Terms of service

Effective January 1, 2025, we are implementing a novel three-strike system to discourage excessive product returns. All sales will now be considered final. In the event you qualify for a return, it will be handled on an individualized basis. Please review the NOTICE OF EXCESSIVE RETURNS section below for further details. After accruing three strikes, you will permanently forfeit the ability to return any merchandise.

BINDING ARBITRATION AND CLASS ACTION WAIVER NOTICE

PLEASE BE ADVISED THAT THESE TERMS OF SERVICE INCORPORATE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH SIGNIFICANTLY LIMIT YOUR RIGHT TO HAVE DISPUTES ADJUDICATED IN A COURT OF LAW. WE STRONGLY ENCOURAGE YOU TO READ THESE TERMS OF SERVICE, THE ARBITRATION CLAUSE, AND CLASS ACTION WAIVER WITH GREAT CARE AND ATTENTION.

WELCOME TO AUTHENTIQUE LUXURY

Authentique Luxury (together with our corporate affiliates, hereinafter referred to as "Authentique Luxury", "we", "us", or "our") operates an online and physical marketplace platform for the sale of luxury resale items and art. These Terms of Service ("TOS") govern your access to and utilization of our website (located at https://www.authentiquelux.com), any other websites that hyperlink to these TOS, and any associated features, functionalities, user interfaces, downloads, mobile applications, content, and additional online services that we administer and control (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE MANIFESTING YOUR ASSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, COMPREHENDED, AND AGREED TO BE BOUND BY THESE TOS, OUR PRIVACY POLICY, AND ANY SUPPLEMENTARY TERMS, AND FURTHER REPRESENT THAT YOU POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TOS.

PRIVACY POLICY AND ADDITIONAL TERMS

These TOS incorporate our Privacy Policy by reference. Additionally, consumer consignors (or sellers) are subject to the Consignment/Sales Agreement, and the sale of art is governed by the separately delineated "Fine Art Conditions of Sale".

ELIGIBILITY REQUIREMENTS

To lawfully utilize the Service, you must be at least 18 years of age. You are prohibited from maintaining more than one active account, selling or transferring your account to another party, or accessing the Service if your account has been suspended or terminated by us for any reason.

CONTENT LICENSE AND OWNERSHIP

The Service contains a diverse array of materials, including digital content, products, services, trademarks, and intellectual property, all of which are licensed, not sold, to you. We grant you a limited, non-exclusive, revocable license to view, download, and display the content solely for your personal or internal business use. All right, title, and interest in the Service is our property, our licensors' property, or the property of certain third parties, and is protected by U.S. and international intellectual property laws.

YOUR ACCOUNT

To access the Service, you may be required to create an account, during which you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not you authorized such activities. You must immediately notify us of any unauthorized use of your account or other breach of security.

USER-SUBMITTED POSTINGS

The Service may permit you to create and submit various types of content, such as messages, text, and product listings. You are solely accountable for the legality, reliability, and originality of any postings you submit. We reserve the right to delete or remove your postings at any time and for any reason. By submitting postings, you grant us a perpetual, worldwide license to utilize them.

PROHIBITED CONDUCT

You must comply with these TOS, our Community Guidelines, and all applicable laws. Prohibited conduct includes, but is not limited to, selling, renting, or distributing the Service, removing proprietary notices, caching or framing the Service, and using the Service in a manner that interferes with or impairs its functionality.

AUTHENTICATION AND BRANDS

Our product authentication process is conducted independently, and brands sold on the Service are not partners or affiliates of ours. However, we will cooperate with brands seeking to track down counterfeit items or products that may infringe on their intellectual property rights.

DISCLAIMERS

YOUR ACCESS TO AND USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ITS QUALITY, ACCURACY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER.

LIMITATION OF LIABILITY

AUTHENTIQUE LUXURY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EXCEPT AS REQUIRED BY APPLICABLE LAW. OUR MAXIMUM AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF $2,000 OR THE AMOUNT WE RECEIVED FROM SELLING YOUR PROPERTY THROUGH THE SERVICE IN THE PRECEDING 12 MONTHS.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AUTHENTIQUE LUXURY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SERVICE OR BREACH OF THESE TOS.

DISPUTE RESOLUTION

ANY DISPUTES BETWEEN YOU AND US WILL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, NOT LITIGATION. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. HOWEVER, CONSUMER INDIVIDUALS RETAIN THE OPTION TO PURSUE CLAIMS IN SMALL CLAIMS COURT.

GOVERNING LAW AND VENUE

THESE TOS AND YOUR ACCESS TO AND USE OF THE SERVICE WILL BE GOVERNED EXCLUSIVELY BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. ANY DISPUTES THAT CANNOT BE ARBITRATED WILL BE RESOLVED IN THE STATE OR FEDERAL COURTS LOCATED IN BEXAR COUNTY, TEXAS.

ELECTRONIC COMMUNICATIONS

BY ACCESSING THE SERVICE, YOU EXPRESSLY CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS FROM US, INCLUDING NOTICES, ADVERTISEMENTS, AND INFORMATION PERTAINING TO YOUR ACCOUNT. YOU MAY OPT OUT OF MARKETING COMMUNICATIONS AT ANY TIME.

PAYMENT AND BILLING

TRANSACTIONS ON THE SERVICE ARE PROCESSED BY STRIPE, SUBJECT TO THE STRIPE SERVICES AGREEMENT. YOU AUTHORIZE US TO CHARGE YOUR SELECTED PAYMENT METHOD FOR ANY PURCHASES YOU MAKE.

THIRD-PARTY MATERIALS AND LINKED SITES

THE SERVICE MAY INCLUDE OR PROVIDE LINKS TO THIRD-PARTY MATERIALS, WHICH ARE SUBJECT TO THE TERMS, CONDITIONS, AND POLICIES OF THEIR RESPECTIVE PROVIDERS.

CHANGES TO THESE TOS

WE RESERVE THE RIGHT TO MODIFY THESE TOS AT ANY TIME, WITH NOTICE PROVIDED THROUGH EMAIL OR A PROMINENT 30-DAY ANNOUNCEMENT ON THE WEBSITE.

NOTICE OF EXCESSIVE RETURNS

AUTHENTIQUE LUXURY OPERATES A THREE-STRIKE POLICY FOR PRODUCT RETURNS. AFTER ACCRUING THREE STRIKES, YOU WILL BE PERMANENTLY PROHIBITED FROM MAKING ANY RETURNS, REGARDLESS OF THE REASON, UNTIL THE STRIKES ARE CLEARED FROM YOUR ACCOUNT.