Terms & Conditions

Terms and Conditions

[Regulating the use and operation of services of Luxe Marché; serving as the legally binding contract between Luxe Marché and its listed stakeholders]

as approved by the Full Board Meeting of Boutiquery Online LLP (Luxe Marché) on June 20, 2023

Copyright Infringement Caution:

Note that this document and its contents are Copyright protected. Copying of this document in full or in part(s) shall be a punishable criminal offence while also attracting civil liabilities.

Preamble

Luxe Marché, with a vision and mission to be the world’s largest and the finest luxury re-selling platform intends to set out these Term and Conditions to streamline the expectations between itself and the stakeholders. The clauses of this document must be interpreted in good faith in accordance with the laid down cannons of contractual and statutory interpretation.

If you have any questions or comments about these Terms and Conditions, Luxe Marché, website or any associated service, please send an email with the subject line "TOS Query" to luxemarchebusiness@gmail.com.

PART A: Introductory Clauses

Meaning, Scope & Jurisdiction

These Term and Conditions (“TCs”) listed in this document details out the Terms of Service (“TOS”) take effect from June 15, 2023 as per the official decision of the Full Board Meeting of Boutiquery Online LLP (“Luxe Marché”) for all the existing and upcoming customers.
Boutiquery Online LLP is the sole owner and proprietor of www.luxemarche.in, the website ("website/Site") of the brand LUXE MARCHÉ (“LM”), covering all registered domain endings, such as ".com". Luxe Marché provides its services and anything related to those services to you subject to the terms and conditions ("Terms & Conditions") detailed herein.
Luxe Marché also provides its services on its official Instagram page @luxemarcheindia and WhatsApp channels as an extension of its parent website related services. All those services extended to you through our non-website channels are also covered within the TCs listed herein.
By using our website and Instagram page, application and services, you confirm that you are either at least 18 years of age or are accessing the website and its services under the supervision of a parent or legal guardian.
Before you may begin to use the website and other channels, you must read and understand all of the TCs mentioned in this legal document. These TCs are effective the moment you begin to access and use our services.
It is implied that upon usage of our services on the website and other channels, you have consented to these TCs in this document.
Use of any functionality of the website or other channels, makes you a user ("User/Client/Customer/Patron") and constitutes your acceptance of these TCs and all the applicable laws.
If TCs in this TOS are found to be in conflict with any other document, the TCs will prevail for the purposes of regulating the relationship between the User and LM.
If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the website in any way.
Individuals who did not register their e-mail address on the website might not be able to access or use all the information and functionality presented on Site. For avoidance of doubt, such individuals are also considered a "User".

Jurisdiction and Procedure

In case of a civil dispute, the first forum of redressal shall be arbitration in accordance with the arbitration laws of India.
Luxe Marché and the other party shall first approach the dispute through a cordial, good faith negotiation in order to resolve the matter.
In case the negotiation is inconclusive, a sole arbitrator shall be appointed by Luxe Marché and the other party jointly agreeing upon a name. The process of appointing this sole arbitrator shall be agreed upon by the parties during the negotiation stage.
The cost of litigation and the arbitrator shall be borne by the party that loses the dispute.
The seat of arbitration shall be Chandigarh, India.

General Terms

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
From time to time, Luxe Marché may offer special promotional offers, which may or may not apply to your Luxe Marché account or transaction. You agree to be bound by any additional terms and conditions for these special offers.
The laws of The Republic of India will govern this TOS and the relationship between you and LM.
The failure of Luxe Marché to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Luxe Marché does not guarantee it will take action against all breaches of this TOS.
Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.
This TOS constitutes the entire agreement between you and Luxe Marché and governs your use of the Site, superseding any prior agreements between you and Luxe Marché with respect to the website, all other channels, all the services given by Luxe Marché and its employees.

Country of Domicile

LM, the website and all the other channels are owned and represented by Boutiquery Online LLP having its registered office and place of business at #2878, Sector 61 (Phase 7), SAS Nagar, Punjab, India ("India").

Laws and Jurisdiction

These TOS are governed by and construed in accordance with the law that is applicable in India.

PART B: Clauses Specifying the Terms of Service

Description of Services

In the site and through its associated channels, Luxe Marché provides users with access to sales of lifestyle, fashion and luxury products and services online (the "service"). You are responsible for obtaining access to the site, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the site.

License and Site Access

LM grants you a limited license to access and make personal use of the Site and the Service.
This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in LM’s sole discretion) an unreasonable or disproportionately large load on LM’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by LM to prevent or restrict access to the Site.
Any unauthorized use by you shall terminate the permission or license granted to you by LM along with the additional criminal and civil proceedings.

Account Registration

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of India or other applicable jurisdictions.

You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Luxe Marché has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luxe Marché has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session.

You agree to notify Luxe Marché immediately of any unauthorized use of your account or any other breach of security.

