Terms and Conditions

LUXE CYCLE CARE INC.

WEBSITE TERMS & CONDITIONS

These Terms of Service (“Terms”) apply to your access to and use of our website, mobile applications and other online products and services (collectively, the “Luxe Cycle Care Services” or “Services”) provided by LUXE CYCLE CARE INC. (“Luxe Cycle Care”, “we,” “us,” and/or “Company”). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTION 23, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT BY FOLLOWING THE INSTRUCTIONS IN SECTION 23.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may provide different or additional terms (e.g., for third-party services, payment processors, fulfillment providers) that become part of your agreement with us if you use those services. If any conflicts arise, the additional terms will take precedence.

We may update these Terms periodically. Changes will be communicated via email, website notice, or updates on the Terms page. Continued use of the Services constitutes acceptance of the changes. If you disagree, you must stop using the Services.

Luxe Cycle Care may introduce features only available to certain users. Provisions regarding new features may not apply to all users.

To contact us regarding these Terms or our Services, please visit our Contact Us page or email: help@luxecyclecare.com.

1. Parties To This Agreement and Consideration

The parties to this Agreement (“Agreement”) are You (“User”) and LUXE CYCLE CARE INC. (“Company,” “We,” “Our,” or “Us”).

1.1. By accessing this Website, you agree to be bound by the terms herein.

1.2. We grant you a limited, non-transferable right to access this Website and its affiliated sites.

1.3. We reserve the right to modify these Terms at any time, with updates posted on the Website or sent to your account email.

1.4. You may not alter any part of these Terms. Any such attempt will be null and void.

1.5. Bookmarking a page to bypass the Terms of Use constitutes your agreement to be bound by them and confirms that you are at least 18 years old or the age of majority in your jurisdiction.

2. Use of Website

You agree not to:

Violate laws or Company policies
Post false or misleading content
Infringe third-party rights
Distribute spam or malicious software
Use scraping or automation tools without permission
Harvest user data without consent
Circumvent access restrictions

3. The Luxe Cycle Care Services

3.1. Posting Items

You may post bikes for sale by uploading images and descriptions free of charge.

3.2. Buying and Selling

Luxe Cycle Care facilitates transactions using our “Luxe Payment Solution.” Transactions are between users, and Luxe Cycle Care is not a party to them, except as stated in our Purchase Protection Policies.

3.3. Payment Accounts

Using the Luxe Payment Solution requires an account and agreement to terms from our Payment Provider (currently Adyen). Payment Provider terms are separate and binding. Payment may be delayed or denied based on user compliance and eligibility.

3.4. Taxes

You are responsible for taxes on sales and purchases. Luxe Cycle Care may collect sales tax where required. We may request tax documentation (e.g., W-9 or 1099-K reporting) if thresholds are met.

3.5. Shipping

Sellers may offer bikes for nationwide shipping. Sellers must follow our Shipping Policies. Buyers pay for shipping. Luxe Cycle Care is not liable for shipping delays, damages, or losses.

Shipping of restricted or illegal items is prohibited. Violations are subject to civil or criminal penalties. Hazardous materials (e.g., lithium batteries) must be labeled appropriately and shipped ground-only.

4. User Code of Conduct

You will not:

Disrupt the Services or infringe on others’ use
Engage in harassment, intimidation, or predatory behavior
Circumvent the platform to transact outside Luxe Cycle Care
Sell restricted or prohibited items
Provide false or misleading information
Impersonate others or misrepresent yourself
Use gift cards or cryptocurrency as payment
Copy or reverse-engineer Luxe Cycle Care’s Services
Use unauthorized tools, scripts, or scrapers

You may not:

Create multiple accounts
Transfer your account
Access another user’s account without consent

Violating these rules may lead to account suspension or termination. Luxe Cycle Care may enforce these rules at its discretion.

5. Information Collected.
Luxe Cycle Care (“We,” “Our,” or “Us”) may collect personal information through the Website (“Personal Information”). This includes, but is not limited to, a User’s name, street address, phone number, email address, username and password, and payment details. We may use Personal Information for: (i) verifying User identities; (ii) managing User accounts; (iii) processing transactions and communications; (iv) customer service; (v) updates and promotions; (vi) inquiries and feedback; (vii) website security; and (viii) evaluating and improving our services.

