TERMS OF SERVICE AGREEMENT

Disclaimer for Valuence International USA Limited (dba AlluUsa).
If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at Contact@AlluUsa.com.

Disclaimers for AlluUsa

All the information on this website - www.AlluUsa.com - is published in good faith and for general information purpose only. AlluUsa does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (AlluUsa), is strictly at your own risk. AlluUsa will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.

Consent
By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

Valuence International USA Limited (”Valuence") offers services (the "Services”) through which a user (“you” or “your”) can purchase certain luxury items (the "Product(s)") from Valuence. You hereby agree to abide by the following terms and conditions (the “Terms”) in order to use the Services and/or Valuence’s Website (the “Website” or “ALLU”).

About These Terms 

These Terms govern any purchase made through ALLU. These Terms, the terms of Valuence’s privacy disclosures, which are expressly incorporated herein, and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Valuence (the "Agreement"). PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHTS TO BE HEARD IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY. 

User Eligibility 

You are not permitted to access the Service or the Website if you are under the age of 18 or if your account has been suspended or removed by Valuence for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Valuence account to another party.  

Acceptance and Modification 

You acknowledge that this Agreement is in electronic form and has the same effect as an agreement in writing. In this Agreement, the term "Valuence International USA," "Valuence," "we," "us" or "our" means Valuence and its affiliates and subsidiaries. By using the Website, registering as a Valuence user, or purchasing from us, you hereby agree to the Terms. Valuence reserves the right to make changes to the Services, Site, related policies and agreements (collectively the "TOS"), these Terms and the Privacy Policy at any time. If Valuence makes a material modification to these TOS, it will notify you displaying a prominent announcement above the text of these Terms or the Privacy Policy, as appropriate, for thirty (30) days, with this conspicuous posting being deemed sufficient notification, of such changes. After notice of a modification to the Terms or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.  

Termination 

Valuence reserves the right to refuse to provide the Services and/or terminate your account in its sole discretion for any reason or no reason.  

Requirements 

In order to complete the purchase of Products through Valuence or to complete any other transaction with Valuence, you must: (i) provide true, up -to -date and accurate account information about yourself; (ii) comply with all terms and conditions of this Agreement; (iii) comply with all applicable laws and regulations; and (iv) have the legal capacity to enter into agreements. In order to complete the purchase of Products, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address (excluding P.O.Boxes) at which you are able to receive the Products, your first and last name, and valid credit card or other payment information. Valuence shall not be responsible for communication errors should your contact information be inaccurate. You are responsible for ensuring that you can receive emails from Valuence, and Valuence is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up -to -date information about yourself, we will not be responsible for any Products sent to a wrong address. You understand that you are not permitted to access the Services or the Website if you are under the age of eighteen (18) or if your account has been suspended or removed by Valuence for any reason. You are prohibited from selling, trading, or otherwise transferring your account on the Website to another party for any reason.  

Electronic Notices and Transactions 

You agree to transact with us electronically, including agreeing to terms and conditions or to purchase the Products by electronic means. You authorize Valuence to provide you with terms and important notices about Valuence and your transactions to an email address you provide to us. It is your duty to keep your email address accurate and up-to-date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You may contact Valuence.

Consent to SMS and Other Electronic Marketing Communications
Please read these terms and conditions carefully. By utilizing the Services, you agree and consent to the receipt of automated marketing communications by text message (to the cell phone that you provide during registration), WhatsApp, and Messenger. Such messages are intended to provide you with information about orders and Valuence’s goods and services. This agreement is not a condition for your use of the Services. You may opt out of marketing communications at any time as set forth in the Privacy Policy. Message and data rates may apply to each text message sent or received in connection with Valuence text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Valuence does not impose a separate fee for sending Valuence text messages.  

Use of Services 

By using the Website, you agree not to: (i) access any of the Services by any means (including by use of scripts, web crawlers or similar methods) other than through the user interface provided by Valuence; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Website.   

