The VILUXIORI.COM (“VILUXIORI”) website and its associated services, content, and platform (collectively “Platform”) is owned and operated by COVETTED, INC. (“COVETTED”, “our”, “us”, “we”), a Delaware corporation with its principal place of business in Austin, Texas. COVETTED has adopted this Terms of Service Agreement (“Agreement”) for VILUXIORI to inform you (“User(s)”) of your rights and duties when using the Platform. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Platform and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
COVETTED MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE VILUXIORI PLATFORM OR THIS AGREEMENT. IN THE EVENT COVETTED MODIFIES, LIMITS, CHANGES, OR REPLACES THE PLATFORM OR THIS AGREEMENT, COVETTED MAY – BUT IS NOT REQUIRED TO – NOTIFY YOU VIA THE VILUXIORI PLATFORM OR EMAIL. YOUR USE OF THE PLATFORM AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to VILUXIORI and the Platform is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Platform in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Platform. The Platform is operated in the United States and VILUXIORI makes no representation that its Platform or services or products are appropriate, lawful, or available for use in other locations.
Sellers warrant and represent that all Items sold on the Platform are authentic.
Any information, recommendations and/or services provided to you on or through the Platform is for general informational purposes only and does not constitute advice. VILUXIORI does not guarantee continuous, uninterrupted access to the Platform. Although VILUXIORI attempts to maintain the integrity and accuracy of the information accessible through the Platform, we make no guarantees as to its correctness, completeness, or accuracy.
You acknowledge and agree that VILUXIORI is the owner of, or has rights in and to, the Platform and its associated content, including but not limited to all intellectual property rights inherent therein. The Platform is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Platform for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Platform, whether in whole or in part, without the prior written consent of VILUXIORI.
VILUXIORI hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Platform for its customary and intended purposes. Violation of the terms of this Agreement or use of the Platform for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Platform or any portion of it will result in the termination of this license. Absent prior written permission from VILUXIORI, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Platform or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to VILUXIORI.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Platform are the property of their respective owners. Specifically, all photographs featured on the Platform are copyrighted and owned by VILUXIORI, unless otherwise stated. All VILUXIORI marks are the property of VILUXIORI, including, but not limited to VILUXIORI and all VILUXIORI logos. The Platform, including its look and feel, color selections, layout, and arrangement, is the trade dress of VILUXIORI. You are prohibited from using VILUXIORI’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of VILUXIORI.
Sellers and Buyers must create an Account with the Platform to sell and purchase merchandise. Buyers may create an Account for free, while Sellers must enter into a subscription membership to sell Items on the Platform.
All Sellers must apply and are subject to approval by VILUXIORI prior to selling Items on the Platform. VILUXIORI vets Sellers prior to allowing the sale of Items on the Platform and VILUXIORI reserves the right – in its sole an absolute discretion – to refuse Sellers from joining the Platform.
You have a duty to ensure that the information provided through the Platform and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Platform if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Platform. VILUXIORI reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify VILUXIORI for any damages that arise out of or in relation to the use of the Platform.
Registered Users agree to keep their Account secure from unauthorized access. Registered Users will login to their Account using an e-mail and Account password. Registered Users should not reveal their passwords to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact VILUXIORI immediately. Registered Users agree to hold harmless and indemnify VILUXIORI for any damages that arise out of or in relationship to the use of their Account.
Registered Users may cancel their Account from within your Account settings. If a Registered Users cancels their Account, VILUXIORI is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. VILUXIORI is under no obligation to provide you with the data associated with your Platform use and/or Account, except as otherwise provided in the Privacy Policy. VILUXIORI recommends that you maintain your own backup of information submitted to the Platform.
