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        TERMS OF SERVICE

        This website is operated by LUXX NOVA. Throughout the site, the terms “we”, “us” and “our” refer to LUXX NOVA. LUXX NOVA offers this website, including all information, tools and services available from this site (the “Site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

        By accessing our site or purchasing a product from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

        Products sold through the Site are solely for your personal and non-commercial use, unless otherwise authorized by LUXX NOVA in writing and these Terms do not apply to parties intending on selling the products commercially (“Wholesalers”).  By using the Site or purchasing products from us you warrant that you are not a Wholesaler. Wholesalers must contact LUXX NOVA directly and prior to purchasing any products through the Site in order to receive a copy of the terms applicable to them.

        You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of LUXX NOVA or others.

        We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole opinion, appear to be placed by Wholesalers.

        SECTION 1 – PRODUCT AVAILABILITY AND PRICING

        Prices for our products are subject to change without notice.

        We reserve the right at any time to modify or discontinue any product or the Site, or any part or content thereof, without notice at any time.

        We will not be liable to you or to any third-party for any loss resulting from any modification, price change, suspension or discontinuance of any product or the Site.

        SECTION 2 – COLOUR DISPLAY

        We have made every effort to display as accurately as possible the colors and images of the products that appear on the Site but we cannot guarantee that your computer monitor’s display of the products’ colors will be accurate.

        SECTION 3 – PRODUCT COLOR / DYE LOT VARIATION

        Colors may vary between those indicated on the Site and the actual fabric received by you. Colors are not standardized between vendors.  Fabric orders are always cut from a different bolt of fabric than garment orders, so variation may occur between bolts of fabric even though most variations are slight. Neither LUXX NOVA nor the vendor can guarantee a color match between the color indicated on the Site and the color received by you, and neither LUXX NOVA or the vendor makes any warranties with respect to color of the garment or fabric received by you.

        SECTION 4 – SELECTING A SIZE

        Vendors provide their own size charts, and sizes and size charts may vary between vendors. It is important to use the applicable vendor size chart when choosing which size to order.  Products are not custom-made to your exact measurements and nearly all garments will require some type of alteration. LUXX NOVA is unable to assist with measurements and will not suggest a size and neither the vendor or LUXX NOVA will be able to accommodate any size changes once an order has been placed.

        You are solely responsible for determining and ordering the appropriate size and determining whether to order extra or custom length and LUXX NOVA is not responsible for any dissatisfaction resulting from your inability to appropriately determine your size.

        You can find vendor’s size chart on the product page.

        The vendor may set a maximum size in which a product can be made, and LUXX NOVA cannot guarantee that a product will be available in a particular size.

        The final look of products in larger sizes might differ from photos on the Site.

        SECTION 5 – ADDITIONAL FEES

        Additional fees may apply to select order specifications including, but not limited to, plus sizes, extra length, hollow-to-hem measurements and rush delivery.  These fees may not be shown on the product page but will be added during checkout.

        SECTION 6 – WHEN TO ORDER

        LUXX NOVA recommends placing your order as far in advance of the event as possible to allow ample time for production, shipment and any necessary alterations.

        Vendors’ estimated delivery times are tentative and subject to change according to the vendor’s production schedule. Vendors cannot guarantee their delivery dates and may change delivery dates at their discretion and without advance notice to you.

        Most often, orders arrive on or before their estimated delivery date, but vendors may experience delays in their production or their shipping schedule and such delays may affect the delivery of the product to LUXX NOVA. LUXX NOVA does not maintain or have control of a vendor’s production or shipping schedule and is not responsible for any loss resulting to you from a vendor’s delay.

        Currently, the estimated delivery time for an order is a minimum of 4 months.

        SECTION 7 – PAYMENT

        Payment is due in full at the point of purchase. We do not offer any deferred payment or lay-away programs.  LUXX NOVA accepts most major credit cards. Currency is calculated in Canadian dollars (CAD) only. We do not convert payments into other currencies.

        SECTION 8 – COUPON CODES

        LUXX NOVA reserves the right to cancel any coupon codes applied to an order.

        SECTION 9 – PROMOTIONS

        LUXX NOVA may periodically feature promotions to purchases in its online store.

        Online promotions adhere to these Terms of Service but any specific disclaimer or term in the promotion itself supersedes these Terms.  Promotions cannot be applied to previous or existing orders or used in conjunction with any other offer.

        LUXX NOVA reserves the right to modify or discontinue any promotion at any time without advance notice to you.

        SECTION 10 – WARRANTY

        By purchasing a wedding dress from the Site you specifically acknowledge that a wedding dress is designed for limited use only and is not intended for repeated or everyday use and should not be used on more than two occasions. Any damage to the dress caused by use longer than two occasions will not be considered a defect according to these Terms.

        We warrant all of our products against defects for a period of 30 days beginning the day after you receive our product. Please note that the warranty does not apply to usual wear and tear or improper use or neglected maintenance, mechanical damage, excessive use or use contrary to the terms and conditions stipulated in these Terms, or where any adjustments to the dress or any other product are made by you or any third-party.

        For our cancellation and refund policy, please click here.

        SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

        You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

        LUXX NOVA requires an email address on your order. All correspondences, confirmations and notifications are provided by email.

        You must supply and maintain a current email address, which you have access to and check frequently. Important information about your order will be emailed and may require an immediate response.

        SECTION 12 – TESTIMONIALS DISCLAIMER

        Testimonials appearing on LUXX NOVA site denote individual experiences and do not represent the opinions of LUXX NOVA and LUXX NOVA makes no representations or warranties thereto. No compensation is provided for customer testimonials.

        SECTION 13 – THIRD-PARTY LINKS

        Certain content, products and services accessible through the Site may include materials from third-parties.

        Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

        We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

        SECTION 14 – PERSONAL INFORMATION

        Your submission of personal information through the store is governed by our privacy policy (the “Privacy Policy”). To view our Privacy Policy click here.

        SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS

        Occasionally there may be information on our site or on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice.

        We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

        SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

        We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.

        We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

        You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.

        You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and Site delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

        In no case will LUXX NOVA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability will be limited to the maximum extent permitted by law.

        SECTION 17 – SEVERABILITY

        In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Service, such determination will not affect the validity and enforceability of any other remaining provisions.

        SECTION 18 – TERMINATION

        The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms of Service for all purposes.

        These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing to use the Site.

        SECTION 19 – ENTIRE AGREEMENT

        The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

        These Terms of Service and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

        Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

        SECTION 20 – GOVERNING LAW

        These Terms of Service and any separate agreements whereby we provide you Site will be governed by and construed in accordance with the laws of British Columbia.

        SECTION 21 – CHANGES TO TERMS OF SERVICE

        You can review the most current version of the Terms of Service at any time at this page.

        We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

         

         

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