We may also collect non-personally identifiable information (“Anonymous Information”), such as browser type, IP address, pages visited, and general usage patterns. This data helps improve our Website and services and may be gathered via cookies, web beacons, or similar technologies.

6. Website Use of Information.
By submitting Personal Information, you grant Luxe Cycle Care and its representatives the right to store and use that information to enhance your experience, analyze User demographics, and contact you when necessary. Please note that even after removal, your information may remain in cached pages of search engines beyond our control.

7. Accounts, Passwords, and Registration.
You are responsible for protecting your username and password. Luxe Cycle Care is not liable for unauthorized access resulting from compromised credentials. Please notify us immediately if you suspect a breach of your account.

8. Content from the Website.
You retain ownership of the content you submit but grant Luxe Cycle Care and its affiliates the right to distribute such content as necessary to complete transactions or deliver services.

9. Abusing the Website.
Please report issues or offensive content to us at help@luxecyclecare.com. We may restrict access or remove content if it violates our policies, but we are not liable for monitoring or policing the Website content.

10. Limitations on Website Services.
We reserve the right to impose limits on usage, content storage, or access frequency, and to modify or discontinue any part of the Website without notice or liability.

11. Posting Agents.
You may not use third-party services (“Posting Agents”) to post content on the Website without express permission from Luxe Cycle Care.

12. No Spam Policy.
Sending unsolicited emails or advertisements to or through our systems is strictly prohibited and may result in legal action under applicable laws such as the Computer Fraud and Abuse Act.

13. Intellectual Property Rights & Website Content.
Luxe Cycle Care retains all rights to its intellectual property. You may not use our trademarks, logos, or proprietary content without authorization. By submitting content, you grant us a non-exclusive, perpetual, royalty-free right to use it. You agree not to post content that you do not own or have permission to share.

14. Reporting Intellectual Property Infringements.
If you believe your intellectual property has been infringed upon, notify us in writing at help@luxecyclecare.com with detailed evidence. We will respond in accordance with the DMCA and applicable laws.

15. Liability.
Luxe Cycle Care is not responsible for other Users’ actions or content. We do not guarantee the accuracy, safety, or legality of listings or communications. We disclaim all implied warranties to the fullest extent permitted by law.

16. Disclaimer of Warranties.
Our Website and services are provided “as is” and “as available.” We do not guarantee they will be error-free, uninterrupted, or secure. Use of our services is at your own risk.

17. Assumption of Risk.
A. You acknowledge that using an internet-based platform involves inherent risks, including fraud or harm during in-person interactions. Luxe Cycle Care does not verify Users’ backgrounds and is not responsible for any resulting issues.

B. Community Meetup Spots:
These are third-party-designated public locations intended for safer in-person exchanges. Luxe Cycle Care does not verify their condition or guarantee their safety. Use of such locations is at your own risk.

18. Limitation of Liability.
To the maximum extent permitted by law, Luxe Cycle Care and its affiliates will not be liable for indirect, incidental, or consequential damages, even if foreseeable. Our total liability is limited to the greater of $100 or the amount you paid us in the 12 months before the claim arose. These limitations do not apply in cases of gross negligence, fraud, or intentional misconduct.

19. Buyer Protection. Luxe Cycle Care supports the buyer through its Buyer Protection Program in the enforcement of warranty claims against the seller, particularly in cases of non-performance, poor performance, misrepresentation of the product’s condition, or valid withdrawal requests. The buyer must notify Luxe Cycle Care within forty-eight (48) hours of delivery or failed delivery. Please note that a bicycle not fitting in size is not a valid basis for rescission.

The purpose of Buyer Protection is for Luxe Cycle Care to assess whether a defect exists in the purchased bicycle. The buyer may send the bicycle to Luxe Cycle Care for inspection, at their own expense.

