Service Terms

Services Terms

 

These Services Terms (“Service Terms”) govern you, visitors, the customers, and/or any individuals (Hereinafter: “Client”), sale of goods using the buying, selling, consigning, authenticating, buy-back, and any other related content, features, materials, applications, widgets and/or services (collectively the “Services”) offered by LUXCELLENT®, a Doing-business-name of NYC Fashion Revival LLC (Hereinafter: “Company” or “we” or “us”) on the website located at https://www.luxcellent.com (The “Website”). The Client that use the Services and/or the Website agree with this Services Terms.

 

By using the Services and the Website, Client accepts all of the provisions of the Terms (and any additional terms incorporated herein) and represent to Company that you are legally competent to enter into and agree to these terms of use. If Client does not accept the Terms, then Client is not authorized to use any of Company’s Website and Services.

For purposes of the Term, “Client” means you as the user of the Services. If you use the Services on behalf of a company, organization, or other entity, then (a) Client includes you and that entity, (b) Client represent and warrant that Client is an authorized representative of the entity with the authority to bind the entity to the Terms, and that Client agrees to the Terms on the entity’s behalf, and (c) Client’s entity is legally and financially responsible for Client’s use of the Services as well as for the use of Client’s account by others affiliated with Client’s entity, including any employees, agents or contractors.

 

All Clients who use the Services and the Website must accept and comply with the terms and conditions and Services Terms set forth herein. If you have any questions regarding the Terms and Conditions and/or the Services Terms, please contact Company via email at info@luxcellent.com.

I. Services

1.1 Retail Purchase from Company: Client that purchases products from Company’s Website agrees to the Terms and Conditions and Services Terms. By placing an order with Company on Website, requesting an invoice for purchase, and/or through sending a purchase inquiry to Company, satisfying the requirements for the service of purchase (hereinafter: “Purchase”).

1.1a The Price and the Discount: Company reserves the right to determine prices and discount percentages for all Items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Company reserves the right to cancel, delete, or suspend a discount without notification to Client. In terms of international orders, custom duty and taxes will be Client's own responsibility. Client is recommended to use a forwarding company to forward the package to Client's international address. However, the order will still be considered as an international order, which is non-returnable and non-refundable. Shipping fees, custom duty, taxes, and any fees occur during the transit of this order will be Client's own responsibility. A returned/refused package will be considered as a cancellation of the order. A handling fee of $35 will be charged and any fees that occurs on a returned/refused package will be Client's responsibility. Only one promotional discount can be used at checkout. 

1.1a(1) (NOT IN USE) Name Your Price: Name Your Price (hereinafter: "NYP") is a third party Shopify app provided by Negotio. When Client uses NYP, Client agrees that the accepted or declined prices are solely decided by the Company. Company has reserve full rights to accept, decline, or re-offer an item's price with or without prior acceptance or decline on an item's price. When Client uses NYP service and receives an accepted offer, Client understands that no promotion, discount code, or any coupon code will be combined with NYP price. Drop sale and wholesale will not be eligible for NYP. The accepted price through NYP will be viewed and used as a promotional code at checkout and hence no other discount code or promotion can be combined. Client who receives an accepted NYP price can still choose not to proceed to checkout and payment. However, once Client completes the checkout and payment is submitted, NYP order will be considered as a regular retail order. A 4% fee and $35 handling fee will be charged to Client who completes the checkout and wishes to cancel or return an order because a NYP order will be considered as a normal retail order by Company. Terms and conditions are subject to changed with or without notice and Company has full rights and make any changes at any time with or without notice to Client. 

1.1b The Cancellation: All sales are deemed final at the time of sale. Cancellation request may be acceptable solely on Company's decision. In case of buyer's remorse on cancelling an order, regardless of reasons, a 3% fee (3% of the total order) will be charged before an order is cancelled and refunded. Company has the full rights to decide whether to cancel an order regardless of reasons that Client has provided. In case a cancellation because of Company unable to fulfill an order, a full refund will be returned to Client without the 3% fee. To be eligible for a cancellation request, the order must be in "unfulfilled' status. "Unfulfilled" status is defined as including but not limited to when the order has not had its shipping label printed, not in transit, not been picked up by the carrier, or not been delivered. Client's order in "Unfulfilled" status does not granted a cancellation request to be successful. Company can decide whether to cancel an order in Company's sole decision. The 3% fee is usually charged to cover the fees charged by the Company's payment providers because Company's payment providers may impose a mandatory fee to all orders regardless if the order is fulfilled, cancelled, or refunded. Regardless of the final decision on whether the payment providers choose to charge the 3% fee, Company will always deduct the 3% fee from the order payment before issuing a refund and process a cancellation. Company can also decide not to charge the 3% cancellation fee and it will be Company's sole decision. Client who places an order with Company after September 15th 2020 agrees to this term.

