Terms & Conditions

INFORMATION ABOUT US

 

www.myluxurybargain.com is a website (hereinafter referred to as “the website”) owned and operated by Techedge Systems & Engineers Private limited, a company incorporated under Companies Act, 1956 having its registered office at 318, pocket D Mayur Vihar Phase – II, New Delhi – 110092, Delhi, India (hereinafter referred to as the “Company or We”).

 

TERMS OF USE

This page (together with the documents referred on it) set out the terms of use by which the BUYER (also referred to as you) may make use of the website or any other domain names of the website, whether as a guest or a registered user. Please read and understand the Terms of Use fully and carefully before you start to use the website. By browsing our website, you indicate that you have read and accepted the Terms of Use, which include the privacy policy that applies to the website (the “Privacy Policy”) and that you agree to abide by them including when you create an account and regardless of whether or not you complete any transactions through the website. If you do not agree to these terms of use, please refrain from using the website as your use of the website or any of the products or services offered on the website (collectively, referred to as the “Products & Services”) is subject to these Terms of Use including the Privacy Policy (“Terms”) and the same will be legally binding.

 

 

We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on our sites. Your use of the website constitutes your binding acceptance of these Terms, including any modifications that we make. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.

 

We at our sole discretion, reserve the right not to accept a user from registering on our site without assigning any reason thereof. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

 

By going through/ surfing the website or ordering any products or availing any services, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these Terms, you will not be able to order any products or avail any service from www.myluxurybargain.com.

  1. SERVICES PROVIDED

The website offers a shop for pre-owned designer and luxury bags, watches, fine jewellery, belts, sunglasses, technological accessories (like iPad, phone covers), cufflinks, scarves, ties, fashion, silver jewellery and any other product (hereinafter referred to as the ‘Products’) that they be added on the website by the Company from time to time. The website allows you to view, select, purchase and sell Products. This website can be accessed on the internet under the domain www.myluxurybargain.com.

 

  1. USER ON THE WEBSITE

You can begin the use of the website either as a guest user or as a registered user. However, in order to purchase a Product, you must register through the website to obtain an account. In consideration of your use of the website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the law. You also agree to provide true, accurate, current and complete information about yourself while filing the registration form available on the website . You are responsible for maintaining the confidentiality of your account and password. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

 

  1. BUYING OF THE PRODUCT

The listing and presentation of a product on our website is solely a request for a buyer to submit an offer. You will receive a confirmation mail after you place an order with our website. However, this does not amount to conclusion of the contract. Orders made on the website are subject to acceptance and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched. The contract will only be formed when we send you such Dispatch Confirmation.

 

  1. DELIVERY

We will make a maximum of two attempts to deliver your product. In case you are not reachable or do not accept delivery of the product in these attempts, we reserve our right to cancel the order(s) at our discretion.

 

An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

 

Sometimes, delivery may take longer due to

  1. Inventory availability,
  2. Your address,
  3. bad weather;
  4. flight delays
  5. political disruptions
  6. other unforeseen circumstances

 

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

 

Also, we will not be able to compensate for any mental agony caused due to delay in delivery.
You agree that the title to the product is transferred to you at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course.

 

  1. PAYMENT TERMS

We currently offer the following methods of payment;

  1. Through credit card
  2. Through debit card
  3. Cash on delivery
  4. Net Banking
  5. Bank Transfer
  6. EMI Loan

You can choose from the listed payment methods. We reserve the right to add other payment methods in the future or to refrain from using payment methods, which it currently offers. Please note that additional costs maybe applicable, depending on the payment method that has been chosen by the buyer.

 

  1. PRICE OF THE PRODUCT

We do not guarantee you the lowest price. We reserve our right to change/modify the prices of the products only before we dispatch the product. Once the products are dispatched, no such modifications can be made in the prices of the products. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

 

  1. TAXES

The product price displayed will be inclusive of VAT and Sales Tax. VAT and Sales Tax will be charged according to the destination of the order made. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges or any other tax as applicable.

 

  1. CANCELLATION OF THE PRODUCT

You can cancel an order only before you receive a confirmation call or message and the said product/s has been shipped. We shall not be able to process your request to cancel if you have received a confirmation call or message and the product/s has already been shipped. To cancel your order you must write to us at info@myluxurybargain.com or call at 8376914422. If you cancel your order, we will return all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of another type of delivery other than the low priced standard delivery we offer).

We reserve the right to cancel your order in certain situations such as including but not limited to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may ask for additional information and further verification to confirm your order. In case you fail to provide us with such information, we may cancel your order. On cancellation, we will return all payments received from you.

We will refund all payments made by you, generally in 30 (Thirty) working days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

  1. RETURN/EXCHANGE OF THE PRODUCT

Returned products must be unused and unwashed for hygiene reasons; and returned with original packaging and tags in place.Products without tags will not be accepted.

You must handover the product back in good condition which will be at the sole discretion of the Company. Any damage to the product will result in non-acceptance of the cancellation request.

