US Terms of Sale

These US Terms of Sale, together with any and all other documents referred to herein, set out the terms under which we provide access to our Members to purchase unique items from brands at unprecedented levels of discount at our exclusive US sales events, and by which we sell (“Goods”) through our website, (“Our Site”). Please read these US Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these US Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these US Terms of Sale, you will not be able to order Goods through Our Site. These US Terms of Sale, as well as any and all Contracts are in the English language only.

These US Terms of Sale do not cover any Events hosted in the United Kingdom. For those Events, please see the UK Terms of Sale.

1. Definitions and Interpretation

1.1 In these US Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Club Rules” means the rules governing Membership of Showcase and conduct at the Events.

“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 6;

“Final Sales” means that due to the nature of the Goods, there is no exchange or return associated with the Goods.

“Goods” means the goods sold by Us through Our Site;

“Member” means a person who has completed Registration on Our Site and has agreed to the Club Rules, and

“Membership” shall be construed accordingly;

“Order” means your order for Goods;

“Order Confirmation” means our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“Registration” means the act of applying for Membership on Our Site;

“We/Us/Our” means Group Inc., a limited liability corporation registered under 85-3029517, whose registered address is 251 Little Falls Drive, Wilmington, New Castle County, DE 19808.

2. Information About Us

2.1 Our Site, is owned and operated by Us.

2.2 Showcase is a unique members club dedicated to bringing incredible discounts on luxury brand items to its Members

3. Access to and Use of Our Site

3.1 Access to Our Site is available to Members, free of charge.

3.2 Membership of Our Site is subject to our Club Rules. During Registration, you will be asked to confirm that you have read the Club Rules carefully and that you understand them.

3.3 During Registration, you will be asked to provide a password to enable you to log in to your Account. We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. Each password must kept confidential by each Member. If you fail to keep this password confidential, you are entirely responsible for any consequences stemming from such failure.

3.4 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.5 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. International Customers

4.1 Please note that We only deliver within the United States.

5. Goods, Pricing and Availability

5.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

5.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

5.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and

5.1.3 Due to the nature of the Goods sold through Our Site, there may be some variances in the products related to sizing, style and final construction compared to mass produced products.

5.1.4 The Web site and products are provided “as-is” and as available.

5.1.5 Showcase expressly disclaims any warranties and conditions of any kind, whether express or implied or collateral, including warranties or conditions of merchantability, any relating to fitness for a particular or general purpose, title, quiet enjoyment, accuracy, or non-infringement.

5.2 All sales are Final Sales.

5.3 We cannot guarantee that Goods will always be available.

5.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.

5.5 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 5 days, We will treat your Order as cancelled and notify you of this in writing.

5.6 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

5.7 All prices on Our Site exclude any applicable sales taxes, which will be presented to you as part of the order process. If the an applicable tax rate changes between your Order being placed and Us taking payment, the amount of tax payable will be automatically adjusted when taking payment.

5.8 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process. Delivery is within the United States, but certain items may be restricted to delivery only within the 48 contiguous United States.

5.9 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

6. Orders – How Contracts Are Formed

6.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you. Once an Order Confirmation is issued, the sale is a Final Sale.

6.4 Order Confirmations shall contain the following information:

6.4.1 Your Order Number;

6.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

6.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

6.4.4 Estimated delivery date(s);

6.5 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

6.6 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Goods.

7. Payment

7.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will be charged when you complete your order.

7.2 We accept the following methods of payment on Our Site:

7.2.1 Credit cards: Visa, Mastercard, American Express.

7.2.2 Debit cards.

8. Delivery, Risk and Ownership

8.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 12).

8.2 If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

8.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation, if any of the following apply you may treat the Contract as being at an end immediately:

8.3.1 We have refused to deliver your Goods; or

8.3.2 In light of all relevant circumstances, delivery within that time period was essential; or8.3.3 You told Us when ordering the Goods that delivery within that time period was essential.

8.4 If you do not wish to cancel under sub-Clause 8.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

8.5 You may cancel all or part of your Order under sub-Clauses 8.3 or 8.4 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Goods.

8.6 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

8.7 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

8.8 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

9. Our Liability to Consumers

9.1 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

9.2 You agree that all purchases are for personal use and will not be resold to other persons for any reason whatsoever.

10. Events Outside of Our Control (Force Majeure)

10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

11. Communication and Contact Details

11.1 If you wish to contact Us, you may contact Us online at [email protected].

12. How We Use Your Personal Information (Data Protection)

12.1 Unless otherwise stated, all personal data that We may collect about you and use will be collected, held, and processed in accordance with UK data protection law (including, but not limited to, the GDPR (and any successor legislation which applies following the UK’s departure from the European Union), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003).

12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

13. Other Important Terms

13.1 We may transfer (assign) Our obligations and rights under these US Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these US Terms of Sale will not be affected and Our obligations under these US Terms of Sale will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these US Terms of Sale (and under the Contract, as applicable) without Our express written permission.

13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these US Terms of Sale.

13.4 If any of the provisions of these US Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these US Terms of Sale. The remainder of these US Terms of Sale shall be valid and enforceable.

13.5 No failure or delay by Us in exercising any of Our rights under these US Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these US Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

13.6 We may revise these US Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

14. Law and Jurisdiction

14.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, construed in accordance with, and enforced in accordance with, the internal laws of the State of Delaware, including its statute of limitations.

14.2 Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Delaware, and Delaware law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.