SELLERS TERMS AND CONDITIONS
Last Updated on 2nd of April 2019
Luxepolis Retail Service Private Limited ("Luxepolis" or "We") is the author and publisher of the internet resource www.Luxepolis.com listing and permitting transactions in relation to genuine luxury products and items of various brands ("Product(s)"). Luxepolis owns and operates the services provided through its website. It is important that you spend time reading the terms as they constitute a legal agreement between www.Luxepolis.com (the "Website" or "Site") and the Seller ("you" or "Seller") in connection to selling of your Products on the Website.
The Corporate office of Luxepolis is at Luxepolis Retail Services Pvt Ltd, 403, Tower B, Naman Midtown, Next to Indiabulls Finance Center, Prabhadevi/Elphinstone, Mumbai-13 .
These Seller Terms and Conditions ("Terms" or "Agreement") define the terms and conditions under which you are allowed to sell your Products on the Website and how we will treat your account while you are a member. If you have any questions about our Terms, feel free to contact us at email@example.com.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. Your continued use of the service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.
1.1 By using these services, you agree that you have read and understood these Terms and you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE SERVICES. You expressly represent and warrant that you will not avail the services if you do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
1.2 The Website and its services may be used only for lawful purposes . You agree to comply with all applicable laws, statutes, and regulations. You agree not to register under a false name. You will not impersonate any other participant or user or person or use another participant's or user's password(s). Any such fraudulent conduct may be reported to law enforcement, and Luxepolis will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
1.3 You agree that You will abide by the terms and conditions of this Agreement, any additional terms and conditions and Luxepolis policies, including any amendments thereto made by Luxepolis from time to time which may be made without notice to You.
1.4 The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:
(i)the Indian Contract Act, 1872,
(ii) the (Indian) Information Technology Act, 2000 and
(iii)1.4.3 the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
Unless otherwise defined in the Agreement, the following terms shall have the meaning set out as follows:
- “Buyer”shall mean a person who is registered as a user to access the Website and buys a Product from the Website.
- “Seller”shall mean any individual, organisation, business entity; or a company registered under the Companies Act, 1956 or the Companies Act, 2013, offering its Products for sale on the Website.
3.1 Use of this Website to list Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to list their Products on this Website. You represent that You, in your individual capacity and/or as an authorized representative of the entity registering as a Seller on the Website, are competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.
3.2 Luxepolis reserves the right to terminate your membership if you fail to comply with Luxepolis’ policy of listing Products which may be amended from time to time
4. ACCOUNT REGISTRATION AND YOUR INFORMATION
4.1 You will be able to offer your products for sale on the website subject to conditions, by registering on the Website to create an account ("Luxepolis Account") and become a member ("Member").
4.2 You are responsible for safeguarding your Luxepolis Account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Luxepolis Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Luxepolis Account.
4.3 Your Luxepolis Account will be created based upon the your information and Product information along with pictures of the Product you provide to us by way of you registering on the website, or communicating via email or Whatsapp or any form of messaging. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
4.4You also represent that you have provided to Luxepolis your information such as name, contact details, email address, account details, PAN No., Service Tax Registration, and other compliance related details during Luxepolis Account creation and that such information is true and correct as on date. You will also provide any missing information that may be requested by Luxepolis, and fully comply with Luxepolis request for any information as required by the Indian laws, during the course of listing process or after the products are listed, or delisted
4.5 You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, Luxepolis shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
4.6 You are solely responsible for the information you provide, we may only act as a passive conduit for online distribution and publication of any information you provide, including but not limited to any information in relation to your Product(s).
5. AUTHENTICATION OF THE PRODUCT
5.1 Authenticity is the key factor in determining product listings. The Seller shall not seek listing of Products that are inaccurate or inauthentic.
5.2 Luxepolis shall rely on the experience of the in-house category specialists and in some cases by partnering with selected luxury brands to determine the authenticity and condition of the Products. The authentication and inspection procedure shall be conducted using reasonable and acceptable industry standards.
