This TOS does not acknowledge any relationship between you and Luxarity (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself as a representative of Luxarity.
If you have any comment about the Site or this TOS please contact us.
REGISTRATION AND USE OF SITE
If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the TOS prior to such registration or use, and they have approved of such registration or use by you on the terms of the TOS. Luxarity reserves the right to only accept orders from you if you are aged 18 or over.
We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords you use to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorized use. If you suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately.
PROHIBITIONS AND FAILURE TO COMPLY
We may take actions against your activities including, but not limited to:
Submitting material (including, but not limited to personal data, text, images, music or video) of which you do not have the full right to submit and/or grant license (the Submitted Content).
Using any technology to attempt to disrupt any of our Services in any way.
Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
Advertising or sending unsolicited messages of any kind.
Impersonating others or providing any kind of false information.
Starting or forwarding chain letters of any kind.
Luxarity reserves the right to terminate any account in its sole discretion. We may send you an email to inform you of the termination of your account in such event.
All software and Content (which content includes without limitation, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of Luxarity and are protected by intellectual property and copyright laws and international treaty provisions.
The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by Luxarity and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Luxarity. Any such unauthorized actions may result in civil consequences or criminal penalties.
Luxarity reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.
THIRD PARTY LINKS
The Site may include links to other websites or resources that are not operated or prepared by Luxarity. We have no control over such sites and resources and we will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.
ELIGIBILITY TO DONATE
In order to make a cash donation through us, you must meet our conditions of eligibility:
– Be aged 18 years of age or over;
– Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Luxarity for payment; and
– Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).
We welcome your donation in kind of which the clothing and/or accessories (collectively “Goods”) should be in good and merchandisable condition and without infringing third-party’s intellectual property.
The Site is for your personal use only.
Luxarity will endeavour to ensure that the Content on the Site is as accurate and complete as possible. We however do not warrant that “Content” is accurate, complete, current or error-free.
We accept donations made by Visa, MasterCard, American Express and JCB.
By making a donation by using one of the above credit/debit card payment methods, you confirm that the credit/debit card account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to Luxarity, we will not be liable for any delay or cancellation of donation.
Your donation will only be accepted until we send you an email to confirm your payment has been accepted. Please refer to “ACCEPTANCE OF YOUR DONATION” below for detail.
Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your donation experience safe and secure.
ACCEPTANCE OF YOUR DONATION
On cash donation, once you have entered your personal and payment details and placed your donation, we will send you an email acknowledging the receipt of your donation. In the absence of fraud or any other illegality the donation is non-refundable.
On donation in kind, once you have offered and passed us the Goods, it is deemed we have accepted the Goods and title and ownership of the Goods have passed onto us. In the absence of fraud or any other illegality, the Goods are non-returnable.
Luxarity reserves our right not to accept a donation for any reason in our sole discretion (including but not limited to any of the following reasons):
– We are unable to accept your donation due to a system error.
– We are unable to obtain authorisation for payment.
– You do not meet the eligibility criteria to donate as set out in these Terms Of Service.
– Your Goods are not merchantable, fit for purpose or infringe third party’s intellectual property.
All items sold in our pop-up/ physical stores (Luxarity) are vintage items and as such have been worn and are not new unless otherwise stated. All items are sourced and sold by Luxarity “as is”, excluding to the maximum extent permitted by applicable laws any warranties of any kind including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property, and no return or refund will be accepted. Most vintage items sourced and sold by Luxarity are in good condition but you acknowledge that purchase and use of such vintage items is at your own risk and you agree that Luxarity assumes no liability in respect of such items.
Please contact Luxarity at firstname.lastname@example.org if you have any questions about this Returns Policy.
Nothing in the TOS is intended to affect your rights under the Laws of Hong Kong SAR.
Views expressed in any media by the co-brand partners, the co-operation organisations or third parties, whose products or services are profiled in our Site or with whom we are associated, are their own. Luxarity takes no responsibility for any such views as they do not necessarily reflect ours.
Luxarity does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Luxarity will always do our best to aim at maintaining our Services but will not be responsible for failing to meet any obligations in this TOS.
INDEMNITY AND WAIVER
At our request, you agree to compensate us fully and hold Luxarity (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons caused by your action or inaction.
If you breach the TOS and we take no action against you, we do not waive any of our rights and remedies for any breach by you of the TOS.
We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact us for any complaints or comments.
Luxarity respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.
GOVERNING LAW AND JURISDICTION
The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.