commitment prevents this. Auctions on which bids have already been placed are also subject to the auction rules validly incorporated into the contract.

7. Contract formation, fixed price sales and auctions

For fixed price listings, under the model on which this version is based, the sale contract is concluded when an eligible buyer accepts the offer through the designated ordering function and the corresponding payment is confirmed by the payment service provider.

For auctions, under this model, the sale contract is concluded when the buyer is awarded the item under the auction rules provided beforehand and the designated payment is confirmed. A bid, maximum bid or award alone is not proof of payment and, under this version, does not yet constitute an unconditionally concluded purchase of goods. Giving the award a different binding effect requires a correspondingly amended rule that has been validly agreed beforehand.

Before a bid is submitted, the starting price, any reserve price condition, bid increments, duration, extension rules and conditions for awarding the item must, in particular, be accessible. A hidden maximum bid must not be displayed publicly as the amount the bidder is willing to pay. Bidding on one's own items and coordinated sham bids intended to raise prices are prohibited.

For live sales, the action confirmed through the designated ordering or bidding process is decisive. A chat message alone does not place an order. Technical delays must not be compensated for by subsequently inventing bids or payments. The statutory consequences of proven errors remain unaffected.

Before an order involving an obligation to pay is placed, the item, seller, total price and essential contractual terms must be clearly apparent. Input errors must be capable of correction. The order button must clearly express the obligation to pay. The incorporated terms must be capable of being saved.

An online auction is not exempt from the statutory right of withdrawal merely because it is called an auction. Nor does subsequent collection in person automatically remove a statutory right of withdrawal that existed when the contract was concluded.

Test environments and demonstrations must be identified as such. An open payment window, a provisional reservation or a purely internal status display does not prove receipt of payment. If a payment is not confirmed, no payout based on it may be triggered.

8. Mandatory information and total price

Business sellers provide the information required by law before the contract is concluded. This includes, in particular, their identity and an address at which they can be reached, required contact details and register information, the essential characteristics of the item, the total price and applicable taxes, delivery terms, payment terms, complaint procedures, information on statutory rights in respect of defects, and the withdrawal notice and model form where a right of withdrawal exists.

The total price P comprises the sale price including the shipping included in it. No additional shipping surcharge is charged for new listings. For auctions, the final price actually achieved is decisive. Any mandatory additional charges that cannot be calculated in advance must be explained before ordering, together with the basis for their calculation.

For consumer contracts with business sellers, the required contract confirmation must be provided on a durable medium in good time and no later than delivery. A website link whose content can subsequently be changed is not sufficient on its own. A payment confirmation replaces neither this contract confirmation nor any required invoice.

For older listings and auctions already in progress, the prices and contractual versions previously validly agreed remain decisive. A different shipping model must not subsequently be transferred silently into the new calculation. Before a new contract is concluded, the full amount payable must be clearly established.

9. Platform fee, payment fee and allocation of proceeds

Under the intended model, the platform fee is 15 % of P. The existing fee display additionally calculates a payment fee of 2.9 % of P plus 0.30 in the item's currency. This figure is a calculation assumption and not a promise concerning the payment service provider's actual costs.

Before a binding order is placed, the fees binding for that particular transaction and the resulting allocation must be established and accessible to the contractual parties concerned. An estimate identified as non-binding does not permit a subsequent unilateral additional charge. Changes to deductions already agreed require a legal basis or a valid agreement.

The amount available for distribution R is P minus the agreed payment fee and platform fee. The seller's share and the organisation's share are calculated on R and together amount to 100 %. At least 10 % of P before fees must be allocated to approved organisations in total. The organisation's share of R must be set sufficiently high to achieve this.

For a currency with two decimal places, the minimum contribution is rounded up to the next whole cent. The remaining shares are rounded so that the total amount is preserved and the minimum contribution is not undercut. Only currencies whose smallest accounting unit is clearly taken into account in the ordering process are used.

Calculation example using the existing fee assumption: for P = 2,500.00 euros, the payment fee is 72.80 euros, the platform fee is 375.00 euros and R = 2,052.20 euros. The minimum contribution is 250.00 euros. A seller's share of 87 % of R amounts to 1,785.41 euros, leaving 266.79 euros for organisations. A seller's share of 88 % would be too high because only 246.26 euros would then remain for organisations.

