Terms & Conditions
1
Introduction
1.1
This document (together with any documents
referred to in it) advises you of the terms and conditions (the 'Conditions')
upon which we will sell the Goods to you. You may print a copy for future
reference.
1.2
'Business Day' means a day other than a
Saturday, Sunday or public holiday when banks in London are open for business.
1.3
'Event Outside Our Control' has the meaning
given in clause 15.
1.4
'Goods' means the goods listed on our website
('the Website') which we may supply.
1.5
Before confirming your order please read through
these Conditions and in particular our cancellations and returns policy at
clause 11
and limitation of our liability and your indemnity at clause 13.
1.6
By ordering any of the Goods, you agree to be
legally bound by these Conditions. You will be unable to proceed with your
transaction if you do not accept these terms and conditions.
2
About us
2.1
We, Luxa Limited, own and operate this Website.
We're a limited company registered in England and Wales under company number:
4181034. Our registered office is at Unit 137, Battersea Business Centre,
99-109 Lavender Hill, London, SW11 5QL. Our VAT Number is GB 769 7493 55.
2.2
Our telephone number is +44 (0)20 7585 0055.
2.3
Our email address is info@luxalondon.com.
3
Overseas
orders
3.1
We may accept orders from individuals located
outside the United Kingdom and ship overseas subject to you paying any
additional shipping or postage costs.
3.2
We will inform you of any additional shipping or
postage costs as soon as possible after you have placed the order. If you do
not wish to pay these costs you may cancel your order. If you wish to continue
with the order you must confirm to us that you will pay these additional costs
within 7 days of us telling you what they will be. If we do not receive this
confirmation from you within this time period, we will treat you as having
cancelled your order.
3.3
Please note that when shipping products
internationally, you should be aware that cross-border shipments are subject to
opening and inspection by customs authorities.
3.4
If we agree to supply any goods ordered from the
Website for delivery outside the United Kingdom, they may be subject to import
duties and/or additional taxes or expenses incurred due to complying with
foreign regulatory requirements or laws. You will be responsible for payment of
any such duties and/or taxes in addition to our price including VAT and the
cost of delivery. Please note that we have no control over these charges and
cannot predict their amount. Please contact your local customs office or
taxation authority for further information before placing your order.
4
Eligibility
to purchase from the Website
To
be eligible to purchase the Goods and lawfully enter into and form a contract
with us, you must be 18 years of age or over.
5
Price
5.1
The prices of the Goods are quoted on the order
page.
5.2
Prices and any other charges quoted on the order
page are based on delivery of the Goods in the United Kingdom unless otherwise
specified.
5.3
Prices quoted do not include the costs of
delivery of the Goods. The costs of delivery of the Goods will be shown
separately on the order page and added to the amount payable by you.
5.4
Unless otherwise stated, the prices quoted
exclude VAT which will be added at the current rate, to the total amount due
from you.
6
Payment
6.1
Payment can be made by any major credit or debit
card or by using a PayPal account.
6.2
However, we do not accept the following: American
Express, Diner’s Club.
6.3
By placing an order, you consent to payment
being charged to your debit/credit card account or PayPal account as provided
on the order form.
6.4
If you pay us by credit or debit card or PayPal
account through the website the payment will be taken immediately, and the
Goods dispatched to you as soon as possible thereafter.
6.5
We will contact you if there is a problem with
your order, such as if any items are out-of-stock.
6.6
We shall contact you should any problems occur
with the authorisation of your card or payment through your PayPal account.
7
Interest
7.1
Unless clause 7.2
applies, you must pay us interest on any amounts you owe us and fail to pay us
on the due date (as specified on the invoice) at the rate of 3% a year above
the base lending rate of NatWest Bank applicable from time to time, accruing
daily from the due date until the date of payment, whether before or after any
judgment.
7.2
We will not charge you interest for the
period of dispute in respect of an invoice that you dispute in good faith,
provided you have advised us within a reasonable time of receiving it that you
dispute it and your basis for disputing it.
8
Order
process and formation of a contract
8.1
Our Website, catalogue and brochure merely
illustrate our Goods and the packaging of the Goods. Your computer may not
accurately display the colours of the Goods. Although we aim to accurately
depict our Goods and their packaging, there may be differences between the
packaging and the colours of the Goods delivered to you and those shown on our
Website and in our catalogue and brochure.
8.2
All orders are subject to acceptance and
availability. If we are unable to supply you with the Goods in your order due
to matters such as unavailability of stock, materials, key staff or an Event
Outside Our Control, or because we have identified a mistake in the description
of the Goods or the price stated by us, we will notify you. We will not proceed
with the order and will refund any sums you have paid us.
8.3
If the Goods are temporarily unavailable, we
will notify you by email or telephone of the date they are expected to be
available. You will have the option either to wait until they are available or
to cancel your order. If you cancel your order, we will refund any sums you
have paid us.
8.4
Any order placed by you for the Goods
constitutes an offer to purchase them from us.
8.5
You agree that if we contact you to acknowledge
receipt of your order such communication shall not amount to our acceptance of
your offer to purchase the Goods.
8.6
A 'Confirmation Notice' means an email which we
send to you to confirm the order placed for the Goods with any amendments
agreed. A Confirmation Notice will be our acceptance of the offer made in the
order to which that Confirmation Notice relates.
8.7
A contract between you and us for the supply of
the Goods (the 'Contract') incorporating the version of these Conditions in
force at the time of your order will come into existence when we send you the
Confirmation Notice relating to your order. You may print and keep a copy of
the Confirmation Notice for future reference.
8.8
If you think that there is a mistake in the
Confirmation Notice or if you wish to make any changes, please contact us to
discuss this. If you request a change, we will tell you if that is possible and
about any changes to the price, delivery or performance dates or any other
changes that we need to make as a result of your request. We will ask you if
you wish to go ahead with the change.
