TERMS & CONDITIONS FOR THE USE OF THIS WEBSITE – Bambooluxurysales.com
By using, viewing, responding, advertising and all other aspects that can be described as “Using” this website you “The User” accept the Terms & Conditions of this website as detailed below and as set forth by Bamboo Luxury Sales, its affiliates and its agents.
We believe in “Common Sense” that is, buyers & sellers who use this site must use common sense and take every care in establishing ALL FACTS that are relevant to any Content to include but not limited to: information, descriptions, photographs, legal ownership, transfer of ownership, authenticity, taxation, importation, exportation, licensing, transport, shipping and all and any other material and non-material facts. You “The User” are alone in this responsibility and by using this site you agree to indemnify and hold harmless Bamboo Luxury Sales against all and any material and non-material defects found to be present in any content, information, goods or items shown on this website.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software or information provided therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Bamboo Luxury Sales.
OUR INTELLECTUAL PROPERTY
This Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Bamboo Luxury Sales.
The Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
The opinions expressed on our Website are not necessarily the opinions of Bamboo Luxury Sales or its agents. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you “The User” and Bamboo Luxury Sales. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
ADVERTISERS AND SPONSORS DISCLAIMER
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
NOTE: THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY BAMBOO LUXURY SALES AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Bamboo Luxury Sales are not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Advertisers of our Website, or by Bamboo Luxury Sales. Although we provide rules for Advertiser conduct and postings, we do not control and are not responsible for what Advertisers post, transmit or share on our Website or Services, and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Bamboo Luxury Sales is not responsible for the conduct, whether online or offline, of any user of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Bamboo Luxury Sales assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Advertisers communications.
Bamboo Luxury Sales are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Advertisers and Users or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provide through our Website or Services.
Under no circumstances will Bamboo Luxury Sales be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Bamboo Luxury Sales reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BAMBOO LUXURY SALES, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. BAMBOO LUXURY SALES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.BAMBOO LUXURY SALES DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE BAMBOO LUXURY SALES, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU THE USER AND BAMBOO LUXURY SALES. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
Bamboo Luxury Sales, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website or our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.
IN NO EVENT WILL BAMBOO LUXURY SALES OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF BAMBOO LUXURY SALES ARE AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BAMBOO LUXURY SALES LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
When using our site or sending emails to and receiving emails from Bamboo Luxury Sales, you understand and agree that such communication may satisfy any legal requirement that agreements, notices, disclosures and other communications have in writing.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
LINKING TO OUR WEBSITE
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
LINKS TO OTHER WEBSITES
Our Website contains links to third party websites, including affiliate websites, for purchase of products. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Luxury Bamboo Sales has no control over the legal aspects of the third party websites, including your purchase of an item and privacy practices of third party websites; as such, you access any such third party websites entirely at your own risk.
ITEMS FOR SALE
When considering items for submission, be sure they are all in excellent condition. Bamboo Luxury Sales are committed to offering our clients a wide and varied selection of only the best in luxury pre-owned designer fashions & antique high quality furniture items and regrets that not all selling requests can be accepted. Please note that all items must be cleaned and free of stains or odors in order to be considered for sale and that all descriptions of the item and its condition must be correct and complete with complete disclosure stating ALL imperfections and signs of wear. Items that are listed with incomplete or wrong information pertaining to condition (such as staining, tears or scratches) are eligible for return by the buyer. Additionally, Bamboo Luxury Sales will charge ALL shipping costs to the seller, including any shipping costs incurred between the buyer and Bamboo Luxury Sales when inspection of an item is required. By submitting or making available for inclusion on the site, you grant Bamboo Luxury Sales an irrevocable, worldwide, royalty-free right to use, copy and publicly display the information, photographs or other materials.
Sellers/Advertisers must ensure they are not infringing any applicable laws and regulations or third-party rights in any way whatsoever by submitting product information or listing a product for sale via the Website. Sellers/Advertisers shall be held solely liable should they list for sale any product that is banned from sale and/or infringes or otherwise breaches applicable laws or regulations or third-party rights. Please contact us at email@example.com if you have questions regarding the listing, description or condition of an item.
If for some reason you will not be able to ship your items to the buyer within a reasonable and agreed period after an order has been placed (within 5 business days), you must to contact both us and the buyer to discuss either new shipping details or a refund. Please contact us by e-mail firstname.lastname@example.org to notify us of delays in both shipping & receiving. Shipping arrangements such as payment for shipping and any other associated costs, timings, receiving of goods and items is a responsibility of buyers and sellers of those goods and items.
A SPECIAL NOTE ABOUT COUNTERFEIT GOODS
As purveyors of quality goods in a trusted luxury buying and selling environment, Bamboo Luxury Sales takes its role in the fight against counterfeit goods very seriously and makes every effort to determine authenticity before an item is approved for sale. We do not tolerate sellers or advertisers, knowingly or not, compromising the integrity of our marketplace. If our internal inspection and investigation determines that an item is indeed not authentic, it is subject to confiscation by Bamboo Luxury Sales at our discretion and all charges including shipping fees will be reimbursed to the buyer. We will charge all shipping fees incurred in the transaction to the seller, including any applicable fees from the buyer to Luxury Bamboo Sales and take appropriate steps to ensure destruction of the item immediately.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
If required we utilize the services of a third party carrier, UPS/USPS/FEDEX etc., to ship products. Pick-up services are provided by the carrier and can be scheduled at the expense of the person ordering this additional service. The shipment of products is subject to the Terms and Conditions of the carrier used.
Shipments with UPS/USPS/FEDEX are insured up to a certain value (basic). Additional insurance may be required to protect the value of your shipment. The seller (or in case of returns – the buyer) will be responsible for any additional amounts above carriers (basic) insured amount in the event of a lost or damaged shipment if the additional insurance option is not chosen and paid for at time of shipment. All claims for lost or damaged merchandise will follow the terms of the carrier used.
TAXES AND DUTIES
The seller is responsible for all sales or any other tax compliance levied on sales of goods. It is therefore the seller’s and the buyer’s responsibility to determine whether sales or any other taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. Bamboo Luxury Sales is not obligated to determine whether sales or other taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. For international purchases, the buyer should pre-calculate the duties and taxes so as to estimate the total cost of his/her purchase. Based on the value, item category, material, and the country you ship to, duties and taxes may vary greatly. Please note that the total amount can change until your final shipping address has been provided and the payment has been processed.
Because we have designed our website to match up buyers and sellers, we regret that we are unable to accept returns. However, as it is our aim to provide our “Users” a positive experience with Bamboo Luxury Sales, we will help to mediate between buyers and sellers if notified of a problem within three (3) days of receipt of your purchase and evaluate it on a case-by-case basis, provided any of the following apply:
The item is damaged.
The item does not meet the description.
It is the wrong item.
The item is counterfeit.
Select the category that best applies to your request for help and make certain to clearly specify reasons for your dissatisfaction with the item(s) in your e-mail request to email@example.com.
If it is determined that the item is, indeed, wrong, damaged, not as described or counterfeit we will as described above help to mediate between the buyer and the seller to reach an amicable conclusion although it must be stressed that this cannot be guaranteed, and is not the responsibility of, and does not constitute any liability on behalf of Bamboo Luxury Sales. All as mentioned in the “Common Sense” clause above.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Orlando, Florida, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Bamboo Luxury Sales may seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida, USA necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Orlando, Florida, USA and shall be governed by and construed in accordance with the laws of the State of Florida USA without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Bamboo Luxury Sales Terms and Conditions of Use last modified April 8, 2014