Terms and Conditions
www.theluxurypop.com (the “Site”) and services (collectively the Site and services are referred to as “Services”). Read these Terms carefully.
You may use the Services only if you can form a binding contract with The Luxurypop, and only in compliance with these Terms and all applicable laws. If you create an account, you must provide The Luxurypop with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are authorized to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur from your account, whether or not authorized by you. You must immediately notify The Luxurypop of any unauthorized use of your account credentials or any other breach of security which you become aware of. The Luxurypop will not be liable for any loss or damage arising from your failure to comply with this section.
In the event that the seller does not pick his/her items from Luxurypop , it is considered saleable under Luxurypop consignment terms.
If the item is sold and the seller is not reachable, the item is still considered sold and seller gets paid the previously agreed upon amount for the preowned item. Luxury pop is not liable for any misunderstandings on the part of the seller.
2.Grant of Limited License.
Subject to your strict compliance at all times with these Terms and all applicable laws, The Luxurypop grants you a personal, limited, non-exclusive, non-transferable, and revocable license to access the Services for personal (non-commercial) use (the “License”). The Luxurypop may revoke or terminate the License granted in its sole discretion, at any time. All rights and licenses not expressly granted to you in these Terms are retained by The Luxurypop.
3.Copyright and Trademark
All information and content available on or through the Services, including but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of The Luxurypop or its content supplier(s) and protected by the United States and international copyright laws and other intellectual property laws. The compilation of all Content on the Site is the exclusive property of The Luxurypop.
Any ideas, questions, comments, suggestions, or feedback regarding any Services (“Feedback”) which that you send to The Luxurypop is non-confidential and shall become the sole property of The Luxurypop. We have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback, and The Luxurypop is free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
Third-Party Links, Sites, and Services.
The Services may contain links to third-party websites, services, or content not owned or controlled by The Luxurypop. We do not endorse or assume responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Services, you do so at your own risk and agree that The Luxurypop will have no liability arising from your use or access to any third-party website, service, or content.
General Obligations and Restrictions
You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Services for any purpose. Moreover, you agree that you will NOT do the following:
You agree to hold harmless, defend, and indemnify The Luxurypop from all liabilities, claims, demands, and expenses (including, but not limited to, reasonable attorneys’ fees and costs), that are due to, arise from, or otherwise relate to your conduct, use, or misuse of the Services, including without limitation, any actual or threatened lawsuit, demand or claim made against The Luxurypop by a third party that arises out of or relates to (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms, or (iii) your use of the Services. The Luxurypop may assume exclusive control of any defence of any matter subject to indemnification by you, and you agree to cooperate with The Luxurypop in such event.
8.Payment Authorization; Pricing Errors
If you purchase an item or items, you authorize The Luxurypop to charge the credit card or other payment account provided and receive payment from your credit card or other payment account provided. You agree to pay for your purchase(s) in accordance with the issuing bank cardholder or account agreement. You certify that you are an authorized user of the credit card or other payment account provided. You agree you are responsible for any insufficient funds or charge-back fees, and you authorize The Luxurypop to charge the credit card or other payment account provided for such fees. You understand and acknowledge typographical errors or mistakes regarding product pricing information (“Pricing Error”) may occur from time to time. You irrevocably authorize The Luxurypop to cancel any order you place that contains a Pricing Error (as determined by The Luxurypop in its sole discretion), even if payment has been received or your credit card has been charged for the order. The Luxurypop will notify you of the Pricing Error and order cancellation. The Luxurypop will refund the full payment amount received (if any) for an order cancelled due to a Pricing Error, or if your credit card has been charged for a cancelled order due to a Pricing Error, The Luxurypop will issue a credit to your credit card in the amount of the charge for the cancelled order.
9.Limited Authenticity Warranty
The Luxurypop guarantees the authenticity of every item it sells. The time frame for you to make a claim and your remedy for a claim based upon The Luxurypop’s guarantee of authenticity are limited. To make a claim, you must place the return request of the item to The Luxurypop within 24 hours of your receipt of the item in accordance with The Luxurypop Return Policy, which is incorporated by reference. You are responsible for the cost of shipping to return the item to The Luxurypop. Your sole and exclusive remedy for a claim based upon The Luxurypop’s guarantee of authenticity is a refund of the purchase price, excluding shipping costs, you paid for the returned item in accordance with The Luxurypop Return Policy.
EXCEPT FOR THE LIMITED AUTHENTICITY WARRANTY DESCRIBED IN SECTION 9 ABOVE, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LUXURYPOP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE;
11.Limitation of Liability
IN NO EVENT SHALL THE LUXURYPOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES; (II) ANY INABILITY TO USE THE SERVICES FOR WHATEVER REASON; OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE LUXURYPOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND THE LUXURYPOP RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION 12.
ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
If you have a Dispute with The Luxurypop, you must send written notice describing the Dispute to The Luxurypop to allow The Luxurypop an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: The Luxurypop, Attn: Legal Department, T-3 third floor, Pinnacle Business Park, Mahakali caves road, Shanti nagar, Andheri East, Mumbai - 400093 If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided. If the Dispute is not resolved within 30 days from receipt of notice of the Dispute, you or The Luxurypop may proceed to have the Dispute resolved through arbitration as each party’s exclusive Dispute resolution process (except for the limited exceptions set forth above).
YOU AND THE LUXURYPOP EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND THE LUXURYPOP EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNDER LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
13.Time Limitation on Claims
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one-year period will be forever barred.
14. General Provisions
If any part of these Terms are held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. If we do not enforce a breach of these Terms, that does not mean that The Luxurypop has waived our right to enforce the Terms against you or others. You may not assign or transfer these Terms (or your Account or License to use the Services) to anyone without The Luxurypop’s written consent. However, you agree that The Luxurypop may assign these Terms without notice or consent. There are no third party beneficiaries to these Terms, other than as explicitly provided herein. These Terms supplement and are in addition to terms and conditions for buyers, sellers, and cosigners found on the website at www.theluxurypop.com . If there is a conflict, these Terms govern and supersede any conflicting terms or conditions for buyers, sellers, and cosigners.
15. COMPANY POLICY
This section describes workplace policies that apply to everyone at our company. These policies help us build a protective, lawful and pleasant workplace.
16. CONFIDENTIALITY AND DATA PROTECTION
We want to ensure that private information about clients, employees, partners and our company is well protected.
An Employee Must
1) Lock or secure confidential information about our customers at all times.
2) Only disclose information to other employees when it's necessary and authorized
3) Keep confidential documents inside our company’s premises unless it’s absolutely necessary to move them
An Employee Must Not
1) Use confidential information (Company’s data) for their personal benefit or profit
2) Disclose confidential information (our customers) to anyone outside of our company
3) Replicate confidential documents or customer’s information
16. NOTICE OF RESIGNATION
If you have decided to resign from your job, it is mandatory to provide your employer with two weeks notice. Whatever your reason for leaving, two weeks gives an employer enough time to come up with plans to cover your absence We ask employees to submit a written, signed notice of resignation for record keeping purposes. The notice period starts from the moment an employee submits an official notice. In any case, an employee is not able to serve the notice period, he/she is liable to pay the company compensation of the loss occurred.WE RESERVE THE RIGHT TO TERMINATE EMPLOYEES WHEN THEY DON’T ADHERE TO OUR POLICIES OR THOSE WHO PLACE OUR COMPANY AT RISK.