This agreement is formed between you and Luxo Living ACN 102 989 097 ("Luxo Living", "us", "we", or "our"), of 1/163 Prospect Highway, Seven Hills, NSW, Australia.
The terms and conditions contained in this agreement sets out your obligations and our obligations when using Luxo Living' ordering service and delivery service ("the Services") through the website www.luxoliving.com.au ("the Site") or through our telephone ordering service.
When you register an account with us to use the Services, you are deemed to have accepted this agreement, as amended and varied by us from time to time.
We may amend this agreement from time to time and you should review this agreement from time to time. If you continue to use the Services following any amendment to this agreement, this constitutes your acceptance of the new terms and conditions applying to the Services.
If there are any additional conditions in relation to the Services, contained in other website pages on the Site, these will be incorporated into and will form part of this agreement, unless those additional conditions conflict with these terms and conditions. You must read all information available on the product information page of any item or product you intend to order before placing an order through the Services.
2 USE OF THE SERVICES
You agree to use the Site and the Services for purposes permitted by this agreement.
You must not access or attempt to access the Site by any means other than the interface as provided by us.
You must not take any action that may interfere with or disrupts the operation of the Site or the Services.
You must not use any device or software to interfere with or attempt to interfere with the Site or the Services.
You may not use another member's account without permission.
Without limiting any other remedies available to us, we may in our sole discretion suspend or terminate your account if we reasonably suspect that you may have engaged in fraudulent activity in connection with your use of the Services.
Without limiting any other remedies available to us, we may in our sole discretion suspend or terminate your account if your conduct is deemed by us to be inconsistent with the terms and conditions of this agreement.
You must register an account with us and provide to us your details to use the Services.
When you register an account with us, you are deemed to have accepted this agreement, as amended and varied by us from time to time.
You must not use false or misleading information when registering an account with us or when using the Service.
If your details have changed from the last time you have used the Service, you must provide us with the updated details.
We will not be responsible for any loss or damage which may occur because you have not provided us with complete and accurate information.
4 LEGAL CAPACITY
You must be able to form legally binding contracts to use the Services and must be over the age of 18 years.
5 PLACING ORDERS
You may use the Site and the Services to place orders to purchase items or products displayed on the Site.
Items and products displayed on the Site do not constitute an offer to sell. No information on the Site is considered or deemed as an offer by us to supply any items or products.
By placing an order with the Service, you make an offer to us to purchase the items or products that you have selected under the terms and conditions of this agreement, at the price displayed.
We reserve the right to accept or reject your offer for any reason including, but not limited to:
the availability of the item or product;
an error in the price or item or product description;
an error in your order.
5.5 Coupons, promotional codes and discounts can only be used at the time of placing your order, and cannot be applied retroactively.
6 PRICE AND GST
The prices of any product displayed on the Site, delivery, and any other charges are in Australian dollars only (AUD$).
We reserve the right to change the prices for any item or product displayed on the Site from time to time.
The prices for any item or product displayed on the Site do not include delivery charges or any other charges.
All prices, including prices for any item or product displayed on the Site, delivery, and any other charges include GST.
You must pay to us the purchase price of the items or products that you have ordered including any other applicable fees or charges, such as delivery charges, as set out in our tax invoice.
We accept payment by credit card (Visa, MasterCard, and American Express), PayPal, direct bank deposit, internet transfer, money order, or cheque.
We will not process your order until we have received full and cleared payment from you. Please note that payment via direct bank deposit, internet transfer, or cheque may take several days to be processed.
Subject to the terms and conditions of this agreement, we will supply to you the items and products indicated in your order confirmation.
We will withhold delivery of any item or product until you have paid everything owing to us. Please note that payment via direct bank deposit, internet transfer, or cheque may take several days to be processed.
We will use best endeavours to deliver to you the products on or before the delivery date indicated in your order confirmation; however you acknowledge that the delivery date indicated in your order confirmation is an estimate only.
We will deliver the items or products indicated in your order confirmation to the address nominated to us for the delivery of your product, as provided by you when you use the Services ("the Delivery Address").
If you have registered an "Authority to Leave" with either us or our deliveryman, the items or products shall be delivered to the Delivery Address noted on your "Authority to Leave" document, and shall be left there in accordance with your instructions.
Unless otherwise stated, we will deliver large or bulky items or products (for example, large televisions, furniture, whitegoods, and wine fridges) to the front door of the ground floor only. Our standard delivery service does not include product assembly. We do not offer any kind of installation services such as mounting products onto walls or installing products into kitchens.
