TERMS OF USE

LAST REVISION: March 10, 2023

OVERVIEW

This website is operated by Luxybit, Inc. (“Luxybit” or “we” or “us”). These Terms of Use (“Terms of Use” or "terms") conduct your use of the website located at https://www.luxybit.com/ (the "Website" or “site”), including all information, tools, features, hyperlinks, widgets and/or services (collectively the “Services'') offered by Luxybit, Inc.

Luxybit offers Services through which you can sell new and pre-owned luxury items (the “Sale Items'') after receiving (a “Preliminary Direct Purchase Offer”) from Luxybit, or buy new and pre-owned luxury items by completing check-out on the Luxybit site. You must agree to the following terms in order to use the Luxybit Services and/or the Luxybit Website.

By visiting our site and selling something to us or purchasing something from us, you engage in our “Services” and agree to be bound by the following Terms of Use, including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Use apply to “you” or “your” and all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these terms carefully before accessing or using our site. By accessing or using any part of the site, you agree to abide by these Terms of Use. You acknowledge that the terms and conditions of this agreement are in electronic form and have the same full force and effect as an agreement in writing. All users of the Service must accept and comply with the terms and conditions set forth herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use Luxybit's Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Services or access to the website following the posting of any changes constitutes acceptance of those changes. If you have any questions about these Terms of Use, please contact us via email at: customerservice@luxybit.com

1. ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. ABOUT THE SERVICE

  1. Overview. Luxybit provides an online storefront for buying and selling authentic, pre-owned luxury handbags, accessories, jewelry, watches and shoes.
  2. Privacy Policy. Our privacy practices in operating the Services are described in our Privacy Policy located at https://luxybit.com/pages/privacy-policy (“Privacy Policy”). Please review the Privacy Policy to learn about: 
  • what information we may collect about you;
  • what we use that information for;
  • what third party information, if any, you are agreeing to share by using the Services; and
  • with whom we share that information
  1. Seller Terms and Conditions. Our terms and conditions governing your sale of goods on the Service are described in our Seller Terms and Conditions located at https://luxybit.com/pages/new-seller-terms-and-conditions (“Seller Terms and Conditions”), which are incorporated herein by reference. Please read the Seller Terms and Conditions to learn about terms and conditions relating to:
  •  pricing, assessment;
  •  authenticity of goods, condition, cancellation of sales;
  •  promotions, bonuses;
  •  payments for goods; and
  •  contract terms for the sale of goods.
    1. Return Policy. Our terms and conditions governing your return of goods on the Services are described in our Return Policy located at https://luxybit.com/pages/returns (“Return Policy”), which are incorporated herein by reference. Please review the Return Policy to learn about terms and conditions relating to:
    •  item condition and tag requirements for returns;
    •  email request for returns;
    •  shipping of returns; and
    •  payments for returns.
      1. Shipping Policy. Our terms and conditions governing your shipping of goods on the Services are described in our Shipping Policy located at https://luxybit.com/pages/shipping (“Shipping Policy”), which are incorporated herein by reference. Please review the Shipping Policy to learn about terms and conditions relating to:
      •  outbound shipping of goods;
      •  delivery policies; and
      •  order changes.

      3. GENERAL CONDITIONS

      We reserve the right to refuse Services to anyone for any reason at any time.

      You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

      You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.

      The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

      4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

      We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

      This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

      5. MODIFICATIONS TO THE SERVICES AND PRICES

      Prices for our products are subject to change without notice.

      We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

      We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

      6. PRODUCTS OR SERVICES

      Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

      We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

      We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this site is void where prohibited.

      We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

      7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

      We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

      You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

      For more detail, please review our Returns Policy.

      8. 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 website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Use.

      9. THIRD-PARTY LINKS

      Certain content, products and services available via our 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.

      10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

      If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

      We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

      You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

      11. PROHIBITED USES

      In addition to other prohibitions as set forth in the Terms of Use, 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 Services or any related website for violating any of the prohibited uses.

