Terms and conditions for the
online sale of goods

 

• THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  EXCEPT AS SET FORTH HEREIN, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CELEB LUXURY, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, OR GOODS BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the purchase and sale of products through https://www.celebluxury.com (the “Site“).  These Terms are subject to change by Celeb Luxury, LLC, (referred to as “Celeb“, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion.  The latest version of these Terms will be posted on this Site, and you should review these
Terms before purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to those changes.
• Order Acceptance and Cancellation. You agree that your order is an offer to buy all products listed in your order under these Terms.  All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion.  After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Celeb and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by e-mailing Celeb at info@celebluxury.com with a cancellation request.

• Prices and Payment Terms.
  • • All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after those changes.  Posted prices do not include taxes or charges for shipping and handling.  All of those taxes and charges will be added to your order total and will be itemized in your shopping cart and in your order confirmation e-mail.  We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.  We accept MasterCard, Visa, American Express, and Discover credit cards for all purchases.  You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges that you incur at the posted prices, including all applicable taxes, if any.
    • Shipments; Delivery; Title and Risk of Loss.
    • We will arrange for shipment of the products to you.  Please check the individual product page for specific delivery options.  You will pay all shipping and handling charges specified during the ordering process.

   

  • Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery service.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.
  • Returns and Refunds. Except for any products designated on the Site as non-returnable, we will accept a return of the products for (i) a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days from the date of purchase, and provided such products are returned in their original condition, still sealed in their original, undamaged packaging, or (ii) a product replacement, which option shall be chosen by us in our sole discretion.  To return products, you must e-mail our returns department at info@celebluxury.com to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product back to us.  No returns of any type will be accepted without an RMA number.

[You are responsible for all shipping and handling charges on returned items, other than for defective products. You bear the risk of loss during shipment.  We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.  All returns are subject to a [PERCENTAGE] restocking fee.] If we choose, in our sole discretion, to refund your returned product, refunds will be processed within approximately three (3) business days of our receipt of your returned merchandise.  Your refund will be credited back to the same payment method used to make the original purchase on the Site.  We offer no refunds on any products designated on this site as non-returnable, in which case we shall only replace your product.
• LIMITED WARRANTY.
THIS LIMITED WARRANTY, WHICH HAS A WARRANTY PERIOD OF [30] DAYS, GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 
[THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.CELEBLUXURY.COM/policies/terms-of-service AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.]
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY, WHICH SHALL BE FOR A PERIOD OF 30 DAYS.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
• Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site.  It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
• What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site.
• What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:

transportation;
storage;
improper use;
failure to follow the product instructions or to perform any preventive maintenance;
combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Celeb;
normal wear and tear; or
external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

• What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for a period of 30 days (the “Warranty Period“).  The Warranty Period is not extended if we replace a warranted product.  We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
• What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products.  We will also pay for shipping and handling fees to return the replacement product to you if we elect to replace the defective products.
• How Do You Obtain Warranty Service?
To obtain warranty service, you must e-mail our returns department at info@celebluxury.com during the Warranty Period to obtain a RMA number before shipping your product back to us. No returns of any type will be accepted without an RMA number.
• Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.  OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT DUE TO THE DEFECTIVENESS OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

• Goods Not for Resale. You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or other commercial purposes.
• Privacy.  We respect your privacy and are committed to protecting it.  Our Privacy Policy, which can be found at https://www.celebluxury.com/, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
• Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
• Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
• Dispute Resolution and Binding Arbitration.
  YOU AND CELEB ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11.  (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid.  The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

• You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
• You agree to an arbitration on an individual basis.  In any dispute, NEITHER YOU NOR CELEB WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

• Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 12 is null and void.  No assignment or delegation relieves you of any of your obligations under these Terms.
• No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.  The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Celeb.
•  No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
• Notices.
  • To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site.  Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting.  It is your responsibility to keep your e-mail address current.
  • To Us. To give us notice under these Terms, you must contact us by e-mail at info@celebluxury.com, which notice shall be effective upon delivery.  We may update our e-mail address by posting a notice on the Site.
• Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
• Entire Agreement. These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Text Marketing & Notifications

 

By consenting to Celeb Luxury’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

 

Opt-Out Procedure

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out.  If you opt out, you will receive one additional text message confirming your change in status.

 

Fees

We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at info@celebluxury.com for more information.

 

Modifications; Prohibited Content; Warranties

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.  Text marketing and notifications are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

 

These Terms of Services may be modified at any time by Celeb Luxury upon posting of the modified Terms of Services. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://celebluxury.com/policies/terms-of-service.

 

You acknowledge and agree to not send any prohibited content.  Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

 

You warrant and represent to Celeb Luxury that you have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.

 

Your right to privacy is important to us. You can view our Privacy Policy https://celebluxury.com/policies/privacy-policyto determine how we collect and use your personal information.

 

Arbitration and Class Action Waiver Agreement

Arbitration:

By using or purchasing Celeb Luxury products or services, you agree that any controversy, claim, action, or dispute between you and Celeb Luxury arising out of or relating to: (a) these terms, or the breach thereof; or (b) your access to or use of Celeb Luxury’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

 

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

 

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Davie, Florida, United States, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Florida, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Florida law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

 

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Celeb Luxury’s products or services (the “Opt-Out Deadline”). Venue for such Claim shall be limited to Broward County, Florida.  You may opt out by mailing a written notification to Celeb Luxury, LLC 6535 Nova Drive, Suite 106 Davie, FL 33317 United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Celeb Luxury. You are responsible for ensuring Celeb Luxury’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration. 

 

If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

 

Class Action Waiver:

You and Celeb Luxury agree that you may bring or participate in Claims against Celeb Luxury only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Celeb Luxury agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

Survival

The provisions of this agreement shall survive any cancellation or termination of your agreement to participate in any of our Text Marketing and Notifications programs.

 

Privacy Policy

Text Marketing & Notifications

 

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.

 

Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program. Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.  You can view our full Privacy Policy athttps://celebluxury.com/policies/privacy-policy.