These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Luxis Baltic OÜ (“LUXCLUSIF”, “we,” “us” or “our”), concerning your access to and use of the www.store.luxclusif.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

1. Acceptance of Terms and Conditions

1.1.  By using the Site and/or our services, you expressly agree to these Terms and Conditions. If you do not agree or if you are not legally competent to agree to them, then you may not access or use the Site or our services.

1.2.  Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

1.3.  We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

1.4.  The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.5.  Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Website Capabilities

2.1.  The site is a business-to-business online store that sells pre-owned luxury goods such as bags, sunglasses, jewelry and other accessories.

2.2.  As a registered user, you can:2.2.1.Browse for products;

2.2.2.Compare products;

2.2.3.Check product specifications, availability and prices;

2.2.4.Identify pre-owned and partner-supplied stock;

2.2.5.Add products to Wishlist or to Shopping Cart;

2.2.6.Pay through different modes of payment;

2.2.7.Manage your account; and

2.2.8.Review order history.

3. User Registration

3.1.  You are required to register with the Site. An Account Manager will first evaluate you through an alignment call. The Account Manager will then create your account on the system and thereafter present to you your access details to be able to log in.

3.2.  You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. LUXCLUSIF shall not be held liable for any unauthorized use of your account and/or password.

4.User Representation

4.1.  By using the Site, you represent and warrant that:

4.1.1.    All registration information you submit will be true, accurate, current, and complete;

4.1.2.    You will maintain the accuracy of such information and promptly update such registration information as necessary;

4.1.3.    You have the legal capacity and you agree to comply with these Terms and Conditions;

4.1.4.    You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;

4.1.5.    You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

4.1.6.    You will not use the Site for any illegal or unauthorized purpose;

4.1.7.    Your use of the Site will not violate any applicable law or regulation.

4.2.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  This is without prejudice to any other right or remedy available to us under applicable laws.

 5. Buying Items

5.1.  The listing and presentation of a sales item on the Site is solely a request for you to submit an offer.

5.2.  To purchase a sales item on the Site, a registered user can click the “Add to Cart” button, to place said item into his or her shopping cart. A shopping cart can contain sales items from LUXCLUSIF or Partner-Suppliers. This is the first step of the buying process and not binding on any of the parties. Before the you submit a binding offer, you have the option of reviewing all information you provided and the sales items placed in the shopping cart and if necessary, of correcting and/or removing sales items out of the shopping cart. The user does not place a binding offer until clicking the “Buy” button. Following this, you will receive a confirmation of the receipt of your offer to buy. This confirmation does not constitute an acceptance of your offer by LUXCLUSIF on its behalf or on behalf of its partners.

5.3.  The sales contract between you and LUXCLUSIF is only concluded when we expressly declare the acceptance of your offer by sending you a shipping confirmation. Until you have received the acceptance of your offer to buy, you can cancel said offer at any time and without stating reasons by clicking “CANCEL” in you tracking tab. Payments you made are refunded. Interest for such payments is excluded. Your offer to buy can be refused without stating reasons. In this case, LUXCLUSIF will inform you of the non-acceptance of your offer via E-mail.

5.4.  Provided that LUXCLUSIF is acting as a seller on its own behalf, the sales contract between LUXCLUSIF and you is directly concluded with the acceptance of the offer in the form of a shipping confirmation sent via E-mail by us.

5.5.  You can find information about the current status of your purchases or offers in your user account.

5.6.    We offer voucher codes as part of marketing campaigns. Only the recipient of such a voucher is entitled to use it. Any transfer is prohibited. Only one voucher can be deducted per order or contract.

6. Payment

6.1.  Shipping costs depend on the logistics and shipping arrangement set forth in Section 7.2 and explained to you by the Account Manager during user registration.

6.2.  We currently offer the users the following methods of payment:

Credit Card

6.3.  You can choose from the listed payment methods. LUXCLUSIF reserves the right to add other payment methods in the future or to refrain from using payment methods which it currently offers.

6.4.  We reserve the right to exclude individual users from individual payment options.

6.5.  If a sales contract has been concluded, you are obligated to pay the purchase price for the sales item. The purchase price is immediately due.

7. Shipment and Delivery

7.1.  Delivery time will depend upon your location, the warehouse location, the product and the supplier. After payment is confirmed, goods owned by Luxclusif will be shipped within two (2) to three (3) days. Goods supplied by Partner-Suppliers will be shipped within three (3) to five (5) working days.

7.2.  The shipping costs are included in the products price, except if you have arranged a different shipping preferences with your Account Manager.

8. Return and Cancellation

8.1.  You have the right to return the item processed by LUXCLUSIF subject to the terms of this Section.

8.2.  Definition of terms

8.2.1.A Return happens when items that have been processed are to be sent back to LUXCLUSIF after they have been successfully delivered to you.

8.2.2.The return period starts from the date of delivery.

8.2.3.Date of delivery means the date when the item was successfully received by you or on your behalf.

8.2.4.Returns will be considered “Invalid” when items returned to LUXCLUSIF do not meet the Eligibility criteria in Section 8.3.

8.2.5.Return Security Tag (“RST”) is the white tag attached to all LUXCLUSIF products. Items are only valid for return if the RST is securely attached to the item.

8.3.  Eligibility

8.3.1.Eligibility by return reason:

i.    For undeclared damages, missing inclusions or authenticity issues, you must notify LUXCLUSIF of these issues within five (5) days from the date of delivery.

ii.    For change of mind or unsold items, you must notify LUXCLUSIF within thirty (30) days from the date of delivery.

