LAST UPDATED: December 7, 2021
ACCEPTING THESE TERMS
This website is operated by Luxe Crush. Throughout the site, the terms “we”, “us” and “our” refer to Luxe Crush. Luxe Crush offers this website located at www.shopluxecrush.com, including all information, tools and services available from this site to “you” or “your”, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or renting/lending/selling/buying something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
If you access or use our site on behalf of a company or other legal entity, and you accept and agree to Luxe Crush Terms of Service, you declare and guarantee that you have the legal authority and capacity to act on behalf of the company or legal entity and to bind that company or legal entity to these Terms of Service. In such a case, “you” and “your” will refer to the company or legal entity.
Luxe Crush Services operate from the United States and are subject to the jurisdiction of the laws in the United States. None of our services will subject Luxe Crush to any other laws, or jurisdiction other than the United States.
Our Services may not be used to rent or purchase products outside the United States.
By using this site, you declare that you will comply with all the applicable laws, rules, and regulations.
Any use of this site is at your own risk.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product pricing and fees are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product and remove any Content at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Changes in Terms
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Any changes or amendments to the Terms will not apply retrospectively to disputes between you and us that arose before the date on which such revised Terms are posted, or before the date on which you are otherwise notified of such changes.
HOW TO ACCESS SERVICES
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
To access and use Luxe Crush Services you must register and open an account (your “Account”). You need to create your “Luxe Crush User ID” by selecting a password and a Username. You may not elect or use a name as your Luxe Crush User ID that you do not have the right to use. You may not impersonate another person or use another person’s name with the intent to impersonate such a person.
We reserve the right to reject any Luxe Crush User ID, password, or other information that you provide when registering for an account. We may also require you to change any such information.
To process and facilitate your transactions, you need to provide us with certain personal and contact information or data, including (but not necessarily limited to) your name and e-mail address, phone number, shipping address, billing information and photograph of your driver’s license or federal or state ID.
Should you contact our customer service, we may have to request similar information to respond and assist appropriately.
When providing information, you declare that the information is accurate, complete, and current. You further undertake to maintain and update such information.
You may not transfer your Account to anyone else without our prior written consent.
You may not share your Account (including your Luxe Crush User ID and/or password) with anyone. You are responsible to protect the security of your Account, your User ID and password, and any other credentials or tools to access your Account.
You are solely responsible for any direct or indirect activity linked to your Account, including any charges or costs incurred from the use of the Services with your Account.
We reserve the right to limit or restrict your access to or use of our Services. Such restriction may include, but is not limited to, rejecting or declining any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
We reserve the right to delete, deactivate or suspend your Account and/or delete all submissions or related information submitted from your Account with immediate effect and prevent any further access to the Account, the information, and/or the Site. You agree that we will not be liable to you, or any third-party, for any such suspension or termination of your Account, our Services, or access to the Site.
Should you fail to make required payments on time, we may request that you return any or all rented items in your possession.
We may also request the return of rented items, should factors arise which increase the risk of you not paying on time, It will remain in our sole discretion to decide if any such factors could increase the risk of non-timely payment by you.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If we entertain an order from a reseller, the reseller will be subject to the following:
- No returns, all sales will be regarded as final sales.
- The use of Luxe Crush trademarks by resellers is prohibited.
- We reserve the right to terminate the relationship at any time without prior notice.
You are responsible and liable for obtaining, maintaining, and paying for any hardware and any telecommunications or any other services required to access and/or use the Services.
Luxe Crush Rental Services
Luxe Crush reserves the right to review and to disapprove any item that in our opinion, given our experience, will not rent.
We reserve the right to cancel or reject, for any reason, rental listings, and any rental orders.
Any requests for rentals, not approved by Lenders within 24 hours, will be canceled.
Rental prices do not include taxes, Lender Protection Fees, and shipping. These will be additional charges.
All payments must be in U.S. dollars.
By placing an order, you authorize Luxe Crush, or our third-party payment processor, to charge your Payment method with all applicable charges immediately upon placement of your order.
You also authorize us to keep your credit card information on file with our 3rd party payment processor. This payment method will be charged for any late fees, damages or loss incurred.
Rental services require a mandatory credit check before they are approved. We use Equifax as our 3 rd party provider for credit checks.
Shipping, delivery method, and the carrier will be at the discretion of Luxe Crush.
WE CANNOT MAKE ANY REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION ABOUT ANY ITEM FOR RENT.
WE ACCEPT NO LIABILITY AND OFFER NO WARRANTY (EXPRESS OR IMPLIED) REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
You agree that you accept the risk that the information may be inaccurate or incomplete or outdated and accept any possible consequences of such inaccurate, incomplete, or outdated information.
Luxe Crush Sales Services
The total purchase price (“Purchase Price”) of any product purchased through our Service will include the purchase fee, taxes, and shipping fee as applicable to that product at the time of purchase.
When purchasing a product, you authorize Luxe Crush, or our third-party payment processor, to charge your Payment Method for the total amount of the Purchase Price immediately upon placing your purchase order.
All products are sold “as is”. We do not guarantee or offer warranties of any kind in relation to any product that you purchase through the Service. We specifically disclaim any responsibility or liability with respect to any product that you purchase.
Luxe Crush utilizes a 3rd party powered by artificial intelligence to authenticate.
WE ACCEPT NO LIABILITY AND OFFER NO WARRANTY (EXPRESS OR IMPLIED) REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
Authentication Service fees will be charged as per the rate (including all applicable taxes and fees) as listed on the date you sign up. Authentication service fees are non-refundable except in the event we can not determine whether the item is authentic or not. In this case the authentication service fee will be refunded less $19 for round trip shipping.
