Terms and Conditions

Terms and Conditions

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR HAVE ANY RESERVATIONS, YOU MAY NOT USE THIS WEBSITE.

These terms and conditions will govern your access to www.allthebagz.com and use of its online marketplace, including the product listings features, search engine, application (App, AllTheBagz), social media, promotional resources or related services (collectively the Services) being offered or made available on this website to advertise/list your products or make a transaction to purchase the listed products.

Service Description

The website www.allthebagz.com is being owned and operated by AllTheBagz, LLC (hereafter referred as AllTheBagz, we, our, us). This website provides an online platform/marketplace for the buyers and sellers of luxury goods across the world.

All sellers on this marketplace, including the distributors, retailers, vendors, marketing companies, and businesses are independent entities and shall be deemed as third-party sellers. AllTheBagz shall never be a party to any merchandise or business relationship between the buyers and third-party sellers on this website. You should acknowledge and consent that AllTheBagz, its partners, subsidiaries, and each of their directors, executives, employees, or affiliates will never be liable for any damages, claims, or liabilities in relation to any merchandise or transaction between the buyers and third-party sellers/independent entities on this website.

AllTheBagz may use its storefront to list, advertise, or promote its own luxury products or the products under the consignment agreement with its collaborating partners. Product listings, booking of order, payment processing, product delivery, and other transactions related to the merchandise of any product listed on the will take place according to our terms and conditions as set forth in this agreement.  

Agreement

All users of this website, including the buyers, sellers, and guest visitors, shall consent to these terms and conditions for accessing this platform or using any feature or service being offered or made available offered on this website. Clicking I Agree, Sign Up, Subscribe or related syntaxes in any part of this website or interface of your device shall be deemed as your explicit consent to enter a binding agreement with AllTheBagz, consisting of these terms and conditions (Agreement). 

When you enter this agreement, it shall be deemed that you are legally mature and otherwise qualified to enter a binding agreement in your jurisdiction, and if you are not, browsing this marketplace or using the Services under the guidance and supervision of your legal guardian who has entered this agreement shall enter this agreement. However, minors of less than 13 years of age are not allowed to use this marketplace. All activities without consenting to this agreement shall be deemed as unauthorized access.

This agreement shall be deemed as your full acceptance of these terms and conditions and applicable rules, procedures, and guidelines, including but not limited to additional agreements, end-user licenses, shipping and return policies, privacy policies, and other terms which shall be deemed as incorporated into this agreement by reference. You are not allowed to redefine the terms of this agreement by picking or dropping certain clauses or sections. Any such modification or entirely different terms, delivered by you in any form or manner, shall be deemed as a material alteration of this agreement. AllTheBagz hereby objects and rejects all your modifications to this agreement.   

If any provision of this agreement is inconsistent with your additional agreements with AllTheBagz or independent sellers on the platform, the relevant provisions of this agreement shall prevail over such additional agreements. In the case of any inconsistency with the applicable laws, the inconsistent clause or sections of this agreement shall be severed to the extent of such inconsistency with the applicable laws.

If you are entering this agreement on behalf of your company or business entity, it shall be deemed that you are fully authorized to sign this agreement, and if you are not, consent to be personally liable for all your obligations under this agreement, including but not limited to the liabilities that may arise from violating any privacy or copyright laws in your jurisdiction. 

AllTheBagz reserves a right to determine the process and procedures of using the Services and making a transaction on/through the website/app. AllTheBagz shall be entitled to restrict any feature, service, or aspect of the marketplace to specific users who purchase a subscription package or fulfill other requirements for premium membership. Please acknowledge and consent that the Services and/or the required conditions for using the Services may differ across the regions or countries. We may create different levels of access, restrict, or deny your access to the Services in our sole discretion. It shall be your responsibility to ensure that the Service is available in your jurisdiction and you can use our website/app without violating any conditions, regulations, applicable laws, or embargoes for being a resident of specific countries or listed in any governmental list of prohibited entities.

