Last Updated: March 01, 2025

BY VISITING, USING, OR ATTEMPTING TO INTERACT WITH OteliaTate.com, ANY AFFILIATE WEBSITE, PLATFORM, OR SUBDOMAIN TO WHICH YOU ARE REDIRECTED FROM OteliaTate.com,  OR ANY CONTENT, FUNCTIONALITY, AND SERVICES OFFERED ON OR THROUGH OteliaTate.com (COLLECTIVELY, THIS “SITE”) OR ANY SOCIAL MEDIA SITE ACCOUNT OWNED OR OPERATED BY LUX LEVERLER LLC D/B/A OTELIA TATE AND RELATED TO THE SERVICES (AS DEFINED BELOW), YOU ARE CONSENTING TO THESE WEBSITE TERMS OF USE AND OUR PRIVACY POLICY.

OVERVIEW

This User Agreement (this “Agreement”) is a legally binding agreement between you ("Customer", "you", "your") and Lux Leveler LLC, doing business as Otelia Tate ("we", "us", "our", "Otelia Tate", “Lux Leveler”) and governs your access to, use of, or attempted interaction with our website located at OteliaTate.com (and any successor site to OteliaTate.com) (the “Site”) and all Otelia Tate services and sales of Products (as defined below) (collectively, the “Services”). Please review the terms of this Agreement carefully. By accessing, using, or attempting to interact with the Site or placing an order, selling a good, or using any of our Services, you acknowledge that you have read and understood the terms of this Agreement, agree to be bound by the terms of this Agreement (any modifications made this Agreement from time to time) and represent to us that you are legally competent to enter into and agree to the terms of this Agreement. If you do not agree to accept the terms of this Agreement, then you are not authorized to use our Services and you must immediately discontinue use of our Services.

AS DISCUSSED FURTHER BELOW, EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN THE ARBITRATION LANGUAGE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.

Please reach out to us at customercare@oteliatate.com if you require additional information or would like to eliminate your account. Any use of our Site at any time constitutes full acceptance of our User Agreement.

1. Overview of Services

Otelia Tate provides an online platform that allows its customers to sell, buy and rent for a specified period ("Rental Period") pre-owned luxury handbags ("Products"). Otelia Tate is an independent company and is not affiliated with, endorsed by, or officially connected to any of the designer brands or designers featured on our Site. The inclusion of Products on our Site is strictly for identification purposes and does not imply any endorsement or affiliation.

2. Registration and Account Creation

Registration Requirement: To rent from Otelia Tate, you must first register for an account (“Account”) on our Site, select a password and username (your “Otelia Tate Username”), and provide us with certain information or data, such as your contact information. You agree to provide us with accurate, complete, and current information about yourself during registration and to maintain and properly update such information as necessary to keep it accurate, complete, and current. You may not select as your Otelia Tate Username a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any Otelia Tate Username, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written consent. 

Eligibility: By registering for an Account, you represent that you are at least 18 years old, reside within the United States, and possess a valid U.S. payment method.

Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including, but not limited to, your password. You are solely responsible responsibility for all activities related to your Account. If you suspect or become aware of any unauthorized access or use of your Account, you shall immediately notify Otelia Tate. In order to provide you with ease of access to your Account, we may, but are not required to, place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

Limit or Restrict Access to Account: We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of the terms of this Agreement.

Suspension or Termination of Account: Otelia Tate reserves the right to suspend or terminate your Account for any reason and at any time, including, but not limited to your provision of any information that is inaccurate, incomplete, or not current, if we have reasonable grounds to suspect any of your information is inaccurate, misleading, incomplete, or not current, unauthorized access or use of your Account.

Personal Use Only: You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by the terms of this Agreement or any additional terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of the terms of this Agreement, any additional terms, or applicable law.

Privacy: Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into this Agreement. To learn more about our privacy practices, please read our Privacy Policy which is available at www.oteliatate.com/privacypolicy. Please review our Privacy Policy carefully.

3. Rental Process

Placing a Rental Order: Customers can browse our catalog and place rental orders through the Site. All orders are subject to availability, and Otelia Tate reserves the right to accept or decline any rental order at our sole discretion. 