COST OF SERVICES
Access and use of certain Services (“Paid Services”) may be charged for.
You are solely responsible and liable for the following:
- Any fee for any Paid Services that you order and that are not canceled in accordance with our cancellation policy.
- The price of any Products not returned in accordance with our policies.
- Any late fees accrued by you.
Owners (Lenders/Sellers) permit Luxe Crush to collect payments made by Renters/Buyers on behalf of the Lender/Seller.
The Lender/Seller agrees that payment made by the Renter/Buyer of the Rental/Purchase Price to Luxe Crush shall be considered as payment made to the Lender/Seller directly. The Lender/Seller agrees to make the item for rent/sale available to the Member in the agreed-upon manner as if the Lender/Seller received the Rental/Purchase Price directly.
The Lender agrees that Luxe Crush may permit the Renter to cancel the booking in accordance with the cancellation policy as reflected in the relevant listing.
Rental cancellations within 48 hours of placing the order, will result in a refund to the Renter. Cancellations after 48 hours will result in site credit to the Renter’s account.
The Lender/Seller is solely responsible to honor any confirmed bookings and deliver or make available any items for rent/sale reserved through the Site and Services.
If a Renter enters into a transaction with a Lender for the rental of an item, the Renter acknowledges and agrees that the Renter will have to enter into an agreement with the Lender and agrees to accept any terms, conditions, rules, and restrictions applicable to such a rental item, imposed by the Lender.
The Renter further acknowledges and agrees that the Renter, and not Luxe Crush, will be responsible to perform all obligations under such an agreement. The Renter agrees that Luxe Crush is not a party to such an agreement and Luxe Crush disclaims any liability arising (directly or indirectly) from such an agreement, except for its payment obligations to the Lender.
The Renter/Buyer acknowledges and agrees that, although Luxe Crush is not a party to the agreement between the Renter/Buyer and the Lender/Seller, Luxe Crush accepts payments from the Renter/Buyer on behalf of the Lender/Seller.
A Renter’s/Buyer’s payment obligation to the Lender/Seller is fulfilled upon the Renter’s/Buyer’s payment of the amount of the Rental/Purchase Price to Luxe Crush. Luxe Crush is responsible for remitting such payment amounts, less the applicable Service fees, to the Lender/Seller.
Should Luxe Crush fail to remit such amounts to the Lender/Seller, such Lender/Seller will have recourse against Luxe Crush only.
It is the responsibility of the Renter/Buyer to read item listings, including (but not limited to) the description of the item, any instructions, and policies.
When a Renter/Buyer requests to reserve an item, and if such a request is confirmed by the Lender/Seller and Luxe Crush, the Renter/Buyer agrees to pay Luxe Crush the Rental/Purchase Price for the item.
Luxe Crush will collect the Rental/Purchase Price in accordance with the pricing terms as set out in the applicable item listing, and in accordance with the terms and conditions set out in these Terms of Service. Please note that Luxe Crush has no control over any fees relating to the collection of the Rental/Purchase Price by Luxe Crush that the Renter’s/Buyer’s bank may charge. Luxe Crush accepts no liability for such fees.
When requesting a booking, the Renter/Buyer will be asked to provide customary billing information, including your name, billing address, credit card information and photograph of your driver’s license or federal or state ID. to Luxe Crush’s third-party payment processor.
The Renter/Buyer agrees to pay Luxe Crush for any confirmed bookings on the Member’s account through our third-party payment processor in accordance with the terms and conditions of these Terms of Service.
The Renter/Buyer authorizes Luxe Crush to directly, or indirectly, via our third-party online payment processor, collect payment amounts by charging the credit card provided when requesting the booking.
The Renter also authorizes Luxe Crush to charge the credit card through the third-party payment processor for any damage, as described under “Damage to item for rent”, caused to the rental item, late fees or loss.
When you reserve an item and the Lender/Seller accepts your reservation, you will receive a confirmation email summarizing your confirmed booking.
Cost of Rental Services
A Luxe Crush “Service Fee”, which amounts to forty percent (40%) of the applicable listed “Rental Price” (the price the Renter pays to the Lender) will be charged to the Lender. The Lender will receive the remaining 60% of the Rental Price. Alternatively, the Lender can choose seventy-five percent (75%) of the Rental Price in Luxe Crush site credit.
The Renter pays the shipping fee as well as a $5 Lender Protection Fee. The Lender Protection fee goes to Luxe Crush to cover minimal damages (up to $50 in repairs) that may occur.
The above Rental Fee, $5 Lender Protection Fee, Taxes, and Shipping will be charged to your Payment method as soon as the Lender confirms the rental.
If any Rental product (one or more of a single order) is not returned on the return date, you authorize Luxe Crush, or our third-party payment processor, to charge a non-refundable $50 late fee for every day that each product is not returned, up to an amount equal to one hundred percent (100%) of the fair market value of each product not returned, plus sales tax. Please note the fair market value may vary from the listed estimated retail value.
See “Returns, Extensions, Cancellations, and Lost items” below.
If a product has not been returned within twenty (20) calendar days after the specified return date, your late return will be considered a non-return. In the event of such a non-return, you authorize Luxe Crush, or our third-party payment processor, to charge your Payment method for the fair market value of the product, plus the applicable sales tax. Any late fees already paid will be deducted from the amount.
