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Terms & Conditions

PLEASE CAREFULLY READ AND FAMILIARIZE YOURSELF WITH THESE TERMS OF USE BEFORE USING LUGGAGECONCIERGE.COM (THE "WEB SITE") AND THE SERVICES PROVIDED BY LUGGAGE CONCIERGE INC. ("LUGGAGE CONCIERGE"). THESE WEB SITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE OR USE LUGGAGE CONCIERGE’S SERVICES. BY ACCESSING AND USING THE WEB SITE, YOU, YOUR SPOUSE AND/OR DEPENDENTS, OR THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (COLLECTIVELY, "YOU" OR "YOUR") SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

Section 1. Use and Eligibility.

The Web Site is provided by Luggage Concierge and is available only to entities and persons over the age of eighteen (18) who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Web Site. In addition, LuggageConcierge.com is provided solely for the use of current and potential Luggage Concierge customers to interact with Luggage Concierge and may not be used by any other person or entity, or for any other purpose. Specifically, all tracking, zone, pricing and other information may only be used by current and potential Luggage Concierge customers. The use of automated dial-in or inquiry devices to obtain information through LuggageConcierge.com is strictly prohibited. Luggage Concierge does not accept ideas, concepts, or techniques for new services or products through LuggageConcierge.com. If such information is received, it will not be considered confidential and Luggage Concierge will be deemed free to use, communicate and exploit such information in any manner it chooses.

Section 2. Scope of Terms of Use.

These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively, the "Services") available via the Web Site, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you via the Web Site ("Service Agreement(s)"). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.

Section 3. Changes to LuggageConcierge.com.

LuggageConcierge.com and its content, including without limitation the information, graphics, products, features, functionality, and links (collectively, the "Content") and the Services may be changed, deleted or updated without notice.

Section 4. Term.

Luggage Concierge may discontinue, suspend or modify LuggageConcierge.com at any time without notice, and Luggage Concierge may block, terminate or suspend Your and any user's access to LuggageConcierge.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 5. Ownership.

LuggageConcierge.com and its Content are protected by United States copyright, trademark and other laws. Specifically, Luggage Concierge does not convey to anyone, through allowing access to LuggageConcierge.com, any ownership rights in LuggageConcierge.com or in any Content appearing on or made available through LuggageConcierge.com.

Section 6. Disclaimer of Warranty.

To the extent that the Services provided by Luggage Concierge and/or the use of LuggageConcierge.com and its Content are deemed the sale of goods as defined by the Uniform Commercial Code, they are provided "as is". Luggage Concierge disclaims any and all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding the services provided by Luggage Concierge and/or the use of Luggage Concierge.com and its Content and your ability or inability to use the Services provided by Luggage Concierge and/or LuggageConcierge.com and its Content.

Section 7. Limitation of Liability.

LUGGAGE CONCIERGE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE SERVICES OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. LUGGAGE CONCIERGE WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS OR NEGLIGENCE BY LUGGAGE CONCIERGE OR ERRORS IN OR THE USE OF OR INABILITY TO USE THE SERVICES OF LUGGAGE CONCIERGE OR LUGGAGECONCIERGE.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, OR DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED LUGGAGE CONCIERGE OF THE POSSIBILITY OF SUCH DAMAGES, OR DAMAGES OR LACK OF USE OF THE LUGGAGE AND/OR EQUIPMENT (THE "PACKAGE" OR "PACKAGES") PROVIDED TO LUGGAGE CONCIERGE FOR SHIPPING.
THE MAXIMUM AMOUNT YOU ARE ENTITLED TO RECOVER IS THE AMOUNT PAID TO LUGGAGE CONCIERGE FOR ITS SERVICES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

THE COMPANY EMPLOYS THIRD-PARTY SHIPPERS TO DELIVER YOUR PACKAGES. (UPS AND THE UPS BRANDMARK ARE REGISTERED TRADEMARKS THAT ARE USED WITH PERMISSION BY ITS OWNER, UNITED PARCEL SERVICE OF AMERICA, INC. ALL RIGHTS RESERVED.) EACH PACKAGE IS AUTOMATICALLY INSURED (EXCLUDING NORMAL, ORDINARY AND CUSTOMARY WEAR AND TEAR) BY SUCH THIRD-PARTY SHIPPERS UP TO $1500 FOR DELIVERIES WITHIN THE U.S. AND $300 FOR INTERNATIONAL DELIVERIES. SUCH INSURANCE ONLY INCLUDES LOSS OF OR PHYSICAL DAMAGE TO PACKAGE(S) AT ACTUAL CASH VALUE AND NOT REPLACEMENT COST. THE COMPANY IS NOT RESPONSIBLE FOR DELAYS DUE TO FACTORS BEYOND IT OR SUCH THIRD PARTY’S CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: AIRLINE AND TRANSPORTATION DELAYS; FAILURE, UNAVAILABILITY OR REFUSAL OF A PERSON TO RELEASE FOR PICKUP OR ACCEPT DELIVERY OF THE SHIPMENT; ACTS OF GOD; ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY; ACTS OR OMISSIONS OF CUSTOMS OR SIMILAR AUTHORITIES; THE APPLICATION OF SECURITY REGULATIONS IMPOSED BY THE GOVERNMENT, OR OTHERWISE APPLICABLE TO THE DELIVERY LOCATION; RIOTS, STRIKES, LOCKOUTS, WORK STOPPAGES OR OTHER LABOR DISPUTES; WAR, MILITARY ACTIONS OR POLICE ACTIONS; ACTS OF TERRORISM; CIVIL COMMOTIONS; DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA; AND NATURAL DISASTERS.

