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Terms and conditions of use of the LUXERIES.com website 01.01.2018

Welcome to Luxeries.

www.luxeries.com is an online marketplace bringing together sellers and buyers of luxury secondhand products ("Website") managed by Luxeries Sàrl, Chemin du Trabandan 28A, 1006 Lausanne - Suisse (« Luxeries »).

1. Acceptance of terms and conditions of use

1.1 By accessing and using our Website, regardless of whether you become a registered user or not, you acknowledge being bound by these terms and conditions of use, which you declare to have read and understood.

1.2 We reserve the right, in our sole discretion, to modify or change these terms and conditions of use at any time. It is your responsibility to consult them regularly at the following address www.luxeries.com in order to ensure you are informed of any change.

1.3 By using the Website, you acknowledge that the simple fact of publishing revised terms and conditions of use on the Website is sufficient to make any modification or revision binding. By continuing to use the Website after a change you consent to being bound by these modifications.

1.4 The use of certain specific Luxeries services may be subject to specific terms and conditions of use. By using the services in question, you consent to being bound by these specific terms and conditions of use in force. In the event of any inconsistency, the specific terms and conditions of use prevail in the framework of the use of the said service.

2. Your registration obligations

2.1 Some areas of the Website require registration. By registering, you certify and guarantee that you are authorized to open an account, in accordance with the terms and conditions of use and that the information you give when you register are correct and are not likely to cause confusion. An account can only be opened and used by an individual of legal age as defined by the law of his/her country of residence and aged at least eighteen (18) or a legal entity acting through an authorized representative.

2.2 In the framework of your use of these reserved areas, you undertake to ensure that the information you provide, as requested by the registration form ("Registration Information"), is exact, accurate, up-to-date and complete, and to immediately update the Registration Information so that it remains exact, accurate, up-to-date and complete. if you provide information which is inexact, inaccurate or out-of-date or suspect you might have done so, or if Luxeries has reasons to consider that you have failed to conform to any provision of these terms and conditions of use, Luxeries has the right to suspend or terminate your account and to refuse any present or future use of the Website (or part thereof).

3. Account, password and security

3.1 You are responsible for the quality and confidentiality of the password chosen when you register, as well as any activity generated by your password and your account.

3.2 You undertake to immediately inform Luxeries of any fraudulent use of your password or your account and any other breach of security, as well as to ensure that you close your account after each session (log off). Luxeries shall not be held liable for any loss or damage resulting from your failure to respect the terms and conditions of use.

4. Content

4.1 The Website offers content provided by Luxeries and advertisements provided by the users of the Website. The content is offered as is and may not be used, reproduced, distributed, transferred, circulated, represented, sold, assigned or exploited in any other way or for any other use than its consultation and its use on the Website. For this sole purpose, Luxeries gives your limited, revocable and nonexclusive authorization to access the Website and to use it for private use, in accordance with these terms and conditions of use. If you wish to reproduce or copy a part of the content of the Website for another purpose, please contact us by email at the address: anne@luxeries.com.

4.2 The Website offers unfiltered access to users' advertisements. You understand and accept that Luxeries acts only as an intermediary and shall not in any way be held responsible for the content thereby published on the Website and notably for any unlawful behavior taking place on the Website. Luxeries cannot and is not required to control users' content. By its nature, the user content changes frequently, may be inaccurate or misleading. Luxeries accepts no liability and offers no guarantee, implicit or explicit, regarding the user content.

4.3 The Website enables registered users, notably stores, to inform potential buyers of items for sale. No transaction is made on the Website and Luxeries promises no guarantee and cannot be held liable, notably and without limitation, for the price, availability, authenticity, quality and quantity of the item offered, nor of the conformity between the advertisement and the item offered. Luxeries is not a party to the sales contract which will be concluded between the users and without any intervention on the part of Luxeries.

The user undertakes not to breach any legal standard or to use the Website to contact other users for any unlawful purpose; not to make any comment which is defamatory or an affront to honor; not to offer any prohibited or illegal item; not to offer any item which does not respect intellectual property rights or which violates distribution agreements; not to include any pornographic or pedophilic content; not to include any false, incomplete or inaccurate information; not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, produce a harmful effect, intercept or by-pass any system, data or personal information. You undertake to guarantee in particular that you are authorized to use the name, image or brand of any item or person identifiable in your content.

4.5 You give Luxeries irrevocable, worldwide, nonexclusive, permanent, royalty-free and transferable authorization, including the right to give sub-licenses, to use, reproduce, modify, distribute, create derivative works, show and broadcast your content relating to the Website or the activity of Luxeries (and its successors), in any format and via any media. You also give any user of the Website nonexclusive authorization to access and use your content on the Website.