If you paid the full fair market value of the product under this Late Fee section, you may retain the product. However, the paid Late Fees do not replace the Rental Fee. Rental fees will be charged separately, and in addition to, any Late Fee. Payment of any Late Fee does not remedy any breach of these Terms of Service and Luxe Crush reserves all rights to seek any remedies without any limitations.
Lender Protection Fees
A Lender Protection Fee of $5 is payable per item rented, except on Hermés Birkin handbags, and other identified, high-value items, for which an additional fee may be payable on a case-by-case basis.
Renters must pay the Lender Protection Fee to Luxe Crush to cover minimal damage (up to $50 in repairs) to rented items. This is for protection against loss and damages to the item, up to a fair market value of $10,000, unless otherwise agreed upon in writing. Please note the fair market value may vary from the listed estimated retail value. Even though renters are responsible for paying the fair market value, vendors will receive the cost of the item in cases of loss and damages that exceed $50 in repairs.
The protection is for the Lender only, and not for the Renter. Renters remain responsible and liable for all losses and damage to any rented items.
Cost of Buy Services
A Luxe Crush “Service Fee” will be charged to the Buyer, based on a percentage of the applicable listed selling price (the “Sell Price”) that the Buyer pays to the Seller.
The Service Fee for handbags is thirty percent (30%) of the Sale Price, paid to Luxe Crush, and the Seller keeps seventy percent (70%) of the Sale Price. Alternatively, the Seller can choose seventy-five (75%) of the Sale Price in Luxe Crush site credit.
The Service Fee for jewelry/watches/accessories is thirty percent (30%) of the Sale Price, paid to the Luxe Crush, and the Seller keeps seventy percent (70%) of the Sale Price. Alternatively, the Seller can choose seventy-five (75%) of the Sale Price in Luxe Crush site credit.
At the sole discretion of Luxe Crush we may offer an upfront commission of 50% of the initial Luxe Crush sale price.
The above Sell Price, taxes, and shipping will be charged to your Payment method as soon as the Seller confirms the sale.
USE OF PRODUCT AND SERVICES
Luxe Crush must be notified of any problem or damage to an item within 24 hours of receiving such an item. If no notice is received, the Renter risks being held responsible for any damage. The Renter is advised to inspect the item immediately upon receipt of the item.
Services and products are for own personal, non-commercial use only. Services and products may not be obtained on behalf of, or for the benefit, of a third party.
Services and products may only be used in a manner that complies with all applicable laws.
Lenders/Sellers may only offer items for rent/sale that they own or have permission to rent/sell.
No Lender/Seller may offer any counterfeit or stolen goods for rent/sale.
Renters agree to treat all products with utmost care. Renters are responsible for any loss, damage to, or destruction of the Product for any reason or cause (other than normal wear and tear), including (but not limited to) theft, loss, disappearance, fire, and major stains.
Renters are responsible to return all rented items in the condition it was when the Renter took possession of the item (other than normal wear and tear).
Normal wear and tear means minor stains, scratches, missing beads, stuck zippers, and other minor damage that may occur in the normal, reasonable use of the rented item. The Lender Protection Fee covers up to $50 of such damage to the applicable product.
An additional $50 cleaning fee may be charged at Luxe Crush’s discretion in cases of excessively dirty handbag interiors.
The Renter will be responsible and liable for the Renter’s own acts and omissions, as well as for the acts and omissions of any person who the Renter allows to wear the rented item whilst in the Renter’s possession.
In the event of a dispute and where the Lender can provide evidence of damage, the Renter agrees to pay the cost of replacing the damaged item.
If a parent or guardian of a minor concludes the transaction, the minor may use the item, but the parent will remain responsible and liable for any damage or loss to the item.
Luxe Crush must be notified by the Lender of any problems or damage to the rented item returned to the Lender, within 24 hours of receipt of the returned item. Failure to notify Luxe Crush within 24 hours will amount to a waiver of any claims by the Lender.
Lenders acknowledge and agree that after certain rentals of an item, the item will not be in the same condition it was when given to Luxe Crush.
Lenders are advised to obtain appropriate insurance for their items.
Luxe Crush will insure rental items whilst in its possession. If an item is damaged whilst in the possession of Luxe Crush, Luxe Crush will repair the item. If the item cannot be repaired, Luxe Crush will pay the fair market value of the item to the Lender. The fair market value will be determined by taking into account the age of the item, the resale value, and normal depreciation. Please note the fair market value may vary from the listed estimated retail value. Items from vendors are insured up to $10K for the cost of the item.
If a Renter returns a product that is damaged beyond normal wear and tear, the Renter authorizes Luxe Crush, or our third-party payment processor, to charge the Renter’s Payment Method for the price of repairing or replacing the Product, up to the fair market value of the product. It will be at the discretion of Luxe Crush to determine whether to repair or replace the product.
If the Renter loses the rented item, or the item is destroyed, the Lender’s only remedy would be to accept the equivalent cash value which is determined by the fair market value. Please note the fair market value may vary from the listed estimated retail value.
Even though renters are responsible for paying the fair market value, vendors will receive the cost of the item in cases of loss and damages that exceed $50 in repairs.
The Renter will be notified of the claim and given forty-eight (48) hours to respond. After that, the payment will be charged to the credit card by our third-party payment processor on your Luxe Crush account.
If Luxe Crush is unable to charge the credit card with our third-party payment processor, or unable to collect payment from the Renter in a different manner, Luxe Crush may pursue other legal avenues.