5.3 The Inspection of the Products shall take place at the Seller's site.The Seller agrees that due to the nature of certain Products the authentication process may not be possible at the Seller site and require the authentication process to be conducted at Luxepolis’ appraisal center (“Appraisal Center”). The Seller authorizes Luxepolis to take the Product to Appraisal Center for conducting Inspection. The price of the Product shall be determined on authentication and shall be communicated to the Seller. Luxepolis and the Seller shall mutually agree on the price (“Listing Price”) of the Product(s).
5.4 Luxepolis shall put a hologram or any means of identification on the Product to indicate the authenticity and originality of Products and upon final approval by the specialists, shall list the Products for sale. Seller hereby agrees to allow Luxepolis to execute all such means and ways to ease the process of facilitating the transaction between the seller and buyer. Seller also agrees that on inspection and authentication of the Product the Seller agrees not to use the Product to ensure as is condition of the Product.
5.5 In the event the specialists disapprove the Product’s authenticity and thereby rejected, such rejected Product shall not be listed. Where the rejected Product has been inspected in Appraisal Center shall be returned to the Seller at the sole expense of the Seller. Luxepolis reserves the right to penalize the seller to the extent of 100% of the listed price of the product. Luxepolis also reserves the right to report to respective brands and law enforcement authorities.
5.5.1 In the rare event that Luxepolis determines the merchandise to be counterfeit after the sale is concluded, the seller affirmatively agrees to pay back any seller payout for the merchandise , penalty fees as per Luxepolis terms, authentication and shipping fees for return of item
5.6 Luxepolis disclaims all warranties, express or implied, in relation to any claim arising out of or in connection to authenticity of the Products and the Seller agrees to indemnify and hold Luxepolis, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any Buyer or a third party due to or arising out of any claim in relation to the authenticity of the Products.
5.7 Luxepolis may, at its sole discretion take penal actions or institute legal proceedings against the Seller in relation to any claim arising out of or in connection with authenticity of the Products.
5.8 The Seller makes the Product available to Luxepolis on a consignment basis. Once Luxeppolis takes the custody of product/s on consignment, all risk of loss or damage of the Product will be with the Luxepolis until the Product is sold and the title has been passed to the Buyer or the product is returned to the Seller. Luxepolis provides only a platform for the Buyers and Sellers to transact in relation to the Products listed. Luxepolis will take reasonable care of the Products of the Seller in Luxepolis’ possession.
6. LISTING OR CONSIGNING OF PRODUCTS
6.1 The Product which the Seller wishes to sell on the Website at the Agreed Price shall be listed on the Website by you or by Luxepolis as authorized by you via physical agreement sign off, or email, Whatsapp, facebook,twitter or via any channel of digital or non-digital in nature, subject to the following listing conditions:
6.1.1 The Products should not be prohibited from listing ("Banned Product Categories") as per the provisions of law. The Banned Product Categories are provided on the Website
6.1.2 You agree that your listing, posting and / or any information in relation to the Product:
- shall not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
- shall not pertain to Products of which you are not the lawful owner or you do not have the authority or consent to 'list' from those who own such Products
- Seller acknowledges that it is unlawful to import items into India for the specific purpose of resale without complying with all applicable laws and regulations in such respect, which may without limitation include obtaining explicit authorisation from the brand owners and their partners. Seller acknowledges and agrees that any actual breach of this provision, or reasonable suspicion of breach as assessed by Luxepolis, may result in being barred from further selling, with any such decision being made at Luxepolis’s absolute discretion. Luxepolis reserves the right to request information or documentation from any seller evidencing compliance with these terms.
- shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party
- shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party
- shall not be obscene, contain pornography or contain "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
- shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms
- shall not, directly or indirectly, offer, attempt to offer, import, trade or attempt to trade in any Products and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force and
- shall not be placed in a wrong category or in an incorrect area of the Website
- Listings for the same single item will not be duplicated on the website
- The picture of the product uploaded on the Website shall be of as is condition of the Product.
6.1.3 Where the Product(s) are listed at the Agreed Price, the Seller is obligated to sell the goods at the Listed Price to Buyers.
6.1.4 By listing a Product at Agreed Price, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. By posting a listing for the Agreed Price, you agree to complete the transaction as described by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction shall be legally actionable Luxepolis.
