Returns & Exchanges
At Luxemi, we want to make sure you absolutely love your purchase. That’s why we offer a convenient return policy for all apparel items, allowing you to make returns for up to 30 days from your date of receipt. To qualify for return merchandise must be unworn, unaltered, undamaged and unwashed with the original tags still attached. In the event you wish to return your purchase, please follow these steps. Securely repackage the item in the box it originally arrived in and include the invoice that came with your purchase. Please email us at email@example.com and we will send you a pre-paid shipping label for your convenience. Before you affix the prepaid label to the box, make sure to cover or remove any original mailing address labels or carrier barcodes. Then, drop off your package at any U.S. Postal Service Mailbox (the blue ones!) or at your post office and you’re done! You can also visit www.usps.com/pickup to arrange for a free pickup.
Make sure to keep the top portion of the prepaid shipping label for your records and to track your package. We will notify you via e-mail once your refund has been processed. Please allow 5-7 business days from the time we receive your return for processing. Also, please note that the original shipping and handling charges incurred with your purchase are non-refundable.
Please see below for accessories return policy.
Free Prepaid Returns Within 15 Days
If you return your purchase within 15 business days of the date you received it, Luxemi will take care of the return shipping fees. To qualify for free return shipping, please make sure to allow 7 days for transit time.
Returns Must be Made Within 30 Days
After the initial 15 business day period, you may still return your purchase to Luxemi using the prepaid shipping label for up to 30 days from your date of receipt. However, please note that the cost of return shipping will be deducted from your refund.
- Items may not be returned after 30 days of receipt.
- You may not return items that are noted as “Final Sale.”
- We do not offer refunds, exchanges or credit for merchandise that is returned to us damaged. If an item is damaged when you receive it, please contact customer care within 24 hours and we will resolve the issue immediately.
If you’ve borrowed a garment that doesn’t fit, please contact us immediately so we can resolve the problem, either by shipping you something else or processing a credit for the full borrow fee to be used towards a future purchase. To qualify, the return package must be postmarked within 24 hours of your initial receipt and the merchandise must be unworn, unaltered, undamaged and unwashed with the original tags still attached. To return the garment, simply use the prepaid return envelope we provided with the item. You can drop off the return envelope at any U.S. Postal Service Mailbox (the blue ones!) or at your post office. You can also visit www.usps.com/pickup to arrange for a free pickup. If these conditions are met, we will process a full credit less the cost of shipping.
Unfortunately, we are unable to offer refunds, exchanges or credit on accessories unless the item you selected reaches you in damaged condition. In the event you receive accessories that were damaged in transit, please contact customer care within 24 hours of receipt and we will resolve the issue immediately.
These terms and conditions are a legal agreement between you ("You" or "Your") and Dreamstar, LLC, an Illinois limited liability company doing business as “Luxemi”, with corporate offices at 525 Grove Street #5C, Evanston, IL 60201 ("Luxemi," "we," "us," or "our"), establishing terms and conditions under which You will submit information to, and rent apparel and accessories (each a “Product” and collectively, "Products") and receive related services (“Services”) from, Luxemi via our website at www.Luxemi.com (the "Website").
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ORDERING OR RENTING THE PRODUCTS YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO RENT THE PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE RENTAL OF ANY PRODUCTS AFTER THE DATE OF SUCH CHANGE.
I. Rental Fees:
The rental fee (“Rental Fee”) for the Products includes:
i. the stated rental fee
ii. the stated insurance charges and
iii. delivery charges as listed on the Website in connection with Your rental of the Products.
We reserve the right to increase the price for any Product without notice to you (provided, that we will not increase prices for Products which have been previously ordered by you but not yet shipped).
By renting a Product from Luxemi, You hereby irrevocably authorize us to charge any credit card you provide to use via our website or otherwise for the Rental Fee. Your credit card will be charged the amount of the Rental Fee immediately upon placing your order. You agree not to withhold from or offset against any amount owing to us for any reason. You also agree to address any and all product and transaction claims solely with us and not to initiate, under any set of circumstances, charge refusals or charge-backs with credit card issuers, and you agree to indemnify us for any expenses or damages we may suffer on account the initiation by you of any such charge refusal or charge-back. You shall, as is the case with other disputes arising hereunder, be entitled to resolve any and all such disputes pursuant to the dispute resolution Section set forth below. In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments owing to us. You agree to pay, in connection with any past due balance, a late payment charge of 1½ percent per month, but not in excess of the lawful maximum.
Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by Luxemi, shall be paid by You to Luxemi in connection with Your order for the rental.
Cancellation of orders are subject to the following cancellation fees:
- Cancellations which are made in accordance with our cancellation policy set forth herein or otherwise set forth at our website from time to time that are thirty (30) or more days in advance of the delivery date will not incur any cancellation fees
- Cancellations that are less than thirty (30) days in advance of such delivery date will be honored solely with the issuance of a full credit of the Rental Fee that can be applied to future Luxemi purchases or rentals (with no cash or redemption value).
Cancellations must be in writing or via e-mail sent to firstname.lastname@example.org.
Luxemi will use commercially reasonable efforts to deliver the Products You properly order at our website no later than 8:00 pm on the start of your rental date. The shipping method used will be at the discretion of Luxemi. While not expected, there are a variety of factors that can contribute to delay in shipment or delivery that include, but are not limited to:
(1) Availability of product, (2) Cleared payment, (3) Members' delivery address, (4) Factors once in Delivery Carrier’s possession, including among other factors, inclement weather and/or heavier mailing times, (5) orders placed after any deadlines set forth at the website from time to time, or (6) force majeure or other events beyond our reasonable control.
Please note that once we give our carrier the order, the risk of loss is passed onto the member. Luxemi shall not be responsible for any late deliveries due to any of the foregoing occurrences.
Secured Delivery: Upon delivery, customer bears the responsibility for any rented Product. You acknowledge that a Secure Shipping Address (defined herein) is required. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Luxemi does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for you, rather than Luxemi, shall be solely liable.
IV. Dry Cleaning
The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the Product is at your own risk and Luxemi shall not be held liable for any health-related complaints associated with a Product rented from our site. In addition, we are not responsible for any costs or fees you elect to incur to remove wrinkles, clean or otherwise improve the appearance of any Product shipped to you.
Our Gaurantee: We will, subject to the allowances for late delivery described above, deliver the Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to deliver any Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. SEE REMEDIES
It is your responsibility to inspect all Products rented from us and to notify us immediately if you believe the Products was shipped in a sufficiently damaged state such that it is no longer able to be used for its intended purpose. You must promptly tell us specifically why you are rejecting the Products and why you believe they are non-conforming. At our discretion, we will either exchange or repair the non-conforming Products, subject to availability. We shall have sole discretion in determining whether or not to accept any such return of a Product.
Fit: If Your Product does not fit You, then You may return the Product to us within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures Returns and Exchanges. We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by You of our Products, so long as the Product, in our sole discretion and determination, has not been worn or otherwise damaged in any way.
Saree Blouses: As a service to our first time customers, Luxemi will send two matching blouses in different sizes for each saree rented in order to ensure perfect fit. Please note that we may discontinue the availability of extra matching blouses at any time.
VI. Use of Products
By renting from Luxemi, you agree to treat our Products with the utmost care and respect. You are solely responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear as determined by Luxemi its sole discretion. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall be entitled to charge You an amount equal to eight times (8x) the Rental Price.
VII. Return of Products
You agree to return the Products to Luxemi in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Product by phone to Luxemi provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You placing the Product in the Return Packaging in any appropriate U.S. Postal Service mailbox by 12 p.m. on or before the date that the Product is required to be placed with the postal service for delivery.
Late Returns: If You return the Products late or not at all, a late fee of Forty-Five dollars ($45) will be charged to You for the FIRST day that you are late (on top of the initial rental fee already charged) and Seventy-Five dollars ($75) for each subsequent day after the first late day, and You agree to pay such additional fees, up to eight times (8x) the Rental Price. We will not charge You more than eight times (8x) the Rental Price plus the initial Rental Value already paid, in the aggregate, for any charges arising under this Section VII, excluding collection costs. If You pay us eight times (8x) the Rental Price under this Section and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section.
Return Packaging: With delivery of the Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products to Luxemi (“Return Packaging”).