In the event of any complaints or claims made by Members relating to rental items, or in respect of any investigation undertaken by Luxe Crush (or a representative of Luxe Crush) regarding the use or abuse of the Site or the Services, Renters and Lenders agree to cooperate with Luxe Crush in good faith and to provide any information and/or take any action as may be reasonably requested by Luxe Crush to resolve the matter.
Renters agree to participate in mediation or a similar resolution process with a Lender upon a reasonable request from Luxe Crush, and to the extent that members are reasonably able to do so. Mediation or an alternative process may be conducted by Luxe Crush or a third party selected by Luxe Crush.
Luxe Crush does not endorse any Members. Members are required by these Terms of Service to provide accurate information. Luxe Crush, however, might not verify or attempt to confirm any information provided by a Member, or the Member’s purported identity.
Luxe Crush is not responsible or liable for any harm or damage that may result from interactions between Members.
YOU ACKNOWLEDGE AND AGREE THAT THERE IS NO OBLIGATION ON LUXE CRUSH TO CONDUCT ANY BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS/BUYERS AND LENDERS/SELLERS. LUXE CRUSH MAY, HOWEVER, IN IT’S SOLE DISCRETION, CONDUCT BACKGROUND CHECKS.
LUXE CRUSH, WITHOUT ANY LIMITATION, EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE PRODUCTS.
IT DISCLAIMS ANY WARRANTIES OF QUIET ENJOYMENT OR NON-INFRINGEMENT.
LUXE CRUSH FURTHER DISCLAIMS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM LUXE CRUSH OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE IN THESE TERMS OF SERVICE.
USERS ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, AND FOR ANY INTERACTIONS OR COMMUNICATIONS WITH OTHER PERSONS AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, COMMUNICATIONS OR INTERACTIONS WITH ANY LENDERS/SELLERS OR MEMBERS.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LUXE CRUSH DOES NOT MAKE ANY ATTEMPT TO VERIFY ANY STATEMENTS OF USERS OF THE SITE OR SERVICES, NOR REVIEW, VERIFY OR INSPECT ANY ITEM FOR RENT/SALE.
YOU AGREE THAT LUXE CRUSH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OF THE SITE OR SERVICES.
YOU AGREE THAT LUXE CRUSH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPATIBILITY OF USERS WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES.
USERS AGREE TO TAKE REASONABLE PRECAUTIONS WHEN COMMUNICATING OR INTERACTING WITH OTHER USERS OF THE SITE OR SERVICES, OR WITH OTHER PERSONS THAT YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
THIS INCLUDES, BUT IS NOT LIMITED TO COMMUNICATION OR INTERACTION WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH COMMUNICATIONS, INTERACTIONS OR MEETINGS WERE ORGANIZED BY LUXE CRUSH.
NOTWITHSTANDING THE FACT THAT LUXE CRUSH ACCEPTS PAYMENTS FROM RENTERS/BUYERS ON BEHALF OF LENDERS/SELLERS, YOU ACKNOWLEDGE THAT LUXE CRUSH EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OF OMISSION OF ANY MEMBER, RENTER, OR THIRD PARTY.
Reservation of Rights
Luxe Crush expressly reserves the right to seek compensation for any additional actual damages not mentioned or identified herein.
Product and Service Listings
We are not responsible if information or images made available on this site are not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
All prices listed for Products and Services are quoted in U.S. dollars.
The fact that a product listing, description, or image is available on our Service does not imply that we endorse the product or affiliate with the provider of the product.
It is the User’s responsibility to provide accurate shipping and delivery information and for keeping the information on the Account up-to-date. Accurate information is necessary for timely delivery.
If the User provides us with an inaccurate, invalid, or not up-to-date shipping address, or where the User cannot securely accept delivery of the product, the User will be solely responsible for any loss, theft, or damage to the Product as a result of the incorrect or outdated shipping information.
Upon delivery of the Product to the designated address, the User will be solely responsible for the condition of each Product until such Product is returned, including any damages in transit due to poor packaging.
Luxe Crush makes no guarantees as to actual delivery times. Delivery times for selected Products may vary, based on availability, the delivery address, when the order was placed, and other circumstances impacting delivery.
Users will receive an email when the Product is shipped.
The risk of loss for items shipped passes to the recipient upon delivery by the carrier.
Once delivery is confirmed by the carrier, the recipient becomes solely responsible, and Rental Fees and any applicable late fees will be charged to the recipient’s Payment method until the item is returned.
If the intended recipient is unable to locate the confirmed delivery, Luxe Crush must be notified immediately to initiate a tracer investigation with the carrier and to temporarily suspend the rental period. Tracers take 8-12 business days to complete. Luxe Crush will only be able to proceed with the resolution of a lost item once the result of the tracer investigation is received.
Returns, Extensions, Cancellations, and Lost Items
The return date for the Product will appear on the online invoice for the order.
The Renter agrees to return each rented Product on or before the return date.
Products must be returned by using the shipping carrier specified on the prepaid shipping label emailed to the Renter. The label must be printed and used for shipping, or a fee may be charged.
If any carrier, other than the carrier specified on the prepaid shipping label, is used, Luxe Crush will not be responsible for any loss, theft, or damage to the Product that is shipped back with that carrier. Luxe Crush will also not be responsible for any fees or expenses that may be incurred due to delays in receiving the Product.
Luxe Crush does not ship Products outside of the United States. Products may not be returned from outside the United States without prior written consent.
