If you have any additional questions, you may refer to the help section of the Website, or contact us.
- Company Services
The Service provides a mobile and online marketplace for fashion items, shoes, and accessories in which users can buy and browse goods.
- Service and Site Content
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the Site, (collectively, the “Site Content”) are proprietary to LuxHave or to third parties. In connection with your use of the Service you agree NOT to engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. All software used on the Site is proprietary to LuxHave or to third parties, and any use, redistribution, sale, reverse engineering, disassembly, translation or other reduction of such software to humanreadable form is prohibited.
The marks “LUXHAVE” and the LuxHave logos are registered or unregistered trademarks of LuxHave, and they may not be used in connection with any service or products other than those provided by LuxHave, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LuxHave. Any use of such marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on the Site are the property of their respective owners and may not be used without permission.
See Section 15 for more information on LuxHave’s intellectual property.
- Member Content
Responsibility for Member Content
License to LuxHave
Further, to the extent that you may choose to communicate such items to another user in the LuxHave community, you act completely at your own risk and LuxHave will in no way be responsible for ensuring that the recipient considers, reviews or evaluates your submission, or compensates you for them or preserves their conﬁdentiality.
By posting Member Content on Website, it is possible for an outside website or a third party to re-post that Content. You agree to hold LuxHave harmless and without fault for any dispute concerning this use.
- Limitation of Liability and Disclaimers
LuxHave makes no representations or warranties of any kind regarding the Site, the Site Content or the Member Content. The Site, Site Content and Member Content are provided in “AS IS” condition, and LuxHave EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES OR SITE DIRECTLY OR INDIRECTLY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE.
Use of the Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and LuxHave agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
For any Claim or dispute arising from or relating to the subject matter of this Agreement (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or LuxHave may elect to resolve the dispute through binding arbitration conducted by telephone, online and/or based solely upon written submissions where no in-person appearance is required. Such Claims/disputes shall be ﬁnally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a ﬁnal decision by the arbitrator.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles, California. You and LuxHave agree to submit to the personal jurisdiction of the courts located in Los Angeles, California.
REGARDLESS OF THE PREVIOUS PARAGRAPHS IN THIS SECTION, IF LUXHAVE IS FOUND BY A COURT OF COMPETENT JURISDICTION, OR BY AN ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, TO BE LIABLE TO YOU OR ANY THIRD PARTY, LUXHAVE’S LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE PRICE THE ITEM SOLD FOR ON THE SITE (INCLUDING ANY APPLICABLE SALES TAX), (B) THE TOTAL FEES YOU PAID TO LUXHAVE IN THE 12 MONTHS PRIOR TO THE FIRST EVENT OR ACTION GIVING RISE TO THE LIABILITY, AND (C) $100. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY BY LUXHAVE.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM LUXHAVE ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE, SITE CONTENT OR MEMBER CONTENT, EVEN IF LUXHAVE HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
- Releases and Indemnity
If you have a dispute with LuxHave, you release Company (and our officers, directors, employees, agents, subsidiaries, joint ventures and each of their officers, directors, employees, and agents) from and against any and all claims, demands, causes of action, liabilities, losses and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or the use of the Site and Services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Website Access and Services
Currently, LuxHave’s Services are only available to those who are located in the United States. LuxHave’s Services are only available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Services are not available to persons under the age of 18 or suspended members. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. LuxHave may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time.
In order to use the Website or the Services, you must register for an account with LuxHave (an "Account") and provide certain information. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the conﬁdentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password conﬁdentiality. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Your LuxHave account and User I.D. may not be transferred or sold to another party.
No individual is permitted to have more than one single account at any time. No more than four accounts are permitted per address or household. LuxHave reserves the right to limit an address or household to one account when it deems it necessary to protect its users from fraud or the risk of fraud.
