Terms of service

Terms of Service

 Effective Date: August 25, 2025

 Welcome to Luqsee!

 1.    Description of the Service and application of these Terms of Service.

a. Luqsee, Inc. (“Luqsee”) owns and operates an online marketplace on the luqsee.com website and Luqsee mobile app (as available), including additional services provided therein (collectively, the “Service”). By use of the Service, registered consignors (“Consignors”) can be matched with authorized Luqsee consignees (hereinafter, “Partners” or “Sellers”) for the Partners to list Consignor’s apparel items, in addition to apparel items that Partners have either individually sourced or obtained from their own consignors (collectively, “Items”) for sale to buyers (“Buyers”).

 

b. These Terms of Service including any policies or guidelines incorporated by reference herein (collectively, the “Terms”) are a legally binding contract between you and Luqsee. The terms “you” or “your” refer to you individually or any legal entity on which you are acting on behalf of. By setting up an account, accessing, and/or using the Service, or browsing luqsee.com, you agree to be bound by these Terms. You represent and warrant that you have the authority to bind yourself, and any entity on which you are acting on behalf of, to these Terms. If you do not agree to these Terms, you must not access and/or use the Service.

 

c. By using the Service, (a) Consignors and Partners enter into an agreement for the consignment of Items directly between themselves, and (b) Partners and Buyers enter into an agreement for the sale and purchase of Items directly between themselves. Luqsee is not a party to any such consignment, sale, or purchase, as the case may be.

 

2.    Account Registration.

a. To access and/or use the Service, you must setup and maintain an account (“Account”) with login credentials using accurate and complete information about your identity. Luqsee reserves the right to verify your account information and request proof of address, identification, and business information. Luqsee may, in its sole discretion, terminate your account for inaccurate or false information or failure to provide supporting documentation. Notwithstanding anything to the contrary, Buyers may purchase Items by use of the guest checkout process without setting up an Account.

 

b. You may not use the Service or set up an Account if you are under the age of 13. If you are under the age of 18 but over the age of 13, you may only use the Service under the supervision of your parent or legal guardian, which such parent or legal guardian personal details must be submitted to setup the Account. The parent or legal guardian will act as the owner and be responsible for the Account and all transactions conducted by you.

 

c. You are responsible to keep your password and login credentials confidential, safe, and secure. If you know or suspect that anyone other than you knows your password or has access to or use of your Account, you must notify Luqsee immediately at info@luqsee.com.

 

3.    Rules for using Luqsee.

a. To use and access the Service, you must comply with these Terms and all applicable laws, rules, and regulations. You may not do any of the following in connection with your use of the Service:

●       Transfer, sell, or assign your Account to any third party without Luqsee’s written permission, or use or share another user’s Account without their consent;

●       Post, upload, transmit, share, store, or otherwise make available any content that is false, inaccurate, incomplete, misleading, offensive, harmful, threatening, unlawful, tortious, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, libelous, fraudulent, invasive of privacy or publicity rights, hateful, violent, or racially, ethnically or otherwise objectionable, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (collectively, “Objectionable Content”); or

●       Upload or transmit any worms, viruses, or any malicious code that will or may be used in any way that will affect the functionality or operation of the Service.

 

b. Through your use of the Service, you may encounter Objectionable Content. You are responsible to report any Objectionable Content to Luqsee. Luqsee reserves the right to remove such Objectionable Content in Luqsee’s sole discretion or if required by law, with or without notice. You release Luqsee from all liability relating to your interaction with Objectionable Content or other users of the Service.

 

4.    Intellectual Property.

a. Luqsee owns all rights, title, and interest in and to all intellectual property rights in the Service, luqsee.com, Luqsee mobile app, and Luqsee name and logo, and any derivative works, changes, enhancements, updates, modifications, or improvements to any of the foregoing (collectively, “Luqsee Property”). You may only use the Service and all content on the Service as expressly permitted under these Terms, and may not copy, modify, scrape, distribute, reverse engineer, create derivative works of, or otherwise use the Luqsee Property and all content on the Service.

 

b. Luqsee respects the intellectual property rights of others, and requires that information posted by its users be accurate and not in violation of intellectual property rights or other rights of third parties.  If you believe that any content on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to Luqsee at info@luqsee.com.

