Terms and Conditions

Terms and Conditions of Moda Luxe Shop and Terms of Use for the Moda Luxe Shop website

These Terms and Conditions (hereafter "Terms") govern the use of the Moda Luxe Shop website and all legal relationships between users and Moda Luxe Shop. Unless otherwise agreed, these terms and conditions apply to all types of access to the Moda Luxe Shop website. Any user who uses the Moda Luxe Shop website (even outside of a purchase or sale process or a preparatory action) hereby accepts these terms and conditions. Any special promotions initiated or supported by Moda Luxe Shop may be subject to different terms and conditions.

 

A buyer is a private or commercial purchaser (consumer or contractor) who submits a purchase offer for a sales item offered on the Moda Luxe Shop website or through another distribution channel.

 

  1. General information about the ModaLuxe website, contractor

1.1

The ModaLuxe website can be visited without registration. 

1.2

As a buyer, users registered with Moda Luxe Shop can view descriptions and images of sales items through the Moda Luxe Shop. 

 

  1. Setting up user accounts

2.1

Only legal persons, partnerships and natural persons with unlimited legal capacity may register. Minors have no right to register on the ModaLuxe website. 

2.2

Only a natural person who has the right of representation and who must be listed by name may register for a legal person (eg a limited liability company) or another company or community with its own legal personality (eg a limited partnership or an association). Furthermore, when setting up the user account, only individuals may be registered as owners (ie eg no married couples, families or total communities).

2.3

All data requested by ModaLuxe upon registration must be complete. The information must be given to the best of the knowledge and belief of the user. Mandatory data include first name, last name, date of birth, a valid address, a valid e-mail address and telephone number and, if applicable, the company name and a representative. In addition, the user can provide further information on request, eg. B. deposit a profile photo. The user is obliged to keep all registration data up-to-date, ie to update the given data immediately in case of a change.

2.4

When registering a username and password will be awarded. The user enters the obligation to protect his access data from access by third parties. He must take appropriate measures to secrecy and prevent the misuse of his user account by third parties. If the user has any suspicions that third parties have gained access to his user account, he undertakes to inform ModaLuxe immediately, eg. Eg via the following e-mail address: info@modaluxeshop.com . ModaLuxe will not share a user's password with third parties. ModaLuxe will never ask a user for their password either by email or phone.

2.5

The user is liable for all activities that are carried out using his user account. 

2.6

User account information that is not complete or has not completed registration can be deleted at any time by ModaLuxe. 

2.7

Similarly, ModaLuxe reserves the right - but is not obligated - to delete a user account due to inactivity (no access to the user account for more than 1 year). ModaLuxe will inform the user about the deletion and set a deadline. A user with a deleted user account may re-register again.

 

  1. Purchase of a sales item

3.1

The ModaLuxe registered buyer can add a sales item on the ModaLuxe website to their cart by clicking the "add to cart" button.  This intermediate step. Before buying, the buyer has the opportunity to review all data entered by him and put into the shopping cart items, make corrections to the contents of the cart and / or remove sales items from it. A binding purchase offer comes only with the click on the last step . Immediately thereafter the buyer receives a confirmation of the receipt of his purchase offer. The issuance of this confirmation by ModaLuxe does not constitute a statement of acceptance of the purchase offer on behalf of the seller.

3.2

The purchase contract is only concluded with the delivery confirmation from ModaLuxe to the buyer. ModaLuxe reserves the right to refuse the offer of the buyer without giving any reason. In this case, ModaLuxe informs the buyer accordingly. Between the submission of the purchase offer and the declaration of acceptance, a period of up to 7 working days may be due to delivery times and the time required to review the object of sale by ModaLuxe. As long as the buyer has not yet received a shipping confirmation, he can revoke his purchase offer at any time and without giving reasons by written declaration to ModaLuxe, whereby an e-mail to info@modaluxeshop.com the written form is sufficient. Any payments already made by the buyer before the shipment confirmation are made with reservation. If the purchase contract is not concluded, already paid payments of the buyer will be refunded, but without any interest.

