Terms & Conditions
1. Description of Services
1.1. In the Website LabelCentric provides users with access to sales of Pre-Owned, authentic designer garments, handbags and other luxury goods and services online.
2. Introductions and Key Definitions
2.2. In addition to being bound by these Terms, all persons selling or proposing to sell Items via the Website shall be subject to our Consignment Agreement and all persons buying, or proposing to buy Items on our Website shall be subject to our Buyers’ Terms and Conditions.
2.3. In these Terms the following definitions shall apply:
- 2.3.1. “Content” means all postings, messages, text, files, images or other material on the Website, including, without limitation, descriptions of Good/s and their profiles;
- 2.3.2. “LabelCentric”, “us”, “we” and “our” means LabelCentric Luxury Enterprises Private Limited, a private limited company having its registered office at 403/C, Steel Chambers, Dev Ji Ratansi Marg, Mumbai – 400009.
- 2.3.3. “Good/s” means any handbag or any other luxury goods offered for sale, or to be offered for sale, or sold via the Website;
- 2.3.4. “User” means anyone using the Website for any reason; and
- 2.3.5. “Website” means our website www.labelcentric.com and all the pages, content and sub-domains contained in it.
3. License and Site Access
3.1. LabelCentric grants you a limited license to access and make personal use of the Website and the Services offered. This license does not permit the following:
- 3.1.1. Any downloading or copying of account information for the benefit of another website, vendor or any other third party;
- 3.1.2. Giving of unauthorized hypertext links to the Website anywhere;
- 3.1.3. Uploading, posting, or transmitting any Content that you do not have a right to make available and/or may infringe on the intellectual property rights of any third party;
- 3.1.4. uploading, posting, or transmitting any material/Content 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 LabelCentric’s sole discretion) an unreasonable or disproportionately large load on LabelCentric’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by LabelCentric to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by LabelCentric.
4. Eligibility and Registration for Membership
4.1. You must be 18 years of age or older to register as a member and use the Service.
4.2. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
4.3. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. LabelCentric shall be liable for any loss or damage caused due to inaccurate or incomplete or out of date Registration Data.
4.4. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Website.
4.5. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.
4.6. LabelCentric has the sole right and discretion to determine whether to accept a you, and may reject a your registration, with or without explanation. Users must be of legal age and have full legal capacity to form a binding contract.
5. Use of the Website
5.1. The Website may be used only for lawful purposes.
5.2. All Content is the sole responsibility of the person from whom such Content originated, and we do not control, and are not responsible for Content provided by any other person.
5.4. Users are not permitted to upload, post, email, or otherwise make available any Content:
- 5.4.1. that is false or misleading;
- 5.4.2. that infringes any intellectual property rights of, or a duty of confidentiality to, any other person;
- 5.4.3. that advertises products or services the sale or supply of which is prohibited or restricted by applicable law;
- 5.4.4. 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;
- 5.4.5. that is libellous, abusive, threatening, obscene, or otherwise offensive; or
- 5.4.6. otherwise hinders the use or enjoyment of the Website by other Users.
5.5. We do not pre-screen or approve Content, but we shall have a right (but not an obligation) in our sole discretion to refuse, delete, edit or move any Content that is available on the Website for violating the letter or spirit of the Terms or for any other reason at our sole discretion.
5.6. Users are prohibited from:
- 5.6.1. accessing data not intended for them or logging into a server or account which they are not authorized to access;
- 5.6.2. deleting or revising any Content posted by LabelCentric and/or any other person or entity;
- 5.6.3. using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; and
- 5.6.4. allowing others to use their login details to access any non-public area of the Website, disclosing to or sharing their password with any third parties or using their password for any unauthorized purpose.
5.7. We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither LabelCentric nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.
6. Intellectual Property Rights
6.1. Unless indicated to the contrary, LabelCentric owns all the intellectual property rights relating to the brand name “LabelCentric” and the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.
6.2. Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).
6.3. Users are not permitted to de compile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
6.4. Trademarks, logos, and brand names of the Good/s displayed on the Website by LabelCentric are the property of the respective manufacturer and/or owner of such trademarks, logos and brand names. Users are prohibited from using any of the same without the prior written permission of such third parties, which own such trademarks, logos, and/or brand names. LabelCentric is not associated with any of the brands in respect of the Good/s that it displays and/or sells on the Website, which are registered property of the respective brand owners and not of LabelCentric.
7. Limitations on Service
7.1. We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.
7.2. We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavor to provide reasonable advance notice of such suspension prior to the same.
7.3. We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.
8. Disclaimer of Warranty
8.1. The information, content and documents from or through our Website are provided on as is and whatever is basis 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).
8.2. LabelCentric is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services;
8.3. LabelCentric is not responsible for the conduct, whether online or offline, of any User of our Website or Services.
8.4. We take all reasonable care and safeguards to ensure that the Website and its electronic communications are virus-free. However, we make no warranty that the Website is free of viruses or other harmful components.
8.5. LabelCentric does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than LabelCentric, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
8.6. LabelCentric 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.
9. Limitation of Liability
9.1. LabelCentric or its subsidiaries, agents, directors, agents, affiliates shall not be liable to you for any direct, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, resulting from the use of the Website or related/unrelated services offered on the Website from time to time.
10.1. In the event of your breach of these terms and conditions or violation of any law or third party rights by you, you agree to indemnify and hold LabelCentrtic (and its officers, agents, directors, subsidiaries, joint ventures and employees) harmless and against any claim or demand arising out of or related to such breach.
11. Links to Other Sites
11.1. The Website may provide links to third party web sites. These links are provided as a service and not as an endorsement by LabelCentric of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party web sites. Users accessing linked third party web sites do so at their own risk.
12. Electronic Communication
12.1. When you use the Website, send emails to us, you are communicating with us via the electronic medium. LabelCentric will communicate with you via email or by posting notices on the Website and you agree to receive communication electronically from us. You agree that all notices, disclosures, agreements and other communications that are provided to you electronically, satisfy any legal requirements that such communications must be in writing.
13.1. You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
13.2. No person other than LabelCentric or a Buyer or Seller shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
13.3. These Terms shall be governed and interpreted in accordance with the Laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute arising out of these terms and conditions.
14. Disclaimer for products that fall under the Brand New category
LabelCentric and its Suppliers take guarantee and hold to the best of their knowledge that all the products open for sale are authentic and procured through legal channels. The products, however, may pertain to an antithetic collection or line introduced by the brand owner/registered trademark in another country in contrast to the available product in India. For this reason, it is possible that the products may not be entitled to the same warranty as issued by the brand in India.
LabelCentric and its Suppliers, however, take full responsibility of the products sold and also put forward to offer after sale services, wherever applicable. LabelCentric and its Suppliers would be responsible to facilitate the exchange or replacement for the products.