TERMS & CONDITIONS
Welcome to lexclusive website ("Website"). By entering our Website, you agree to these terms and conditions (the "Terms"). Please review these carefully prior to making any purchases. By using this site, you agree to comply with these Terms.
USE OF THE WEBSITE
Lexclusive is an online service for the sale of clothing, accessories and other merchandise ("Product(s)"). “We”; “Our”; means LEXCLUSIVE, 231 Rue Saint Honoré, 75001 Paris, France. We own and control the Website.
To purchase through lexclusive, you will be requested to either register or provide your email address and other details so you can checkout as a guest. The information sought will allow lexclusive to handle your transaction efficiently and effectively.
As payment will be made online, it is important that you enter all the requested information accurately. This will ensure that there is no delay in the dispatch of your order. The information provided will be treated in the strictest confidence. We do not share any customer data to any third parties and all customer data is held on a secure server.
The Website is available only to individuals who meet lexclusive terms of eligibility, who have been issued a valid payment method, i.e. a credit card etc., and who have authorised lexclusive to process a charge or charges on their payment method in the amount of the total purchase price for the Product(s).
By making an offer to purchase Product(s), you authorise lexclusive to perform credit checks and to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your payment card number or credit reports (and to the extent permitted by law appropriate credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your payment card, to obtain an initial payment card identification. We will only give your personal information to third parties where the law either requires or allows us to do so.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
If we reasonably suspect that information provided by you is or may be false, lexclusive may use the information you provide to conduct suitable anti-fraud reviews.
In case your personal information changes, please notify us by updating your information on your lexclusive account.
Lexclusive may modify these Terms at our sole discretion. If you do not agree to the changes to these Terms, you should stop using this Website. By using this Website after any such change(s), you agree to comply with the Terms as changed. Any changes made after you have placed an order with us, will not affect that order, unless we are required to make the change by law. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
MAKING A PURCHASE
Lexclusive acts as an online marketplace that allows designers and boutiques (collectively, "Sellers") a platform to advertise and sell apparel, fashion accessories, handbags, and shoes to buyers ("Buyers") like you. When you purchase from lexclusive, these Terms apply and the legal contract is between you and the seller(s) of the items you have ordered. Lexclusive acts on behalf of the seller(s).
All orders are subject to acceptance and availability.
PLACING AN ORDER
The Website contains an instructive guide that will walk you through the process of placing an order. You place your order for any selected products by clicking on the Submit Order button at the end of the online order process.
Once you have placed your order, you will receive an email acknowledging the exact details of your order.
Please note that although the Website lists available and unavailable Product(s), you may only purchase available Product(s). However, there may be occasions due to circumstances beyond lexclusive control, where the Product(s) that is ordered is not available. In this case the Product(s) will be cancelled from your order and will be communicated to you. You will not be charged for the Product(s).
Unless otherwise notified, lexclusive’s acceptance of your order occurs when you receive an email notifying you that we have dispatched the Product(s) as ordered by you and noted on that communication. Acceptance will be deemed to have occurred at the sending of this communication, regardless of technical problems you may experience, where the reasons are outside lexclusive’s control, which may result in you having not received that email in a timely manner.
If you require any information regarding your order(s), Contact a member of our Customer Service team at firstname.lastname@example.org
Lexclusive may not accept your order if (without limitation):
A product you have ordered is out of stock. We are unable to obtain authorisation for your payment. Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
PRICING & PAYMENT
The prices of the Product(s) on lexclusive exclude shipping and import duties. You confirm that the payment method that is being used is yours or that you have been specifically authorised by the owner of the payment card to use it. All payment card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment method refuses to authorise payment, lexclusive will not be liable for any delay or non-delivery. All payment transactions on the Website are processed using a secure online payment gateway that encrypts your details in a secure host environment. All care is taken, as it is in lexclusive’s power to do so, to keep the details of your order and payment secure. In the absence of negligence on our part, lexclusive cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
If a customer is not happy with their purchase they may obtain a full refund within 14 days of receipt of the goods. This does not effect your rights. Satisfaction is always a top priority and as such each query is addressed individually to the best of our ability. All successfully returned items will be only credited to the account used originally to purchase the items, less any taxes, import duties or original shipping charges incurred and will be refunded in Euros (€) at the price you paid. For more information about our returns process, please see our Returns Policy or contact our Customer Care team by email on email@example.com
Lexclusive cannot accept cancellations on an order after the product has been shipped.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by lexclusive and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Lexclusive tries to ensure that the information on this site is accurate and complete. Lexclusive does not promise that Lexclusive’s Content is accurate or error-free. Lexclusive does not promise that the functional aspects of the Site or lexclusive’s Content will be error free or that this Site, lexclusive Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
By posting on any of our social media channels you agree to be solely responsible for the content of all information you contribute. You also grant to lexclusive the right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hours to be displayed but lexclusive does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please email us at firstname.lastname@example.org
Lexclusive reserves the right at its sole discretion not to publish, or to remove, (without limitation) any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, or is detrimental to the trade marks, patents and copyrighted content, contains personal data, or improperly uses the medium for promoting and advertising businesses. The Website is available to the public; information you consider confidential should not be posted to the Website.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Lexclusive and we accept no responsibility for any such views expressed in any media.
THIRD PARTY LINKS
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to fully indemnify us for all claims arising from your claims to any rights in any Submission.
OUR LIABILITY TO YOU
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
In no event shall our maximum aggregate liability exceed the greater of one hundred US dollars ($100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by lexclusive shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at email@example.com
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France