Luxe Marché reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Disclaimers

All contents, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Luxe Marché does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Luxe Marché, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site (d) any technical or human errors that arise from software, tech, IT (Information Technology), bug, malware, virus attack, hack, not limited to these unforeseen situations which may or may not result in inaccurate content, pricing (Luxe Marché pricing) and original retail price, description, etc.
Other than as required under the applicable consumer protection law, under no circumstance will Luxe Marché be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
All promotional dates refer to the current year, unless otherwise stated.

Limitation of Liability

You expressly understand and agree that Luxe Marché and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if Luxe Marché has been advised of the possibility of such damages), resulting from use of the site, content or any related services.

Indemnity

You agree to indemnify and hold Luxe Marché (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including any attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of India. India is our country of domicile all such and other related purposes.

Related to Payments

We accept payments via Visa, RuPay and MasterCard credit/debit cards, Cash on Delivery, PayPal, Bank Transfer and other wallets as applicable.
The payment options of Cash on Delivery, Credit Cards, Pay Pal and other such modes if opted for will involve any additional charges to be borne by LM shall be charged to you in your invoice.
Those charges shall be calculated at the time of your transaction depending on the actual expense LM may have to bear. The nature of these charges remains dynamic from the end of the financial partners.
Any other limitations/conditions/inconveniences related to a specific mode of payment (as per the sole judgement of LM) shall be communicated to you at the time of the transaction.
Cash deposits are accepted for an additional 1% charge on the amount of actual cash deposited and it is accepted subject to details of PAN card of the buyer, as required by the laws of the land.

Electronic Communication

When you use the website or send emails to Luxe Marché or communicate through any other channel of LM, you are communicating with Luxe Marché electronically.

You accordingly consent to receive communications from Luxe Marché electronically.

Luxe Marché will communicate with you by email or by posting notices on the Site.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or verbally during the client interaction conversations satisfy any legal requirement that such communications may need to fulfil. Thus, rendering these communications official and legal which can be used as an evidence if any future dispute arises.

Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Luxe Marché is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, Luxe Marché may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings.
You understand and agree not to use any functionality provided by the Site to post content or initiate communications on the Site or any other channel like Instagram, WhatsApp etc. that contain:

any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil or criminal liability or otherwise violate any applicable local, state, national or international law.
Advertisements or solicitations of any kind.
Impersonate others or provide any kind of false information.
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
Messages by non-spokesperson employees of Luxe Marché purporting to speak on behalf of Luxe Marché or containing confidential information or expressing opinions concerning Luxe Marché.
Messages that offer unauthorized downloads of any copyrighted or private information.
Multiple messages placed within individual folders by the same user restating the same point.
Chain letters of any kind
Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
This prohibition includes but is not limited to:

Using Luxe Marché invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
Using Luxe Marché to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission;
Sending messages to distribution lists, newsgroup aliases, or group aliases.

Immunity from Liability Arising Out of Third Party Weblinks

The Site or third parties may provide links to other World Wide Web sites or resources. Because Luxe Marché has no control over such sites and resources, you acknowledge and agree that Luxe Marché is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Luxe Marché shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Access To Password Protected/Secure Areas & Access by Minors

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.
Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Minors under the age of 18 shall are prohibited to register as a user of this website and are not allowed to transact or use the website, except for use under the supervision of their legal guardian/parent.
As stated above already in this TOS, if you are under the age of 18 years of age and are using the website or any channels of LM, you acknowledge and undertake via this TOS acting as a legal contract that you are using this service of LM under the supervision of your legal guardian/parent.

Regarding Any Promotions/Vouchers/Offers/Coupons etc. (for both buyers and sellers)

LM keeps announcing interesting and beneficial offers and promotions on its website and other channel to promote sales. All these announcements in the form of any offer in the name and nature of promotion, code, voucher, offer, sale, discount (inter alia) may be referred to as ‘vouchers’ in this provision.
This section of Clause 17 and its sub-clauses applies to both buyers and sellers (in their meaning as explained in this document).
In addition to the TCs listed in this TOS, any such voucher shall entail all such conditions and guidelines as may be notified along with that voucher on our website and other channels.

Buyer/Seller can redeem only one voucher against one order.

Luxe Marché does not allow redeeming more than one voucher for one transaction.

Validity and offer of the voucher applicable per transaction are dependent on the TCs published on the voucher.

Luxe Marché reserves the right to withdraw and or amend any voucher without prior intimation to the buyers.

Luxe Marché may conduct social media competitions or giveaway. Winners of such competitions or giveaways are selected as specified under the terms of use of the respective competition. Luxe Marché reserves the right to not disclose the details of the participants of the competition.

The results of any such competitions and contests will not be discussed by Luxe Marché. Luxe Marché holds the right to not disclose any such information. The participants to such competitions do not hold the right to contest or question the results in any way.

