Terms and Conditions
Terms and Conditions
Introduction
These Terms and Conditions (Hereinafter: “Terms”) govern your use of the website located at https://www.luxcellent.com (The “Website”) 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”). The visitors, the customers, and/or any individuals (Hereinafter: “Client”) that use the Services and/or the Website agree with this Terms.
By using the Services and the Website, Client accepts all of the provisions of the Terms (and any additional terms incorporated herein) and represent to Company that you are legally competent to enter into and agree to these terms of use. If Client does not accept the Terms, then Client is not authorized to use any of Company’s Website and Services.
For purposes of the Terms, “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.
The Terms describe Client’s responsibilities, Company’s liability and the liability of third parties related to the Services. All users of the Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time. Client’s use of the Services is subject to those additional terms and conditions. If Client has any questions regarding these Terms of Use, please contact Company via email at info@luxcellent.com.
About The Company
LUXCELLENT® is operated by NYC Fashion Revival LLC. NYC Fashion Revival LLC is registered with the State of New York. The Company can be contacted by email at info@luxcellent.com.
I. The Terms
1.1 Overview: Company provides an online destination for purchasing, selling, and consigning authentic pre-owned luxury handbags and accessories.
1.2 Privacy Policy: Our privacy practices in operating the Services are described in our Privacy Policy located at https://www.luxcellent.com/pages/privacy-policy. Please review the Privacy Policy to learn about:
- What do we do with your information;
- Your consent;
- Disclosure of personal information by law;
- Shopify, the host and server of our website;
- Third-party services;
- Security of your personal information;
- Cookies;
- Age of consent;
- Changes to the privacy policy.
- Online purchase with the Company;
- Consignment and buyout fees, prices, and discounting;
- Buyout with Company;
- Authentication service;
- Authenticity of goods and cancellation of sales;
- Payments for goods, consignment, and buyout;
- Wholesale;
- Refund policy;
- Return policy.
II. Account Registration
2.1 Registration: To register an account on the Services, Client must be able to form legally binding contracts (for example, Client cannot use the Services if you are under 18 years old or the age of legal majority in your jurisdiction). Client does not need to create an account on the Services (a “User Account”) to use the public features of the Services, however, Client needs an User Account to receive new item and discount alerts, use account balances and/or discount codes towards purchases of goods, add items to Client’s product wish list, and manage shipping and tracking information. Client may create a User Account by completing the registration process set forth on the Website. Client is responsible for providing and maintaining current Client accurate contact information, which may include name, email address, shipping address, phone number, payment information, and other account information. Telephone calls and email correspondence with LUXCELLENT® may be recorded or monitored.
2.2 Authorized Users. Client is the sole authorized user of Client’s User Account. Client is responsible for maintaining the confidentiality of any password and account name/number provided by Client or LUXCELLENT® for accessing the Services. Client is solely and fully responsible for all activities that occur under Client’s password or account. LUXCELLENT® has no control over the use of Client’s or any user’s account and expressly disclaims any liability derived therefrom. Should Client suspects that any unauthorized party may be using Client’s password or account or Client suspects any other breach of security, Client will cease all use and contact LUXCELLENT® immediately by emailing us at info@luxcellent.com
III. Disclaimer, Warranties, and Limitation of Liability
3.1 Limitation of liability: The Company shall not be liable for any deficiency including but not limited to any omissions, mistakes, erroneous attributions, authenticity issues in the consignment as a consequence of external circumstances, circumstances regarding the item(s) being authenticated, the Client failing to provide full and accurate information, and by any other factor that cannot be identified by a reasonable inspection of the photographs and other information received from the Client. To the extent not prohibited by law, Client agrees that in no event will Company be liable (a) for damages of any kind, including direct, indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the services), however caused and under any theory of liability, whether under these terms of use or otherwise arising in any way in connection with the services or these terms of use and whether in contract, strict liability or tort (including negligence or otherwise) even if Company has been advised of the possibility of such damage, or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these terms of use or the delivery, use or performance of the services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so that above exclusion or limitation may not apply to Client. Company’s total liability to Client for any damages finally awarded shall not exceed the total amount paid by Client in connection with either purchase of goods via the Services or for use or sale of goods via the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
3.2 Essential Terms: Client agrees that the above limitations of liability together with the other provisions in these Terms and Conditions that limit liability are essential terms of these Terms and Conditions and that Company would not be willing to grant Client the rights set forth in these Terms and Conditions but for Client’s agreement to the above limitations of liability. Client is agreeing to these limitations of liability to induce LUXCELLENT® to grant Client the rights set forth in these Terms and Conditions
3.3 Indemnification: The Client Shall indemnify the Company and its contractors, employees and officers against all liabilities and expenses incurred by them as a result of any breach of this Terms of arising from related claims by third parties in connection with the Services provided. Should the Client breach this Terms by using the Services for prohibited or illegal purposes, 1) the Terms shall be terminated with immediate effect and the Client shall not be entitled to any refund, 2) the Client’s rights to the Services on Website shall be revoked, and 3) the Client and Company shall destroy all Services obtained/given. There shall be no further liability of the Company to the Client from the date of termination of the Terms.
3.4 Severance: In the event that any part of the Terms should be held to be unenforceable for any reason, that term shall be deemed to be not part of the Terms, the remaining portions of the Terms shall remain in full force and effect.
3.5 Force Majeure: Neither party shall be liable in damages or have the right to terminate this Terms for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to acts of God (such as but not limited to fires, explosions, earthquakes, drought, title waves and floods); wars or hostilities, insurrections, revolutions, civil war, invasions, or acts of enemies (whether war be declared or not); riots, strikes, lock-outs or disorder; acts or threats of terrorism; and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).
