Terms of service

Terms of Service

The contents of the “Terms and Conditions” are an agreement between Add Luxure Online Retail Private Limited and the "customer" executed on the date of the first or every transaction. The use of Add Luxure website and/or the purchase of goods/services offered by Add Luxure on Add Luxure.com or any other marketplace where Add Luxure displays its offers explicitly constitutes the acceptance of "Terms and Conditions" by you, the "customer". Please read them carefully. In addition, when you use any current or future Add Luxure.com service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Add Luxure.com, whether or not included in the Add Luxure.com web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Add Luxure. By using the shopping services of Add Luxure you agree to be bound by these terms and conditions. All products/services and information displayed on Add Luxure constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Add Luxure reserves the right to accept or reject your offer at any time or under any circumstances.  

Definitions

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.  

"Add Luxure.com" / "Add Luxure" / "website" means the online shopping platform and the services provided by it and its affiliates, which provides a venue / platform to the Users of Add Luxure to buy the products listed on Add Luxure.com. "Vendor" / "seller" /"affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the Add Luxure platform / website."Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Add Luxure by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc. 

Electronic Communication

When you visit Add Luxure or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Add Luxure has made this service available to use as a matter of convenience. Add Luxure expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Add Luxure also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Add Luxure does not warrant that this site, its servers, or e-mail sent from Add Luxure are free of viruses or other harmful components.

Add Luxure will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 

The Service(s) of Add Luxure is provided on an "as is" basis without warranties of any kind, whether express or implied. Add Luxure does not represent or warrant maintaining the confidentiality of information; although Add Luxure's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor. Add Luxure does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.  

Add Luxure will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. 

Add Luxure assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
• ·Any interruption or errors in the operation of the Website. You expressly understand and agree that Add Luxure shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages  including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Add Luxure has been advised of the possibility of such damages)

User agrees and acknowledges that User shall be solely responsible for User's conduct and that Add Luxure reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Add Luxure, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Add Luxure sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement. 

Add Luxure therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

Add Luxure shall not be liable for any delay / non-delivery of purchased goods, due to flood, fire, wars, acts of God or any cause that is beyond the control of Add Luxure. In no event shall Add Luxure, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Add Luxure will not be liable for any credit/debit card fraud because of the card being used fraudulently. The 5 liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User. 

Use of the Add Luxure website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Add Luxure website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Add Luxure website and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the Add Luxure website or can use the Add Luxure website as a Guest User. Add Luxure reserves the right to terminate your registration and refuse to provide you with access to the Add Luxure website if it is brought to Add Luxure notice or if it is discovered that you are under the age of 18 years. 

Trademark 

The logo / image of Add Luxure on the home page of the website & other pages and as used in the communication to the User is registered by Add Luxure and cannot be used or communicated or distributed without the specific and written permission of Add Luxure. 

License and Site Access: Add Luxure 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 in case Add Luxure gives consent for the same. 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 6 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 Add Luxure. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Add Luxure.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Add Luxure's name or trademarks without the express written consent of Add Luxure. Any unauthorized use terminates the permission or license granted by Add Luxure. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Add Luxure as long as the link does not portray Add Luxure, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Add Luxure logo or other proprietary graphic or trademark as part of the link without express written permission.

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 also you agree to accept responsibility for all activities that occur under your account or password. Add Luxure does sell products for children, but it sells them to adults, who can purchase with a credit/debit card or otherwise. If you are under 18, you may use Add Luxure only with involvement of a parent or guardian or otherwise, Add Luxure has the right to cancel any order or service to the User. Add Luxure and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Add Luxure and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

Reviews, Comments, Communications, and other

Contents Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Add Luxure reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. 

Claims against Objectionable Content

Add Luxure.com website displays hundreds of products for sale across country on the website and hosts many thousands of comments, it is sometimes not possible for us to be aware of the contents of each product listed for sale or each comment or review that is displayed. Accordingly, Add Luxure.com operates on a "notice and takedown" basis. If you believe that any product or content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or products that require special documentation/prescription or products and content that are restricted for sale/distribution or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or 8 which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content :

If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined above, please notify us immediately by copying the Notice to Add Luxure.com of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF or a soft copy to the addresses.

Please note that this procedure is exclusively for notifying Add Luxure.com of Objectionable Content on or advertised for sale on the Add Luxure.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us. Important Warning: Giving false, misleading or inaccurate information in the Notice to Add Luxure.com may result in civil and/ or criminal liability. 

Suspension due to Non-Compliance with Agreement

Notwithstanding other legal remedies that may be available to Add Luxure, Add Luxure may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:

• ·The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Add Luxure
• ·The user has provided wrong, inaccurate, incomplete or incorrect information
• ·The user attempts to defraud Add Luxure by using the functionalities on the website
• ·Your actions may cause any harm, damage or loss to the other Users or Add Luxure
• ·Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Add Luxure site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress

Risk of Loss

All items purchased from Add Luxure are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer. 

Pricing

Except where noted otherwise, the Selling Price/MRP/MOP/List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price may represent "open-stock" prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be 10 applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website. 

Indemnity

You shall indemnify and hold harmless Add Luxure, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party. 

Data Protection

Add Luxure may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy.

Force M ajeure

Add Luxure shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause. 

Arbitration

If any dispute arises between you and Add Luxure during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Add Luxure. The place of arbitration shall be Mysuru(Mysore), Karnataka. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Applicable law

The laws of India shall apply and courts in Mysuru(Mysore), Karnataka shall have jurisdiction in respect of all the terms, conditions and disclaimers. Add Luxure reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein. 

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.