TERMS & CONDITIONS


LUEXCO TERMS OF USE (European Region Only)

Effective Date: 12/3/2022

A. 1. SCOPE.

These Terms of Use for The European Union (EU), European Economic Area (EEA), Switzerland, and The United Kingdom (UK) ( "EU/UK Terms of Use" ) apply to you if you are located in The  European Region, The European Economic Area (EEA), Switzerland and The United Kingdom ( The "EU/UK").

These Terms of Use are the contractual basis for your use of the Services including any services provided via this website, located at LUEXCO.shop and Luexco.com (the "Sites" ), our related mobile applications (the "Apps" ), our accounts and fan pages on social media platforms (the "Social Media Accounts" ), any other written, electronic, and verbal communications with the Company, its affiliated companies, and any other websites, pages, features, and content owned and operated by the Company that contains a link to these EU/UK Terms of Use.

You might be redirected to the local website of the country where the products will be delivered if you live in one country but order products to be shipped to another.

A. 2. DEFINITIONS.

The terms "Company", "we", "us" or "our" will be used to describe your contractual partner, Luexco LLC, 648 Effie Dr., Lawrenceville, Georgia 30045, legal@luexco.com as the owner of the Site, Apps, and Social Media Accounts in the EU/UK .

The "Services" include any services provided via this website, located at LUEXCO.shop and LUEXCO.com (the "Sites" ), our related mobile applications (the "Apps" ), our accounts and fan pages on social media platforms (the "Social Media Accounts" ), any other written, electronic, and oral communications with the Company and its affiliated entities, and any other websites, pages, features, or content owned and operated by the Company or an affiliated entity that hyperlink to this Policy.

"Agreement" shall mean the contract of use between you and the Company based on these EU/UK Terms of Use.

"Force Majeure" shall mean events that are beyond our reasonable control.

A. 3. AGE REQUIREMENTS AND ACCEPTANCE.

(1) You must be at least 16 years old to use our services.

(2) You expressly understand, acknowledge, and agree to be bound by the EU/UK Terms of Use by accessing or using the Services in any way, including, but not limited to, visiting or browsing the Site, downloading a mobile App, creating an account, or adding content or other materials to the Services. You are only permitted to use the Services if you agree to abide by all applicable laws and these EU/UK  Terms of Use. You can always read our Privacy and Cookie Policy for more details on how the company gathers, safeguards, and stores your personal data when you use the Services.

A. 4. UPDATES.

(1) We reserve the right to amend the EU/UK Terms of Use, including the Privacy and Cookie Policy subject to the conditions of applicable law.

(2) Minor modifications that don't impair your rights or place you at an unfair disadvantage may be made at any time, with or without your knowledge, and take effect right away after being posted.

(3) Material changes may be made in particular in the event of changes in the law, changes in case law, or changes in economic circumstances. If you have a user account on the Site, we will notify you (i) of any intended material changes by email before the changes go into effect to the email address on file for your user account. We will also let you know in this email that you have the right to object, the form and time requirements for objection, and the repercussions if you do not object to the changes, and (ii) By posting the amended terms on the website and mobile app. We reserve the right to provide further notice in any other way, at our sole discretion. You are in charge of keeping the email address you provide to us up to date. Any out-of-date or inaccurate information you supply is not our responsibility.

We are authorized to end the Agreement with you if you object to such intended changes within the required timeframe and in the required format. If you do not object to the changes in text form within six weeks of receiving the email, you will be deemed to have accepted the changes.

A. 5. EVENTS BEYOND OUR CONTROL

When events occur that are beyond our reasonable control ("Force Majeure"), we will not be held responsible for any failure to perform or delay in performing our obligations under the EU/UK Terms of Use or other contracts. Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout, or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
  • Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
  • Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.

It is to be understood that our obligations deriving from the EU/UK Terms Of Use or other contracts are suspended during the period that during the time in which a Force Majeure remains in effect, and the time frame for fulfilling these obligations will be extended by the time equal to that of the Force Majeure event. To the extent we are able, we will use all reasonable means to put an end to the Force Majeure, or we will work to find a way to carry out our obligations under the Terms even in the face of the Force Majeure.

A. 6. LIMITATION OF LIABILITY.

(1) Your claims for damages are excluded, with the exception of claims for losses resulting from injury to life, body, or health or from the breach of essential contract obligations terms (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of material contractual obligations, unless the damage claims are based on harm to life, body, or health, the Company is only responsible for reasonably foreseeable damage typical for the type of contract if such damage was caused by simple negligence.

(3) The limitations of liability shall also apply in favor of the legal representatives, employees, and vicarious agents of the Company if claims are asserted directly against them.

(4) Any applicable mandatory statutory provisions remain unaffected.

A. 7. ASSIGNMENT

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

A. 8. ENTIRE AGREEMENT; NO WAIVER.

(1) These EU/UK Terms of use, together with any legal notices published on the Site or Apps, shall constitute the entire and only agreement between you and us concerning the Purchase, and supersede all prior terms, agreements, discussions, and writings regarding the subject matter.