Regarding Categorising and Labelling of Items into Different Grades of Usage/Wear & Tear Condition

LM deals in the business of buying and selling of pre-loved luxury items. These items have had their first owners and may have been used by them with varying degree of care and wearing.
In order to accordingly inform the buyers and sellers, LM categorises each item in a specified ‘usage condition category’ (“UCC”).
Users and sellers, by way of this binding contract, agree to let LM exercise its sole, independent discretion to determine the UCC of each item. No other judgement will be material to that determination.
Users and buyers agree that the UCC determined by LM shall not be contested or disputed in any way.
LM undertakes that it will strive its best to exercise the most informed wisdom while determining each item’s UCC.
By the internal policy of LM, there are these following UCCs that will be allocated to each item. Each UCC listed here carries with itself an indicative brief on the item characteristics that it will be based on.

‘Brand New’: where the item shows absolutely no signs of usage.
‘Like New’: where the item shows no major signs of usage and that it may have been sparingly/rarely used by the first owner but with extreme caution. There is no tear, fading, damage or staining on any part of the leather or metal.
‘Pristine’: where the item carries minor signs of usage but has an overall clean condition. The signs of usage cannot be seen from the front of the item. With no major scuffs, handbags and accessories may show wearing such as lightly worn corners and hairline scratches on the hardware.
‘Gently Used’: where the item shows moderate signs of usage and may show moderate scuffing on the leather. The inside linings of the item may also show signs of wearing or usage.
‘Fairly Used’: where the item shows heavy signs of usage on the surface with significant scratches on the hardware.

Modification and Notification of Changes

Luxe Marché reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. This TOS and the Privacy Policy will accordingly be updated on the website.
You are advised to inform yourself of these updates that may be made on your volition before any fresh use of our services. LM may or may not notify you or the public of any such updates by making an announcement.
If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.

Trademarks & Copyrights

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Luxe Marché and other relevant parties.
Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Luxe Marché or such third party which may own the Marks.
All information and content including any software programs available on or through the Site or on any other LM related channel ("Content") is protected by copyright.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for personal, commercial or public purposes.
Luxe Marché is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of Luxe Marché.

Procedure for Claims of Intellectual Property Infringement

Luxe Marché respects the intellectual property of others, and we ask our users to do the same.
Luxe Marché may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
If you (as a user, other brand or any other third party) believe that your intellectual property rights have been copied in a way that constitutes an infringement, please provide Luxe Marché's Concierge email address (available on the website under ‘contact us’) the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and email 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 oath and informed of the penalty for perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on any party will survive the expiration or termination of this TOS.

PART C: Terms for Buying & Buyers

General Clauses Regulating Buying by Any User

This section constitutes a binding agreement between the User (hereafter

within these Buying Terms "Buyer") and Luxe Marché.

Reiterating the provision already explained in the abovementioned text, Luxe Marché is in no way associated with the brands that it sells.
The Buyer wishes to purchase certain items ("item") as may be displayed and described on our Website/App and/or any other channel. It is the sole discretion of Luxe Marché to display or remove the displayed item depending on its availability or non-availability.
Luxe Marché is not liable to inform or alert the Buyer before removing or adding such an item.
Luxe Marché wishes to sell the item on behalf of a seller, subject to the buyer agreeing to the following Buying terms and conditions:

Buyer acknowledges that Luxe Marché's authentication process is in-house and independent of any brand association of any kind or nature. Brands mentioned on the Site are not involved in the authentication of Item being sold and none of the brand owners or sellers assume or own any responsibility for any Item purchased through the Site.

As a courtesy to the Buyer, Luxe Marché may or may not provide descriptions and condition description of the Item on site and through other direct or indirect, online or offline means of communications.

Buyer should note that descriptions of Item are not warranties and that each Item is sold ‘as is’.

Buyer opting for the payment option of ‘Reserve & Pay’ agrees to abide by the terms applicable to this payment option (as listed in the relevant section below).

Buyer cancelling an instalment order has to contact Luxe Marché via email at the email provided on the website under ‘contact us/ option, mentioning the wish to do so.

Guaranteed Authenticity with Money Back Commitment

Luxe Marché assures item authenticity and offers a money-back guarantee for inauthentic items. However, we are not liable to refund for modifications in items from the seller’s end. More details on this money back guarantee are mentioned below.

Terms for ‘Reserve & Pay’ Payment Plan

In order to facilitate easy paying option to its buyers, LM provides an option of ‘Reserve & Pay’ (‘R&P Plan’) plan to its buyers. This RP Plan is a facility where the buyer can pay a booking amount and complete the rest of the payment in the following weeks to buy the product. The product will be reserved during this time period for the said buyer.
To begin with, the buyer must inform LM through an email or any other communication the intention to opt for the R&P Plan.
The buyer must then pay at the least 10% of the final price of the item following which the item will be kept reserved for the said buyer.
The buyer must share with LM a tentative payment plan to make the rest of the payment. There are three options for the payment plans: 4 weeks, 8 weeks and 12 weeks. The buyer must specifically confirm to LM the number of weeks that are being chosen as the payment plan and the number of instalments the buyer would wish to make during that payment plan.
The payment plan once confirmed must be complied with by the buyer. The buyer is free to complete the payments earlier than the expiry of the chosen payment plan.
The item shall be dispatched to the buyer whenever the complete payment mentioned on the invoice is completed.
Any failure to either comply with the planned instalment, planned payment plan or any other conditions a listed herein, LM will reserve the right to cancel the purchase of the said item after notifying the buyer and with no liability to offer any kind of refund (in cash or otherwise).
The decision not to act against the buyer shall solely rest with the LM management.
The LM reserves the right to cancel and modify the conditions attached to the R&P Plan. In case those modifications affect any ongoing R&P Plans opted for by any buyer(s), they shall be given complete refund of their money.