1.1c The Return and Refund: Returning and refunding of a product sold by Company is not guaranteed. Final sale items, drop sale items, and wholesale orders, and international orders (hereinafter: “Non-return items”) are not returnable and not refundable. Client who uses the Website and Services agrees to Terms and Conditions and Services Terms, and is fully aware and understand that Non-return items and Non-return orders are not returnable and not refundable. Client agrees to pay for the full amount of Client’s order with Company and will not dispute the order full amount charge either in partial or in full. For products and orders that are eligible for return and refund (hereinafter: “Order”), Client can email Company by email at info@luxcellent.com within 3 days from the delivery date to submit a return request. Return request may or may not be approved by Company and it is solely depend on Company. If a return reason involves something that is not under control by Company, for example, carrier delays a shipment in transit, carrier does not deliver a package on time, carrier lost a package, a customer changes her/his decision on a purchase, a purchase that's not within the return window, etc., such return request will be disapproved by Company and Client who places an order from Company agrees to this terms and conditions and agree not to dispute and will fully follow Company's decision on a return request decision. If a return request is accepted by Company, Client is required to ship the Order immediately and at Client’s own cost for return shipping. Company can provide a pre-paid shipping label to the Client to ship Order back to Company, however, the return shipping cost with insurance will be Client's responsibility. Client is responsible for a 4% processing fee (4% of the order total) and a $35 handling fee to cover return shipping and insurance cost with full insurance at Company's choice. The 4% processing fee and the $35 handling fee will be deducted from the refund amount before issuing the refund to Client. In additions, Client must make sure Company’s security tag is still intact on the returnable products in order to comply with the Company’s return requirements. After Company receives, inspects, and confirms Order is the same Order shipped by the Company with no signs of use of the Order, refund will be issued after deducting a handling fee of $35 and a 4% processing fee (4% of the order total) (Hereinafter: "Return fees"). Return fees will be used to cover including but not limited to shipping cost, shipping insurance, payment processing fee, handling fee, labor cost, and all related cost. $35 handling fee is used to cover the shipping cost, shipping insurance, and handling fee. The 4% is used to cover the payment processing fees and transaction fees as most payment processors are no longer refunding transaction fees. Refund will be returned to the Client’s original payment method in 7-10 business days after Company confirms the refund with the Client. If a package is refused or returned to Company (as known as return to sender), regardless of any reason, Client is responsible for re-delivery shipping cost (determined at the time of re-delivery by Company) and a non-refundable handling fee of $35 to re-deliver this package. In case Client decides to cancel this order by refusing the package or no longer wish for a re-delivery of the package, Client will be responsible for a non-refundable handling fee of $35 in order to cancel the re-delivery and the order. In additions, once a return request is made within 3 days of delivery, Company will reply Client to Client's email address on file or an email address that Client has contacted Company from in 2-3 business days. Company reserves full rights to decide whether to accept Client's return request regardless of the request is made within the return window. Client agrees not to charge back for a refusal of return request. In case of a charge back, a $100 non-refundable handling fee will be charged to Client and the same item must be returned by Client to Company in the original condition before a refund is issued to Client. In case of acceptance of a return request by the Company, Company will email Client a pre-paid return label. Within 7 days of the date of emailing the return shipping label to Client, Client is fully responsible to ship the returned item(s) back to Company. If Client does not ship out the item(s) (tracking number must show that the carrier has received and accepted the package) within 7 days after the return shipping label is issued and emailed, this return request will be closed and Company will no longer accept returns for the same order as the order has passed its return window. If Client decides to use Client's own return shipping label, Client is fully responsible of confirming with Company via email to ensure Company has the tracking information and the package is dropped off at the carrier with carrier's acceptance of package within 7 days after Company agrees to the return. Client who fails to drop off the package within 7 days after Company accepts the return, Company will refuse and return the package to Client and will not accept this return as this order has failed and passed the return window. Client to Company's return policy by placing an order with Company on Company's website at www.luxcellent.com.

1.1d The Payments:

    • Credit card full payment(Paypal): Client is mandatory to pay for the full amount requested of the order. Credit card checkout will be processed through Paypal (LUXCELLENT®'s credit card processor). Client agrees and understands Client's information will be analyzed for fraud prevention and verification purpose upon Client places an order with Company.

    • Affirm: Company offers Affirm as payment method toward purchase with Company. Affirms generally offers 0% APR to 3 month payments and 10%-30% APR to 6 or 12 months payments (actual APR and payment months are subject to Affirm's approval). Once Client is approved by Affirm to submit monthly payments for purchase with Company, Client is fully responsible for all Affirm payments and interests. In case a return or a cancelled order from Client, Client is still fully responsible for all interests that are needed to pay to Affirm. Company will NOT cover or subsidize any charges, fees, and/or interests occur between Client and Affirm. Refund on eligible returns will be refunded after deducting a Return fees. Any other fees that Affirm charges Client and Company for Client's decision on cancelling or returning an item or item(s). Affirm payment related questions will be responsibility between Client and Affirm.