 

c. The Service may include integrations and features designed to interoperate with third-party websites, platforms, systems, applications, and services that are incorporated in, linked to, or accessed from the Service (“Third-Party Services”). Such Third-Party Services (i) are subject to terms and conditions of those third parties, (ii) are the property of their respective owners, and (iii) are not part of the Service and these Terms do not apply to them. Luqsee does not endorse, warrant, or guarantee the continued availability of or integration or interoperability with any Third-Party Services or the content provided by such Third-Party Services. You acknowledge and agree that you are solely responsible for and assume all risk associated with your use of and reliance on any Third-Party Services or any content available thereon.

 

5.    Purchases.

a. You are responsible and assume all risk when purchasing Items through the Service and are responsible for all fees, including applicable shipping costs and taxes associated with such purchases. Once an offer to purchase an Item has been accepted by a Seller, it will be considered a purchase and a binding contract between the Buyer and Seller, to which Luqsee is not a party. Upon purchasing an Item, Buyer shall remit payment to Luqsee for the Item. All purchases are final with no returns, refunds, cancellations, or retractions allowed, except where a Seller’s listing contained an inaccurate description, undisclosed damage, or an incorrect item was shipped, or Luqsee has cancelled the purchase due to illegal or wrongful activities. Luqsee does not evaluate Items, provide any warranty with respect to any Item, and is not responsible for inaccurate or false Item listing information other than as set forth herein. Buyer must contact Luqsee within three (3) calendar days of delivery for an Item to be eligible for a return. Returned items must be in the same condition as received, with all original packaging and components included.

 

b. Buyers may pay for purchased Items only by use of payment methods and third-party payment provider(s) authorized by Luqsee. Luqsee accepts such payment on behalf of the Seller. By providing payment information to Luqsee, you authorize Luqsee to store and use such payment information to charge you for applicable fees and expenses for your purchased Items.

 

c. In the event of a dispute with respect to a purchased Item, Buyers may contact Luqsee (at info@luqsee.com) to work with the Seller for resolution, and return an Item if expressly permitted and authorized by Luqsee.

 

d. Purchases conducted through the Service may be subject to taxes in your jurisdiction, which such taxes will be collected by Luqsee on behalf of Sellers where legally required to do so. Listing prices are exclusive of taxes but taxes will be displayed prior to purchase.

 

5.    Warranties.

a. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, LUQSEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUQSEE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OR CONTENT ON THE SERVICE WILL BE COMPLETE, ACCURATE, RELIABLE, OR ERROR FREE; OR (IV) THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS PURCHASED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. RECEIVING A REFUND, IF AVAILABLE, IS BUYER’S SOLE REMEDY FOR ANY ITEM THAT IS DETERMINED NOT TO BE AUTHENTIC OR OTHERWISE NOT AS DESCRIBED.

 

6.    Limitation of Liability.

a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LUQSEE BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT LUQSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGES, (II) ANY LOSS OF REVENUE, SALES, GOODWILL, OR REPUTATION ARISING OUT OF OR RELATED TO THE SERVICE OR ANY ITEMS LISTED, PURCHASED, OR SOLD THROUGH THE SERVICE, OR (III) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH, OR CONDUCT OF, OTHER USERS OF THE SERVICE OR ANY THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE LIABILITY OF LUQSEE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE EXCEED (A) THE AMOUNT PAID TO LUQSEE WITH RESPECT TO A SPECIFIC ITEM FROM WHICH THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS LESS.

 

7.    Indemnification.

a. You agree to indemnify, defend, and hold harmless Luqsee, its directors, officers, employees, affiliates, partners, subcontractors, agents, contractors, interns, suppliers, service providers or licensors from any and all claims, demands, liabilities, costs, damages, losses and expenses (including attorney fees) arising out of or related to (i) your access and use of the Service, including any Items listed, purchased, or sold, (ii) your breach of these Terms, (iii) your violation, misappropriation, or infringement of any third party intellectual property rights, (iv) your violation of applicable laws, or (v) your interaction, communication, or conduct with any third parties or other users of the Service.

