LuxLoveLouis® LLC – Comprehensive Terms & Conditions
Effective Date: May 27, 2025
Last Updated: May 12, 2025

1. Introduction

Welcome to LuxLoveLouis® LLC (“LuxLoveLouis,” “we,” “our,” or “us”), a luxury consignment store specializing in pre-owned designer handbags and accessories. These Terms & Conditions (“Terms”) form a legally binding agreement between LuxLoveLouis and you (“you,” “Consignor,” “Customer,” or “User”), governing your access to and use of our website (luxlovelouis.com), Instagram live sales, mobile applications, and any other related services offered by LuxLoveLouis (collectively, the “Services”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of these Terms, you must not access or use our Services.

2. Definitions

For clarity and ease of understanding, key terms used throughout these Terms are defined below:

• Consignor: An individual or entity consigning luxury items for sale through LuxLoveLouis.
• Customer: An individual or entity purchasing items through our Services.
• Item: Any luxury handbag, accessory, or product consigned or offered for sale via LuxLoveLouis.
• Services: Includes the website (luxlovelouis.com), Instagram live sales, mobile apps, and other platforms operated by LuxLoveLouis.
• Authentication: The process employed by LuxLoveLouis to verify item authenticity, including Entrupy AI technology and reputable third-party services.

3. Acceptance and Modifications of Terms

• Agreement Acceptance: By using our Services, you signify your agreement to comply with and be bound by these Terms. You confirm that you are at least 18 years old and legally capable of entering binding contracts.
• Modification of Terms: LuxLoveLouis reserves the right to amend these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our Services, indicated by the revised “Last Updated” date. Your continued use of the Services following any changes signifies your acceptance of the revised Terms.

4. Account Registration and Security

• Registration Obligations: To access certain features of our Services, you may need to register an account. You agree to provide accurate, current, and complete information and promptly update such information to maintain its accuracy.
• Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. Notify us immediately of any unauthorized access or use of your account.
• Account Restrictions: LuxLoveLouis reserves the right to terminate accounts, remove content, or restrict access to our Services at our sole discretion without prior notice.

5. Consignment Terms and Procedures

5.1 Consignment Acceptance

• Submission: Items for consignment must be submitted via our website consignment form or direct communication through Instagram or email. Submission must include clear, accurate descriptions and high-quality photos.
• Approval Process: LuxLoveLouis reviews submitted items and, at our discretion, approves items based on authenticity, condition, marketability, and current inventory needs.

5.2 Consignment Period

• Initial Period: The initial consignment period is ninety (90) days from item acceptance.
• Renewal: If unsold after the initial period, you may choose to retrieve the item (subject to retrieval fees and conditions) or extend the consignment for an additional ninety (90) days.
• Automatic Renewal: If no retrieval decision is communicated within seven (7) business days after consignment expiration, your consignment will automatically renew for another 90-day term.

5.3 Pricing, Fees, and Commission Structure

• Pricing Authority: LuxLoveLouis sets initial pricing based on market analysis and reserves the right to decrease item prices by up to $25 per week to facilitate sales, with a maximum allowable price reduction of $250 per item.
• Commission Structure (as of May 12, 2025):
• $1–$999: 60% seller commission
• $1,000–$1,999: 70% seller commission
• $2,000–$4,999: 80% seller commission
• $5,000 and up: 85% seller commission
• Note: Commissions are calculated after discounts and fees.
• Additional Costs: Authentication, cleaning, repair, or other item-specific fees will be disclosed and must be approved by the Consignor before consignment acceptance.

5.4 Authentication Requirements and Fees

• Mandatory Authentication: All items undergo a rigorous authentication process using Entrupy AI technology and/or third-party experts.
• Authentication Costs: Fees vary by brand and model and are non-refundable, regardless of sale outcomes. Authentication fees must be agreed upon prior to consignment acceptance.
• Counterfeit Items: If an item is determined counterfeit, a $275 administrative fee plus return shipping costs apply. LuxLoveLouis will fully comply with applicable state and federal anti-counterfeit laws, including reporting to authorities if necessary.