    • Payment and Billing Verifications: Client understands and agrees to billing and payment verification offered by Paypal or Affirm, which is a fraud prevention company that is used by the Company. Failing of Paypal or Affirm's billing and payment verification may result in order being cancelled by the Company. Company may or may not allow Client to submit additional proof to Paypal or Affirm for further verifications. Company reserves the right to cancel or remain an order if Paypal or Affirm fails to verify Client’s billing and payment.

1.1e Shipping:

    • Domestic Shipping (Within United States 50 States, excluding US territories and islands): Free shipping for USPS first class and priority mail (with insurance). NY addresses are subjected to NY sales taxes. All other locations may be subjected to NEXUS tax law.

    • International Shipping: Company ships to international locations with shipping charge. Each order or each item price that is over $2500 (includes $2500) will not be fulfilled due to US export law. For locations that Company ships, please refer to Shipping & Return page. Locations and fees are subject to change by Company without prior acknowledge to Client. Client will responsible for all custom duty, fees, VAT, and all cost related to shipping this order to Client.

1.2 Buy-back Program: Buy-back program is a program that the Company offers on eligible products. Eligible products will have a tab with “Buy-back” words on the tab under the product’s listing. Within 90 days of purchase, Client can have sell the product back to Company for 70% of the original product purchase price. Client must inform Company by email at info@luxcellent.com that the Client would like to request for a buy-back for a product.

1.2a The buy-back price: Company reserves the right to determine prices for buy-back items. 70% of the original product/item purchase price (hereinafter: “Buy-back Price”will become the buy-back price for the item. The Buy-back Price is guaranteed Only if (a) the item contains only the same amount or minimal additional signs of wear; (b) the item being buy-back is the exact same item Company has sold to Client; (c) the item is authentic (the (c) condition is satisfied when (b) condition is satisfied).

 

1.2b Condition and Authenticity: The Buy-back Price is guaranteed Only if (a) the item contains only the same amount of signs of wear or minimal additional signs of wear; (b) the item being buy-back is the exact same item Company has sold to Client; (c) the item is authentic (the (c) condition is satisfied when (b) condition is satisfied).

1.2c Shipping: Company will provide a pre-paid shipping label to Client once the buy-back is approved and accepted by Company. Shipping cost of an approved and accepted buy-back item will be covered by Company.

    • Shipping Claim: Items under $10000 purchased from Company will be shipped with USPS Priority Mail or USPS First Class Mail. The shipping labels are generated from Endicia. Insurance coverage by Endicia is up to $10000 USD depending on the value of the items or the package, and default insurance coverage by USPS is up to $50 or $100 USD on USPS Priority Mail but no insurance coverage with USPS First Class Mail. Company will NOT write a lower amount for any packages for custom declaration value. In case of a shipping claim, the final decision of claim will solely depend on Endicia Insurance and USPS. If a package is shipped with Fedex or UPS or other carriers, Company will follow and honor the final decision by the shipping carrier used for the package. During the claims process, a claim statement/affidavit signed by the Client (or intended recipient) will be required. This is a form document provided by LUXCELLENT®, Endicia insurance, or Carriers that allows the Client (or intended recipient) to indicate loss or damage. All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to Company before a claim is completed. Failure to comply can result in the denial of the claim.

      • A package is delivered but not received by the Client (or authorized mail recipient, such as doorman, family member, neighbor, etc). Client must notify Company within 2 days after the delivery. If Client does not notify Company within 2 days, Company will not file a shipping insurance claim and the package will be considered successfully delivered to Client. If Company does not hear back from Client or Client stop replying email about a potential lost package within 5 business days with or without prior contact with Client, Company will consider that the package has been successfully delivered to Client.

      • A package is damaged upon delivery. Client must notify Company within 24 hours after the delivery with proof of photos and refuses the package upon delivery so that Company can file insurance claim with USPS. 

  • Reimbursement: Reimbursement for a lost or damaged package will only be given if USPS, Fedex, UPS (hereinafter: “Shipping Carriers”) and/or Endicia  Insurance has made a final decision to reimburse for the lost or damage package. Company will NOT reimburse a lost or damaged package if Shipping Carriers do not accept the claim after their internal research on the claim.

  • In case of a reimbursement from Shipping Carriers or Endicia Insurance, Company will reimburse Client for the amount equal to the reimbursement from the Carriers or Endicia Insurance. This amount will NOT exceed the amount of the value of the item. 

1.2d Payments: Client can choose to be paid by PayPal, Chase Quickpay, or ACH. Payment will be made to Client after the buy-back item is received and assessed for authenticity, condition, and the accessories included. The process of finalizing of the buy-back item generally takes 3 business days. Once the buy-back item has gone through and pass the assessment, payment will be sent out and Client will be notified.