(2) Any terms and conditions which you include in any purchase order, confirmation of the order, or other document are expressly excluded.

(3) If any provision of the EU/UK Terms of use is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the EU/UK Terms of use, which shall remain in full force and effect.

(4) No waiver of any term of the EU/UK Terms of use shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the EU/UK Terms of use shall not constitute a waiver of such right or provision.

A. 9. INDEMNIFICATION.

You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to your breach of these EU/UK Terms of use. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if required, you will allow us to participate in the defense and will not settle any such claim without our prior written consent, and you will have no further obligation to defend us in that matter.

A. 10. APPLICABLE LEGISLATION AND JURISDICTION.

(1) These EU/UK Terms of use are governed by and construed following the laws of the EU/UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(2) We both agree to submit to the non-exclusive jurisdiction of the courts of the EU/UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these EU/UK Terms of use in the EU/UK.

A. 11. COPYRIGHT INFRINGEMENT.

We respect the intellectual property rights of others in the same way that we ask others to respect ours. You are encouraged to send an email to legal@luexco.com if you think that any content on the Company's website or any of its links is infringing on your copyright.

A. 12. BUSINESS TRANSFERS

If the Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enter into bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of the Company may continue to use your personal information for the same purposes that we have previously obtained your consent. For more information, please see our Privacy and Cookie Policy.

A. 13. CONTACT US

We welcome any questions or comments regarding our privacy practices or these EU/UK Terms of use. You can email us whenever you want at info@luexco.com, or feel free to reach out through our chat feature.

B. 1. REPRESENTATIONS

(1) When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correct.

(2) You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian.

(3) Subject to the Terms, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance.

(4) Any breach of this Agreement shall result in the immediate revocation of the license granted in this section without notice to you and with the consequences as set forth under section B 5.

B. 2. LIMITATIONS OF USE

(1) The Services or any part of them may not be duplicated, distributed, displayed, sold, leased, transmitted, translated, modified, reverse-engineered, disassembled, or otherwise exploited without the Company's prior written consent, except as expressly permitted in the paragraph B.1 REPRESENTATIONS above.

(2) Unless specifically authorized in advance by the Company, you are not permitted to use any of the data offered on the Services for any commercial purpose or to benefit another company unless explicitly permitted by us in advance.

You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian.

(3) Subject to the Terms, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance.

(4) You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or individual; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could be a violation of local, national, or international law and result in civil or criminal liability.; or (c) contains the image of others without their explicit consent for the entire time posted on, or otherwise published via the Services, (d) contains images of children under the age of 16, regardless of whether you are the parent or guardian of that child, or (e) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or qualities that are malicious or technologically harmful.

(5) Additionally, you consent to refrain from:

  • Use of the Services for any unlawful purpose, or in a way that could violate any applicable law or regulation;
  • Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
  • Use of the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party's use of the Services;
  • Use of any robot, spider, or other manual or automated device, process, software, or means to index or access the Service for any purpose;
  • Use of the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
  • Otherwise attempting to interfere with the proper working and functionality of the Service.

(6) You warrant and represent that you shall not, and have not, done or permitted others to do anything that would be in violation of the undertakings above.

B. 3. USER ACCOUNT.

(1) You will need to create an account in order to access some of the Services' features. You can change your personal data at any time in the "My Account" section if you discover that an error was made when entering it when you registered to use our services. For you to access and use specific features of the Services, we might give you a password and an additional account identification. We reserve the right to periodically ask you to update your password or even reset it for you at our sole discretion.

(2) The confidentiality and security of the password and identification that have been given to you are your sole responsibility. Use a different password for our website than you would for any other website. We are not responsible for any account loss, theft, or fraudulent use under any circumstances. Any unauthorized use of your password or identification, as well as any other security lapses or threats thereof, must be reported to us right away.

(3) You are not allowed to use someone else's account. Every time you use a password or identification, it will be assumed that you are authorized to do so, in accordance with this Agreement, and to access and use the Site or Apps. The Company is under no duty to look into the legitimacy of any such access or use of the Services.

(4) Whether or not such access to and use of the Sites are actually authorized by you, you will be solely responsible for all communications and transmissions made as a result of such access or use as well as any obligations (including, without limitation, financial obligations) incurred as a result of such access or use. This responsibility extends to anyone using the password and identification initially assigned to you.

(5) The User Account is provided for the Sites or App that is used for the initial setup. Your account will be administered by Luexco LLC, as set forth in Section A. 2 DEFINITIONS of the terms and conditions governing the use of that Site (for example, if you created your account on Luexco.shop or Luexco.com, then your account will be administered by Luexco LLC. If you reside in one country but order products to be shipped to another country, you may be redirected to the local Site of the country to which the products are shipped.

(6) In the event that, in our sole discretion, your behavior justifies refusing any of our Services or terminating your user account, we reserve the right to do so. This is especially true if you violate any laws that are in force, any contracts that are in effect, or any of our rules or policies.

(7) By opening an account with us, you agree that occasionally, we might send you marketing or promotional emails. You can use the unsubscribe link in those emails to remove your name from our mailing list if you do not wish to receive those emails.

