Terms of Service

Please read this agreement carefully before you submit an order to us. By purchasing through our Site, you understand and agree to these Terms of Service and recognize that you may be waving certain rights. If you have any questions about our Terms of Service, please contact info@izelnewyork.com.

OVERVIEW

The (“Site”) https://www.izelnewyork.com is operated by NEW LUXURY GROUP, LLC. Throughout the Site, the terms “we,” “us” and “our” refer to (“New Luxury Group, LLC” or “Izel”).

By visiting our Site and/or making a purchase from us, you engage in our “Service” and agree to the following terms and conditions (“Terms of Service,” “Terms”). These Terms of Service apply to all users of the Site, including but not limited to users of browsers, vendors, customers, merchants, and/or content contributors. These sites will provide web features to anyone accessing the Site ("you," "your," and "yours") subject to the following conditions.

Any new features or tools added to the Site after the publication of these Terms shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. Please check this page for changes before re-accessing or re-using the Site.

ONLINE STORE TERMS

Shopify Inc provides us with an online e-commerce platform that enables us to sell our products and services to you. By agreeing to these Terms of Service, you may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction (including, without limitation, copyright laws). In accessing or using our Site, you must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

ORDERS

Certain products or services may only be available online through the Site. Product images on our Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your products may differ slightly from these images. Therefore, Izel is not liable for any errors or inaccuracies in the photographic or graphic representations of Izel’s products displayed on the Site.

Orders are for personal use only and do not include any commercial use. Izel reserves the right to cancel any order if you violate these Terms of Service or engage in fraudulent activity. Izel reserves the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on the Site is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason at our sole discretion. If we do not process your order for these reasons, we will not charge you with the same payment method as the original purchase.

It is your responsibility to verify the accuracy of the information displayed in your shopping bag before confirming your order. Once received, the order will be processed, and you may not change or cancel it, except as expressly outlined in these Terms of Service or as required by applicable law.

MADE TO ORDER ITEMS

Most products on the Site may only be available for pre-order. Pre-orders include the same processes and conditions applicable to standard orders. If you pre-order several products with different delivery dates, the entire order will ship as soon as all products are ready for shipment unless requested by the customer via email. Izel will process the purchase transaction by immediately debiting the amount from your chosen payment method and send you a receipt confirmation for your order. As soon as your pre-order product is ready to ship, you will receive an email confirming the shipment details.

READY TO SHIP ITEMS

Izel reserves the right to change the assortment of items sold or advertised on the Site from time to time without notice to customers. Izel is not responsible if any product is out of stock or unavailable. It is not guaranteed that any product advertised or offered for sale on the Site will be available when ordered. In the circumstance that any product you select becomes unavailable after we send an Order Confirmation of the order, we will inform you by email as soon as possible. In this case, you will have the option to cancel your order or receive a full refund.

DISCLAIMER OF LIABILITY

Izel reserves the right to refuse sales or cancel orders placed by a customer in violation of the Site’s terms or as otherwise determined by Izel. Credit card information is securely encrypted during transmission over the network. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided.

PRICING

Izel reserves the right to amend pricing at any time without prior notice to you. Prices for our products are subject to change without notice. We shall not be liable to you or any third-party for any modification and price change. The prices of Izel products are in U.S. dollars, excluding taxes and shipping costs. Izel charges state and local sales tax as required by applicable law.

PAYMENT PROCESSING

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our Site or Services may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, product shipping, delivery, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). Except as required by law, we undertake no obligation to update, modify or clarify the information on the Services or any related Site, including but not limited to pricing information.

TRADEMARKS AND COPYRIGHTS

All content contained on our Site, such as text, graphics, images, data compilations, and software, is the property of Izel and/or its affiliates or its content suppliers and is protected by U.S. and international copyright protection laws. Izel owns, or has a valid right from a third-party to use, all copyrights for all material on the Site(s) and all trademarks, service marks, word logo, icon logo, and domain names used on or in connection with the Site(s). Displayed on the Site(s) are registered and unregistered trademarks of Izel and/or others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. You do not receive, by implication or otherwise, any license or right to use any trademark displayed on the Site(s) without the prior written permission of Izel or the applicable rights holder.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES

The Site(s), including, without limitation, all services, content, functions, and materials, is provided "as is" and "as available," without the warranty or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions for information, data, data processing services, uptime, or uninterrupted access, any warranties or conditions for the availability, accuracy, usefulness, or content of information, and any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose, and we hereby disclaim all such warranties and conditions, express and implied, to the maximum extent permitted by applicable law.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Izel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to refunds or replacements.

INDEMNITY

You agree to defend, indemnify, and hold Izel, our subsidiaries, affiliates, and related companies, as well as our members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, assistants, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Izel reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with Izel’s defense of such claim. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This provision does not require you to indemnify Izel for any unconscionable commercial practice by Izel or Izel’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Sites or any services provided hereunder.

SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such remaining provisions shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Site. We have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following sections of these Terms of Service do not apply to you: (a) Indemnity; (b) Disclaimer of Liability, and (c) Disclaimer of Warranties. According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other terms of this Agreement are found to violate established legal rights.