If a defect is confirmed, Luxe Cycle Care will coordinate with the seller to determine whether a rescission will be accepted or a repair undertaken. If the seller opts for rescission, the product will be returned upon payment of a shipping fee, and Luxe Cycle Care will process the refund to the buyer on behalf of the seller. Payment handling will be done via our payment provider Adyen or offset as described in Section 8.

Alternatively, the seller may approve a repair through Luxe Cycle Care to restore the bicycle to the originally agreed condition.

If no defect is found, Luxe Cycle Care will inform the buyer and return the bicycle after receiving the applicable shipping fee.

Buyer Protection is not available beyond 48 hours after the agreed or actual delivery date.

20. Release. To the maximum extent permitted by law, you release Luxe Cycle Care and its affiliates from all liability, claims, and damages (known or unknown) related to disputes between users or actions of third parties. California residents waive rights under Civil Code § 1542.

21. Transfer and Processing of Data. By using our Services, you consent to your data being processed and stored in the United States and other countries, which may not offer the same legal protections as your local jurisdiction.

22. Indemnity. You agree to indemnify and hold harmless Luxe Cycle Care and its affiliates against any claims arising from:
(a) your use of the Services;
(b) your content or feedback;
(c) violation of these Terms;
(d) infringement of third-party rights; or
(e) your conduct via the Services.
You agree to cover all legal fees and allow Luxe Cycle Care to control the defense.

23. Terminating Our Services. You may stop using our Services at any time. We reserve the right to suspend, remove, or terminate your access to the Services at our discretion and without liability. Attempting to access the Services after termination is prohibited.

24. Dispute Resolution.

No Representative Actions. Disputes with Luxe Cycle Care must be resolved individually. No class or representative proceedings are permitted.
Arbitration. Except for small claims or equitable relief for IP matters, all disputes will be resolved through binding arbitration via JAMS. Arbitration will occur in King County, Washington, unless you are a consumer, in which case it may occur near your residence or virtually. The Federal Arbitration Act (FAA) governs this section.

You may opt out of arbitration by emailing support@luxecyclecare.com within 30 days of accepting these Terms, including your full name and address and a clear intent to opt out.

Claims must be brought within one year or be permanently barred.

If any part of this section is found unenforceable, the remainder will remain valid, and non-arbitrable claims must be litigated individually in court.

25. Ownership; Limited License. All content on the Services is owned by Luxe Cycle Care or its licensors. You are granted a limited, revocable license to use the Services in compliance with these Terms.

26. Suspension; Termination. Luxe Cycle Care may revoke your license to use the Services at any time for any reason, including violations of these Terms. We may pursue legal remedies for unauthorized use. These Terms remain enforceable during suspension and post-termination.

27. Force Majeure. Luxe Cycle Care is not liable for service interruptions due to causes beyond our control, including but not limited to natural disasters, labor disputes, or government actions.

28. Relationship of the Parties. These Terms do not create a joint venture, partnership, agency, or employment relationship between you and Luxe Cycle Care.

29. Security Procedures. We maintain reasonable security practices but cannot guarantee the absolute security of your data.

30. Copyright & Intellectual Property Complaints. Report alleged copyright violations to:

Designated Agent: Spiegel & Utrera, P.A.
Address: 45 Maplewood Dr, Springfield, IL 62704

Knowingly submitting false claims may result in liability.

31. Privacy Policy. Your privacy is important to us. We collect personal information only to the extent necessary to deliver our Services. By using our site, you agree to the practices outlined in our Privacy Policy, including any updates. We may disclose information to law enforcement as necessary.

32. Website Terms and Conditions. Our Website Terms and Conditions apply to and govern any issues relating to this Privacy Policy.

33. Corporate Transfers of Information. In the event of a business transaction (e.g., sale, merger, or bankruptcy), your personal data may be transferred as part of company assets. By using our Services, you consent to this.

34. Contributions. By submitting feedback or suggestions to Luxe Cycle Care, you agree:
(i) it is non-confidential;
(ii) we are not obliged to keep it confidential;
(iii) we may use it freely;
(iv) we may already have similar ideas;
(v) we may use it without compensation.

35. Entire Agreement. These Terms, along with our other posted policies, represent the entire agreement between you and Luxe Cycle Care and supersede any prior agreements.