When creating an Account through the Platform, you are agreeing to receive email notifications from VILUXIORI and other third-parties. The email notifications from VILUXIORI contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Platform’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy. VILUXIORI does not endorse you or discriminate based upon any information provided by you or made available through the Platform.
a- Role of VILUXIORI. The role of VILUXIORI is expressly limited to making the Platform available and maintaining the Platform for all Users, including Sellers and Buyers. VILUXIORI is not responsible for the actual sale of any item and does not control the information, acts, or omissions provided by Sellers and/or Buyers. VILUXIORI is independent from Sellers and Buyers, and no partnership, joint-venture, employee-employer, or franchiser-franchisee relationship intended or created by the operation of the Platform by VILUXIORI.
VILUXIORI may, but is not obligated to, provide intermediary services between the Seller and Buyer in connection with customer service or dispute resolution matters. In the event VILUXIORI elects – in its sole and absolute discretion – to provide intermediary services, then the decision of VILUXIORI is final and binding on all parties and cannot be appealed, challenged, or reversed, unless a judgment is obtained from a competent court.
b- Relationship of the Parties. The Seller is responsible for accurately describing and pricing the Items it is offering for sale and for delivering the Items to the Buyer in accordance with the arrangements made between Buyer and Seller, including transfer of title and payment of sales tax or VAT or import/export duty to the appropriate authority.
The Buyer is solely responsible for determining the value, condition, and authenticity of the Items being purchased; to pay the purchase price to the Seller including sales tax, VAT, or import/export duties; and to arrange for shipping of the Items purchased.
The role of VILUXIORI is expressly limited as set forth in Section 7(a) above. VILUXIORI relies on the Sellers for all Item information and pricing. VILUXIORI is not responsible in any way for the description or pricing of Items on the Platform provided by the Seller. VILUXIORI is not responsible for the delivery or transfer of legal ownership of Items from Seller to Buyer. VILUXIORI is also not responsible for the delivery of payment from Buyer to Seller.
c- Items Available on the Platform. All Items displayed on the Platform are offered for sale subject to availability. Some Items displayed on the Platform are unique and offered by Sellers that usually have retail opportunities for the sale of the Item independent of VILUXIORI, and therefore some Items may no longer be available.
The Platform is designed to provide the Buyer with access to Items as the Sellers present them. The Buyer is aware that, unless stated otherwise, Items are neither new nor in ‘perfect’ condition. The available information about these Items may be limited, and an Item may require touch-up or repairs prior to use. Accordingly, VILUXIORI does not verify any information provided by the Seller (or its representative selling an item) and VILUXIORI makes no representations or warranties with respect to the Seller, the Item, or information related to the Item.
d- Offers to Purchase Outside of the Platform. Sellers and Buyers are prohibited from using VILUXIORI or the Platform to contact each other to make offers to buy or sell an Item outside the methods provided for by the Platform. Sellers and Buyers are also prohibited from using information obtained from the Platform to contact each other about buying or selling any Item available for sale on the Platform outside the methods provided for by the Platform. If a Buyer and/or Seller attempts to breach these guidelines, VILUXIORI may limit, restrict, or suspend the Buyer and/or Seller from using any feature of the Platform.
e- Taxes and Duties. The Buyer is entirely responsible for paying all applicable sales and use taxes, VAT, export and/or important taxes and duties, and all transactional taxes or levies related to each Item purchased (collectively, “Taxes”). The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer’s obligation. The Buyer must determine, pay, collect, remit, and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and important into the United States or any other country. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any application exemption from Taxes.
f- Import/Export Restrictions. Some Items offered for sale on the Platform may require cultural, customs, and regulated species permits for export from the country where they are located and/or imported into the Buyer’s country. Items may also be subject to a right of the country from which they are exported to purchase the Items from the Buyer. Neither the Seller nor VILUXIORI makes any representation, gives any warranty, or shall have any liability to the Buyer in respect of the requirement for, the availability, or issuance of valid export or import permits or the existence of exercise of preemption rights to purchase by governmental or regulatory authorities anywhere.