6.2 You acknowledge and agree that you are solely responsible for the Product which has been listed on the Website, the consequences of listing, transmitting, linking or publishing it on the Website. In connection with such Product listed on the Website, you affirm, acknowledge, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and offer for sale of such Product (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Product) and authorize Luxepolis to list such Product on the Website as Luxepolis deems fit.
6.3 Luxepolis does not permit any copyright or trademark infringement on the Website, and Luxepolis may, at its sole discretion, remove any infringing Product if properly notified that such Product infringes any third party intellectual property rights. Luxepolis reserves the right to remove/delist any such Product without prior notice to the particular Seller.
6.4 For ultra luxury Products, the price shall not be mentioned on the Website, and for such Products, you will be able to contact interested Buyers directly. For such transactions, which essentially take place outside of Luxepolis' platform, Luxepolis will not be liable for any loss, claim or damage arising out of such transaction.
6.5 You shall click appropriate photos for your Product to be uploaded on the Website which may assist the Buyers in making an informed decision about the Product. In the event that a Product does not match the photos that have been uploaded in any manner whatsoever, Luxepolis shall contact you and the sale procedure may take a longer time.
6.6 You must describe your Product (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the Buyer unless the transaction is prohibited by law or these Terms, subject to the return procedure described below.
6.7 Luxepolis may provide a video service to you if you upload photographs of your Product. By uploading these photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest that may be necessary to upload and use the photographs on this service. By offering up a photograph, graphic material or videos in relation to listing of Products on the Website, you provide Luxepolis a royalty free exclusive license in relation to the intellectual property constituted therein, which license shall be for a term commencing from the date of listing until the expiry of 3 (three) months after the date on which the listing of the Products has ceased.
6.8 Luxepolis reserves the right to list the merchandise on partner websites. We will make every attempt to obtain the highest possible selling price for the consigned merchandise, but shall have full control on final pricing the item. We reserve the right to add up to the selling price eventual shipping fees, duties and other related charges.
7. FACILITATION & MARKETING Fees
7.1 As a consideration for the facilitation and marketing services provided by Luxepolis to the Seller in the form of listing Seller’s Products on the Website, marketing, customer support, shipping and handling, product returns and online operational costs incurred, the Seller hereby agrees to pay Luxepolis a commission fee or facilitation & marketing service fee as below:
Effective from 1st of January 2019, Luxepolis has changed and simplified our fee structure to include leather spa and dry cleaning charges (upto Rs.830), we continue to offer 100% Free on pick-up and courier/insurance fees. and any other incidental fees. Fee hikes are as follows:
|Catalog Processing Fee for all sold products|
|Catalog Processing Fee applied regardless of product value|
Applied only when a product is 100% confirmed sold
|Commission on Sold Value for any items Excluding GST||Luxepolis Commission||Seller Payout|
|Sold Value of & under INR 2 lacs for an individual product||25% *||75% **|
|Sold Value above INR 2 lacs for an individual product||20% *||80%**|
|Discounts on Commission on Bundle Payout Value Excluding GST||Luxepolis Commission||Seller Payout|
|Bundle Payout value more than 5 lacs for multiple products sold||20% (7% cumulative discount)*||80%**|
|Bundle Payout value more than 7 lacs for multiple products sold||18% (~9% cumulative discount)*||82%**|
7.2 Luxepolis reserves the right to change the facilitation & marketing fees at its discretion. Any changes in facilitation & marketing fee will be effected for the listings created on or after the fee changes are effected by publishing on the Website.
8. TITLE TO THE PRODUCT
Title to and ownership in the Product will remain with the Seller until a Product Sale, (as defined). A "Product Sale" shall be deemed to have occurred when the Buyer has made the payment for the Product and the Product has been delivered to the Buyer unless the Product is returned by the Buyer for any reason whatsoever.
9.1 Where the Product is in the possession of the Seller during the period of the Product listed on the Website, the Seller shall at all times ensure availability of the Product. Upon the confirmation of any purchase and sale transaction through the Website and payment of the required amount by the Buyer, Luxepolis will schedule with the Seller an appropriate time for pick-up of the Product. A Luxepolis logistics representative will visit the Seller for Product pickup. The Luxepolis logistics representative shall inspect the Product quality and condition with the Product description of the order. The Seller shall handover the Product to the Luxepolis logistics team and the product(s) will be taken to Luxepolis’s authentication center for a detailed authentication and appraisal process. All products that are found to be authentic and carry no discrepancies on the condition of the product will be shipped to the Buyer.