AllTheBagz reserves a right to change, modify, upgrade, launch, impose conditions to, suspend, or discontinue any feature or service in its sole discretion and without giving any prior notice. We do not guarantee or make a representation that any feature or aspect of the Services will continue or remain available in the future. All luxury products being listed on this marketplace shall be subject to the availability, price and sales conditions from the respective sellers.

AllTheBagz reserves a right to monitor your activities on this website, but shall have no obligations to do so. If we believe or become aware that your activities are inconsistent with this agreement or the applicable laws, we may suspend/terminate your account and disclose any information, personal identity, record, communication, or content with the relevant authorities/third parties in our sole discretion.

Registration/Subscription

Browsing this online marketplace shall be free and voluntary, but only registered/subscribed users shall be allowed to use the Services being offered or made available on this website/app.

When you register or create an account on this website, you may be required to submit your name, contact number, email address, credit card information and other details of your personal, business, or demographic profile. Your personal information will be handled according to our Privacy Policy which is being incorporated into this agreement by reference.

Your registration/subscription shall be subject to confirmation and approval by AllTheBagz. We reserve a right to screen your personal or business profile before approving your account/subscription and refuse any such request in our sole discretion.

You can create and maintain only one active account at any time. If we believe or become aware at any point that you have created or operating more than one account to use the Services on this website, we may suspend or terminate all such accounts. You are not allowed to share, assign, or permit your account to be used by third parties outside of your business. You shall be solely liable for all damages that may result from multiple uses of your account on this platform. 

It shall be your responsibility to maintain the confidentiality of your login information. All activities under your account/credentials, including but not restricted to product listings, descriptions, specifications, personal or business profile, purchase of subscription packages or otherwise any transaction under your account shall be deemed to have been authorized by you, making you liable for any such activities that take place under your account.

Please acknowledge and consent that we reserve a right to suspend or terminate your account, at our sole discretion, without creating any liability to you or any third party for such suspension or termination of your account.

Pricing and Payment

All prices, promotions, exclusive deals, promotional offers, and subscription packages on this website shall be subject to change at any time and without any prior notice.

AllTheBagz may charge certain fees from the sellers for its subscription packages and product listing services. The sellers must purchase a subscription package in order to list and sell their products on this marketplace. Please acknowledge that we may offer different levels of subscriptions to be charged on a recurring basis.

You may upgrade your subscription to higher levels by paying fees commensurate with the preferred membership plan. Upgrading to higher subscription plans will add more features/services to your account. Sellers on a premium subscription plan will have a better rotation on top of our search results and they will be allowed to add contact details and social media information on their product listings and business profile.  

AllTheBagz will issue a monthly invoice for its product listing fees and/or promotional services. The participating sellers shall pay their bills within 15 days from the invoice date. Unpaid dues or late payments will affect your product listings on the marketplace. Failure to discharge your financial obligations will result in a suspension or termination of your account. AllTheBagz shall not be liable for any loss of business due to such restrictions or suspension of your account.

In case you subscribe to any premium membership plan, your payment instrument will be charged on monthly recurring basis unless you cancel your subscription at least 48 hours before the subscription renewal date.

Automatic charging of payment instruments shall be applicable to active PayPal accounts and other payment instruments listed on this website. AllTheBagz reserves a right to add or remove any payment instrument in its sole discretion. In case your payment instrument cannot be charged due to any reasons, it shall be your responsibility to pay your subscription fees on the due date.

Please acknowledge that all prices, promotions, merchandise, and transactions related to the products being listed by the third party sellers/independent entities are subject to their terms and conditions. We don’t book orders, process payments or deliver products being listed/promoted by such third parties. However, when you purchase any product being listed on AllTheBagz, AllTheBagz will process your orders and deliver the products as set forth in the Shipping and Returns Policy, which is being incorporated into this agreement by reference.      