If the listing of any Item on the Platform states that the Item requires a special permit; if such requirement is disclosed after the Item’s order confirmation but before the shipper picks up the Item; or if the Buyer first learns that an export permit is required after the Item has been picked up by the shipper – and the Seller is unable to obtain the export permit within thirty (30) days after the later of order confirmation or disclosure of the requirement for the export permit – then the Buyer may rescind the sale of such Item by giving written notice to VILUXIORI and the Seller. In no event shall the Buyer be entitled to rescind a sale more than ninety (90) days after the date of sale.
If the sale is rescinded, the Buyer shall return the Item to the Seller at the Buyer’s cost, unless otherwise agreed. Upon such return, VILUXIORI and/or the Seller shall return to the Buyer the Item’s total purchase price. This limited right of rescission is not assignable and belongs solely to the Buyer.
g- Transfer of Title/Risk of Loss. The Seller of each Item offered for sale on the Platform represents and warrants that the Seller: (i) is the sole owner of such Item, or duly authorized by the owner to sell the Item; and (ii) will convey good and marketable title of such Item to the Buyer following payment of the Item’s total purchase price for the Item free and clear of any ownership claims by third parties.
In the case of Buyer-arranged shipping, risk or loss and title for such Item passes to the Buyer upon the Seller’s delivery of the Item to the carried selected by the Buyer for shipment or when the buyer picks up the Item from the Seller. In case of Seller-arranged shipping, risk of loss and title for such Item passes to the Buyer upon Buyer’s receipt of the Item.
h- Sales are “As-Is”. All Items displayed on the Platform as sold “AS-IS.” Neither the Seller nor VILUXIORI makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including, without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, or as to whether the Buyer acquires any reproduction right or other intellectual property right in any Item. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty, or representation. This does not affect the statutory rights of consumers that may apply depending on the jurisdiction in which the Buyer is located.
Any agreement between the Buyer and the Seller shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The provisions of the Commercial Agents Directive (86/658/EC) as implemented in any European jurisdiction (for example, in the UK via the Commercial Agents Regulations 1993) are expressly excluded from this Agreement. By using the Platform, Buyers select and purchase goods marketed by Sellers, solely of their own initiative, placing orders online via the Platform. You acknowledge that VILUXIORI has no control over the ultimate price Items are sold at or any sales terms ultimately entered between a Buyer and a Seller.
i- Expert Review. If the Buyer is purchasing an Item based in whole or in part on its stated provenance, designer, or creator, the Buyer may – at its option and at its own cost – arrange with the Seller to have Buyer’s selected expert review the Item prior to purchase. Selection of the expert is the sole responsibility of the Buyer. Any arrangements for inspection shall be made between the Buyer and Seller. Buyer expressly acknowledges that the Buyer’s use and/or reliance on any expert of as the Buyer’s own risk and cost.
j- Remedies for Non-Payment. If for any reasons the Buyer cancels payment made by credit card or other means following receipt of an order confirmation, or the Buyer otherwise fails to make any payment with respect to the total purchase price, then the Buyer shall remain liable to the seller for the total purchase price in full, as well as any additional costs related to the Item, including, but not limited to, applicable taxes, storage, and handling fees and any incurred costs or fees associated with collection of any amount due to VILUXIORI and/or the Seller. Without limitation for any other provision of this Agreement, in addition to any other remedies at law or equity, VILUXIORI reserves the right, at its election, to retain any and all payments paid by Buyer prior to default with respect to the Item as liquidated damages, and to cancel the sale of the Item without further obligation to Buyer.
k- Refusal of Transaction. VILUXIORI reserves the right to withdraw any Item from the Platform, to amend any content on the Platform, or to refuse service to anyone at any time in its sole and absolute discretion. VILUXIORI will not be liable to any Seller, Buyer, User, or other third-party based upon the foregoing actions.