You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items usingYou may not transfer or sell your LuxHave account and User ID to another party. LuxHave reserves the right to cancel unconﬁrmed or inactive accounts in its sole discretion, and to refuse service to anyone, for any reason, at any time.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by LuxHave’s policies as stated in the Agreement and the LuxHave policy documents listed below (if applicable to your activities on or use of the Website) as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time without notice to you:
License to Use Website and Services
Subject to the Terms, LuxHave grants you a limited, non-exclusive, nontransferable personal (i.e., non- commercial) license to access and use the Website and Services. The rights granted to you by the Terms will remain in force only for so long as the Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You will not (nor will you cause any of your employees, contractors, agents and principals to) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of Company's technology. Any future release, update, or other addition to functionality of the Website or Services shall be subject to the Terms. You agree not to use the Website or the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your aﬃliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Fees and Termination
Fees and Pricing
Joining LuxHave is free. However, Company may choose to temporarily change fees for Company Services and/or pricing for promotional events; such changes are effective when Company posts the temporary promotional event on the Website. Company may, at Company's sole discretion, change some or all of its Services at any time. In the event Company introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees and prices are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using LuxHave’s Services. LuxHave keeps accepted payment information for some members on ﬁle.
If you fail (or if LuxHave suspects that you failed) to comply with the letter or spirit of any Term, or if you become insolvent, or if you initiate bankruptcy proceedings, or if LuxHave is otherwise compelled by law or unanticipated technical or security issues, LuxHave may terminate, suspend or restrict any Term at its sole discretion and without notice to you.
If LuxHave terminates your account, if you close your account, or if the payment of your LuxHave fees cannot be completed for any reason, you remain obligated to pay LuxHave for all unpaid fees plus any penalties, if applicable. If your account is not paid in full and becomes past due, you risk penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact us.
All sales are binding.
Offers to buy or sell outside of LuxHave.com are a potential fraud risk for members. Members may not exchange personal information or transact without using LuxHave Secure Checkout for the purpose of avoiding LuxHave transaction fees.
- Infringement Investigation Procedure
LuxHave respects the legal rights of others, and we expect our users to do the same. LuxHave will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement on LuxHave’s Website. If you believe that your intellectual property rights have been infringed, please provide LuxHave with written notice of such infringement that includes the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the LuxHave Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the LuxHave Site of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notices should be delivered to:
Attn: Legal Dept.
9903 Santa Monica Blvd. #544
Beverly Hills, CA 90212
Repeat offenders’ will, at LuxHave's option, have their user accounts and/or access to the Services, including without limitation the Website, removed or disabled. If LuxHave disables or removes your user account or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating same and providing any supporting documentation necessary to establish your rights. Said notice can be delivered to the address referenced above.
Please note: The Digital Millennium Copyright Act provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether copyright laws protect your content.
- Meetings with Other Users
LuxHave does not supervise or control the Meetings, user-initiated online or online gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that LuxHave does not in any way screen its users. All users agree to exercise good caution and judgment in all interactions with others, particularly if meeting online or in person.
- Data Transfer
By using one or more LuxHave Services, including without limitation the Website, or conducting any business with LuxHave, you may be causing communications or information to be sent through computers and electronic networks in other locations in the United States and abroad. You agree that LuxHave is permitted to take such actions where reasonably necessary to facilitate these interactions as part of its providing LuxHave Services to you.
Certain LuxHave Services, including without limitation the Website, may include advertisements, whether from Company or third parties with whom Company partners. This advertising may be targeted to information found within one or more Services, whether submitted by you or by others. You consent to the placement, targeting and display of such advertising as consideration for your use of the Services. In addition, LuxHave and/or its partners, aﬃliates or agents may, from time to time, send you pertinent information about the Services or other offerings which may be of interest to you. You consent to receive such communications as part of using the Services, including without limitation the Website. However, you may "opt-out" of any such communications at any time by sending an email to: contact@LuxHave.com with the words "Opt Out" in the subject line.
- Identity Verification
While using certain Company LuxHave Services, including without limitation the Website, you may from time to time interact with third parties who are misrepresenting their identity or otherwise acting under false pretenses. You agree that LuxHave does not and cannot conﬁrm each user's purported identity, and is not responsible for any damage or loss resulting from these activities. You bear sole responsibility for evaluating and verifying with whom you are interacting and whether any information they may provide is accurate or trustworthy.
