The Luxchange X JBrown Pre-owned Luxury Auction
Terms & Conditions
Welcome to The Luxchange X JBrown Pre-owned Luxury Auction. The Luxchange and JBrown provide their services and Terms of Service ("TOS") to you subject to the terms and conditions ("Terms & Conditions'') detailed herein.
By using our Site, application, and services, you confirm that you are either at least 18 years of age or are accessing the Site and its services under the supervision of a parent or legal guardian.
Individuals who did not register their email address at Site might not be able to access or use all the information and functionality presented on Site. For the avoidance of doubt, such individuals are also considered a "User".
General Terms of The Luxchange X JBrown Pre-owned Luxury Auction:
- The winning bidder gets the first preference to pay and buy the item.
- In case the winning bidder does not follow through on the purchase, the next bidder gets the opportunity to buy the item.
- Items purchased through the auction are non-returnable, non-exchangeable, and non-transferrable.
- Shipping of items within India is free. For international shipments outside of India, the applicable shipping costs, duties, and taxes will be charged to the buyer.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
From time to time The Luxchange may offer special promotional offers, which may or may not apply to your The Luxchange account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such a section. The Indian laws will govern this TOS and the relationship between you and The Luxchange. The failure of The Luxchange to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
The Luxchange does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and The Luxchange and governs your use of the Site, superseding any prior agreements between you and The Luxchange with respect to the Site.
Country of Domicile
The Luxchange and Site are owned and represented by TLX Services & Co. having its registered office and place of business at Vadodara, Gotri Cooperative Society, Gotri Road, Vadodara - 390021, Gujarat, India.
Laws and Jurisdiction
These TOS subject to the Terms and Conditions mentioned here are governed by and construed in accordance with the Indian laws.
If you have any questions or comments about these Terms and Conditions, The Luxchange, Site, or associated Service, please send an email with the subject line "TOS Query" to email@example.com.
Terms of Service
Description of Services
On the site, The Luxchange provides users with access to sales of lifestyle, fashion, and luxury products and services online (the "Service"). You are responsible for obtaining access to the site, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the site. The Luxchange (TLX Services & Co.) owns the site.
License and Site Access
The Luxchange grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The Luxchange's sole discretion) an unreasonable or disproportionately large load on The Luxchange's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by The Luxchange to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by The Luxchange.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the Indian laws or other applicable jurisdiction. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Luxchange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Luxchange has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The Luxchange immediately of any unauthorized use of your account or any other breach of security. The Luxchange reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion.
Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
The Luxchange does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than The Luxchange, (b) any content provided on linked sites, or (c) the capabilities or reliability of any product or service obtained from a linked site (d) any technical or human errors that arise from software, tech, IT (Information Technology), bug, malware, virus attack, hack, not limited to these unforeseen situations which may or may not result in inaccurate content, pricing (The Luxchange pricing) and original retail price, description, etc.
Other than as required under applicable consumer protection law, under no circumstance will The Luxchange be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the site, or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
All promotional dates refer to the current year, unless otherwise stated.
Limitation of liability
You expressly understand and agree that The Luxchange and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches, etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if The Luxchange has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You agree to indemnify and hold The Luxchange (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the Indian laws. India is our country of domicile.
We accept payments via Visa and MasterCard credit/ debit cards, Cash on Delivery, Cash on Location (where available), Google Pay, and Bank Transfer. The cash on Delivery payment option is available with limitations for deliveries in different parts of India.
When you use the Site or send emails to The Luxchange, you are communicating with The Luxchange electronically. You consent to receive communications from The Luxchange electronically. The Luxchange will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Luxchange may charge a security deposit for any cash on delivery orders, which will be settled against the balance amount to be paid by the user.
Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. The Luxchange is under no obligation to review any messages, information, or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, The Luxchange may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Advertisements or solicitations of any kind
Impersonate others or provide any kind of false information.
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
Messages by non-spokesperson employees of The Luxchange purporting to speak on behalf of The Luxchange or containing confidential information or expressing opinions concerning The Luxchange.
Messages that offer unauthorized downloads of any copyrighted or private information.
Multiple messages placed within individual folders by the same user restating the same point.
Chain letters of any kind
Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using The Luxchange invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using The Luxchange to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because The Luxchange has no control over such sites and resources, you acknowledge and agree that The Luxchange is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Luxchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Minors under the age of 18 shall be prohibited to register as a user of this website and are not allowed to transact or use the website.
Modification and Notification of Changes
The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of The Luxchange and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of The Luxchange or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") are protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
The Luxchange is not associated with the brands that it sells, which are registered trademarks of the respective brand owners and not of The Luxchange.
Procedure for Claims of Intellectual Property Infringement
The Luxchange respects the intellectual property of others, and we ask our users to do the same. The Luxchange may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Luxchange's Service Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Luxchange's agent for notice of claims of copyright or other intellectual property infringement can be reached via email at firstname.lastname@example.org with the subject line "intellectual property".