If you are not satisfied with your rental for any reason, we give you the opportunity to return and receive a refund. The item must be unworn and in the original condition it was sent. You must notify Luxe Crush WITHIN 24 HOURS of receipt. We will email you a pre-paid shipping label and you will need to return to the Lender WITHIN 24 HOURS. If the item is returned within the 24-hour window, you will receive a refund for rental fees only ($5 lender protection fee and shipping will not be refunded). If the item is not returned within 24-hour window, you will be liable for the full rental fee.
In order to allow the Lender to inspect the returned item, please allow 2-3 business days after the item has arrived at the Lender for any refunds/credits. Refunds will be processed and issued after the return is confirmed. All refunds/credits will only be issued to the original Payment Method.
If you are not satisfied with your purchase for any reason, we give you the opportunity to return and receive a refund. The item must be unworn and in the original condition it was sent. You must notify Luxe Crush and return your item WITHIN 3 DAYS of receipt. Please note you will be responsible for return shipping and insurance. If the item is returned within the 3-day window, you will receive a refund for the sale price. If the item is not returned within the 3-day window, you will not receive a refund. Re-package your item in all the original packaging. You will choose your own method of shipping and send your package to the seller’s address that is emailed to you. Please note Luxe Crush is not responsible for returns lost in transit, so insurance is highly encouraged.
In order to allow the Seller to inspect the returned product, please allow 2-3 business days after the item has arrived at the Seller for any refunds/credits. Refunds will be processed and issued after the return is confirmed. All refunds/credits will only be issued to the original Payment Method.
The original shipping fee is non-refundable.
Without exception, returns will only be accepted under the terms of this policy.
FINAL SALE items are not eligible for any return or refund.
Luxe Crush may, but is not obligated to, upon request extend the rental of a Product, subject to approval by the Lender. If permitted, the credit card of the Renter will be charged for the extended rental period once the Lender approves the request. If you want to extend your Rental, please contact firstname.lastname@example.org.
A requested rental booking may be canceled by the Renter within forty-eight (48) hours of placing the order. The original payment will be refunded in the same form.
Any cancellation after 48 hours will result in site credit to your account.
Accounts or Membership Services may be terminated (“Cancelled”) at any time by a User. Luxe Crush will pay any amounts reasonably due to the User, and which we are legally obligated to pay to the User, promptly upon termination of the Account or Service.
Should Luxe Crush terminate these Terms, or a User’s access to the Site and Services, or deactivate or cancel a User’s Luxe Crush Account, the User will remain liable for all amounts due on such a date.
If a Luxe Crush account is canceled, Luxe Crush has no obligation to delete or return any content, including, but not limited to any reviews or feedback, that the User has posted to the Site and Services.
Luxe Crush is not responsible for any personal or other items left in the Product or returned in the Return Packaging. Please contact Luxe Crush as soon as possible if you accidentally or otherwise included such items in the Returned Product or packaging.
At your request, Luxe Crush may, but is not obligated to assist you in locating such an item. If we assist to locate the item, we assume no responsibility or liability. For hygienic reasons, some items, such as lipsticks, makeup, etc. left in a handbag will be disposed of and not returned.
Luxe Crush recommends that Lenders do not provide duster bags and authenticity cards with handbags and similar items. Luxe Crush cannot be responsible for lost duster bags, authenticity cards, and so on.
BILLING AND PAYMENTS
You agree to provide current, complete and accurate purchase and account information for all purchases made at Luxe Crush. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If your credit card is canceled for any reason, e.g. theft or loss, or if you become aware of any potential breach of security of your Payment methods or Account, such as the unauthorized disclosure or use of your User ID or Password, you agree to promptly notify Luxe Crush and update your Payment Method. Any changes to payment information can be updated in your Account Settings.
YOU AGREE AND ACKNOWLEDGE THAT LUXE CRUSH MAY CONTINUE TO CHARGE YOU USING ANY PAYMENT METHOD YOU PROVIDED ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, EVEN IF YOU FAILED TO PROVIDE ANY OF THE REQUIRED INFORMATION OR FAILED TO UPDATE SUCH INFORMATION UNLESS YOU HAVE CANCELLED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
The Renter authorizes Luxe Crush to charge the payment card or other payment instrument (“Payment Method”) of the Renter for the Rental Fee, Lender Protection Fee, shipping, and applicable taxes immediately when the Renter places a rental order for a Product. A reservation of a Product through the Service constitutes a rental of that Product, regardless of how far in advance the Product is reserved.
Luxe Crush uses a third-party payment processor (the “Payment Processor”) to bill Users for any Paid Services. A payment account is linked to the User’s account (your “Billing Account”).
By using Paid Services, the User agrees to pay Luxe Crush all charges at the then-current prices for any use of such Paid Services, through the Payment Processor in accordance with the applicable payment terms. The User further authorizes Luxe Crush, through the Payment Processor, to charge the chosen Payment Method.
The User agrees to make payment using the selected Payment Method, but should the Payment Processor not be able to charge the User’s preferred Payment Method, the User authorizes Luxe Crush to use any Payment Method stored on record for the Billing Account.
Luxe Crush reserves the right to suspend or cancel a rental order or terminate a User’s access to the Services should Luxe Crush be unable to successfully charge the provided Payment Method.
Luxe Crush is not responsible for errors by the Payment Processor. We reserve the right to rectify any errors by the Payment Processor. We further reserve the right to correct any mistakes by us or the Payment Processor even if we, or our Payment Processor, have already requested or received payment.
If Luxe Crush does not receive payment from the User through the Payment Processor, the User agrees to pay all outstanding amounts on the Billing Account upon Demand.