4.6 You understand and accept that Luxeries has no obligation to publish the user content offered by you or by any other person. Moreover, Luxeries can, in its sole discretion, edit, modify, remove or delete any user content which you offer and terminate your access to the Website without notice, notably if, according to it, your content does not respect the terms set out in these terms and conditions of use. Luxeries reserves in particular the right to choose the appearance, design and functionalities of the Website, which can require the revision, adaptation or editing of the user content.

5. Third parties

5.1 Your commercial transactions with the advertisers and the people who contact you via the Website, or the obligations resulting from a contract concluded between you, and any other condition, guarantee and insurance associated with these transactions, do not concern Luxeries. You agree that Luxeries cannot be held liable for any loss or damage resulting from such transactions or from the presence of such advertisers or users on the Website.

5.2 The presence of advertisements on Luxeries does not imply any guarantee on the part of Luxeries as to the reputation or the creditworthiness of the advertisers, or the truthfulness of the advertisement.

6. Link

6.1 If you wish to create a link to the Website, you expressly undertake: (i) not to allow the Website to appear within another site; (ii) not to create an association between the Website and a third party; (iii) to attribute correctly to Luxeries the Website to which the link refers; and (iv) to ensure that the link does not imply, implicitly or explicitly, that Luxeries approves of, supports or assumes the activity of any other website, company or entity and that Luxeries and/or its activities are not presented in a false, deceptive, defamatory or insulting light or in any other way which may harm the reputation of Luxeries or benefit from it.

6.2 The link to the Website does not authorize you to use any content, name, logo, image or brand of Luxeries or a third party without the express, prior, written consent of the right holders.

6.3 Luxeries reserves the right to ask you to remove any link to the Website, without having to justify its reasons.

7. Brands and copyright

The Luxeries name, logo and brand, as well as the Website are protected by trademarks right and copyright. You undertake to not show or use the Luxeries brand and to not reproduce, copy or circulate the Website in any way whatsoever without the prior written consent of Luxeries.

8. Modifications to the service

Luxeries reserves the right, at any moment, to modify or temporarily or definitively close down the Website (or any part thereof), with or without notice. You agree that Luxeries will not be liable to you nor to any third party, for any modification, suspension or termination of the Website or of the service. Any part of the content can be out-of-date at any moment and Luxeries is in no way obliged to update this content.

9. Privacy policy

By using the Website, you or any other person who you authorize to access and use your account, can provide Luxeries with certain private data, including the Registration Information and certain other information relating to you. By sending your personal information to the Website, you consent to the use of this data by Luxeries, in accordance with the Luxeries privacy policy available at this address http://www.luxeries.com/en/content/6-privacy-policy.

10. Termination

10.1 Luxeries can, at its sole discretion and without any liability to you, with or without reason, with or without notice, at any moment delete your access to all or part of the Website, and deactivate or delete any of your accounts, as well as all the information and all the advertisements relating to the said account and your content.

10.2 You agree that Luxeries can, at its sole discretion, cancel your password, your account (or part thereof) or your use of the Website and remove and delete any content of the Website for any reason whatsoever, notably, among others, due to lack of use or if it believes that you have breached any provision of the terms and conditions of use. Luxeries can also, at its sole discretion and at any moment, cease to supply the Website or part thereof, with or without notice. You agree that any termination of your access to the Website under the terms of any provision of these terms and conditions of use can be made without notice and acknowledge and agree that Luxeries can immediately deactivate or empty your account as well as any information relating to it and/or prohibit any subsequent access to these files or to the Website. Moreover, you agree that Luxeries will not be held liable in any way, to you or a third party, for any cancellation of your access to the Website.

10.3 You agree to destroy any content or any copy of the Website or part of it published on your website or in your possession as soon as possible after being requested by Luxeries to do so.

11. Disclaimer

11.1 You access and use the Website at your sole risk. The Website and its content are supplied on an 'as is' basis and according to their availability. Luxeries expressly declines, and you waive, any guarantees of any nature, express or implicit, including, among others, any implicit guarantee of fitness to fulfill a particular objective, of merchantability and of non-infringement.

11.2 Luxeries makes no warranty or no declaration that (i) the Website and its content will meet your requirements, (ii) the Website will be uninterrupted, punctual, secure or error free, (iii) the results which can be obtained from the use of the Website will be exact or reliable, and (iv) any content error will be corrected.