B. 4. PROMOTIONAL POINTS, GIFT CARDS, AND LUEXCO REWARDS

Luexco Rewards (Promotional Points): By using our services on your local website, application, or social media accounts and achieving certain goals in accordance with the specific guidelines laid out under Luexco Rewards, you can accrue promotional points and store them in your Luexco Rewards account. Promotional Points are awarded at the Company's sole discretion and are subject to both expiration and cancellation. Promotional Points cannot be exchanged for cash, returned through PayPal, or put back on the same debit/credit card that was used to make the original purchase. Only one (1) Luexco Rewards coupon may be used per purchase on the Sites, subject to the provisions made available by Luexco and the applicable terms above.

Coupons: The Company may issue coupons at its sole discretion. The Company reserves the right to revoke any remaining coupons. There may be occasional restrictions, limitations, and expirations placed on free LUEXCO coupons provided by the Company. Coupons may not be exchanged for cash, returned through PayPal, or paid back with the same debit/credit card you used to make the original purchase. Each purchase is limited to the use of one coupon.

Gift Cards: There may be occasional restrictions, limitations, and expirations placed on gift cards provided by the Company. Gift cards are redeemed by entering the gift card code during the checkout process, using the digital code provided upon purchase. Gift cards will not be exchanged for cash, returned through PayPal, or refunded to the original payment method of a debit or credit card.

Gift cards, paid or unpaid coupons, and promotional rewards (also known as Luexco Rewards) are all acceptable forms of payment.

While a refund for a returned order that arrived to you faulty or damaged can be returned to the original form of payment, size-related, buyer's remorse returns (changed my mind), company rewards, promotional points, coupons, and gift cards cannot be exchanged for cash.

Luexco Rewards: The Luexco Rewards program is a feature of the user account and is governed by the same rules as those in Paragraph 2.3. Except as provided by applicable law, if your rewards account contains assets at the time of account termination or cancellation, you would forfeit those assets. For more information regarding the Luexco Rewards program see  Luexco Rewards Terms and Conditions.

Your rights to gift cards, promotional coupons, and promotional points kept in your Luexco Rewards account expire upon death. Additionally, any rewards, reward credits, gift cards, promotional coupons, and promotional points held in your account are your property and are not transferable to your estate, beneficiaries, or successors.

B. 5. ACCESS RESTRICTION AND TERMINATION.

(1) We reserve the right to impose temporary restrictions on some or all portions of the Services, including the capability to send messages, pay for services, or upload files.

(2) We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms.

(3) You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, by contacting our Customer Support Team at Customer.Support@Luexco.com, or via the chat feature through the Site. Please note if you terminate your account, your account assets may be lost unless you contact us.

(4) Termination of your account may result in a loss of any achieved benefits, any information provided to us or received from us, or documents, related to or stored within your customer account. You will not be entitled to claim compensation from us for any loss or costs incurred with the termination of your access to the Services. However, in case you have submitted, posted, or provided any content as described in section B. 9. REVIEWS, COMMENTS, AND SUBMISSIONS below, deletion of your account will not affect such submissions.

B. 6. INTELLECTUAL PROPERTY AND OWNERSHIP

(1) Content. The Services are owned, controlled, or licensed by the Company and are protected by U.S. and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property or proprietary rights laws. The Services also include all features and materials, including text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features that are provided as part of the Services (collectively, "Content"). Only activities covered by these Terms and the Privacy and Cookie Policy are allowed for you to access the Content.

6.2 LUEXCO Marks. In addition, the "LUEXCO" trademarks, service marks, icons, graphics, wordmarks, designs, and logos contained therein ("Marks"), are owned by LUEXCO LLC. "LUEXCO" and the Marks of LUEXCO are trademarks in the countries for which applications are pending or registrations have been issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The LUEXCO Marks may not be used in connection with any product or service that is not the Company's, in any manner that is likely to confuse customers, or in any manner that discourages or discredits the Company. The Marks, whether on any product offered for sale on the Site, or the Apps, or appearing as a logo or text on any portion of the Site, are not a representation that Luexco is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site or the Apps. As LUEXCO LLC. sources some of its products from third-party manufacturers and wholesalers.

6.3 Rights Reserved. You are only allowed to use the content that is a part of the Services for informational purposes and are not permitted to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use it for any other purpose without the prior written consent of the Company or the applicable owners or licensors. All rights in and to the Content that aren't explicitly granted by us are reserved. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services that you send to us is non-confidential and will belong to the Company exclusively, as further described in section B. 9. REVIEWS, COMMENTS, AND SUBMISSIONS below.

Other than as expressly allowed by this agreement, you agree not to use, copy, distribute, or create derivative works from any of the Content. You hereby agree not to bypass, deactivate, or otherwise interfere with any security-related features of the website, or any features that prohibit or restrict the use or copying of any Content, or that impose usage restrictions on the website or its Content.

