LuxyDrop
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Terms And Conditions
Last Updated: March 11, 2022
Herrsj.Holdens, LLC. – LUXYDROP (“LUXYDROP”, “we”, “us”, or “our”) provides a safe marketplace for buying and selling new and used luxury/exclusive items through our website (“Site”), our mobile applications (“Apps”), and any other properties that link to these Terms of Use (collectively, the “Service”). Through the Service, users can list items for sale by taking and uploading photos and entering a sale price, as well as the size and condition of the item (“Sellers”). Users can also browse listings by Sellers and can choose to purchase the items listed for sale by Sellers (“Buyers”).
In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration.
To use certain of the Services, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to [email protected]
CONTENT.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
REGISTERED USER CONTENT
Registered Users may post, upload, publish, submit, and transmit Registered User Content. By making any Registered User Content available through the Service, you hereby grant to LUXYDROP and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. LUXYDROP does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content, or LUXYDROP’S or its users’ use of the Registered User Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Notices and Restrictions.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.
Certain areas of the Site and Apps, and your access to or use of parts of the Service or Collective Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Apps, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Apps, Service or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.
Modification.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Last Updated Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
Eligibility.
Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access of the Service by anyone under the age of 13 is prohibited even with parental or guardian consent.
Feedback.
We encourage users to participate in the Luxydrop community by providing feedback about their experiences. However, if you choose to do so, please only provide contributions that represent your honest and accurate experiences and opinions, without violating this Agreement.
Registered User (II)
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (x) with regards to product specifications, colors, textures, size, condition, value, origin, authenticity, functionality or appropriateness for use; or (y) that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services.
General prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), LUXYDROP’S name, any LUXYDROP Trademark, or any other proprietary information of LUXYDROP, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;
Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a LUXYDROP Trademark, LUXYDROP logo URL or LUXYDROP product name without our express written consent;
Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms; UNLESS OTHERWISE
Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
Payments and Billing
We do not process payments for items included in Listings posted to the Services – that is handled by a Payment Processor. We also use third party payment processor like ‘’Stripe.’’
Processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor. For each good you purchase through the Services, you agree to pay the agreed upon payment amount for applicable for the goods. You hereby acknowledge and agree that the total charge for any purchase in the amount of an accepted offer or counteroffer in connection with an applicable Listing may include shipping fees and state and local sales tax, the amount of which varies (e.g., due to factors including the type of item purchased and the shipping destination). Each LUXYDROP user shall be solely responsible for all applicable sales taxes, or other taxes, customs, import/export charges or similar governmental charges on orders shipped to any other state or on orders shipped outside the United States.
Buyer
When buying an item through the Service, you agree to our rules and policies for Buyers described in our FAQ, which can be found at www.luxydrop.com/faq
Seller
By listing an item for sale through our services (websites), you are making a binding offer to sell that particular item to a buyer who purchases the item for the ask price you have specified and to ship the item in accordance with our FAQ page.
When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. SELLERS MUST SHIP items via the shipping carrier designated by LUXYDROP within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Sellers must ship an item sold on our Sites from the country listed as your address on file (e.g., if your address on file is located in the United States, you cannot use the shipping label provided to you to ship the item from Canada). LUXYDROP will provide you with a shipping label if needed with such carrier after your item are matched by a buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Once a buyer makes a purchase, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including a minimum of $10.00 USD. If a seller fails to deliver items to LUXYDROP in accordance with these Terms, LUXYDROP reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of $10.00 USD. Remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s payment method for costs, expenses and fees incurred by LUXYDROP as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by LUXYDROP, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
Returns
Due to the complex workings of our live marketplace, we do not currently offer returns. If you purchased something on LUXYDROP and the item does not fit to your expectations, the seller may not be required to accept a return.
Returns may only be eligible if the seller’s description inaccurately described the item in terms of authenticity, color, condition, fabric, and measurement. If no measurements are provided, it is the buyer’s responsibility to confirm fit and sizing prior to purchasing.
If your purchase was accurately described or did not have any description of fit/measurements. You may try to work out a mutual agreement with the seller so that they accept a return for a full refund.
If by any means you are unable to a workaround with the seller, you may relist the item back on LUXYDROP.
Warranty Disclaimer.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; how you may interpret or use the Content; or any dispute that may arise between you and any other LUXYDROP user in connection with the Services or otherwise, including without limitation related to any information or materials included in any Listing, offer to purchase any goods included in any Listing, payment in connection with any Listing, any decisions of a Seller to Accept Payment or Reject Payment or shipment, quality or condition of, or damage to, any goods included in any Listing.