      12. PERSONAL INFORMATION

      Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.

      13. ERRORS, INACCURACIES AND OMISSIONS

      Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

      We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

      14. LIMITED AUTHENTICITY WARRANTY

      Luxybit offers a promise of authenticity on every item it sells. The time frame for you to make a claim and your remedy for a claim based upon Luxybit's promise of authenticity are limited. To make a claim, you must return the item to Luxybit within 30 days from the date your package was delivered in accordance with Luxybit's Return Policy, which is incorporated by reference. Your sole and exclusive remedy for a claim based upon Luxybit's promise of authenticity is a refund of the purchase price.

      15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

      Except for the Limited Authenticity Warranty described in Section 14 above, the Services and all included content are provided on an "as is" basis without warranty of any kind, whether expressed or implied, and to the fullest extent permissible under applicable law, Luxybit 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.

      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 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 Services 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 LUXYBIT, 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 Services, 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.

      16. DISPUTE RESOLUTION

      Any dispute, claim or controversy between you and Luxybit 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 16.

      Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

      Notwithstanding the above, you and Luxybit agree that (a) any dispute that may be brought in small claims court may be instituted in small claims court in King County, Washington instead of being resolved through arbitration, and (b) either party may seek injunctive relief in any court of competent jurisdiction to (I) enjoin infringement or violation of either any use restrictions contained in these terms, or a party's intellectual property rights; or (II) enjoin scraping, web crawling or unauthorized access to either Luxybit's site or Services.

      If you have a Dispute with Luxybit, you must send written notice describing the Dispute to Luxybit to allow Luxybit an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following email: customerservice@luxybit.com; or send a letter by mail to: Luxybit, Attention Legal, 1100 Bellevue Way NE, Suite 8A #586 Bellevue, WA 98004. 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 Luxybit 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).

      Any arbitration, if required, will be administered by the American Arbitration Association (“AAA”).  Except as this Section 13 expressly provides otherwise, AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules govern the Dispute resolution process. If the amount of any claim in an arbitration is US$10,000 or less, Luxybit will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to AAA with your Demand for Arbitration, and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Luxybit will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Luxybit for all fees associated with the arbitration paid by Luxybit on your behalf, which you otherwise would be obligated to pay under AAA’s rules. 

      The arbitration shall be held in King County, Washington. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

      You and Luxybit each waive all rights to conduct dispute resolution proceedings in a class action or consolidated action. You and Luxybit 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 unwaivable under, state law. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

      If any clause within this Section 16 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 16, and the remainder of this Section 16 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 16 will be unenforceable, and the Dispute will be decided by the courts of the state of Washington, King County, or the United States District Court for the Western District of Washington, and the parties irrevocably submit to the exclusive jurisdiction of such courts.

      17. 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.

      18. INDEMNIFICATION

      You agree to indemnify, defend and hold harmless LUXYBIT 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 of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

      19. GOVERNING LAW AND VENUE

      Your use of the Services shall be governed by, and this agreement shall be governed by and construed in accordance with, the laws of the state of Washington, USA, without regard to principles of conflict of laws. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in King County, Washington, USA.

      As the exclusive venue for any lawsuit that arises out of or relating to this Terms of Use agreement or the Services, and that may be brought in court under section 15 shall be King County, Washington (If the claim arises under state law) and the Western District of Washington (If the claim arises under Federal Law). The venue for any claim that must be brought in an arbitration forum shall be as set forth in section 16.

      20. SEVERABILITY

      In the event that any provision of these Terms of Use 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 of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

      21. TERMINATION

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

      These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use 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 of Use, 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).

      22. ENTIRE AGREEMENT

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

      These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Services constitutes 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 of Use).

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

      23. CHANGES TO TERMS OF USE

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

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

      24. CONTACT INFORMATION

      Questions about the Terms of Use should be sent to us at: customerservice@luxybit.com