TERMS and CONDITIONS

Terms of Service - Sales

Welcome

Welcome to the Luxbags Resale website (hereinafter referred to as the "Site"). We ask you to take the time to read these terms and conditions carefully. Unless stated otherwise herein, the relationship between Luxbags Limited (hereinafter referred to as “Luxbags”) and its Users is exclusively governed by these Terms and Conditions that are deemed read and accepted by the User. If you do not agree to these terms and conditions in their entirety, please do not use the Site.

From time to time, when you purchase products on this Site, you may receive additional guidelines, rules and policies applicable to such services and products, all of which are hereby incorporated by reference and will apply to your use of the Site.

Luxbags may from time to time amend the Terms and Conditions by posting such changes on the Site. Use by you after such changes have been posted shall constitute acceptance of such changed terms.

For the meaning of the definitions used in these Terms and Conditions, please refer to section 19.

1. Identification

Luxbags Limited a registered business in Hong Kong (company number 3235128) and is the seller of the products displayed on the Site. Luxbags Limited has its registered office at 2/F., Tern Centre, Tower 1, 237 Queen's Road Central, Hong Kong.

Luxbags’ other contact details are as follows:

• Place of business address:

• Tel: +852 3703 8500
• Mobile: +86 15360085175
• Email: luxbagsltd@gmail.com

2. Accuracy of content

Luxbags uses its best efforts to keep the information on the Site updated. However, it is not possible to guarantee the complete absence of errors on the Site. The information and other material published on this Site may include inaccuracies or typographical errors. The weights, dimensions and volumes of the products are approximate only. We have made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. However, we cannot guarantee that your screen's display will accurately reflect the colour of the product on delivery. Changes are periodically made to the information on the Site without notice to you. Luxbags reserves the right to change the Site at any time, in its discretion. Luxbags does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Luxbags shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.

All products are pre-owned (second hand) unless stated.

Images are for illustration only. Actual item design may vary or the item may carry marks unseen in the image(s).

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

Please note, however, that all product descriptions and images are for display purposes only and do not represent the finished product. Additional elements such as extra straps or a dust bag are subject to availability.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.

3. Prices

The price of the products you order is the price that is displayed on the Site at the time you confirm your order and will be confirmed on the e-mail confirmation confirming receipt of your order. All prices are in USD, inclusive of taxes and forwarding charges.

If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for the sum that has been debited from your account for the products.

4. Online Ordering

You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:

• You create your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Luxbags does sell products for children, but it sells them to adults, who can purchase with an accepted method of payment. If you are under 16, you may use the Site only with involvement of a parent or guardian. Luxbags and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
• You select your purchase
• You choose your delivery method;
• You enter the delivery address;
• You enter your billing address together with the payment information.
• You will be asked to accept the Terms and Conditions;
• Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the shipping charges.

After submitting your order, we will send you an e-mail confirming receipt of your order. At that time.

If you pay by credit card, you will receive an e-mail containing your payment status.

As soon as the goods are shipped, you will receive a notification (the "Shipping Notification E-mail"). All orders are subject to availability of the products at the time of dispatch.

We reserve the right to cancel your order for any reason.


5. Payment

Luxbags accepts payments by a valid credit card; debit card; PayPal account. Payment must be made in USD. Please refer to the Privacy Policy posted in the Site for further information regarding internet fraud and secure payment.

Luxbags retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.

6. Sale contract

No sale contract will exist between you and Luxbags until Luxbags dispatches the products. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents a binding offer by you to purchase our products. The sale will only be binding on us once we have notified you by means of the Shipping Notification E-mail that the goods have been dispatched to you.

Luxbags reserves the right to refuse an order, wholly or partially, in the following cases:

• If the product is not available;
• If your billing information is not correct or not verifiable;
• If your order is flagged up by the security systems as an unusual order or an order susceptible of fraud;
• If your bank transfer payment/reservation is not received timely;
• If we have reason to believe you are under 18;
• If we have reason to believe you are a reseller;
• If there was an error in the price quoted;
• If we could not deliver to the address provided by you;
• In the event of force majeure.