1.3 Consignment:

1.3a Price Quote: Company reserves the right to determine prices for all consigned items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Prices for Items on Website are not guarantees of future payment amounts. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error.

    • Assessment: Upon receipt of your consignment Item, Company will review your consignment Item to confirm that it is authentic and that its condition is consistent with the description Client provided in Client’s original submission.

      • Authentic Items in the Represented Condition. If Company determines that your consignment Item is authentic and in the condition described in your original submission, Company will proceed with your consignment item for listing on Website and Company’s other selling platforms. Company reserves the right to decide which selling platforms to list the consignment item.

      • Authentic Items in Different Condition. If Company determines that your consignment Item is authentic but not in the condition described in your original submission, Company will email to you an updated consignment offer. Accessories (straps, locks and keys, dust bags, etc.) that were expected but not shipped by the Client may also result in Company emailing an updated consignment offer. If you accept Company’s updated consignment offer, then Company will continue to proceed with your updated consignment contract. If you reject Company’s updated consignment offer, then Company will return the consignment Item to Client after Client pays a handling fee of $50.

      • Inauthentic Items. In Company determines that Client’s consignment Item is not authentic, then Company will proceed with the cancellation procedures for consignment Items. The Consignment item will be shipped back to Client after Client makes a mandatory handling fee of $50 to Company.

1.3b Consigned Period: Each consignment item will be consigned for 90 days starting the date of the consignment contract issued date. Client has to options to continue to consign the item for another 90 days or to request to return the item if the Item that has not been sold during the first 90 days of consignment. If the item still has not been sold on the second consignment period, Company will recommend lowering the consignment quote if Client asks to continue a third consignment contract for another 90 days or Client can request the item to be shipped back to Client. Return shipping cost will be covered by Company ONLY if consignment period has expired. If Client requests to have item shipped back during consignment period, regardless of which period of consignment, Client is fully responsible for the return shipping cost.

1.3c Term; Termination: The Terms and Conditions and Services Terms will be effective upon Client’s submission to Company of any Sale Item and will continue until terminated in accordance with the Terms and Conditions and Services Terms (hereinafter: “Term”). The Term of Consignment is 90 days. In case of an early termination of consignment contract, a handling fee charged to the Client of US $50 and the cost of return shipping label. The consigned item will be returned after Company receives the handling fee of $50. This fee is not negotiable and not refundable.

1.3d Payments: Client can choose to be paid by PayPal or ACH. Payment will be made to Client after consignment item is sold and finalized with the buyer of the item. The process of finalizing of the sold consignment item generally takes 10 business days as Company needs to wait for the package to be delivered to the buyer of the consignment item and the order to pass the return period (3 days within delivery date). Once the consignment item is finalized with the buyer, payment will be sent out and Client will be notified. If the consigned item is returned, Company will continue with the consignment contract until the consignment contract has expired.

1.3e Shipping: Pre-paid shipping label will be provided to U.S. domestic consignors. International consignors will be fully responsible for all shipping cost, custom taxes and all other fees that may occur from shipping the item from an international address to Company. Due to shipping system restrictions, Client is responsible for shipping the item to Company (and the return shipping as well in case a consigned item is not sold after expiration date of contract) under the following circumstances. 

    • A package is over 20 lb;

    • The length plus girth of package of an item is over 90”;

    • Item’s value is over $10000;

    • An item is sent from a foreign location.

    • Shipping Claim:

      • Items under $10000 purchased from Company will be shipped with USPS Priority Mail, UPS Ground,  or USPS First Class Mail. The shipping labels are generated from Endicia or Inxeption. Insurance coverage by Endicia and Inxeption is up to $10000 USD depending on the value of the items or the package, and default insurance coverage by USPS is up to $50 or $100 USD on USPS Priority Mail but no insurance coverage with USPS First Class Mail. Company will NOT write a lower amount for any packages for custom declaration value. In case of a shipping claim, the final decision of claim will solely depend on Endicia Insurance and USPS, or Inxpetion and UPS. If a package is shipped with Fedex or UPS or other carriers, Company will follow and honor the final decision by the shipping carrier used for the package. During the claims process, a claim statement/affidavit signed by the Client (or intended recipient) will be required. This is a form document provided by LUXCELLENT®, Endicia insurance, Inxeption, or Carriers that allows the Client (or intended recipient) to indicate loss or damage. All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to Company before a claim is completed. Failure to comply can result in the denial of the claim.

      • A package is damaged upon delivery. Client must notify Company within 24 hours after the delivery with proof of photos and refuses the package upon delivery so that Company can file insurance claim with USPS. 