The example explains the calculation. The binding allocation agreed for the particular transaction before the contract is concluded is decisive.

10. Organisations, designated purposes and affiliate remuneration

Buyers and sellers select recipients from the organisations registered with LuxCharity and approved for the transaction concerned, in accordance with the following allocation rule. If the seller has selected an organisation, the buyer may optionally allocate 5 % of the amount assigned to that organisation to a second approved organisation. This is neither 5 % of the total price nor additional percentage points at the seller's expense. If the seller has not selected a recipient, the buyer selects an approved organisation, to which the entire organisation share is allocated.

Under the intended model, affiliate remuneration is 2 % of the platform fee. It is funded from that fee and does not reduce the organisation share. For a platform fee of 375.00 euros, this amounts to 7.50 euros. Whether a particular referral qualifies for remuneration is governed by the validly agreed affiliate agreement.

Displaying a contribution, selecting an organisation or recording an allocation does not confirm that the organisation has received funds. Planned, approved and actually paid amounts must be distinguished. Forwarding funds in the name of the buyer and seller does not, by itself, establish eligibility for donation tax relief or attribution of the entire amount to both persons for tax purposes. Any tax treatment and required evidence of contributions depend on applicable law and the actual circumstances; LuxCharity does not issue its own donation receipt for this purpose.

If a selected organisation loses its approval or cannot lawfully receive the amount, the contribution concerned is not silently allocated to another organisation or to the operating association. LuxCharity informs the parties concerned and determines a permissible way to proceed, taking account of claims and purpose restrictions that have already arisen.

LuxCharity does not guarantee any particular future donation amount, project success or tax recognition. This statement does not restrict payment claims or purpose restrictions that have already validly arisen.

By validly agreeing to the respective recipient selection and allocation of proceeds, the buyer and seller instruct and authorise LuxCharity, within the scope of their respective allocation, to arrange for the organisation shares to be forwarded to the selected recipients in the name of the buyer and seller through the connected payment service provider. This mandate is limited to the allocation and processing required for that purpose; it does not permit LuxCharity to freely select different recipients or purposes. Execution requires confirmation and availability of the payment and fulfilment of the payout conditions in section 19. Mandatory payment service, refund and other statutory obligations remain unaffected.

11. Payment service provider, identity verification and recipient accounts

Payments are processed through the connected payment service provider. Under the operating model described here, Stripe Checkout and Stripe Connect are technically integrated. The buyer pays through the designated checkout; the subsequent distribution and payout are handled separately.

The seller authorises LuxCharity to carry out the agreed payment coordination and receive the purchase price through this payment method. A duly confirmed payment discharges the corresponding obligation to pay the purchase price. The seller may not demand the same amount again directly.

LuxCharity does not offer its own payment account, electronic balance or escrow account. The technical designation of a party within the payment model does not, by itself, determine its statutory obligations. The seller's role under the sale contract is determined by the listing and applicable law.

Before a payment service is used, its required contractual terms are made accessible. Payment methods, countries and currencies depend on the particular approved payment route. A card brand shown on the website does not guarantee that it is available for every transaction.

The payment service provider may request proof of identity, information on authority to represent an entity, organisation documents or evidence relating to the payout account. Additional checks and authentication steps may also become necessary later. Use only payment methods you are authorised to use and payout accounts approved for the respective recipient.

Where evidence is missing, contradictory or unconfirmed, the affected payment functions may be restricted. LuxCharity informs you of the cooperation required and the scope of the restriction insofar as it is permitted to do so. A failed check does not automatically entitle anyone to confiscate funds belonging to others.

If a change of provider becomes necessary, LuxCharity informs you in advance about the affected functions, the new provider and the steps required. New terms or data transfers are implemented only on a permissible basis. A change of provider permits neither an unjustified fee nor the forfeiture of existing payment claims.

12. Payment errors, chargebacks and corrections

Report suspected duplicate charges, payments that cannot be matched to a transaction or incorrect amounts, quoting the order reference. Do not send full card details or security codes in a message. LuxCharity examines the transaction together with the payment service provider within the scope of its own responsibilities.

Unauthorised or duplicate charges are corrected in accordance with the statutory and contractual requirements. An investigation does not change statutory reporting or refund deadlines. Rights against the payment service provider remain unaffected.