3.6 Acceptable Use Policy: The Client is solely responsible for complying with all applicable laws in all of your actions related to your use of Company’s Services, regardless of the purpose of the use.
3.7 Warranties: The Services are provided to The Client on an “as is” basis without any warranties of any kind. The Company and its employees, contractors, and/or officers that performing the Services to the fullest extent permitted by law, disclaim all warranties with regard to the authenticity opinions and inspection, including without limitation, the warranty of merchantability. The Company and its employees, contractors, and/or officers make no warranties about the accuracy, reliability, completeness, or timeliness of all processes of Services.
IV. Ownership
4.1 Intellectual Property: The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. Client acknowledges and agrees that Company and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and Client agrees not to take any action(s) inconsistent with such ownership interests. Cilent do not acquire any rights or licenses under any of Company’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of the Terms. Client acknowledges and agrees that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Company (or its licensors), and accordingly Client agrees to (a) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care Client uses to protect Client’s own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Company and (b) only use such information for the purposes of using the Services provided by Company hereunder.
4.2 Feedback. Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Company by Client (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Company or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Company. Client acknowledges and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Company and Company may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to Client and without retention by Client of any proprietary or other right or claim. Client hereby assign to Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that Client may have in and to any and all Feedback and Revisions. At Company’s request, Client will execute any document, registration or filing required to give effect to the foregoing assignment.
V. Arbitration and class action waiver
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). You may opt out of the arbitration agreement by following the opt out procedure described below.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If above Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial.
A Informal Process as Priority. Client agrees that in the event of any dispute between Client and Company, Client will first contact Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to Client’s use of the Services and/or Company’s products, including the Services, or relating in any way to the communications between Client and Company or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to Client and Company. However, this arbitration agreement does not (a) govern any Claim by Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in the Terms or (b) bar Client from making use of applicable small claims court procedures in appropriate cases.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties (Client and Company) agree otherwise, arbitrators can award the same damages and relief that a court can award. Client agrees that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that Client and Company are each waiving the right to a trial by jury or to participate in a Class Action. This arbitration provision will survive any termination of the Terms and Conditions.
If Client wishes to begin an arbitration proceeding, after following the informal dispute resolution procedure, Client must send a formal electronic letter requesting arbitration and describing your claim to info@luxcellent.com. The administration of arbitration will be determined by the Company after a formal electronic arbitration requesting letter is received.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where the Company’s headquarter is located or at another mutually agreed location. Otherwise, the arbitration will be conducted in New York, NY. The arbitration will be conducted in the English language. New York law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the designated arbitration party. Client and Company will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if the applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this Section V.2 to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration or to decline to do so and have the matter resolved through the courts.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
If you do not want to arbitrate disputes with Company and Client is an individual, Client may opt out of this arbitration agreement by sending an email to info@luxcellent.com within thirty (30) days of the first of the date Client accesses or uses the Services.
VI. General Provisions
6.1 Modifications. Company may modify the 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 bottom of the Terms. If Company makes changes that are material, Company may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is Client’s sole responsibility to review the Terms from time to time to view any such changes. Client continued accesses or uses of the Services after the modifications have become effective will be deemed Client’s conclusive acceptance of the modified Terms. If Client does not agree with the modifications to the Terms, then please do not access or use the Services.
6.2 Termination. If Client breaches any of the terms of the Terms, all licenses granted by Company, including permission to use the Services, will terminate automatically. Additionally, Company may suspend, disable, or delete Client’s User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Company deletes Client’s User Account for any suspected breach of the Terms by Client, Client is prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, Company may, but is not obligated to, delete any of Client’s Content. Company shall not be responsible for the deletion of (or failure to delete) Client Content. All sections which by their nature should survive the termination of the Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Company or Client. Termination will not limit any of Company’s other rights or remedies at law or in equity.
6.3 Export Laws. Client agrees that Client will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, Client represents and warrant that Client is not located in any such country or on any such list. Client also agrees that Client will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. Client is responsible for and hereby agree to comply at Client’s sole expense with all applicable United States export laws and regulations.
6.3a Taxes. Client is solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with the Terms by any authority.
6.3b Injunctive Relief. Client agrees that a breach of these Terms of Use will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages
6.3c Contact Us. Client may contact Company regarding the Services or the Terms by email at info@luxcellent.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.
VII Disclaimer:
and LUXCELLENT® are registered trademarks of NYC Fashion Revival (hereinafter: "NYCFR"). LUXCELLENT® is operated by NYCFR. Any kind of use of the aforesaid registered trademark of NYCFR should be subject to a written consent of NYCFR. NYCFR is an independent company and is not an affiliate, agent, employee or legal representative of any designer brand and/or brand name. This website and any information (including but not limited to the product information, hereinafter the "Information") are provided “as is" and to the extent permitted by law, without any kind of (express or implied) guarantee, commitment or liability. Except in case of willful misconduct, is not liable for any damages that are caused by or in connection with the use of the Information. 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 products being sold and/or has sold on LUXCELLENT® website have not been verified by and is not provided by the designer brand/or brand name and that the designer brand/or brand name does not guarantee the products being sold and/or have sold are genuine. LUXCELLENT® is a third-party company offers experiences and opinions on LUXCELLENT®'s study of preowned designer brand/or brand name. The authenticity and verification of products are opinions of LUXCELLENT®. The opinion of authenticity should not be used as a guarantee.
Last revised: May 4th, 2020