Regarding Product Descriptions

Luxe Marché attempts to be as accurate as possible with regards to the product descriptions mentioned on the website and any other channels. However, Luxe Marché does not warrant that product descriptions, titles, attributes, specifications, price or other content or any other information related to the product(s) are accurate, complete, reliable, current, or error-free.

Luxe Marché holds ownership in the way the titles or content are laid out, arranged and standardised.

Regarding the Pricing of Products

Estimated Retail Price: The "estimated retail price" is an estimate/guess/judgment based on research from the brand's main site or other competitive sites. The buyer agrees that Luxe Marché, in its sole discretion, will determine the initial estimated selling price for the item (the "Estimated Retail Price"), based on its evaluation of the item together with its determination of the current market price.

Luxe Marché Price: "Luxe Marché Price" means the decided selling price of a product which is a result/consequence of a binding agreement between the seller and Luxe Marché. We regularly check estimated retail prices against prices recently found on Luxe Marché and other retailers. Certain products may have a "Was Price" displayed when the item goes on sale, which is determined using the recent price history of the product on Luxe Marché Website/App.

With respect to items on sale on Luxe Marché: we cannot warrant the price of an item until your order is confirmed by us. Despite our best efforts, a small number of the items in our catalogue may be mis-priced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation and the refund thereof. Luxe Marché is not liable to contact the customer for any item that is priced incorrectly.

Regarding the Delivery of Products

Luxe Marché generally does not confirm and ship the order until after we have received approvals from our third-party Partner authentication services who verify your credit card details and account.
Luxe Marché may be unable to successfully deliver items because of a mismatch in live inventory listings with our partners. In such cases, Luxe Marché may cancel such orders if an item is unavailable or damaged/found in a poor condition, and make a full refund if the order has been paid for.
The placement of an order does not guarantee delivery of an item.
Luxe Marché is not liable for delay in the delivery of orders because of any issue related to logistics, weather, law & order, address or any other aspect that may result in a delay.
In case the regulations in some territories prohibit the sale or importation of items made with exotic materials (e.g. crocodile skin), LM reserves the right to deal with the situation as may be necessary. Please contact the Luxury Concierge for more information.
The processes of LM ensure that every package that is packed to be delivered to a buyer is packed with full quality check and care. In case the buyer discovers any damage to the product upon receiving the delivery of the item, the liability of LM is limited to the extent of the insurance covered for the said item. The user shall proceed with any action against the courier company in that instance.
For such instances, the buyer must shoot a video (with a visible date and time stamp) of the unpacking of the said package and send it to LM immediately.

Related to Packaging by Luxe Marché: Community Sourced Sustainable Packaging

LM is the world’s first and only luxury re-seller to use 100% community sourced, sustainable packaging materials in its packing of items that are sent to the buyers. LM uses negligible amount of virgin plastic and paper in its packaging.
Through this binding agreement, the buyer agrees to this packaging policy whereby LM will package and dispatch the items purchased by the buyer in packaging materials that are not new and virgin.
The packaging material that is used by LM is sourced from the local markets, brought to the warehouse, sanitised and fortified for strength (wherever needed) and then used for packaging.
This is a real-world contribution to the fight against waste causing, generally polluting, ocean degrading plastic and paper usage. LM re-uses a lot of packaging material that otherwise would have gone to the ocean and the dump-yard.
Each buyer hereby agrees to this packaging policy and that their purchase in a way makes contribution to the fight against climate crisis.
LM reserves the right to amend this packaging policy without any notice given to the buyer.

Related to the Item Returns

LM will accept cancellations/returns on selective items. LM reserves the right to consider some/any item(s) as non-returnable.
Any item sold on a negotiated price or paid for by way of R&P plan or in two or more instalments are not eligible for a return. Items delivered on COD are also not eligible for a return.
For the items deemed as returnable by LM, we have a ‘same-day-9pm’ return policy. This means that the buyer must raise the return request, if eligible, by 9pm (Indian Standard Time) on the day of the item delivery (based on the delivery mentioned in the tracking of the same courier.
The buyer must raise this return request either by sending an email or by writing to the WhatsApp number of Luxe Marché Luxury Concierge.
The reasons for an eligible return can only be:

That the item condition does not match the condition mentioned on the website or as communicated to the buyer by LM through any other channel.
That the item was found damaged upon delivery.