7. Delivery restrictions - country of delivery

• Care of PO Box addresses and military APO addresses are not accepted.
• Saturday Premium Delivery is available at a surcharge
• We deliver to all countries that are not subject to any trade sanctions imposed by the U.S., EU and/or UN.

8. Delivery

We ship worldwide, and all orders are dispatched within 2 working days.

We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation to the User. Such timescales are not guaranteed delivery times and should not be relied upon. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be recovered from the User.

All goods will be dispatched from Luxbags. If your product is not delivered within the specified timescale, please contact us with your order reference. You may then treat the sale contract as at an end and request a full refund for the relevant products as your only remedy. You may also specify a new delivery period that is appropriate in the circumstances and require Luxbags to deliver the products before the end of that period; and then, if Luxbags does not deliver in that extended period you may treat the sale contract as at an end and request a full refund for the relevant products.

We only ship via a professional courier. We always require someone to sign off for delivery. You accept that a delivery is signed-off for by a person other than the User, provided that such person is present at the indicated address and an adult of 18 years or over. If there is no one present at the time of delivery, you will be asked to contact our courier service to arrange an alternative delivery date.

9. Defective product or wrong delivery

You must check whether your shipment is correct upon delivery. If there are discrepancies or problems with your order, please follow the returns procedure described under clause 10 below, but for faulty goods or goods being returned due to our error we will also refund any cost incurred in returning the item. Subject to availability, we will send you a new Shipping Notification E-mail and we will automatically and immediately ship to you at our own costs the correct replacement product. All items  unless stated otherwise are sent on a Next Working Day Service and you must inform us of any delivery issues with in 72 hours of receiving confirmation of your shipment. 

10. Return Form

Please follow the procedure described in this clause 10 below if you are to return any products under clause 9 above or as a result of incorrect products being delivered or in any other circumstances that Luxbags agrees with you for a return to be made.  You must notify us of your return with in 7 days of receiving the item for your return to be accepted. You may also use this process for the statutory withdrawal/cancellation mentioned in clause 11.

Only goods purchased online on the Site can be returned. Luxbags will not be responsible for any costs relating the return of items. 

11. Distance selling – right of retraction/cancellation

You have no right of retraction/cancellation for the supply of goods made to your specifications or clearly personalized.

Right to cancel

You have the right to retract/cancel from the sale contract within 14 days without giving any reason.

The retraction/cancellation period will expire: (i) after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the products; or (ii) in the case of a sales contract relating to multiple products ordered by you in one order and delivered separately, after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products.

To exercise the right of retraction/cancellation, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

You may use the model cancellation form but it is not obligatory. You can also electronically fill in and submit any other clear statement on our website using the return form (and we encourage you to use the return form for more efficiency in processing the retractions/cancellation). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you retract/cancel from the sale contract, we will reimburse to you all payments received from you, including the cost of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery recommended by us).

We make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling from you.

We will make the reimbursement without undue delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

You should return the goods to us in the manner directed by us. Risk of loss and title for goods remains with the customer until received by Luxbags. This means that such risks pass to us only on delivery to us, by the carrier. Luxbags recommends the use of an insured/traceable method of transit for goods being returned to us.

All items will be despatched to you bearing a Quality Control label. Once removed, the goods will be deemed to have been accepted by you and not eligible for return or the order cancelled. This does not affect your statutory rights as a consumer.

12. Limitation of Liability

The terms and conditions of this sale contract do not affect your statutory rights. We will not be liable for any damages (including without limitation loss of profit or loss of use) arising out of your use or delay or inability to use our Site, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence or wilful misconduct.

We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the sale contract for:

(a) any losses which are not foreseeable by both parties to the sale contract at the time such sale contract is formed arising in connection with the supply of the products and related service or their use by you;

(b) any losses which are not caused by any breach by us;

(c) business or trade losses.

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.

Our entire liability in connection with the sale contract will not exceed the current market value of the goods in question.

Luxbags is under a legal duty to supply the ordered products that are in conformity with the sale contract.