Lost Return Packaging: If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing Luxemi with a tracking number.
If You do not pay any amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees and court costs.
IX. Right to Terminate
We reserve the right to terminate your right to rent Products from us at any time or to reject any rental from us in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
Limited Warranty:The limited warranties apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section V. Our warranty herein shall not apply to any matters arising from violation of Your responsibilities as set forth in this Agreement.
Remedies: Your sole and exclusive remedy and Luxemi’s sole and exclusive liability for a breach of Luxemi’s limited warranty shall be, at Luxemi’s option, Luxemi’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
Disclaimers: THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
WE SHALL NOT, IN CONNECTION WITH ANY SALE OR RENTAL OF PRODUCTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO THE APPLICABLE CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO LUXEMI DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
Luxemi shall not be liable for any claims or damages arising in connection with Products which are out of stock or otherwise unavailable. Luxemi reserves the right to discontinue the sale or rental of any Product at any time without notice to you or any other third party.
This Agreement, together with any other terms, conditions or policies posted by Luxemi at our website from time to time, constitutes the entire agreement between You and Luxemi with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Luxemi. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon posting at our website. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of laws principles, and any and all disputes arising out of this Agreement or your purchase and/or rental of any Products shall be resolved solely within the appropriate state or Federal court located within Cook County, Illinois. You shall not assign this Agreement without Luxemi’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6, 7, 8, and 9 shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Luxemi shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
Thank you for shopping at Luxemi.com. Ensuring the privacy and security of your personal information is very important to us. Our privacy and security policy outlines the information we collect about you, how and why we use the information, and the choices you have to restrict our usage of this information.
Types of Information Collected
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect information about you that we consider necessary for achieving this purpose. For example, as further described herein, we may collect "Personal Information" which is data that can be used to identify an individual, as defined by applicable law. Luxemi.com collects personal information in several ways when you place an order, refer a friend, or register for a service offered by Luxemi.com. If an order is placed with us we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfill your order. We only save credit card information for those customers that have registered on the site. Saved credit card details are not shared with third parties except to the extent necessary to process your order, using our payment partner's systems. Additionally we may obtain information as a result of authentication or identity check. Luxemi.com may also collect data that does not identify you specifically. The following is a list of data that we may collect and process about you:
- Information that you provide by filling out forms on the site. This includes information you provide when you register to use the site; subscribe to any services offered on the site including but not limited to interactive services (such as blogs or other user forums); enter a competition or promotion sponsored by Luxemi.com; complete a survey; or report a problem with the site
- Any information you may provide when you contact us or send us any correspondence
- Details of any transactions you carry out through the site including the placement of any orders by you and
- Details of your visits to the site including, but not limited to, your computer's IP address, password information, page interaction information, traffic data, location data, weblogs, and other data about the resources that you access.
We automatically track certain information based upon your behavior on the Website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community.
Communication from Luxemi.com
Special Offers and Updates
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will communicate with you in response to your inquiries, to provide the services you request, to manage your account, and to provide the best customer service possible.
Luxemi.com contracts with an outside service provider to help us better understand your use of our site. Our service provider places cookies on your computer to collect various kinds of information for us related to your use of Luxemi.com.com, so that we may continue to refine and improve the site for our customers. We do not allow our service provider to collect any credit card, user name or password information, nor do we allow them to use any of the data they collect for us for any purpose other than the improvement of our site. Additionally, our service provider is contractually required to maintain all the information collected for us in strict confidence.
In addition to disclosures identified for the purposes above, from time to time we may disclose Personal Information to
- Our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as: warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose the personal information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
- Unaffiliated service providers with whom Luxemi.com may subcontract, including website hosting companies, fulfillment companies and other third party service providers;
- The prospective seller or buyer of Luxemi.com's business or assets, including where Luxemi.com or substantially all of Luxemi.com's assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights; to comply with a judicial proceeding, court order, or legal process served on us or the Website; or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains.
Required Age to Use Luxemi.com
Luxemi.com does not sell products for purchase by children. If you are under 18, you may use Luxemi.com.com only with the involvement of a parent or guardian.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If there are particular forms of marketing information that you do not wish to receive please send an email at email@example.com with specific details on the marketing materials that you do not wish to receive.
