Terms and Conditions for Vendors
We are LUXECELLENCE a curated marketplace created to support British designers, makers. or integrators Our headquarters are in 4a Cavendish Terrace, Feltham, London, TW13 4HE, U.K.
The terms here expressed apply when you become a Vendor and list items for sale on Luxecellence (https://luxecellence.com/).
We keep these terms and conditions and any related documents or policies updated.
Terms and conditions can be amended at any time, so remember to keep regularly checking them back as the latest set is the one that will apply. If you disagree with the revised terms you have the right to terminate your account with Luxecellence. Your continued access to or use of the Luxecellence curated marketplace will constitute acceptance of all the revised terms. We recommend you print a copy of the terms to keep for your own reference.
SELLING ON LUXECELLENCE
Your Luxecellence shop (a ‘Shop’) will start when you register as a Vendor in our platform and it will remain open until you decide to close it. Luxecellence shops can be closed at any time decided by the Vendor.
Luxecellence shops are not transferable or sellable to another party. They belong exclusively to the Vendor that created them.
If you are opening a Luxecellence shop as a business entity, you personally guarantee that you have the authority to bind the entity to these terms and conditions.
By setting up a Shop you must:
- be 18 years old or older
- have a valid Stripe account (https://stripe.com/en-gb)
- keep your account information (including your password) secure and private at all times.
- agree to comply with these terms and conditions and
- understand that you are responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality!
Luxecellence reserves the right to refuse service to anyone at any time, including restricting, suspending or terminating shops that breach these terms and conditions.
All the items sold at the Luxecellence curated marketplace have to be designed, made or integrated in the U.K. and as a Vendor you guarantee that you have the right to sell it.
All items have to be pre-approved by one of the members of the Approval Committee of the Luxecellence curated marketplace (Curated) before they can be sold.
By offering an item for sale on your shop, you confirm that the item complies with the terms and conditions here stipulated.
The price stated in each item listing description must be an accurate representation of the sale and cannot be less that the total cost of the product plus a reasonable profit (2 times de total cost of the product). Products which price stated appear to be too low for the characteristics and the quality of the product listed will not be approved by the Luxecellence curated marketplace.
Shops will decide their shipping cost and should charge reasonable shipping and handling fees to cover the costs for packaging, handling and posting of the items.
All sales are final and binding.
The Shop is responsible for shipping the item (items) up to the point of delivery or otherwise completing the transaction with the buyer within 21 days of the order being placed, unless the following exceptional circumstances apply:
- the buyer fails to produce a valid payment method
- the buyer fails to produce a valid delivery address
- the shop cannot authenticate the buyer's identity; or
- the item purchased includes made to order items.
Promotional codes for your Shop are valid only if they have no cash value and cannot be exchanged for money or credit.
Luxecellence does not support the drop shipping business model. Vendors thought to be running their business as a drop shippers will be removed from the marketplace without notice or prior warning.
LUXECELLENCE CURATED MARKETPLACE’S FEES AND FEATURES
All the fees charged to Vendors can be found in the registration as Vendors page and are form by:
- A setup fee between £0 and £20 independently of the subscription type.
- A monthly subscription rent depending upon the amount of products listed in the Vendor’s shop.
- A 15% commission over the final price sale, including delivery, that will include all the finacial fees charged by the financial institution that LUXECELLENCE will use for the platform.
Unless otherwise stated, all Fees are quoted and charged in UK Pounds (GBP).
If subscription fees are due, they will be taken automatically by Luxecellence from the shop’s registered Stripe account during the next 3 working days.
All Fees are inclusive of UK VAT where applicable.
Is responsibility of the Vendor to pay all the respective taxes produced from the sales in the Luxecellence curated marketplace. You should find out whether you are liable to declare such taxes to the relevant tax authorities. A valid VAT identification number is required from British shops that are VAT-registered. All shops are liable to notify Luxecellence of any change in VAT status.
