YOUR USE OF THIS WEB SITE (hereinafter the “Site”) CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. If you do not agree with any of these Terms and Conditions of Use, do not use this site. Euro Luxe reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. We encourage you to review these Terms and Conditions of Use whenever you visit this Site. Materials contained within this Site are intended for U.S. residents. We control and operate this Website from our facilities in the United States of America. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Any deliveries requested for addresses outside the U.S. are subject to refusal by Euro Luxe.
- License. When You, the user (“You”), use the Site, Euro Luxe LLC (“Euro Luxe”) grants a limited revocable license to You to use the Site solely on behalf of Yourself or Your organization or company for personal, non-commercial use and solely in compliance with these Terms and Conditions of Use. You may download or copy the contents and other downloadable materials displayed on the Site for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. This license expressly prohibits You, without limitation, from reselling the Site or any portion thereof or the services offered by Euro Luxe, making any derivative work of the Site, collecting or using e-mail addresses or other information, ratings or listings, or extracting or mining any data whatsoever. You may use this Site for legitimate informational and shopping purposes only. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site’s systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the Site.
- Registration and Password: In the event that you register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or Euro Luxe suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Euro Luxe, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Euro Luxe of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Euro Luxe will not be liable for any loss or damage arising from Your failure to comply with this paragraph.
- Children: The Children’s Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children less than 13 years of age. In compliance with this act, Euro Luxe does not promote its products or services online to children, and does not intentionally collect any personally identifiable information from children under 13. Children under the age of 13 must be signed up by their parents and use a parent’s e-mail address in order to register for this Site or order through this Site.
- Links to Other Sites. References on this Site to any name, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any constitute or way imply an endorsement, sponsorship or recommendation by Euro Luxe regarding the third-party information, product or service unless specifically stated. These sites are maintained by third parties over whom Euro Luxe exercises no control. Euro Luxe has not reviewed all sites linked to this Site and Euro Luxe expressly disclaims any responsibility for the content, the accuracy of the information, and/or the quality of products or services provided by or advertised on these third-party web sites. If You decide to link to any such third-party site, You do so at Your own risk.
- Statements Made in Describing Goods. EURO LUXE DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EURO LUXE CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOG, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; EURO LUXE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. EURO LUXE IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY TIME.
- Permission to Use Your Content. All information, ideas, suggestions or other communications You transmit to Euro Luxe concerning the materials contained in this Site shall be on a non-confidential basis. By transmitting any suggestions, user reviews, information, material, or other content (collectively, “User Content”) to Euro Luxe, You automatically grant Euro Luxe the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. Further, Euro Luxe is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications You send to this Site without compensation to You and for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
Further, you agree and understand that you are responsible for any User Reviews and/or User Contributions you submit, not Euro Luxe. You have full responsibility for your user content that is submitted to the website, which includes, but is not limited to the legality, reliability, fitness of the content and accuracy of the content or review submitted.
Without limiting the foregoing, the following content is prohibited: material which is inaccurate, deceptive, misleading, obscene, indecent, offensive, harassing, hateful, violate, defamatory, sexual explicit, pornographic, discriminative of any race, sex, religion, nationality, disability, sexual orientation or age, promotes commercial activities, impersonates another person or entity, promotes illegal activity, violates intellectual property rights of Euro Luxe or any third party or is otherwise inappropriate which is in Euro Luxe’s sole discretion to decide.
- Your Representations & Indemnification Obligation. You expressly represent and warrant to Euro Luxe that You will use this Site, and any products purchased from Euro Luxe, in accordance with all applicable local, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless Euro Luxe LLC, subsidiaries, and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release Euro Luxe from all rights of contribution or indemnity to which You otherwise may be entitled to. Euro Luxe reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Euro Luxe in asserting any available defenses.
- DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. EURO LUXE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR STORE, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EURO LUXE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE EURO LUXE WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. If, for any reason, You are not completely satisfied with any purchase, simply return it to Euro Luxe within 30 days of purchase (10 days for watches) for full credit or exchange. The item must be in its original packaging. Return shipping charges must be prepaid by You and You must insure the shipment or accept the risk of loss or damage during shipment. All warranty materials and the original receipt must be included with any returned purchases. The item must not have been worn or altered in any way.
- Colors and Pricing: Euro Luxe makes every effort to display as accurately as possible the colors of its products that appear on the Site. However, as the actual colors You see will depend on Your monitor, Euro Luxe cannot guarantee that Your monitor’s display of any color will be accurate. While Euro Luxe strives to provide accurate product and pricing information, pricing or typographical efforts may occur. Euro Luxe cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Euro Luxe shall have the right, in its sole discretion to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Euro Luxe may, at its discretion, either contact You with instructions or cancel Your order and notify You of such cancellation. Prices and availability are subject to change without notice.
- Acceptance: Please note that there may be certain orders that Euro Luxe is unable to accept and must cancel. Euro Luxe reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled include limitations on quantities available for purchase, inaccuracies or error in product origin information, or problems identified as part of credit and fraud avoidance. Euro Luxe also may require additional verification or information before accepting any order. Euro Luxe will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is canceled after Your credit card has been charged, Euro Luxe will issue a credit to Your credit card in the amount of the charge. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Euro Luxe reserves the right, without prior notification, to refuse service to any customer.
