Luxo Living - Terms and Conditions

1 GENERAL

1.1 This agreement is formed between you and Deluxe Products Pty Limited ACN 102 989 097 trading as Luxo Living ("Deluxe Products", “Luxo Living”, "us", "we", or "our"), of 160 Newton Rd, Wetherill Park, NSW, Australia.
1.2 The terms and conditions contained in this agreement sets out your obligations and our obligations when using Deluxe Products' ordering service and delivery service ("the Services") through the website www.luxoliving.com.au ("the Site") or through our telephone ordering service.
1.3 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.
1.4 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.
1.5 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

2.1 You agree to use the Site and the Services for purposes permitted by this agreement.
2.2 You must not access or attempt to access the Site by any means other than the interface as provided by us.
2.3 You must not take any action that may interfere with or disrupts the operation of the Site or the Services.
2.4 You must not use any device or software to interfere with or attempt to interfere with the Site or the Services.
2.5 You may not use another member's account without permission.
2.6 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.
2.7 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.

3 REGISTRATION

3.1 You must register an account with us and provide to us your details to use the Services.
3.2 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.
3.3 You must not use false or misleading information when registering an account with us or when using the Service.
3.4 If your details have changed from the last time you have used the Service, you must provide us with the updated details.
3.5 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

4.1 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

5.1 You may use the Site and the Services to place orders to purchase items or products displayed on the Site.
5.2 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.
5.3 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.
5.4 We reserve the right to accept or reject your offer for any reason including, but not limited to:
1. (a) the availability of the item or product;
2. (b) an error in the price or item or product description;
3. (c) an error in your order.
5.5 Our acceptance of your order will constitute a binding contract of sale of the items in your order. If we agree to cancel an order a minimum $30 administration fee plus any storage, labour and shipping costs incurred will be charged before a refund is processed.
5.6 Promotional Codes:
1. (a) Coupons, promotional codes and discounts can only be used at the time of placing your order, and cannot be applied retroactively.
2. (b) From time to time we may release promotion codes and vouchers that can be used for discounts or free shipping. Promotion codes can be redeemed in accordance with the terms and conditions of the relevant promotion. Promotion codes can be used on the web site during the checkout process or they can be redeemed when placing your order over the phone or in store (excludes online-only promotions).
3. (c) Promotion codes are valid for the relevant promotional period only and cannot be redeemed after the promotion end date unless stated otherwise.
4. (d) Promotion codes may not be combined with any other sale, promotion, discount, code, coupon and/or offer unless otherwise stated.
5. (e) If you place an order for a product less than the value of the promotion code, no residual credit will be returned to you.
6. (f) Promotion codes have no cash value and interest does not accrue on any credit amount.
7. (g) If the credit of a promotional code is insufficient for the order you wish to make, you may make up the difference through payment by other means (but not by using another promotion code or attempting to rely on any other offer).
8. (h) Only one promotion code can be used per order.
9. (i) Free same day delivery promotion codes are only valid for deliveries within Sydney metropolitan areas and for orders over $300.
10. (j) We reserve the right to refuse any orders that do not meet the above conditions.
5.7 When we receive a high value order or have reason to suspect an order may be fraudulent we will follow our company procedures to confirm whether the order is legitimate, which may include requesting a scan or photograph of your credit card and identification document such as a driver’s licence. We do this in an effort to protect the card holder and the company from fraud, and we reserve the right to cancel an order if we suspect fraud, whether verification steps were carried out or not.

6 PRICE AND GST

6.1 The prices of any product displayed on the Site, delivery, and any other charges are in Australian dollars only (AUD$).
6.2 We reserve the right to change the prices for any item or product displayed on the Site from time to time.
6.3 The prices for any item or product displayed on the Site do not include delivery charges or any other charges.
6.4 All prices, including prices for any item or product displayed on the Site, delivery, and any other charges include GST.

7 PAYMENT

7.1 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.
7.2 We accept payment by credit card (Visa, MasterCard, and American Express), PayPal, direct bank deposit, internet transfer, money order, or cheque.
7.3 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.

8 DELIVERY

8.1 Subject to the terms and conditions of this agreement, we will supply to you the items and products indicated in your order confirmation.
8.2 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.
8.3 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.
8.4 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").
8.5 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.
8.6 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.
8.7 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:
1. (a) any law relating to occupational health and safety; and
2. (b) any directions or warnings we have given about the items or products; and
3. (c) 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.
8.8 If you visit any place where the items or products are stored you acknowledge that you do so at your own risk.
8.9 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:
1. (a) 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;
2. (b) 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
3. (c) the Delivery Address is incorrect.
8.10 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.
8.11 We will not deliver any item or product:
1. (a) to any location outside of Australia; or
2. (b) on weekends or after normal working hours.
8.12 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:
1. (a) If your order has started processing but has not been dispatched from our warehouse a $30 cancellation fee will apply
2. (b) 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

9.1 Title in any items or products will only pass to you when we receive full payment all amounts specified in our tax invoice.
9.2 The risk in any items or products delivered will pass to you when it is delivered.
9.3 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".
9.4 The risk in any items or products collected by you from our premises will pass to you when you collect the items or products.

