1. When certain words and phrases are used in these Terms, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

2. When we refer to “Luxe Dressing”, "we", "us" or "our", we mean Luxe Dressing LTD.

3. Where we refer to "you" or "your" we mean you, the person using the Platforms.

4. Where we refer to “Users”, we mean any other visitor of, and to, the Platforms.

5. Where we refer to “Sellers”, we mean a User listing a Product (as such term is defined below) for sale on the Platforms.

6. Where we refer to “Products”, we mean second-hand fashion and luxury goods, products or items listed for sale on the Platforms, by Sellers.

7. We have used headings and paragraph numbers to help you understand these Terms and to easily locate information. These Terms are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Platforms, so we recommend that you print or save a copy of these Terms for your records (but please note that we may amend these Terms from time to time so please check the Platforms regularly, and each time you intend to order any products and services made available by us for purchase over the Platforms, to ensure you understand the legal terms which apply at that time).

2.1. We are Luxe Dressing LTD and we operate the Platforms.

2.2. We are a company registered in the United Kingdom and our registered office is at Office 321, 3rd Floor, 239 High Street Kensington, London, W8 6SN, United Kingdom. Our registration number with Companies House is 11828932 and our VAT number is [·].

2.3. The publisher, and director of publication, of the Platforms is LuxeDressing.com

2.4. The hosting service provider of the Platforms is Amazon Web Services – Contact Link

2.5. We provide intermediation services with a view to selling and buying second-hand fashion and luxury goods on the Platforms. These services are directly available on the Platforms. On a secondary basis, Luxe Dressing may directly list its own products for sale, on the Platforms. Further details of the Products, and services, we provide on the Platforms, are set out in Section 4 (Purchase of Products) below.

2.6. When you purchase the Products using the Platforms, you are purchasing them from another User of the Platforms, i.e. a Seller. Luxe Dressing provides intermediation services to you and other Users, with a view to selling or buying Products to, or from, each other, and lists Products for sale directly to Users.

2.7. Luxe Dressing acts as an intermediary between Users. In this respect, Luxe Dressing may not be considered as a reseller of the Products. We never have ownership of the Products.

2.8. Luxe Dressing completes some quality control checks of the Products, which are limited to checking the consistency of a Product with the details set out in the product description completed by a Seller (the “Product description”). Luxe Dressing does not check the consistency between the Users’ expectations, and such Product description. Consequently, Luxe Dressing does not guarantee that the Product will be satisfactory to the User, whether from an aesthetical or a practical standpoint.

1. The Terms apply to your use of and access to the Platforms including all orders submitted by you for any Products made available for purchase over the Platforms. By accessing the Platforms, you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing the Platforms immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new Terms on the Platforms. Please note that certain options will not be available across all Platforms.

2. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

3. You agree that the information you provide when you register on the Platform is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.

4. We may change, withdraw, or suspend access to the Platforms (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

5. The Platforms may include links to other platforms or resources ("Linked platforms"). Luxe Dressing has no control over the content of Linked Platforms and you agree that, should you access Linked Platforms using a link from the Platforms, Luxe Dressing is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore, Luxe Dressing will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.

6. Luxe Dressing may deny you access to the Platforms at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Platforms is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

7. Any material that you upload to the Platforms for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights or of their right to privacy.

8. Luxe Dressing will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Platforms and you hereby agree to be responsible to Luxe Dressing for, and indemnify Luxe Dressing, and keep Luxe Dressing indemnified against, all costs, damages, expenses, losses and liabilities incurred and/or suffered by Luxe Dressing as a result of any claim in respect of your use of the Platforms.

9. Luxe Dressing has the right to remove any material or posting you make on the Platforms in Luxe Dressing’s sole discretion.

10. We may offer you the ability through the Platforms to check the availability of certain Products in specified Luxe Dressing stores. This functionality will not be available for all Luxe Dressing stores and is not available on all Platforms. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you visit the specified store, if any. Unfortunately, Products cannot be reserved in store using this functionality.

11. Third party providers and application stores

1. Certain third-party providers with whose devices and/or operating systems those Platforms that are mobile applications have been designed to be compatible with, oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms in Section 22 (Additional terms from third party providers). These provisions are required by the relevant third-party providers, not Luxe Dressing.

2. Third party application stores are operated by the relevant third-party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third-party application store from which you download those Platforms that are the mobile applications. We are not responsible for these stores or (with the exception of the Platforms) for anything provided by them and do not guarantee that they will be continuously available.

5.1. All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "Content"), is either owned or licensed by Luxe Dressing and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.

5.2. The "Luxe Dressing" trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not (the "Trademarks"), are and remain the exclusive property of Luxe Dressing and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

5.3. All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the Products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such Products, your order or the Platforms (the "Intellectual property rights") are and shall remain the exclusive property of Luxe Dressing and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

5.4. Limited licence

Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Platforms limited such that it does not include the right to:

1. use the Platforms in any way which may prejudice or damage the reputation of Luxe Dressing;

(b) use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;

(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

5.5. Luxe Dressing may terminate the limited licence set forth in sub-clause 5.4. at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

Luxe Dressing endeavours to ensure that the information posted by it on the Platforms is accurate and complete. Luxe Dressing does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free. Luxe Dressing does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. Luxe Dressing recommends that all users of the Internet ensure they have up to date virus-checking software installed.

The services we offer allow Users to search through the Platforms and to purchase any Products directly from our Platforms.

