Haute Secret Shoppers x LUXCLUSIF

Terms and Conditions

These terms and conditions (the “Terms and Conditions”) set out the legal terms that apply to your use of this website (the “Website”) and the other services which we provide, including our Trade-In Program (the “Services”).

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services and engaging with the Trade-In Program you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services, and you should leave the Website immediately. If you continue to use the Website or if you engage with the Trade-In Program in any way, we will take this as your acceptance of these Terms and Conditions.

Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the “Definitions” section of these Terms and Conditions.

When we refer to “Luxclusif“, “we“, “us“ or “our“, we mean LUXIS BALTIC OÜ t/a Luxclusif or, where relevant, its affiliates. Where we refer to “you“ or “your“ we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).

About us

We are LUXIS BALTIC OÜ t/a Luxclusif and, along with certain of our affiliates, we operate the Website. LUXIS BALTIC OÜ is a private limited company, registered in Estonia under registry code 12824968, which is a wholly owned subsidiary of Upteam Co. Ltd, a company registered in the Philippines.

Our services

The services we offer you allow you to submit a Product (as defined below) to the Trade-In Program, for our purchase. Once we receive your Submission (as defined below), we will evaluate the information you have provided, and if we wish to, we will make you an offer to purchase your Product- (the “Offer Price”). If you accept such Offer Price, we will work with you to have the Product sent to our facilities for physical checks. To this end, we’ll ask you to organise a collection of your Product using our Nominated Courier Company. Once we receive your Product, we will carry out the relevant Valuation and Inspection checks. If your Product passes our Valuation and Inspection checks, we will then purchase your Product for the Offer Price, which we’ll transfer in cash to your nominated bank account. Title and legal ownership of the Product will pass to us on the date we send you a Purchase Confirmation Email.

You must be over 18 years of age and be located in the United States, United Kingdom or Europe (as defined in section 1 below) to use our Services.

1. Definitions

1.1 The following definitions apply to these Terms and Conditions:

“Address“ means the address you specify on the Submission Form as the location (i) from which the Product can be picked up by the Nominated Courier Company; and (ii) to where we can return a Product to you if required.

“Collection Information“ means the Address and the collection date/time you select for Collection.

“Collection“ means the collection of your Product from the Address.

“Brands“ means the brands listed in section 17 of these Terms and Conditions.

“Business Day“ means a day where banks are open for business in the United Kingdom, the United States and/or Europe (depending on your location).

“Europe“ means the European Union Member States and Switzerland, Monaco and the European microstates;

“Inspection and Valuation checks“ means the courier company we are partnering with to provide the Services, as specified on the Shipping Label.

“Offer Email“ means the email sent to you detailing whether we have decided to make you an offer to purchase the Product and if so, the Offer Price for the Product.

“Offer Price“ means the price we are offering you, in consideration of the Product.

“Product“ means the product you are offering for sale, as identified in a Submission Form.

“Purchase Confirmation Email“ means the email we’ll send to you to confirm that (i) your Product has passed the physical Inspection and Valuation checks; and (ii) we will purchase your Product at the Offer Price communicated to you in the Offer Email.

“Shipping Label“ means the label we send to you via email, which needs to be affixed to the package you are using to send us your Product.

“Submission Form“ means the electronic form available on the Website, which must be used by you to submit a Product to the Trade-In Program, detailing your contact information, your Address, and all relevant Product information, as further detailed in section 2 of these Terms and Conditions.

“Terms and Conditions“ means these Terms and Conditions.

“Trade-In Program“ means the trade-in program we operate, as detailed on the Website.

“United Kingdom“ means the United Kingdom of Great Britain and Northern Ireland.

“Unites States“ means United States of America, and its territories or possessions.

“Website“ means https://tradein.luxclusif.com/, together with any subdomains.

2. Your submission

2.1 If you wish to submit a Product for sale, you must complete the Submission Form available on the Website. The Submission Form will require you to provide the following information:

(a) your full name;

(b) your contact details including your email address and Address. Please note that we will only be able to accept Products from you if you are based in the United States, United Kingdom and /or Europe;

(c) details of the Product, including but not limited to the Product’s brand, style, condition and size; and

(d) images of the Product depicting the complete Product and its condition, including images illustrating specific characteristics, any damage, flaws or marks.

