These Services Terms (“Service Terms”) govern you, visitors, the customers, and/or any individuals (Hereinafter: “Client”), sale of goods using the buying, selling, consigning, authenticating, buy-back, and any other related content, features, materials, applications, widgets and/or services (collectively the “Services”) offered by LUXCELLENT®, a Doing-business-name of NYC Fashion Revival LLC (Hereinafter: “Company” or “we” or “us”) on the website located at https://www.luxcellent.com (The “Website”). The Client that use the Services and/or the Website agree with this Services Terms.
For purposes of the Term, “Client” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then (a) Client includes you and that entity, (b) Client represent and warrant that Client is an authorized representative of the entity with the authority to bind the entity to the Terms, and that Client agrees to the Terms on the entity’s behalf, and (c) Client’s entity is legally and financially responsible for Client’s use of the Services as well as for the use of Client’s account by others affiliated with Client’s entity, including any employees, agents or contractors.
All Clients who use the Services and the Website must accept and comply with the terms and conditions and Services Terms set forth herein. If you have any questions regarding the Terms and Conditions and/or the Services Terms, please contact Company via email at email@example.com.
Company offers pre-owned and authenticated luxury items purchases, consignments, buy-out, and wholesale.
1.1 Retail Purchase from Company: Client that purchases products from Company’s Website agrees to the Terms and Conditions and Services Terms. By visiting the Website, and/or performing any actions on the Website, satisfying the requirements for the service of purchase (hereinafter: “Services”). Items listed on the Company's website may have double selling issue due to the syncing time of Shopify, which is the Company's website host. Company has no control over the syncing time of Shopify system and the same item may be sold to more than one Client if Shopify does not sync the sold item(s) on time. Client agrees to Company's cancellation on the order when the item is double sold and Client agrees to Company's decision on the cancellation. Company will keep the order item(s) to the first Client that completes the purchase, and the timestamp of the order placement will be the determination of the who (the Client) has completed the purchase first.
1.2 The Price and the Discount: Company reserves the right to determine prices and discount percentages for all Items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Company reserves the right to cancel, delete, or suspend a discount without notification to Client.
1.3 The Cancellation: All sales are deemed final at the time of sale. Cancellation request may be acceptable solely on Company's decision. In case of buyer's remorse on cancelling an order, regardless of reasons, a 3% fee (3% of the total order) will be charged before an order is cancelled and refunded. Company has the full rights to decide whether to cancel an order regardless of reasons that Client has provided. In case a cancellation because of Company unable to fulfill an order, a full refund will be returned to Client without the 3% fee. To be eligible for a cancellation request, the order must be in "unfulfilled' status. "Unfulfilled" status is defined as including but not limited to when the order has not had its shipping label printed, not in transit, not been picked up by the carrier, or not been delivered. Client's order in "Unfulfilled" status does not granted a cancellation request to be successful. Company can decide whether to cancel an order in Company's sole decision. The 3% fee is usually charged to cover the fees charged by the Company's payment providers because Company's payment providers may impose a mandatory fee to all orders regardless if the order is fulfilled, cancelled, or refunded. Regardless of the final decision on whether the payment providers choose to charge the 3% fee, Company will always deduct the 3% fee from the order payment before issuing a refund and process a cancellation. Company can also decide not to charge the 3% cancellation fee and it will be Company's sole decision. Client who places an order with Company after September 15th 2020 agrees to this term.
1.4The Return and Refund: All final sale unless Return Assurance is purchased with Seel. Please note that all returns will be handled by Seel directly and please do not return any items to the Company even if you have purchased the Return Assurance.
1.5 The Payments:
- Credit card full payment: Client is mandatory to pay for the full amount requested of the order. Credit card checkout will be processed through Stripe (LUXCELLENT®'s credit card processor) and Signifyd (LUXCELLENT®'s fraud prevention service). Client agrees and understands Client's information will be analyzed for fraud prevention and verification purpose upon Client places an order with Company.
- TikTok's Shopify Order Payments: Orders placed on Website (whether the Client originally view the item(s) directly from Website or through TikTok livestreams) will follow Website's policy.
- Affirm: Company offers Affirm as payment method toward purchase with Company. Affirms generally offers 0% APR to 3 month payments and 10%-30% APR to 6 or 12 months payments (actual APR and payment months are subject to Affirm's approval). Once Client is approved by Affirm to submit monthly payments for purchase with Company, Client is fully responsible for all Affirm payments and interests. In case a return or a cancelled order from Client, Client is still fully responsible for all interests that are needed to pay to Affirm. Company will NOT cover or subsidize any charges, fees, and/or interests occur between Client and Affirm. Refund on eligible returns will be handled by Seel. Any other fees that Affirm charges Client and Company for Client's decision on cancelling or returning an item or item(s). Affirm payment related questions will be responsibility between Client and Affirm.
