Terms & Conditions

Website Terms & Conditions

Effective Date: August 29, 2016

Thanks for visiting LuxxLinens.com.

The following Website Terms of Use are applicable to the LuxxLinens.com website (“Website”) produced and maintained by Magnified Marketing Solutions, Inc. (collectively “Magnified,” Luxx Linens™”, “we”, “us”, or “our”).

Before using the Website please read these Terms of Use, any other policies and notices on the Website, and our Privacy Policy.  Together, these materials contain the terms, rules and guidelines related to your use of our Website and services.  When you use the Website you accept these terms.  If you do not agree to any of the Terms of Use, please do not use the Website.  We reserve the right to modify the Terms of Use from time to time and without notice.  Your continued use of the Website following changes to these terms indicates you accept such changes.

If you have any questions or concerns about our Terms of Use, please contact us by email at support@luxxlinens.com.

Eligibility

We only permit individuals who are 18 years of age or older and who can form legally binding contracts to use the Website and services.  If you are under the age of 18, you must get parental consent and assistance in using the services provided through this website.

The use of our Website and its services is allowed only to the extent the laws of your jurisdiction or the United States allows.  Your use of the Website constitutes your representation and warranty that you meet all eligibility requirements outlined herein, and will use the Website only for your personal, noncommercial use and not for the benefit of any third party.

Privacy

Our Privacy Policy outlines how we collect and use both Personal Information and Anonymous Information related to you and your use of our Website.  Please review it before you use our Website.

Customer Obligations & Account Registration

Some features of our Website will require you to create an account.  If you create an account, you are solely responsible for the activity that occurs through your account.  In order for us to provide you with the best possible service and experience, you agree to provide us with complete, accurate, and updated information for your Account at all times.  If any information is untrue, inaccurate, not current, incomplete or otherwise incorrect or outdated, or we have reason to believe such information is untrue, inaccurate, not current, incomplete or otherwise incorrect or outdated, it can lead to errors or delay for which we will not be responsible, and we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website including, but not limited to, sales resulting from the site.  In such a case, your account information and/or any other information about you that we have collected through your interaction with the Website will remain the properly of Luxx Linens™ but will not be distributed to any third party.  Your account information is subject to our Privacy Policy which can be found here.

Please do not share your account information.  You may not use another person’s account or registration information without their permission, nor may someone use your account or registration information without your permission.  You are solely responsible for keeping your account and account password secure and for any consequence resulting from your failure to do so.  You should never publish, distribute or post login information for your account.

If you would like to delete your account, please contact us at support@luxxlinens.com.

Customer Conduct

You agree through your use of our Website that you will not engage in any activity that will restrict or inhibit other users from using the Website.  Posting on or transmitting through any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind on the Website including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  You also agree that you will not tamper with our Website in any way without our express written consent and that doing so constitutes a criminal offense that will be prosecuted to the fullest extent allowable under the law.  You further agree not to parse any content within the Website or copy any source code for the purposes of imitating or mimicking the look and feel of our Website for any reason and without our express written consent as it is forbidden under U.S. and International copyright laws.  If you do so, we have the right to and will pursue and prosecute vigorously through available U.S. and International systems.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website for any reason, or access the Website through any means other than the interface that is provided by us for use in accessing the Website.

Product Descriptions

We make every effort possible to display as accurately as possible descriptions of our products on the Website including the dimensions and colors.  However, the colors you see in our products on our Website will vary depending on the device and monitor you are viewing them on.  We cannot guarantee that your device’s or monitor’s color display will be accurate.  We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free.  If a product offered on our Website is not as described, your sole remedy is to return it unused and with the full contents in accordance with our Return And Exchange Policy as described on our Website.

 

Coupons and Discounts

From time to time Luxx Linens™ may distribute coupons or coupon codes through various channels.  If and when we do, you may not combine coupons or coupon codes or add them retroactively to prior orders.  Additionally, coupons or coupon codes may not be used in conjunction with any store credit, exchange, gift card or e-gift card.

 

Purchasing Luxx Linens™

There are two ways to purchase Luxx Linens™.

First, the preferred method is to order from the individual or organization who is having the fundraiser and whom introduced you to Luxx Linens™.  This ensures that your purchase is credited to the proper organization/individual and they receive the benefit of the sale.

The second way to purchase is to order through our website.  We do not sell direct at retail, so to order through the website, you will be required to specify an Organization Name and Referring Individual Name.  With out this information, you cannot purchase through the website.

If you do not have a referring organization or individual, you can specify “None” for both required fields.  When you do, Luxx Linens will allocate the funds generated from your purchase to a designated non-profit organization that we support.  We currently support Curing Kids Cancer and One Thing For Youth.