Luxe Crush reserves the right to take all necessary steps to collect outstanding amounts due from the User, including, but not limited to legal action and/or using a third-party collection agency.
When providing Luxe Crush with a landline or cell phone number, the User gives consent to us, our agents, and/or our collection agents to contact the User on these numbers, or on any other number that is later acquired for the User. The User further consents that we or our agents may leave a live or pre-recorded message regarding any account or services. Calls may be delivered by an autodialer.
The User is solely responsible for any fees charged to the User’s payment method by the issuer, bank, or financial institution, including, but not limited to any overdraft, insufficient funds, and exceeding the credit limit fees.
The User agrees to notify Luxe Crush about any billing issues or discrepancies within ninety (90) days after they first appear on the Account statement. You agree that failure to notify Luxe Crush within 90 days amounts to a waiver of your rights to dispute such issues or discrepancies.
PROGRAMS AND PROMOTIONS
Any promotion or free trial providing access to a Paid Service must be used within the specified time. At the end of the free trial or promotional period, the User will be signed up to use the applicable Paid Service and charged in accordance with these Terms. The payment terms presented in the process of signing up for a free trial or promotion are deemed to be part of these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
User Content, Feedback and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Members may submit content in the form of Listings for items for rent/sale. Luxe Crush will evaluate items based on our expertise and approve items that will rent/sell. To enable us to evaluate the items, members may be asked to provide information about the listed items. Information may include, but is not limited to the location, brand, size, retail and rental/sale price, availability, and so on. Members may also be asked to provide descriptions and images of the actual items.
Listings will be made available to the public via the Site and Services.
Other members can rent/buy the listed items via the Site and Services based on the information provided in the listing. The Member agrees and understands that once another Member requests to rent/buy an item, the listing price cannot be altered.
By submitting a listing, a Member represents and warrants that the Member is the sole and exclusive Lender/Seller of all Member Content that the Member makes available through the Site and Services, or that the Member has all the rights, licenses, consents, and releases that are necessary to grant Luxe Crush the rights, as contemplated in these Terms, to the Member Content.
YOU ACKNOWLEDGE THAT THIS SITE IS AN ONLINE PLATFORM THAT FACILITATES THE RENTAL/SALE OF ITEMS BETWEEN PEERS. LUXE CRUSH DOES NOT AND CANNOT CONTROL THE CONTENT OF ANY LISTINGS, NOR CAN LUXE CRUSH CONTROL THE CONDITION, SUITABILITY, OR LEGALITY OF ANY ITEMS FOR RENT/SALE.
YOU ACKNOWLEDGE AND AGREE THAT LUXE CRUSH IS NOT A PARTY TO ANY RENTAL/SALE AGREEMENTS ENTERED INTO BETWEEN MEMBERS ON THIS SITE AND HAS NO CONTROL OVER THE CONDUCT OF THE MEMBERS.
LUXE CRUSH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO ANY LISTINGS AND ANY RENTAL/SALE EXCHANGES.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LUXE CRUSH IS NOT A BROKER, AGENT OR INSURER, AND CANNOT INCUR ANY LIABILITY IN THIS REGARD.
YOU UNDERSTAND AND AGREE THAT ANYONE WHO ACCESSES THE SITE, OR ANY MEMBER WHO CONDUCTS ANY TRANSACTION THROUGH THIS SITE, DOES SO AT THEIR OWN RISK.
Members have limited permission to link to www.shopluxecrush.com and may only do so if the link does not damage or take advantage of Luxe Crush’s reputation in any way. If linked, you may not in any way suggest that Luxe Crush endorses, approves, or associates with your product, except with our express permission in writing. If requested to do so, you agree to immediately remove any links to www.shopluxecrush.com upon receiving notice.
YOU AGREE TO NOT DO ANYTHING THAT COULD CREATE A FALSE IMPRESSION THAT LUXE CRUSH ENDORSES YOU, OR PARTNERED WITH YOU, OR THAT YOU ARE ACTING ON BEHALF OF, OR FOR THE BENEFIT OF LUXE CRUSH. THIS INCLUDES AGREEING TO NOT USE LUXE CRUSH’S INTELLECTUAL PROPERTY IN ANY INAPPROPRIATE MANNER.
Ratings and Reviews
Luxe Crush is not liable or responsible for any ratings and reviews, or any claims, liabilities, or losses that may result from ratings or reviews. Our Service allows Members to post reviews and ratings and any reviews or ratings posted by Members are considered User Submissions which are governed by these Terms.
Ratings and reviews are not endorsed by Luxe Crush and do not represent the views of Luxe Crush or any partner or affiliate of Luxe Crush.
Luxe Crush reserves the right to without notice, remove, modify, or exclude any rating and/or review for any reason at any time.
Errors, Inaccuracies, Omissions and Delays
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You acknowledge that the Service may occasionally become unavailable due to maintenance, malfunction of equipment, or any other reasons. You agree that Luxe Crush will not be liable for any such delays, inaccuracies, omissions, or unavailability.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You further state, agree, and warrant that you will not post, upload, share, store or make available in any manner any User Submissions, or access or use the Content, Products or Services, or interact with the Services in a manner that:
Contains and exposes other Members’ personally identifying information, including, but not limited to names, phone numbers, mailing addresses, emails and URL’s, or
Posts or shares any form of solicitation, including, but not limited to advertising, promotional material, solicitation of credit card numbers, solicitation for sponsors, or promotion of raffles or competitions or any other businesses or services, or
Contacts a Lender/Seller directly (the Service does not offer direct messaging with the Lender/Seller), or
Recruits in any way, any Lender/Seller or other Members to join a Luxe Crush competitor third-party service or website, without the prior written permission of Luxe Crush, or
As a Lender/Seller you fail to deliver an item after confirmation of a requested booking for such an item, or
Uses the Site and Services to find a Lender/Seller or Member and then circumvents the Terms of Service or completes the booking/transaction of a rental/sale item outside the Site or Services to avoid the obligation to pay any Service Fees.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) protects copyright. Any copyright Lenders/Sellers who believe that material appearing on the Internet infringes their rights under U.S. copyright protection laws has recourse under the Act.