In the event of a chargeback or refund, the corresponding allocation of proceeds is reviewed and corrected where necessary. Amounts already paid out may be reclaimed only on a statutory or validly agreed basis. The reasons and calculation must be communicated clearly and in a way that can be followed.

A duplicate refund of the same amount is excluded. Mere suspicion does not justify a final denial of a claim. Temporary holds must be limited to the amount and period required.

13. Currencies, taxes and supporting documents

The price, fees and shares of proceeds are calculated in the same item currency. The model described here does not provide for automatic currency conversion within the allocation. Different currencies are not combined into a single payout amount without an agreed conversion.

An exchange rate or separate conversion fee charged by a bank or payment service provider is distinct from the platform's calculation and is governed by the terms applicable to it. A different display language does not change the item's currency.

Sellers fulfil their own tax obligations and issue required invoices. LuxCharity's mandatory obligations remain unaffected. Contributing a share of proceeds does not automatically exempt a sale from tax and does not, by itself, determine who is treated as the donor for tax purposes.

Insofar as statutory reporting obligations apply to platform operators, LuxCharity may collect and verify required seller and transaction data and transmit them to the competent authorities. Details of the data processing are explained in the privacy notice. This provision does not promise that a reporting system has already been fully implemented technically.

14. Shipping, insurance and collection

New listings must provide for insured shipping at no additional charge or free collection in person. Both options may be offered together. Where an item is shipped, the seller is responsible for appropriate packaging, transport and transport insurance suitable for the type of item and its full sale value.

Before the contract is concluded, the seller states the delivery time or a collection window and any delivery restrictions. If there is no valid agreement, the statutory delivery rules apply. Delivery to every country is not promised.

Shipment must be documented with a tracking number or equivalent evidence. Information from the carrier is evidence but is not irrefutable. For collection, both parties document the actual handover. A purely internal status change does not replace proof of receipt.

In the event of loss or damage, the seller handles claims against the carrier and insurer. The buyer's statutory claims must not be deferred merely until an insurance investigation has been completed. LuxCharity itself does not provide general transport insurance or a promise of coverage.

When a consumer buys from a business seller, the transport risk generally passes only upon actual handover to the buyer or a third party designated by the buyer; statutory exceptions remain unaffected. In other cases, the passing of risk is governed by applicable law.

If a shipment cannot be delivered or collection is missed, the parties agree on how to proceed. Additional costs that are legally permissible and proven may be claimed under applicable law. A failed delivery does not automatically entitle LuxCharity to destroy, retain or sell the item.

15. Non-receipt and proof of receipt

If you have not received an item, you may report this through the designated platform channel within 14 calendar days after documented shipment. Provide the order reference and, if known, the shipping date and tracking number. If this channel is unavailable, you may contact aifae.org@gmail.com. Claims against the seller must also be pursued separately.

This period serves to enable early handling by the platform. It does not shorten statutory rights concerning non-delivery, defects or refunds. A later report must also be examined to that extent. Silence does not count as confirmation of receipt.

Without proof of actual receipt or documented collection, the return period linked to it does not begin. A shipping notification, a paid order or transport taking longer than 14 days does not, by itself, trigger a payout.

The amount affected by the dispute remains on hold until the necessary clarification has been obtained, insofar as this is permissible and objectively justified. Statutory rules on setting an additional period for performance, termination and refunds remain decisive.

16. Withdrawal from the purchase contract and contractual right of return

A distance contract between a business seller and a consumer generally carries a statutory right to withdraw from the purchase contract within 14 days. For goods, the period generally starts on the day after actual receipt by the buyer or a third party designated by the buyer who is not the carrier. The statutory rules for separate deliveries remain unaffected.

Used goods are not excluded from the right to withdraw from the purchase contract merely because of their condition. Statutory exceptions apply only where their respective requirements are met and must be properly explained before the contract is concluded. Missing information on this right may result in a statutory extension of the period.

For genuine private sales, there is no corresponding statutory right to withdraw from the purchase contract merely because the platform is used. However, private sellers grant a contractual right of return of 14 days from receipt for sale contracts concluded through LuxCharity. The rules on notification, return shipment and refunds described in this section and the following section apply accordingly. This right forms part of the respective sale contract.