Delivery Information

If you order from an individual participating in an Organization Fundraiser, your product will be shipped to the specified location and you can pick them up there, or the individual who sold them to you may deliver them.

If you purchase online, in order to ship your order, we will need your name, phone number and delivery address.  We currently only ship individual orders within the United States.  All orders placed online will incur a charge of $12.95 for the first set of sheets going to a single address, and $ 4.95 for each additional set going to the same address.  All orders are shipped USPS Priority Mail and should arrive within 3-7 days depending on your location.  Orders are shipped from the North Atlanta, Georgia area.

Payment Information

Our sheets retail online for $39.95 per set plus shipping regardless of size or color.  Additional pillow cases (set of 2) are available in standard and king for $ 12.95 per set.

If you order from an organization that’s having a fundraiser, you will make payment directly to that organization.  When the fundraiser is complete and all orders are in, they will submit payment and individual orders to us.  We then process the orders and ship the bulk order to a designated location within 3-5 business days (usually the next day).  Your point of contact at the organization having the fundraiser will let you know how and when you will get your order.

Each organization sets their own retail pricing, usually between $35 and $55 per set of sheets.  When you purchase from an organization having a fundraiser, unless the order is placed online, shipping is included in the price you pay that organization.

If you are ordering directly from us through our website, we will have to get your billing address, phone number, email and certain related payment information in order to process your payment.  We currently utilize a third party merchant processor who’s servers operate behind a firewall and with whom our site communicates through industry standard security protocol.

Risk of Loss: The risk of loss and title for all products you order passes to you once we deliver the items to the carrier (such as you if you are picking up locally, or the US Postal Service, Fedex, UPS or other shipper if we are shipping them to you).

Returns, Exchanges & Replacement – You have 14 days to return or exchange your Luxx Linens™ from the day you receive them. Please click here for information on returns and exchanges.

Purchase Limits – Luxx Linens™ may, among other things and at our sole discretion, impose limits on purchases or restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy.  We further reserve the right to cease doing business with customers who violate this policy and any other part or parts of our Terms.

Language – On a current basis, our order process only supports the English language.

 

Intellectual Property

When you use our website, you get to order Luxx Linens™ products and or services.  You do not have a right to any of our intellectual property.

All of the content that appears on our Website, including but not limited to all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the Website, our products, services, and other materials, are the exclusive property of Luxx Linens™ and Magnified Marketing Solutions, Inc. or our licensors and is protected under United States and International copyright laws.  All trademarks, service marks, and trade names that appear or may appear on the Website, as well as the overall appearance and functionality of the Website and our products and services (collectively the “Marks”) are proprietary to Luxx Linens™, or the respective owners of such Marks.  You may not display, reproduce, or otherwise use the content or materials on our Website or associated with our products or services without first receiving consent from us.  You may not remove or otherwise modify any legal or trademark notices from any content, product or service we make available through the Website.  Scraping the Website or using other automated or manual means to take our content without our prior consent is expressly prohibited.  Any unauthorized use of any content or material on our Website is strictly prohibited and violates copyright, trademark, and/or intellectual property laws, and/or the laws of privacy, publicity and/or communications regulations and statutes.

If you would like to request permission to use materials or content from our Website, please contact us at support@luxxlinens.com.

Limited Licensure

Excluding the restrictions above, we grant you a limited, non-exclusive, non-transferrable or sub-licensable license to use and display locally the Website for personal, non-commercial use.  This license will allow you to use and enjoy the benefit of the Website as we provide them, in the manner we permit through these Terms.

License You Grant Luxx Linens™

Your feedback is extremely important to us, and from time to time you may see areas on our Website or third-party properties used by us where you can post information or communicate with us or other users.  Our goal is for you to use these platforms and tools to provide us feedback and interact with the Luxx Linens™ community.  These areas may include social medial posts, bulletin boards, forums, chat rooms, comment areas, billboards, news groups, posting sections or similar facilities.

If you utilize these areas, you will retain ownership and license rights to your User Content (as defined below), including the right to grant additional licenses to your User Content.  There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing.

User Content is defined as any information you submit, distribute, transmit, post or communicate in any way to Luxx Linens™ or the Luxx Linens™ community (either through the Website or through our pages on third party sites such as Facebook, Twitter or Pinterest).  When you post User Content you give us the right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels.  You agree that this license includes the right for Luxx Linens™ to use your User Content to provide, promote, and improve our Website, products and services.  You agree that this license shall be irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, royalty-free and will survive termination of your Account.  Please also note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes.

You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purposes including, but not limited to, developing, manufacturing, and marketing products.

In addition to granting Luxx Linens™ a license, you also give each user of the Website an irrevocable, non-exclusive, perpetual, worldwide, transferable, sub-licensable, fully paid, and royalty-free right and license to access your User Content through the Website or third party services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works, display, perform, adapt, and promote such submissions, including after any termination of your Account.

