Terms of service
Terms and conditions
Luxe The Label
THIS SALE OF GOODS AGREEMENT (“AGREEMENT”) GOVERNS YOUR PURCHASE AND USE OF THE GOODS AS WELL AS THE USE OF THE WEBSITE. LUXE THE LABEL PERMITS THE USE OF THIS WEBSITE, WHICH SHALL ALWAYS BE SUBJECT TO THE TERMS AND CONDITIONS HEREIN, BY USE OF AND BY ENTERING THE WEBSITE, YOU SHALL BE DEEMED TO UNCONDITIONLLY ACCEPT AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS WEBISTE AND SALE IN THIS AGREEMENT.
IF YOU ARE UNDER THE AGE OF 18, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THE TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS AND CONDITIONS. IN THIS AGREEMENT YOU AS THE CUSTOMER ARE REFERRED TO “THE USER”. ALL REFERENCES TO “USER” HEREINAFTER SHALL REFER TO AND MEAN CUSTOMER, AND OR ANY OTHER USER OF THIS SITE.
GENERAL
1. ABOUT LUXE THE LABEL
1.1. www.luxethelabel.eu is a site (“the Portal” or “Website”), which allows customers ("the Customers") to buy certified authentic second-hand luxury handbags (“the products”) via this website.
1.2. The website is managed by Luxe The Label (Luxe The Label), registration number KVK95244565, contact: luxthelabel1@gmail.com and all Products are sold on behalf of Luxe The Label.
1.3. Luxe The Label acts as an intermediary between Suppliers and Customers.
1.4. Luxe The Label permits the use of this Website, which shall always be subject to the User Agreement (“Terms and Conditions”) of Luxe The Label herein, by use of and by entering the Website, you shall be deemed to unconditionally accept and understand the Terms and Conditions of this Website.
1.5. These Website Terms and Conditions govern the ordering, sale and delivery of the products, and the use of the Website and shall at all times be applicable to the use of the website, whether or not an account has or has not been created.
1.6. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “user”, or “buyer”), including without limitation each user who agrees to the Terms and Conditions as contemplated above. By using the Website as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.7. The Website enables you to shop online for an extensive range of second-hand luxury goods (“Goods”).
1.8. Luxe The Label does not hold ownership over any of the Goods on the website. Therefore, Luxe The Label cannot be held accountable for the quality, damage, harm or loss to/of/for the product as Luxe The Label does not always inspect the product prior to delivery. Luxe The Label is only provided with certain information, details, descriptions and images of the Goods which are on the website.
2. IMPORTANT NOTICE
2.1. Luxe The Label draws your attention to these terms and conditions as they are of importance to be noted.
2.2. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Luxe The Label to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.3. Luxe The Label permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. REGISTRATION AND USE OF THE WEBSITE
3.1. Any and or all Users may order Goods on the Website.
3.2. There is the option of creating an account. When creating an account, you must provide your full name, physical address (for delivery or collection purposes) and email address. The Buyer will then create a username and password to log-in to their account. You will need to use your unique username and password to access the Website in order to purchase Goods. The abovementioned unique username or password will only be required if the purchaser decides to create an account.
3.3. The Buyer has the option to create an account when purchasing which allows for express checkout, tracking purchases and reviewing previous purchases.
3.4. You agree and warrant that your username and password shall:
3.4.1. be used for personal use only; and
3.4.2. not be disclosed by you to any third party.
3.5. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
3.6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.
3.7. You agree to notify Luxe The Label immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Luxe The Label representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
3.9. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Such material distributed by any User will lead to their account immediately being suspended and reported.
3.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Luxe The Label representative.
ORDERING, SHIPPING AND DELIVERY
4. HOW DOES LUXE THE LABEL WORK?
The website allows for Online Ordering:
4.1.1 Luxe The Label will portray second-hand luxury handbags, in specific product categories, on the Website. The products will include description, condition, images and pricing of the Goods.
4.1.2 Browsing, saving to favourites and buying products which will be in various product categories on Luxe The Label.
4.1.3 You are responsible for keeping your account and password confidential and for all activities under your account.
4.1.4 We reserve the right to refuse service, cancel orders or terminate accounts, at our discretion.
4.1.5 To place an order:
1 Select your items;
2 Enter your email and delivery address;
3 Choose a delivery method;
4 Provide billing details and payment info.
4.1.6 By ordering, you agree to our Terms, Privacy, and Return Policies. You’ll have a chance to review your order, including shipping charges, before submitting.