Withdrawal from the purchase contract or exercise of the contractual right of return must be clearly notified to the seller within the relevant period, for example by email. Sending the notification in time is sufficient. Exercising the statutory right to withdraw from the purchase contract requires neither a reason, the original packaging nor prior authorisation. Returning the goods alone does not replace a clear notification.

Where required by law, an easily accessible electronic function for withdrawing from the purchase contract is provided, with separate confirmation of the withdrawal notification and an acknowledgement of receipt without undue delay on a durable medium. If a function is unavailable, other permissible notification methods and the right of withdrawal remain available. The withdrawal notice and model form must be made accessible before the contract is concluded.

The goods must be sent back no later than 14 days after the withdrawal or return notification is made, unless the seller offers to collect them. There is no need to wait for a response from the seller. The buyer bears the direct cost of returning the goods only insofar as this is permissible, was properly communicated before the purchase and the seller has not agreed to bear it.

A reduction in value may be taken into account under the statutory requirements if handling of the goods goes beyond what is necessary to establish their nature, characteristics and functioning. The costs of remedying defects under a justified statutory claim are distinct from this.

17. Refunds and partial reversal of transactions

Following a valid withdrawal from the purchase contract, the seller refunds the payments received, including outbound delivery costs that must be refunded by law, without undue delay and no later than 14 days after receiving the withdrawal notification. Where standard shipping is included in the total price, that total price is refunded. Legally permissible exceptions, particularly for more expensive delivery methods expressly selected, remain unaffected.

The refund is generally made using the same payment method. Any other method must be permissibly agreed and must not cause additional refund costs for the buyer. Platform fees or intended organisation shares must not be deducted as a blanket reduction from the refund entitlement.

To the extent permitted by law, the seller may withhold the refund until the goods have been returned or evidence of their return shipment has been provided, whichever occurs first. This does not apply if the seller has offered to collect the goods. An internal payout review does not extend any statutory refund deadline.

Where a transaction is permissibly reversed in part, the affected items and amounts are clearly identified. Fees and organisation shares are corrected in accordance with the original binding allocation and applicable law. The minimum contribution must continue to be taken into account for the remaining valid sale under the agreed model. Blanket forfeiture of fees is not provided for.

A return notified in time remains open even if the goods arrive back only after the original return period has ended. A payment received later, after a transaction has already been reversed, triggers neither a new purchase nor a new contribution without a basis.

18. Defects, items differing from their description and suspected counterfeits

Report significant differences from the description, missing components, damage or a substantiated suspicion of counterfeiting to the seller and through the designated platform contact as promptly as possible. Describe the circumstances and include available suitable evidence, such as photographs of the item, packaging and relevant markings.

A late report to the platform does not extinguish statutory rights in respect of defects. To clarify the matter, LuxCharity may request information from both parties and temporarily restrict the affected listings or payments insofar as necessary and permissible. A party's assertion alone is not automatically treated as proven.

Where authenticity is in doubt, the seller may be asked to provide suitable evidence of origin or authenticity. A decision should be based on substantiated circumstances. Authenticity that has not been conclusively confirmed must not, without a further basis, be equated with proven fraud.

A moderation decision replaces neither a court judgment nor a professional authenticity check that has been expressly booked. Return shipment, refunds and any seizure by the authorities are governed by the specific legal and contractual basis. These terms do not give LuxCharity blanket authority to destroy goods belonging to others.

When a consumer buys from a business seller, statutory rights in respect of defects apply, generally with a protection period of at least two years for goods in the EU. These terms do not shorten the statutory warranty period for used goods. A reduction for used goods that is permissible under Austrian law requires the separate agreement prescribed by law.

The agreed condition, age and normal wear and tear must be taken into account. Known defects must be specifically disclosed. Describing an item as 'used' does not replace a description. In private sales, rights in respect of defects are governed by applicable law and valid agreements. Claims arising from deception remain unaffected.

A payout or confirmation of receipt does not confirm that the item will remain free from defects and does not extinguish continuing statutory claims.

19. Release of shares of proceeds and payout

The agreed shares of proceeds are released for payout only once the payment is confirmed and available, receipt or collection has been proven and the applicable return period has expired. Any longer statutory period for withdrawing from the purchase contract must be taken into account. For shipping, the 14 day non-receipt reporting window starting from documented shipment must also have expired; the later expiry is decisive. This shipping window does not apply to collection.