Condition of Products

While all items go through a detailed authentication process by our skilled team, the Products are pre-owned and may have natural wear and tear.  Detailed conditions of each Product are specified in the description and images on the individual product page of such Product. Please carefully review the description and images because the Products are sold in “as-is” condition.  We do not guarantee that product descriptions, titles, attributes, specifications, price or other content or any other information related to the Product(s) are accurate, complete, reliable, current, or error-free.

If you are uncertain about your Product’s condition, please seek assistance by contacting Valuence’s customer care at  CustomerCare@AlluUSA.com.  If the items you purchased from us are determined to be not authentic by a verified authenticator, please refer to the “Authenticity” section of the Terms.

Authenticity

Every item we sell undergoes a strict in-house evaluation by our authentication experts based in United States or Japan before it is approved and listed on our Website. Authentication is part of Valuence’s DNA, and therefore, an integral part of our business process. If you purchase a Product and it is proven to not be authentic by a verified authenticator, upon return of the Product and proof of verification, we will honor a full refund issued in the original form of payment.

No Affiliation and No Warranty

Product brands that are sold by Valuence are not partnered or affiliated with Valuence in any manner. 

As Valuence is not affiliated with the manufacturer or original brand, we cannot honor any brand provided warranties.

 Accepted Payment Methods

We accept the following forms of payment: all major credit and debit cards.  

You represent and warrant that (i) the credit card or payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or financial institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

 If your payment method was declined, you may have entered your information incorrectly or there may be other issues such as passed expiration date or insufficient funds.  Please try a new payment method and contact your credit card company or financial institution for more information if you continue to experience difficulties with your payment.

Sales Tax

All prices displayed on the Website are in U.S. Dollars and exclude any taxes, shipping, or other applicable surcharges. We reserve the right to charge state and local sales tax as required by applicable law. The sales tax is calculated based on the shipping address provided at checkout.

Risk Of Loss 

Title and risk of loss pass to you upon our transfer of the Products to the carrier/delivery.  You will be responsible for any damage that may occur to the Product while in transit.  

Promotions 

From time to time, and at Valuence's sole discretion, Valuence may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of the customer's purchase, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, such as expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before completing your purchase. Once you complete your purchase, promotions cannot be applied to the same transaction. Valuence reserves the right, in its sole discretion, to cancel or refuse promotions.

Contest & Giveaways

From time to time, Valuence Inc. (dba AlluUSA) may sponsor a contest or giveaway.  US tax laws require that any winnings through contests or giveaways with a cumulative value of over $600 each year is reported as income to the IRS.  The approximate retail value (ARV) of the item will be displayed in contest or giveaway rules.  AlluUSA as a sponsor of the contest or giveaway provides the customer with a Form 1099 which needs to be completed and returned to Allu USA before the winning item can be shipped.  We also advise any winners to contact a tax specialist or accountant for any specific details.

The approximate retail value (ARV) of the item will be display in contest or giveaway rules.

Valuence’s Right to Cancel Your Order 

Valuence reserves the right to cancel any order, before or after payment is processed, for security, fraud review or any other reason.  

No Warranties 

WE PROVIDE THE SERVICES AND THE WEBSITE "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTIES. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH VALUENCE WILL MEET YOUR REQUIREMENTS.  

Limited Liability 

NEITHER VALUENCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS NOR CONTRACTORS SHALL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WITH RESPECT TO YOUR TRANSACTIONS WITH VALUENCE UNDER THIS AGREEMENT OR YOUR USE OF THE WEBSITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states, liability is limited to the fullest extent permitted by law.  

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF SERVICE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.  

 Indemnity 

You agree to indemnify, defend, and hold harmless Valuence, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including attorneys’ and experts’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. You agree to indemnify Valuence in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Valuence if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and at your expense and, in such a case, you agree to cooperate with our defense of such claim. Further, you shall not settle any claim without the prior written approval of Valuence.  