8.9
We may make
8.9.1
minor technical adjustments to the Goods to
improve them or to comply with relevant laws and regulatory requirements,
8.9.2
changes to these Conditions as a result of
changes in any relevant laws and regulatory requirements,
8.9.3
changes to these Conditions as a result of
changes in how we accept payment from you,
8.9.4
changes in the amount payable by you to the
extent of any changes in the VAT included in the price or payable in relation
to the price.
8.10 If
we make any changes in accordance with clause 8.9
we will give you written notice of the changes before we supply the Goods. You
can choose to cancel the contract if the change would be significantly to your
disadvantage.
8.11 Any
variation to these Conditions which have been incorporated into the Contract or
to the Contract other than those mentioned in clause 8.9
shall only be binding when agreed in writing and signed by you and us.
9
Delivery
9.1
The Goods will be delivered to you at the
address you provided during the order process which may be an address other
than the billing address.
9.2
Any dates quoted for delivery of the Goods are
approximate only. If no date is specified then it will take place as soon as
reasonably possible, but in any event within 30 days of the date of the Confirmation
Notice, unless there is an Event Outside Our Control, in which case clause 15
shall apply.
9.3
If you have agreed to collect the Goods from our
premises, delivery shall occur at our premises when we hand the Goods to you
9.4
Unless clause 9.5
applies, if we have agreed to deliver the Goods to a delivery address which you
have given us, delivery shall occur when we place the Goods in the physical
possession of you or anyone you have identified to us as the person authorised
by you to take delivery of the Goods.
9.5
If you have asked us to use an independent
carrier other than our normal carrier to deliver the Goods to you, delivery
shall occur when we deliver the Goods to that carrier.
9.6
You must examine the Goods within a reasonable
time after arrival and let us know as soon as reasonably possible if they are
faulty, damaged or not as described.
9.7
If no one is present at your delivery address to
take delivery, we will advise you of our attempted delivery. You must then
contact us to make arrangements for us to deliver the Goods.
9.8
We may end the contract with you and charge you
for any extra storage costs we have incurred if we have agreed to deliver the
Goods, you have not been available to take delivery on the date we agreed to
deliver them, and we have not been able to re-arrange delivery within 14
Business Days of the original delivery date
9.9
For Christmas deliveries, we recommend that you
check the Website for the last order date. We will endeavour to dispatch all
Goods that are in stock within 24 hours. However, we cannot guarantee delivery
by 24 December.
10 Risk and title
10.1 The
Goods will be at your risk from the time of delivery.
10.2 Ownership
of the Goods will only pass to you when we receive full payment of all sums due
in respect of them including VAT and the cost of delivery.
11 Cancelling your Contract and returns
11.1 Cancelling before Confirmation Notice
11.1.1
You may cancel your order for the Goods by
notifying us of your decision to cancel at any time prior to despatch of the
goods. This notification must be received by us prior to despatch.
11.1.2
You may notify us of your decision to cancel by sending
us a statement saying that you wish to cancel quoting your name, address, the
name or a description of the Goods and your order reference number by telephone,
email or post.
11.2
Cancellation
after Confirmation Notice
11.2.1
The 'Cancellation Period' means the period
between the date we send you a Confirmation Notice and the expiry of 14
calendar days after the day you receive the Goods.
11.2.2
Subject to clause 11.5,
you may cancel the Contract at any time during the Cancellation Period by
notifying us of your decision to cancel.
11.2.3
You may notify us of your decision to cancel by sending
a statement saying that you wish to cancel quoting your name, address, the name
or a description of the Goods and your order reference number by Telephone,
email or post.
11.3
Return of
Goods
11.3.1
Upon receiving notice of your cancellation, we
will refund any payment made for them.
11.3.2
Having received the Goods in accordance with
these Terms and Conditions, items may only be returned to us by agreement.
11.3.3
You must return the Goods at your own risk and
at your own cost unless we offer to pay the cost of return. We may offer to
collect the Goods from you and charge you for the cost of collecting the Goods.
If we offer to collect the Goods, we will contact you to ascertain whether you
agree to us collecting the Goods, whether you agree to pay the costs of
collection if we are charging you for collection, and if so, to make
arrangements for collection. If you agree to pay the costs of collection, we
may deduct this from any sum we owe you.
11.3.4
Goods to be returned must be of saleable
condition, including intact packaging in good condition.
11.4 Refunds on cancellation
11.4.1
So long as you are entitled to cancel and have
complied with your obligations under clauses 11.2 and 11.3, we will refund you the balance of the price, any VAT
and any standard delivery costs you paid to us after deducting:
11.4.1.1
any reduction in the value of the Goods in
accordance with clause 11.3.3;
and
11.4.1.2
any cost to us of collecting the Goods (if
applicable).
11.4.2
If the Contract is for the supply of goods only,
or for goods and services with the main purpose being the supply of goods,
unless we have agreed to collect the Goods from you, we will refund you the sum
in clause 11.4.1
within 14 days after the earlier of:
11.4.2.1
the day on which we receive the Goods back from
you, or
11.4.2.2
the day on which you supply evidence to us that
you have sent the Goods back to us.
11.4.3
If the Contract is for the supply of goods only,
or for goods and services with the main purpose being the supply of goods and
we have agreed to collect the Goods from you, we will refund you the sum in
clause 11.4.1
within 14 days of our receipt of your cancellation notice.
11.4.4
We will refund you the sum in clause 11.4.1
using the same method of payment used by you, unless you agree to a refund by a
different method of payment.
12 Governing Law and Jurisdiction
12.1 All contracts of sale shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.>>