10 WARRANTIES

10.1 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 in 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 from a failure in the goods.
10.2 Any additional warranties offered for a particular item or product displayed on the Site will appear on that product's product information page.
10.3 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.
10.4 We warrant that the items or products:
1. (a) matches the description provided on the Site;
2. (b) is fit for the purpose as described on the Site; or
3. (c) is of merchantable quality.
10.5 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 page as well as the warranty information sheet provided to you on the delivery of the product.
10.6 If you wish to make a claim for the breach of any warranty, including any breach of any additional warranty, you must:
1. (a) notify us in writing; and
2. (b) provide us with proof of purchase.
10.7 A notice to us may be sent to us at the following address:
1. Luxo Living
2. Returns Department
3. 160 Newton Road
4. Wetherill Park NSW 2164
5. Or via e-mail to support@luxoliving.com.au
10.8 You may also contact us in relation to your warranty claim at our telephone number at 02 8999 1114 or our e-mail address at support@luxoliving.com.au
10.9 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.
10.10 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.
10.11 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:
1. (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
2. (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.
10.12 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.
10.13 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:
1. Luxo Living
2. Returns Department
3. 160 Newton Road
4. Wetherill Park NSW 2164
10.14 If, after examining or assessing the item or product, we determine that there has been no breach of our warranty:
1. (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
2. (b) 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

11.1 To the extent permitted by law, the warranties provided in clause 10 does not apply where our products have been subjected to:
1. (a) misuse, abuse, neglect, or accident; and/or
2. (b) alteration or improper alteration by the Client or any other third party; and/or
3. (c) non-observance with use and maintenance instructions; and/or
4. (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
5. (e) use in trade or commercial situations such as in a restaurant, bar, gym or day spa

12 30 DAY MONEY BACK GUARANTEE

12.1 All our items or products come with a thirty (30) day money back guarantee ("the 30-day Money Back Guarantee"). For health and hygiene reasons, mattresses, rugs, and bed sheets can only be returned if they are inunopened and sealed packaging. 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.
12.2 If you exercise your rights under the 30-day Money Back Guarantee, you:
1. (a) 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
2. (b) must provide us with proof of purchase;
3. (c) assembled items must be disassembled and placed back in original packaging;
4. (d) must return the item or products to us in its original packaging, which should be in good condition;
5. (e) must return the item or product to us at your own cost;
6. (f) are not entitled to make any claim for the breach of any warranty.

13 FREE TRANSIT INSURANCE

13.1 We will arrange transit insurance, at our expense, for the delivery of all our items or products to you.
13.2 If you consider that an item or product delivered to you has been damaged during the delivery process you must:
1. (a) notify us within twenty-four (24) hours after the item or product has been delivered;
2. (b) 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;
3. (c) 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
13.3 If we determine that an item or product delivered to you has been damaged during the delivery process:
1. (a) we may, at our discretion refund, repair, or replace that item or product; and
2. (b) 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.
13.4 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.
13.5 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.
13.6 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:
1. (a) we reserve the right to refuse to refund, repair, or replace the returned product;
2. (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.

14 LIMITATION OF LIABILITY AND INDEMNITIES

14.1 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".
14.2 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.
14.3 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.
14.4 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.
14.5 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.

15 PRIVACY

15.1 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.
15.2 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

16.1 We reserve all intellectual property rights including but not limited to any trade marks and copyright in material and/or services provided by us.
16.2 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.
16.3 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

17.1 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.
17.2 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.
17.3 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.

18 COMPETITIONS

18.1 Winners of competitions are selected randomly and will be contacted directly via email. Drawing will be held no later than two weeks after the competition end date.
18.2 Entry into any Sign-up competition includes the following conditions:

(a) To enter the giveaway, you must provide your first name, email address and mobile number
(b) The prize is given as a gift card, which can only be redeemed on the Luxo Living Online Store and cannot be exchanged for cash.
(c) The prize can be applied to products only. Shipping fees and other handling fees would not be covered by the voucher. Additional services are not included.
(d) By entering the competition, you agree to receive promotional content both via email and sms marketing
(e) By entering the competition, you agree to have your first name and first initial of your last name shared in any winner announcement(s) like via email or social media. No contact details will be shared as part of this announcement.
(f) The giveaway is open to residents of Australia only.
(g) You must be 18 years or older to enter
(h) The winner will be chosen at random, and notified by phone or email within two weeks of the end of the giveaway.
(i) The prize is not transferable or exchangeable for cash.
(j) Luxo Living reserves the right to cancel or modify the giveaway at any time without notice.
(k) By entering the giveaway, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by them.

19 MOBILE TERMS OF SERVICE

19.1 The Luxo Living mobile message service (the "Service") is operated by Luxo Living (“Luxo Living”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
19.2 By consenting to Luxo Living’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Luxo Living through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
19.3 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Luxo Living. Your participation in this program is completely voluntary.
19.4 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
19.5 You may opt out of the Service at any time. Text the single keyword command STOP to LuxoLiving or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Luxo Living mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.
19.6 For Service support or assistance, text HELP to LuxoLiving or email privacy@luxoliving.com.au.
19.7 We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
19.8 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
19.9 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
19.10 We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Luxo Living - Terms and Conditions

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