Terms & Conditions
luxoutfit.com
as a cross-border e-commerce website provides its services to you subject to
the notices, terms, and conditions set forth in this agreement (the
"Agreement"). In addition, when you use any luxoutfit.com
service (e.g., Customer Reviews), you will be subject to the rules, guidelines,
policies, terms, and conditions, including but not limited to the Privacy
Notice, applicable to such services, and they are incorporated into this
Agreement by this reference. luxoutfit.com reserves the right to change
this site and these terms and conditions at any time.
Accessing,
browsing, or otherwise using the site constitutes your agreement to all the
terms and conditions in this agreement. Please read this agreement carefully
before proceeding.
Use
of Site:
You
represent and warrant that you are at least 18 years old or visiting the Site
under the supervision of a parent or guardian. Subject to the terms and
conditions of this Agreement, luxoutfit.com hereby grants you a limited,
revocable, non-transferable and non-exclusive license to access and use the
Site by displaying it on your internet browser only for the purpose of shopping
for personal items sold on the Site and not for any commercial use or use on
behalf of any third party, except as explicitly permitted by
luxoutfit.com in advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this paragraph without notice to
you.
Except
as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site
or any portion of it unless expressly permitted by luxoutfit.com in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by luxoutfit.com in advance.
luxoutfit.com reserves the right to refuse service, terminate accounts, and/or
cancel orders in its discretion, including, without limitation, if
luxoutfit.com believes that customer conduct violates applicable law or is
harmful to luxoutfit.com’s interests.
You
shall not upload to, distribute, or otherwise publish through this Site any
Content, information, or other material that (a) violates or infringes the
copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under U.S. or international law; or (c) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties.
luxoutfit.com may assign you a password and account identification to enable
you to access and use certain portions of this Site. Each time you use a
password or identification, you will be deemed to be authorized to access and
use the Site in a manner consistent with the terms and conditions of this
Agreement, and luxoutfit.com has no obligation to investigate the authorization
or source of any such access or use of the Site.
You
will be solely responsible for all access to and use of this site by anyone
using the password and identification originally assigned to you whether or not
such access to and use of this site is actually authorized by you, including
without limitation, all communications and transmissions and all obligations
(including, without limitation, financial obligations) incurred through such
access or use. You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You shall
immediately notify luxoutfit.com of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security.This “site” is owned by Letsgo Well
Intl.Co.,Ltd(“luxoutfit.com”)
Reviews
and Comments
Except
as otherwise provided elsewhere in this Agreement or on the site, anything that
you submit or post to the site and/or provide luxoutfit.com, including, without
limitation, ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, "Submissions") is and will be treated as
non-confidential and nonproprietary, and by submitting or posting, you agree to
irrevocably license the entry and all IP rights related thereto (excluding the
moral rights such as authorship right) to luxoutfit.com without charge and
luxoutfit.com shall have the royalty-free, worldwide, perpetual, irrevocable,
and transferable right to use, copy, distribute, display, publish, perform,
sell, lease, transmit, adapt, create derivative works from such Submissions by
any means and in any form, and to translate, modify, reverse-engineer,
disassemble, or decompile such Submissions. All Submissions shall automatically
become the sole and exclusive property of luxoutfit.com and shall not be
returned to you and you agree not to raise any dispute in connection with any
use of the entry by luxoutfit.com in the future.
You
warrant that your Submissions, in whole or in part, are clear and free of any
IP right infringement, disputes or third party claims. luxoutfit.com assumes no
liability for any misuse of copyright or any other rights of third parties by
you. You undertake to defense for and indemnify luxoutfit.com against any
losses caused due to the use of the entries for any purposes.
In
addition to the rights applicable to any Submission, when you post comments or
reviews to the site, you also grant luxoutfit.com the right to use the name
that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments, and other Content that you post on this site and that use of your
reviews, comments, or other Content by luxoutfit.com will not infringe upon or
violate the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead
luxoutfit.com or third parties as to the origin of any Submissions or Content.
luxoutfit.com may, but shall not be obligated to remove or edit any Submissions
(including comments or reviews) for any reason.
Copyright
All
information and content related to items on the website of luxoutfit.com,
including but not limited to price, details, dimensions, weight, descriptions,
and specifications of the items are translated by us from the information
obtained from Supplier or third party sources and the items or the related
information are not owned, manufactured, sold or endorsed by luxoutfit.com.
Considering the technical limitations, luxoutfit.com do not warrant that the
said information is accurate, complete, reliable, current, or error-free.