9.2 Where the product is in the possession of Luxepolis during the period of the Product listed on the Website, Luxepolis shall inform the Seller upon the confirmation of any purchase and sale transaction through the Website and payment of the Listing price ("Selling Price") by the Buyer. Luxepolis shall pack, transport and deliver the Products to the Buyer in accordance with standards of due care and safety.
9.3 The Buyer shall have 3 (three) days from the date of delivery to confirm appropriate receipt. The Buyer must report or raise any dispute on the delivered products within 3 (three) days . If the Buyer does not respond within such time period, the Product will be deemed accepted and no further refund claim shall be processed.
10.1 For all orders placed on the Website for the Product(s) listed, payments shall be collected by Luxepolis on behalf of the Seller, in the mode (i.e., payment gateway or cash on delivery) as opted for by the Buyers. The cash on delivery payment option shall be allowed upto Rs. 40,000 (Rupees forty thousand only) or such other amount as determined by Luxepolis. You hereby authorize Luxepolis to process, facilitate, collect and remit payments to You, (collected either electronically or through cash on delivery), from the Buyers in respect of Product Sale through the Website. You also agree that, in doing so, Luxepolis will be merely acting as your limited agent with the sole intent and purpose of facilitating the sale and purchase of Products through the Website. You also agree that the payment facility provided by Luxepolis is neither a banking service nor a financial service but is merely a facilitator/facilitating the service of providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery, for the transactions on the Website. Further, by providing the payment facility, Luxepolis is neither acting as a trustee nor acting in a fiduciary capacity with respect to any transaction on the Website.
10.2 Once the product is sold and buyer has not disputed the order or product, Seller will be intimated. Upon receipt of confirmation from the Buyer that it has satisfactorily received and accepted the purchased Product, Luxepolis shall initiate payment and the funds will be transferred into sellers account in 21 banking days or longer at the end of buyer’s order dispute period, i.e., three days after the receipt of the delivery of the product.
10.3 The payment for the Product to the Seller shall be made after deducting the applicable taxes, and subject to such deductions and fees as may be notified by Luxepolis to Sellers from time to time. Where the refund process has been initiated for the Product Sale as per clause 10.2 of this Agreement, the payment to the Seller for such Product Sale shall not be made and the Product shall be returned to the Seller on successful receipt from the Buye
11. RETURN OF PRODUCT
11.1 At any time during the period of this Agreement, the Seller may choose to immediate removal of all or some of the Products from Website, with reasonable written notice to Luxepolis. All costs of removing and returning the Product will be borne in accordance to the mutual agreement arrived by the Seller and Luxepolis.
11.2 At any time during the period of this Agreement, Luxepolis has the discretion to remove all or some of the product listings in the event if some or all the products listed by the seller are found to be inauthentic or potentially inauthentic. In such a event, all costs of removing and returning the Product will be borne by the Seller and Luxepolis shall have no obligation to return such items unless and until the Seller has provided for shipping at its sole expense.
11.2 Within 3 days of Product Sale if the Buyer requests for a refund due to acceptable reasons, the same shall be intimated to the Seller and the refund process shall be initiated.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Luxepolis name and logos are trademarks and service marks of Luxepolis (collectively the "Luxepolis Trademarks"). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Luxepolis. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Luxepolis Trademarks displayed on the Website, without Luxepolis’ prior written permission in each instance.
12.2 Luxepolis will not be liable for any claim against any such logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by Luxepolis at its sole discretion.
13. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS
13.1 You acknowledge and agree that Luxepolis shall not be liable for your direct interactions with any organizations and/or individuals on the Website. This includes, but is not limited to, payment and delivery of Products and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals.
13.2 You agree and acknowledge that Luxepolis shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such direct dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Luxepolis is under no obligation to become involved in such dispute.