1. This sub-clause 7 does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

2. SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUXE DRESSING DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

8.1. Nothing in these Terms limits or excludes our liability:

• (a) for death or personal injury caused by negligence;

• (b) for fraud or fraudulent misrepresentation or

• (c) for any other liability which cannot be limited or excluded by applicable law.

8.2. Subject to sub-clause 8.1. above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:

1. economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or

2. loss of goodwill or reputation; or

3. special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.

8.3. Subject to sub-clauses 8.1. and 8.2. above, the aggregate liability under these Terms of Luxe Dressing, whether arising under contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed 100% of the price of the Products you have ordered from the Platforms.

8.4. Subject to sub-clauses 8.1., 8.2. and 8.3 above, by using the Platforms, you acknowledge and accept that Luxe Collective is not responsible or liable for claims or losses that may arise in connection with the contracts that you and a Seller have entered into, via the Platforms. Users are responsible for replying to any complaints, or claims, relating to the Products they have posted on the Platforms, the Product description and any comments, made by some Users, on the information page of the Product; the shipment of the Products to Luxe Dressing by the Seller (whether such shipment is for purposes of Products being sold, exchanged or returned). Consequently, any such complaints and claims will be forwarded to the designated User, in the first instance, by Luxe Dressing.

8.5. Subject to sub-clauses 8.1., 8.2. and 8.3 above, by using the Platforms, you acknowledge and accept that Luxe Collective is not responsible or liable for claims or losses that may arise in connection with the alleged unauthenticity, counterfeited nature or stolen nature, of any Products which are the subject of contracts that you and a Seller have entered into, via the Platforms. Users are responsible for replying to any complaints, or claims, relating to the alleged unauthenticity, counterfeited nature or stolen nature, of any Products they have listed on the Platforms, or they have posted on the Product description and any comments, made by some Users, on the information page of the Product. Consequently, any such complaints and claims will be forwarded to the designated User, in the first instance, by Luxe Dressing.

8.6. This clause 8 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy policy [https://luxedressing.com/privacy-policy Luxe Dressing fully respects the privacy of individuals who access and use the Platforms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookie Policy which are incorporated into and form part of these Terms https://luxedressing.com/privacy-policy

We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

We reserve the right to make changes to these Terms, and any document expressly referred to in them, at any time. You, and any contract of sale between you and a Seller, will be subject to the version of these Terms in force at the time you order the Products in question from the Platforms.

a. Luxe Dressing reserves the right to defer the date of processing your orders and/or the date of shipping your Products, or to cancel its commitment towards Users, under these Terms, or reduce the volume of orders processed and/or Products shipped (without liability to you, the User) if it is prevented from, or delayed in, carrying on its business due to circumstances beyond the reasonable control of Luxe Dressing.

b. Such circumstances include, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to Luxe Dressing’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

c. Subject to paragraphs 12.1.and 12.2. above, if the event in question continues for a continuous period in excess of 120 days, the User shall be entitled to give notice in writing to Luxe Dressing to terminate his or her commitment, towards Luxe Dressing, under these Terms, in compliance with section 17. (Notices) below.

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

These Terms and all transactions relating to the Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country in which you are located.

15.1. These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

15.2. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

15.3. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 16 does not affect your statutory rights.

All notices given by you to us must be sent to Luxe Dressing at Office 321,3rd Floor 239 High Street Kensington, London, W8 6SN, United Kingdom or customers@luxedressing.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 (Written communications) above. Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18.1 If we fail, at any time during the term of the contract of sale between you and a Seller, to insist upon strict performance of any of your obligations under the contract, or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 (Notices) above.

The provisions of the Contracts (Rights of third parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.

The European Union Online Dispute Resolution (“ODR”) platform https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.

If you are placing an order on luxedressing.com from a location in France, then the following additional terms shall apply:

Luxe Dressing, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the Product which you order to the contract between you and the Seller, under the conditions set out in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the Product sold to you luxedressing.com subject to the conditions set out in articles 1641 et seq. of the French Civil Code.

2. Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code:

- any claim must be made by you within 2 years of the date of delivery of the Product;

- you may choose between repair or replacement of the Product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code;

- you do not have to prove the Product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the Product. However if Luxe Dressing proves that the Product was in conformity with the contract between you and the Seller, your claim will not be accepted.

Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.

If the Platform that you download, access and/or use runs on Apple’s iOS operating system, or Google Play Store (the “Mobile operating system provider”):

• The Platform may only be accessed and used on a device owned or controlled by you and using the operating system of the Mobile operating system provider, and only in accordance with the usage rules of the Mobile operating system provider, published in its App Store terms of service;

• You acknowledge and agree that: -the Mobile operating system provider has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not the Mobile operating system provider, using the contacting details set out on the first page of these Terms;  -except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and the Mobile operating system provider);  -in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Platform infringes any intellectual property rights, the Mobile operating system provider will not be responsible or liable to you in relation to that claim; and  -although these Terms are entered into between you and us (and not the Mobile operating system provider), the Mobile operating system provider, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

• You represent and warrant that: -you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and -you are not listed on any United States Government list of prohibited or restricted parties; and

• If the Platform does not conform to any warranty applying to it, you may notify the Mobile operating system provider, which will then refund the purchase price of the Platform (if any), to you. Subject to that, and to the maximum extent permitted by law, the Mobile operating system provider does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.

These terms and conditions of use and of sale were last revised on [16 April 2020].