When you purchase a subscription plan or buy any listed product on AllTheBagz, it shall be deemed that your billing information is correct/updated, and your payment instrument has sufficient funds for the transaction. AllTheBagz shall not be liable for any charges that may arise due to overdraft, insufficient funds, over the credit limits, or other fees from your bank. You shall be solely liable for all restrictions or non-performance due to your inability to provide authentic payment details.

AllTheBagz reserves a right to engage any credible third party payment processor. Purchasing any subscription or making any transaction on this website shall be deemed as your consent to the terms and conditions of the respective payment processor. Please acknowledge that we may receive some of your billing information from the payment processor. Any information that we receive from third parties will be handled according to our privacy policy.

Copyrights and Trademarks

The website, its content, and presentation, including the texts, images, icons, logos, graphics, videos, audios, page headers, scripts, applications, services, service names, trademarks, service marks, titles, and contained intellectual properties or other proprietary rights are owned by AllTheBagz, fully protected under the U.S. copyright and trademark laws. Copyright © 2018 AllTheBagz. All rights reserved.

You may access or download any personal or business profile, product descriptions, technical specifications, tutorials, documents, user reviews, or product images of listed products for personal and non-commercial use, but nothing in this limited license shall confer you any rights over the copyrighted resources or content being featured on this website. You should never use any known or unknown technology to copy, extract, or systematically retrieve any copyrighted material or content, or edit, modify, alter, publish, sell, lease, reproduce, redistribute, or exploit such content, in whole or parts thereof, without obtaining a written permission from AllTheBagz and/or the respective copyright owners, as the case may be.

You are not allowed to edit, alter, or remove the logos, trademarks, copyrights or other proprietary information from the accessed/downloaded content. You shall always respect the logos, trademarks, and service marks of AllTheBagz, its collaborating partners, participating sellers, and other independent business entities being listed on the marketplace.

Listing Requirements

The participating sellers and other independent business entities on the marketplace shall ensure that:

  • Prohibited products and services are not listed on the marketplace. It shall be your responsibility to ensure that your listed products, services, and related content are not prohibited by law.
  • The marketplace is not used for dealing in stolen, fraudulent, illegal or counterfeit product or content.
  • Listed products are not likely to be libel, slander, defamatory, or objectionable.
  • Listed products and content don’t infringe on third party rights, including their copyrights, trademarks, intellectual property, or the rights of privacy or publicity.
  • Listed products are not likely to cause any misconception, deception or confusion among the targeted audiences and related content is accurate, reliable, complete, current and relevant.
  • Listed products are supported by proper product description and contain the Shipping and Return policy, package tracking, and help desk information to resolve the concerns of users who buy the listed products.
  • The quoted price shall include only the shipping charges, but the potential customers shall be informed that they will be liable for paying taxes, duties and applicable charges.
  • Listed products include a fair shipping fee and delivery period.
  • Listed products include properly defined policies related to order processing, payments, shipping methods, product return and refunds so that there is no room for confusion and ambiguity.

Transactions between the Users

All sale or purchase of listed products on the website and related transactions shall take place in accordance with the agreements between the respective buyers and sellers. AllTheBagz shall never be a party to your business relationship with the participating sellers or other users on this website. AllTheBagz shall not be liable to you or any third party for availability, reliability, lawfulness, safety, or other quality parameters of the listed products on the platform and/or your ability or inability to complete transactions with the other users.

However, the merchandise and transactions of products listed on the AllTheBagz, including the order booking, payment processing and delivery of purchased products will be handled by AllTheBagz according to your additional agreements with the respective collaborating partners and relevant provisions of this agreement.     

AllTheBagz will use commercially reasonable efforts to screen the subscribers/sellers before allowing them to list their products on the marketplace, but such screening may have certain limitations. We don’t claim or confirm that the participating sellers or third-party businesses on this marketplace will be reliable. Please apply your prudence, rely on your own sources, consider ratings, and evaluate their credibility before making any transaction with them.