1.3f Reimbursement: Reimbursement for a lost or damaged package will only be given if USPS, Fedex, UPS (hereinafter: “Shipping Carriers”) and/or Endicia  Insurance has made a final decision to reimburse for the lost or damage package. Company will NOT reimburse a lost or damaged package if Shipping Carriers do not accept the claim after their internal research on the claim. In case of a reimbursement from Shipping Carriers, Inxeption or Endicia Insurance, Company will reimburse Client for the amount equal to the reimbursement from the Carriers, Inxeption, or Endicia Insurance. This amount will NOT exceed the amount of the value of the item. 

1.3g Ownership: Client who would like to consign an item must have the item in possession and as well as is the owner of the consigned item. If Client is a boutique, please confirm that Client has the item(s) in Client's store at the time of submitting a quote. A quote will be declined if an item is found not in the Client's possession or the item does not belong to the Client.

1.4 Buyout/Direct Purchase

1.4a Price Quote: Company reserves the right to determine prices for all buyout items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Prices for Items on Website are not guarantees of future payment amounts. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error.

1.4b Assessment: Upon receipt of your buyout Item, Company will review your buyout Item to confirm that it is authentic and that its condition is consistent with the description Client provided in Client’s original submission.

    • Authentic Items in the Represented Condition. If Company determines that your consignment Item is authentic and in the condition described in your original submission, Company will proceed with your consignment item for listing on Website and Company’s other selling platforms. Company reserves the right to decide which selling platforms to list the consignment item.

    • Authentic Items in Different Condition. If Company determines that your consignment Item is authentic but not in the condition described in your original submission, Company will email to you an updated consignment offer. Accessories (straps, locks and keys, dust bags, etc.) that were expected but not shipped by the Client may also result in Company emailing an updated consignment offer. If you accept Company’s updated consignment offer, then Company will continue to proceed with your updated consignment contract. If you reject Company’s updated consignment offer, then Company will return the consignment Item to Client after Client pays a handling fee of $50.

    • Inauthentic Items. In Company determines that Client’s consignment Item is not authentic, then Company will proceed with the cancellation procedures for consignment Items. The Consignment item will be shipped back to Client after Client makes a mandatory handling fee of $50 to Company.

1.4c Payments: Client can choose to be paid by PayPal or ACH. Payment will be made to Client after the buyout item is received and assessed for authenticity, condition, and the accessories included. The process of finalizing of the buyout item generally takes 3 business days. Once the buyout item has gone through and pass the assessment, payment will be sent out and Client will be notified.

1.4d Shipping: Pre-paid shipping label will be provided to U.S. domestic sellers. International sellers will be fully responsible for all shipping cost, custom taxes and all other fees that may occur from shipping the item from an international address to Company.

    • Shipping Claim: Items under $10000 purchased from Company will be shipped with USPS Priority Mail or USPS First Class Mail. The shipping labels are generated from Endicia. Insurance coverage by Endicia is up to $10000 USD depending on the value of the items or the package, and default insurance coverage by USPS is up to $50 or $100 USD on USPS Priority Mail but no insurance coverage with USPS First Class Mail. Company will NOT write a lower amount for any packages for custom declaration value. In case of a shipping claim, the final decision of claim will solely depend on Endicia Insurance and USPS. If a package is shipped with Fedex or UPS or other carriers, Company will follow and honor the final decision by the shipping carrier used for the package. During the claims process, a claim statement/affidavit signed by the Client (or intended recipient) will be required. This is a form document provided by LUXCELLENT®, Endicia insurance, or Carriers that allows the Client (or intended recipient) to indicate loss or damage.

      • All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to Company before a claim is completed. Failure to comply can result in the denial of the claim.

      • A shipping claim may be filed if: A package is lost in transit. Client must notify Company as soon as Client thinks a package is lost in transit. Client is responsible to monitor the tracking information. Client should only contact Company 5 business days after the estimated delivery date given by the carrier as shipping carrier may have route interruption and can delay in delivering the package.

      • A package is delivered but not received by the Client (or authorized mail recipient, such as doorman, family member, neighbor, etc). Client must notify Company within 2 days after the delivery. If Client does not notify Company within 2 days, Company will not file a shipping insurance claim and the package will be considered successfully delivered to Client. If Company does not hear back from Client or Client stop replying email about a potential lost package within 5 business days with or without prior contact with Client, Company will consider that the package has been successfully delivered to Client.

      • A package is damaged upon delivery. Client must notify Company within 24 hours after the delivery with proof of photos and refuses the package upon delivery so that Company can file insurance claim with USPS. 

    • Reimbursement: Reimbursement for a lost or damaged package will only be given if USPS, Fedex, UPS (hereinafter: “Shipping Carriers”) and/or Endicia  Insurance has made a final decision to reimburse for the lost or damage package. Company will NOT reimburse a lost or damaged package if Shipping Carriers do not accept the claim after their internal research on the claim. In case of a reimbursement from Shipping Carriers or Endicia Insurance, Company will reimburse Client for the amount equal to the reimbursement from the Carriers or Endicia Insurance. This amount will NOT exceed the amount of the value of the item. 

