LUXO LIVING WARRANTY INFORMATION

This is a warranty provided by Luxo Living of 160 Newton Rd, Wetherill Park, NSW 2164, Australia.

The Australian Competition and Consumer Act (2010), which includes the Australian Consumer Law, as well as other laws in Australia, guarantee certain conditions, warranties, and undertakings and grant you other legal rights regarding the quality and fitness for purpose of this product.

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods does amount to major failure, you are entitled to have the failure rectified within a reasonable time. If this is not done, you are entitled to a refund for the goods and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage resulting from a failure in the goods.

The warranties provided to you 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.

1. WARRANTY

• 1.1. We warrant that this product:

• (a)	matches the description provided for this product on our website at www.luxoliving.com.au;

• (b)	is fit for the purpose as described on our website at www.luxoliving.com.au; and

• (c)	is of merchantable quality.

• 1.2.

  The period during which this warranty is in effect will depend on the product to which it relates. At all times, the commencement date of the warranty will begin from the date of delivery of this product. The period for the product being the subject of this warranty is identified in clause 2 of this warranty.

• 1.3.	If you wish to make a claim for the breach of any warranty, you must:

• (a)	notify us in writing; and

• (b)	provide us with proof of purchase.

• 1.4.	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:

• (a)	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

• (b)

  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.

• 1.5.

  If, in accordance with this warranty, a repair is approved for this product and that repair may be effected by the simple replacement of a particular part or component of this product, then we may, at our discretion, send you the replacement part or component to repair this product, at our own cost.

• 1.6.	If this 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.

• 1.7.	Following the receipt of the product after it has been returned to us, if after examining or assessing the item or product, we determine that there has been no breach of our warranty:

• (a)	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

• (b)	we reserve the right to charge you for any re-delivery costs incurred to return the item or product to you.

• 1.8.	If this product is repaired or replaced in accordance with this warranty, you must organise for the collection of this product from our premises at your own cost.

 

2. PRODUCT WARRANTY PERIODS, ADDITIONAL WARRANTIES AND OTHER SPECIAL CONDITIONS

• 2.1.	This part of the warranty identifies time periods and other special conditions in relation to our products.

• 2.2.	In addition to the above, some of our products carry additional warranties. These are defined as:

• (a)	On-Site Warranty: If, in accordance with this warranty, a repair is approved for this product, then we will organise for a technician to attend your premises to assess and repair the product at our own cost.

• 2.3.

  The duration of the warranty period will vary based on the specific item or product, commencing from the date that the product is delivered to you. Information regarding the warranty period and any additional warranties for each product, are available on the individual product page on our website at www.luxoliving.com.au.

 

3. EXCLUSION OF WARRANTIES

• 3.1.	To the extent permitted by law, the warranties provided in clause 1 and clause 2 do not apply where our products have been subjected to:

• (a)	misuse, abuse, neglect, or accident; and/or

• (b)	alteration or improper alteration by the Client or any other third party; and/or

• (c)	non-observance with use and maintenance instructions; and/or

• (d)	damage or malfunction due to normal use or fair wear and tear, such as the discolouration of glass frosting, or colour fading; and/or

• (e)	use in trade or commercial situations such as in a restaurant, bar, gym or day spa.

 

4. 30 DAY MONEY BACK GUARANTEE

• 4.1.

  This product comes with a thirty (30) day money back guarantee (“the 30-day Money Back Guarantee”). If, for any reason whatsoever, you are not satisfied with the item or product supplied to you, you may, within thirty (30) days this product being delivered to you, return this product to us for a full refund of the purchase price of the item or product. The full refund of the purchase price this product does not include fees paid for any delivery, shipping, or handling charges.

• 4.2.	If you exercise your rights under the 30-day Money Back Guarantee, you:

• (a)	must notify us in writing of the exercise of your rights under the 30-day Money Back Guarantee within thirty (30) days of the item or product being delivered to you;

• (b)	must provide us with proof of purchase;

• (c)	must return this product to us in its original condition and in its original packaging;

• (d)	must return this product to us at your own cost;

• (e)	must pay a 10% restocking fee, which will be deducted from the refund amount; and

• (f)	are not entitled to make any claim for the breach of any warranty.

 

5. FREE TRANSIT INSURANCE

• 5.1.	We will arrange transit insurance, at our expense, for the delivery of this product to you.

• 5.2.	If you consider that this product has been damaged during the delivery process, you must:

• (a)	notify us within twenty-four (24) hours after this product has been delivered;

• (b)	provide us with sufficient information so we can determine if this product 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;

• (c)	provide us with a copy of the delivery or consignment note signed at delivery, indicating that the item or product was received in a damaged condition; and

• 5.3.	If we determine that an item or product delivered to you has been damaged during the delivery process:

• (a)	we may, at our discretion, refund, repair, or replace that item or product; and

• (b)	if the product is to be returned to us, we will organise for the collection of the item or product from the Delivery Address.

• 5.4.

  If we have determined that this product has been damaged during the delivery process and that repair may be effected by the simple replacement of a particular part or component of this product, then we may, at our discretion, send you the replacement part or component to repair this product, at our own cost.

• 5.5.	If the 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.

• 5.6.	If you or our delivery person provides to us a signed delivery or consignment note that does not indicate that the item or product was received in a damaged condition:

• (a)	we reserve the right to refuse to refund, repair, or replace the returned product;

• (b)	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.

6. NOTICES FOR A WARRANTY CLAIM

• 6.1.	A notice for a warranty claim to us may be sent to the following address:

• Warranty Department
• Luxo Living
• 160 Newton Rd
• Wetherill Park NSW 2164

• 6.2.	You may also contact us in relation to your warranty claim at our telephone number: 02 8999 1114 or via e-mail: support@luxoliving.com.au.

 

This agreement is governed by and will be construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the Courts of the State of New South Wales regarding any dispute under or about this agreement.