11.3 Any document downloaded or obtained through the use of the Website is at your discretion and your risks and you will be solely responsible for any damage caused to your computer system or for any loss of data which might result from the downloading of such documents.

11.4 The comments and other elements published on the Website, or content in the Website's flows, are not intended to constitute reliable advice. No information, whether verbal or written, obtained by you from Luxeries or via the Website or on the Website shall constitute a warranty or another obligation not expressly indicated in the terms and conditions of use and Luxeries declines all responsibility resulting from any trust placed in these elements by any visitor of the Website or by anyone who might be informed of any of its content.

12. Compensation

You undertake to compensate Luxeries and its partners and employees and to hold them harmless from any liabilities, loss, damage, claims, penalties, fines, fees and expenses, including, without limitation, reasonable lawyer's fees, which may arise from: (i) your use of the Website and your access to this Website, including, without limitation, any content, as well as your connection to the Website; (ii) your failure to respect any provision of the terms and conditions of use, or (iii) any allegation from a third party according to which any part of your user content or any other use of the Website by you breaches any intellectual property right, personality right or right to privacy of this third party or has caused in any other manner damages to a third party.

13. Limitation of liability

13.1 You expressly acknowledge and accept that Luxeries does not answer for any direct, indirect, incidental, special, derivative damages, nor any punitive damages, including, among others, damages for failure to earn, loss of customers, of use, of data or other intangible losses (even if Luxeries was informed of the possibility of these losses) resulting: (i) from the use of the Website or the inability to use it, (ii) from the cost of purchasing replacement goods or services resulting from any goods, data, information or services bought or obtained or messages received or operations concluded through the Website or from the Website, (iii) from the unauthorized access to your data transfers or their alteration, (iv) from declarations or the behavior of any third party on the Website, (v) from the results of the Website, of any Website connected to it and from any documents published on it, or (vi) from any other question relating to the Website.

13.2 You agree that regardless of any legislation or of any contrary law, any claim or cause of action resulting from or linked to the use of the Website must be made within one (1) year of this claim or this cause of action arising.

14. Exclusions and limitations

14.1 Certain jurisdictions do not allow the exclusion of certain guarantees or to limit or exclude liability for incidental or derivative damages. Consequently, certain limitations mentioned in these terms and conditions may not apply to you.

14.2 No provision of the terms and conditions of use affect the rights of any consumer allowed by law or excludes or limits any liability for death or bodily injury resulting from the serious negligence or willful misconduct of Luxeries, nor any other liability which cannot be excluded or limited by virtue of the applicable law.

15. Notices

15.1 Notices intended for you can be sent by email to the email address which you provided when you registered.

15.2 If we decide to change these terms and conditions of use in any way, we will publish an updated version on this page of the Website. The Website can also publish notices of changes to the terms and conditions of use or other questions by displaying notices or links to notices which are intended for you.

16. General information

16.1 These terms and conditions (including the specific terms and conditions of use applicable to certain services) constitute the integrality of the agreement between you and Luxeries with regard to their purpose; they replace and nullify all previous agreements, arrangements and commitments of any nature between you and Luxeries, verbal or written, regarding this purpose.

16.2 The fact that Luxeries does not exercise or does not enforce any right or any provision of the terms and conditions of use shall not constitute a waiver of this right or the relevant provision.

16.3 If a provision of the terms and conditions of use is judged null and void, the parties nevertheless agree that their intentions, as set out by the provision, will be executed insofar as possible and that the other provisions of the terms and conditions will remain in full force and effect. The sole purpose of the titles of the articles of the terms and conditions is to facilitate their consultation and have no legal or contractual effect.

16.4You may not assign or transfer any of your rights or obligations nor sub-contract the execution of any of your obligations relating to these terms and conditions of use. Luxeries may assign or transfer any right or obligation, or sub-contract the execution of any of these obligations relating to these terms and conditions of use to any third party and at any moment, without your consent (this consent being given by these terms and conditions of use).

16.5 The terms and conditions of use and the relations between you and Luxeries will be governed by Swiss laws. Any dispute in relation to these terms and conditions of use must be settled before the courts of Lausanne (Switzerland).

17. Import Taxes and Duties - Insurance

17.1  If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties, as well as UK VAT. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival.

17.2  LUXERIES insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that a signature by them (or at that delivery address) is evidence of delivery and fulfilment by LUXERIES and transfer of responsibility in the same way.

18. Violations

Please report any violation of the terms and conditions of use to Luxeries by using the contact form available at this address: anne@luxeries.com.