1.4e Ownership: Client who would like to request a direct purchase of an item, as known as the buyout quote, must have the item in possession and as well as is the owner of the buyout item. If Client is a boutique, please confirm that Client has the item(s) in Client's store at the time of submitting a quote. A quote will be declined if an item is found not in the Client's possession or the item does not belong to the Client.

Due to shipping system restrictions, Client is responsible for shipping the item to Company (and the return shipping as well in case a consigned item is not sold after expiration date of contract) under the following circumstances. 

      • A package is over 20 lb;

      • The length plus girth of package of an item is over 90”;

      • Item’s value is over $10000;

      • An item is sent from a foreign location.

1.5 Authentication Service (COMPANY NO LONGER OFFER THIS AUTHENTICATION SERVICE)

1.5a Fee: Company currently offers free of charge authentication service on preowned Louis Vuitton, preowned Chanel, and preowned Hermes handbags that were purchased from a third party. Third party is defined as all selling platforms, individuals, organizations, companies, and/or places other than a store or a channel that is authorized directly by the designer brand and/or brand name.

1.5b Process: Client must register an account on Website before Client can use the Services. Client with an account on Website can request an authentication service with Company. Client is required to submit all required photos and details to Company for Company’s best opinions on the preowned bags. Once all the details and photos have been received by Company, Client has to wait for up to 3 business days or longer, depending on Company’s employees’ availability, on reviewing and updating the request. Once the request is reviewed and updated, Company will email an opinion to Client's email on file. Checking for update is Client’s sole responsibility. Company may or may not notify Client regarding any updates on the request. Upon submitting an authentication request with Company, Client waives Company’s responsibility for not notifying Client regarding the update and the opinions Company have or have not provided.

1.5c Disclaimer: An authentication request provides Company’s sole opinions on the knowledge of the item to be authenticated (hereinafter: Item). Upon submitting an authentication request with Company, Client agrees and understands that the opinions, result, and conclusion of the authentication request (hereinafter: “Opinions”) will not be used as any claims, arguments, and proof in any forms, and will not consider the authentication service as a form of seeking remedy of any kinds. The result of the authentication is only an opinion provided by Company and should not be used toward any guarantee of authenticity at any forms. LUXCELLENT® is operated by NYC Fashion Revival LLC (hereinafter: NYCFR). Any kind of use of the aforesaid registered trademark of NYCFR should be subject to a written consent of NYCFR. LUXCELLENT® is an official doing-business-as name of NYCFR. NYCFR is an independent company and is not an affiliate, agent, employee or legal representative of any designer brand and/or brand name. This Website and any information (including but not limited to the product information, hereinafter the "Information") are provided “as is" and to the extent permitted by law, without any kind of (express or implied) guarantee, commitment or liability. Except in case of willful misconduct, is not liable for any damages that are caused by or in connection with the use of the Information. In any case, LUXCELLENT® is not liable for and assumes no responsibility for any indirect, incidental or consequential damages that are caused by or in connection with the use of the Information. The result of this authentication service has not been verified by and is not provided by the designer brand/or brand name and that the designer brand/or brand name does not guarantee the opinion is genuine. LUXCELLENT® is a third-party company offers experiences and opinions on LUXCELLENT®'s study of preowned designer brand/or brand name. The result of authentication service of an opinion of LUXCELLENT® and should not be used as a guarantee.

1.5e Result: The Opinions will be emailed to Client. Result of authentication service is ONLY an opinion of LUXCELLENT®. LUXCELLENT® is a third-party company offers experiences and opinions on LUXCELLENT®'s study of preowned designer brand/or brand name. The result of this authentication service has not been verified by and is not provided by the designer brand/or brand name and that the designer brand/or brand name does not guarantee the opinion is genuine. LUXCELLENT® is a third-party company offers experiences and opinions on LUXCELLENT®'s study of preowned designer brand/or brand name. The result of authentication service of an opinion of LUXCELLENT® and should not be used as a guarantee.

1.5f Certificates: We do not issue certificate of authentication service because the authentication service result is ONLY an opinion of LUXCELLENT® and is not an official conclusion of the authenticated item’s authenticity. In any case, LUXCELLENT® is not liable for and assumes no responsibility for any indirect, incidental or consequential damages that are caused by or in connection with the use of the Information. The result of this authentication service has not been verified by and is not provided by the designer brand/or brand name and that the designer brand/or brand name does not guarantee the opinion is genuine. LUXCELLENT® is a third-party company offers experiences and opinions on LUXCELLENT®'s study of preowned designer brand/or brand name. The result of authentication service of an opinion of LUXCELLENT® and should not be used as a guarantee.