The Luxchange may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
This section constitutes a binding agreement between the User (hereafter within these Buying Terms "Buyer") and The Luxchange. The Luxchange is in no way associated with the brands that it sells.
Buyer wishes to purchase certain items ("Item") as may be displayed and described on our Website/App. It is The Luxchange’s sole discretion to display or remove the displayed item depending on its availability or non-availability. The Luxchange is not liable to inform or alert the Buyer before removing or adding such an item. The Luxchange wishes to sell the Item on behalf of a Seller, subject to Buyer agreeing on the following Buying terms and Terms of Service:
Buyer acknowledges that The Luxchange's authentication process is in-house and independent of any brand association of any kind or nature. Brands mentioned on the Site are not involved in the authentication of any Item being sold and none of the brand owners or Sellers assume or own any responsibility for any Item purchased through the Site.
As a courtesy to the Buyer, The Luxchange may or may not provide descriptions and condition descriptions of the Item on the site and through other direct or indirect, online or offline means of communications. Buyer should note that descriptions of Item are not warranties and that each Item is sold ‘as is’.
The methods of payment for a purchased Item as accepted by The Luxchange are communicated via Site. Usually includes:
Cash-On-Delivery within India
The Luxchange attempts to be as accurate as possible. However, The Luxchange does not warrant that product descriptions, titles, attributes, specifications, price, or other content, or any other information related to the product(s) are accurate, complete, reliable, current, or error-free.
The Luxchange holds ownership in the way the titles or content are laid out, arranged, and standardized.
Estimated Retail Price
The "estimated retail price" is an estimate/ guess/judgment based on research from the brand's main site or other competitive sites. The buyer agrees that The Luxchange in its sole discretion will determine the initial estimated selling price for the item (the "Estimated Retail Price"), based on its evaluation of the item together with its determination of the current market price.
The Luxchange Price
"The Luxchange Price" means the decided selling price of a product which is a result/consequence of a binding agreement between the seller and The Luxchange. We regularly check estimated retail prices against prices recently found on The Luxchange and other retailers. Certain products may have a "Was Price" displayed when the item goes on sale, which is determined using the recent price history of the product on The Luxchange Website/App.
With respect to items on sale on The Luxchange, we cannot warrant the price of an item until your order is confirmed by us. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation and the refund thereof. The Luxchange is not liable to contact the customer for any item that is priced incorrectly.
Contact The Luxchange via Phone: +91 95102 31431;
Email: email@example.com within 24 hours of the Buyer's receipt of the Item along with the order number for the item.
Item is returned undamaged in the original condition it was received, with The Luxchange packaging includes; original papers, original packaging, and tags still attached.
Buyer hands over the item to the designated courier as booked by The Luxchange for the respective collection. The Luxchange shall not be liable for any loss and/or damage to the Items shipped via any other courier/post.
Items that are marked as ‘No returns on this item’ are final sale items. Once purchased, such items cannot be returned.
Refunds are processed within 7 Business Days after the returned item has been received by The Luxchange and checked for Quality & Condition.
All prepaid orders (Credit Card, PayPal, ApplePay) are refunded to the original method of payment and cannot be substituted/transferred to any other method.
Cash payment orders are refunded only via an online transfer to a Bank Account.
All international transactions are converted to USD and the received amount shall be refunded to the buyer's original method of payment for the exact value as received. Any difference in the refund amount due to currency exchange is the responsibility of the buyer.
Credit card refunds, once initiated, may take 7-14 Business Days to complete the bank's processing and be credited to the buyer's account. Bank Transfers may take 3-5 Business Days for completion once processed.
Refund shall be processed for 100% value of the item(s) and does not include any Shipping Costs, TLC Cash, Vouchers, Customs Duties & Taxes, and/or any other local taxes paid by the buyer.
In case of an unsuccessful delivery, any Customs Duties & Taxes borne by The Luxchange shall be deducted from the buyer's refund.
PayFort Installments and Returns:
Items purchased via Payfort can be returned/cancelled for a refund with a 10% reduction as cancellation fee. Return must be initiated within 3 days after delivery. Applicable interest charges that are due to the issuer bank will be deducted. The Luxchange under no circumstance is liable for the payments/ interest charges, bank charges, fees, etc. deducted by the issuer bank or PayFort.
If the cancellation is initiated after the dispatch of the order, The Luxchange will charge a restocking fee along with the applicable interest charges levied by the issuer's bank.
In unforeseen and rare case scenarios The Luxchange or our suppliers holds rights and may choose to cancel a PayFort order with or without prior information. In such cases only will The Luxchange refund the entire amount.
No Returns will be entertained post the 3 day return period.
All interest payments due to the issuer bank are the sole liability of the customer. The Luxchange holds no liability for any such payment and interest charges-related communication.
The Luxchange offers a lifetime authenticity guarantee for all items sold on our platform. In case of a rare event of a sold item found and proven to be inauthentic, the buyer will receive a 100% refund including the cost of the return shipment.