Open non-receipt reports, returns notified in time, objectively justified complaints and legally required checks may prevent payout of the affected amount. Unaffected amounts must not be withheld without a separate reason. The continuing need for a hold must be reviewed regularly.

Recipients must have a permissible payout account and the required eligibility to receive payouts. For organisations, approval must remain in force. Transfers to recipients and bank payouts are distinct from a confirmed buyer payment. Bank processing times do not start merely because a return period has expired.

The release rules do not permit indefinite withholding of amounts that are due. If no permissible payout method is available, LuxCharity informs the person concerned and arranges a legally permissible resolution. Statutory payment and refund claims remain unaffected.

Under the operating status on which this revision is based, bank payouts have not yet been approved for ongoing operations. The technical payment integration therefore does not promise a fully available sales and payout operation. Insofar as a transaction cannot be completed fully and lawfully, it must not be offered as unrestrictedly available.

Statutory claims concerning non-delivery, defects, deception and unauthorised charges continue to exist after payout. A payout does not constitute a waiver of rights.

20. Additional services and planned verification

Under the operating status assumed here, discreet shipping and authenticity checks are planned additional services that cannot yet be booked publicly. An announcement, test address or internal check does not create a service contract or a promise of availability.

Before these services become bookable, their scope, eligible items, price, contractual party, transport responsibility, liability, complaint procedure and any rights to withdraw from the relevant contract must be regulated separately. The purchase of goods and the additional service must be distinguishable. The terms must be provided before ordering and validly agreed.

These terms do not currently authorise LuxCharity to physically accept items or independently dispose of or destroy them. Nor is any binding guarantee of an item's authenticity given.

Anyone sending documents with a shipment must check the personal data and required transaction evidence they contain under the shipping terms subsequently validly agreed. Absolute anonymity cannot be inferred from a mere announcement of discreet shipping.

21. Messages, livestreams and reviews

Messaging functions are intended for permissible communication about items, orders, projects and platform use. Unsolicited mass advertising, malware, attempted deception, harassment, threats and discriminatory content are prohibited. Legally relevant notices and justified complaints must not be obstructed by these restrictions.

Reviews must be based on actual experiences. Fabricated reviews, coordinated manipulation, purchased positive reviews and pressure to change a review are prohibited. A factual negative review must not be removed merely because a person involved dislikes it.

Other people's private addresses, payment details, identity documents and other information not intended for publication must not be published in a chat, livestream or review without a permissible basis. Public usernames must be distinguished from the identity details needed for an order.

Livestream organisers must hold the necessary rights to images, audio, music and the content shown. Recording or subsequent publication may take place only on a permissible basis. Participation alone does not constitute unlimited consent to advertising use.

Within the review function, LuxCharity explains whether and how a link to actual transactions is checked. Without such a check, reviews must not be described as verified purchases.

22. Prohibited use and protective measures

Prohibited activities include, in particular, selling prohibited items, identity misuse, manipulated bids, unauthorised access, circumventing technical safeguards, fraudulent returns, spam and interference that endangers the security or availability of the platform.

Automated access is permitted only to the extent approved or allowed by law. The abusive mass extraction of personal data and the use of tools to manipulate listings, reviews or auctions are prohibited. Uses that mandatory law permits are not excluded.

Where infringements are substantiated, LuxCharity may require a correction, issue a warning, remove individual items of content, restrict functions or suspend or permanently block an account. The nature, severity, frequency and effects of the infringement and the interests of those affected are taken into account. Where a less restrictive measure is sufficient, it must be preferred.

Urgent security risks or statutory obligations may require immediate provisional measures. Reasons must be given for restrictions where the law requires this. Legally permitted limits on disclosure of information remain reserved. A general reference to security interests does not replace an assessment of the individual case.

A restriction does not automatically extinguish existing sale contracts, refund claims or legitimate payout claims. LuxCharity's own additional services that have already been paid for are accounted for according to their actual performance and the statutory requirements. There is no blanket exclusion of all refunds because of an account restriction.

23. Reports and review of decisions

You can report unlawful content or infringements through the reporting function provided or at aifae.org@gmail.com. Identify the affected content, where it can be found and the reason for the report as precisely as possible. Attach any available evidence. Reports must be accurate and complete to the best of your knowledge.