- Payment and Billing Verifications: Client understands and agrees to billing and payment verification offered by Signifyd, which is a fraud prevention company that is used by the Company. Failing of Signifyd’s billing and payment verification may result in order being cancelled by the Company. Company may or may not allow Client to submit additional proof to Signifyd for further verifications. Company reserves the right to cancel or remain an order if Signifyd fails to verify Client’s billing and payment.
- Buyout/Consignment payments: Payments will be made via zelle quickpay. Buyout items will be paid upon Company receives, reviews, and authenticates the condition and the authenticity of the item(s). Consignment items will be paid upon the consigned item(s) being sold and the transaction is finalized. If the consigned item(s) is returned, the payment will not be processed and the consignment will be continued.
1.6 Shipping: Shipping cost will be determined at checkout.
- Shipping Claim: Company’s Shipping label is generated from Shopify or from Endicia. Company can file a shipping claim with Shopify or Endicia when Client provides sufficient proofs that the package is damaged or lost in transit. A shipping claim’s reimbursement is not guaranteed and order refund will not be refunded to the Client before the shipping claim reimbursement is received by the Company. During the claims process, a claim statement/affidavit signed by the Client (or intended recipient) will be required. This is a form document provided by LUXCELLENT®, insurance company, shipping partner, and/or Carriers that allows the Client (or intended recipient) to indicate loss or damage. All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to Company before a claim is completed. Failure to comply can result in the denial of the claim.
- A package is delivered but not received by the Client (or authorized mail recipient, such as doorman, family member, neighbor, etc). Client must notify Company within 3 days after the delivery. If Client does not notify Company within 3 days, Company will not file a shipping insurance claim and the package will be considered successfully delivered to Client. If Company does not hear back from Client or Client stop replying email about a potential lost package within 5 business days with or without prior contact with Client, Company will consider that the package has been successfully delivered to Client.
- A package is damaged upon delivery. Client must notify Company within 24 hours after the delivery with proof of photos and refuses the package upon delivery so that Company can file insurance claim with the shipping carrier.
- Company will not be responsible for any lost or damage on a returned package. Customer must notify the Company to pay additional $20 for the insurance prior to Company issuing a return label so that the returned package is fully insured. In case a package is damage or lost, Customer will be fully responsible for the lost and damage to the item and/or to the package.
Reimbursement: Reimbursement for a lost or damaged package will only be given if the shipping carrier Company uses and/or Insurance company and shipping partner (hereinafter: “Carriers”) have made a final decision to reimburse for the lost or damage package. Company will NOT reimburse a lost or damaged package if Carriers do not accept the claim after their internal research on the claim.
In case of a reimbursement from Carriers or Insurance company and/or shipping partner, Company will reimburse Client for the amount equal to the reimbursement received from the Carriers, Insurance company, or the shipping partner. This amount will NOT exceed the amount of the value of the item.
- Custom Value: Company must writes the order value on the custom declaration whether it’s a local shipping or a forwarding company address shipping.
- Domestic Shipping (Within United States 50 States, excluding US territories and islands): Free shipping for USPS first class and priority mail (with insurance). NY addresses are subjected to NY sales taxes. All other locations may be subjected to NEXUS tax law.
- International Shipping: Company currently does not ship to international locations. Client is encouraged to use a forwarding company to ship the order to Client.
1.7 Authenticity: Everything Company buys and sells have been authenticated by Company’s in-house experts. Company does not offer certificate of authenticity (hereinafter: “COA”) on Company’s own. Company uses third-party authentication services to issue COA. COA must be purchased along with the item that needs to be processed for a COA. In case Client does not purchase the COA, Client has to seek a third-party authentication service to submit a request for a COA. NYC Fashion Revival LLC (hereinafter: “NYCFR”) is an independent company and is not an affiliate, agent, employee or legal representative of any designer brand, brand name and/or the third-party authentication service. In any case, NYCFR is not liable for and assumes no responsibility for any indirect, incidental or consequential damages that are caused by or in connection with the use of the Information. The third-party that provides the COA will be responsible for the said result and opinions provided on the COA.
1.8 Buyout and Consignment: Company reserves the right to determine prices for all consigned items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Prices for Items on Website are not guarantees of future payment amounts. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error.