B. 7. THIRD-PARTY LINKS AND RESOURCES

Links to third-party websites that are not under our control or ownership may be found on our site and in our apps. The content, privacy practices, or other policies of any third-party websites or services are not under our control, we are not responsible for them and we make no claims regarding them. We give no assurances or warranties regarding the timeliness, accuracy, or completeness of any content posted by third parties on the Site or our Apps. Please read all terms and conditions and privacy policies from third parties.

B. 8. TEXT MESSAGING PROGRAM

(1) Enrollment. To receive recurring automated marketing messages, which may be sent by us or our vendors to the mobile number you provided at opt-in, you will be asked to expressly consent. This consent will be evidenced by the provision of your mobile telephone number, the specified prompted keyword(s), or SMS/MMS or other text messages affirmative response. This consent is not a requirement for using our services, and it can be revoked at any time by contacting us in any other way or by using the opt-out mechanism described in subsection B 8(2).

(2) Opting Out. By replying STOP or any other signal we instruct to any message you receive in our text messaging program, or by simply texting STOP or any other signal we instruct to the number from which you are currently receiving our text messages, you can choose not to receive SMS/MMS text messages from us. In either scenario, you'll get one more message stating that your request was successfully processed.

(3) Your Own Wireless Plan. Message and data rates could still be charged for any messages sent to or from you. Contacting your wireless provider is the best option if you have any questions about your text or data plan.

(4) Your Duties for Your Own Phone Number. When signing up for our text messaging program, you represent that you are the account holder or customary user for the mobile phone number you provide. You must notify us right away at Customer.Support@Luexco.com, or via our chat feature if you change or deactivate that number. We are not responsible for late or missed deliveries of messages, nor are our vendors, or any mobile carrier. Including, but not limited to, all claims, expenses, and damages related to or arising under any and all applicable laws, you agree to fully indemnify us for any and all claims, expenses, and damages relating to or caused in whole or in part by your failure to notify us if you change your telephone number.

(5) Participation is Subject to Termination or Change. If we determine these Terms have been violated in any fashion, we may suspend or stop sending you automated marketing messages from us. If your mobile phone service is discontinued or expires; your receipt of these messages may also end. We reserve the right to change or stop all or any portion of these messages, temporarily or permanently, with or without prior notice to you.

B. 9. REVIEWS, COMMENTS, AND SUBMISSIONS

(1) Anything you submit or post to the Services or provide to our Site or App, with the exception of content expressly stated otherwise in this Agreement or on the Services (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary.

(2) You grant the Company a royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, distribute, display, publish, recite, show, perform, sell, lease, transfer, transform, adapt, edit, shorten, delete, translate, arrange, and otherwise change the Submission by providing, submitting, or posting a Submission. All Submissions automatically become our sole and exclusive property; they will under any circumstances be returned to you and you agree not to bring any claims against us for future uses of the Submission.

(3) You waive any of your possible author's personal or moral rights existing with regard to the Submissions as far as they may affect the undisturbed use of the Submissions by the Company, and you undertake not to exercise such rights, neither vis-á-vis Company nor vis-á-vis any of Company's assignees, transferees, successors, (sub-) licensees or any other third party legally exploiting the Submissions. In particular, you consent to modifications of your Submissions within a scope customary in the industry. Your right to prohibit distortions, other impairments, or uses that are capable of endangering your legitimate intellectual and personal interests intrinsic to the Submissions, remain unaffected.

(4) You guarantee that all or a portion of your Submissions are clear and unaltered by intellectual property rights disputes, third-party claims, or other issues. We take no responsibility for any infringements on your copyright or other third-party rights that may occur. You agree to defend the Company against any losses brought on by the use of the Submissions for any purpose, and to hold the Company harmless from such losses.

(5) When you post comments or reviews to the Site or Apps, you also grant us the right to use your name, if any, in connection with those reviews, comments, or other pieces of content, in addition to the rights applicable to any Submission.

(6) You confirm and guarantee that all of the reviews, comments and other content you post on this website belong to you or that you otherwise have full control over them. You also guarantee that we will not be in violation of any third party's legal rights when we use your reviews, comments, or other content.

(7) You are not allowed to give us or other parties false information about the origin of any Submissions or content, use a false email address, or pose as someone other than yourself. We reserve the right to edit or remove any Submissions (including comments and reviews), but we are not required to do so.

(8) Please be aware that regardless of whether you are the parent or guardian, it is illegal to upload images of people under the age of 18 to our Services or provide us with images of them without their express consent.

B. 10. USER-GENERATED CONTENT. Any content that you transmit, post, upload, share, or otherwise contribute to our Site or Apps, including but not limited to your Submissions, shall be deemed to be user-generated content ("UGC") to the extent that it is visible to or accessible to any other visitors to or users of our Site or Apps. By agreeing to these Terms, you promise not to submit any UGC that could be inferred to imply, include, offer, or support any of the following:

(1) Sexually explicit or pornographic content;

(2) Profanity;

(3) insulting, shaming, derogatory, discriminatory, hateful, or otherwise inciting remarks about particular people or groups on the basis of their race or ethnicity, religion, gender, sexual orientation, age, nationality, or other factors.;

(4) incitements to violence or other dangerous activities;

(5) terrorism or other criminal activities;

(6) insensitive or offensive comments related to natural disasters, atrocities, health crisis, deaths, conflicts, or other tragic events;

(7) harassment, bullying, or behavior deemed as threatening or inappropriate;

(8) dangerous products, illicit drugs, or inappropriate use or sale of tobacco and alcohol;

(9) transactions in cryptocurrencies;

(10) false medical-related claims or contents;

(11) content that infringes intellectual property rights;

(12) content that you are not authorized to, or don't have a legal right to, share, post, or otherwise display; or

(13) any other content that could be considered illegal, offensive, or restricted under applicable laws or regulations.

