BUYER TERMS AND CONDITIONS
Last Updated on 16th October
Luxepolis Retail Service Private Limited (“Luxepolis” or “We” or “Our”) is the author and publisher of the internet resource www.Luxepolis.com. (the "Website" or "Site") is an online marketplace providing an online platform ("Services") to order luxury products ("Products") from the list of third-party vendors or sellers available on the platform ("Seller"). It is important that You spend time reading the terms as they constitute a legal agreement between Luxepolis and the Buyer ("You", "Your" or "Buyer") in connection to the Products offered for purchase on the Website.
The registered office of Luxepolis is at D-2 Poddar Chambers, Mathuradas Mills Compound, Tulsi Pipe Road, Lower Parel (West) Mumbai - 400013.
These Buyer Terms and Conditions ("Buyer Terms") and the Terms of Service shall define the terms and conditions under which You are allowed to use the Website and purchase the Products on the Website and how We will treat Your account while You are a member. The Buyer also agrees to comply with terms and conditions of the Luxepolis Seller. If You have any questions about our Terms, feel free to contact us at vip@luxepolis.com.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so You are aware of any revision to which You are bound. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.
This Agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of the services.
1. TERMS OF USE
1.1 By using the Website and the Services, You agree that You have read and understood these Terms and You agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE OR ITS SERVICES. You expressly represent and warrant that You will not avail the Services if You do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon You. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES FOR MAKING PURCHASES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
1.2 The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant's password(s). Any such fraudulent conduct may be reported to law enforcement, and Luxepolis will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
1.3You agree that You will abide by the terms and conditions of this Agreement, any additional terms and conditions and Luxepolis policies, including any amendments thereto made by Luxepolis from time to time which may be made without notice to You.
1.3The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:
(i) the Indian Contract Act, 1872,
(ii)the (Indian) Information Technology Act, 2000 and
(iii)the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
2. MEMBERSHIP
2.1Use of this Website for purchase of Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible to purchase Products on this Website. You represent that You, in Your individual capacity is competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.
2.2Luxepolis reserves the right to terminate Your membership if You fail to comply with Luxepolis’ policy which may be amended from time to time.
3. ACCOUNT REGISTRATION AND YOUR INFORMATION
3.1You will be able to purchase Products on the Website subject to conditions, by registering on the Website to create an account ("Luxepolis Account") and become a member ("Member").
3.2You are responsible for safeguarding Your Luxepolis Account password. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Luxepolis Account, whether or not You have authorized such activities or actions. You will immediately notify Luxepolis of any unauthorized use of Your Luxepolis Account.
4. TRANSACTIONS ON THE WEBSITE
4.1The agreement for the delivery of Products from Website is between You and the Sellers; for the supply of Services from the Website, the agreement is established between You and Luxepolis.
4.2Luxepolis and the Website acts as a mere venue/platform for the Users to interact for buying, selling and other allied services as provided on the Website.
4.3Luxepolis does not own, sell, resell, furnish, prepare, manage and/or control the Seller or the Products offered. We are not a party to any contract for sale negotiated between You and the Seller.
4.4 Our responsibilities are limited to:
(i)facilitating the availability and outreach of the Website
(ii)serving as the of each Buyer for the purpose of accepting payments from You for Your online purchase order and delivering Your order.
4.5Products purchased from the Website are intended for Your use only and You warrant that any Products purchased by You are not for resale and that You are acting as principal only and not as agent for another party when receiving the Product or Services.
4.6You acknowledge and understand that various Products featured on the Website may be suitable for a particular category of consumers based on various parameters such as age, sex, body built, etc. It is Your sole responsibility to check whether the Product You are ordering is suitable for the intended recipient.
4.7Any order that You place on the Website is subject to product availability, delivery capacity and acceptance by Luxepolis and the Seller. When You place Your order online, We will send You an email to confirm that We have received the order. This email confirmation will be produced automatically so that You have confirmation of Your order details. You must inform Luxepolis immediately if any details are Incorrect. The fact that You receive an automatic confirmation does not necessarily mean that either We or the Seller will be able to fulfill Your order. Once We have sent the confirmation email, We will check availability and delivery capacity.
4.8You understand that the Website is only an online platform for providing the Services and that it may not maintain inventory of Products featured. Accordingly, if the Product ordered on the Website is available in the inventory of the Seller, the concerned Seller will accept the order and will confirm to Luxepolis. Luxepolis will then communicate the confirmation to You by text message (SMS) to be sent to Your registered mobile number. The confirmation message will specify delivery details including the approximate delivery period and the price of the Product. We will take all reasonable care, so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide when accessing or ordering from the Website.