13.3 In the event that you have a dispute with one or more other users, you hereby release Luxepolis, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
14. DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
14.2 You warrant that the goods are free, and at the time of delivery or after the delivery will be free, from any security interest or other lien or encumbrance. Seller warrants that there are no outstanding titles or claims of title hostile to the rights of Seller on the Goods.To the fullest extent permitted by law, Luxepolis, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
14.3 Luxepolis makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any third party websites linked to the Website and assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content,
(ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and service,
(iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from the Website,
(v)any bugs, viruses, trojan, or the like which may be transmitted to or through the website by any third party, and/or
(vi)any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.
14.4 Luxepolis does not warrant, endorse, guarantee, or assume responsibility for any Product or service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, and Luxepolis will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of Products or services. All the Products listed by you on the Website shall be on an "as is" basis for the Buyers and Luxepolis shall not provide any warranties in respect of any Product listed by you nor shall Luxepolis be liable to any Buyer who claims any damage or loss on purchase of your Product.
15. LIMITATIONS OF LIABILITY
15.1 IN NO EVENT SHALL LUXEPOLIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LUXEPOLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LUXEPOLIS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
15.2 In no event shall Luxepolis, its officers, directors, employees, or agents be liable for any claims or damages arising out of the sale of your Products on the website and you acknowledge that you shall be solely responsible and liable for any such claim arising out of or in connection with your product sold to the Buyers. Further, Luxepolis shall not be liable for any loss or damages caused to you for any Product remaining unsold or Products returned by the Buyer.
15.3 Luxepolis reserves the complete rights to withhold the payments to and consigned inventory of the seller for whatsoever the reasons, including but not limited to the following a) Luxepolis is notified in any manner about the seller's fradulent or inappropriate conduct with Luxepolis's employees, vendors, partners, contractors or any person associated with Luxepolis business b) Luxepolis has a reason to believe the products are stolen or misrepresented as per the clause 14
16. TERM AND TERMINATION
16.1 This Agreement may be in force until terminated as per this Clause 15.
16.2 You acknowledge and agree that Luxepolis, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard your Product listed on the Website for any reason or no reason at all, including, without limitation, if Luxepolis believes that you have violated these Terms.
16.3 Upon termination, you shall not use the services of the Website in any manner whatsoever, including without limitation to list your Products.
16.4 Any rights, responsibility and obligation of You and/or Luxepolis arising before termination shall survive termination. Clauses pertaining to INTELLECTUAL PROPERTY RIGHT, INDEMNITY and GOVERNING LAW AND DISPUTES, DISCLAIMER AND WARRANTY or any other clause which by its nature requires surviving termination shall survive termination.
You agree to indemnify and hold Luxepolis, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by the Buyer or any third party due to or arising out of the listing or sale of your Products, or for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation or due to breach of representations made by You to Luxepolis.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Luxepolis without restriction. Any assignment or transfer by you shall be null and void.
19. GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the business or Website.
20. SPECIFIC PERFORMANCE
The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
21. INDIRECT AND CONSEQUENTIAL LOSSES
Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
This agreement has been entered between You and Luxepolis on Principal to Principal basis. None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Luxepolis and you shall have no authority to bind Luxepolis in any manner whatsoever.
23. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr.Vijay K G
Luxepolis Retail Service Private Limited,
3rd Floor, Orbit Terraces,
64, M Joshi Marg, Lower Parel (West)
Mumbai – 400013
Phone: 808080 6827
BANNED PRODUCT CATEGORIES
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
- Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne.
- Body parts which includes organs or other body parts.
- Bulk marketing tools, which include email lists, software, or other products enabling unsolicited email messages (spam).
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
- Child pornography which includes pornographic materials involving minors.
- Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
- Copyrighted media which includes unauthorised copies of books, music, movies, and other licensed or protected materials.
- Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software.
- Counterfeit and unauthorised goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorised goods.
- Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
- Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
- Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
- Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
- Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
- Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
- Offensive goods which includes literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts; and/or c) Promote intolerance or hatred.
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
- Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
- Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
- Securities, which includes stocks, bonds, or related financial products.
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
- Traffic devices which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products.
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
- Wholesale currency which includes discounted currencies or currency exchanges.
- Live animals or hides/skins/teeth, nails and other parts etc. of animals.
- Multi Level Marketing collection fees.
- Matrix sites or sites using a matrix scheme approach.
- Work-at-home information.
- Drop-shipped merchandise.
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.