For both the reasons to be accepted legitimately, the buyer must shoot a real time (with a visible time and date stamp) of the unpacking of the purchased item. In this video, the mis-match of the condition or the said damage must be clearly visible and legible.
Failure to comply with any of these requirements will render the return request as ineligible.
Upon the approval of the return request, LM will arrange for a pick-up of the said item from the buyer. The buyer agrees to fully cooperate for the careful packaging and dispatch of the said item.
Item must be returned undamaged in the original condition it was received, with Luxe Marché packaging including: original papers, original packaging, and tags still attached.
An Hermes Birkin bag and an Hermes Kelly Bag of any style or variation, range price and dimension cannot be returned for any reason claimed or unclaimed; prior or post to placing the order and delivery.
Any item of fine jewellery or a luxury watch above the selling price of Rs. 5,00,000 cannot be returned for any reason claimed or unclaimed; prior or post to placing the order and delivery.
The buyer hands over the item to the designated courier as booked by Luxe Marché for the respective collection. Luxe Marché shall not be liable for any loss and/or damage to the Items shipped via any other courier/post.
Items that are marked as ‘No returns on this item’ are final sale items. Once purchased, such items cannot be returned.

Related to Refunds and Store Credits as ‘LM Cash”

Returns that meet the requirements mentioned above in the judgement of LM are eligible for a refund in the form of store credits called ‘LM Cash”.
Upon receiving the item back from the buyer and upon completing a successful quality inspection by LM, the buyer will be issued store credits in the form of ‘LM Cash’ of the value equal to the price paid by the buyer minus Rs. 2000/- as the courier charges. As an illustration, if the price paid by the buyer is Rs. 1,00,000/-, upon a successful return request that meets all the conditions and the quality checks by LM, the buyer will be issued ‘LM Cash’ of Rs. 98,000/-.
This LM Cash will be notified to the buyer over an official email from LM.
This LM Cash can be used by the buyer to make any purchase or group of purchases of the same value in totality.
The validity of this LM Cash is for a lifetime. LM Cash issued in pursuance of a successful refund, never expires.
The buyer simply has to notify the LM Concierge team of his intention to utilise the allotted LM Cash.
You hereby agree and understand that LM does not give any refund in the form of a money or cash transfer. LM Cash is non-transferrable. This refund is only in the form of LM Cash.
In case of any additional logistical charges that may be incurred for the said return of the buyer’s purchase, such expenses borne by LM shall be deducted from the buyer's refund as the LM Cash.
Luxe Marché shall deduct the shipping costs and any other expenses paid towards a return shipment due to failure of delivery in the event of the buyer being not contactable and/or to receive the delivery.

Lifetime Guarantee of Authenticity

Luxe Marché does not warrant, represent or undertake the quality of the goods and items sold.
Luxe Marché offers a lifetime authenticity guarantee for all items sold on our platform. In case of a rarest of the rare event of a sold item found and proven to be inauthentic, the buyer will receive a 100% refund including the cost of the return shipment.
In such a case of any sold item found as a counterfeit by the buyer, the said buyer must contact the LM Concierge immediately with the third-party authentication proof of such authentication having been undertaken.
LM will verify the veracity of such authentication and upon having been satisfied that the item is indeed a counterfeit, a complete refund shall be issued to the buyer.
This refund shall be in the form of money transfer of the value equal to the price paid by the buyer.

Goods & Services Tax (GST) of 18%

The services rendered by LM come under the purview of the GST regime within the slab of 18%. Luxe Marché has to follow the rules and obligations for GST set by the Government of India.
The relevant application of GST on the commission will reflect on the final invoice and shall be paid accordingly by the buyer.

Import & Admin Charges

In case any of the Luxe Marché items are shipped from or to any other country, such a transaction will attract the application of the relevant Customs Duty on import or export of items. Hence, all international deliveries from Luxe Marché are subject to import and administrative charges.
These import and administrative charges are not included in the item price and are to be paid by the buyer at the time of delivery.
Buyers are liable to check duty rates for their own country. We suggest that you get the relevant information from Internet to get an estimate of the applicable Customs Duties & Taxes in your country.
Customs duty on orders placed via credit card (CC), PayPal, and Apple Pay are collected by the courier partner directly at the time of Customs clearance.

Payment Methods

Luxe Marché provides all possible payment options for our customer's convenience. Cash on Delivery (COD), Credit Card (CC), PayPal, and third-party payment services, being some of them.
Please note some payment methods might be unavailable for specific destination countries, specific products, or customers.
In certain cases, for payments, we might get in touch with you to request for additional personal documents, such as a passport copy or ID card, in order to confirm your order. This is required to verify the identity of the buyer and protect the cardholder against any possibility of fraudulent payments.
Luxe Marché has the right to suspend or terminate the payment options available on your account and refuse any and all current or future use of the payment options available on the site (or any portion thereof).
Luxe Marché is not liable or bound to inform or send specific communication to the user regarding the changes on the website (or any portion thereof). The user is responsible to get in touch with Luxe Marché in order to get the payment options confirmed.

Regarding LM Cash

LM Cash is a cashback reward that the buyers of Luxe Marché earn on the purchase of select merchandise. It’s a loyalty program through which the company endeavours to reward customers for shopping with us. Buyers can use the earned LM Cash while shopping for selected products at Luxe Marché.