Please acknowledge that the sale, purchase, and related transactions on this online marketplace may have certain risks. The buyers and sellers shall be solely responsible for all such risks that may be involved in any sale, purchase, transaction, or use of any listed product on this website, including but not limited to improper product descriptions, inconsistent specifications, misrepresentation, fraudulent offers, defective, dangerous or illegal products, poor or unsatisfactory quality, hidden costs, delay or defaults in payment or delivery, loss or damage during transportations, or any breach of contract or warranty related to the product or service. You may also face some risks from possible infringement of third party rights during the manufacturing, import, export, distribution, listing, offer, sale, purchase and/or use of products being listed on the website and required to defend or bear the costs that may be involved in your indemnification to the participating sellers. Certain risks like allergies, health issues, injuries or damage to person or property in relation to listed products and services may also occur, and you may be held liable for any claims of the buyers or end-users due to such issues or any other matter related to the sale or purchase through this website/app. All these foregoing risks shall be deemed as transaction risks. AllTheBagz shall not be liable for any damages, claims, liabilities, costs, expenditures, harms, inconveniences, or business disruptions that may arise in relation to such transaction risks.

The participating sellers shall be liable to submit all the information or materials that may be reasonably required in connection with their business on this marketplace. AllTheBagz reserves a right to suspend or terminate any user/seller account if the respective user or seller fails to submit the required information.

The buyers and sellers on this marketplace shall be solely responsible for complying with the applicable laws, rules, regulations, and the terms for concluding any transaction on this website, including but not limited to the payments of taxes, fines, fees, licenses, permits, shipping, insurance, handling, transportation or storage charges. The participating sellers shall be responsible to access, collect, report and remit the applicable taxes to the reporting authority. AllTheBagz shall have no role and responsibilities in the collection, reporting or filing of taxes on transactions involving the listed products.

AllTheBagz shall be entitled to use the logos, trademarks, service marks, product page and descriptions, feedback and rating systems, and other marketing materials of the participating sellers to promote its business. AllTheBagz will never disclose the click and traffic data or other sensitive details of participating sellers’ business unless such disclosure is required to prevent any fraud or fulfill its legal obligations.

If any dispute arises in relation to your transaction with the independent sellers or other users on this website, you shall resolve all your disputes with such entities through mutual negotiations. AllTheBagz shall never be a party to your dispute with any user on this website. You shall indemnify and release AllTheBagz from all claims, liabilities, actions, proceedings, costs, and expenses that may be involved in such disputes or remedies.

Prohibited Activities

This online marketplace and related services shall be used for lawful purposes only. You shall conduct your business in good faith and never sell stolen items or use unauthorized payment instruments to purchase any listed product on this website. You shall never violate any local, state, federal or international laws or engage in any activities that constitute a criminal offense or creates any kinds of liability for AllTheBagz. The following activities, but not limited to, shall be strictly prohibited on the website/App:

  • Copying, downloading, reproducing, compiling or using any systematic or aggregation tools like spiders, robots, automatic devices, manual processes or any other technology to access, copy, retrieve or extract any information, collection, compilation, database, directory, source codes, algorithms, business methodology, or systems being used on the website to resell, redistribute, operate a similar business, or otherwise commercially exploit any content or material on this website.
  • Listing any product, creating product description, posting any information, and copying/using any accessed or downloaded content unless you are duly authorized to do so.
  • Using any tools or techniques to compromise the integrity of our feedback system for leaving positive feedback for your products and services or placing unjustifiable negative feedbacks for another seller.
  • Uploading, posting, sharing, or streaming any content that is unlawful, harmful, tortuous, libelous, abusive, harassing, threatening, defamatory, obscene, vulgar, or pornographic, or making any objectionable content available for any purpose, including but not limited to influencing other users, raising sentiments, harassing, threatening or inflicting hatred against any individual, community, ethnic group, gender or race.
  • Uploading, posting, sharing, streaming or making any content or information available that you are otherwise not authorized to share or disclose under any law or contractual relationship with other parties.
  • Uploading, posting, sharing, streaming or making any content available that violates our copyright and trademarks, or infringes upon any patent, trade secret, or other proprietary rights of the collaborating partners, participating sellers, or other third parties.
  • Sharing, streaming or promoting any content that carries harmful viruses, or using any known or unknown technology to hack, crawl, gather or modify user data or gain access to otherwise restricted areas of the marketplace, or doing anything that affects the normal functioning of this website or the Services.
  • Sharing slanderous or defamatory content with or without any intentions of influencing others, raising emotions, threatening or harassing anybody, or acting in a manner that is libelous, defamatory or amounts to an infringement of someone’s right to privacy or publicity.
  • Impersonating others, misrepresenting affiliation to any person or business entity, providing false, misleading or deceptive information, or doing anything that amounts to fraud, illegal, suspicious unauthorized activity or intended to exploit the minors in any manner.
  • Stalking people or gathering personal details of other users and/or sharing their information with others without proper authorization.
  • Sending unsolicited messages and emails or spamming others with marketing messages, unethical/illegal statements, testimonials, or information.
  • Offering products/content that has been banned or supporting an event, issue or activity that have been prohibited by local, state, national or international laws.
  • Forging headers, manipulating identifiers or using any tools and techniques to disguise the origin of any material transmitted to or through the website or engaging in any activity that tarnishes our reputation or hampers/interferes with others right to use the Services.
  • Increasing load on our infrastructure, launching a denial of service attack, or using any known or unknown technology to disobey our requirements, procedures, and policies of network regulations, or engaging in activities like probing, scanning, or testing the vulnerability of any system or network to breach or circumvent any security or authentication measures and disrupt our services and/or interfere with our network in violation of our policies and procedures. You are not allowed to do anything that undermines the integrity of any computer systems or networks (whether ours or other users) or gain unauthorized access to such systems or network.
  • Gaining unauthorized access to otherwise restricted areas, security features, and services or doing anything that amounts to modifying, reformatting, reconstructing, recompiling, reproducing, republishing, transferring or redistributing our database, applications, and services or any other content that may be required for creating a derivative work. 

User-Generated Content

When you post, publish, share, or otherwise transmit your personal/business profile, product descriptions, offers, and related views, reviews, comments, feedback, suggestions, recommendations or information (collectively user-generated content), it shall be deemed that the user-generated content is genuinely true to your knowledge and you have all the rights over such content. All product listings and related content being published by independent sellers/subscribers on this website shall be deemed as user-generated content. 

AllTheBagz shall be entitled to a non-exclusive, perpetual, irrevocable, worldwide, royalty-free and sub-licensable right over the user-generated content on its blogs, forums, social media or other publicly accessible areas on this website. We reserve a right to adapt, modify, translate, duplicate, reproduce, create derivative works, display, publish, transmit, distribute, share with collaborating partners, and/or use such user-generated content in any media or manner for marketing, advertising, or promoting our business. You shall ensure that you have all the rights and authority to grant this license.

All your submitted questions, concerns, comments, ideas, suggestions, feedback related to the services being offered on this website (collectively Feedback) shall be deemed as non-confidential data that can be used or disseminated in any form or manner for commercial or non-commercial purposes. AllTheBagz shall have no obligation to ask your permission, send prior notice, or pay any compensation for using such feedback.

AllTheBagz shall never be liable to you or any third party for the user-generated content, regardless of its fraudulent, misleading, inaccurate, untrue, defamatory, offensive or inappropriate nature. We reserve a right to refuse, edit, or completely remove any content that is unlawful, infringing, inappropriate, or inconsistent with this agreement, as determined by us, but such corrective measures will take place only when we become aware of any such violation of this agreement or infringement of third party rights. You shall be solely liable for any content that you post, publish or share on this platform.