Payment: By placing a rental order, you authorize Otelia Tate to charge your payment card or other payment instrument all rental fees then in effect for your rental order, including, but not limited to, applicable taxes, shipping, and insurance and all such rental fees are payable upon rental order confirmation. Payments submitted in connection with a rental order must be made by major credit card, debit card and other approved methods when such approved methods specified on the website. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processors. Otelia Tate does not directly access, handle, or store your credit or debit card information. To submit payment for a rental order, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment.

Credit/Background Check: By purchasing a rental with Otelia Tate, you are providing your consent for Otelia Tate, under the Fair Credit Reporting Act, to obtain information from your personal credit profile, background data, and other information from a global information services company that provides credit services, fraud and identity theft protection, and other services for consumers and businesses. You authorize Otelia Tate to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name, to determine your financial stability, show your history of debt repayment and how much debt you have currently. Otelia Tate reserves the right to perform these checks at first order (when this is typically done), alongside any other time an order is placed. Otelia Tate will confirm the order and proceed to send the handbag only after you have cleared our credit check process. We aim to provide approval or denial within 72 hours of your credit check submission. If for some reason your credit check does not clear, we will issue a refund of your payment immediately and your financial institution should provide you with your funds within 1-2 weeks.

Order Confirmation: Once your payment is successfully processed and your credit check is submitted and cleared, you will receive an order confirmation email detailing your rental, including your chosen delivery date and Rental Period. Delivery time for Products you have selected to rent may vary based upon (i) inventory availability, (ii) your delivery address, (iii) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Otelia Tate makes no guarantees as to actual delivery time.

Delivery: Handbags are shipped to the address provided during the order process. The risk of loss for Products shipped passes to you upon delivery by the applicable shipping service. All confirmed deliveries are the sole responsibility of the renter and you will be charged rental fees until the item is returned to us at the end of the Rental Period.

Return Process: Rented Products must be returned using the provided return packing and pre-paid shipping label, ensuring it is postmarked by the end of the Rental Period. When you return the package to the specified mail carrier, please request a receipt. If the package is lost while in the possession of the mail carrier, Otelia Tate will need the receipt. If the original packaging or label is lost, you must contact Otelia Tate to arrange for alternative packaging. Late returns are a violation of the terms of this Agreement, and we reserve to right to suspend or terminate your Account, charge your payment method  additional charges, and/or take other legal action. A return is considered late if a Product is not returned within 7 days after the end of the Rental Period. Otelia Tate reserves the right to charge your payment method for the full MSRP Value of the Product. Continued failure to return the Product may result in legal action.

No Early Returns or Partial Refunds: Rental Fees are non-refundable if you return the rented Product early. The full Rental Fee for the agreed Rental Period is nonrefundable.

Order Cancellation: Otelia Tate reserves the right to cancel any order for a rental Product at any time prior to delivery to the Customer. In the event an order for a rental Product is canceled by Otelia Tate, the funds authorized or charged will be released by Otelia Tate within 3-5 business days. The exact date that you will receive your refund is dependent on the rules & standards of your financial institution and may extend beyond that period by 1-2 weeks.

4. Buy/Purchase Product Process

Buy/Purchase: Customer can buy a Product for purchase. Items are preowned and typically considerably lower than retail prices.

Limited Refunds on Buy Out: Products are offered used in an “AS IS” good condition with some wear and tear that is reflected in prices offered below retail value. There are typically no returns offered on Product purchases; however, we encourage customers to inspect the condition of their Products and to reach out to us at customercare@oteliatate.com if there are any serious issues. For purchased items, a security tag will be attached to the product. We ask that you leave the security tag on for refund eligibility.

Any issues or discrepancies must be reported to Otelia Tate within 5 days of Customer’s receipt of Product, if you are interested in a refund. Serious issues (such as large variations between products described vs. received, and legitimate authenticity concerns) will almost certainly result in a full refund, delivered swiftly after return of the item and item/issue verification. We take the aforementioned issues extremely seriously and value your happiness with our services & products, as customers. If we find any product sent to you to be inauthentic upon secondary inspection, we will remove the product from our consignment inventory and investigate the sourcing, after your concern is reported to us. Your trust in our business is of the utmost importance to us.

In the event a refund is issued by Otelia Tate, the funds authorized or charged will be released by Otelia Tate within 3-5 business days. The exact date that you will receive your refund is dependent on the rules & standards of your financial institution, and may extend beyond that period by 1-2 weeks.