4.1.7 After placing your order, you’ll receive a confirmation email. If you pay by credit card, we’ll notify you of your payment status. Once the goods are shipped, you’ll receive a shipping notification.
4.1.8 All orders depend on product availability, and we may cancel your order for any reason.
4.2 Payment process:
4.2.1 When the buyer finds the Good/s of interest Luxe The Label accepts payments by a valid debit/ credit card or through a bank transfer.
4.2.2 All payments must be made in EURO’s unless otherwise agreed in writing.
4.2.3 Both parties must pay all amounts in full, without deductions or withholding, unless required by law. No party can withhold payment by claiming a set-off, credit, or counterclaim.
4.3 Pricing:
4.3.1 The price of the Goods is based on our current quotation or as agreed in writing. If our costs increase due to factors beyond our control (e.g., material, labour, exchange rates, or delivery charges), we may raise the price before delivery, but we will notify you first.
4.3.2 Discounts may apply at our discretion.
4.3.3 The price excludes packaging and delivery fees but includes VAT and other applicable taxes.
4.4 Delivery:
4.4.1 We will deliver the Goods to the address provided in your order or another location agreed in writing. If no address is provided, or if agreed, you must collect the Goods from our premises.
4.4.2 Delivery can occur between 10am and 5pm. If you do not accept delivery, we may: a. Store the Goods and charge you for storage, transportation, and insurance; b. Arrange re-delivery at your expense; c. After 10 business days, resell or dispose of the Goods and charge you for any shortfall.
4.4.3 Delivery dates are estimates, and we are not liable for delays caused by circumstances beyond our control or your failure to provide adequate instructions.
4.4.4 If re-delivery is not possible, you must collect the Goods, and we may charge for storage and insurance.
4.4.5 We ship items via professional courier and require a signature upon delivery. You agree that anyone 18 or older at the delivery address can sign for the package. If no one is available, you'll need to contact the courier to arrange a new delivery date.
4.5 Authentication
4.5.1 All items are authenticated before shipping. Quality control ensures they match the images and descriptions. A certificate of authenticity can be provided upon request. If there is any doubt about authenticity, customers will be notified.
4.5.2 If an item is found to be counterfeit by a third-party authenticator after delivery, we will accept the return and refund the item cost, return shipping, and authentication fees.
4.6 Logistics
4.6.1 Shipments are handled by Courier, with coverage for loss or damage. Orders ship within 1 - 15 business days, depending on item location. A tracking number will be provided.
4.7 Inspection and Return of products:
4.7.1 Customers must contact Luxe The Label within 3 days of receiving their order to report any complaints using the email luxthelabel1@gmail.com
4.7.2 Since Luxe The Label sells second-hand luxury items, returns are not accepted for defects visible in the product photos or based off the description or condition of the item.
4.7.3 Customers are responsible for reviewing the product descriptions and photos carefully. No refunds will be given for overlooking this information.
4.7.4 If a product significantly differs from the photos or description, customers have 5 days from receipt to submit a claim with supporting documents (e.g., photos).
4.7.5 After this period, products are considered conforming, and no claims will be accepted.
4.7.6 Each return or claim will be investigated before any refund decision.
4.7.7 Since sales are between the Customer and Luxe The Label, complaints go directly to Luxe The Label, which handles them. Luxe The Label prioritizes resolving disputes amicably.
4.7.8 If the dispute is valid, Luxe The Label will refund or replace the Products.
4.7.9 The Buyer undertakes to return the goods in the same condition.
4.7.10 If a Product is found to be non-conforming, Luxe The Label will refund the Customer, using the original payment method, within 14 days of the complaint, including delivery costs.
4.7.11 Except for non-conformity or counterfeiting, the Customer has no right of withdrawal. Once the Customer accepts the Terms and Conditions before purchase, they cannot withdraw.
4.7.12 Once the order is confirmed, the Customer is charged and cannot cancel or request a refund.
4.7.13 Luxe The Label encourages the Buyer to be certain before purchasing the product/s as they will only be entitled to a return within 3 (seven) days should the Goods be defective or not as per the image or description as mentioned on the website. The Buyer will not be permitted to return the Goods should they simply change their mind. If the Goods have been damaged during transport, this must be proven by the Buyer with sufficient evidence and in this case it will be taken up with the Courier.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User (Buyer) confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Portal.
5.2. To use the Portal, including to make purchase transactions, the User (Buyer) undertakes to enter their valid e-mail address to the Portal and be available via e-mail.