Breaches and Remedies

If we believe or become aware that any registered user or subscriber on this website has breached any provision of this agreement, we shall take all the necessary remedial measures, including but not limited to:

  • Restriction of certain features or service until the breach is corrected.
  • Suspension/termination of such users accounts until the breach is corrected.
  • The removal of any product listing and related information, specifications, descriptions, and content submitted by such subscribers or restriction on the number of such product listings, descriptions, or user submissions until the breach is corrected.
  • Any other restrictions to limit such users/subscribers ability to access or use any feature/service being offered or made available on this website.
  • Any other corrective measure, disciplinary or remedial action, or penalty imposed by AllTheBagz in its sole discretion. 

Without limiting any material breach described in this agreement, the following conditions or circumstances shall be deemed as a breach of this agreement by a registered/subscribed user:

  • AllTheBagz believes or becomes aware, whether upon a complaint by other users or otherwise, that any subscriber has willingly or materially failed to deliver or perform its services, including but not limited to any failure to deliver the purchased products or delivered products that materially fail to meet the product or service descriptions on this website or other terms and conditions outlined in their contract with the respective buyer.
  • AllTheBagz believes or becomes aware that stolen credit cards or unauthorized payment instruments have been used by any registered user to make a transaction on this website.
  • AllTheBagz believes or becomes aware that fabricated identity or misleading information has been used by any user to register or subscribe on this platform or the submitted information is false, inaccurate, incomplete, or otherwise inappropriate.
  • AllTheBagz believes or becomes aware that the activities of any user or subscriber on this website may cause financial loss or lead to any kinds of liability to us, our collaborating partners, or other users on the website.

AllTheBagz reserves a right to engage law enforcement agencies, governmental authorities, private investigators, and/or affected third parties, and disclose any information, personal identity, records, communications, or other content to such investigators, whether in compliance with applicable laws, subpoena, court orders, or in its sole discretion. AllTheBagz shall not be liable for any damages, claims or liabilities that may arise due to such disclosure.

If AllTheBagz believes or becomes aware that you are involved in dishonest/fraudulent activities or otherwise breached any provisions of this agreement, it may publish the factual details of such activities or breach on this website and share this information with the collaborating partners, participating sellers, and other third parties in its sole discretion. The collaborating partners and independent sellers on this platform shall be entitled to initiate their own remedial measures which may include a suspension, termination, or restrictions on such users as per their own terms and conditions.

If AllTheBagz receives notice from the collaborating partners or participating sellers regarding any breach of their agreement or undertaking by the users on this website and such breaches involve dishonest/fraudulent activities or reasonably suspected to involve any breach of this agreement, AllTheBagz may suspend, terminate or impose restrictions on such users in its reasonable discretion. AllTheBagz reserves a right to publish factual records of such breaches on this website without any obligation to investigate the breach or seek confirmation from such users or subscribers.

Indemnification

You shall indemnify AllTheBagz, its collaborating partners, subsidiaries, and each of their directors, executives, employees, assignees, licensees, suppliers, affiliates, and agents, holding them harmless against all damages, losses, liabilities, claims, demands, actions, causes of actions, costs, or expenses, including the administrative or legal expenses that may arise from:

  • Your access to the marketplace or use of any service being offered on this website.
  • Your violation of this agreement, including the warranties, conditions, obligations, covenants, responsibilities or representations that have been mentioned in this agreement.
  • Your infringements of third party rights, including their copyrights, intellectual property, and the right of privacy or publicity.
  • Your product listings, postings, comments, or submissions on this website, including but not limited to defamatory, offensive, or illegal product, service, material or content.
  • Your acts and omissions or any other matter in relation to products being listed or made available on the website.
  • Your business or merchandise relationship with other sellers, buyers, or users on this marketplace.