 

  1. Payments and terms of payment

4.1

All prices listed on the ModaLuxe website for a sales item are final prices in EUR, including applicable VAT, plus the applicable shipping costs. In each case, the terms and conditions defined in clause 5 at the time of the conclusion of the contract shall apply.

4.2

The following payment options are currently available for payment at ModaLuxe:

  • Visa & MasterCard (including Maestro)
  • American Express
  • IMMEDIATELY transfer
  • PayPal
  • PostFinance Card & e-finance

ModaLuxe reserves the right to introduce further payment options or to exclude already introduced payment options. Depending on the chosen payment method, the buyer may incur additional costs not to be influenced by ModaLuxe (eg credit card fees).

 

  1. Shipping of the object of sale, delivery times and costs

5.1

If a sale item is not available, 2 working days after receipt of the purchase offer, ModaLuxe will refuse the buyer's purchase by e-mail. The buyer can reply to ModaLuxe by email if he wants to commit to his purchase offer for another 14 business days. In the case of non-fulfillment of the contract of sale, ModaLuxe shall reimburse immediately any payments already made to the object of sale to the buyer.

5.2

Delivery times amount to a maximum of 21 working days. The buyer can view the current delivery status on the ModaLuxe website. Delivered a sales item is basically only to the delivery address, which the buyer has deposited in his user account. Deviations from this must be agreed separately with ModaLuxe.

5.3

Delivery fees have to be paid by the customer. 

5.4

Buyers must pay attention to import regulations (eg for fur trimmings on sales objects or special types of leather, etc.). ModaLuxe is not responsible and is exempt from any liability in this regard. Any regulatory approvals required for import / export must be provided by the purchaser in their own name and at their own expense. Likewise, buyers bear the additional costs, fees or taxes that may be incurred when importing sales items into the respective country of destination. These costs neither reduce the purchase price.

 

  1. User comments

6.1

Registered users can post a text message (comment) on a ModaLuxe website's merchandise page. This publicly visible comment for all users appears with the username and possibly the user profile picture stored in the user account. The user hereby agrees that his comments may be translated and published by another program (eg Google Translate) into another language. The user is also aware that his comments, if necessary with his profile picture, are publicly available and, if necessary, can also be found by means of search engine research.

6.2

The purpose of the comment function is to review the purchase of an item. It is prohibited to use the comment function to violate the rights of third parties to the personality, copyright, trademark or other rights, to offend, harass or threaten third parties, or anti-constitutional, violent, obscene, immoral, political or ideological statements to spread.

6.3

Likewise, it is prohibited to use the Comment feature for purposes of advertising to other companies (even if it is free of charge), to prompt users to visit another website or sales platform or to downplay or discredit ModaLuxe and / or another company. 

6.4

Examination of comments prior to publication by ModaLuxe is expressly excluded. However, ModaLuxe reserves the right to wholly or partially delete or obscure comments at any time without warning and giving reasons. ModaLuxe also has the right to temporarily or permanently exclude users from the comment feature.

6.5

If third parties raise any claims or claims against ModaLuxe for comment, in particular on the grounds that a comment is unlawful, the user from whose account the comment was posted has the obligation to immediately provide ModaLuxe with all data useful for defense and ModaLuxe on first request from all claims of the third party (eg claims for damages, legal fees and court costs) indemnify. Further claims of ModaLuxe against the user remain unaffected.

 

  1. Warranty and liability

7.1

ModaLuxe assumes no liability for third-party content or references to other media and websites on the ModaLuxe website.

7.2

After shipment, the risk of accidental deterioration and accidental destruction of the goods is transferred to you. We are not responsible for a fault of the transport company used.

 

  1. Deletion of a user account

8.1

A registered user can have their registration deleted at any time. The cancellation request should be sent to info@modaluxeshop.com . ModaLuxe will delete the corresponding user account immediately. At the time of termination, the user's obligations, which are already existing, remain unaffected by the cancellation. 

