Terms of Use

Terms 

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, THE AGREEMENT TO ARBIRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.  PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF USE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY LUXANTHROPY.  INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND LUXANTHROPY.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU CANNOT USE THE SERVICE.. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE LuxAnthropy.com (“SITE”).

By using the Site or Service, you are stating that you have read and understand, and agree to be bound by, this Agreement. You also are stating that you have read and agree to LuxAnthropy’s Privacy Policy. Consignors and Buyers may be subject to additional terms. Please see the Consignment Terms, Consignor’s Agreement, Return Policies, Shipping Guidelines and Buyer’s Agreement.  All such terms, policies or guidelines applicable to such services are hereby incorporated by reference into these Terms of Use.

A Seller’s Account is required to access certain portions of the Site. If you do not agree to be bound by this Agreement and the Privacy Policy, you may not use the Service or Site in any way. Any user who is found to be in violation of this Agreement or any other policies posted on the Site may be banned, at the sole discretion of LuxAnthropy.


Services

LuxAnthropy is a unique service that combines Fashion and Philanthropy. Our motto, “Transform your closet. Transform your world,” pertains to our one-of-a-kind service that allows you to make money, and give back, while selling resale designer and contemporary merchandise. 

Our Site provides an online marketplace for fashion items, in which Consignors may send LuxAnthropy their designer and contemporary clothing for authentication, public listing of their items (including photographs and descriptions), and sale. Our Site also allows users to access, browse, and purchase a wide variety of designer resale items. Once an item is purchased, the Consignor is able to donate between 5-100% of their selling commission to a partner charity of their choosing.  Once a transaction is finalized, LuxAnthropy will donate 5% of its own gross proceeds on each item sold to the Consignor’s designated charity.


Changes to the Agreement and Additional Terms

LuxAnthropy reserves the right to modify or terminate the Site and Service for any reason, without notice and at any time. LuxAnthropy reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If LuxAnthropy makes a material change, then LuxAnthropy will notify you here by posting updates to this Agreement on the homepage of the Site, or by means LuxAnthropy deems appropriate. What constitutes a "material change" will be determined at LuxAnthropy’s sole discretion, in good faith, and using common sense and reasonable business judgment.

YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICES AFTER SUCH CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REGULARLY REVIEW THIS AGREEMENT WHEN USING THE SITE OR OUR SERVICES.

Seller Account Eligibility

You must be 18 years or older to use this site. All Account holders must reside in the U.S. You may not have more than one Seller Account. LuxAnthropy may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. 


Compliance

You agree to comply with all laws including all laws applicable in the jurisdiction from which you are accessing the Site or any Services regarding acceptable content and online conduct. You are responsible for all applicable taxes. In addition, you must abide by our policies as stated in this Agreement and other policy documents available via hyperlink in this Agreement (as applicable to your activities on the Website or use of the Services).


Seller Account

You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your LuxAnthropy account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.

Your account information, particularly your email address and password, authenticates your identity as a LuxAnthropy Member, and LuxAnthropy is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to immediately notify LuxAnthropy of any unauthorized use of your account or password and any breach of security. You understand that failure to notify LuxAnthropy of a technology breach can result in significant damages and could lead to the invasion of privacy of other Users.  You also agree that LuxAnthropy cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You must keep your account information up-to-date and accurate at all times, including a valid email address. Your commission checks will arrive via USPS, so please keep your mailing address up-to-date.


Account Transfer

You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your LuxAnthropy account.

License

LuxAnthropy grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Any unauthorized use by you shall terminate the permission or license granted to you by LuxAnthropy.

With respect to any postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant LuxAnthropy a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such posting or any part of such posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to LuxAnthropy, and (ii) LuxAnthropy’s authorized use thereof does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). 

