LuxyList | Terms and Conditions

Terms & Conditions

Last updated: Feb 19, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: New York, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to LUXYLIST, INC., 1001 Avenue of the Americas, 12th Floor, New York, NY 10018.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to LUXYLIST, accessible from LUXYLIST.IT

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, and Your billing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (Apple Pay, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Use of Site
Harassment in any manner or form on the site, including via message, video, or by use of obscene or abusive/rude language, is strictly forbidden. Impersonation of others, including a LUXYLIST.IT or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not share any private conversations or information with any licensed employee, host, representative, as well as other members or visitors to the public as this is considered an invasion of privacy. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

LUXYLIST.IT does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, LUXYLIST.IT is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, LUXYLIST.IT reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; another intellectual property right of another or (d) offensive or otherwise unacceptable to LUXYLIST.IT in its sole discretion.

Client User Accounts – Creators of LUXYLIST Wish Lists

Registration

To use the services made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please edit the information immediately on the “Account” page. Additionally, we may also obtain information as a result of authentication or identity checks if we deem it necessary.

Password and Security

When you register to use LUXYLIST.IT you will be asked to create a username and password. You must keep your password confidential and not disclose it or share it with anyone. You will be responsible for all activities that occur under your password.

If you forget your password, please click the link on the sign in page.

Privacy Policy

LUXYLIST treats your privacy very seriously. By registering, you are consenting to the collection of your personal data. We need to hold personal information including your name, email address, phone numbers, home address, shipping address(es) so that your gift items can reach you. Your name and address, and other information will remain strictly private. The only information the customer will see when ordering is your username. LUXYLIST uses the information for the shipping details. We do require you to put your real name in the relevant box for delivery purposes. This information is kept completely private.

We do not sell your personal information to third party marketing companies. We may use your personal information for our internal marketing and demographic studies together with non-personal data to monitor customer patterns so we can consistently improve our site to better meet customer needs.

The Ordering Process

You will receive an email from LUXYLIST informing you that an item from your LUXYLIST has been purchased. The item will also show up as 'Gifted' on your LUXYLIST.

LUXYLIST will then process the order with the retailer in the order received. All sizes/colors/styles must be entered in the product details section for each item ordered, otherwise the default item may be ordered. We may attempt to contact you regarding item details. We attempt to process all orders as soon as possible, this time varies. There is our order processing time plus the linked retailers processing time and shipping time. Once the retailer has informed LUXYLIST that the item has been shipped, you will receive an email confirming this shipment. The item on your wish list will show up as 'shipped'. All orders are processed with base shipping, we do not one day or overnight packages unless preset by the ordering site as an option.

If an item is out of stock we will try to find the item on another site. If we are unable to order an item from another site or have issues with the site linked, LUXYLIST will inform you by email and issue LUXY CREDITS of the amount originally paid (minus payment merchant charges). Please note you cannot cash these credits out to your bank and they may only be used toward items on LUXYLIST.

If, on receipt of the item, you find it is unsuitable, please follow the instructions according to the retailer concerned, received in the parcel. It is helpful to inform LUXYLIST that you have returned an item unless it is a straightforward exchange. If an item has been returned, LUXYLIST will issue LUXY CREDITS reflecting the amount refunded by the retailer.

Good and Services

LUXYLIST purchases goods from third party sites on behalf of its customers. We are not responsible for the quality of the goods purchased from those sites, nor their processing and shipping times.

Purchases for goods to be sent from a different country to that of the recipient may require the recipient to pay local duties and taxes.

While it is our intent to make as many retailers available as possible, we can only purchase items for those which accept international billing addresses, when international shipping is necessary. If we cannot purchase the item, for this reason, we will inform you by email and refund the amount paid for the item plus the shipping with LUXY CREDITS.

LUXYLIST.IT is not a delivery or warehouse service. We securely and discreetly facilitate the anonymous gifting of luxury items by purchasing directly from the URL provided by the LUXYLIST holder. All matters concerning the shipping process from linked sites are solely the responsibility of that site, and the receiving party. LUXYLIST.IT cannot and is not responsible for maintaining the security of your mailbox and property. You hereby waive any claim you might have against LUXYLIST with respect to that process.

If you do have a question or a complaint, which is not related to the above, please contact us by email to HELLO@LUXYLIST.IT

Pricing Policy

LUXYLIST charges a 12% service charge per gift order to cover cost of operating and credit card processing fees, in addition to the price of the product and shipping. This service charge is necessary to cover the cost of our operating and administrative expenses, and credit card processing fees.