1.6 Wholesale Purchase: wholesale purchases are eligible to approved wholesale account users.

1.6a The Price and Discount:  Company reserves the right to determine prices and discount percentages for all Items listed on Website in its sole discretion based on comparable prices for items of the same or similar style and condition. Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products sold or services offered through the Services. Company reserves the right to change prices for products displayed on the Services, or the Services, at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Services and/or upon making the customer aware of the pricing error. Company reserves the right to cancel, delete, or suspend a discount without notification to Client. In terms of international orders, custom duty and taxes will be Client's own responsibility. Client is recommended to use a forwarding company to forward the package to Client's international address. However, the order will still be considered as an international order, which is non-returnable and non-refundable. Shipping fees, custom duty, taxes, and any fees occur during the transit of this order will be Client's own responsibility. A returned/refused package will be considered as a cancellation of the order. A handling fee of $35 will be charged and any fees that occurs on a returned/refused package will be Client's responsibility. Discount will not be given on wholesale purchase items as wholesale items have been heavily discounted.

1.6b The reserve code: The reserve code is applied during checkout of a wholesale order. reserve code is used to reserve wholesale items for wholesale account users (hereinafter: “Wholesalers”). Wholesalers are mandatory to use reserve code provided by Company. Current reserve code is WHOLESALELUXONLY as of July 17th, 2019. Wholesale orders that applied reserve code will not require a payment method at checkout. Wholesalers will place an order with reserve code as a normal checkout by filling out all required account information, such as first name, last name, company, phone number, address 1, address 2, city, county, state, zip code, and country. Once the wholesale order is placed with reserve code, wholesalers will see all wholesale items under wholesaler’s account order history. Wholesalers are required to submit a payment through Chase Quickpay or Wire transfer as instructed under order history within 24 hours after a wholesale order is created and placed. A late payment will result in cancellation of the wholesale order. After 3 times of cancellation of wholesale orders regardless of reason of cancellation, wholesale account of the Wholesalers will be removed and deleted. Company reserves full rights to determine the eligibility of Wholesaler and wholesale account eligibility.

1.6c The payment: All wholesale orders must submit payment through Chase Quickpay or Wire Transfer. Instruction and information of submitting through Chase Quickpay or Wire Transfer will be listed under each order under order history of Wholesalers’ accounts. One-time full payment of the wholesale order must be paid within 24 hours after the wholesale order has been placed. All fees occurred before, during, and after paying with Chase Quickpay or Wire Transfer that are associated with Wholesaler’s wholesale orders are responsibility of Wholesalers. Failing to submit a payment will result in cancellation of wholesale order. Payment is not considered cleared and received until Wholesalers receive an email from wholesale@luxcellent.com stating that the payment is received and the payment is cleared.

1.6d Return and Refund: All wholesale orders are not returnable and not refundable. All wholesale sales are final. A return may be accepted when an item is determined by a designer brand’s official authorized person or organization is not authentic with an official written statement. The official written statement should consists of the full name, phone number, full address, title, authorized letter, and all other materials that can prove the identity of the designer brand’s official authorized person or organization. Company reserves full rights to determine the return eligibility on each and every wholesale item sold. Authentication from a third-party or from Client's own judgement will not be accepted.

1.6e Wholesale account: Wholesale account only allows to purchase wholesale items. Wholesale account will not be able to purchase regular retail priced items. Wholesalers must create another regular retail account if Wholesalers would like to purchase regular retail priced items. All regular retail priced items will not be converted to wholesale prices and is subject to Company’s rights to determine which items are eligible to be placed under wholesale collection and wholesale channel. Wholesalers understand that wholesale items cannot be checkout together with the regular retail items and wholesale cart will prevent checkout if a regular retail priced item is added. Wholesalers agree to only purchase wholesale items through wholesale accounts and will follow full Terms and Conditions and “Read Before Reserve” policy that is shown at wholesale cart when wholesalers sign up an account with Company. Wholesalers are mandatory to sign in to wholesale account before Wholesalers are able to make a purchase of wholesale items. Company reserves full rights to determine eligibility of Wholesalers and all wholesale orders.

1.6g Cancellation: There are 3 scenarios when a cancellation can happen to a wholesale order:

    • A full payment of wholesale is not received through Quickpay or wire transfer by deadline: A cancellation of the wholesale order can happen when Company does not receive a one-time full payment of the wholesale order from Wholesalers and/or a one-time full payment is not paid with Chase Quickpay or wire transfer. Failing to submit payment is considered payment not received. A handling fee of $35 can be charged to Wholesalers’ accounts if order cancels due to incorrect payment method used.

    • Company cancels the order or partially cancels the order: Company reserves the rights to cancel or partially cancel an order. The cancellation of a wholesale order by Company will not affect Wholesalers’ account standing with Company.

