Terms and Conditions for luxuriouspajamas.com

1. Introduction and Acceptance

Welcome to luxuriouspajamas.com (the “Website”). These Terms and Conditions (“Terms”) govern your use of our Website and the purchase of products offered through it. By accessing, browsing, or placing an order on this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please read them carefully before making any purchase. If you do not agree with any part of these Terms, you must not use our Website or purchase our products. These Terms constitute a legally binding agreement between you and luxuriouspajamas.com regarding your use of our services and the sale of goods.

2. Relationship with the Supplier

luxuriouspajamas.com operates as an independent reseller of the products featured on our Website. Our role is to market, promote, and facilitate the sale of these high-quality goods to end-use consumers like you. We maintain an independent business relationship with the original supplier and manufacturer of these products. This relationship is governed by a separate agreement that authorizes us to offer these products for sale through this online platform. Consequently, our agreement with you is solely for the purchase of physical goods and does not create any partnership, joint venture, agency, or employment relationship between you and us, or between you and the original supplier .

3. Products and Orders

All products displayed on luxuriouspajamas.com are subject to availability. We reserve the right, at our sole discretion, to discontinue any product at any time without prior notice. We also reserve the right to limit the quantities of any products that we offer.

Order Acceptance and Cancellation: The display of products on our Website is an invitation to you to make an offer to purchase, and not a binding offer to sell. When you place an order, you are making an offer, which we may accept or reject at our discretion. 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, per household, or per order. We will confirm our acceptance of your order by sending you an order confirmation email. A contract for the sale of the goods is formed only when we send this confirmation, or, if earlier, when we dispatch the goods to you.

Pricing and Descriptions: All prices are subject to change without notice. While we strive to ensure all product descriptions, images, and pricing are accurate, we do not warrant that such information is error-free. In the event of a pricing error or an inaccurate description, we reserve the right to cancel any orders placed for that product and will notify you of such cancellation .

4. Intellectual Property and Product Integrity

Intellectual Property Rights: You acknowledge and agree that all intellectual property rights, including trademarks, copyrights, and trade dress, associated with the products sold on this Website, are the sole property of their respective owner, the original supplier . No transfer of any intellectual property rights is made to you through your purchase of any goods . Your purchase grants you a limited, non-transferable license to use the product for personal purposes.

Product Integrity: As a reseller, we do not alter, modify, or rebrand the products we sell. All goods are provided in the original packaging and condition as supplied to us. You shall not remove, alter, or destroy any copyright notices, trademarks, or other proprietary markings on the products . Any unauthorized use of the supplier’s intellectual property is strictly prohibited and may be subject to legal action.

5. Disclaimer of Warranties

“AS IS” and “AS AVAILABLE”: The products and services offered on luxuriouspajamas.com are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the products sold on this Website .

Pass-Through of Manufacturer’s Warranty: We are not the manufacturer of the products. Any express warranties, if any, are provided solely by the original manufacturer . We expressly disclaim all other warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement . Any claim relating to a product defect or warranty is the sole responsibility of the manufacturer and is governed by the manufacturer’s own warranty terms. This disclaimer does not exclude warranties that cannot be excluded under the applicable law of your jurisdiction.

6. Limitation of Liability

To the maximum extent permitted by law, luxuriouspajamas.com and its owners, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Website or products; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, or the like which may be transmitted to or through our Website by any third party; or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website .

Limitation of Amount: In no event shall our total aggregate liability to you for all claims arising out of or in connection with these Terms or the purchase and use of any products exceed the total amount paid by you for the specific product(s) that is the subject of the claim . You agree that this limitation of liability reflects a fair allocation of risk and is a fundamental basis of the bargain between us.

7. User Conduct and Prohibited Activities

You are granted a limited, non-exclusive, and revocable license to access and use the Website for its intended purpose: shopping for and purchasing products. You agree not to use the Website for any unlawful, harmful, or abusive purpose. Prohibited activities include, but are not limited to: (i) violating any applicable local, state, national, or international law; (ii) transmitting any worms, viruses, or other code of a destructive nature; (iii) interfering with or circumventing the security features of the Website; (iv) collecting or tracking the personal information of others; (v) harassing, abusing, or harming another person; and (vi) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity. Any violation of these rules may result in the suspension or termination of your access to the Website and the cancellation of any pending orders.

8. Confidentiality and Data Protection

We are committed to protecting your privacy. Your use of the Website is also governed by our Privacy Policy. You agree that any information provided by you in connection with your use of the Website and your orders is accurate and complete. We will process your personal data in accordance with our Privacy Policy. Both parties agree to maintain the confidentiality of any proprietary or non-public information received from the other party . We have implemented reasonable security measures to protect your data; however, you acknowledge that no transmission over the internet is completely secure and we cannot guarantee the security of your information transmitted to the Website.

9. Indemnification

You agree to indemnify, defend, and hold harmless luxuriouspajamas.com, its owners, directors, employees, and agents from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your breach of any provision of these Terms; (ii) your misuse of the Website; (iii) your violation of any law or the rights of a third party; or (iv) any content you submit or post to the Website. This indemnification obligation will survive the termination of these Terms and your use of the Website.

10. Dispute Resolution and Governing Law

Governing Law: These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the jurisdiction in which our business is established, without regard to its conflict of law principles .

Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, their breach, or the sale of goods, shall be first attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved exclusively by binding arbitration in accordance with the rules of a recognized arbitration association. The arbitration shall be conducted in the English language. You agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. By agreeing to these Terms, you waive the right to a trial by jury.

11. Modifications and Entire Agreement

Amendments: We reserve the right to update, change, or replace any part of these Terms 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 our Website following the posting of any changes constitutes acceptance of those changes . Material changes will be notified to you via a prominent notice on the Website.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement and understanding between you and luxuriouspajamas.com and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Any failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in the future. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the reasonable control of that party, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, strikes, epidemic, pandemic, government actions, and failures of the internet or other telecommunications infrastructure . In the event of such a force majeure event, the affected party will make reasonable efforts to mitigate the effects of the event and will notify the other party promptly of the occurrence and expected duration of the event.