This reward plan, whenever, will be applicable and operational, will be notified on the website at the time of buyer’s purchase. If not notified at that moment of purchase on the website, it should mean that the reward programme is not on offer.
Please note that every LM Cash amount earned against the purchase of a product comes with an expiry period set by Luxe Marché. Post the validity period, buyers will not be entitled to redeem any of the expired LM Cash.

Regarding Luxury Watches

All watches sold on Luxe Marché have been vetted authentic and are in a good working condition on horology standards. Luxe Marché clearly mentions the inclusions and item condition under the product details/condition section. Any modifications like aftermarket diamonds and modified straps are clearly stated under the Product Description section. Luxe Marché does not cover such modified watches under the warranty policy. The authorized service centres or brands will not recognize these modified watches and the resale value of such watches should not be compared to non-modified watches.

The buyer is liable to read the warranty clauses mentioned in the ‘Warranty and Returns’ section of the product.

PART D: Terms for Consignment & Consignors

General Terms for Consignor and Seller

‘User’ for the purpose of this section is the user who submits the item(s) to LM on consignment or sells the item(s) to LM for an upfront payment. This user shall be referred to as ‘seller/consignor’ for the purpose of clarity in this section.
Luxe Marché uses the consignment method of selling which means that seller gets paid only after the item is sold and Luxe Marché has received the payments in total. For the service that Luxe Marché provides, it charges a nominal commission fee.
For a few items, LM may also purchase the items fully and directly from the seller in which case there is no consignment but a standard agreement of sale between LM and the seller.
By agreeing to sell or consign with LM (whichever may be the relevant application), seller is deemed to have agreed to all the TCS listed in this section of this TOS.
This section in this TOS shall serve as a binding contract between the seller and LM.
Accordingly. The seller agrees to pay the commission applicable for selling the item(s) with LM.

The General Process of Consignment / Selling with LM

The process of consigning or selling with LM must begin with the potential seller getting in touch LM either through the Concierge or Instagram or WhatsApp or any other channel.
LM will then require from the potential seller detailed photographs, videos, any other detail about the item.
The potential seller is bound to give all the required details and undertakes that every detail provided is true and correct to their best of knowledge.
Upon a preliminary quality inspection of the provided details, LM will offer an informal quote of the seller’s pay-out to the potential seller.
Once the negotiation is over the pay-out is agreed upon, LM will then send an official email that will contain the details of the item(s) to be consigned/sold by the seller, agreed pay-out of the seller after the sale is made and other relevant details.
LM is not obligated to share a copy of this TOS with the seller. The seller is deemed to have been aware of this TOS and deemed to have consented to this TOS on their volition before entering into the transaction with LM.
With the official email sent, the potential seller now becomes the seller.
A courier pick up for the items is arranged and the items are received at the LM premises.
Rest of the conditions determining the courier related aspects, pricing, authentication are detailed in the section below.

Regulations for Submitted Photos, Videos etc. of the Items to be Consigned by the Seller

Luxe Marché does not claim ownership of any materials you make available through the website or through other channels as a part of your consignment request process.
At Luxe Marché's sole discretion, such materials may be included in the Service in whole or in part or in a modified form.
While submitting the content for your items to be consigned, you agree to only upload and submit your items in the requested format.
You hereby represent, warrant and covenant that the images you provide are original and you hold the rights to the images/ material/ item(s) you upload on our site.
You agree not to include/ upload/ converse/ transact anything that is in any way rude, offensive, illicit and forbidden according to the law prevailing in the jurisdiction of India.
Luxe Marché does not allow you to post or make postings on our website. You may submit your request or queries through our live chat, emails or call us through the Site or Service. You may not upload to, distribute or otherwise publish through this Site any Postings of any kind and nature.

Shipping of the Item to LM and Duties of the Seller

After the seller and LM have entered into a binding agreement and LM has arranged for the pick-up of the item from the seller, the seller shall be responsible to securely pack and handover the item to the courier partner as booked by LM.
The courier partners generally bring the packages the way they are originally packed and are not allowed to tamper with them at all. This means that the seller bears complete responsibility for any risk to the package while it is transit because of its improper packaging. We recommend that the seller shall use appropriate amount of sealing material like duct tape , etc. to completely secure the package from all sides and any possible openings.
LM begins to bear the responsibility of the item only after it is in the custody of LM.
The seller must ensure that the items are first secured properly in a way that their quality is not compromised during the transit. Once the item is secured, the package within which the item is being packed must be filled and taped over-cautiously to avoid any risks of a push down, pressured collapse, tearing, breaking etc.
In case the item is received with an improper packaging whereby the item is compromised, LM will immediately intimate the seller and shall not be responsible for any loss as a consequence.
The items shall be shipped to the address mentioned by LM in the courier arrangement booked by LM.
The shipping label shall also be affixed with due care and caution. It must be affixed using such material like duct tape or any other adhesive that it securely stays attached with the courier box throughout the journey. This responsibility shall entirely fall upon the seller.