You release us from all liability for your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. If you have a dispute with one or more LUXYDROP users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Herrsj.Holdens, LLC. – LUXYDROP (“LUXYDROP”, “we”, “us”, or “our”) provides a safe marketplace for buying and selling new and used luxury/exclusive items through our website (“Site”), our mobile applications (“Apps”), and any other properties that link to these Terms of Use (collectively, the “Service”). Through the Service, users can list items for sale by taking and uploading photos and entering a sale price, as well as the size and condition of the item (“Sellers”). Users can also browse listings by Sellers and can choose to purchase the items listed for sale by Sellers (“Buyers”).
In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration.
To use certain of the Services, you may need to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to [email protected]
CONTENT.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
REGISTERED USER CONTENT
Registered Users may post, upload, publish, submit, and transmit Registered User Content. By making any Registered User Content available through the Service, you hereby grant to LUXYDROP and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content. LUXYDROP does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content, or LUXYDROP’S or its users’ use of the Registered User Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Notices and Restrictions.
The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.
Certain areas of the Site and Apps, and your access to or use of parts of the Service or Collective Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Apps, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Apps, Service or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.
Modification.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Last Updated Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.
Eligibility.
Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access of the Service by anyone under the age of 13 is prohibited even with parental or guardian consent.
Feedback.
We encourage users to participate in the Luxydrop community by providing feedback about their experiences. However, if you choose to do so, please only provide contributions that represent your honest and accurate experiences and opinions, without violating this Agreement.
Registered User (II)
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (x) with regards to product specifications, colors, textures, size, condition, value, origin, authenticity, functionality or appropriateness for use; or (y) that the Content on the Services reflects updated information in areas such as availability or market developments such as product recalls. We therefore encourage you to independently confirm with other sources any data, images, information, suggestions, guidance or other materials or Content made available on or through the Site or Services.
General prohibitions
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), LUXYDROP’S name, any LUXYDROP Trademark, or any other proprietary information of LUXYDROP, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;
Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a LUXYDROP Trademark, LUXYDROP logo URL or LUXYDROP product name without our express written consent;
Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms; UNLESS OTHERWISE
Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
Payments and Billing
We do not process payments for items included in Listings posted to the Services – that is handled by a Payment Processor. We also use third party payment processor like ‘’Stripe.’’
Processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor. For each good you purchase through the Services, you agree to pay the agreed upon payment amount for applicable for the goods. You hereby acknowledge and agree that the total charge for any purchase in the amount of an accepted offer or counteroffer in connection with an applicable Listing may include shipping fees and state and local sales tax, the amount of which varies (e.g., due to factors including the type of item purchased and the shipping destination). Each LUXYDROP user shall be solely responsible for all applicable sales taxes, or other taxes, customs, import/export charges or similar governmental charges on orders shipped to any other state or on orders shipped outside the United States.
Buyer
When buying an item through the Service, you agree to our rules and policies for Buyers described in our FAQ, which can be found at www.luxydrop.com/faq
Seller
By listing an item for sale through our services (websites), you are making a binding offer to sell that particular item to a buyer who purchases the item for the ask price you have specified and to ship the item in accordance with our FAQ page.
When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. SELLERS MUST SHIP items via the shipping carrier designated by LUXYDROP within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. Sellers must ship an item sold on our Sites from the country listed as your address on file (e.g., if your address on file is located in the United States, you cannot use the shipping label provided to you to ship the item from Canada). LUXYDROP will provide you with a shipping label if needed with such carrier after your item are matched by a buyer. You are obligated to monitor your inventory and ensure all listings are accurate. Once a buyer makes a purchase, under no circumstances may a seller cancel the listing. Failure to fulfill your orders will result in additional charges to you, including a minimum of $10.00 USD. If a seller fails to deliver items to LUXYDROP in accordance with these Terms, LUXYDROP reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of $10.00 USD. Remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s payment method for costs, expenses and fees incurred by LUXYDROP as a result of seller’s action or inaction, including charging seller for the cost of a replacement, coupons and gift certificates provided to the buyer, reprinting fees incurred by LUXYDROP, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
Returns
Due to the complex workings of our live marketplace, we do not currently offer returns. If you purchased something on LUXYDROP and the item does not fit to your expectations, the seller may not be required to accept a return.
Returns may only be eligible if the seller’s description inaccurately described the item in terms of authenticity, color, condition, fabric, and measurement. If no measurements are provided, it is the buyer’s responsibility to confirm fit and sizing prior to purchasing.
If your purchase was accurately described or did not have any description of fit/measurements. You may try to work out a mutual agreement with the seller so that they accept a return for a full refund.
If by any means you are unable to a workaround with the seller, you may relist the item back on LUXYDROP.
Warranty Disclaimer.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; how you may interpret or use the Content; or any dispute that may arise between you and any other LUXYDROP user in connection with the Services or otherwise, including without limitation related to any information or materials included in any Listing, offer to purchase any goods included in any Listing, payment in connection with any Listing, any decisions of a Seller to Accept Payment or Reject Payment or shipment, quality or condition of, or damage to, any goods included in any Listing.
You release us from all liability for your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. If you have a dispute with one or more LUXYDROP users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.