If you visit any place where the items or products are stored to inspect or to collect your items or products, you must comply with:
any law relating to occupational health and safety; and
any directions or warnings we have given about the items or products; and
any directions or warnings given to you by us or anyone authorised by us when inspecting, collecting, or removing any items or products from any location.
If you visit any place where the items or products are stored you acknowledge that you do so at your own risk.
We reserve the right to charge you for any additional costs incurred in the re-delivery of the item or products indicated in your order confirmation if:
after confirming the delivery date with you, there is no person at the Delivery Address to receive the item or product or no person at the Delivery Address that is able to sign any consignment note indicating that the item or product has been received;
through no fault of our deliveryman, our deliveryman is not able to unload or deliver the item or product ordered to the Delivery Address; or
the Delivery Address is incorrect.
If an item or product is to be collected or we are not able to deliver the item or product due to your unavailability, if the item or product is not collected from our offices or warehouses within 14 days of the sale, we reserve the right to either dispose of or sell the item on terms that we determine to be reasonable. If this occurs, we shall refund to you the proceeds of the sale, less our storage costs of $5.00 per day of storage, our administrative fees of $40.00, and/or any delivery costs incurred by us.
We will not deliver any item or product:
to any location outside of Australia; or
on weekends or after normal working hours.
You may cancel an order by contacting us by telephone during our business hours. Orders cannot be cancelled via e-mail, chat or any other formats due to our dispatch team not being accessible on these channels or outside business hours. The following charges will apply depending on the status of your order:
If your order has started processing but has not been dispatched from our warehouse a $30 cancellation fee will apply
If your order has already been dispatched from our warehouse a shipping fee plus a return fee of an equal amount will apply. This includes items sold on a free delivery basis.
9 RISK AND TITLE
Title in any items or products will only pass to you when we receive full payment all amounts specified in our tax invoice.
The risk in any items or products delivered will pass to you when it is delivered.
If you have registered an "Authority to Leave" with either us or our deliveryman, the risk in the items or products delivered will pass to you at the time that the items or products are delivered to the address noted on the "Authority to Leave" in accordance with the instructions contained on your "Authority to Leave".
The risk in any items or products collected by you from our premises will pass to you when you collect the items or products.
These products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the products fail to be acceptable quality and the failure does not amount to a major failure.
Any additional warranties offered for a particular item or product displayed on the Site will appear on that product's product information web page.
The warranties given to you under this agreement are in addition to any other statutory rights, remedies, conditions, or warranties, and nothing in this agreement excludes the application of those statutory rights, remedies, conditions, or warranties.
We warrant that the items or products:
matches the description provided on the Site;
is fit for the purpose as described on the Site; or
is of merchantable quality.
The period during the above warranty will be in effect will depend on the item or product and will commence from the date that the product is delivered to you. The product warranty periods are contained on the individual product's pages as well as the warranty information sheet provided to you on the delivery of the product.
If you wish to make a claim for the breach of any warranty, including any breach of any additional warranty, you must:
notify us in writing; and
provide us with proof of purchase.
A notice to us may be sent to us at the following address:
160 Newton Road
Wetherill Park NSW 2164
Or via e-mail to [email protected]
You may also contact us in relation to your warranty claim at our telephone number at 1800 033 589 or our e-mail address at [email protected]
Following a receipt for your claim under this warranty, we will assess your claim and will send to you a returns advice form that will advise you where the items or products must be returned to.
If we send to you a returns advice form and do not receive a response from you or receive the returned items or products from you within 30 days, you will not be entitled to reject the items or products, subject to any rights you may have under the Australian Consumer Law.
Following the receipt of your claim under this warranty and/or the return of your items or products, we will assess your claim and if we determine that your claim is valid:
if the products can be repaired and the failure to comply with the warranty is not a major failure, we will, at our discretion, either repair the defect, replace any defective part of the defective product, or replace the defective product; and
if the products cannot be repaired or the failure to comply with the warranty is a major failure, you may reject the products, return the products (if you have not done so already), and at your election, seek the replacement of the products, the repair of the products, or a refund of any money you have paid for the product.
If, in accordance with the warranty under this agreement, a repair is approved for the item or product and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
If any item or product is returned to us for refund, repair, or replacement, you must return it to us, at your own cost, and ensure that the item or product is properly packaged to prevent any damage during transit. We will not be responsible for any damage to the item or product during transit. A return authorisation number will need to be requested from us and attached to the item(s) before sending to us. All returns must be sent to our service centre at the following address:
160 Newton Road
Wetherill Park NSW 2164
If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:
we reserve the right to charge you for any reasonable costs incurred in the examination or assessment of any item or product, including but not limited to any costs incurred in sending an on-site technician to examine or assess the item or product; and
we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.