- Assessment: Upon receipt of your Item, Company will review your consignment Item to confirm that it is authentic and that its condition is consistent with the description Client provided in Client’s original submission.
- Authentic Items in the Represented Condition. If Company determines that your consignment Item is authentic and in the condition described in your original submission, Company will proceed with your consignment item for listing on Website and Company’s other selling platforms. Company reserves the right to decide which selling platforms to list the consignment item.
- Authentic Items in Different Condition. If Company determines that your consignment Item is authentic but not in the condition described in your original submission, Company will email to you an updated consignment offer. Accessories (straps, locks and keys, dust bags, etc.) that were expected but not shipped by the Client may also result in Company emailing an updated consignment offer. If you accept Company’s updated consignment offer, then Company will continue to proceed with your updated consignment contract. If you reject Company’s updated consignment offer, then Company will return the consignment Item to Client after Client pays a handling fee of $50.
- Inauthentic Items. In Company determines that Client’s consignment Item is not authentic, then Company will proceed with the cancellation procedures for consignment Items. The Consignment item will be shipped back to Client after Client makes a mandatory handling fee of $50 to Company.
- Consigned Period: Each consignment item will originally consigned for 90 days starting the date of the consignment contract issued date. Client has to options to continue to consign the item for another 90 days or to request to return the item if the Item that has not been sold during the first 90 days of consignment. If the item still has not been sold on the second consignment period, Company will recommend lowering the consignment quote if Client asks to extend the contract for another 90 days, or Client can request the item to be shipped back to Client. Return shipping cost will be covered by Company ONLY if the current consignment period has expired. If Client requests to have item shipped back during consignment period, regardless of which period of consignment, Client is fully responsible for the return shipping cost.
- Term; Termination: The Terms and Conditions and Services Terms will be effective upon Client’s submission to Company of any Sale Item and will continue until terminated in accordance with the Terms and Conditions and Services Terms (hereinafter: “Term”). The Term of Consignment is 90 days. In case of an early termination of consignment contract, a handling fee charged to the Client of US $50 and the cost of return shipping label. The consigned item will be returned after Company receives the handling fee of $50. This fee is not negotiable and not refundable.
- Ownership: Client who would like to consign an item must have the item in possession and as well as is the owner of the consigned item. If Client is a boutique, please confirm that Client has the item(s) in Client's store at the time of submitting a quote. A quote will be declined if an item is found not in the Client's possession or the item does not belong to the Client.
- International sellers and consignors: International sellers and consignors will be fully responsible for the shipping, custom value, and the insurance of the package both ways.
1.9 Wholesale Purchase: wholesale purchases are eligible to approved wholesale account users. Company reserves the right to determine prices and discount percentages for all Items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Company reserves the right to cancel, delete, or suspend a discount without notification to Client. In terms of international orders, custom duty and taxes will be Client's own responsibility. Client is recommended to use a forwarding company to forward the package to Client's international address. However, the order will still be considered as an international order, which is non-returnable and non-refundable. Shipping fees, custom duty, taxes, and any fees occur during the transit of this order will be Client's own responsibility. Wholesale shipping follows a regular purchase’s shipping policy. Wholesale orders are not returnable or refundable. No cancellation will be accepted once a wholesale purchase is made. Wholesale orders must be paid via wire transfer or zelle quickpay.
II. General Provisions
2.1 Modifications. Company may modify the Services Terms at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of the Services Terms. If Company makes changes that are material, Company may use reasonable efforts to attempt to notify Client, including by email or placing a prominent notice on the Website. However, it is Client’s sole responsibility to review the Services Terms from time to time to view any such changes. Client’s continued access or use of the Services after the modifications have become effective will be deemed Client’s conclusive acceptance of the modified Services Terms. If Client does not agree with the modifications to the Services Terms, then please do not access or use the Services.
2.2 Violations. If Company believe Client is violating the Services Terms, Client may be subject to a range of actions, including limits on Client’s buying and selling privileges, restrictions on listings and account features, suspension of Client’s privileges to use authentication service, suspension of Client’s account, application of fees, and recovery of expenses for policy monitoring and enforcement.
2.3 Disputes. Client agrees that Company’s Terms and Conditions and Services Terms will govern any dispute between Client and Company under the Terms and Conditions and Services Terms.
2.4 Contact Us. retail Client may contact Company regarding the Services or the Terms by email at firstname.lastname@example.org. wholesale Client may contact Company regarding the Services or the Terms by email at email@example.com. The Terms and Conditions sets forth the entire understanding of the Client and the Company with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
Last revised Sep 15th, 2023