4.9In case Product delivery is not possible for whatsoever reason, Luxepolis will let You know by text message (SMS) or phone call. You understand and acknowledge that in unforeseeable events or force majeure events (events which are beyond the control of the Luxepolis), Luxepolis may not be able to communicate the delay or non-delivery.
5. PAYMENT FOR PURCHASE
5.1 All prices listed on the Website for the Products is correct at the time of publication and is as received from the Sellers. While Luxepolis takes great care to keep them up to date, the final price charged to You by the Seller will be informed to the Buyer at the time of delivery. Luxepolis reserves the right to alter the price of the product available for sale on the Website and to delete and remove from listing Sellers and their Product options, if any.
5.2The total price for Product delivery including all other charges, taxes, costs, if any, will be displayed on the Website when You place Your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made per the available payment mode on the Website.
5.3If You choose online payment, You must pay for Your order before it is delivered. Cash on delivery option will be provided for Purchase value upto INR. 40,000/- (Indian rupees forty thousand only). The cash on delivery limit may be subject to changes from time to time. You shall ensure that online payment mode is secured, Your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your debit/credit card company may also conduct necessary security checks to confirm Your identification before making any such payment.
5.4You agree to pay Luxepolis for the total amount for any order made on the Website . We will collect the total amount in accordance with the Buyer Terms and the pricing terms set forth in the applicable product listing for the particular Buyer.We control on any amount that may be charged to You by Your bank for your payment of the Selling Price of the order, and We disclaim all liability in this regard.
5.5You acknowledge and agree that Weare accepting payments from You on behalf of the Seller as a facilitator. Upon Your payment of amounts to Luxepolis, which are due to the Seller, Your payment obligation to the Seller for such amounts is completed, and We are responsible for remitting such amounts, to the Seller. You shall not, under any circumstances whatsoever, make any payment directly to the Seller.
6. Delivery
6.1 Delivery period quoted at the time of order is approximate estimate and may vary. You shall be informed if there is any change in delivery time period. Products will be delivered to the address designated by You at the time of placing the order by You.
6.2In case delivery is done by Luxepolis or a third party delivery service provider assigned by Luxepolis, Luxepolis will take reasonable care to deliver in a timely manner. There shall be no responsibility on the part of Luxepolis in either case.
6.3All orders are delivered by a reputable courier. Luxepolis and the Sellers will make every effort to deliver within the time stated; however, Luxepolis will not be liable for any loss caused to You by late delivery. If the Product is not delivered within the estimated delivery time quoted, You shall contact Luxepolis by email and Luxepolis will try to ensure that You receive Your order as quickly as reasonably possible.
6.4In case of a late delivery, the delivery charge will neither be voided nor refunded by Luxepolis.
6.5The ownership in the Product shall pass to you upon delivery and the completion of three days of dispute/returns/exchanges/cancellation period.
6.6If You fail to accept delivery of the Product at the time they are ready for delivery or Luxepolis is unable to deliver at the scheduled time due to Your failure to provide appropriate instructions or authorizations, then the Product shall be deemed to have been delivered to You and all responsibility in relation to such Product shall pass to You. Any storage, insurance and other costs which Luxepolis may incur as a result of the inability to deliver shall be Your responsibility and You shall indemnify Luxepolis in full for such cost.
6.7 The Sellers and Luxepolis shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
7.REPLACEMENTS, CANCELLATIONS AND REFUNDS
Cancellation by Luxepolis7.1 There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
i) Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.
i)In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
ii) The User shall make a request for cancellation of order, within 24 (twenty four) hours of making the order or before Luxepolis ships the order, on the Website for it to be a valid request. In case the cancellation request is made after 24 hours or shipping, Luxepolis shall have the full right to decide on the refunds based returned packaging condition and other parameters to ensure that the product is not damaged in anyway and is in a sellable condition. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
i)Luxepolis will not be liable to replace any Products and the liability to replace any such Products is that of the Seller. Luxepolis and the Buyer acknowledge that the Products purchased/used are not subject to any Luxepolis warranties.
ii)The Buyer/User acknowledges that any claim for replacement/return must be made within 3 (three) days of the delivery of the Product and any claim/request for replacement/return beyond the period of 3 (three) days shall not be accepted.
iiI)With in 3 days of delivering the product to the buyer, for whatsoever reasons, Luxepolis reserves the right to recall or call-back the shipped product. Buyer hereby agrees to fully cooperate with Luxepolis in its endeavor to offer the best service.
iv)The Buyer/User hereby acknowledges that any or all claims in relation to returns and replacement are made to the concerned Seller and Luxepolis is merely facilitating the transaction. Luxepolis may assist the customer in lodging a complaint with the Seller to get the Product replaced or serviced.
v)The User shall not tamper with the Product before Product Sale or during any procedure of cancellation and replacement/return.
