Terms of Use


TERMS AND CONTIONDIONS

Please read these Terms of Use (“Terms”) carefully. This website (“Site”) includes without limitation the collection of web pages that can be accessed via www.theluxelle.com. LUXELLE, LLC. PROVIDES THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN LUXELLE AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGEEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

LICENSE TO USE THELUXELLE.COM

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of LUXELLE or its respective owners. LUXELLE may amend these Terms at any time by posting the amended terms on this Site.

You will not interfere or attempt to interfere with the operation of theluxelle.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs or any other means expressly prohibited by any provision of these Terms.

You understand and agree that you may not reproduce, copy, resell, manipulate or exploit any part of theluxelle.com for any commercial purpose, nor may you frame or mirror any part of theluxelle.com without LUXELLE's prior written authorization. Further, you may not create derivative works from, republish, upload, edit, post, transmit or distribute in any way whatsoever any materials from theluxelle.com without the prior written permission of LUXELLE.

In turn you grant LUXELLE and its affiliates an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, adapt, translate and distribute any content your provide us or post on this Site for any purpose, commercial, advertising, or otherwise, throughout the world in any media.

SUBMISSION BY YOU

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "User Submissions") to your social media accounts. By posting and uploading User Submissions that you have tagged with #theluxelle, #luxelle or other hashtags that LUXELLE uses, you grant to LUXELLE LLC, its third-party service providers who provide content management services, and its retail partners, if any, (collectively, the "Licensed Parties") the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your LUXELLE-tagged User Submissions in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on their webpages, social media pages operated by LUXELLE, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold LUXELLE, the Licensed Parties, and any person acting on LUXELLE’S or their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions.

DISCLAIMER OF WARRANTY

(A) USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT THEIR SOLE RISK. NEITHER LUXELLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSEES, IF ANY, WARRANT (1) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, (2) THAT ANY ERRORS WILL BE CORRECTED, (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. (4) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (5) THAT THE SITE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON,

(B) THELUXELLE.COM, THE SOFTWARE AND OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

(D) In no event will LUXELLE or any person or entity involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.

(E) LUXELLE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the online service.

(F) LUXELLE does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.

PEOMORIONS

By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that LUXELLE may use information about You for marketing, product development and promotional purposes. You agree that LUXELLE may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of LUXELLE’s Privacy Policy. Further, You agree that LUXELLE may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on LUXELLE products or for such other purposes as LUXELLE deems appropriate. Please see Official Rules available for specific surveys, sweepstakes, contests or promotions for further details.

CHANGES TO THELUXELLE.COM AND/OR TERMS OF USE

LUXELLE reserves the right, at its sole discretion, to change, modify, add or remove any portion of theluxelle.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of theluxelle.com after any changes to these Terms are posted will be considered acceptance of those changes.

CONTENT PROVIDED BY LINK

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that LUXELLE 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. LUXELLE will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss 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.

INTELECTUAL PROPERTY RIGHTS

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. 

INDEMNIFICATION

You agree to indemnify, defend and hold LUXELLE, LUXELLE’s officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys' fees and legal costs) or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LUXELLE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE, EVEN IF LUXELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LUXELLE's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING theluxelle.com.

RULES AND LIMITS ON USE OF THE SITE

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

SPECIFIC PROHIBITED USES

The Site may be used only for lawful purposes by individuals using authorized services of LUXELLE. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. LUXELLE specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  1. Posting any information which is incomplete, false, inaccurate or not your own;
  2. Impersonating another person;
  3. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
  4. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  5. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  6. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
  7. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
  8. 8. Attempting to interfere in any way with the Site's or LUXELLE’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

SECURITY RULES.

Violations of system or network security may result in civil or criminal liability. LUXELLE will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  1. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

USER GENERATED CONTENT.

We are not responsible for the content users post on this Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or "UGC" on this Site that you did not create or that you do not have permission to share. You may not post or upload to this Site any content that violates our Security Rules or Specific Prohibited Uses or Ratings & Review guidelines or Restriction. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right to use, distribute and share the UGC for promotions and marketing purposes. You also understand and agree we have the right, but no obligation to archive or to not publish, or to modify or remove Site Content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use or otherwise harmful to our Site.

PRICE ADJUSTMENTS

Due to the overall high demand for merchandise and availability issues, we do not allow for price adjustments. Prices, promotions and sales are subject to change without notice. Please review our complete Return Policy.

TAXES

State laws require that we charge applicable sales tax on orders shipped to IL, where LUXELLE has a physical presence. Please note that order totals at checkout reflect estimated tax. The actual charge to your credit card will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.