You further acknowledge and agree that LUEXCO, in its sole discretion, has the right to remove or block any UGC that it finds to violate the aforementioned rules. We reserve the right to suspend or later terminate all or a portion of our Services if you post UGC that is in violation of these Terms. By accepting these Terms, you hereby agree to only post UGC suitable for a family audience. You also acknowledge and agree that LUEXCO is not obligated to monitor or actively review any UGC before it is displayed on LUEXCO's Sites or Apps and as a result, you alone are completely responsible and liable for the UGC you choose to post on the Sites or the Apps.

B.11 DISPUTES

If a dispute arises between you and Us, we strongly encourage you to first contact us directly to seek a resolution by contacting our Customer Support Team which is available free of charge for every user to submit complaints and other inquiries. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute, or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Us both agree to submit to the non-exclusive jurisdiction of the English courts.

In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

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LUEXCO TERMS OF PURCHASE (EU/UK)
FOR RESIDENTS OF THE EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA (EEA),  SWITZERLAND, AND THE UNITED KINGDOM (UK) ONLY
Effective Date: 12/3/022


These EU/UK Terms of purchase for The European Union (EU), European Economic Area (EEA), Switzerland, and The United Kingdom (UK) ( "EU/UK Terms of Use" ) apply to you if you are located in The European Union, The European Economic Area (EEA), Switzerland and The United Kingdom ( The "EU/UK"). These Terms of Use are the basis for any purchase or other transaction you enter into on or through our website or apps if you are located in the United Kingdom (the "UK" ). The EU/UK Terms consist of the General Terms & Conditions (sections A.1 - A.13), and the Special Terms of Purchase (sections B.1 - B.10).

A. 1. SCOPE.

These EU/UK Terms of Purchase apply to any transaction (including purchases) you make on or through the website located at LUEXCO.shop and LUEXCO.com (the "Sites" ) or via the related LUEXCO mobile applications (the "Apps" ).

A. 2. DEFINITIONS.
When you buy a product or multiple products through our Site or Apps we will be speaking of "Purchases".

"Agreement" shall mean the purchase contract concluded between you and the Company based on these EU/UK Terms of Purchase.

"Force Majeure" shall mean events that are beyond our reasonable control.

A. 3. AGE REQUIREMENTS AND ACCEPTANCE.


(1) You must be at least 16 years old to shop with us.

(2) You expressly understand, acknowledge, and agree to be bound by the EU/UK Terms of Purchase when purchasing through our site or apps. You shall only purchase from us if you agree to comply with all applicable laws and these EU/UK Terms of Purchase. Additionally, if you'd like to learn more about how the Company gathers, safeguards, and stores your personal information when you make a purchase, you can read our Privacy Policy at any time.

A. 4. UPDATES.

(1) We reserve the right to modify the EU/UK Terms of Purchase, including the Privacy Policy, subject to the terms of applicable law.

(2) Notwithstanding the aforesaid, your purchase contract will be governed by the EU/UK Terms of Purchase in force at the time you place your order as described in Section B.

A. 5. EVENTS BEYOND OUR CONTROL

When events occur that are beyond our reasonable control ("Force Majeure"), we will not be held responsible for any failure to perform or delay in performing our obligations under the EU/UKTerms of Purchase or other contracts. Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout, or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
  • Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
  • Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.

It is to be understood that our obligations deriving from the EU/UK Terms Of Purchase or other contracts are suspended during the period that during the time in which a Force Majeure remains in effect, and the time frame for fulfilling these obligations will be extended by the time equal to that of the Force Majeure event. To the extent we are able, we will use all reasonable means to put an end to the Force Majeure, or we will work to find a way to carry out our obligations under the Terms even in the face of the Force Majeure.

A. 6. LIMITATION OF LIABILITY.

(1) Your claims for damages are excluded, except claims for losses resulting from injury to life, body, or health or from the breach of essential contract obligations terms (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees, or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(2) In the event of a breach of material contractual obligations, unless the damage claims are based on harm to life, body, or health, the Company is only responsible for reasonably foreseeable damage typical for the type of contract if such damage was caused by simple negligence.

(3) The limitations of liability shall also apply in favor of the legal representatives, employees, and vicarious agents of the Company if claims are asserted directly against them.

(4) Any applicable mandatory statutory provisions remain unaffected.