11 EXCLUSION OF WARRANTIES
To the extent permitted by law, the warranties provided in clause 10 does not apply where our products have been subjected to:
misuse, abuse, neglect, or accident; and/or
alteration or improper alteration by the Client or any other third party; and/or
non-observance with use and maintenance instructions; and/or
damage or malfunction due to normal use or fair wear and tear, such as the discolouration of glass frosting, or colour fading; and/or
use in trade or commercial situations such as in a restaurant, bar, gym or day spa
12 30 DAY MONEY BACK GUARANTEE
All our items or products come with a thirty (30) day money back guarantee ("the 30-day Money Back Guarantee"). If you, for any reason whatsoever, are not satisfied with the item or product supplied to you, you may, within thirty (30) days of the item or product being delivered to you, return the item or product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price of the item or product does not include fees paid for any delivery, shipping, or handling charges, and shipping costs will be deducted from the refund of items sold on a free delivery basis where we have incurred shipping charges.
If you exercise your rights under the 30-day Money Back Guarantee, you:
must notify us in writing of the exercise of your rights under the 30-day Money Back Guarantee and return the item to us within thirty (30) days of the item or product being delivered to you;
must provide us with proof of purchase;
must return the item or product to us in its original condition and in its original packaging;
must return the item or product to us at your own cost;
must pay a 10% restocking fee which will be deducted from the refund amount; and
are not entitled to make any claim for the breach of any warranty.
13 FREE TRANSIT INSURANCE
We will arrange transit insurance, at our expense, for the delivery of all our items or products to you.
If you consider that an item or product delivered to you has been damaged during the delivery process you must:
notify us within twenty-four (24) hours after the item or product has been delivered;
provide to us sufficient information for us to determine if the item or product delivered has been damaged during the delivery process, including providing us with photographic evidence of the item or product and the packaging it was received in;
provide to us a copy of the delivery or consignment note signed at delivery, indicating that the item or product was received in a damaged condition; and
If we determine that an item or product delivered to you has been damaged during the delivery process:
we may, at our discretion refund, repair, or replace that item or product; and
if the item or product is to be returned to us, we will organise for the collection of the item or product from the Delivery Address.
If we have determined that an item or product delivered to you has been damaged during the delivery process and that repair may be effected by the simple replacement of a particular part or component of the item or product, then we may, at our discretion, send you the replacement part or component to repair the item or product, at our own cost.
If any item or product is returned to us for refund, repair, or replacement, you must return it to us in its original condition, along with all original packaging.
If you or our deliveryman provides to us a signed delivery or consignment note that does not indicate that the item or product was received in a damaged condition:
we reserve the right to refuse to refund, repair, or replace the returned product;
we reserve the right to charge you for any collection and re-delivery costs incurred in collecting the item or product from you and/or returning the item or product to you.
14 LIMITATION OF LIABILITY AND INDEMNITIES
If you have registered an "Authority to Leave" with either us or our deliveryman, we will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of our compliance with your instructions contained on that "Authority to Leave".
We will not be liable for any loss, expenses, costs or any special, incidental, or consequential damages arising out of or in connection with the use of the Services or the sale of any item or product.
We will not be liable for any loss, expenses, losses, costs, consequential losses, or direct or indirect damage suffered by you where your credit card has been fraudulently used or has been used in an unauthorised manner.
Our maximum liability for any item or product supplied to you is limited to a maximum total aggregate sum of the amount payable by you in respect to the item or product in question.
You will at all times indemnify us from any claims, loss, damage, liabilities, expenses, costs or demands including legal fees made by any third party due to or arising out of a breach of this agreement by you or arising out of your negligent act or omission.
Our privacy statement is available on the Site and we will use all reasonable efforts to ensure that any information or data collected from you is stored and used in accordance with this privacy statement.
By registering an account with us for the use of the Services you agree that we may store, process, and use any information or data collected from you in accordance with our privacy statement.
16 INTELLECTUAL PROPERTY
We reserve all intellectual property rights including but not limited to any trade marks and copyright in material and/or services provided by us.
Nothing in this agreement permits you or gives you any rights to use any of our marketing materials, copyrighted material (including website layout), trade marks, business names, logos, photographs, or domain names.
Any trade marks used on the Site belonging to third parties are used with permission and remain the intellectual property of such third party.
17 OTHER IMPORTANT MATTERS
We will not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
If any part of this agreement is found to be void, unlawful or unenforceable, then that part shall be deemed severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
This agreement is governed by and will be construed according to the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts of the State of New South Wales in relation to any dispute under or about this agreement.