    • Order cancels due to incorrect payment method: Wholesalers are required to submit a one-time payment after a wholesale order is created and wholesale items are reserved under order history. Wholesalers are required to checkout with reserve code provided by Company in order to receive a zero balance at checkout for the wholesale order. Chase Quickpay or Wire Transfer to Company is mandatory for all wholesale orders. Credit card or Affirm payment is not allowed and will not be accepted by Company for wholesale orders. Wholesale orders submitted through payments other than Chase Quickpay or Wire Transfer will be declined and such wholesale order will be cancelled. This cancellation counts toward 1 cancellation to the Wholesalers’ account and will affect Wholesalers’ account standing. A handling fee of $35 can be charged to Wholesalers’ accounts if order cancels due to incorrect payment method used.

1.6h Shipping: All domestic wholesale orders will be shipped with USPS priority mail or USPS first class mail depending on the size and weight of the item(s). International wholesale shipping cost and applicable custom taxes and fees will be Client's responsibilities. UPS or Fedex may be used for wholesale orders depending on LUXCELLENT®'s sole decision. If Client requests for UPS or Fedex as shipping method, Client is responsible for fully insured Fedex or UPS shipping cost with restricted signature required. 

    • Shipping Claim: Items under $10000 purchased from Company will be shipped with USPS Priority Mail or USPS First Class Mail. The shipping labels are generated from Endicia. Insurance coverage by Endicia is up to $10000 USD depending on the value of the items or the package, and default insurance coverage by USPS is up to $50 or $100 USD on USPS Priority Mail but no insurance coverage with USPS First Class Mail. Company will NOT write a lower amount for any packages for custom declaration value. 

      In case of a shipping claim, the final decision of claim will solely depend on Endicia Insurance and USPS. If a package is shipped with Fedex or UPS or other carriers, Company will follow and honor the final decision by the shipping carrier used for the package. During the claims process, a claim statement/affidavit signed by the Client (or intended recipient) will be required. This is a form document provided by LUXCELLENT®, Endicia insurance, or Carriers that allows the Client (or intended recipient) to indicate loss or damage.

      All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to Company before a claim is completed. Failure to comply can result in the denial of the claim.

      • A shipping claim may be filed if: A package is lost in transit. Client must notify Company as soon as Client thinks a package is lost in transit. Client is responsible to monitor the tracking information. Client should only contact Company 5 business days after the estimated delivery date given by the carrier as shipping carrier may have route interruption and can delay in delivering the package.

      • A package is delivered but not received by the Client (or authorized mail recipient, such as doorman, family member, neighbor, etc). Client must notify Company within 2 days after the delivery. If Client does not notify Company within 2 days, Company will not file a shipping insurance claim and the package will be considered successfully delivered to Client. If Company does not hear back from Client or Client stop replying email about a potential lost package within 5 business days with or without prior contact with Client, Company will consider that the package has been successfully delivered to Client.

      • A package is damaged upon delivery. Client must notify Company within 24 hours after the delivery with proof of photos and refuses the package upon delivery so that Company can file insurance claim with USPS. 

    • Reimbursement: Reimbursement for a lost or damaged package will only be given if USPS, Fedex, UPS (hereinafter: “Shipping Carriers”), Inxeption, and/or Endicia Insurance has made a final decision to reimburse for the lost or damage package and Company has received the reimbursement in full from Shipping Carriers, Endicia, and/or Inxeption. Company will NOT reimburse a lost or damaged package if Shipping Carriers do not accept the claim after their internal research on the claim.
      In case of a reimbursement from Shipping Carriers, Inxeption, or Endicia Insurance, Company will reimburse Client for the amount equal to the reimbursement from the Carriers, Inxeption, or Endicia Insurance. This amount will NOT exceed the amount of the value of the item. 

II. General Provisions

2.1 Modifications. Company may modify the Services Terms at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of the Services Terms. If Company makes changes that are material, Company may use reasonable efforts to attempt to notify Client, including by email or placing a prominent notice on the Website. However, it is Client’s sole responsibility to review the Services Terms from time to time to view any such changes. Client’s continued access or use of the Services after the modifications have become effective will be deemed Client’s conclusive acceptance of the modified Services Terms. If Client does not agree with the modifications to the Services Terms, then please do not access or use the Services.

2.2 Violations. If Company believe Client is violating the Services Terms, Client may be subject to a range of actions, including limits on Client’s buying and selling privileges, restrictions on listings and account features, suspension of Client’s privileges to use authentication service, suspension of Client’s account, application of fees, and recovery of expenses for policy monitoring and enforcement.

2.3 Disputes. Client agrees that Company’s Terms and Conditions and Services Terms will govern any dispute between Client and Company under the Terms and Conditions and Services Terms.

2.4 Contact Us. retail Client may contact Company regarding the Services or the Terms by email at info@luxcellent.com. wholesale Client may contact Company regarding the Services or the Terms by email at wholesale@luxcellent.com. The Terms and Conditions sets forth the entire understanding of the Client and the Company with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Last revised Dec 22nd, 2021