Each
item offered for sale on our website has an item description and/ or a referral
link. You shall be responsible for confirming the information and content
related to the item you wish to purchase through the information and/ or link
provided before you submit any order. It is presumed that you have full
knowledge and understanding of the details of the items you are purchasing upon
submission of your order, as we shall not be liable for any after-sales issues
resulting from misinterpretations of the related information and content on the
website.
Without
luxoutfit.com's express prior written consent, the use of data mining, robots,
or similar data gathering and extraction tools on luxoutfit.com as well as the
use of luxoutfit.com trademarks or service marks in meta-tags is strictly
prohibited. You may view and use the Content only for your personal information
and for shopping and ordering on the site and for no other purpose. If you
happen to come across any of our content hosted on a third-party site, please
do not hesitate to contact us at: [email protected]. You can also reach us
via phone at 021-68772231 9:30AM-6:30PM Beijing local time, or by mail at:
Floor 5, Building 2, Zhangjiang A-sun High-tech Park, No. 399, Shengxia Road,
Pudong New Area, Shanghai 201210, People’s Republic of China. The collection,
arrangement, and assembly of all content on this site (the
"Compilation") belong exclusively to luxoutfit.com. You may not use
luxoutfit.com's Content or Compilation in any manner that disparages or
discredits luxoutfit.com or in any way that is likely to cause confusion or
violation of any applicable laws or regulations. All software used on this Site
(the "Software") is the property of luxoutfit.com and/or its Software
suppliers. The Content, the Compilation and the Software are all protected
under state, national and international copyright laws. All rights not
expressly granted are reserved by luxoutfit.com. Violators will be prosecuted
to the full extent of the law.
luxoutfit.com
recognizes and respects all copyrights and trademarks. As such, any usage of
television, motion picture, music, film festival or other names or titles have
no connection to luxoutfit.com and are the sole property of the copyright or
trademark holders. The dresses posted by Supplier are inspired by celebrity
style and are Supplier’s recreations of item’s worn by the celebrities on your
favorite television shows and the red carpet, however they are not authorized,
endorsed by, or connected to these shows in any way and are not meant as
infringements of any registered trademarks or copyrights by luxoutfit.com.
Intellectual
Property Infringement Policy
It
is the policy of luxoutfit.com to take appropriate action where necessary to
uphold and recognize all relevant State, Federal and International laws in
connection with material that is claimed to be infringing any trademark,
copyright, patent and all or any other Intellectual Property laws.
If
you are an intellectual property rights owner and you believe that any Supplier
on luxoutfit.com sells, offers for sale, or makes available goods and/or
services that infringe your intellectual property rights, then send the
following information in its entirety to [email protected].
Information
required
1. An electronic or physical signature of the person authorized
to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is
located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you,
such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the
disputed use of the material is not authorized by the copyright or other
proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you
claim are infringed by the Website(e.g. "XYZ copyright", "ABC
trademark, Reg. No. 123456, registered 1/1/04",etc); and
7. A statement by you that the above information and notification
is accurate, and under penalty of perjury, that you are the copyright owner or
authorized to act on behalf of the owner whose exclusive right is allegedly
infringed.
Copyright
Infringement on the Site
If
you believe that your proprietary work has been copied in a way that
constitutes copyright infringement, please forward the following information to
luxoutfit.com’s Copyright Agent who is listed below and named pursuant to the
Digital Millenium Copyright Act, 17 U.S.C. § 512(c)(2):
1. The Full Legal Name and physical signature of the person
authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you claim has been
infringed;
3. A description of where the material that you claim is
infringing is located on the Site;
4. Your mailing address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
and
6. A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf;
Termination
and Effect of Termination
In
addition to any other legal or equitable remedies, luxoutfit.com may, without
prior notice to you, immediately terminate the Agreement or revoke any or all
of your rights granted under this Agreement. Upon any termination of this
Agreement, you shall immediately cease all access to and use of the site and
luxoutfit.com shall, in addition to any other legal or equitable remedies,
immediately revoke all password(s), and account identification issued to you
and deny your access to and use of this Site in whole or in part. Any
termination of this Agreement shall not affect the respective rights and
obligations (including without limitation, payment obligations) of the parties
arising before the date of termination.
Disclaimer
and Limitation of Liability
EXCEPT
AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF
EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND
THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SUPPLIERS THROUGH
luxoutfit.com ON AN “AS IS” BASIS. luxoutfit.com MAKES NO PRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT
AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
luxoutfit.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM
INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL
ERRORS. luxoutfit.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED
OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, luxoutfit.com WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY,
SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, luxoutfit.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES
(REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE
THE AMOUNT OF FEES ACTUALLY PAID BY YOU THROUGH luxoutfit.com DURING THE MONTH
IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO luxoutfit.com’s
LIABILITY.