If you believe in good faith that material available on the Service infringe your copyright, you or your agent may notify Luxe Crush in writing by mail or email, and request Luxe Crush to remove such material or block access to it. Similarly, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may under the DMCA send a counter-notice to Luxe Crush.
Notices and counter-notices must comply with the then-current statutory requirements of the DMCA.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Materials
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The security of your information is important to Luxe Crush. We may, however, provide your personal information to third parties who provide certain services, including, but not limited to delivery, payment processing, and repairs.
Luxe Crush reserves the right to disclose any information in our possession if we believe that we are legally required to do so to protect or defend our property rights, or to respond to an emergency. You agree that in such circumstances we may do so without notice to you.
While we make every reasonable effort to safeguard the confidentiality of your information, you acknowledge that the Internet and other e-commerce channels are not totally secure. You further acknowledge that due to the possibility of transmission errors, hacking, or other unauthorized third-party activities, Luxe Crush cannot guarantee that personal data transmitted to us will remain secure.
If we become aware of any security breach, we will act in accordance with our legal obligations and ability to determine the scope of the breach and make all legally required disclosures. We will do what is required to restore the integrity of the system and to enforce the laws.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Luxe Crush, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
EXCEPT FOR THE OBLIGATION TO PAY AMOUNTS TO APPLICABLE LENDERS/SELLERS UNDER THESE TERMS, OR APPROVED PAYMENTS REQUESTED UNDER THE LUXE CRUSH LENDER GUARANTEE, LUXE CRUSH’S COMBINED LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS AND YOUR USE OF THE SITE AND SERVICES IS LIMITED TO AN AMOUNT THE GREATER OF:
- THE AMOUNTS YOU AS A RENTER/BUYER HAVE PAID OR OWE FOR BOOKINGS THROUGH THE SITE AND SERVICES AS A MEMBER, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR
- IF YOU ARE A LENDER/SELLER, THE AMOUNTS PAID BY LUXE CRUSH TO YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR
- ONE HUNDRED (100) DOLLARS, IF NO SUCH PAYMENTS WERE MADE
COMBINED LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS AND YOUR USE OF THE SITE AND SERVICES AS MENTIONED ABOVE, INCLUDES BUT IS NOT LIMITED TO:
YOUR LISTING OR BOOKING OF ANY ITEM FOR RENT/SALE VIA THE SITE AND SERVICES, OR YOUR USE OF, OR THE INABILITY TO USE THE SITE, OR SERVICES, OR THE CONTENT, OR ANY USE IN CONNECTION WITH ANY ITEM FOR RENT/SALE, OR ANY INTERACTION WITH OTHER MEMBERS
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATION OF DAMAGES SET OUT ABOVE IS FUNDAMENTAL TO THE AGREEMENT BETWEEN LUXE CRUSH AND YOU.
Limited Product Warranty
You acknowledge and agree that Luxe Crush does not verify any statements of Users to review or verify any rental/sale items. You agree that your only remedy against Luxe Crush, and our only obligation, is to refund the rental/purchase fee of an item.
Consent to Receive Periodic Messages
By using the Service, the User agrees to receive communications from Luxe Crush, including text messages to the phone number provided by the User. Communications can be through an automated telephone number dialing system and may include informational text messages to notify Users about the status of orders, sending reminders, facilitating secondary authentication, and/or providing any other transactional information.
You state and warrant that you are the Lender/Seller for the phone number that you provided when creating your Account.
Your mobile carrier may charge standard messaging and data rates for text messages sent to you by Luxe Crush and you agree that you are solely responsible for any such charges, fees, and costs.
By signing up for Luxe Crush you consent to receive marketing and advertising communications, including emails, from us from time to time, unless you specifically notify us that you wish to opt-out of such communication.
You agree to have receive notices from Luxe Crush at the email address you provided. You agree that upon sending an email to the email address you provide; Luxe Crush has satisfied its obligation under this section.
Members are advised to check their spam folders from time to time to check that Luxe Crush emails were not misdirected. Luxe Crush is not responsible for any emails that you may not receive due to misdirection by your email provider.
You agree to indemnify, defend and hold harmless Luxe Crush and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
A User may not assign, delegate or transfer these Terms or any rights or obligations under these Terms, or the User’s Account, by law or any other way, without Luxe Crush’s prior written consent.
Luxe Crush may transfer, assign or delegate these Terms and their rights and obligations (in whole or in part) without the User’s consent or notice.
Choice of Law
These Terms of Service are governed by the laws of the United States, including federal arbitration law, and the laws of the State of Texas. These Terms will be construed under these laws.
BY ACCEPTING THIS AGREEMENT AND USING THE SERVICES, YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF DALLAS COUNTY, TEXAS, FOR ANY COURT ACTION OR PROCEEDINGS DEEMED NECESSARY BY LUXE CRUSH TO COLLECT AMOUNTS DUE TO THEM, OR TO RECOVER ITS PROPERTY, AND/OR TO PROTECT LUXE CRUSH AGAINST THEFT OR FRAUD.