LUGGAGE CONCIERGE CANNOT PROVIDE ANY INSURANCE FOR AND IN NO MANNER WILL BE LIABLE FOR THE LOSS OF OR PHYSICAL DAMAGE TO CERTAIN PACKAGES, INCLUDING, BUT NOT LIMITED TO, JEWELRY, ELECTRONIC EQUIPMENT, PERSONAL KEEPSAKES, ANTIQUES, FRAGILE ITEMS (INCLUDING GLASS), UNIQUE OR ONE -OF-A-KIND ITEMS OR ITEMS OF UNUSUAL VALUE (INCLUDING, BUT NOT LIMITED TO, PRECIOUS METALS, CURRENCY, OR ANY PACKAGE HAVING AN ACTUAL VALUE OF GREATER THAN $50,000). SUCH ITEMS ARE SHIPPED EXPRESSLY AT YOUR OWN AND EXCLUSIVE RISK.

Section 8. Preparation for Shipping.

It is Your responsibility to ensure that proper packaging is used and that all Packages are adequately and securely packed, wrapped and cushioned for transportation provided, however, that items which are fragile or cannot be properly packed should not be shipped. In addition, all Packages must be placed in the plastic bags provided to You by the Company.

The Company advises you to keep all plastic bags away from babies and small children. PLEASE BE ADVISED THAT THE FILM AND/OR PLASTIC MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING.

Section 9. Cancellation.

All cancelled orders will be subject to a $75 cancellation charge.

Section 10. Refusal of Service.
Luggage Concierge is held to the same F.A.A. standards regarding packages as passenger airplanes. Luggage Concierge reserves the right to refuse to accept any Package(s) that You would not be allowed to carry on or check with a passenger airline, or packages which Luggage Concierge deems too dangerous to ship, in its sole discretion. In addition, Luggage Concierge will not ship live animals, plants, firearms, hazardous material, or packages the shipment of which is prohibited by law or regulation of any federal, state, provincial, or local government in the origin or destination country. The Company reserves the right to refuse to ship any Package when, among other reasons, the Company, in its sole discretion, deems that it is unsafe or economically or operationally impracticable to provide such shipping.

Section 11. Indemnity.

You hereby release, and agree to indemnify and hold harmless Luggage Concierge and its officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use of Luggage Concierge’s Services and/or Your use of or viewing of LuggageConcierge.com and its Content.

Section 12. Links to Other Web Sites.

From time to time, there may be links on the Web Site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Luggage Concierge. Luggage Concierge makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Luggage Concierge has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 13. Privacy Policy.

Click here to access the Luggage Concierge Privacy Policy governing the use of information acquired from You through LuggageConcierge.com.

Section 14. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access LuggageConcierge.com regarding access, use, export, reexport, import, and movement of unaccompanied Packages or of any content appearing on or available through LuggageConcierge.com. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Section 15. Controlling Law and Severability.

This Agreement and Your use of LuggageConcierge.com is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to LuggageConcierge.com or this Agreement must be instituted within one year after the claim or cause of action has arisen or be barred and must be brought in a court of competent jurisdiction within Westchester County, New York. This Agreement may not be changed or modified without the written consent of Luggage Concierge.

Section 16. Signature Release.

A. Packages with a declared value of $3000 or less may be delivered and released without obtaining a signature.

B. Packages with a declared value of greater than $3000 may be delivered and released without obtaining a signature only when the sender has authorized a release by choosing the Release Signature selection during the order process and accepting the terms for deliveries without requiring a signature. Acceptance of such terms will constitute Release Delivery Authorization and an Indemnification Agreement for Luggage Concierge and its shippers, or, at its sole option, upon oral or written instruction from the sender or recipient.

C. At Luggage Concierge’s sole discretion, some Packages may not be released without a delivery signature even when release is authorized, including, but not limited to:

1. Damaged Packages.
2. Packages containing dangerous goods.
3. Perishable Packages.
4. Packages containing alcohol or tobacco.
5. One or more Packages in multiple-piece shipment if all Packages cannot be safely released.
6. Packages containing pharmaceuticals, or
7. When the delivery location or circumstances are unsuitable for release without signature, as determined in Luggage Concierge’s sole discretion.

Notwithstanding the above, Luggage Concierge reserves the right to refuse to accept any of the above types of goods for shipment, in its sole discretion. For further information, click here.

D. At Luggage Concierge’s sole discretion, Packages having a declared value greater than $100 may not be released without a signature even where the release is otherwise authorized.
If you have any questions regarding these Terms of Use, you may contact the Company at 1-800-288-9818. In addition you may request a hard copy of these Terms of Use by contacting the Company c/o Hofheimer Gartlir & Gross, LLP, attn: Scott R. Kipnis, Esq., 530 Fifth Avenue, New York, New York 10036.

 


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