l- Right of Cancellation [European Union Users]. This subsection applies where: (i) the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions, applies to a User that is a consumer based in the European Union (“EU Consumer”); and (ii) none of the express exclusions set forth below apply. Where this subsection applies, notwithstanding anything to the contrary in these Terms, the EU Consumer has the right to cancel its order without giving reason within 14 days from the day on which the EU Consumer or its designated recipient receives an Item (“Cancellation Period”). The EU Consumer must inform VILUXIORI, or the Seller, of its decision to cancel the order in writing (including by email) within this period. The Seller will refund all payments received from the EU Consumer/VILUXIORI for the Items purchased and the EU Consumer shall incur no fee as a result of such refund. Any refund may be withheld until the Seller has received the Items back from the EU Consumer. The EU Consumer must send back the Item following the instructions of the Seller (but in all cases the EU Consumer will be given at least fourteen (14) days to return the Item from the date of cancellation), and the EU Consumer will be required to bear the cost of returning any Item to the Seller. The Seller may make a deduction from the refund for loss in value of the Item returned due to the EU Consumer’s handling of the Items beyond what is necessary to establish the nature, characteristics and functioning of the Item. No restocking fees will be applied to refunds under this subsection. The right of cancellation does not apply to: (A) the supply of any Item made to the Buyer’s specifications; (B) the supply of any Item which may deteriorate or expire rapidly; (C) the delivery of any Item which is not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed inseparably (according to their nature) with other items; (D) the delivery of sealed video or audio recordings or of sealed software if unsealed by the Buyer after delivery; and (E) the supply of digital content if the Buyer accepted when it placed the order that delivery could be started and that the Buyer could not cancel once delivery had started, or other statutory exceptions.
To exercise this right of cancellation, an EU Consumer must send written notice during the Cancellation Period to EU Consumer Rights, VILUXIORI, Inc., 51 Astor Place, 3rd Floor, New York, NY 10003 or email us at contact@VILUXIORI.com with the subject line “EU Consumer Rights.” The notice should state your name, residential address, contact details and email address, VILUXIORI account number, invoice number, Item Number, date of delivery to your possession, and that you wish to exercise the EU Consumer Rights Directive right of cancellation.
When making a purchase from the Platform for a VILUXIORI product, payments are processed through third-party payment processors, namely Stripe or PayPal. By utilizing these processors, you are agreeing to their separate Terms of Service found Stripe: here and PayPal: here.
Pending authorizations may remain on your credit care for a period of time, even after the transaction is voided, cancelled, and/or modified, as determined by your individual credit card provider.
VILUXIORI takes a service fee from all Items sold by a Seller on the Platform. VILUXIORI reserves the right to charge and/or change the service fee at any time. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Platform and purchases made therefrom. You understand and agree that VILUXIORI will not be held liable for any User’s failure to complete a transaction entered into through the Platform.
Users may submit and upload content to the Platform, including, but not limited to text, photos, videos, name, image, and likeness (collectively “User Generated Content”).
Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Platform’s associated services. User Generated Content posted to public areas of the Platform, including as comments to posts and reviews, will be publicly visible to all visitors of the Platform. You expressly acknowledge, however, that VILUXIORI does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Platform, you grant VILUXIORI a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Platform and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Platform or its associated services, improving the Platform or its associated services, and archiving or making backups of the Platform. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Platform, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Platform will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Platform. VILUXIORI acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. VILUXIORI does not guarantee the confidentiality of any User Generated Content you share through the Platform with any third party.
VILUXIORI reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. VILUXIORI also reserves the right to terminate a User’s access to the Platform for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
To learn more about VILUXIORI’s copyright policies and learn how to submit an infringement claim based upon User Generated Content, please reference VILUXIORI’s Copyright Policy below in Section 11 below.
VILUXIORI is pleased to hear from you and welcomes your feedback about the Platform. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Platform and Service at our sole discretion without any obligation to you.
In the event you submit any feedback and/or ideas to us about the Platform, you grant us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your idea or feedback into our intellectual property.