 

8.    Disputes.

a. For any dispute that you or Luqsee have against each other related to the Service, the parties agree to first attempt to resolve the dispute informally to reduce costs and expedite resolution of the dispute. The parties agree to make a good faith effort to negotiate a resolution to the dispute for at least sixty (60) days, which will commence when a party receives written notice describing the nature, circumstances, and details of the dispute. The parties agree to participate in a videoconference as part of the informal resolution to discuss the facts and potential resolution of the dispute.

 

b. In the event the dispute is not resolved within sixty (60) days through the informal dispute resolution process, the parties agree and consent to binding arbitration or small claims court for the resolution of the dispute. You agree that the informal resolution process is a condition precedent to initiating arbitration, commencing a proceeding in small claims court, or any other legal action, and your failure to participate in or abandonment of the informal resolution process will deem your dispute with Luqsee closed. You agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. You agree to waive your right to trial by a jury. Each party may commence arbitration by filing a written demand for arbitration and providing a copy to the other party, which shall include in their demand details about the claim sufficient to identify their interactions and transactions (including dates and transaction amounts). The parties agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. The arbitration shall be commenced and held in Seattle, Washington, unless otherwise agreed by the parties.

 

c. These terms and any disputes between you and Luqsee will be governed by the laws of the state of Washington without giving effect to its principles regarding conflicts of law. Any disputes not subject to arbitration must be filed in the courts located in King County, Washington which will have exclusive jurisdiction over the dispute.

 

d. You are solely responsible for your conduct and interactions with other users of the Service. Buyers may contact Luqsee (at info@luqsee.com) to help resolve disputes with Sellers. Luqsee has no obligation to resolve disputes between users, but may provide support in resolving disputes. You release Luqsee from any claims, demands, and damages arising out of any disputes that you may have with other users or any third parties.

 

8.    Termination or Suspension.

a. You may close your account at any time by requesting to have your account deactivated through the Service or by sending notice to Luqsee at info@luqsee.com. Closing your account will not affect any amounts that remain unpaid or owing, or any liability incurred by you prior to your account closure.

 

b. Luqsee may suspend or terminate your account at Luqsee’s discretion without explanation, notice, or liability to you for any reason and at any time, including for your violation of these Terms or applicable laws or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Luqsee will have no liability to you for any suspension or termination of your account. Upon termination, we may delete your content or any other information we hold about you.

 

c. Luqsee may update and improve the Service, which may become unavailable for updates, upgrades, maintenance, or emergency support services. Luqsee may suspend, terminate, or modify the Service, or any part or feature thereof, at any time, with or without notice, and for any reason, including to comply with applicable law and regulations, or for business or security reasons. Luqsee will have no liability to you for any suspension, termination, or modification of the Service.

 

9.    Changes to these Terms.

a. Luqsee reserves the right to update these Terms at any time by posting the updated Terms to, for example, reflect changes to the Service, business or security operations, or applicable law or regulations. Changes to these Terms will be effective upon posting and will reflect an updated Effective Date set forth above. Luqsee may provide notice to you of the changes through the Service or via email. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms. If you do not agree to abide by these or any updated Terms, you must not use or access the Service and terminate your account.

 

10. General Terms.

 a. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States. You represent that you are not (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act, or is subject to U.S. or other sovereign country sanctions or embargoes; or (ii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.

 

b. If any provision of these Terms is held to be invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of these Terms. A waiver of any breach of these Terms is not deemed a waiver of any other breach.

 

c. Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Website: https://www.dca.ca.gov.

 

d. You agree that we will provide notices and messages to you within the Service, via email, or regular mail. Except as otherwise set forth in these Terms, you may provide notice to Luqsee, and such notice will be deemed provided once received, via mail to Luqsee, Inc., Seattle, WA, info@luqsee.com.

 

e. Luqsee appreciates your thoughts, ideas, and suggestions. You acknowledge and agree that any comments, suggestions, ideas, feedback, reviews, recommendations, corrections, or other information about Luqsee or the Service provided by you to Luqsee will not be confidential or proprietary, and Luqsee shall be entitled to the unrestricted use of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.