Representations About User Content

When you submit User Content, you represent and warrant that:

  • You hold all necessary right, title, and license to such materials;
  • Your submission of such materials to Luxx Linens™ does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, content rights, or any other intellectual property or proprietary rights; and
  • All User Content you provide is accurate, complete, up-to-date, and not misleading.

In addition, any User Content must not:

  • Include any profanity or obscene, indecent, or pornographic materials;
  • Contain any unauthorized or unsolicited advertising, such as spam;
  • Contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information or ours or of any third party;
  • Impersonate any person or entity; or
  • Include anyone’s identification documents or sensitive financial information.

Third Party and User Content

Some of the content on our Website and other third-party sites will come from other users or sources outside of Luxx Linens™.  All content, including User Content and third party content, is the responsibility of the party that creates it.  Luxx Linens™ does not control or endorse any User Content or third-party content, and we make no claims or representations regarding any content we do not create.  We may provide links to third-party sites or resources, but these links do not constitute an endorsement or imply any association with the third parties.  Any moderators, forum managers, or hosts on the Website or third-party sites are not authorized as our spokespersons, and their views do not necessarily reflect those of Luxx Linens™.

If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly.  When you access third-party resources on the Internet, you do so at your own risk.

We may review content on the Website or third-party sites, but we are not obligated to do so.  We reserve the right to review, remove, block, or modify any content on the Website or third-party sites, including User Content, without notice or further obligation to you.

We take no responsibility related to third-party content, User Content, or any actions resulting from your use of any part of the Website.  Luxx Linens™ will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Website or any third-party site, regardless of whether Luxx Linens™ or another party provided it.

Disclaimer of Warranties

  1. Luxx Linens™ has no control over and no duty to take any action regarding who has access to the Website, what content you access through the Website, what effects said content may have on you, how you interpret or use the content, or what actions you may or may not take as a result of your exposure to the content.
  1. You therefore release us from any and all liability relating to you acquiring or not acquiring content through the Website. Our Website may contain, or direct you to other websites containing information that may be offensive or inappropriate to some people.  We make no representations regarding any content contained or accessed through our Website, and we are not responsible or liable for the accuracy, copyright compliance, legality, or decency of materials contained in or accessed through our Website.  Your interactions with individuals or organizations found on or through our Website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and other such organizations and/or individuals.

 

  1. YOUR USE OF THE WEBSITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”  AND WITHOUT WARRANTY OF ANY KIND.  LUXX LINENS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR ANY CONTENT ON THE WEBSITE, WHETHER PROVIDED OR OWNED BY LUXX LINENS OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY CLAIMED.  IN ADDITION, ZEYWEAR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING OUR WEBSITE WILL MEET YOUR REQUIREMENTS.

 

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER THE LAW, IN NO EVENT WILL LUXX LINENS OR ANYONE REPRESENTING LUXX LINENS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (WHETHER OR NOT LUXX LINENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES), RESULTING FROM (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE WEBSITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MIGHT BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION).  THE AGGREGATE AMOUNT OF LUXX LINEN’S LIABILITY SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY YOU TO US FOR APPLICABLE PRODUCTS OR SERVICES UNDER THIS AGREEMENT OR THROUGH OUR WEBSITE.

Termination

These terms are effective until terminated by either party with no prior written notice.  If you no longer agree to these Terms of Use, you must stop your use and visit of/to our Website.  Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.  You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our Website.  Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

Governing Law

We make no representation that the Content in the Website is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited.  By choosing to access the site, you do so at your own initiative, and you are solely responsible for compliance with applicable local laws.

Regardless of where you are located, the laws of the State of Georgia shall govern these Terms and the relationship between you and Luxx Linens™ as if you agreed to and signed these Terms in Georgia, without regard to the state of Georgia’s conflicts of laws rules.  If any of the provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent.  You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the state of Georgia and irrevocably agree that all Claims may be heard in such court.  You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Severability

If any part of these Terms are invalid, void, or unenforceable for any reason, that term will be deemed severable and limited or eliminated to the minimum extent necessary.  The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These terms constitute the entire agreement between you and Luxx Linens™ and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to the Website and the products and services provided by Luxx Linens™.  Any rights not expressly granted herein are reserved.

Miscellaneous

Luxx Linens™ will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sub-license these Terms without first obtaining our consent and written permission.  We may assign, transfer, or delegate any of our rights and obligations without consent.  These terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any way.

Failure to enforce any part of these Terms does not mean we give up the right to later enforce that or any other part of these Terms.  In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

The section and paragraph headings in these Terms are provided for convenience only and do not affect their interpretation.