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
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
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
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.
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
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
EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE
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
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.
Click here to access the Luggage Concierge
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
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,
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.
contact the Company at 1-800-288-9818. In addition you may request
Hofheimer Gartlir & Gross, LLP, attn: Scott R. Kipnis, Esq.,
530 Fifth Avenue, New York, New York 10036.