Mandatory and Stringent Authentication of the Item(s)

The seller agrees and understands that each item is required to undergo a mandatory authentication and quality check process in the custody of LM.
This authentication and quality check process is determined by LM and may be updated from time to time.
LM reserves the right not to disclose the internal details of this process beyond what is mentioned here as these details constitute trade secrets of Luxe Marché.
This authentication and quality check process is an elaborate one and involves creative expertise and training, which if revealed may give an undue advantage to competitors of Luxe Marché..
The seller agrees and understands that the findings by LM as a result of this mandatory authentication and quality check process shall be final and cannot be contested.
The process of publishing the item will only go further if it gets approved by the authentication and quality check process.

Items That Do Not Pass the Quality Check

Items that are found to be authentic but do not pass the quality check (over which LM shall have the sole discretion to finalise the quality assessment) will be returned to the seller.
All costs for such returns, including return shipping, any customs duties & taxes, and administrative fees, will be borne by Luxe Marché. Upon failure to establish contact with the seller within 15 days after the first return notice, Luxe Marché reserves the right to donate/dispose of the item(s).

Loss or Damage During Transit from Seller to LM

Upon delivery, Luxe Marché shall maintain adequate insurance coverage for the consigned item including risks of fire, flood, theft, and damage.
All risk of loss or damage to the item in transit up till the item is inspected by Luxe Marché shall be borne by the seller.
If the condition of the item is re-evaluated to be poorer than the earlier estimate upon delivery, Luxe Marché reserves the right to reduce the pay-out for the item and the same shall be communicated to the seller accordingly.

Terms Against Counterfeit Items and Related Penalties

If an item is found to be counterfeit as a result of the authentication and quality check process, LM shall notify the seller about the same.

LM follows an absolutely stringent no tolerance policy towards counterfeit items.

The counterfeit item will ideally be destroyed by LM in line with the legal requirements of the country. An exception will be made and the items will be sent back to the seller if the seller pays for the costs borne by LM and the penalty for sending a counterfeit item. These costs and penalties shall be communicated to the seller in an emailed invoice. The computation of such costs and penalties shall be as follows:

All the costs related to couriers, authentication, storage, insurance, photography, personnel cost, spa and cleaning (if any), and any other cost that LM would have borne (as per the actuals)
An anti-counterfeit penalty up to 200% of the quoted seller pay-out with the discretion to determine this amount in the hands of LM management, in line with their fight against counterfeit items and to create a deterrence.

LM will dispatch the counterfeit item after the seller has cleared all the dues accruing as per the previous clause within 15 days of the invoice communication.
In case the seller fails to clear the dues within the said period of 15 days, LM reserves the right to destroy the counterfeit item in line with the laws of the land.
LM also reserves the right to initiate appropriate civil and criminal proceedings against such a seller.
LM also reserves the right to inform other relevant parties, law enforcement agencies about the seller in such an instance.
LM also reserves the right to name and shame the seller on its website and other channels in such an instance.
LM only hopes that such a stringent policy towards counterfeit items will deter such products from the market.

Cleaning and Restoration of the Item

This agreement confirms that the seller agrees to permit Luxe Marché to clean/restore the item before sale, if needed. LM will bear the cost of dry cleaning (clothes & shoes), polishing (if required). This may include stain removal or colour restoration.

LM reserves the right to decline the item for consignment at its discretion.

Luxe Marché will take care of cleaning in order to guarantee items are sold in their best conditions of cleanliness and hygiene for its buyers. LM shall bear any associated fee, provided, the item meets the specific quality standards before they are processed for cleaning and polishing.

Regarding the Pricing of Products

‘Estimated Retail Price’: The "estimated retail price" is an estimate/guess/judgment based on research from the brand's main site or other competitive sites. The buyer agrees that Luxe Marché, in its sole discretion, will determine the initial estimated selling price for the item (the "Estimated Retail Price"), based on its evaluation of the item together with its determination of the current market price.

‘Selling Price’: The Selling Price refers to the product's price per the binding agreement between the seller and Luxe Marché. The initial listing price (the first selling price) is determined based on our evaluation and will consider factors such as category, brand, model, material, colour, condition, current resale market value, and the historical sales performance of similar products on our website. To increase the chances of selling an item, Luxe Marché shall get in touch with the seller to agree on a reduced second listing price to make the item more attractive for potential buyers.

With respect to items on sale on Luxe Marché: With respect to items on sale on Luxe Marché, prices are dependent upon orders being confirmed. For any mispriced items, we will, at our discretion, either resolve the case collaboratively with the seller before shipping the order or notify the seller of any cancellation or refund.