LUXE CRUSH HAS THE SOLE OPTION TO CHOOSE TO COMMENCE COURT ACTION OR PROCEEDINGS FOR ANY OF THE ABOVE REMEDIES IN THE FEDERAL OR STATE COURT IN THE STATE WHERE THE USER RESIDES OR IN THE STATE WHERE THE PROPERTY IS LOCATED.
Subsections (a) to (f) below constitutes the Arbitration Process and are referred to herein as the “Arbitration Agreement”. Please read the Arbitration Agreement carefully.
It requires the User to enter into Arbitration with Luxe Crush for certain disputes and claims and it limits the manner in which a User can seek relief from Luxe Crush.
The User and Luxe Crush acknowledge and agree that for the purposes of any dispute relating to, or arising from, the subject matter of these Terms, Luxe Crush’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms.
When the User accepts these Terms, the User agrees that the Personnel will have the right to enforce these Terms against the User as third-party beneficiaries.
(a)Arbitration Rules/Applicability of Arbitration Agreement
The parties shall use their best efforts to settle any disputes, claims questions, or disagreements arising out of or relating to the subject matter of these Terms. The parties shall enter into good-faith negotiations and only if such negotiations do not resolve the dispute, shall the parties initiate arbitration. The dispute shall then be settled by arbitration.
Under the Consumer Arbitration Rules of the American Arbitration Association, the arbitration shall proceed in English.
The arbitrator’s decision shall follow the terms of this Agreement and will be final and binding on the parties in accordance with this Arbitration Agreement.
Notwithstanding the above, the User may bring any issues to the attention of federal, state, or local agencies and if the law allows, they can seek relief against Luxe Crush on your behalf.
(b) Class Action Waiver
Class arbitrations and class actions are not permitted under these Terms. You agree that any arbitration under these Terms will be on an individual basis and you agree to give up the ability to participate in a class action.
Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the above class action waiver may only be resolved by a civil court of competent jurisdiction and not by an arbitrator.
If a portion of the class action waiver was held enforceable, that portion shall be enforced in arbitration.
The arbitrator may not join more than one person’s claim with your claim unless you and Luxe Crush agree.
The arbitrator may not preside over any form of a class or representative proceeding.
The arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief for the party’s individual claim.
(c) Small Claims Court/Infringement
Nothing in the above-mentioned obligation to resolve disputes using arbitration, prevents you or Luxe Crush from filing a claim, if it qualifies, in the Small Claims Court of Dallas County, Texas, or in any United States County where you live or work.
In addition, you and Luxe Crush have the right to pursue injunctive or other equitable relief from any court of competent jurisdiction, at any time to prevent an actual infringement or threatened infringement, violation, or misappropriation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial
The parties agree to waive the right to trial by jury and instead, choose to submit disputes and claims to arbitration for resolution.
All disputes arising out of or related to these Terms or any aspect of the relationship between the User and Luxe Crush, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal premise, will be resolved by arbitration, except for disputes that qualify for Small Claims Court.
Any disputes arising out of or relating to the interpretation or application of this particular arbitration provision, including disputes regarding the enforceability, revocability, or validity of this arbitration provision or any portion thereof, shall be decided by an arbitrator and not by a court or judge. (This differs from the class action waiver provisions)
(e) Exclusive venue
In circumstances where the Arbitration Agreement permits either party to litigate any dispute arising from or relating to the subject matter of these Terms, in court, the Arbitration Agreement will not apply to either party.
You and Luxe Crush agree that any judicial proceedings, other than Small Claims Court actions, will be filed in the State or Federal Courts located in Dallas County, Texas.
The Arbitration Agreement will survive the termination of your relationship with Luxe Crush.
You understand and acknowledge and authorize Luxe Crush to take any actions required to comply with tax obligations under the law. Appropriate government agencies, departments, or authorities may require taxes to be collected from Users on the amount paid for Rental or otherwise and to be remitted to the respective tax authority.
Tax regulations may also require Luxe Crush to collect appropriate tax information from Lenders/Sellers and possibly issue tax forms or take other actions required under IRS and state income tax regulating authorities.
As a Lender/Seller, it is your sole responsibility to keep information in your tax forms up to date, complete and accurate and you agree and understand that you are solely responsible for calculating your own income tax reporting and payment obligations.
Luxe Crush cannot offer any tax advice.
Luxe Crush reserves all rights to do whatever is required to comply with tax regulations and laws.
If you as a Lender/Seller fail to provide Luxe Crush with documentation or fail to cooperate as required under tax laws, we reserve the right in our sole discretion to freeze all rental/purchase payouts until the matter is resolved or to take any other action, including action required by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Luxe Crush will not be liable for any impairment in performance or conducting of business due in whole or in part to events or occurrence which is beyond the reasonable control of Luxe Crush. Such events or occurrence includes, but is not limited to Acts of God, labor disruptions, acts of war, terrorists, criminals, hackers, vandals, governmental decrees or controls, riots, epidemics and quarantines, communication disruptions, power failures, accidents, explosions, fires, inability to obtain or ship products, inability to obtain licenses or permits, shortages or inability to obtain supplies or raw materials, severe weather, natural disasters or catastrophic events.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Frequently Asked Questions
For additional information about our Services, please refer to our online FAQ section.
Questions about the Terms of Service should be sent to email@example.com.