5.5 Item Care and Responsibility

• Handling and Storage: LuxLoveLouis will exercise utmost care in handling and securely storing your consigned items.
• Liability Limitations: LuxLoveLouis is not liable for loss, damage, or theft due to circumstances beyond our reasonable control, including but not limited to shipping transit, natural disasters, or theft by third parties.

6. Payment Terms and Procedures

6.1 Payment Methods

LuxLoveLouis accepts payments via credit/debit card (Visa, Mastercard, American Express, Discover), PayPal, Zelle, and bank transfers. Payment method availability is subject to change without prior notice.

6.2 Payment Timing and Responsibilities

• Consignor Payments: Payments to consignors are processed within three (3) business days after the item’s sale, net of applicable commissions, discounts, fees, and taxes.
• Accurate Payment Information: Consignors must provide accurate payment details. LuxLoveLouis will not be held responsible for funds misdirected due to incorrect information provided by consignors. Any transaction errors resulting from incorrect details are solely the responsibility of the consignor.

6.3 Retrieval Fees for Non-Sold Items

• Standard Retrieval: Consignors choosing to retrieve unsold items after the consignment period must pay a return fee of 12% of the original listing price, capped at $220 per item. This fee covers costs associated with marketing, storage, photography, item processing, and administrative services. Additional charges will include shipping costs and authentication expenses if applicable.
• Early Retrieval: Early retrieval before the completion of the initial consignment period will incur a flat fee of $175. This fee covers administrative processing, marketing expenses, storage, and other associated costs. Additionally, consignors will be responsible for any shipping and authentication fees.

7. Shipping and Delivery

7.1 Shipping Costs and Responsibilities

• Return Shipping: When retrieving unsold consigned items, consignors are responsible for all shipping costs. These costs are determined based on the item’s size, weight, destination, and current USPS shipping rates.
• Shipping Insurance: LuxLoveLouis strongly recommends purchasing additional shipping insurance. LuxLoveLouis is not liable for any items that are lost, damaged, or otherwise compromised during shipping. Shipping insurance can be provided at an additional charge upon consignor’s request.

7.2 Processing Times

• LuxLoveLouis typically processes retrieval and shipping requests within two to four business days after confirmation and payment of any applicable fees.
• Items will be shipped via USPS, with a required signature confirmation for secure delivery.

8. Instagram Live Sales Terms

8.1 Purchase Commitment

• By commenting “sold” during a live Instagram sale, customers agree to a binding purchase commitment. LuxLoveLouis will invoice customers immediately following the sale.
• Payment for items claimed during live sales must be made within 24 hours of invoicing. Failure to comply will result in the forfeiture of the claimed item and may result in exclusion from future sales.

8.2 Final Sale Policy

• All items purchased through Instagram live sales are final sales. LuxLoveLouis does not accept returns, exchanges, or provide refunds for items purchased during these events.
• Customers are encouraged to thoroughly inquire about item conditions, request additional images, or ask detailed questions during live sales to ensure satisfaction with the purchase.

9. Privacy and Data Protection

LuxLoveLouis places the utmost importance on safeguarding user privacy and data security. Personal data collected through LuxLoveLouis’s platforms and services is treated with confidentiality and is managed in compliance with our comprehensive Privacy Policy. Users are encouraged to regularly review our Privacy Policy to understand how personal information is collected, utilized, and protected.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

• In the event of a dispute arising from or related to these Terms, the involved parties agree to attempt resolving the issue amicably through informal negotiation. Written notice of the dispute must be provided by either party, initiating a negotiation period of 30 days.

