Terms of Use

LUXURY X-CHANGE, LLC

TERMS OF USE

Effective Date: March 4, 2022

Dear user (“youor your”) 

Dear user, 

Luxury X-Change, LLC (“Luxury X-Change”, “we”, “us” or “our”) enables users (“you” or “your” or “user” or “users” or “subscriber” or “subscribers”) to access the widest selection of new season, pre-owned or vintage luxury handbags by subscription (the “Products” or the “Services” or the “Products and Services”). These Terms of Use (the “Terms”) govern your access to and use of the Luxury X-Change website (the “Site” or the “Platform”) and your Luxury X-Change membership including temporary ownership of our handbags as a member. 

This Site is operated by Luxury X-Change. By visiting this Site, or providing your information to us, you are accepting these Terms and those of our Privacy Policy (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference. 

We may, at our sole discretion, modify or revise these Terms at any time by updating the text of this page without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review the Terms. Your continued access, use, or browsing on this Site following the posting of changes to the Terms, means you accept those modifications or revisions. 

AGE 

Any use or access by anyone under the age of 18 is prohibited. Users must be at least 18 years of age to create an account on our Site and use the Services. 

REGISTRATION

To use some of the services or features made available to you on this site you will need to register for an account. When you register for an account you are requested to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us at the following email address hello@luxuryx-change.com.


Here are the benefits you will be able to enjoy by registering with us for an LX account :


* Track your orders and review past purchases
* Build a Wish List
* Select your favorite designers
* Save your address and card details to shop even quicker next time
* Manage your account details address book and email preferences
* Receive the latest news and new-entry items

To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure.


Eligibility to make purchases
The purchase of merchandise through the Luxury X-Change is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to make purchases on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address, and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Luxury X-Change terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Luxury X-Change, and who have authorized Luxury X-Change to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
By purchasing merchandise, you expressly authorized us to perform credit checks and, where Luxury X-Change feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Orders


All orders are subject to acceptance and availability, and Items in your shopping basket are not reserved and may be purchased by other customers.
You may choose to register your email address for notification of the arrival of the selected merchandise not held in stock. Luxury X-Change offers products for sale that are in stock and available for dispatch within 24 to 48 hrs.
Please note that on occasion certain products that are in particularly high demand will sell out within a short time.

Payments


All payments on our site are in US Dollars. We have the right to confirm if your debit/credit card or other payment method is legitimate and has sufficient funds/credit to cover your payments.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Regardless of your shopping destination and the currency you shop in, your purchase may be processed by one of our regional affiliate companies in which case your bank may charge you an international transaction fee.
Luxury X-Change is not responsible for any such fee or charge.

Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.

FEEDBACK

You are under no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable, license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

INTELLECTUAL PROPERTY 

The Services and all aspects of Luxury X-Change’s websites, software applications, and mobile applications, including, without limitation, its graphics, text, software, algorithms, functionality, inventions, concepts, images, sound, music, videos, marks, logos, compilations, content, and technology used to deliver the Services or otherwise embodied in other intellectual property in such material (collectively, “Intellectual Property”) is the property of Luxury X-Change protected by copyright, trademark, patent and other intellectual property or proprietary rights. The work includes works that are licensed to Luxury X-Change and all rights thereto are specifically reserved. Additionally, any formats, templates, methodologies, rules, algorithms, and software used to create User Content are our Intellectual Property. 

Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation, or disassembly of our Intellectual Property is prohibited. You acknowledge that our Intellectual Property has been created, compiled, developed, and maintained by us at great expense of time and money such that misappropriation or unauthorized disclosure or use of our Intellectual Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of these Terms, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph

Except as may be otherwise indicated, you are authorized to view, play, print, and download documents, audio, and video found on our Site for personal, informational, and non-commercial purposes related to placing an order on the Site. Any other use of any content included on the Site is strictly prohibited unless you first obtain our prior written consent. 

You may not use, copy, distribute, transmit, display, post, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work or modify any of the materials contained on this Site in any way including without prior written consent. 

The Products and Services may also feature the trademarks, service marks, and logos of third parties, and images and information promoting or otherwise relating to the products of third parties (collectively, “Third Party Property”). Each owner retains all rights in his, her or its Third- Party Property. Any use of Third-Party Property, or any other marks, logos, images, or information displayed on the Service, will inure solely to the benefit of their respective owners. Luxury X-Change is not endorsed, sponsored, or approved by, or otherwise affiliated with, any of the brands, brand owners, or representatives thereof featured on the Products and Services or our Site. 

OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

THIRD-PARTY LINKS 

Certain content, products, and services available via our Site and Products and Services may include materials from third parties. 

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third- party. 

PERSONAL INFORMATION 

Your submission of personal information through the Site is governed by our Privacy Policy. 

ERRORS, INACCURACIES, AND OMISSIONS 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to our Service. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel payments if any information on our Site or in the Services or on any related website that is inaccurate at any time without prior notice. 

We undertake no obligation to update, amend or clarify information on or related to the Site and Service, except as required by law. 

PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and our Services or any related website for any of the aforementioned violations. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free. 

We do not warrant that the results that may be obtained from the use of the Site or our Services will be accurate or reliable. 

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Products and Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Luxury X-Change, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless the Luxury X-Change and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party. 

SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

GOVERNING LAW 

By visiting our Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Site. 

Any and all disputes or controversies arising under or relating to the interpretation or application of the terms of this Agreement or any extension or modification thereof, or the asserted breach thereof by any Party, shall be resolved through final and binding arbitration in New York City, New York, by a single arbitrator to be chosen by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the party found to have violated this Agreement, grant in his award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each party shall be responsible for its own attorneys’ fees. 

CHANGES TO TERMS OF USE 

You can review the most current version of the Terms at any time on this page. 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes. 

-CONTACT INFORMATION

Questions about the Terms should be sent to us at hello@luxuryx-change.com