A. 7. ASSIGNMENT


You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

A. 8. ENTIRE AGREEMENT; NO WAIVER.

(1) These EU/UK Terms of Purchase, together with any legal notices published on the Site or Apps, shall constitute the entire and only agreement between you and us concerning the Purchase, and supersede all prior terms, agreements, discussions, and writings regarding the subject matter.

(2) Any terms and conditions which you include in any purchase order, confirmation of the order, or other document are expressly excluded.

(3) If any provision of the EU/UK Terms of Purchase is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the EU/UK Terms of Purchase, which shall remain in full force and effect.

(4) No waiver of any term of the EU/UK Terms of Purchase shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the EU/UK Terms of Purchase shall not constitute a waiver of such right or provision.

A. 9. INDEMNIFICATION.

You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to your breach of these EU/UK Terms of Purchase. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if required, you will allow us to participate in the defense and will not settle any such claim without our prior written consent, and you will have no further obligation to defend us in that matter.

A. 10. APPLICABLE LEGISLATION AND JURISDICTION.

(1) These EU/UK Terms of Purchase are governed by and construed following the laws of the UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(2) We both agree to submit to the non-exclusive jurisdiction of the courts of the UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these EU/UK Terms of Purchase in the UK.

A. 11. COPYRIGHT INFRINGEMENT.

We respect the intellectual property rights of others just as we expect others to respect ours. You are encouraged to send an email to us if you believe that any content on the Company's website or any of its links violates your copyright at: legal@luexco.com.

A. 12. BUSINESS TRANSFERS

If the Company or substantially all of its assets, were acquired, or in the unlikely event that the Company or its affiliates go out of business or enter into bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of the Company may continue to (I) use your personal information as outlined in the Agreement and our Privacy Policy, and (ii) to communicate with you to the extent the Company was permitted to do. For more information, please see our Privacy Policy.

A. 13. CONTACT US

We welcome any questions or comments regarding our privacy practices or these EU/UK Terms of Purchase. You can email us whenever you want at info@luexco.com, or feel free to reach out through our chat feature.

B. 1. PRICE AND PAYMENT.

(1) All prices include the applicable VAT and any other taxes (where applicable). All prices are exclusive of delivery charges. Delivery charges are also specified individually for your order within the checkout process. The total cost of the order is the price of the products ordered and the delivery charge.
(2) Prices may change at any time, but changes shall not affect the orders we have confirmed, as described under section B. 2. ORDER PROCESS below.
Price Adjustments: We do not allow price adjustments. 
B. 2. ORDER PROCESS.

(1) Our display of products via the Site or the App is a non-binding offer. Once you have selected an article that you wish to buy, it will be added to your shopping basket ( "Shopping Bag" ). You must proceed through the purchase process, indicating or verifying the information needed at each step to process the order and make the payment. Additionally, you can change the details of your order at any time during the checkout process before making a payment. However, to do so, you may be required to sign into your account or register with us, provide a shipping address, choose a payment method, and choose a shipping option. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.

(2) You may use the payment methods specified on the local Site, which may include Visa, Mastercard, American Express, Discover, Diners, etc. We also accept Shop Pay, Shop Pay Installments (by Affirm), Amazon Pay, PayPal, Venmo, Apple Pay, Google Pay, and Meta Pay. Depending on the method you select, you might be asked for additional information or directed to the payment provider's website to verify your status as an authorized user before you can place an order.
When you click "Buy Now", Pay Now, "Place Order" or similar terms, you are confirming that you are the authorized user of the payment method, and that, if applicable, the credit card is yours. If the payment provider, e.g. the credit card issuer, does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

(3) Once you have finished the payment process, you can place an order by clicking the "Buy Now" or "Place Order" button, submitting an offer to us to buy (all) the product(s) in your Shopping Bag (your "Order" ). If you are a registered user, a record of all the orders placed by you is available in the "My Account" area of the Site or Apps.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction.

(4) We will then process your Order and send you a message to the email address you provided at checkout confirming receipt of your Order and containing the details of your Order ( "Order Confirmation" ). The Order Confirmation and/or the charging of your credit card or other payment method is confirmation that we have received your Order.

(5) Our acceptance of your order and completion of the contract between us will take place when we dispatch the product(s) to you. Your card will be charged at the time of order unless you selected a pay later service (which is only available in certain countries) in which case your card will be charged at the time of shipment. If you select online banking, your placing of the order contains the debit mandate to charge your account.

B. 3. ERRORS.

(1) When registering as a user of our Services, if you discover that your personal information was entered incorrectly, you can correct this on our website in the "My Account" section. You will also have the option to contact us and exercise the right to rectification set forth in our privacy and cookie policy through our Site and Apps to fix mistakes relating to the personal data you provided during the purchase process. In various sections of the checkout process, the Services display confirmation boxes that prevent the order from proceeding if the information is incorrect. Further, the Services provide a list of all the items you added to your shopping cart during the checkout process, allowing you to edit the specifics of your order before submitting payment.

(2) If you detect an error in your order after the completion of the payment process, you should immediately contact us at: Customer.Support@Luexco.com, or use our chat feature to communicate the error for correction.