LuxHave is dedicated to upholding your privacy as a user of the Site. Information that is necessary to place an order, join our mailing list, enter a contest, suggestions (whether solicited or unsolicited), fill out a retail information card or any other submissions given or sent to us are and shall be the sole property of LuxHave. LuxHave collects user information only to improve the user’s experience and allow LuxHave to communicate with the user regarding LuxHave services and products.
LuxHave shall from time to time share pertinent information with third parties that provide services on LuxHave’s behalf or with whom LuxHave has partnered to offer a particular product or service. It is necessary for LuxHave to share users information with LuxHave’s partner UPS or the USPS, so that these entities may deliver users order(s). If you have questions or comments about our policies, feel free to send us an email at info@LuxHave.com.
Notwithstanding anything stated above, LuxHave has a program in connection with its Facebook page where users will provide their email and possibly other identifying information in connection with a new social media platform designed to bring users to our website. At this time, such personally identifying information will be used by LuxHave for internal marketing and other internal purposes and not shared with any other party.
LuxHave is concerned about the safety and privacy of children when they use the Internet. This Site is intended for a general audience, and is not directed at nor intended for use by children. We do not knowingly collect personal information from children under the age of 18 without their parent or guardian’s consent. If we become aware that we have inadvertently received personal information from a child under the age of 18 without said parental or guardian consent, LuxHave will delete such information from its records.
- Intellectual Property of Company
The content on the Website, except for Member Content, the trademarks, service marks and logos contained herein ("Marks"), are owned by and licensed to Company. Content and materials provided on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LuxHave reserves all rights not expressly granted in and to the Website, content, and materials. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted by LuxHave, including any use, copying or distribution of third parties' materials obtained through the website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained herein. You agree not to circumvent, disable or otherwise interfere with security feature of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content and materials therein.
- Services Changes
LuxHave reserves the right to make changes to any Services, including without limitation the Website or your user account, or to cease providing such Services (whether permanently or on an interim basis) at its option and without prior notice to you.
- Entire Agreement
- Force Majeure
Neither you nor LuxHave will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
Both you and LuxHave may give notice to one another as follows: (i) electronic mail transmission; (ii) ﬁrst class mail or certiﬁed mail, postage prepaid; (iii) or express courier, cost prepaid. Unless otherwise speciﬁed, such notice should be directed to LuxHave, Attn: Legal Dept., 9903 Santa Monica Blvd. #544, Beverly Hills, CA 90212 (in the case of LuxHave) or, in your case, to the email address you provide to LuxHave (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notiﬁed that the email address is invalid. Alternatively, LuxHave may give you notice by certiﬁed mail, postage prepaid and return receipt requested, to the address provided to LuxHave. In such case, notice shall be deemed given three days after the date of mailing.
These Terms, and any rights and licenses granted hereunder, may not be transferred, assigned or sublicensed by you without Company's express written consent. On the other hand, LuxHave may assign, sublicense or otherwise transfer these Terms or any individual Term, at its option, without restriction and without prior notice to you.
- Cookies and Browser
The trademarks, logos and any designs used or displayed on the Site are trademarks and/or service marks owned by LuxHave or, on occasion, used by LuxHave under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of LuxHave, is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the Site are the property of their respective owners. All rights reserved.
Following termination of these Terms and/or your commercial relationship with LuxHave generally, any Term logically extended beyond such termination shall survive to the fullest extent necessary to allow you and LuxHave to enforce any rights obtained or obligations incurred hereunder.
- Third-Party Beneficiaries
No Term is meant or intended to beneﬁt any third party.
- Applicable Law
This Agreement shall be governed in all respects by the laws of the State of California and the United States of America.
LuxHave welcomes comments on our policies and is ready to answer any questions that a user may have. Please feel free to contact us at info@LuxHave.com.
Credit Card details are not stored our database or server, and are processed through a secure SSL environment.