5. Product Consignment Process

Inquiry Submission: Customers that are prospective sellers may complete the ‘Sell With Us’ inquiry form and we will promptly reach out if your Product is of interest. If the Product is of interest, which Otelia Tate determines in its sole discretion, Otelia Tate will provide a conditional offer, to be confirmed or adjusted after Product inspection.

Product Inspection: Customers will ship the Product to us at our cost (as long as the Product is authentic) and we will put the Product through a process of condition examination and authentication before a final offer is given to Customer. We aim to provide an updated offer within 3 business days of our receipt of Product.

Consignment: We seek to reach the highest sold price for your Product, with consideration for the Product’s condition and market demand, amongst other factors. We will send our consignment offer to you and, if you accept, we will send over a consignment contract to you and take possession of the Product. If the offer is not to your contentment, we will return the Product, at our expense as long as the Product is authentic. All offers by Otelia Tate automatically expire 7 days following the date that they were issued, unless otherwise indicated in writing by Otelia Tate.

You can expect commission to be anywhere between 70% and 90% of the product’s sold price, depending on the item and special promotions, which will be clarified in your contract.

Moreover, you will also have the option to rent out your handbag with the Otelia Tate until your handbag is sold, for additional commission. Additional commission, from rental of the handbag, can range from 20% to 30% of the net rental revenue. Commission on rentals is a bit lower due to the economics of renting (continuous authentication, insurance, 2-way shipping, etc.).

Handling of Inauthentic Products: While we cover the cost of authentication and shipping if the Product is authentic, whether or not you accept our final offer, we do charge a fee of $75 to compensate for time & shipping if the handbag is found to be inauthentic.

6. Indemnification

You agree to indemnify, defend, and hold Otelia Tate and its affiliates, directors, officers, employees, and agents harmless from any claims, liabilities, damages, and expenses (including attorney fees) arising out of your use of our services, violation of these Terms, or violation of any rights of a third party.

7. Rental Fees

Rental Fees: The Rental Fee ("Rental Fee") is determined by the selected Rental Period and the Product rented. Shipping and applicable taxes may be added.

 

Late Fees: If the Product is not returned at the end of the Rental Period, you agree to pay a late fee of $40 per day until the Product is returned. Otelia Tate reserves the right to charge up to the full retail price ("MSRP Value") of the Product if it is not returned by the specified ship/return date. For the avoidance of doubt, the daily Rental Fee will continue to accrue in addition to the accrual of late fees until the Product is returned.

8. Rental Product Condition, Care, and Use

Care Obligations: Customers agree to handle all rented Products with reasonable care and to avoid excessive or abusive damage (exceeding normal wear and tear), loss, or destruction to the rented Products for any reason, including, but not limited to, theft, disappearance, fire, major stains, or any other reason. Products should be returned in the same condition as received, including all accessories and packaging.

Product Risks: We prioritize the health and safety of our Customers and therefore, we sanitize, inspect and authenticate every Product we send to you. Notwithstanding the preceding sentence, use of any Product is at your own risk and Otelia Tate shall not be held liable for any potential risks, or health or safety complaints associated with your use of the Products.

Cleaning and Normal Wear: Otelia Tate professionally cleans all Products between rentals. However, Customers are responsible for any damage beyond normal wear and tear, including stains, scratches, and tears. Determination of normal wear and tear is at Otelia Tate’s sole discretion. Excessive staining or odors may result in a cleaning fee of $75.

Damage and Loss: If you return a rented Product with excessive or abusive damage (exceeding normal wear and tear) as determined by Otelia Tate in its sole discretion, you agree that, in the event of excessive or abusive damage, (i) you will be responsible for a damage fee or the full MSRP Value of the Product, as determined by Otelia Tate and (ii) Otelia Tate may charge your payment method on file for either the full MSRP replacement fee or a damage fee equal to one month's rent depending on the extent of the damage. In the event of a loss by any means or theft of a rented Product, you agree that you are also responsible and therefore you will be responsible for the full retail price immediately upon written notification of the loss or theft of a rented Product. Rental fees will continue to accrue until the payment is received in full. Additionally, Otelia Tate reserves the right to close your Account at any time if we notice multiple cases of excessive damage or abuse to the Products you have rented.

Unauthorized Repairs: Do not attempt to repair any damage. Any unauthorized repairs will be deemed significant damage, and you will be charged the full MSRP value of the Product depending on the severity of the damage.