(3) We make every effort to provide accurate product and pricing information, typographical or pricing errors occasionally happen. We cannot confirm the price of an item until after you order. We reserve the right, at our sole discretion, to refuse or cancel any orders placed for a product if it is listed at an incorrect price or with incorrect information due to an error in pricing or product information. If an item's price is incorrect, we shall have the right to contact you for further instructions or to cancel your order and notify you of such cancellation. In the event that an item was mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such.

B. 4. CUSTOMS.

When using our Services, including making orders for products, you agree to and shall provide valid and accurate data and comply with all applicable laws. All consignee names, addresses, and payer names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is your sole responsibility that the data you provide to us is complete and accurate. We shall not be liable and shall not provide any compensation if any information provided by you is incomplete or incorrect and prevents any shipments, deliveries, or customs clearance.

For the purchase orders you made through our Site, with an intrinsic value equal to or lower than 135 pounds, you will be the importer of record for the importation of products into the UK. Where you are the importer of record, and to the extent permitted by applicable law, you hereby authorize Company and its affiliates to act as your agent to pay any duties and taxes payable, make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. You authorize the Company and its nominees and/or subagents as may be appointed from time to time to act as your customs broker, at all places in the UK. This power of attorney includes the power to make and receive service and deliveries, request refunds of any levies, taxes, and fees relating to the importation of goods, conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts, and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables, and documents and/or deeds. It also includes the right to instruct customs agents in your name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country, and any levies, taxes, and fees relating to the importation of goods. For the purchase orders you made through our Site, with an intrinsic value over 135 pounds, Luexco LLC will act as the importer of record for the importation of products into the UK if applicable.

B. 5. Colors.

We have done everything in our power to ensure that the colors of our products that appear on the Services are represented as accurately as possible. We cannot, however, guarantee that your monitor will accurately display any color because the actual colors you see will depend on your monitor.

B. 6. Packing.

Unless otherwise provided, we will only adhere to minimal packing requirements for the chosen mode of transportation. You are responsible for covering the cost of any specialized packing, loading, or bracing that you request. The handling charge (i.e. costs incurred by us for auxiliary services directly related to the transport such as labor costs related to the assembly of goods in the warehouse, packing products into boxes with the proper packaging materials, creating a shipping label, loading the shipment onto a truck, and other services related to the transport) will also be covered by you. These costs will be displayed to you upon checkout.

B. 7. SHIPPING & DELIVERY.

We ship from various warehouses located in different countries. Depending on stock levels, we reserve the right to divide orders containing multiple items into different packages. Orders are delivered as quickly as possible. Deliveries, however, might take longer occasionally during busy sale times. According to the information given during the order process, the delivery period can be extended if it is shipping from a country other than the UK or if it is outside of the expected 30-day window. 
Please get in touch with our Customer Support Team Monday-Friday 9 am-5 pm (ET) via our live chat feature on the site or by emailing us with your order number at Customer.Support@Luexco.com if you haven't received your delivery after 30 business days.

B. 8. Title and Shipment.
  • Unless agreed otherwise, shipping will be made to the delivery address indicated by you.
  • For the purchase orders, you made through our Site, with an intrinsic value equal to or lower than 135 pounds, the title and risk of damage or loss of purchased items transfers from Luexco LLC (Us) to you as the respective customer once the items are loaded onto the international carrier outside of your country.
  • For the purchase orders, you made through our Site, with an intrinsic value over 135 pounds, the title, and risk of damage or loss of purchased items transfers from Luexco LLC (Us) to you as the respective customer upon completion of the import customs clearance into the UK.
  • In the event that a product is damaged or lost during delivery of your order by the carrier to your delivery address, we will, at our discretion, either deliver to you a replacement item identical to the one that was lost or damaged (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms and conditions as stated herein) or reimburse you for the purchase price and shipping costs paid (provided that the shipping cost did not increase).
B. 9. WARRANTY AND RETURN OF PRODUCTS.


If you are a consumer residing in the UK, you may have statutory warranty rights. Notwithstanding such statutory warranty rights or your possible right of withdrawal pursuant to Section B.10, wrong-size items and quality problem.

You may return your order up to 30 days from the purchase date by notifying us of your decision to do so. Based on the reason for the return and return inspection, we will either refund you the purchase price and shipping cost to the original method of payment, or in the form of a Luexco Gift Card in the case of buyer's remorse (changed my mind) or size-related return. 

How to Return:

Notify us by using our chat feature, or by emailing our Customer Support Team of your decision to make a return. The more details that you provide us regarding your request for a return, the better. This information not only helps us understand your problem in more detail but also helps us to correct issues going forward.

We strive to ensure that the quality and integrity of our products and product details are aligned with the expectations of our customers. If the product or item that you purchased on our site did not meet your expectations for one reason or another, you can contact us to initiate a return by following the procedures below, by contacting the Luexco Customer Support Team by email, or through the live chat feature on the website home page.

At a minimum, you will need to provide the following when requesting an RMA:

1.) Proof of purchase and your reason for the return,

2.) Your order#,

3.) Name and address that the order was placed under,

3.) Pictures of the product and/or packaging may also be required to validate the RMA.