These indemnities shall survive any termination of this agreement. AllTheBagz reserves a right to assume the exclusive defense of any subject matter under your indemnification and demand full reimbursement of expenses that may be incurred in asserting available defenses against the claims or rectifying the damages.

Disclaimer of Warranties

AllTheBagz disclaims all warranties and conditions to the maximum extent permissible under the applicable laws. The products, services, subscriptions, and related descriptions, specifications, and content is being provided on As-Is and As-available basis. You shall use the marketplace at your sole discretion and bear all the risks that may be involved in using this platform.

Nothing on this website or communications with the support staff, whether oral or written, shall create any kinds of express or implied warranties or representations regarding the availability, quality, reliability, durability, authenticity, merchantability, performance or flawless working, fitness for particular purpose, or suitability of products, services, or subscriptions as per your preferences, requirements and/or expectations.

Nothing on this platform shall create any kinds of express or implied warranty or representations regarding the accuracy, authenticity, relevancy, reliability, availability, validity, correctness, or completeness of any business profile, product description, specifications, demonstrations, documentation, or other content related to import, export, manufacturing, distribution, promotional offer, display, sale, purchase or use of products or services being listed on the marketplace. We don’t claim that the listed products, services, subscriptions, and related prices, information or other content on this website will be free from errors, infringements, interruptions, or harmful viruses, and all such occurrences will be restored immediately or promptly.

We hereby disclaim all such warranties and representations that may arise in relation to your purchase or use of any product, service, or subscription being offered on this website. AllTheBagz shall never be a party to your social or business relationship with the independent sellers or other users on the marketplace. Featuring third party logos, trademarks, service marks, or content shall never be deemed as our endorsement or recommendation for their products, services, or content.

Limitation of Liabilities

AllTheBagz shall not be liable for any direct, indirect, incidental, consequential, punitive or special damages, including the loss of profits, cost savings, business opportunity, credibility, goodwill, and peace of mind or other intangible damages that may arise in relation to (1) your ability or inability to use this marketplace or any other service being offered or made available on this website, (2) your purchase of any product, service, or subscription being offered or made available on this website, (3) escalated cost of buying any substitute product, service, or subscription being offered or made available on this website, (4) any kinds of allergy, health issue, or damages to person or property that may arise due to defects in products, or any information, description, or sample being offered or made available through this platform, (5) unauthorized access to your account, personal identity, or information stored on our website/servers, (6) activities or statements of other users, independent sellers, or other third parties, including the violation of third party rights in relation to manufacturing, import, export, distribution, offer, display, sale, purchase and/or use of products being listed on the website or claims by the participating sellers that they are entitled to any kind of indemnification regarding assertions of rights, demands or claims by third party claimants, (7) any other matter related to your access to this marketplace or purchase of any product or subscription being offered on this website, irrespective of the fact that such liabilities occur due to any negligence of duty, breach of contract or statutory responsibilities, delays in operation or shipping, torts, misrepresentations, mistakes, errors and omissions, unauthorized access, deletion of files or data, interruptions, or non-performance by AllTheBagz or otherwise, and the possibility of such liabilities were already conveyed to it.

These limitations, including the exclusion of consequential and punitive damages, shall apply to the maximum extent permissible in your jurisdiction. Notwithstanding any of the foregoing provisions, the total liability of AllTheBagz, including the liabilities from non-performance, misrepresentation, tort, breach of contract, negligence of statutory duty, restitution or otherwise, shall never exceed the total amount that you paid for purchasing any product or service being offered on this website or the maximum amount permitted under the applicable laws, whichever is less.

All claims for liabilities shall be made within one year from the cause of action or such period as determined by the applicable law governing this agreement, failing which you shall lose your right to claim any damages and it shall be your responsibility to prove the actual damages for receiving any refund or compensation, whatsoever.