- Quantity Limits and Dealer Sales: Euro Luxe reserves the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same Euro Luxe account, the same credit card, and also to orders that use the same billing and/or shipping address. Euro Luxe will provide notification to the customer e-mail and/or billing address should such limits be applied. Euro Luxe also reserves the right to prohibit sales to dealers.
- Shipment of Orders: Items ordered through Euro Luxe are shipped restricted registered mail or federal express on approval. A street address is required for delivery. Merchandise will be delivered standard ground transportation, which takes up to 10 business days. You may request express delivery, which takes approximately 3 business days, for an additional charge. Processing time for in stock items is approximately 2 business days. Delivery times do not include processing time. At this time Euro Luxe only ships merchandise to the U.S. Additional charges may be applied to merchandise shipped to Alaska and Hawaii. Oversized and heavy items cannot be shipped to APO/FPO addresses.
- Sales Tax: Euro Luxe operates in Florida. Current law requires Euro Luxe to collect all state taxes that are applicable, based on the order’s “ship to” address. Be advised that some states require a tax on the delivery and/or gift-wrap charges, as well. All applicable taxes will be clearly displayed on Your order at order completion time. NOTE: Tax rates are subject to change at any time.
- LIMITATION OF LIABILITY: NEITHER EURO LUXE NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR THAT MAY ARISE FROM THE STORE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF EURO LUXE OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO EURO LUXE FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE OR ONE THOUSAND DOLLARS ($1,000). YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOG, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG.
- Intellectual Property Rights. All materials contained in the Site, including without limitation all images, text, illustrations, designs, graphics, interfaces, code, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by Euro Luxe, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. Euro Luxe and its affiliates and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of Euro Luxe’ or any third party’s intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Euro Luxe and is also protected by United States and international copyright law. You agree not to copy, modify, adapt, reproduce (except as noted above), publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that Euro Luxe actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
- Communications on Internet; Events Beyond Euro Luxe’ Control. Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Euro Luxe has endeavored to create a secure and reliable Site, Euro Luxe and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. Euro Luxe cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can Euro Luxe provide assurances that transactions will be completed properly. Euro Luxe is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). Euro Luxe and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.
- Security of Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for Your use or logging onto a server or an account that You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Actual or attempted unauthorized use of the Site or violations of system or network security may result in criminal and/or civil prosecution. For Your protection, Euro Luxe reserves the right to view, monitor, and record activity on the Site without notice and without permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. In addition, Euro Luxe will comply with all court orders involving requests for such information. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Euro Luxe on this Site or from generally available third party web browsers.
- Governing Law. This Site (excluding any links) is owned and controlled by Euro Luxe L.L.C. (“Euro Luxe”) from its offices within the State of Florida, United States of America. Although this Site can be accessed from other locations, by accessing this Site, You agree that the statutes and laws of the State of Florida, without regard to conflict of laws, will apply to all matters relating to use of this Site. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use, Your use of this website or any purchase made on the website or in a Euro Luxe store may only be brought in an AAA Arbitration proceeding before a single arbitrator in Miami-Dade County, Florida. You agree to and consent to the exclusive personal jurisdiction and venue of the courts in Miami-Dade County, Florida and the United States District Court for the Southern District of Florida in the event an enforcement proceeding of the arbitration award is required or any court action is otherwise commenced by either party for any reason. Further, You agree that any claim or dispute filed before the AAA or any Court may only be filed as an individual claim and not as a class action. Unless otherwise agreed to in writing by Euro Luxe and You, no arbitrator can join more than one party’s claims and any relief awarded by an arbitrator is limited to the individuals bringing the claim and is not applicable to any other arbitration proceeding or action filed by or against Euro Luxe. You are responsible for Your own compliance with local laws regarding Internet use and access.
- Notices. Any notices shall be given by e-mail to legalnotices@EuroLuxe.com (in the case of Euro Luxe) or to the e-mail address that You provide to Euro Luxe or such other address as either party shall specify. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Euro Luxe may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Euro Luxe during the registration process. In addition, you may give Euro Luxe notice by certified mail, postage prepaid and return receipt requested, to Euro Luxe LLC, 55 Ocean Lane Drive, 1020, Key Biscayne, Florida 33149: In case of notice via certified mail, notice shall be deemed given three (3) days after the date of mailing.
- Construction. The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Use, and no construction or inference shall be derived therefrom. These Terms and Conditions of Use will not be construed for or against either party based on the draftsmanship thereof. No other provisions or changes are binding upon Euro Luxe unless reduced to writing and signed by an authorized Euro Luxe representative. If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.
- Termination. These Terms and Conditions of Use constitute an agreement that is effective until terminated by Euro Luxe at any time without notice. Euro Luxe may terminate Your right to use this Site immediately without notice to You if, in Euro Luxe’ sole discretion, You violate or fail to comply with any of these Terms and Conditions of Use. In the event of termination, You will no longer be authorized to access this Site. The restrictions imposed upon You with respect to material copied or downloaded, and the disclaimers and limitations of liability set forth in the Terms and Conditions of Use, shall survive the termination of these Terms and Conditions of Use. You may terminate these Terms and Conditions of Use at any time, provided that You discontinue any further use of this Site.
- Miscellaneous: These Terms and Conditions of Use constitute the entire agreement between You and Euro Luxe relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by Euro Luxe at any time on without prior notice, by posting such changes at the Site. Modifications required by law or designated by Euro Luxe will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed Your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Euro Luxe to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Euro Luxe’ rights with respect to such breach or any subsequent breaches.