It is your responsibility as Vendor to ensure that your Shop stays up to date with all fees and commissions owed to Luxecellence. If you are not up to date in fees and commissions your Vendor account may be suspended until all outstanding Fees are paid in full.
If a Vendor’s shop product inventory finishes, the shop will no longer be visible on the marketplace until the stock count becomes positive again. The monthly subscription fee will still be debited from the Vendor’s Stripe account until the account has been officially closed.
Fees may change at any time at the sole discretion of Luxecellence, but in the case of increments Luxecellence will give at least 30 days' notice to the Vendors.
In the same way, services provided by Luxecellence to its Vendors or customers may change, at its sole discretion. In case of those changes in the services affecting the Vendors these will receive a written notice, at least 30 days in advance.
In case of your shop been suspended or terminated, or if you close your account for any reason, or if the payment of Fees due cannot be completed for any reason, all unpaid fees for the shop will still be payable, all outstanding orders need to be fulfilled and Luxecellence may also apply penalties such as the suspension of privileges, interest and/or legal action.
If you have any questions about Fees, please contact Luxecellence at email@example.com.
LUXECELLENCE Intellectual Property
Luxecellence name and all its graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of Luxecellence.
You may use the “Find me on Luxecellence” badge to advertise and promote your shop in the marketplace; however Luxecellence reserves the right to ask you to remove the badge in its sole discretion if it considers the use to be unreasonable or detrimental to Luxecellence.
Luxecellence considers any suggestions, ideas, proposals or other material submitted to it by users via the marketplace or otherwise, to be non-confidential and non-proprietary and Luxecellence shall not be liable for the disclosure or use of such Material.
YOUR INTELLECTUAL PROPERTY
All the information, graphics, logos, designs, page headers, button icons, scripts, and service names added by you to your shop can be used by Luxecellence to promote the entire marketplace or specifically your shop, and are considered non-confidential. As a vendor you accept the use of all or part of the information supplied by you directly or indirectly, by Luxecellence, to help in the advertising and promotion of your shop, products or the marketplace itself.
You hereby grant Luxecellence a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and all other intellectual property rights you have in any logos, trademarks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on Luxecellence (“Content”), in any media now known or not currently known.
You grant Luxecellence a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit all the material added on Luxecellence, third party comparison sites and digital advertising (including but not limited to use on Luxecellence approved third party affiliate and/or partner websites and retargeting creative and smart display advertising and/or in web banner creative displayed on websites across the internet for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
In addition, you waive all moral rights you have in the Content and the Material to the fullest extent permitted by law.
By uploading Content to Luxecellence you promise that you own and/or have the right to use such Content and that the Content does not infringe any third-party intellectual property rights. If Luxecellence receives a complaint in respect of any Content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate Luxecellence for any loss suffered. Luxecellence reserves the right to remove any such Content immediately upon receipt of a complaint.
By posting Content on Luxecellence, it is possible for an outside website or a third party to re-post that Content. You agree to hold Luxecellence harmless for any dispute concerning this use. If you choose to display your own Luxecellence-hosted image on another website, the image must provide a link back to its listing page on Luxecellence.
Its fine for you to link to www.luxecellence.com, as long as you do so in a way that is not commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.
Our Website must not be framed on any other site without our permission.