Luxemi.com.com may periodically update this Privacy & Security Policy for new, unanticipated uses not previously disclosed or otherwise amend this policy. Any changes made will be posted here. By visiting our website you agree to accept any changes made to this policy. The Luxemi.com.com Privacy & Security Policy only addresses the use and disclosure of information we collect from you on our website.
Date Last Updated
This Privacy & Security Policy was last updated on February 1, 2011.
Terms of Service
Thank you for visiting Luxemi.com. We have prepared the information below to ensure that your experience on our website is one you'll want to repeat again and again. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Since Luxemi may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.
Use of Luxemi and Its Content
This website is expressly owned and operated by Luxemi.com. Unless otherwise noted, all design and content featured on Luxemi.com including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Luxemi. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Luxemi. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Luxemi. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Luxemi or such third party that may own the copyright of material displayed on this web site.
You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated these terms or any other policies posted at the site from time to time, we may deny you access to this site on a temporary or permanent basis without liability and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the site.
You agree not to collect or harvest any personally identifiable information, including account names, from the site, nor to use the communication systems provided by the site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the site with respect to any submissions made by them.
Inaccuracies and Future Modifications to Site
We endeavor to present accurate and reliable information on our website at all times. However, there may be occasions when some of the information featured on Luxemi may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. Further to Luxemi’s rental terms and conditions, which apply to all purchases on our site, in the event a Luxemi product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Luxemi shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Luxemi shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Luxemi shall issue a credit to your credit card account in the amount of the incorrect price.
Copyright and Trademark Information
Copyright © 2010 Luxemi. All rights reserved.
This web site, and the information which it contains, is the property of Luxemi and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Luxemi" and the Luxemi logo are registered trademarks of Luxemi, under the applicable laws of the United States and/or other countries. Other Luxemi product or service names or logos appearing in the web site are either trademarks or registered trademarks of Luxemi, and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Luxemi’s trademark or other intellectual property rights concerning that name or logo. All other product names are trademarks or registered trademarks of their respective owners.
Comments, Communications, and other Content
Where this site permits, visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of 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 content. Luxemi reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Luxemi a nonexclusive, royalty-free, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Luxemi and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Luxemi for all claims resulting from content you supply. Luxemi has the right but not the obligation to monitor and edit or remove any activity or content. Luxemi takes no responsibility and assumes no liability for any content posted by you or any third party.
This website may contain or provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, photographs, graphics, video, messages and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through this website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Luxemi assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Luxemi has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement, omission, falsehood, defamation, obscenity, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and Luxemi neither endorses nor adopts as its belief any such statements.
INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, LUXEMI DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Product descriptions and specifications are subject to change. Luxemi periodically adds or updates the information and documents on this web site without notice. It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LUXEMI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, MISUSE, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF LUXEMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LUXEMI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE OR RENTAL PRICE OF THE MOST RECENT PRODUCT PURCHASED BY YOU OR, IF NO SUCH PRODUCT HAS BEEN PURCHASED, US$50.
You agree to indemnify, defend, and hold harmless Luxemi, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Luxemi, together with Luxemi’s past and present equity owners, managers, members and officers from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of this website, the content posted at this website and any services offered through this website.
Links to Third-Party Web Sites
This web site may contain links to non-Luxemi web sites. These links are provided to you as a convenience, and Luxemi is not responsible for the content of any linked web site or the actions of those that provide or use such linked web site. Any non-Luxemi web site accessed from the Luxemi web site is independent from Luxemi, and Luxemi has no control over the content of that web site. In addition, a link to any non-Luxemi web site does not imply that Luxemi endorses or accepts any responsibility for the content or use of such a web site.
Risk of Loss
All items purchased from Luxemi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Luxemi's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Luxemi that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Luxemi's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
525 Grove Street, #5C
Evanston, IL 60201
No Export of Information
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this web site may be exported, in any way, in violation of United States law.
Enforcement of Terms and Conditions
These Terms and conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language solely in Chicago, Illinois, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Luxemi shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of Illinois or any other court of competent jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Luxemi may, at its sole discretion and without notice, revise these terms at any time by updating this posting.