Refunds
i) In case of cancellation before shipment, we process the refund within a week.
ii) In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified at our warehouse.
iii) For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 days of us receiving the products back. It may take 3-5 additional days for the amount to reflect in user’s bank account.
iv)For cash on delivery transactions, we will issue user a cheque in the name and address as specified in the billing details with the refund amount within 10 days of us receiving the products back .
8. TERMS OF SERVICE
8.1 You agree and acknowledge that We shall not be responsible for:
i)The Products provided by the Seller including, but not limited to, Products suiting Your requirements and needs
ii)The Seller’s goods not being up to Your expectations or leading to any loss, harm or damage to You
iii) The availability or unavailability of certain Products listed on the Website.
8.2 The details of the product available on the Website are based on the information provided by the Sellers and We shall not be responsible for any change or cancellation or unavailability.
8.3 While Luxepolis endeavours to accurately reflect the original MRP. However, due to the nature of the Products sourced from various international locations, currency fluctuations, aging of the product, Luxepolis can't be held responsible for any anomalies in the original MRP pricing.
8.4 You may not be able to avail our Services if Your delivery location is outside our current scope of Service. We will keep You informed of the same at the time of confirming Your order booking.
8.5 You understand that the delivery period quoted to You at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of Your order.
8.6 Your order will be only delivered to the address designated by You at the time of placing the order. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and You shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
8.7 You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to Your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to You and all responsibility in relation to such goods shall pass to You. You shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
8.8 You understand that our liability ends once Your order has been delivered to You.
8.9 You confirm that Luxepolis shall not be responsible for any deficiency in payment of consideration payable towards the Products purchased from the Website.
8.10 You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for buying the Products. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared by Luxepolis with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
8.11 We do not offer any refunds against goods already purchased from the Website unless an error that is directly attributable to Luxepolis or the Seller has occurred during the purchase of such Product
8.12 You agree that the delivery services shall be provided by Luxepolis only during the working hours of Luxepolis.
9. NO ENDORSEMENT
9.1 Luxepolis or the Website does not endorse any Seller. We will not be responsible for any damage or harm resulting from Your interactions with other members or Sellers on the Website.
9.2 By using the Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other members or Sellers or other third parties will be limited to a claim against such particular members or Seller or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Luxepolis with respect to such actions or omissions.
10. LIMITATION OF LIABILITY
10.1 Great care has been taken to ensure that the information available on the Website is correct and error free. We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy, that the use of the Website will be error free or that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.
10.2 By accepting these Buyer Terms You agree to relieve Luxepolis from any liability whatsoever arising from Your use of information from any third party, or Your use of any third party website, or Your purchase of any Product from any Seller on the Website.
10.3 The Products sold on the Website are provided for private, domestic and consumer use only. Accordingly, We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any Products or Services availed through the Website.
10.4 We have taken all reasonable steps to prevent internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, We cannot be held liable for breach in our secure computer servers or those of third parties.
10.5 In the event Luxepolis has a reasonable belief that the Website has been abused by the Buyer or in suspected instances of fraud, Luxepolis may cause the Buyer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of the Website, Luxepolis reserves the right to seek compensation from any and all violators.
10.6 Offers available on the Website are subject to Luxepolis’ discretion and may be withdrawn at any time and without notice.
11. INDEMNIFICATION
You agree to indemnify, defend and hold Luxepolis, its parent, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, Sellers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any Your breach or violation of Buyers Terms or any other Terms in the Website applicable to You, or due to Your activities on the Website.
12. GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the business or Website.
13. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Legal Counsel
Luxepolis Retail Service Private Limited,
3rd Floor, Orbit Terraces,
64 NM Joshi Marg,
Lower Parel (West)
Mumbai – 400013
Phone: +91 80 80 80 6827
Email: legal@luxepolis.com