Authenticity: We do not accept, sell or condone the selling of counterfeit goods. Otelia Tate takes extensive measures to ensure the authenticity of our Products, only buying from reputable sources that guarantee authenticity and continuously authenticating Products, before and after renting. Unless noted otherwise, the brands sold by Otelia Tate are not partnered or affiliated with Otelia Tate in any manner. If you have concerns about the authenticity of your Product, please contact us with 48 hours of receipt of Product and we will work diligently with you to resolve the situation.

Differences from Product Descriptions/Images: You acknowledge that a Product may be different in-person than descriptions or images of the Product on the Site. You also acknowledge that Products may exhibit more wear-and-tear in person than shown in images on the Site and that Products may change in color or otherwise in appearance over time & use.

9. Delivery, Shipping, and Return Policy

Delivery: Products are shipped using Otelia Tate’s selected carriers and require the signature of someone that is 18 years or older upon delivery. Otelia Tate is not responsible for delays caused by shipping carriers. If a Product is lost or damaged while it is in custody of the shipping provider, you are not liable for that Product. A Product is considered to be in the custody of the shipping provider unless and until it is scanned or otherwise documented by the shipping provider to have been delivered to your address on file. A Product sent to Otelia Tate is considered to be in the custody of the shipping provider only after it is scanned or otherwise documented as having been received by the shipping provider. You acknowledge Otelia Tate does not supervise, direct, control, or monitor a courier’s provision of Services. Any interactions or disputes between you and a courier are solely between you and that courier. Otelia Tate and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier. You are required to return Products to Otelia Tate using the prepaid shipping postage & packaging we have provided you, unless we have provided express & direct permission for you to specifically do otherwise. If you attempt to return a Product using a shipping method or label that has not been approved by Otelia Tate, you are liable for the loss or damage of the Product. Given the value of the items being shipped, it is highly important for items to be secured in durable and discreet packaging. We have designed our packaging for that purpose.

Receipt of Rental or Purchased Products: You are responsible for inspecting the rented or purchased Product upon delivery to you. Any issues or discrepancies with the rented or purchased Product must be reported to Otelia Tate within 48 hours of the Product being delivered to you by Otelia Tate’s selected carrier.

Collections and Procedures for Delinquent Accounts: If your Account is delinquent for 7 or more days, then Otelia Tate shall have the right to send your overdue payment to collections. Otelia Tate may use or share with third-party collection agencies any information it has on file, particularly personal information and/or billing information, to recover any outstanding rental fees. You agree to reimburse Otelia Tate’s for its reasonable costs of collection, including, without limitation, reasonable attorneys’ fees.

10. Geographic Restrictions.

The owner of this Site is based in the State of Illinois in the United States. This Site and the Services are intended only for persons located in the United States and are not intended to subject Otelia Tate to any non-U.S. jurisdiction or law. We make no claims that this Site, the Services or any of its content is accessible or appropriate outside of the United States. You may not use the Services to sell, buy, or rent Products outside of the United States. If you access this Website from outside the United States, (i) you do so on your own initiative and are responsible for compliance with all applicable local laws, rules, and regulations and (ii) you agree and acknowledge that your information may be transferred to, stored, and processed in the United States where our Site is hosted. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

11. Disclaimers of Warranties; Limitation of Liability and Insurance

Disclaimers of Warranties. Neither Otelia Tate or its Representatives (as defined below) make any representations or warranties concerning the Services, including, without limitation regarding any content contained in or accessed through the Services or any Products, and Otelia Tate or its Representatives will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in this Agreement.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY OTELIA TATE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND OTELIA TATE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OTELIA TATE NOR ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES, OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE “REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, (II) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (III) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED ($100) U.S. DOLLARS OR (B) THE AMOUNTS PAID BY YOU TO OTELIA TATE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (IV) ANY MATTER BEYOND OUR REASONABLE CONTROL. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY OTELIA TATE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THIS AGREEMENT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OTELIA TATE AND ITS REPRESENTATIVES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND OTELIA TATE AND ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED TO THE SERVICES.

Insurance Coverage: Otelia Tate provides limited coverage for the Product while it is in your possession. This coverage does not include excessive or abusive damage (beyond normal wear and tear), loss, or destruction for any reason. You agree to be responsible for any damage beyond normal wear and tear.