LuxCharity carefully examines sufficiently specific reports and provides information about decisions to the extent required by law. Affected persons may request review of a decision, giving the case reference and their reasons. Legitimate reports must not be treated as abuse merely because an infringement is ultimately not established.

Insofar as the statutory internal complaint procedure under Article 20 DSA applies, its requirements apply, including the specified complaint period. The final complaint decision is made under qualified human supervision. Automated tools do not replace this review.

Internal handling determines platform measures. It does not replace a binding judicial decision on ownership, damages or other claims. Permissible out-of-court procedures and access to the courts remain available.

24. Rights in the platform and user content

Rights in the platform's software, brands, design and own content remain with LuxCharity or the respective rights holders. Using the platform does not transfer ownership rights in these components to you.

You retain your rights in your own content. By providing it, you grant LuxCharity a non-exclusive, royalty-free right to use it insofar as necessary for the agreed display, transmission, technically required processing and performance of the platform service. This may include format changes, resizing and translation required for the languages offered. The substantive content must not be altered misleadingly in the process.

LuxCharity may involve commissioned service providers only insofar as necessary for these purposes. The right lasts for the duration of permissible publication and any necessary further retention, for example to handle pending transactions or fulfil statutory obligations. Necessary retention does not automatically authorise continued public advertising.

Private identity evidence, bank documents and files not approved for publication are excluded from this permission to publish. These terms do not grant blanket permission for separate advertising campaigns using your content or for training general AI models. Separate rights and data protection grounds must be obtained where required for those purposes.

25. Search results, recommendations and advertising

For search results and recommendations, LuxCharity explains the main sorting criteria actually used and their relative importance in the designated, easily accessible location. For business users, the required information forms part of the terms validly incorporated into the contract. The description must correspond to how the functions actually work.

Paid prominence and advertising must be identifiable as such. Any influence of payment on presentation is explained. A fee does not guarantee a sale, any particular reach or any donation amount unless otherwise expressly and validly agreed.

Where business users are involved, the information required by law on access to data during and after the contractual relationship and on any different treatment of the operator's own or affiliated listings is provided. Personal data may be made accessible only on a permissible basis.

26. Availability, technical changes and external services

LuxCharity provides the platform to the agreed extent. Maintenance, security measures or unavoidable technical disruptions may require temporary restrictions. Planned significant restrictions are announced in advance where possible; their duration and scope should be limited to what is necessary.

An interruption does not automatically change sale contracts already concluded. Confirmed payments, returns and other pending matters must continue to be handled properly. Accessible alternative communication methods remain relevant to the timely exercise of statutory rights.

Independent services of external providers are governed by their validly agreed terms. LuxCharity remains responsible for its own obligations and for the activities of engaged service providers that are legally attributable to it. No blanket exclusion of liability for every disruption caused by a third party is agreed.

Changes to digital services must not circumvent statutory rights. Where particular requirements, information duties or termination rights apply, they are complied with. These terms do not contain an unlimited right to restrict agreed services at will.

27. Data protection, contacts and electronic notices

The purposes, legal bases, recipients and retention periods for personal data, as well as your rights, are set out in the privacy notice. Acceptance of these terms does not replace any separately required consent, for example for certain advertising uses.

Enquiries, complaints, legally relevant notices and data protection matters may be sent to aifae.org@gmail.com independently of the contact form. No renewed acceptance of terms or blanket consent is required for this.

Purchase-related notices must be addressed to the responsible contractual party. Contact details and required documents must remain accessible while matters are pending. Internal administration notes do not replace notification to the other party. Electronic confirmations support traceability but do not replace any special form prescribed by law.

28. Termination of the platform use agreement

You may terminate your platform use agreement at any time without an additional termination fee and request deletion of your account through the available account function or at aifae.org@gmail.com. Uninstalling the app alone does not close your account.

LuxCharity may terminate the platform use agreement on ordinary notice for an objective reason, for example if the service concerned is permanently discontinued or necessary conditions for use cease to be met. Notice is generally given at least 30 days in advance on a durable medium. Mandatory longer periods and further rights remain unaffected.

Immediate termination without notice requires a compelling reason or a corresponding statutory basis. Any warnings and opportunities to remedy the situation required by law must still be observed. For business users, the applicable special requirements concerning reasons and notice periods also apply.

