LUXURY BAZAAR TERMS AND CONDITIONS
Luxury Bazaar is hereinafter referred to in these Terms and Conditions as Luxury Bazaar, Company, and we.
PLEASE READ THESE TERMS AND CONDITIONS (TERMS AND CONDITIONS) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCESSING OR USING OUR WEBSITE OR BY PURCHASING A WATCH OR OTHER ITEM FROM US THAT WAS ADVERTISED ON OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
1. POLICIES, TERMS AND CONDITIONS. By accessing or using our website at www.luxurybazaar.com and any other websites we own or operate from time to time (collectively, our Website), you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions (Terms and Conditions) and our Website Use/Purchase Policies (Policies). We reserve the right to add, delete, modify, or otherwise alter any or all of our Terms and Conditions and Policies at any time without further notice, at our sole discretion. It is your responsibility to check our Website to determine the then-current Terms and Conditions and Policies to which you are bound. If you do not agree to abide by these or any future Terms and Conditions or Policies, do not use or access, or continue to use or access, our Website.
2. SITE CONTENT. You acknowledge that our Website contains information, data, data compilations, software, photographs, typefaces, text, graphics, sounds, images, and other material (collectively, Content) that are the property of Luxury Bazaar or other third parties, and that such Content is or may be protected by United States and/or international copyright, trademark and other intellectual property laws. You may not use, reproduce, distribute, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof. However, you have our permission to view, electronically copy and print hard copies of Content which is owned by us solely for personal, non-commercial purposes related to placing an order or shopping with us.
3. LUXURY BAZAAR PROPERTY AND IP RIGHTS. The Luxury Bazaar name and logo, pictures, graphics, as well as our Website itself are protected by copyright, trademark, trade dress and/or other intellectual property laws (Intellectual Property). You may not use our Intellectual Property without our prior written consent.
4. THIRD PARTY PROPERTY AND IP RIGHTS. Our Website may contain Content and other Intellectual Property owned by third parties or protected by copyright, trademark and other intellectual property rights of third parties (Third Party Property). We do not independently verify the business practices of these third parties, and we make no representations and warranties regarding any Third Party Property. The availability of any link or reference of any third party shall in no way constitute an endorsement by us of such third party or by such third party of us.
We are not an authorized dealer of any brand name watch manufacturer, and we are not affiliated with any such manufacturers, their authorized dealers or distributers or owners of Third Party Property. As such, we disclaim any and all proprietary interest in Third Party Property unless otherwise stated in writing.
5. ERRORS AND INACCURACIES. Our goal is to provide accurate and up-to-date information on our Website. However, our Website may contain typographical mistakes, inaccuracies, errors or omissions, and some information may not be complete or current. We reserve the right to correct any mistakes, inaccuracies, errors or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We will not be liable to you for any mistakes, inaccuracies, errors or omissions on our Website.
6. DISCLAIMER OF WARRANTIES. Unless expressly stated in our Watch Warranty Policy, we disclaim all representations and warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement in respect to our Website, watches and other items we sell. You expressly understand and agree that your use of our Website is it at your sole risk and that our Website is provided on an as is and as available basis. No advice or information, whether oral or written, obtained by you from us or our Website shall create any warranty not expressly stated in the Watch Warranty Policy or in these Terms and Conditions.
7. LIMITATION ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUXURY BAZAAR AND/OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, EMPLOYEES, CONTRACTORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, COMPANY PARTIES) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OF OUR WEBSITE OR YOUR PURCHASE OF A WATCH OR OTHER ITEM FROM US, EVEN IF COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY PARTIES ARISING FROM: (I) ANY DISPUTE BETWEEN YOU AND COMPANY PARTIES REGARDING THE PURCHASE OF A WATCH OR OTHER ITEM SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE WATCH OR ITEM WHICH IS THE SUBJECT OF THE LOSS OR DISPUTE; AND (II) ANY OTHER MATTERS (INCLUDING, BUT NOT LIMITED TO, ERRORS, OMISSIONS, BREACHES OF POLICIES, TERMS AND CONDITIONS, ETC.) SHALL BE LIMITED TO ONE THOUSAND DOLLARS (US$1,000.000). THIS LIMITATION OF LIABILITY APPLIES WHETHER CLAIMS ARE BROUGHT UNDER THE LEGAL THEORIES OF BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTS, STRICT PRODUCT LIABILITY OR OTHERWISE.
8. GOVERNING LAW, VENUE AND FORUM. By visiting or using our Website or by purchasing any item from us, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms and Conditions, our Policies, any purchase and sale transaction between you and us and any dispute arising from any of the foregoing. You consent and agree that any dispute between you and us shall be litigated exclusively in the United States District Court for the Eastern District of Pennsylvania or the state courts located in Bucks County, Pennsylvania. You hereby irrevocably consent to the exclusive venue and jurisdiction of such Pennsylvania courts, and agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses available to you, including, but not limited to, inconvenient forum.
9. ELECTRONIC COMMUNICATIONS. When you visit our Website or communicate with us electronically by sending e-mails, you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. USE BY INDIVIDUALS UNDER 18 PROHIBITED. We require that the use of our Website and all purchases be made by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT FROM US, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.
11. INDEMNIFICATION. You agree to defend, indemnify, and hold Company Parties harmless from any and all costs, expenses and losses (including reasonable attorney fees, court costs and travel expenses) incurred as a result of your violation or breach of any of our Policies, Terms and Conditions or other agreements in respect to your use of our Website or purchase of watches or other items from us.
12. ENTIRE AGREEMENT; HEADINGS. These Terms and Conditions, our Policies and our written agreements, contracts or documents regarding your purchase of any items from us, shall constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or discussions. The section headings used herein are for convenience only and shall not be given substantive effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision in that or any other instance.
13. SEVERABILITY. If any provision of these Terms and Conditions are held invalid, the remainder of these Terms and Conditions shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions, and the unlawful, void or unenforceable provision shall be reformed to be lawful, valid and enforceable to the maximum extent permitted by law.
14. EQUITABLE REMEDIES. You acknowledge that any breach of your obligations under these Terms and Conditions may cause irreparable harm to us for which there is no adequate remedy at law, and as a result, we, in our sole discretion, and in addition to any other remedies available to us, may bring an action or actions for injunctive relief, specific performance or both, and have entered a temporary restraining order, preliminary or permanent injunction, or order compelling specific performance.