12. Indemnity.

You agree to indemnify and hold Otelia Tate and its Representatives harmless from and against any and all third-party claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims, suit, action, or demand (“Claims”) relating to (i) your access to and use of the Services (including any actions taken by a third party using your Account) and any Products rented from us (including any failure to return such Products), (ii) your violation of the terms of this Agreement, or any applicable law, rules, or regulation, (iii) your infringement, misappropriation, or other violation of any third-party right, including, without limitation, any intellectual property right or publicity, confidentiality, other property, or privacy right, and (iv) any dispute or issue between you and any third party, including any courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under this section).

13. Modifications to Terms and Services

Right to Modify: Otelia Tate reserves the right to update this Agreement any time by notifying you of such changes by any reasonable means, including posted the revised terms of this Agreement on our Site. The “Last Updated” legend above indicates when the terms of this Agreement were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. We also reserve the right to correct any typographical errors, inaccuracies, or omissions without the need for notification. Your continued use of our Services, including by renting or purchasing Products from us, following any changes to the terms of this Agreement indicate your acknowledgement of such changes and constitutes acceptance to be bound by the revised terms of this Agreement. Any changes to this Agreement will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Agreement, you may no longer access or use the Services.

Service Changes: Otelia Tate may modify, suspend, or discontinue any Service or Product offering at any time without prior notice.

14. Governing Law, Jurisdiction and Venue, and Dispute Resolution

Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles which may apply the laws of another state. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN COOK COUNTY, ILLINOIS, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY OTELIA TATE TO COLLECT AMOUNTS DUE THIS AGREEMENT, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT OTELIA TATE FROM THEFT OR FRAUD. AT OTELIA TATE'S SOLE OPTION, OTELIA TATE MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE UNDER THIS AGREEMENT, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT OTELIA TATE FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED.

Arbitration Agreement: Any other controversy or disputes arising from or relating to this Agreement, the Service, the Products, or the Site will be resolved through binding arbitration in Chicago, Illinois in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cook County, Illinois, and judgment on the arbitration award may be entered into any court having jurisdiction over the arbitration award. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Illinois law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. BOTH PARTIES AGREE TO WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS.

15. Privacy and Data Protection

Data Collection: Otelia Tate collects and processes personal data in accordance with our Privacy Policy. Your data is used to manage your Account, process transactions, and provide customer support.

Consent to Communication: By using our Services, you agree to receive communications from Otelia Tate, including marketing emails. You may opt out of marketing communications at any time.

16. Intellectual Property

Ownership of Content: Content on the Otelia Tate Site, including images, text, logos, and designs, is the property of Otelia Tate. Unauthorized reproduction or use is prohibited.

Trademarks: The graphics, logos, page headers, button icons, scripts and service marks displayed on our Site are the trademark or trade dress of Otelia Tate/Lux Leveler. Any trademarks not owned by Otelia Tate/Lux Leveler that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Otelia Tate/Lux Leveler. You may not reproduce or use any materials from the Site, including, but not limited to, the materials previously listed, without our prior written consent.

17. Proposition 65 Notice to California Residents

California Proposition 65 (“Prop 65”) requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm after significant exposure. You may see Prop. 65 warnings based on information the seller has shared with us that we're passing along to you. Further information regarding California Proposition 65 may be obtained online by visiting www.p65warnings.ca.gov.

18. Miscellaneous

Brand Affiliation: Otelia Tate offers only pre-owned designer handbags for rental and sale. Otelia Tate does not hold any affiliation, association or authorized reseller status with any brands featured on this website. Registered trademarks are the property of their brand owners. Otelia Tate is not affiliated with Gucci, Prada, Louis Vuitton, Bottega Veneta, Yves Saint Laurent, Christian Dior, Celine, Goyard, Jacquemus or any featured brands. 

 

Force Majeure. Otelia Tate is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.

Entire Agreement: This Agreement, along with our Privacy Policy and any other agreements or policies referenced this Agreement, constitute the entire agreement between you and Otelia Tate and supersede all prior agreements between the parties regarding the subject matter contained in this Agreement.

Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Otelia Tate's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.

Assignment: You may not assign, delegate, or transfer any rights or obligations under this Agreement or your Account, in any way, without Otelia Tate’s prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations (in whole or in part) without your consent or notice to you.

Contact Information: For questions or concerns, please contact Otelia Tate at customercare@oteliatate.com.