REGISTRATION

You warrant that:

• The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the personal information by contacting us.
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

INDEMNITY

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

13. Warranty

Consumers are entitled to the legal warranty. It covers lack of conformity of the goods at the time of the delivery. Luxbags undertakes to replace or repair the concerned goods (or parts) free of charge. Luxbags reserves the right to exchange the article if the costs for a repair are disproportionate, or if a repair is impossible. The consumer has the burden of proof to show that defects that appear after a period of 6 months following delivery were in place at the time of delivery.


14. Questions, complaints, comments or service contact

If you have any questions, or if you have technical problems in accessing information on our Site, please contact: luxbagsltd@gmail.com

15. Use limitations and intellectual property rights

 

Please note that we are a reseller and we make no claims to have any association and/or affiliation with the brands. Trademarks of the designer brands we offer are owned by their respective brand owners.

You are not allowed to use or reproduce any such trademarks or trade names as this may constitute an infringement of the holders' rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Luxbags or its suppliers. You are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. You are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Luxbags’s prior written consent.

Luxbags grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Luxbags. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Luxbags. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Luxbags and our affiliates without express written content. You may not use any meta tags or any other "hidden text" utilizing Luxbags’s name or trademarks without the express written consent of Luxbags. Any unauthorized use terminates the permission or license granted by Luxbags. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Luxbags so long as the link does not portray Luxbags, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Luxbags logo or other proprietary graphic or trademark as part of the link without express written permission.


16. Use of information and suggestions by you regarding this Site

In the event you provide to Luxbags or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Luxbags conducts its business, or the operation of the Site, Luxbags reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. You hereby grant to Luxbags a non-exclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Luxbags of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by the Site's Privacy Policy , discussed below.

17. Use of your suggestions to Luxbags regarding new products, features or processes

(a) A submission will not in any way establish a confidential relationship nor will it place Luxbags in the position of receiving a submission in trust and Luxbags shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.

(b) Luxbags shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.

(c) No obligation is assumed by Luxbags or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Luxbags and by you, and then Luxbags’s obligations shall be only as expressed in that written agreement.

18. Privacy Policy

We consider your privacy as very important and we want to be sure you are aware of and agree with the way in which we may use your personal information. You can find our Privacy Policy on the Site. By placing an order on the Site you consent to the collection, use and transfer of your personal data under the terms of the Privacy Policy.

19. Definitions

Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:

• Terms and Conditions: these terms and conditions and all its additions or updates.
• Product: product displayed for sale on the Site
• Product description: that part of the Site wherein certain terms and conditions in respect of the individual product are provided
• Personal information: the details provided by you
• Luxbags/We/Us: Luxbags Limited - a limited liability company is a registered business in Hong Kong (company number 3235128) and is the seller of the products displayed on the Site. Luxbags Limited has its registered office at 2/F., Tern Centre, Tower 1, 237 Queen's Road Central, Hong Kong.
• You: the customer
• Affiliates: any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with Luxbags which compensates the affiliate for transactions resulting from business directed to Luxbags website by the affiliate.
• Order: the result of the ordering process as described in article 4 of the Terms and Conditions.
• User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order.
• Shipping Notification E-mail: electronic notification containing details of shipping means and timings.
• Site: a collection of webpages grouped together under the address of http://www.luxbagsresale.com

20. Governing law

Any dispute regarding the validity, the interpretation and/or the execution of the Terms and Conditions is solely governed by the laws of Hong Kong. This clause does not affect your statutory rights. The User agrees that in the event of a dispute with respect to the use of the Site, electronic evidence (e.g. e-mails, back-ups, etc.) can be used as valid evidence.

If any of the Terms and Conditions may be declared null and void or not applicable, the other terms and conditions will remain valid and the portion declared null and void will remain applicable within the boundaries set by law.

21. Entire Agreement

These Terms and Conditions supersede all prior terms applied with the User.

For any questions, remarks or technical issues with respect to this Site, please contact us.

These terms and conditions were last updated on 27th February 2023.