Termination and account restrictions do not extinguish claims that have already arisen. Pending orders, returns, complaints and allocated funds continue to be handled. The documents and communication options required for this are provided. Deletion and further storage required by law are governed by the privacy notice and applicable law.

29. Liability and statutory rights

LuxCharity's liability is governed by law. These terms restrict neither statutory rights in respect of defects nor claims for damages against LuxCharity. In particular, claims arising from its own breaches of duty, legally attributable acts of persons engaged to perform its obligations, death, personal injury or harm to health, and mandatory product liability remain unaffected.

The respective seller is generally responsible for the condition and delivery of the goods and obligations under the sale contract. This allocation of responsibility does not release LuxCharity from its own statutory obligations. Account approval does not guarantee the account holder's conduct or the quality of their goods.

For disruptions for which LuxCharity is not responsible, liability is governed by applicable law. Statutory rights relating to defective digital services and the duty to properly handle claims that have already arisen remain unaffected.

30. Assignment, set-off and transfer of the contract

Assignments permitted by law and statutory rights of set-off and retention are not restricted. Consumers may, in particular, set off counterclaims that are legally connected, established by a court or acknowledged; further mandatory rights remain unaffected.

Set-off by LuxCharity requires mutual claims that may legally be set off against each other. Funds belonging to others or subject to binding purpose restrictions must not be used to settle other obligations without a permissible basis. Any set-off is explained in a way that can be followed.

These terms do not contain blanket consent to transfer the entire contract to any other operator. Such a transfer takes place only under the statutory requirements and, where necessary, with the required consent. This must be distinguished from the permissible assignment of individual claims.

31. Changes to these terms

Changes do not apply retroactively to sale contracts already concluded, binding allocations or payment claims that have arisen. New terms become part of the contract only through valid incorporation.

Objective reasons for changes may include statutory requirements, necessary security measures, changes to services actually offered or the correction of ambiguities. This section does not establish an unlimited right to make unilateral changes.

Material changes are notified through a method that allows the notice to be saved, stating their content, reason and intended starting date. Where consent is required, it is obtained expressly. Mere silence does not replace it. Fee changes apply only to future transactions agreed on that basis.

For business users, where Regulation (EU) 2019/1150 applies, at least 15 days' advance notice generally applies, with longer adjustment periods where necessary. Statutory exceptions and termination rights remain decisive. Purely editorial corrections that do not change rights or obligations are identified by an editing date.

32. Applicable law and dispute resolution

The platform use agreement with LuxCharity is governed by Austrian law, excluding its conflict of laws rules and, insofar as applicable and permissible, the UN Convention on Contracts for the International Sale of Goods. Consumers retain the protection of mandatory rules of the country of their habitual residence where provided by law. The law applicable to a sale contract between users must be determined separately.

Consumers retain the jurisdictions provided by law. No exclusive jurisdiction to the detriment of consumers is agreed.

Complaints about LuxCharity's own services may initially be sent to aifae.org@gmail.com. Disputes about contracts for the sale of goods are generally to be resolved between the buyer and seller. Assistance from LuxCharity does not replace independent adjudication of a dispute.

Statutory duties to provide information about or participate in out-of-court dispute resolution procedures remain unaffected. No general voluntary participation beyond those duties is promised. Court and administrative proceedings and, where applicable, specific remedies against platform decisions remain unaffected.

33. Final provisions and language versions

If a provision is invalid, statutory rules apply in its place. It is not automatically replaced by a clause that is as similar as possible and more favourable to LuxCharity. The remainder of the contract continues to apply insofar as permitted by law.

The language version provided before the contract was concluded and validly agreed is decisive. German is the editorial source language. Another language version may not subsequently reduce agreed consumer rights. Mandatory statutory rules of interpretation remain applicable.

34. Operating status and approval of individual functions

Describing a function in these terms does not confirm its technical release. According to the source text used as the basis, implementation tasks remain before full purchasing operations can begin, particularly regarding binding fee information, mandatory information, incorporation of the private sale right of return, proof of receipt, electronic exercise of the right to withdraw from a purchase contract, refunds and payouts.

Functions that cannot yet be used are clearly marked as unavailable before an order is placed. A gap in technical or legal implementation must not be bypassed by a contractual clause to the detriment of customers who already have rights. Before binding purchases are enabled, the promised essential processes must be capable of being performed in practice and lawfully.