2.2 By submitting a Submission Form, you warrant and represent to us that you own the Product or that you have the relevant authorisations or permissions to sell the Product and that all the information included in the Submission Form:

(a) is true, accurate, current and complete;

(b) does not infringe the rights of any third party;

(c) does not contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy;

(d) does not contain any content which is obscene or pornographic (including child pornography); and

(e) does not violate any applicable laws, statutes or regulations.

2.3 Once you complete and submit the Submission Form via the Website, it will be automatically sent to us for our review.

3. Our offer

3.1 Once we receive your Submission Form, we will review the information and the images you have provided and carry out a virtual valuation of your Product. Once this review is complete, we will either: (i) offer to purchase your Product by sending you an Offer Email which details the Offer Price; or (ii) reject the Product.

3.2 If we have made you an offer, the Offer Price shall be final, and we will not accept any counteroffers made by you.

3.3 You will have fourteen (14) days, commencing on the date you received the Offer Email, to accept or reject the Offer Price. If you wish to accept the Offer Price, you will have to indicate to us that you wish to accept via the email you will receive. Once you have accepted the Offer Price, such acceptance shall be deemed final.. You will not be able to withdraw the Product and cancel the process once you have accepted the Offer Price. However, subject to section 5.2 we are entitled to withdraw our offer if your Product does not pass the physical Inspection or Valuation checks.

3.4 If you do not accept the Offer Price within fourteen (14) days of receipt of the Offer Email, the Offer Price shall automatically lapse, and the submission shall be treated as cancelled. The Offer Price will no longer be available after this date.

3.5 If you change your mind and wish to accept the Offer Price after we have withdrawn the Offer Price, you will need to resubmit a Submission Form and the process shall start again.

3.6 We shall not be bound by any Offer Price made to you and we reserve the right (at our discretion) to offer a different Offer Price for any future submissions.

3.7 We may not be able to provide an Offer Price for a Product in certain circumstances and if this is the case, we shall communicate this to you via email. Circumstances in which we may not be able to make an offer shall include, but not be limited to:

(a) incomplete information on a Submission Form;

(b) being unable to determine the authenticity of the Product;

(c) the condition of the Product is not suitable;

(d) the Product is from a brand we don’t currently accept; please refer to the list of brands specified in section 17 of these Terms and Conditions.

(e) the Product has any type of personalization or customization;

(f) the Product is not a handbag (we are currently only accepting handbags);

(g) the Product is not a style we are currently accepting; and/or

(h) the Product is based outside the United States, the United Kingdom or Europe.

4. Collection of your product for physical inspection & valuation

4.1 If you accept the Offer Price, you will be asked to send your Product to us for physical Inspection and Valuation checks so that we can ensure that the Product matches the description provided by you in the Submission Form and that it is authentic.

4.2 You will be sent an email asking you to select a date and time for Collection from your Address. Once selected, we will provide the Collection Information to the Nominated Courier Company and confirm to you via email that a Collection has been scheduled and confirmed. We will then send you a Shipping Label via email which must be used to send your Product to us, as detailed below.

4.3 You may re-schedule a collection up to three (3) times if required. You’ll find details on how to reschedule in the email we send you.

4.4 Collection and transport of your Product to us is free of charge, however, you will have to prepare the Product for collection in accordance with our instructions which shall be provided to you via email. This means you will need to use your own packaging and print the Shipping Label to affix to the package containing the Product.

4.5 We will not be responsible for any damage caused to your Product due to improper or unsuitable packaging.

4.6 When packaging your Product you will be responsible for ensuring that:

(a) the Product and all other associated materials mentioned in the Submission Form (including, but not limited to, dust bags, authenticity document and additional accessories accompanying the Product) are included in the package. In the event your Product is received without the additional items referred to in the Submission Form, we shall deem the Product to be unfit for purchase and we shall return the Product to you at our own cost. Please do not include any items not referenced in the Submission Form; we will not be responsible for such items, and we will only return them at your own cost.

(b) the Shipping Label is properly affixed to your package;

(c) you hand the Product to our Nominated Courier Company (as stated on the Shipping Label).

4.7 We are not responsible for any Products which are sent to us using a different courier service and any cost associated with such Products, as well as the risk, loss or damage to your Product shall be borne by you.

4.8 Following the Collection of your Product, you will be provided with a tracking number. You can use this tracking number to contact our Customer Services in case you have any questions about your Product whilst in transit.

4.9 Once your Product is picked up by the Nominated Courier Company from the Address, risk to the Product passes to us and we shall be responsible for the Product during transit, subject to your compliance with the obligations specified in this section 4.