Charity Tax Receipts for Seller

LuxAnthropy will transfer all Seller donations in the Seller’s name to their chosen charity on a quarterly basis to ensure each transaction is fully completed. The charity receiving the Seller’s donation is solely responsible for sending the Seller a Tax Receipt.  If the Seller does not receive a Tax Receipt from the designated charity after making their donation, the Seller must contact the charity directly.  If the Seller is unable to obtain a Tax Receipt from the charity, please contact LuxAnthropy at info@luxanthropy.com.

Authentication & Brands

You have read and agree to LuxAnthropy’s Authenticity Language and acknowledge and agree that LuxAnthropy’s in-house authentication process constitutes an independent appraisal using industry-accepted practices. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assume any responsibility for any products purchased from or through the Site. Brands sold on the Site are not partnered or affiliated with LuxAnthropy in any manner.


Intellectual Property.

All content on the Site is owned by or licensed to LuxAnthropy. 

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of LuxAnthropy and our business or charitable partners. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of LuxAnthropy or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.  This includes, but is not limited to, the LuxAnthropy logo, branding, or social media content. At LuxAnthropy’s sole discretion, users who infringe on the intellectual property rights of LuxAnthropy and any of its business or charitable partners will have their user accounts and/or access to the Services removed or disabled. If you believe your own Intellectual Property rights have been violated in any way, please email info@luxanthropy.com.


Disclaimers

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. LUXANTHROPY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LUXANTHROPY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUXANTHROPY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LUXANTHROPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE SERVICES OR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


Arbitration

If a dispute arises out of or relates to this Agreement, or any concurrent and supplementary Agreements involving Consignors or Buyers, respectively, or the breach thereof, and if said dispute cannot be settled through direct discussions, the Parties agree to first endeavor to settle the dispute in an amicable manner by mediation using a process agreed upon by the Parties to this Agreement.  Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement and any concurrent or supplementary agreements, or breach thereof, shall be settled by binding arbitration in accordance with the California Arbitration Act (Cal. Code Civ. Proc. §§ 1280-1294.2).

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S)


Indemnification

You agree to defend, indemnify, and hold harmless LuxAnthropy and its affiliates, and their directors, officers, employees, parents, subsidiaries, stockholders, and agents, from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from your negligent use of the Services or Website or your breach of the Agreement, including any dispute from a third party. LuxAnthropy may elect to assume the defense and control of such claim and, in such case, you agree to cooperate with LuxAnthropy in the defense of such claim and to reimburse LuxAnthropy for all reasonable expenses and fees incurred in the course of defending such claim.


No Guarantee

LuxAnthropy does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website in instances of Force Majeure. When unforeseeable circumstances reasonably prevent our site and service from operating, we will contact you with options of deferred shipment or refund.


Taxes

You shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services.  

Severability

If any provision of this Agreement is held unenforceable, all remaining provisions of this Agreement shall remain in full force and effect.


Survival

Notwithstanding any other provision or general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Agreement.


Notices

Except as otherwise set forth in this Agreement, any notices (including requests, demands, or other communications) to be sent by one party to another party in connection with this Agreement must be in writing and delivered personally, by reputable overnight courier, or by certified mail (or equivalent service offered by the postal service from time to time) to the following addresses or as  Notice will be deemed to have been duly given as follows: (i) upon delivery, if delivered personally or by reputable overnight carrier or (ii) five days after the date of posting if sent.

Notice for LuxAnthropy should be sent to:

2934 1/2 Beverly Glen Circle

Suite #270

Bel Air, CA 90077


Non-Assignability and Non-Transferability

This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sub-licensed by you without LuxAnthropy’s express written consent. No term or provision of this Agreement is meant or intended to benefit any third party.

This Agreement represents the entire agreement and understanding between you and LuxAnthropy with respect to the terms contained herein, and it supersedes any other agreement or understanding (written, oral or implied) between you and LuxAnthropy concerning such terms. 


Governing Law

This Agreement will be governed by the laws of the State of California and applicable United States federal law without regard to conflicts of law principles and you submit to the exclusive jurisdiction of the Courts in Los Angeles County,California for all matters related to this Agreement.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.