RATINGS & REVIEWS

The goal of ratings and reviews on theluxelle.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, YOU are in the best position to provide a first-hand review our products. We appreciate your time in sharing your thoughts and opinions.

GUIDELINES

Reviews are limited to 1,000 characters and require a rating selection to submit.

Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.

Your review should be focused on the product: features, characteristics and performance vs. any purchase or delivery experiences.

Focus on information you think would be helpful for others in their purchasing decisions.

Please ensure you comply completely with all the guidelines. LUXELLE will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.

RESTRICTIONS

To write a review you must:

  1. Register to write a review
  2. Create a username upon submitting your first review (one time only)
  3. Be at least 18 years of age or older

We cannot publish reviews that contain:

  1. Profanity
  2. Spiteful, racist, sexually explicit or sexually gratuitous comments
  3. Comments about other reviewers
  4. Content that may infringe upon the material, trademarks or intellectual property of others
  5. Content that might be considered to be harassment, abuse or threats against the personal safety or property of others
  6. Remarks that repeat criminal accusations
  7. Comments that make false statements, defame or impersonate others
  8. Time-sensitive material
  9. Spamming or advertising
  10. Third-party brand names or trademarks
  11. Personal information about anyone (including yourself) such as phone numbers, postal addresses or credit card numbers
  12. HTML code, computer script or website URLs
  13. Availability, price or alternative ordering or delivery information
  14. Information on LUXELLE’s suppliers or manufacturers
  15. Comments on LUXELLE’s service. If you have comments on this, please Contact Us.
  16. Please also note that suppliers, manufacturers and employees are not eligible to submit a review.

  17. If a review is submitted that contains any of the above, LUXELLE reserves the right to:

  18. Not publish the review
  19. Take any appropriate action if deemed necessary
  20. All reviews submitted become the property of LUXELLE. Your personal details will not be used or passed on to any third parties.

TEXT MESSAGING

The LUXELLE text messaging program keeps you informed of upcoming promotions and events. If you choose to enroll we'll send you about 3 to 4 messages per month. Standard messaging rates and/or other charges may apply. Text messaging is only valid in the U.S. Text "Stop" to 312-809-6725 to quit. Text "Help" to 312-809-6725 for help.

INACCURACY DISCLAIMER

From time to time there may be information on theluxelle.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your theluxelle.com purchase, please see our Return Policy.

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts of DuPage County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

MEMBER SIGN IN

If you decide to create an account on theluxelle.com, you agree to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete and (3) comply with these Terms. You may review, correct, change or update your membership information by visiting the My Account section of theluxelle.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. As part of the membership sign-in process, you will be asked to select a member name and password. You may not choose a member name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion. We reserve the right to reject any member name in our sole discretion. You agree not to transfer or resell your use of or access to theluxelle.com or permit anyone else whose account or membership was suspended or terminated to use theluxelle.com through your account, member name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information and immediately notify us by email. You are solely responsible for maintaining the confidentiality of your member name and password for any and all activities (including purchases) that are conducted through your account.

COPYRIGHT POLICY AND COMPLAINTS

LUXELLE respects the intellectual property of others. If you believe that your work has been copied in any manner that constitutes copyright infringement or infringes on other intellectual property rights, please provide LUXELLE’s copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner's behalf.

LUXELLE’s Copyright Agent for notice of claims of copyright infringement on theluxelle.com can be reached at:

LUXELLE LLC
Attention: Legal Department
P.O Box 87555
Carol Stream, IL 60188

Please note that this is the exclusive procedure for notifying LUXELLE and its affiliates that your copyrighted material has been infringed.

TERMINATION

You understand and agree that LUXELLE may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that LUXELLE may take any one or more of these actions without prior notice to you. You understand and agree that LUXELLE shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account.

NOTICES

LUXELLE, in its discretion, may provide you with notice(s) via email, regular mail and/or it may use other reasonable method(s). The Site may also provide notice(s) of changes to the Terms or other matters by displaying notices or links to notice(s) to you on the Site and/or it may use other reasonable method(s).

HOW TO CONTACT US

If you would like to contact us for any reason, please write us at:
LUXELLE LLC
Attention: Legal Department
P.O Box 87555
Carol Stream, IL 60188

GENERAL INFORMATION

The Terms constitute the entire agreement between you and LUXELLE and govern your use of the Site, superseding any prior agreements between you and LUXELLE. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between LUXELLE and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to LUXELLE or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of LUXELLE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid,

the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of LUXELLE’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

EFFECTIVE DATE

These Terms of Use are effective as of June 1, 2016.

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