RMA: 

We will review and respond to your request for a return authorization within (17) business days. Once your RMA request has been processed by our Customer Support Team, we will provide you with your RMA number and the address of our return facility.

Return Grace Period
Any items to be returned to our facility (upon being provided RMA#), must be post-marked for delivery to our warehouse no later than (7) days from the time that we issue an RMA to you!

We are not responsible for refunding any returns that are not post-marked by the end of the (7) day grace period.

Important! Do not send any products to the return address present on your original delivery packaging!

When returning a product to us, you are responsible for:

A.) The cost of return postage of the product to our facility and in selecting the most economical, reasonable, and trackable method of transport that is available to you when you return a product or item to our facility,

B.) The care of the products while in your possession (from the time we have successfully delivered the items), and

C.) The safe arrival of the return package to our facility, ensuring that the return confirmation is contained inside the return package with the RMA# clearly noted on the outside of the return package. Our return facility is located in the USA, so your cost to return the items will largely vary depending on your location.


D.) Obtaining a copy of the return postage receipt and/or delivery confirmation from your carrier that includes a tracking number. You may be required to provide us with a copy of this information in order to approve your return (or refund) so please ensure the safekeeping of this information until your return and/or refund has been finalized.In the case of a damaged or faulty product return, this receipt will also be required for us to reimburse your portion of the return shipping costs, upon conclusion of our inspection of the faulty or damaged product return.

E.) You can only send us the product(s) for which we have provided you a return authorization number (RMA)!

F.) We will not be liable for any items that are sent to us by mistake.

G.) Any items that you return to us will be sent at your own risk and cost and you will also be agreeing to the separately posted Terms and Conditions and Privacy Policy.

H.) Luexco may limit returns if we believe a customer may be abusing the return policy.

Reasonable Care: Products must be returned in their original condition. Luexco reserves the right to refuse returns of items that appear used, or have been worn, are not in good condition or are without tags. We may reduce any refund due to you to reflect any reduction in the value of the product due to how you have handled the product. We are not liable for any damage that may occur due to faulty packaging while it is in your possession and in transit to our facilities.

All items eligible for return must be unworn, unwashed, undamaged, and with the original packaging and tags attached.

Normal Wear and Tear/Negligence: We will not be liable for any flaw in the product that results from normal wear and tear, your failure to follow specific care instructions, willful damage, unusual storage, an accident, your negligence or the negligence of a third party, or any alterations or repairs that you or they have made. 

Restocking Fee: Buyers' remorse and size-related returns are subject to a Twenty-Five percent (25%) restocking fee that will be deducted from the total refund. We go to great lengths to provide product size and dimensions in addition to providing a guide on how to take your measurements published here.

The following items cannot be returned or exchanged pursuant to our return policy: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and blankets).

(2) To exercise your statutory warranty rights or make use of our return policy, you must inform us by following the instructions on our Return page or contacting our Customer Support Team at: Customer.Support@Luexco.com,

Return Inspection Period:

Once we receive the returned products, we will inspect and assess the products and let you know within a reasonable time frame of our determination.
We will normally process the refund within 30 days from the day we have confirmed to you that you would be entitled to a defective product refund. This would also include the refund of reasonable delivery charges that you incurred by returning the item to our return facility. Therefore, you are responsible for choosing the most economical, reasonable, and trackable transport method that is available to you.

If upon inspection, we determine that the goods are indeed faulty or damaged and that you are entitled to a full refund that would include your return shipping costs, please understand that we will only be entitled to refund no more than what we would be quoted for the most economical and trackable shipping method available in your region.

We will not be responsible in any case to refund your portion of the return shipping costs without proof and receipt of postage. Therefore, it is important that you hang onto this information until the return process has been finalized and your return has been approved post-inspection, of which, you will be notified.

B. 10. RIGHT OF WITHDRAWAL.
In addition to your right under our return policy, if you are a consumer residing in the UK, you also have the following statutory right to withdraw from the Agreement.

The statutory right to withdrawal does not exist or lapses, as the case may be, in the case of Agreements regarding the supply of sealed products that are not permissible for return due to health protection or hygiene reasons (e.g. bodysuits, lingerie & sleepwear, swimwear) and which were unsealed after delivery.

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you (other than the carrier) acquires, physical possession of the goods.

You must give us clear written notice of your decision to withdraw from this contract to exercise your right. You may do so by emailing our LUEXCO Customer Support Team at Customer.Support@Luexco.com. While you are not obligated, you are welcome to use the sample withdrawal form that is attached below.

TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you, all payments received from you, including the costs of delivery (with exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial purchase unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the costs of returning the products.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Model Withdrawal Form

If you reside in the European/UK Region:

1. To: LUEXCO LLC, 648 EFFIE DR., LAWRENCEVILLE GEORGIA-30045
2. I / we (*) hereby give notice that I/we (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
3. Ordered on (*) / received on (*):
4. Name of the consumer (s):
5. Address of the consumer (s):
6. Signature of the consumer (s) (only for notification on paper):
7. Date:

(*) Delete where inapplicable

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