Force Majeure 

Valuence shall be excused from performing its obligations under this Agreement, to the extent it is prevented from or delayed from performing such, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God, (ii) acts of war, acts of terrorism, insurrection, riots, civil disorder or rebellion, (iii) pandemic, quarantine or embargoes, (iv) labor strikes, or (v) other causes beyond the reasonable control of Valuence.  

Trademarks 

The trademarks, logos, and service marks (the “Marks”) displayed on the Website are the property of Valuence and other parties. You are prohibited from using any Marks for any purpose including use as metatags on other pages or websites on the Internet without the written permission of Valuence or such third party that may own the Marks. Information and content including any software programs available on or through the Services or the Website (“Content”) may be protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for any purpose.  

Entire Agreement/No Waiver 

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered part of this Agreement or to be used in determining the intent of the parties to it. No waiver by Valuence of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.  

Correction of Errors and Inaccuracies 

The Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Valuence therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content without prior notice. Valuence does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.  

Applicable Law and Venue 

THIS AGREEMENT IS  GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN A STATE OR FEDERAL COURT LOCATED IN NEW YORK CITY, NEW YORK, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.  

Dispute Resolution  

Agreement to Arbitrate. You and Valuence (for purposes of this section, “the parties”) agree that any claim or controversy that may arise between you and Valuence relating in any way to your use of the publicly available portions of the Website will be determined by binding arbitration conducted under the auspices of JAMS pursuant to its Arbitration Rules and Procedures. This arbitration agreement includes any controversy involving the performance, construction, or breach of these Terms and Conditions, except any controversy or claim (i) relating to your obligation to indemnify Valuence; or (ii) properly filed and pursued in small claims court on an individual basis, any claim, dispute, or controversy between you and Valuence. You and Valuence agree that the arbitration shall apply the substantive law of New York to all state law claims, that limited discovery shall be conducted in accordance with JAMS’s Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with JAMS’s Arbitration Rules and Procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law, or other written explanations of the reasons for the award. You understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. You acknowledge that you are waiving your right to a jury trial. Judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction and the parties hereto and their respective representatives hereby submit to the jurisdiction of any such court for the purpose of such arbitration and the entering of such judgment.  

Any award of the arbitrator or a majority of the arbitrators will be final and binding, and judgment on such award may be entered in any court having jurisdiction. This arbitration provision will be enforced and interpreted exclusively in accordance with applicable federal laws of the United States, including the Federal Arbitration Act. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.  

You agree to the following additional provisions regardless of your place of residence at the time a Controversy arises:  

  • You agree that any arbitration hearing will be held in New York, New York; 
  • You agree to the personal jurisdiction of the courts located in the State of New York, United States, to interpret and enforce the arbitration provisions described in these Terms and Conditions; and
  • All arbitrations will be held in the English language, unless otherwise agreed to by the parties. 

 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Website must be filed within one year after such claim or cause of action arose or be forever barred.  

 You agree that this agreement to arbitrate shall be binding on you, your heirs, administrators, representatives, executors, successors and assigns.  

Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the dispute between Valuence and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against Valuence only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  

Survival Of Terms After Agreement Ends

Any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.  

Accessibility Policy 

Valuence seeks to lower the technical barriers to accessibility on our website for persons with disabilities. We understand that individuals with varying disabilities may seek information on our website, and it is our goal to provide such individuals access to the content, features, and functionality available through our website. With the above in mind, we have taken a number of steps to make our website accessible. In addition, through regular testing of our website, we will continue to implement commercially reasonable changes to improve accessibility to our website content, features and functionality. If you are unable to access any website content, feature or functionality, please email us at  CustomerCare@AlluUSA.com. We will make reasonable efforts to address the problem, which may include providing you with an alternative method(s) for obtaining the applicable website content and/or fulfilling your request. 

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email at CustomerCare@AlluUSA.com