10.2 Arbitration Agreement

• If a dispute remains unresolved after informal negotiations, it will proceed to binding arbitration conducted by the American Arbitration Association (AAA) in accordance with their rules.
• Arbitration proceedings will be held in Charleston, South Carolina. By agreeing to arbitration, both parties waive the right to a trial by jury and court proceedings.

11. Governing Law

These Terms shall be governed by and interpreted according to the laws of the State of South Carolina, without regard to its conflict of law provisions. All parties agree to submit exclusively to the jurisdiction of state and federal courts located in Charleston, South Carolina, for any disputes that may arise from these Terms.

LuxLoveLouis® LLC – Comprehensive Terms & Conditions
Effective Date: May 12, 2025
Last Updated: May 12, 2025

12. Anti-Counterfeit Policy

12.1 Commitment to Authenticity

LuxLoveLouis maintains a firm zero-tolerance policy against counterfeit goods. We uphold the highest standards of authenticity for every luxury item consigned or sold through our platform. To ensure authenticity, all items undergo comprehensive verification processes, including utilizing industry-leading Entrupy AI technology and reputable third-party authentication services.

12.2 Authentication Procedure

• Entrupy Technology: LuxLoveLouis employs Entrupy’s advanced artificial intelligence technology to authenticate luxury items. Entrupy technology uses microscopic analysis, AI verification algorithms, and extensive database comparisons to ensure authenticity with unparalleled accuracy.
• Third-Party Authentication: Items may also be authenticated by certified third-party experts for additional validation. Authentication methods are chosen based on the item’s brand, model, and specific authentication requirements.

12.3 Counterfeit Detection and Fees

• Counterfeit Identification: If an item submitted for consignment is determined to be counterfeit, consignors will be immediately informed.
• Administrative Fees: Consignors will be charged a $275 administrative fee for handling counterfeit items, which covers authentication costs, administrative processing, and associated expenses.
• Return of Counterfeit Items: Consignors are responsible for return shipping costs of counterfeit items. Payment of the administrative fee and shipping costs must be completed before the return shipment of the counterfeit item.

12.4 Legal Compliance

• Federal and State Laws: LuxLoveLouis complies with all applicable laws, including the Lanham Act (15 U.S.C. §1114), which prohibits trafficking counterfeit goods, and South Carolina Code §39-15-1195, which criminalizes the sale or distribution of counterfeit items.
• Law Enforcement Cooperation: LuxLoveLouis actively cooperates with federal, state, and local law enforcement authorities to combat and prosecute counterfeit activity.

12.5 Indemnification

• Consignor Responsibility: By consigning with LuxLoveLouis, consignors agree to indemnify, defend, and hold harmless LuxLoveLouis, its affiliates, officers, directors, employees, and representatives from and against any claims, liabilities, damages, or expenses resulting from consignors' violation of applicable anti-counterfeit laws.

13. Resale Restrictions Clause

13.1 Warranty and Representation

Consignors represent and warrant that items consigned to LuxLoveLouis are free from resale restrictions by manufacturers, brands, or any third parties. Consignors affirm they have full legal authority to sell consigned items without breaching agreements or violating applicable laws.

13.2 Compliance with Laws

Consignors acknowledge their obligation to comply with federal, state, and local regulations concerning the resale of luxury goods, including intellectual property rights, consumer protection, and contract laws. Compliance with the Federal Trade Commission (FTC) guidelines for the resale of goods is mandatory.

13.3 Indemnification for Breach

Consignors agree to indemnify and hold harmless LuxLoveLouis, its affiliates, employees, and representatives from all claims, liabilities, and damages arising from breaches of representations regarding resale restrictions or violations of relevant laws.

13.4 Verification Rights

LuxLoveLouis reserves the right to verify the absence of resale restrictions on consigned items. Items discovered to have resale restrictions may be refused or returned at the consignor’s expense.

13.5 Required Documentation

Consignors must provide documentation substantiating their rights to resell items, including original purchase receipts, warranty information, and other relevant documents.