Consignment Period Duration & Termination by the Seller

Luxe Marché provides 90 days lock-in consignment period for all items listed. This period of 90 days commences from the date of the item going live on the website (as per the records of LM website data).
This means that the item consigned with LM shall remain with LM for this consignment period.
In case the seller intends to terminate the consignment before the expiry of the termination period of 90 days, LM shall agree to such termination request and dispatch the item back to the seller after the seller has paid the Consignment Termination Fee.
LM incurs substantial cost and effort on each consigned item. In case of a premature termination at the request of the seller, LM loses the opportunity to make a sale and thereby a commission off the item. All the cost borne by LM is borne on the premise and promise that LM will have full opportunity to sell the item during this 90 day period and thereby earn a commission. In case the seller deprives LM of this opportunity after LM has borne cost on the item, it is mandatory that the seller pays a Consignment Termination Fee in order to receive the items back.
This Consignment Termination Fee shall be communicated to the seller through an invoice. It shall be computed as follows:

All the costs related to couriers, authentication, storage, insurance, photography, personnel cost, spa and cleaning (if any), and any other cost that LM would have borne (as per the actuals)
A Consignment Termination Fee up to 40% of the quoted seller pay-out with the discretion to determine this amount in the hands of LM management.

Terms Related to the Commissions/Fees

Luxe Marché charges commission depending on the selling price of an item.
Effective June 15, 2023, the commission on items consigned will be charged at 10-30% of the selling price.
The commission charged is the profit fees that Luxe Marché charges to process, hold and showcase seller item(s) on the website and other channels (including all the promotional content developed for it).
The commission structure cannot be contested or questioned, and it is exclusive of GST and any other eventual import & admin charges associated with the sale of the item.
By selling with us, seller is considered to acknowledge and agree to the commission that is due to Luxe Marché. Luxe Marché sends intimation communications prior to inform about any such changes. The seller is liable to read and follow up on the said changes.

Regarding the Promotion of the Item for Sale

Luxe Marché and the seller by way of this binding contract in the form of this TOS (specifically this section, in terms of relevance) agree to photograph and write copy for the consigned item and list it for sale on the website, www.luxemarche.in along with all its other relevant channels.
Luxe Marché reserves the right to list the item on partner websites.
LM reserves the right to develop other kinds of promotional and marketing content around the item and advertise it on internet based platforms.
LM will make every attempt to obtain the highest possible selling price for the consigned item, but shall have full control over the final pricing of the item. LM reserves the right to add up to the selling price eventual shipping fees, duties and other related charges.
Luxe Marché guarantees authenticity of every item offered for sale. Therefore, the seller warrants the consigned merchandise to be authentic. In the event that we determine the merchandise to be counterfeit, the seller agrees to pay back the costs borne by LM along with the anti-counterfeit fee (as provisioned for in the clauses above).
The seller warrants to be in legal possession of the consigned item. Therefore, proof of identification will be produced by the seller in case needed at any stage.

Regarding Payment to the Seller

Luxe Marché agrees to pay the agreed upon pay-out of the seller after concluding the sale of the consigned itme as stated. The sale is considered to be concluded when LM receives the full payment in its bank account from the buyer of the item.
LM agrees to initiate the transaction to transfer seller’s pay-out within 24 working hours of receiving the buyer’s full payment in its bank account.
It is the duty of the seller to provide detailed bank transfer details to LM when requested for such transfer to be made within the stipulated time. In case of any delay from the side of the seller, LM shall not be responsible for the payment getting delayed beyond the stipulated 24 working hours.
In case the payment method opted for by the seller to receive the pay-out from LM involves any additional financial or bank transfer charges, the same shall be borne by the seller and they shall be deducted accordingly from the pay-out.

In the case of ‘Reserve & Pay Plan’ opted as a payment plan by the buyer, the pay-out of the seller shall be transferred to the seller after the completion of the payment by the buyer, meaning when LM receives full payment for the item in its bank account.

Regarding Partnerships and Associations with Third Parties/Influencers/Bloggers etc.

Third party associates, bloggers, influencers, social media celebrities, celebrities and any other party that is involved in media promotions in any way are termed as "Partners".
Luxe Marché welcomes and runs several partnership programs with bloggers, and influencers for promotions. Luxe Marché at its discretion can choose to continue or discontinue the partnership. The intention of this partnership is for promotion and Luxe Marché is not obligated or liable to pay for any such activities or events that the Bloggers or influencers might conduct or hold beyond the agreed terms.
Bloggers and influencers are bound by the contract that is given out to them at the start of the partnership.
Item(s) that are loaned to partners, influencers, and bloggers must be returned to Luxe Marché within 5 business days of loan out. The items must be returned in their exact condition with all that is included, packaging and tags attached.
If the item(s) are found damaged or missing packaging/tags etc. upon return, the partner, blogger, and influencer is obligated to pay full price of the item as a damage fee. Luxe Marché holds all rights and discretion to decide and negotiate the damage fee in any such event.
"Partner with us" program is purely for agents who help us source items. The commission and conduct of/for the agent is solely based on the initial contract.
In case of social media mentions, the partner is obligated to give full credits due to Luxe Marché.
Social media tags and mentions should be placed in a very visible and "exclusive" manner.
Partners must use @LuxeMarcheIndia to tag Luxe Marché along with a mandatory, "exclusive" and dedicated caption.
Luxe Marché shall, time and again, conduct social media competitions. Winners to such competitions are randomly selected. Luxe Marché reserves rights to not disclose the details of participants to the competition.