5.3. The User (Buyer) undertakes to conduct only legal purchase transactions through the Portal.
5.4. The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.
5.5. The User undertakes to ensure that their activities are in accordance with good manners.
5.6. The User confirms that they are aware that the obligation to pay taxes (including VAT) on all service transactions lies with the User.
5.7. The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Portal, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User. Luxe The Label cannot be held liable for any transactions wherein a third party has accessed personal and private information.
5.8. Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods or services to be sold must be submitted directly to luxthelable1@gmail.com
6. RIGHTS AND OBLIGATIONS OF LUXE THE LABEL
6.1. Luxe The Label is justified, at its own choice, to restrict or revoke the User’s access to the Portal, or stop the sale or close their User account and not allow them to re-register as a User if the User:
6.1.1. violates these Terms and Conditions;
6.1.2. has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;
6.1.3. knowingly and intentionally disseminates false information on Luxe The Label’s website, insults any other User in any way, or acts in bad faith;
6.1.4. the purchase offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;
6.1.5. upon first complaint received about the User’s activity, depending on the severity of the complaint. Luxe The Label reserves the right to suspend upon complaint of a User.
6.2. At any time, Luxe The Label is entitled to monitor the activities on the Portal, including the purchase offers made by the Portal Users.
6.3. The www.luxethelabel.eu website and all its contents are copyrighted by Luxe The Label.
7. DISCLAIMER OF LIABILITY
7.1. Our liability under the Contract, including for breach of statutory duty, unlawful act, or misrepresentation, is limited as follows:
7.2. Luxe The Label does not hold ownership over any of the Goods on the website. Therefore, Luxe The Label cannot be held accountable for the quality, damage, harm or loss to/of/for the product as Luxe The Label does not always inspect the product prior to delivery. Luxe The Label is only provided with certain information, details, descriptions and images of the Goods which are on the website.
7.3. If we fail to deliver the Goods, our liability is limited to your costs of obtaining replacement goods of similar quality, minus the price of the original Goods.
7.4. In no case will our total liability exceed the amount you paid for the Goods.
7.5. Luxe The Label does not expect, inspect nor ensure the guarantee of the goods or services sold and does not always review nor check the quality of the goods or services sold or the compliance with the description on the website.
7.6. We are not liable for: a. indirect, special, or consequential losses; b. loss of profits, business, data, reputation, or business interruption; c. delays or failures beyond our reasonable control; d. losses from your failure to meet your own obligations; or e. losses related to your choice or use of the Goods.
7.7. We will not be liable to you for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
7.8. These limits do not apply to liability for death, personal injury, fraud, or where exclusion would be unlawful.
8. FURTHER INDEMNITY
8.1. The User indemnifies and shall hold indemnified Luxe The Label, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including, but not limited to, claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the User’s Goods, the breach of any of the User’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, applicable laws and standards. For the purpose of this clause reference to Luxe The Label shall also include the Mobile Operators and such other agencies through whom Luxe The Label shall make the Online Store available to the User.
9. AMENDING THE TERMS AND CONDITIONS
9.1. Luxe The Label has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Portal and the services offered and in the interest of their better and safer use.
9.2. Luxe The Label undertakes to notify the User of any amendments to the Terms and Conditions by means of notices, messages, or e-mails published on the Portal.
9.3. Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Portal.
9.4. The User confirms their acceptance of the amendments to the Terms and Conditions by continuing to use the Portal after the respective amendments become effective.
10. JURISDICTION OF GOVERNING LAW
10.1. Legal relations between the User and Luxe The Label arising from the use of the website are governed by the laws of the Netherlands and the Netherlands courts.
10.2. The User and Luxe The Label will try to resolve disputes arising from the use of the Portal through negotiations.
10.3. Should it be necessary, both Luxe The Label and the User agree to electronic service of all letters, notices and legal proceedings where permitted. Notices can be sent to luxthelabel1@gmail.com. Should a legal action be instituted against Luxe The Label, then the action will be commenced by sending the relevant notices and/or letters to Luxe The Label via luxthelabel1@gmail.com. However, the action cannot be deemed to have commenced without confirmation of receipt of the email from Luxe The Label whereby a physical address will be nominated by Luxe The Label for the further service of any and/or all future notices or documents therein.