8.2

ModaLuxe is entitled to unilaterally delete a user registration for good cause at any time. As an important reason in particular:

  • any attempt to sell plagiarism or otherwise infringing goods via the ModaLuxe website;
  • any attempt to sell through the ModaLuxe Website, any third-party property without the owner's permission;
  • any abuse of the communication possibilities of the ModaLuxe website, which leads to insults, harassment, threats of third parties or through which immoral, obscene, violent, youth-endangering, political or ideological information is disseminated;
  • any breach of essential contractual obligations in the context of the use of the ModaLuxe website, either to ModaLuxe and / or other users;

 

  1. Blocking and restricting user accounts

9.1

ModaLuxe has the right, in the case of its legitimate interest, eg. B. on suspicion of breach of these terms and conditions, the user account and / or selected or all objects of sale of the user without notice to lock or restrict and thus exclude the user in whole or in part from further use of the ModaLuxe website. The blocking can be limited in time or unlimited.

9.2

Likewise, ModaLuxe has the right to limit all or part of its time or permanently for individual users or in general access to the ModaLuxe website or to discontinue the ModaLuxe website. Conceivable triggers include, for example, misuse of the ModaLuxe website by a user, the prevention of harmful substances (eg Trojans, viruses) and the protection of one's own interests.

 

  1. Availability of the website

10.1

ModaLuxe endeavors to make the ModaLuxe website available to users and the general public with an annual average availability of 95%. This number does not include downtime due to improvements, modifications and / or optimization of the ModaLuxe website (including software updates and server maintenance).

10.2

No user can claim that ModaLuxe makes its website permanently available or does not make any modifications to it.

 

  1. Intellectual property

The ModaLuxe website and all content posted there (especially software, files, designs, graphics and data) are and remain the property of ModaLuxe. ModaLuxe has been granted rights of use and is governed by the relevant intellectual property rights including copyright and intellectual property rights

Protected trademark rights. Any unauthorized use of the ModaLuxe website, in particular the reproduction, presentation, distribution to others, communication, circulation, distribution, modification, licensing, sale or any other use of the website or its contents, texts, parts of texts, static or animated graphics, audio data, software, goods or services, or any other data or information, is expressly prohibited without the prior written consent of ModaLuxe. In particular, methods such as framing and inline linking of the website and content are prohibited.

 

  1. Change of the terms and conditions

ModaLuxe can change these terms and conditions at any time. Changes will be announced either by e-mail or on the ModaLuxe website 7 calendar days before they become effective. The changes are considered accepted unless a user objects to them during the 7-day period. The consequences of a failure to object are explained in the notice of amendment.

 

  1. Privacy

ModaLuxe complies with the legal provisions for the collection, storage and processing of personal user data. Details are set forth in the Privacy Policy . The privacy policy forms an integral part of these terms and conditions.

 

  1. Information on distance contracts and contracts in electronic

For all links to other sites on the Internet, ModaLuxe expressly declares that it has no influence on the design and content of the linked sites. As a precaution, ModaLuxe  dissociates itself from all third-party content with which www.ModaLuxe.com is linked. ModaLuxe does not endorse these contents and assumes no liability and guarantee for these external contents.

 

  1. Severability clause and others

15.1

If any provision of these Terms and Conditions is invalid in whole or in part, the remaining provisions remain unaffected.

15.2

ModaLuxe has the right to transfer all or part of its rights and obligations under the Agreement to third parties. The user will be informed in good time. He has the right to object to this transfer for legitimate reasons within 14 working days of receipt of the communication.

 

  1. Law, contract language, jurisdiction

16.1

ModaLuxe offers the contents of the website in English. For all questions, doubts or disagreements regarding the legal assessment or interpretation of these terms and conditions, the english language version is authoritative.

16.2

These terms and conditions as well as the purchase contracts concluded on ModaLuxe website are governed exclusively by the law. This choice of law applies to consumers only to the extent that the consumer is not deprived of the protection afforded him by the mandatory consumer protection regulations of the state in which he has his usual.

16.3

The ModaLuxe reserves the right to sue the user at his general place of jurisdiction. Deviating mandatory jurisdictions remain reserved.

16.4

All images of the products uploaded to the ModaLuxeShop.com website are protected by copyright which are owned by the brand itself or owned by similar websites

16.5

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

 

Status of the Terms and Conditions: (14.05.2018)