Third party links

The listed products may contain links to the social media or landing pages of the respective sellers. The online marketplace may also contain advertisements and links to third party websites, services, and content. We include such links to help you make well-informed buying decisions regarding the products being listed on this website. However, we don’t monitor or control such third parties. Please apply your prudence before buying any product or relying on any information/content being featured on linked websites.

We are not endorsing, recommending, or renouncing any product, service, content, and/or related views, reviews, product specifications, or other information being featured on this platform or any third party websites. AllTheBagz shall not be liable for any loss, damages, claims or liabilities that may arise in relation to your access to third-party websites, purchase of listed products by independent sellers, use of third party products/services, or reliance on any information being featured on such websites.

Notices

All declarations, communications, notices, or claims between the parties shall preferably take place through electronic form/media. All electronic communications between the parties, including but not limited to emails, shall be deemed as written communication for the purpose of this agreement.

The addresses mentioned in your personal or business profile, product or service description pages, or the official website shall be deemed as your authentic communication address. It shall be your responsibility to keep your communication address updated. If you fail to update any change in your address, the last known correspondence by courier, certified mail, email, or facsimile shall be deemed as your official communication address. Please browse the Contact Us Page on this website to reach us.

All communications, notices, or claims shall be deemed as served/received when:

  • AllTheBagz publishes a notification on any page of this website that you can access without any requirements to pay for it.
  • The parties can prove that such communications, notices, or claims were dispatched at the official communication address of the other party. 

Applicable Laws

This agreement shall be governed and construed according to laws of the State of United States. The parties to this agreement shall submit to the non-exclusive jurisdiction of the U.S. courts.

Severability

If any provision of this agreement is declared void or becomes unenforceable due to the changes in the applicable laws or otherwise, the affected clause/section shall be severed and the remaining agreement shall continue in full force and legal sanctity.

Miscellaneous

These terms and conditions shall be part of your entire agreement with AllTheBagz, including but not limited to additional agreements, end-user licenses, or other policies that you may enter with AllTheBagz. Please acknowledge that products, services, information, or content being offered by third-party sellers or independent business entities are to additional agreements with the respective third parties.

The parties to this agreement shall never create, enter or assume any obligation or binding agreement on behalf of the other party. The buyers, sellers, and other third parties on this platform shall be deemed as independent entities. Nothing on this website shall create any kind of partnership, joint venture, principal-agent, distributor-franchise, or employer-employee relationship between AllTheBagz and such independent entities.

If AllTheBagz is unable to enforce this agreement or ignores any non-compliance under specific conditions or circumstances, it shall never be deemed as a waiver of its rights with regard to your subsequent violations or non-performance under this agreement.

AllTheBagz reserves a right to assign or sub-license its rights, benefits, titles, interests, duties, and/or obligations to any third party that it deems necessary to provide the Services being offered on this website. However, you shall have no such rights to reassign or transfer your rights and obligations to any third party unless you have obtained a prior written consent from AllTheBagz. 

The heading and paragraphs of this agreement shall be used for convenience only, and should not be used for interpreting any provisions or deemed as part of this agreement.

A printed version of this agreement or related electronic notices or communications shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents or records that are originally generated and maintained in printed form.

Changes to this Agreement

AllTheBagz shall be entitled to modify or replace this agreement in its sole discretion. However, if this agreement is substantially modified to reflect any changes in business or the applicable laws, we will publish an update on this page and send a notification at your primary email address registered with us. Please regularly visit this Page to stay updated.

We will provide a reasonable notification period before the modified agreement become effective unless immediate changes are required due to our business or legal obligations.   

Once notified and effective, the modified agreement shall replace and supersede all previous versions of agreements with AllTheBagz. Continued access to the marketplace or use of the Services shall be deemed as your consent to accept the latest version of this agreement.

Contact Us

If you need further explanations or have any questions regarding this agreement, please contact our support team at info@allthebagz.com or reach us at: 929.529.7428

AllTheBagz, LLC

16192 Coastal Hwy, Lewes, DE 19948

 

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