11.1. Luxe The Label shall not be liable to the Users for inability to perform or delayed performance in terms of this Agreement including but not limited to any direct, indirect, consequential, special or delictual loss or damage of any nature and howsoever arising which may be suffered should such inability or delay arise from any Force Majeure event, cause beyond the reasonable control of Luxe The Label and not caused by any fault of Luxe The Label, provided that the existence and/or happening of such cause has been drawn to the attention of the Users within a reasonable time of occurrence of such a cause.
11.2. “Force Majeure" shall include vis major, casis fortuitous, pandemic, act of God, strikes, lock outs, accidents, lightning, earthquakes, fire, storms, perils of the sea, floods, radiation or chemical or nuclear contamination, ionising radiation, explosions, war (whether declared or not) or other armed conflicts, sabotage, terrorist acts, blockades, embargoes, insurrections, invasion, hostile acts of foreign enemy, industrial disputes, arrests and restraints by any governmental authorities, and any other cause or circumstance beyond the reasonable control of Luxe The Label and which has not arisen as a result of negligence or wilful act of Luxe The Label or any person for whose acts Luxe The Label is responsible in law.
12. FINAL PROVISIONS
12.1. The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and Luxe The Label. The User has the right to terminate the legal relations regulated by the Terms and Conditions at any time by fulfilling their existing obligations to Luxe The Label and other Users beforehand.
12.2. All messages and information between the User and Luxe The Label are exchanged electronically at luxthelabel1@gmail.com.
12.3. This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, correspondence, arrangements and understandings (whether written or oral) between the Parties with respect to its subject matter.
12.4. User agrees and acknowledges that Luxe The Label, at all times during the term of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by Luxe The Label without any prior notice to the User in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Luxe The Label.
12.5. Appropriate disclaimers and terms of use on Luxe The Label portal shall be placed by Luxe The Label.
12.6. At any time if Luxe The Label believes that the services are being utilized by the User is in contravention of the terms and provisions of this Agreement, Terms and conditions of use of Luxe The Label, Luxe The Label shall have the right either at its sole discretion or upon the receipt of a request from the legal/statutory authorities or a court order to discontinue/terminate the said service(s) to the User, remove/block/close the access of the User to Luxe The Label and furnish such details about the User and/or its Users upon a request received from the Legal/ Statutory Authorities or under a Court order.
PRIVACY POLICY
13. USER ACCOUNT
a. The Buyer has the option to create an account when purchasing which allows for express checkout, tracking purchases and reviewing previous purchases.
b. The User (Buyer) keeps the data used for logging in to the Portal confidential and prevents them from becoming known to third parties as best they can.
c. The User (Buyer) is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the address luxthelabel1@gmail.com
14. TRANSACTION SECURITY
d. In order to protect the interests of the Users of the Portal, the entire sales process must take place in the Portal environment. The Buyer must use only the payment methods and methods of transportation provided in the Terms and Conditions. The Buyer can pay for the goods with an EFT payment or credit card/debit card.
e. The Portal protects the Buyer from potential fraud as follows:
i. After the goods have been shipped or the service has been provided, the customer will be notified by way of SMS/email/Website notification from the courier service to confirm the receipt of the Goods delivered to the Buyer and the order fulfilment will be shown as complete on the website.
f. Transactions will be acquired via Shopify Payments or Pay Pal, which use the strictest form of encryption, and as such, no credit card details are stored on the Website. Luxe The Label will have no access to card details entered by the User on the secure site.
15. PROCESSING PERSONAL DATA AND PRIVACY POLICY
g. Luxe The Label collects only such personal data from the User that arise during the use of the Portal pursuant to the User’s activities on the Portal. Such data is, for example, data in the User’s profile, information provided during the purchase of Goods, and data saved from all other activities provided on the Portal (saving Goods/another User, making a purchase, sending messages, etc.).
h. Luxe The Label has the right to process data that Luxe The Label has received from the User when logging into the Portal and that Luxe The Label has asked during the use of the Portal or which is collected about the User when otherwise using the Portal for the purposes and to the extent specified in the Terms and Conditions.
i. The User consents to Luxe The Label processing their personal data for the purposes and to the extent specified in the Terms and Conditions. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the user account.
j. Luxe The Label uses the User’s personal data to provide, develop, and personalise the Portal’s service.
k. Luxe The Label has the right to use the User’s personal data and transfer them to third parties selected by Luxe The Label to cooperate with them to ensure the quality and availability of Luxe The Label’s services, as well as expand, improve, and otherwise develop the services offered by Luxe The Label.
l. As per the above, the User agrees that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order.