The VILUXIORI.COM website (“Platform”) and its associated content and services are © 2023 VILUXIORI (“COMPANY NAME”).
VILUXIORI respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Platform and all content within this site are the property of VILUXIORI and are protected by copyright and other intellectual property laws.
By using this Platform, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of VILUXIORI has infringed upon your copyright rights, please provide VILUXIORI with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once VILUXIORI receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. VILUXIORI will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to VILUXIORI with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be compliant with § 512 of the Digital Millennium Copyright Act and must also contain the following:
Conversely, if you are a Platform user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
Notifications of copyright infringement and counter-notifications may be submitted to:
VILUXIORI Copyright Agent
Traverse Legal, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49684
Telephone: 231-932-0411
Email Address: dmcaagent@traverselegal.com
With a copy e-mailed to contact@VILUXIORI.com
You expressly agree that you will not use the Platform to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Platform.
Specifically, you are prohibited from:
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to VILUXIORI by sending an email to: contact@VILUXIORI.com.
VILUXIORI reserves the right, but accepts no obligation, to monitor any activity and content on the Platform. VILUXIORI may investigate any reported violations of applicable law, rule, or regulation applicable to all Users or transactions on the Platform and act as it deems appropriate, including, but not limited to, issuing warnings, suspending or terminating service, denying access or removing any content from the Platform. VILUXIORI may also investigate the use of a credit card by a Buyer and take such action as VILUXIORI deems appropriate, including, but not limited to, cancelling any offer placed by such Buyer.
The Platform is fully accessible via a mobile device. To the extent you access the Platform through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. VILUXIORI is not responsible for any fees or errors that occur while accessing the Platform via mobile device.
You acknowledge and agree that VILUXIORI is an interactive computer service provider under Section 230 of the Communications Decency Act. Though VILUXIORI may edit, remove, or control the content displayed through the Platform, you agree that VILUXIORI will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Platform or otherwise.
You understand that the Platform may contain links to third party websites, applications, or services that VILUXIORI does not own or control. You agree that VILUXIORI will not be held responsible or liable for the content of third-party websites, applications, or services and that VILUXIORI’ inclusion of those websites, applications, or services within its Platform does not constitute VILUXIORI’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, VILUXIORI will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. VILUXIORI does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Platform do not necessarily state or reflect those of VILUXIORI and are not intended to be used for product endorsement purposes.
This Agreement will remain in full force and effect so long as the Platform is in operation. This Agreement may be terminated at any time. VILUXIORI is entitled to terminate the Agreement at any time and with immediate effect, by disabling your use of the Platform. VILUXIORI is not obliged to give notice of the termination of the Agreement in advance.
If you wish to terminate this Agreement and close your Account, please send an email to contact@VILUXIORI.com with “Account Termination Request” in the subject line. The request must be received from the same email that we have registered your Account with, and should specify the account email and full name of the Account holder. Under no circumstances will a termination request be accepted when received via phone or otherwise.
VILUXIORI DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM. VILUXIORI PROVIDES THE PLATFORM ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
VILUXIORI WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE PLATFORM, OR ANY CONTENT TRANSMITTED THROUGH THE PLATFORM. VILUXIORI IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. VILUXIORI RESERVES THE RIGHT TO DISCONTINUE THE PLATFORM AT ANY TIME. VILUXIORI ALSO DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE PLATFORM OR OTHERWISE.
VILUXIORI WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE PLATFORM AT ANY TIME.
VILUXIORI – INCLUDING ITS AFFILIATES, LICENSORS, AND EACH OF THEIR OFFICERS, DIRECTORS, INVESTORS, SHAREHOLDERS, OTHER USERS, EMPLOYEES, ATTORNEYS, AND AGENTS – SHALL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PLATFORM OR PRODUCTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT VILUXIORI CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES THROUGH THE PLATFORM, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO VILUXIORI, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. VILUXIORI IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend VILUXIORI, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Platform, your use or provision of any services made through the Platform, your reliance upon advice provided through the Platform, your submission of User Generated Content to the Platform, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend VILUXIORI under the terms of this Agreement will not provide you with the right to control VILUXIORI’s defense, and VILUXIORI reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify VILUXIORI.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. VILUXIORI may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Platform.