Prices are set by the third party site itself, and not LUXYLIST.IT. Please also note that not all prices are final, customers or recipients using LUXY CREDITS are responsible for all shipping, taxes, duties & fees associated with their order before and after final purchasing of product.

For anyone who adds items in currencies other than USD, we will issue you back the difference to your gift card balance on the product once ordered if a refund is warranted after paying all cost including shipping and fees. If your prices on your LUXYLIST are incorrect you are free to email us and we can assist in converting the prices for you. If you feel there was a discrepancy on an order paid please email us at HELLO@LUXYLIST.IT

Prohibited Sites

LUXYLIST does not allow (and may block) the addition to wish lists of items on auction (at sites such as eBay, for example - however non auction items are acceptable). We do not purchase tobacco or alcohol and reserve the right to refuse purchase of any substances deemed harmful.

Client User Accounts – Purchasers of Items from LUXYLIST Wish Lists

Privacy Policy

Customers placing an order will need to provide personal information including your name, email address, phone numbers and a billing address so that the order can be processed successfully. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner's systems. Additionally, we may also obtain information as a result of or for authentication or identity checks.

We do not sell your personal information to third party marketing companies. We may use your personal information for our internal marketing and demographic studies together with non-personal data to monitor customer patterns so we can consistently improve our site to better meet customer needs.

The Ordering Process

Your order via our online wish list service constitutes an offer to us to buy the products you select from the relevant website. All orders are subject to availability and to acceptance by us.

You have the option on our checkout page to send a message with the gift. LUXYLIST will endeavor to pass on this message, preferably with the gift or by email. LUXYLIST monitors the content of these messages and reserves the right to block messages if they are deemed unsuitable in any way.

Once your order has been placed, you will receive an email acknowledging your order. This email is not confirmation that your order has been placed, just a confirmation that we have received it. Once your order has been processed by LUXYLIST, you will receive a secondary email to confirm the order has been placed with the retailer and the item shipped. We do not provide any personal tracking information associated with the delivery of gifts to the purchaser as it may contain sensitive personal information pertaining to the gift recipient.

If LUXYLIST cannot process the order, (if an item is out of stock, for example), we will issue LUXYLIST gift credits to the recipient, reflecting the amount paid by you originally (minus the payment merchant fee). Please note the wish list holder is responsible for ensuring the linked site ships to their country and accepts/processes U.S. billing.

We do not accept requests for cancellation or refunds; however, we reserve the right not to accept your order in the event, for example, that we are unable to accept authorization for payment.

Good and Services

LUXYLIST purchases good from third party sites on behalf of its customers. We are not responsible for the quality of the goods purchased from those sites.

A delivery charge is added to every wish list purchase to cover any shipping costs incurred from the 3rd party retailer. It is a set fee which does not differentiate between retailers. The exact fee is based on whether it is domestic or international delivery and is also dependent on the currency of the product. Our delivery charges have been calculated based on average retailer delivery charges.

All matters concerning the shipping process from those sites are solely the responsibility of that site. You hereby waive any claim you might have against LUXYLIST with respect to that process.

If you do have a question or a complaint, which is not related to the above, please contact us by email to HELLO@LUXYLIST.IT

Pricing Policy

LUXYLIST charges a 12% service charge per gift order to cover cost of operating and credit card processing fees, in addition to the price of the product and shipping. This service charge is necessary to cover the cost of our operating and administrative expenses, and credit card processing fees.

Prices are set by the third party site itself, and not LUXYLIST.IT. Please also note that not all prices are final, customers or recipients using LUXY CREDITS are responsible for all shipping, taxes, duties & fees associated with their order before and after final purchasing of product.

Payment

We currently accept payment via all major credit cards, including Visa, American Express, MasterCard, among others.

We take reasonable care to make our site secure. All credit/debit card transactions are processed using a secure payment gateway. Some accounts and orders may be subject to further verification before the order can be processed on our end.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order 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 Site.

*Please note there are some sites which are not compatible with the LUXYLIST system.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at luxylegal@gmail.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • 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 owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at luxylegal@gmail.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: LUXYLEGAL@GMAIL.COM

By visiting this page on our website: LUXYLIST.IT/FAQ