14. Intellectual Property Rights

14.1 Ownership and Use

LuxLoveLouis retains ownership of all content provided on its platforms, including but not limited to text, graphics, logos, images, software, databases, and design elements. These materials are protected by applicable intellectual property laws.

14.2 Restrictions on Use

Unauthorized use of LuxLoveLouis's intellectual property, including reproduction, distribution, modification, or commercial exploitation without express written permission, is strictly prohibited.

14.3 Limited License

Users are granted a limited, non-exclusive, non-transferable license to access and use LuxLoveLouis's platforms solely for personal, non-commercial purposes.

15. User Content and Submissions

15.1 User Content License

By submitting content (including reviews, comments, images, or videos) to LuxLoveLouis, users grant a perpetual, irrevocable, royalty-free license for LuxLoveLouis to use, reproduce, modify, and display such content across all platforms and media channels.

15.2 User Content Standards

User submissions must comply with applicable laws and not infringe upon third-party rights. Content must be respectful and free from offensive, defamatory, or misleading information.

15.3 Moderation and Removal

LuxLoveLouis reserves the right to moderate, modify, or remove user submissions at its discretion to maintain the integrity and quality of its platforms

LuxLoveLouis® LLC – Comprehensive Terms & Conditions
Effective Date: May 12, 2025
Last Updated: May 12, 2025

16. Limitation of Liability

LuxLoveLouis, its affiliates, employees, officers, directors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of, or inability to use, our services or products. This limitation includes but is not limited to damages for loss of profits, data, goodwill, or other intangible losses, even if LuxLoveLouis has been advised of the possibility of such damages.

17. Indemnification

You agree to indemnify, defend, and hold harmless LuxLoveLouis and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, losses, damages, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms, misuse of our services, or infringement of any intellectual property rights.

18. Electronic Communications and Transactions

18.1 Consent to Electronic Communications

By using LuxLoveLouis’s services, you consent to receive electronic communications from us. These electronic communications may include notices about applicable fees, charges, transactional information, and other information related to your use of our services.

18.2 Electronic Signature

You agree that your electronic signature or consent is legally binding and equivalent to your handwritten signature, confirming your agreement and consent to transactions and documents transmitted electronically.

19. California Users and Residents

LuxLoveLouis adheres to California-specific privacy and consumer protection regulations. California residents have specific rights regarding personal data, including the right to access, delete, or request disclosure of data collected. For additional details, please refer to our Privacy Policy or contact our support team directly.

20. Miscellaneous Provisions

20.1 Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, such provision shall be severable from the remaining provisions, which will continue to remain valid and enforceable.

20.2 Entire Agreement

These Terms represent the entire agreement between you and LuxLoveLouis, superseding all previous agreements, communications, or understandings regarding the subject matter herein.

20.3 Assignment

LuxLoveLouis may freely assign its rights and obligations under these Terms. You may not assign your rights or obligations under these Terms without LuxLoveLouis's prior written consent.

20.4 No Waiver

LuxLoveLouis's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be provided in writing by an authorized representative of LuxLoveLouis.

20.5 Force Majeure

LuxLoveLouis shall not be responsible for any delays or failures in performance resulting from circumstances beyond its reasonable control, including, without limitation, natural disasters, pandemics, governmental actions, or disruptions in telecommunications or data networks.

21. Contact Information

For questions, concerns, or further information regarding these Terms, please contact us at:

LuxLoveLouis LLC
PO BOX 80731
Charleston, SC 29416
Email: LuxLoveLouis@gmail.com

22. Acknowledgment and Acceptance

By using LuxLoveLouis’s services, you acknowledge that you have read, understand, and agree to abide by these comprehensive Terms & Conditions. If you do not agree with any provision within these Terms, your sole recourse is to discontinue using LuxLoveLouis’s services immediately.

Thank you for choosing LuxLoveLouis. We look forward to providing exceptional service and quality experiences for all your luxury consignment needs.