Terms of service
Terms of Service Agreement
Julianna’s Luxury Consignment Finds LLC - Terms of Service
Please be sure to read these Terms of Service (hereby referred to as TOS) to make sure that you understand and agree to them. Notice also that these TOS contain an arbitration clause and class action waiver which limits the rights you may have to hear a dispute in court.
1. Introduction
Welcome to Julianna’s (“Julianna’s Luxe”, “Julianna’s Luxe Finds”, “Julianna’s Luxury Consignment Finds LLC”, “Company”, “we”, “our”, “us”). By accessing or using our services, whether online or in our physical location, you agree to comply with and be bound by the following terms and conditions (“Terms of Service” or “Agreement”). Please read them carefully.
2. Acceptance of Terms
By visiting our physical or online stores, third-party social media, or website, purchasing our products, or using our services, you agree to these Terms of Service. If you do not agree with any part of these terms, you must not use our services.
3. Services Offered
3.1 Brick-and-Mortar Services
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In-Store Purchases: Customers can purchase products directly from our physical location at 440 San Mateo Ave, N4 San Bruno, CA 94066.
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Customer Support: We offer in-store customer support during business hours, which are Tuesday through Saturday 11AM to 6PM.
3.2 Online Services
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E-commerce: Products can be purchased through our website at juliannasluxe.com.
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Digital Content: We may offer digital products or downloadable content through our online platform.
4. User Accounts
4.1 Account Creation
To access certain services, you may be required to create an account. You must provide accurate and complete information and keep your account details updated.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
5. Purchases and Payments
5.1 Pricing
Prices for our products and services are subject to change without notice. All payments must be made in full at the time of purchase.
5.2 Payment Methods
We accept the following payment methods: Credit/Debit Cards, PayPal, Apple Pay, Google Pay, Venmo, ShopPay, other electronics payment methods supported by the vario third-party commerce platforms used..
5.3 Refunds, Returns, Exchanges
All sales are final. There are no refunds, no returns, and no exchanges. Please be aware of this policy and be sure of your purchases. If you do not agree with this policy or object in any way or willingly or unwillingly plan to not comply in any way with this policy please do not make a purchase.
6. Shipping and Delivery
6.1 Shipping Policy
Shipping costs are calculated at checkout and vary based on the destination, shipping method chosen, packaging weight, and dynamic pricing from our various shipping partners.Delivery of items is via our shipping partners only, we do not deliver or pick up items directly from you.
6.2 In-Store Pickup
Customers have the option to pick up online orders at our physical location. Orders will be held for 15 days after notification. After 15 days your item and or order will be canceled and the transaction will be voided.
7. Customer Responsibilities
7.1 Compliance with Laws
You agree to comply with all applicable laws and regulations when using our services.
7.2 Prohibited Activities
You are prohibited from engaging in any activity that could harm our business, including but not limited to fraudulent transactions, misuse of our website, or abusive behavior toward staff or other customers.
7.3 Suspending and or Termination
Julianna’s may suspend or terminate your use and or access to any or all of our services at our discretion. We reserve the right to terminate your access to our services for any reason, including violation of these Terms of Service.
As required by law, we are required to comply with law enforcement, legal requirements, or court orders.
You may not use or target any of our systems, services, location, both physical and electronic for any spamming, collection of data, hacking, phishing, testing, DOS, copying, use in likeness of, or in imitation of, or any other unauthorized use.
8. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, and software, is the property of Julianna’s Luxury Consignment Finds LLC and is protected by intellectual property laws.
9. Limitation of Liability
Julianna’s Luxury Consignment Finds LLC will not be liable for any damages arising from the use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
We are not responsible or liable for any loss of sales, revenues, business opportunities, goodwill, or any other possible savings or profits, losses or punitive damages.
We are not responsible or liable for any acts of: God, nature/weather, Government, law enforcement
Product and Service are provided “as is” and without warranty.
10. Brand representation and affiliations
We do not have any specific relation to or agreement with the brands that we sell, trade, consign, purchase whether online, electronically, or within our physical locations.
We are not an official brand representative of any of the items sold within our stores.
11. Termination
11. Privacy
We do not sell actively to any third party or external partners. However, using our electronic or online services, your data may traverse through other third-parties which may collect data in their services which are beyond our scope and control of our services.
We may retain personal information and property data as required by law.
12. Changes to Terms of Service
We may update these Terms of Service from time to time. Any changes will be posted on this page, and your continued use of our services after such changes constitutes acceptance of the new terms.
13. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of The State of California and The United States of America, without regard to its conflict of law principles.
Best effort to comply with any laws:
You recognize that laws and compliance rules can change rapidly and while We will attempt to comply with any changing laws to our best effort, in some cases there may be delays or misinterpretation which will need time or clarifications to comply with.
14. Sales Tax
As required by law, your purchase may be subject to one or more Sales, Use, Excise, or other jurisdiction taxes. If you believe that you have a right to a tax exemption, this must be provided prior to purchase and examined and approved by our management team before purchase.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at consign@juliannasluxe.com.
16. Arbitration Agreement
16.1. Agreement to Arbitrate
By using this website, you agree that any and all disputes, claims, or controversies arising out of or relating to your use of the website, your relationship with Julianna’s Luxury Consignment Finds LLC, or these Terms of Service, including any disputes or claims arising after the termination of your use of the website, shall be resolved exclusively through final and binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.
16.2. Waiver of Class Action
You and Julianna’s Luxury Consignment Finds LLC agree that any and all claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator shall not have the authority to consider or resolve any claims or issues concerning class, collective, or representative actions.
16.3. Arbitration Rules
The arbitration will be administered by the American Arbitration Association (AAA) under its its Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879) and conducted by a single, neutral arbitrator. The place of arbitration will be held exclusively in the County of San Mateo, California.
16.4. Governing Law
The arbitration shall be governed by the Federal Arbitration Act and the laws of the State of California, without regard to its conflict of laws principles.
16.5. Costs of Arbitration
Julianna’s Luxury Consignment Finds LLC will pay their own arbitration filing fees, and 50% of the arbitrator’s fees and expenses, unless otherwise determined by the arbitrator. Each party will be responsible for their own attorneys’ fees and costs unless the arbitrator determines that a party's claim or defense was frivolous, in which case the arbitrator may award attorneys' fees to the prevailing party in accordance with applicable law.
16.6. Confidentiality
The arbitration proceedings, including the hearings, filings, and any documents or evidence exchanged, shall be confidential and shall not be disclosed to any third party, except as may be necessary to prepare for or conduct the arbitration or as required by law.
16.7. Severability
If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining provisions will continue to be enforced.
16.8. Changes to this Agreement
Julianna’s Luxury Consignment Finds LLC reserves the right to make changes to this arbitration agreement at any time. If any such changes are made, Julianna’s Luxury Consignment Finds LLC will provide notice on the website. Your continued use of the website following any changes constitutes your acceptance of the revised arbitration agreement.
16.9. Opt-Out Procedure
You have the right to opt-out of this arbitration agreement by sending a written notice of your decision to opt-out to Julianna’s Luxury Consignment Finds LLC within 30 days of first agreeing to these Terms of Service. If you opt out, neither you nor Julianna’s Luxury Consignment Finds LLC can require the other to participate in arbitration for any dispute.
16.10. Finality and Enforceability
The arbitrator’s decision will be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction.
Julianna’s Luxury Consignment Finds LLC, August 31, 2024