4.10 If you fail to be present for a Collection at the Address on the date and time required, we will ask you to reschedule the Collection. We shall facilitate a re-collection up to three (3) times. If Collection is unsuccessful three (3) times, the Offer Price shall automatically be withdrawn and our offer to purchase the Product will lapse. If you still wish to sell your Product once the Offer Price is withdrawn, you will have to re-submit the Product for our consideration by submitting a new Submission Form. As specified in section 3.6, we reserve the right to offer you a different Offer Price if you re-submit a Product.

4.11 If we need to return the Product to you for any reason, we shall contact you via email to notify you of the return, and return the Product to the Address. Our responsibility for the Product shall cease upon delivery of the Product to the Address. Should you provide any delivery instructions to the Nominated Courier Company during the return process, you shall be responsible for the same and we will not be responsible or liable for any damage or loss of the Product thereafter.

5. Our purchase of the product

5.1 Once we receive the Product, we will carry out Inspection and Valuation checks. If your Product passes the checks, we shall send you a Purchase Confirmation Email confirming that we wish to purchase your Product.

5.2 If, following the Inspection and Validation checks, we deem (in our sole discretion) that the Product’s condition is different to the one conveyed in the Submission Form, or of a condition which is not suitable, the Product will be deemed unfit for purchase, and it shall be returned to you at the Address via the Nominated Courier Company, at our cost.

5.3 We will notify you via email of the date and time that you should expect delivery of your Product. Our responsibility for the Product shall cease upon delivery of the Product to the Address. Should you provide any delivery instructions to the Nominated Courier Company during the return process, you shall be responsible for the same and we will not be responsible or liable for any damage or loss of the Product thereafter.

5.4 If you are not available at the suggested date/time (and you have notified us of this via email) or if delivery of the Product is not possible, we will store the Product, at our risk, for a period of one (1) month from the date the Product is received at our facilities. During this period, we will use best efforts to contact you and arrange return of your Product. Any Product which has not been claimed during this one (1) month timeframe, will, where necessary, be donated to charity, if its condition so permits.

6. Payment for the product

6.1 Within five (5) business days of your Product passing the Inspection and Validation checks (as confirmed to you via email), we will pay you a sum equal to the Offer Price, by transmitting such amount to your nominated bank account.

6.2 Please ensure that the bank details you provide to us are correct. Once we process payment to your nominated bank account, you acknowledge that we have fulfilled our obligation to make payment.

6.3 We are under no obligation to verify the bank details you provide, and you accept full responsibility for any incorrect details.

7. Representations and warranties

7.1 In addition to the representations and warranties you provided in section 2 above, you warrant and represent to us that:

(a) you are over eighteen (18) years of age;

(b) you have all legal rights, title and interest to sell the Product you submit to the Trade-In Program and that the Product is free of all liens and encumbrances;

(c) the Product is authentic and not counterfeit;

(d) the Product is not stolen and/ or has not been acquired by fraudulent means;

(e) the Product does not infringe any third-party intellectual property rights;

(f) all exotic skin products listed have CITES certification. We will not allow the submission of exotic skin unless permitted according to CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) and IUCN (International Union for Conservation of Nature).

(g) the Product is in a clean and hygienic condition, unsoiled and free of any infestations.

7.2 For the avoidance of doubt, attempting to sell counterfeit (fake) products or products which breach clause 7.1f), will amount to breach of the warranty set out in clause 7.1

8. Disclaimer of warranties & limitation of liability

8.1 Disclaimer. You are solely and fully responsible for your use of the Services. You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services (including, without limitation, any third party materials, third party software or services) are provided to you on an “as is” and “as available” basis, with all faults and without warranty of any kind, and we hereby expressly disclaim all warranties and conditions with respect to the Services (including the use, performance and support thereof), either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, title or non-infringement of third party rights, interference with enjoyment, completeness, integration, freedom from defects or disabling devices, uninterrupted use and all warranties implied from any course of dealing or usage of trade. No oral or written information or advice given by us or our authorized representatives shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.

8.2 Limitation of liability. To the extent not prohibited by law, you agree that, in any event, we will not be liable (a) for damages of any kind, including direct, indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the services), however caused and under any theory of liability, whether under these Terms and Conditions or otherwise arising in any way in connection with the Services or your participation in the Trade-In Program and whether in contract, strict liability or tort (including negligence or otherwise) even we have been advised of the possibility of such damage, or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these Terms and Conditions or the delivery, use or performance of the Services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. Our total liability to you for any damages finally awarded shall not exceed the Offer Price relevant to the Product giving rise to such liability. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8.3 Essential Terms. You agree that the above limitations of liability, together with the other provisions in these Terms and Conditions that limit liability, are essential terms of these Terms and Conditions and that we would not be willing to grant you the rights set forth in these Terms and Conditions but for your agreement to the above limitations of liability. You are agreeing to these limitations of liability to induce us to grant you the rights set forth in these Terms and Conditions.