 

  1. COLOUR OF THE PRODUCT

We cannot guarantee that colour of the product will be displayed accurately on your computer screen. However, we do make effort to display the colour of the product as accurately as possible but the same cannot be guaranteed by us.

 

  1. RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

  1. FRADULENT ACCOUNTS

We have the right to monitor the accounts created by the users on our website. Users who are availing our services fraudulently shall be liable for legal action under applicable laws. Such user will also indemnify us for the lawyer fees and other costs. We also have the right to delete account of such user and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

  1. INFORMATION UPLOADED BY THE BUYER

You can provide us with information in the registration process, feedback area, chat service, emails etc. You are solely responsible for the information you provide. We will only act as a passive conduit for online distribution and publication of your information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or proprietary rights of others;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

 

We reserve the right to monitor the information posted by you on the website and decline/remove any information that violates the provisions of this clause.

 

  1. RIGHTS OF USE

Information provided by you will be used by us according to our Privacy Policy. In particular, the right of use includes the right of making contents publicly available on mobile and stationary end devices, the right of reproduction, the right of distribution as well as the right of broadcasting.

 

  1. LICENSE FOR PERSONAL USE

The Website is made available for your personal, non-commercial use only. The materials on this Web site are the property of the Company or its licensors, and are protected by relevant local and international copyright laws, trademark and international conventions. Except as explicitly provided in these term of use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may not store any significant portion of, nor distribute copies of, materials found on the website, in any form (including electronic form), without prior written permission. Requests for permission to reproduce or distribute materials found on the Website should be sent to the Company directly. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by the Company, the Website or any of its affiliates. However, without the prior written permission of the company, you may not frame any of the content of the website, nor incorporate into any other website or other service any intellectual property of the Company, its website or its licensors. You will not use the website to violate the copyright, trademark, or other intellectual property rights of any person or other entity. You many not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you.

 

  1. WARRANTIES

All warranties, relating to the products sold on the Website would be provided by the manufacturer/supplier of such product if applicable and the same would not in any manner be provided by the Website or the company. .Any claim in relation to the same should be raised against concerned manufacturer/supplier and not against the company in any case whatsoever. All products are provided on an as is basis 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.

It is the responsibility of the buyer 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.

The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are 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 we 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.

  1. OUR LIABILITY

As the Products are usually pre-owned, all are sold on an ‘as seen’ basis, based upon the descriptions and images appearing on our website. You acknowledge, however, that such Products may show signs of wear and usage, as is typical of pre-owned items.

We have the products examined and evaluated by third party professional authenticators and/or in house experts .before dispatching them in order to guarantee 100% authenticity and the website uses its best efforts to combat counterfeiting or the sale of banned Products or products that are not authorized for resale.

Incase of counterfeit product, you may return the product and receive a full refund if you get a proper certification of the product done from a professional third party stating that the product delivered by you is counterfeit. We will provide you the aforesaid refund at any time after the delivery of the said product to you provided the said third party states that the product delivered to you in counterfeit.

We, our affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. And products included in or available through this web site are provided “as is” and “as available” for your use. If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. Under no circumstances will we or our affiliates, agents or licensors be liable to you or anyone else for any damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. .It is clarified that we are not responsible for losses including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

  1. INDEMNITIES

You agree to indemnify us and hold us harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.

 

  1. EMAIL COMMUNICATION

You consent to receive communications from our website electronically. Our website 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 satisfy any legal requirement that such communications be in writing.

 

  1. MODIFICATION/NOTIFICATION OF CHANGES

We reserve the right to make changes to the Site, related policies and agreements, Terms and Conditions and the Privacy Policy at any time. If we make material modification to these terms, it will notify you by: sending an email to the address associated with your account. We will not be responsible for any failure due to which you do not receive the email.

 

  1. TERMINATION

We may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

 

  1. TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and property of other parties. You are not entitled to the use of such marks without the express written permission of the concerned owner. You will not bring disrepute, dilute or infringe any of the marks on this website. All information and content including any software programs available on or through the Site (“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 commercial or public purposes.

We are not associated with the brands that we sell and the same are the registered trademark of the respective brand owners.

 

  1. COMPLAINTS

All complaints regarding our products and services can be made at info@myluxurybargain.com.

 

  1. RELATIONSHIP BETWEEN THE PARTIES

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

 

  1. NOTICE

Except as explicitly stated otherwise, any notices shall be given to us by postal mail to Techedge Systems and Engineers Pvt Ltd., C -56/35. Sector – 62. Noida 201309 and to you on the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

  1. SEVERABILITY

If any provision of these Term and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.  The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision.  The waiver by either party of a breach of any provision of these Terms and conditions will not operate or be interpreted as a waiver of any other or subsequent breach.

 

  1. ARBITRATION & GOVERNING LAW

If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at New Delhi.

 

  1. MISCELLANEOUS

We may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the website page where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

 

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred.

 

We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.

 

 

  1. HEADINGS

 

The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

 

 

  1. ENTIRE AGREEMENT

 

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

 

 

  1. CONTACT US

 

If you have any questions or concerns regarding this Agreement, please contact us at: info@myluxurybargain.com.