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles. In the event that the arbitration clause below is found not to apply to you or a particular claim or Dispute, both you and VILUXIORI submit and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.
VILUXIORI offers the following process to help you resolve a complaint or Dispute (as defined below in Section 24(a)) that you may have with VILUXIORI or use of this Platform. Please read this section carefully. Our Customer Service Department, which you can reach at contact@VILUXIORI.com, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you have with us.
a- Step 1 – Notice of Dispute. You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by email to contact@VILUXIORI.com.
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, we will attempt to resolve with you any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, either you or VILUXIORI may initiate an arbitration proceeding as described below.
As used in this Agreement, the term “Dispute” will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and VILUXIORI relating to the Platform; any goods offered or purchased from us; any transaction or relationship between us resulting from your use of the Platform or purchase of any goods from us; communications between us; the purchase/order/use or goods from the Platform; or this Agreement – whether in contract, warranty, tort, laws, or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
b- Step 2 – Arbitration. IN THE EVENT A DISPUTE CANNOT BE RESOLVED WITHIN 45 DAYS FROM WHEN VILUXIORI RECEIVED YOUR NOTICE OF DISPUTE, YOU AND VILUXIORI AGREE TO BINDING ARBITRATION. ARBITRATION SHALL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE PLATFORM, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM VILUXIORI, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND VILUXIORI AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND VILUXIORI AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
VILUXIORI hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Platform. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind VILUXIORI.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Platform is not directed to persons under the age of eighteen (18) and VILUXIORI will not knowingly collect personally identifiable information from children under the age of eighteen (18). If VILUXIORI inadvertently collects such personally identifiable information, VILUXIORI will delete the personally identifiable information in accordance with its security protocols.
This notice is for Users of the Platform residing in the State of California. Please be advised that Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
VILUXIORI AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE PLATFORM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VILUXIORI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to VILUXIORI.
VILUXIORI may give notice by means of a general notice on the VILUXIORI Platform; by email to your email address on record in VILUXIORI’s Account information; or by written communication sent by standard mail to your address on record in VILUXIORI’s Account information.
You agree that VILUXIORI may send you email notifications from time to time as may pertain to your Account. If VILUXIORI sends you an email notification, that email will be considered to have been received by you within twenty-four (24) hours from the time we email you.
Any notice to VILUXIORI must be in writing and must be emailed to: contact@VILUXIORI.com.
VILUXIORI is an exclusive, trusted marketplace, discovery platform and destination for highly desired luxury goods from vetted brands and designers who have curated their boutiques with their finest goods.
We view luxury as an emotion and not just as a price point. It’s about finding that unique, coveted item that sparks joy and excitement when it arrives on your doorstep. It’s about supporting creators that pour their hearts into bringing their creations to life that in turn enrich our own lives through their beauty.
A discovery platform and luxury shopping destination, we are building a worldwide network of trusted luxury boutiques. Our team of experts spends time vetting and getting to know our boutique partners to bring you peace of mind and confidence on your shopping journey.
Authenticity is paramount at VILUXIORI. Our team of experts vet each and every boutique on VILUXIORI who are committed to the authenticity of their goods. The posting of counterfeit goods or misleading seller information is grounds for removal from VILUXIORI.com.
VILUXIORI does not hold any credit card information and leverages a third party for all transactions. We accept all major forms of credit cards with secure payment protection for your purchase.
All VILUXIORI purchases receive free standard shipping within the United States, unless otherwise noted by the boutique. Returns are at the discretion of our boutiques. Please review all boutique policies before purchasing.