8.4 Indemnification. By entering into these Terms and Conditions and using the Services, you agree that you shall defend, indemnify and hold us and our licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms and Conditions or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services, (d) the Product, including but not limited to any allegations or findings that the Product is counterfeit; or (e) your negligence or willful misconduct.

8.5 Please note that we only provide the Website for domestic and private use and as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.6 ou shall not have any remedy in respect of any untrue statement (whether written or oral) upon which you have relied in entering into this agreement, and we shall not be liable to you, other than subject to the express terms of this agreement. Nothing in this paragraph shall exclude or limit our liability for fraudulent misrepresentation.

9. Intellectual property rightsy

9.1 We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use only.

9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.4 Our status as the authors of content on the Website must always be acknowledged.

9.5 You must not use any part of the Website for commercial purposes without obtaining a licence to do so from us.

9.6 If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Governing law, jurisdiction & arbitration agreement

10.1 If you are located in the United States:

10.1.1 these Terms and Conditions, Services, as well as all other aspects of any transaction contemplated by these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.

10.1.2 any dispute or claim between you and us relating in any way to these Terms and Conditions, as well as all other aspects of any transaction contemplated by these Terms and Conditions, including but not limited to your use of the Services or Website or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise.

10.1.3 judgment on the award may be entered in any court having jurisdiction. If either us or you brings any action or proceeding relating to any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs) to the extent allowed under the law, from the other party. The term “prevailing party” means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment.

10.1.4 the Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.

10.1.5 if for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuses of intellectual property rights.

10.2 If you are located in the United Kingdom or Europe:

10.2.1 these Terms and Conditions and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and the exclusive jurisdiction of the English courts.

10.2.2 each party irrevocably agrees that the courts of England will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

11. Notices

11.1 Any notice required to be given under this agreement shall be deemed validly served by hand delivery, by email, or by prepaid registered letter sent through the post to its address referred to in this agreement, which in (i) our case, shall be (a) if you are located in the United States: FARFETCH UK LIMITED C/O The Legal Department, 285 Madison Avenue, New York, NY 10017 with a copy to C/O The Legal Department, 4th Floor, The Bower, 211 Old Street, London EC1V 9NR, United Kingdom or such other address as may from time to time be notified for this purpose and (b) if you are located in the United Kingdom or Europe: The Legal Department, 4th Floor, The Bower, 211 Old Street, London EC1V 9NR, United Kingdom ; and (ii) your case, shall be the email address you specify on the Submission Form.

11.2 Any notice served by hand shall be deemed to have been served at the time of delivery, any notice served by email shall be deemed to have been served at the time of transmission where such transmission is on a Business Day (or otherwise at 0900 on the next Business Day after transmission), and any notice served by prepaid registered letter shall be deemed to have been served 48 hours after the time at which it was posted (or 10 days after the time at which it was posted, if overseas). In proving service, it shall be sufficient to show that the notice was properly addressed and delivered or posted, as the case may be.

12. Third party rights

12.1 This agreement is made solely for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.

13. Force majeure

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes, pandemics or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

14. Entire agreement

14.1 These Terms and Conditions and any document expressly referred to in them constitutes the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

15. Waiver

15.1 A waiver of any right under these Terms and Conditions is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

16. Severance

16.1 If any provision of these Terms and Conditions is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If the invalid, illegal or unenforceable provision could be amended or deleted to make it valid, legal and enforceable, appropriate.

17. Eligible brands

17.1 Products from the following brands shall be accepted to the Trade-In Program: ALAÏA, Alexander McQueen, Alexander Wang, Balenciaga, Balmain, Bottega Veneta, Bulgari, Burberry, Celine, Chanel, Christian Louboutin, Delvaux, Dior, Dolce & Gabbana, Fendi, Givenchy, Goyard, Gucci, Hermès, Jacquemus, LOEWE, Louis Vuitton, Marni, MCM, Miu Miu, Mulberry, Off-White, Prada, Saint Laurent, Salvatore Ferragamo, Stella McCartney, Telfar, The Row, Tom Ford, Valentino, Versace