Order
Acceptance
Please
note that there may be certain orders that the Supplier or luxoutfit.com are
unable to accept and must cancel. The Supplier and luxoutfit.com reserves the
right, at sole discretion, to refuse or cancel any order for any reason. Some
situations that may result in your order being canceled include limitations on
quantities available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. We may also require additional verifications or information before
accepting any order. luxoutfit.com will contact you if all or any portion of
your order is canceled or if additional information is required to accept your
order.
Transfer
of Title
Title
to the products in your order will be transferred to you when the products
leave the Supplier’s or Light In The Box Limited’s warehouse and are delivered
to the carrier for shipment to an address designated by you in the order. All
liabilities and risks to the products will also be transferred to you upon the
delivery of the products to the carrier. By placing an order on this Site, you
authorize the Supplier and Light In The Box Limited to engage third party
shipping services on your behalf.
Typographical
Errors
While
luxoutfit.com strives to provide accurate product and pricing information,
pricing or typographical errors may occur. luxoutfit.com or the Supplier cannot
confirm the price of an item until after you order. In the event that an item
is listed at an incorrect price or with incorrect information due to an error
in pricing or product information, luxoutfit.com and the Supplier shall have
the right to refuse or cancel any orders placed for that item. In the event
that an item is mis-priced, luxoutfit.com or the Supplier may, either contact
you for instructions or cancel your order and notify you of such cancellation.
Pricing
in Different Currencies
Pricing
of products sold on luxoutfit.com is based upon figures calculated in U.S.
Dollars (US$). Prices displayed in other currencies are converted from U.S.
Dollars according to the most up to date conversion rates. Due to fluctuating
currency values, prices displayed in non-U.S. denominations of currency on the
Site, other than on the individual product page, may not be the most current.
Areas of the Site where non-U.S. denominations of currency might be inaccurate
include, but are not limited to, promotional banners, promotional pages, and
information on product category pages. The price displayed on an individual
product page, regardless of currency denomination, is the current price you are
liable to pay to luxoutfit.com, excluding shipping.
Arbitration
Where
the parties fail to settle dispute within 30 days after such dispute occurs,
they agree to submit such dispute to the Hong Kong International Arbitration
Center for arbitration which shall be conducted in accordance with applicable
rules in effect at the time of applying for such arbitration. The arbitral awards
are final and binding upon both parties.
Links
This
site may contain links to other sites on the Internet that are owned and
operated by third parties. You acknowledge that luxoutfit.com is not
responsible for the operation of or content located on or through any such
site.
Remedies
You
agree that luxoutfit.com's remedy at law for any actual or threatened breach of
this Agreement would be inadequate and that luxoutfit.com shall be entitled to
specific performance or injunctive relief, or both, in addition to any damages
that luxoutfit.com may be legally entitled to recover, together with reasonable
expenses of any form of dispute resolution, including, without limitation,
attorneys' fees.
No
right or remedy of luxoutfit.com shall be exclusive of any other, whether at
law or in equity, including, without limitation, damages injunctive relief,
attorneys' fees and expenses.
No
instance of waiver by luxoutfit.com of its rights or remedies under these terms
and conditions shall imply any obligation to grant any similar, future or other
waiver.
Force
Majeure
luxoutfit.com
shall not be liable to you or be deemed to be in breach of agreement by reason
of any delay in performing, or any failure to perform, any of the obligations
in relation to the items, services and/or Site if the delay or failure was due
to any cause beyond our reasonable control, including but not limited to:
a.
fire, act of God, storm, explosion, earthquake, flood, tempest, accident or
other natural disaster;
b.
war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c.
acts, restrictions, regulations, bye laws, prohibitions or measures of any kind
on the part of any governmental, parliamentary or local authority;
d.
import or export regulations or embargoes;
e.
strikes, lock outs or other industrial actions or trade disputes;
f.
difficulties in obtaining raw materials, labour, fuel, parts or machinery faced
by us or suppliers; or
g.
telecommunication, transportation, power supply, or system disturbances or
failures, or breakdown in machinery resulting in the impossibility of the use
of any of the aforementioned.
This
Agreement shall be governed by and construed under the laws of People’s
Republic of China (“P.R.C.”) without regard to conflict of law
provisions.