Terms and Conditions
This Terms of Service subject to the Terms and Conditions is effective upon acceptance for all new users and from April 13, 2020.
Welcome to myfirstluxury.com, the website (the “Site”) of My First Luxury. My First Luxury provides its services and Terms of Service (“TOS”) to you subject to the terms and conditions (“Terms & Conditions”) detailed herein.
By using our Site, application and services you confirm that you are either at least 18 years of age or are accessing the Site and its services under the supervision of a parent or legal guardian.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. The laws of the State of California will govern this TOS and the relationship between you and My First Luxury. The failure of My First Luxury to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. My First Luxury does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and My First Luxury and governs your use of the Site, superseding any prior agreements between you and My First Luxury with respect to the Site.
Country of Domicile
My First Luxury and the Site are owned and operated in the State of California, USA.
Laws and Jurisdiction
These TOS, subject to the Terms and Conditions mentioned here, are governed by, and construed in accordance with, U.S. law.
If you have any questions or comments about these Terms and Conditions, My First Luxury, Site or associated Service, please send an email with the subject line “TOS Query” to email@example.com
Terms of Service
Description of Services
On the Site, My First Luxury provides users with access to information around luxury products and services online (the “service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access
My First Luxury grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in My First Luxury’s sole discretion) an unreasonable or disproportionately large load on My First Luxury’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by My First Luxury to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by My First Luxury.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the State of California or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or My First Luxury has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My First Luxury has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify My First Luxury immediately of any unauthorized use of your account or any other breach of security. My First Luxury reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Disclaimer of Warranty
All content, products, and services on the Site, or obtained from a website to which the Site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
My First Luxury does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than My First Luxury, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site (d) any technical or human errors that arise from software, tech, IT (Information Technology), bug, malware, virus attack, hack, not limited to these unforeseen situations which may or may not result in inaccurate content, pricing, description, etc.
Other than as required under applicable consumer protection law, under no circumstance will My First Luxury be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
All promotional dates refer to the current year, unless otherwise stated.
Limitation of Liability
You expressly understand and agree that My First Luxury and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if My First Luxury has been advised of the possibility of such damages), resulting from use of the Site, content or any related services.
You agree to indemnify and hold My First Luxury (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of the State of California.
When you use the Site or send emails to My First Luxury, you are communicating with My First Luxury electronically. You consent to receive communications from My First Luxury electronically. My First Luxury will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because My First Luxury has no control over such sites and resources, you acknowledge and agree that My First Luxury is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that My First Luxury shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Minors under the age of 18 shall are prohibited to register as a user of this website and are not allowed to transact or use the website.
Modification and Notification of Changes
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of My First Luxury and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of My First Luxury or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.
My First Luxury is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of My First Luxury.
Procedure for Claims of Intellectual Property Infringement
My First Luxury respects the intellectual property of others, and we ask our users to do the same. My First Luxury may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please submit your claims of copyright or other intellectual property infringement via email at firstname.lastname@example.org with the subject line “intellectual property”.
My First Luxury may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
This section constitutes a binding agreement between the User (hereafter within these Buying Terms “Buyer”) and My First Luxury.
Buyer wishes to purchase certain items (“Item”) as may be displayed and described on the Site. It is My First Luxury’s sole discretion to display or remove the displayed item depending on its availability or non-availability. My First Luxury is not liable to inform or alert the Buyer before removing or adding such an item.
Buyer is liable to read specific return terms and conditions and other policies related to returns here https://myfirstluxury.com/shipping-returns/ and be informed about the return & refund policies before initiating a return.
Most of the purchased items can be returned for a refund of the purchase price provided that:
- Buyer expresses the wish to initiate a return to My First Luxury via email@example.com within 14 days of the Buyer’s receipt of the Item along with the order number for the item.
- Item is returned undamaged in the original condition it was received, including original packaging.
- Item is handed over to the courier within 5 days of the return being initiated by My First Luxury.
- My First Luxury shall not be liable for any loss and/or damage to the items shipped via any courier/post.
- Items that are marked as “No returns on this item”, “No return”, “not returnable” or “Final Sale” are final sale items. Once purchased, such items cannot be returned.
- My First Luxury shall process the refund of the amount paid by the buyer towards the purchase excluding: Promotional Vouchers, Shipping Costs, Customs, and other local taxes.
- My First Luxury shall deduct the shipping costs and customs duties & taxes paid towards a return shipment due to failure of delivery in the event of the buyer being not contactable and/or not available to clear the customs (payment of duties, additional documents) and/or to receive the delivery.
- Refunds are processed within 10 business days after the returned item has been received by My First Luxury and checked for quality & condition.
- All prepaid orders (Credit Card, PayPal, ApplePay) are refunded to the original method of payment and cannot be substituted/transferred to any other method.
- Cash payment orders are refunded only via an online transfer to a Bank Account. Buyer is liable to bear any costs/fees applied by the bank for the transaction and/or currency exchange.
- All international transactions are converted to USD and the received amount shall be refunded to the buyer’s original method of payment for the exact value as received. Any difference in the refund amount due to currency exchange is the responsibility of the buyer.
- Credit card refunds, once initiated, may take 7-14 business days to complete the bank’s processing and be credited to the buyer’s account. Bank transfers may take 3-5 business days for completion once processed.
- Refund shall be processed for 100% value of the item(s) and does not include any shipping costs, vouchers, customs duties & taxes, and/or any other local taxes paid by the buyer.
- In case of an unsuccessful delivery, any customs duties & taxes borne by My First Luxury shall be deducted from the buyer’s refund.
Promotions and Codes:
- Buyer can redeem only one voucher/promotion code/coupon against one order.
- My First Luxury does not allow redeeming more than one promotion/ coupon/ voucher codes for one transaction.
- Validity and offer of the coupon/ voucher/ promotion code applicable per transaction are dependent on the published information on the promotion banner or voucher.
- My First Luxury reserves the right to withdraw and or amend any promotional offer without prior intimation to the buyers.
- The results of any such competitions and contests will not be discussed by My First Luxury. My First Luxury holds the right to not disclose any such information. The participants to such competitions do not hold the right to contest or question the results in any way.