8.3.2.The item/s must be physically in our warehouse within 15 days from date of notification. If no notification has been sent, the item/s must be physically in our warehouse within the validity period of 30 days from the date of delivery (this does not apply to undeclared damages or authenticity issues).

8.3.3.RST/Security Tag must still be attached to the item.

8.3.4.Item must not be damaged further than the recorded damage information.

8.3.5.Item must be returned with the exact, same inclusions it had when it was sent out.

8.4.  Any return not complying with the requirements above will be considered an “Invalid Return” and will be considered sold.

8.5.  Notification and shipping

8.5.1.LUXCLUSIF must be notified of the return through sending an email to your account manager or sales@luxclusif.com within the allowable return period stated above.

8.5.2.The following information must be stated on the return notification:

i.        Order number

ii.        SKU

iii.        Reason for return

8.6.  Shipping fees will be shouldered by LUXCLUSIF in cases of misrepresentation or authenticity issues. You shall shoulder the shipping costs for reasons other than the aforementioned.

8.7.  Item/s for return shall only be sent to the following addresses. We do not accept requests for pick-up at a post office or a parcel locker.

8.8.  Items for return should be packed well, safe from hazardous chemicals and have complete documents before shipping.

8.9.    Reconciliation

8.9.1.When an item is received by our warehouse, it will pass through our Quality Control Team for checking to determine its final disposition. You may contact the Account Manager or our Customer Service department for the status of the return through the following email: ______________.

8.9.2.If a return is deemed INVALID, the Account Manager will notify you that an INVALID RETURN was sent back to us.

i.    Paid items shall not be refunded.

a) You are expected to shoulder the shipping costs incurred to claim these items back within 30 days from the date the item arrived in our warehouse.

b) Ownership of unclaimed items after the said 30 days will revert back to LUXCLUSIF.

ii.    For unpaid items:

a) LUXCLUSIF will ship the items back immediately.

b) LUXCLUSIF will invoice the client for these invalid returns, including shipping costs, with 30-days payment terms.

9. Prohibited Activities

9.1.    You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

9.2.    As a user of the Site, you agree not to:

9.2.1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

9.2.2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

9.2.3. Use a buying agent or purchasing agent to make purchases on the Site.

9.2.4.Use the Site to advertise or offer to sell goods and services.

9.2.5.Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

9.2.6.Engage in unauthorized framing of or linking to the Site.

9.2.7.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

9.2.8.Make improper use of our support services or submit false reports of abuse or misconduct.

9.2.9.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

9.2.10.Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

9.2.11.Attempt to impersonate another user or person or use the username of another user.

9.2.12.Sell or otherwise transfer your profile.

9.2.13.Use any information obtained from the Site in order to harass, abuse, or harm another person.

9.2.14.Use the Site as part of any effort to compete with us or otherwise use the Site and/or its content for any revenue-generating endeavor or commercial enterprise.

9.2.15.Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

9.2.16.Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

9.2.17.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

9.2.18.Delete the copyright or other proprietary rights notice from any content.

9.2.19.Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

9.2.20.Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

9.2.21.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

9.2.22.Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

9.2.23.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

9.2.24.Use the Site in a manner inconsistent with any applicable laws or regulations.

10. Right of Use

10.1.    The user transfers a non-exclusive, at any time revocable, free, unlimited, worldwide, sub-licensable right of use for the use of the contents on but not limited to the Site to LUXCLUSIF for the contents (such as product photographs/item photographs, item descriptions, profile pictures, comments, etc.) posted by the user. In particular, the right of use includes the right of making contents publicly available on mobile and stationary end devices, the right of reproduction, the right of distribution as well as the right of broadcasting

11. Warranty

11.1.LUXCLUSIF does not grant any warranty for defects for sales items sold by LUXCLUSIF. Furthermore, LUXCLUSIF does not issue any guarantees.

11.2.In inspecting sales items as to whether or not they are originals or fakes, LUXCLUSIF will perform this task diligently in the form of an external visual inspection using appropriately trained personnel. LUXCLUSIF does not owe any other measures. LUXCLUSIF expressly indicates that especially elaborate fakes can only be distinguished from the respective brand-name product with considerable efforts and therefore, be recognized as fakes. Therefore, LUXCLUSIF does not assume any liability in regard to the sales item actually being original merchandise or a brand-name product. The inspection by LUXCLUSIF does not lead to the user being able to assert any liability claims against LUXCLUSIF; the inspection is not a task in line with a contract with protective effect or for the benefit of third parties.

11.3.LUXCLUSIF does not assume any liability for external content or links to other media on the Site.

12. Data Privacy

12.1.By using the Site, you agree to be bound by our Privacy Policy, available in the following link: https://www.luxclusif.com/privacy-policy.

13. Intellectual Property

13.1.Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and international conventions.

13.2.The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

13.3.Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

14. Site Operation and Management

14.1.We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

14.2.We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

14.3.We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

14.4.We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

14.5.Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

14.6.We reserve the right, but not the obligation, to:

14.6.1.Monitor the Site for violations of these Terms and Conditions;

14.6.2.Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

14.6.3.In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;

14.6.4.In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

14.6.5.Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

15. Governing Law

15.1.These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Estonia applicable to agreements made and to be performed in any country, without regard to its conflict of law principles.

16. Disclaimer

16.1.The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

16.2.As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

17. Limitation of Liability

17.1.In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

18. Indemnification

18.1.You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

18.2.Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. Miscellaneous

19.1.These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision, or any other right or provision.

19.2.These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

19.3.If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

19.4.There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

19.5.You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Last updated: August 08, 2021