LUXECELLENCE BEHAVIOURAL POLICIES
When you set up a shop you agree to comply with the terms, all applicable local laws regarding online conduct which includes the following Luxecellence policies which may be updated from time to time:
- Privacy Notice
- Copyright Policy
- Policy against Racism
You are solely responsible for your conduct and activities on your shop. Your shop and your use of Luxecellence must not:
- be false, inaccurate or misleading
- be fraudulent or involve the sale of forbidden, illegal, counterfeit or stolen items
- contain items that have been identified as hazardous to consumers
- include the sale or offer for sale of promotional codes for a shop or any Luxecellence website
- list any item on Luxecellence (or conclude any transaction that was initiated using Luxecellence's service) that, by paying to Luxecellence a commission fee, could cause Luxecellence to violate any applicable law, statute, ordinance or regulation, or that violates these terms, including any bribery regulations
- be obscene, defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Luxecellence staff or other users)
- modify, adapt or hack Luxecellence or modify another website to falsely imply that it is associated with Luxecellence
- link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under these Terms or other policy documents as posted on Luxecellence
You must not misuse or tamper with Luxecellence platform or other services associated with Luxecellence (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our technology, service or functionality or steal our own or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our customers the best service, so we take them really seriously. Luxecellence will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.
We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or troublemakers.
You agree to indemnify, defend and hold harmless Luxecellence, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this marketplace or your breach of the Terms and Conditions stated hereby.
Interactions with customers & other shops
You are solely responsible for how you interact with other customers and on the platform. You understand that Luxecellence does not in any way screen its Users and all Users agree to exercise caution and good judgment in all interactions with others.
Without limiting any other remedies, Luxecellence may, without notice, and without refunding any fees, delay or immediately remove Content, warn Luxecellence's community of a User's actions, issue a warning to a User, temporarily suspend a Shop, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to the Website, and take technical and legal steps to keep a user off the Website and refuse to provide services to a User if any of the following apply:
- Luxecellence suspects a User has breached these terms or other policy documents and community guidelines incorporated herein;
- Luxecellence is unable to verify or authenticate any of your personal information or Content; and/or
- Luxecellence believes that a User is acting inconsistently with the letter or spirit of Luxecellence's Behavioural Policies and/or these terms, has engaged in improper or fraudulent activity in connection with Luxecellence or the actions may cause legal liability or financial loss to Luxecellence's users or to Luxecellence.
Messaging is your way to communicate privately with other Users. Messages are primarily intended for communicating about transactions and orders that are underway. You must not:
- use messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”
- pass on email addresses or any other information on to third parties.
- spam other shops in order to ask them to ‘follow’ your own shops
- use messages to knowingly harass, threaten, blackmail or abuse another User.
- use messages to interfere with a transaction, including:
- contacting a User to buy or sell an item listed on Luxecellence outside of the Luxecellence curated marketplace (i.e. fee avoidance); or
- communicating with a User involved in an active or completed transaction to warn the User away from a particular buyer, shop or item.
Please note: as an anti-spam measure, sending too many messages too quickly may auto-disable your account. Please contact the Marketplace Team who will review account activity and enable your account if spam-free.
In the event that a Shop wishes to make a complaint against Luxecellence concerning the Website or the services provided by Luxecellence, the Shop owner can contact firstname.lastname@example.org
If Luxecellence is unable to resolve your complaint to your satisfaction, you may refer your complaint to:
The Retail ADR,12-14 Walker Avenue, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW (Tel: +44 20 3540 8063) email@example.com
Any dispute arising from or relating to the subject matter of these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Website is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
For transactions completed by Stripe, PayPal or any other payment service, Luxecellence will not make judgements regarding legal issues or claims, and all disputes related to financial transactions will ultimately be determined by the respective entity.
Should you have a dispute with one or more Users, or an outside party, you release Luxecellence (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In no event shall Luxecellence, and its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the platform, Luxecellence’s services, or these terms, including without limitation, lost profits, emotional distress, or any special, incidental or consequential damages.
Luxecellence’s liability, and (as applicable) the liability of Luxecellence’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Luxecellence in the 12 months prior to the action giving rise to liability, or (b) £200.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in these terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You agree to indemnify and hold Luxecellence and Luxecellence’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
By using Luxecellence, you agree to comply with all applicable domestic and international laws and regulations regarding your use of the platform and any of the platform’s features including the listing and sale of items via a Shop.
These terms and our dealings with you are subject to the laws of England and Wales and the exclusive jurisdiction of the courts of England and Wales.