Terms and Conditions
LUX365 TERMS AND CONDITIONS
YOUR ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSE 11 BELOW.
1. Our terms
1.1 These terms and conditions ("Terms") govern the supply of goods sold by LUX365 Limited, a company registered in England and Wales with company number 10408207 whose office is at Units 17 & 18 Wingates Industrial Estate, Barrs Fold Road, Bolton, Lancashire, BL5 3XP ("we", "us" and "our") to you the customer ("you", "your"). Please read these Terms carefully before you submit your Order to us.
1.2 All orders that are placed by you and purchases of goods from us (whether via our website www.lux365.com (our "Website"), by telephone or such other means as we may permit) (each an "Order") are on the basis of these Terms.
2. Ordering from us
2.1 The Order constitutes an offer by you to purchase the Goods in accordance with these Terms. The Order shall only be deemed to be accepted when we issue a written acceptance of the Order (either by email or otherwise), at which point a binding contract for sale shall come into existence.
2.2 Prior to a binding contract of sale being formed, we may choose not to accept your Order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 A quotation for any Goods that we may provide to you shall not constitute an offer.. A quotation shall only be valid for a period of 14 Business Days from its date of issue.
2.4 You shall have the right to amend any Order that you have made. This right shall commence one hour after the Order has been placed, up until 3pm of the scheduled date of shipment by us. If you wish to make an amendment to any Order, you must inform us by telephone using the contact details provided in clause 15. You shall not be able to make an amendment on our Website or via any other means of communication.
2.5 If the Goods that you have ordered are out of stock, then we shall notify you prior to the agreed delivery date and offer a replacement product. If you do not wish to accept the replacement product, then you may instead choose to have the Goods delivered at an alternative delivery date (once the Goods are in stock) or receive a full refund for the out of stock Goods.
3. Price and payment
3.1 The price of the Goods shall be the price set out on our Website at the time you submit your Order, plus any additional delivery charges that may apply which shall be priced in accordance with the type of delivery service that you select.
3.2 From time to time we may advertise our products at a promotional price; you must quote the relevant promotion code in order to receive the benefit of this promotion, otherwise you may be charged the full price.
3.3 The price of the Goods on our Website and any other form of quote is exclusive of value added tax (VAT) unless expressly stated otherwise, which you shall pay to us at the prevailing rate.
3.4 Except in the circumstances outlined in clause 3.5 below (i.e., where you are a Trader with a trade account), and irrespective of whether your purchase is being made via our Website or by telephone:
- (a) all payments must be made to us by debit or credit card or Paypal;
- (b) we must receive payment for the whole of the price of the Goods you have ordered (including VAT), and any applicable charges for delivery, before your Order can be processed.
3.5 If you are a Trader then we may grant you a trade account upon request. The trade account will only be made available by prior arrangement via telephone (not online) and if granted will allow you to make payments following the completion of the sale of Goods. We will invoice you from time to time in respect of any amounts due under your trade account. We reserve the right to not grant you a trade account or to withdraw such account at our sole discretion and without cause. In the event of withdrawal of a trade account any sums due from you will be payable immediately. You agree that we may conduct credit checks on you to establish your creditworthiness. All invoices must be paid within 30 days of receipt by electronic bank transfer, debt or credit card or Paypal.
3.6 If you are using a credit/debit card to pay for your order or purchase (including via Paypal) or via electronic bank transfer, you confirm that the card being used is yours or that you are authorised to use it.
3.7 All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your Order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for the Goods not being delivered or provided to you.
3.8 We are not responsible for the card issuer or bank charging the holder of the card as a result of our processing of your credit/debit card payment in accordance with your Order.
3.9 If you are a Trader, you are responsible for all Orders that are placed by your employees and/or other representatives on your behalf and for any payments that are made to us by them. We are not bound by any individual order limit you may impose on your employees and/or other representatives.
3.10 If you are a Trader, you may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counterclaim, which you may have, or allege to have. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from us to you. The format of our invoice and statements to you will solely be dictated by us.
3.11 In the event that we are provided with insufficient or inaccurate instructions relating to the delivery address for the Goods or you are not available to collect them when they are delivered then we reserve the right to impose additional delivery charges.
3.12 From time to time we may run promotional offers which are subject to any additional terms that are set out in such promotions. We reserve the right to discontinue such promotions at any time at our sole discretion.
4. Our Goods
4.1 We shall provide the Goods to you in conformance with these Terms and any statutory rights that you may have.
4.2 The images of the Goods and packaging that are advertised on our Website are for illustrative purposes only and your Goods and packaging may vary slightly from those images.
4.3 We may from time to time make changes to Goods that are advertised on our Website to reflect changes in relevant laws and regulatory requirements. We may also implement minor technical adjustments and improvements. In both cases these changes may not immediately be reflected in the descriptions on our Website. Any changes we make will not result in the substitution of one product for an entirely different one. The changes will be minor only and will not affect your use of the Goods.
5.1 Any dates and times that are quoted for delivery are estimates only, and the time of delivery is not of the essence, even if you seek to stipulate otherwise. However, we will use reasonable endeavours to deliver the Goods during the delivery period that you have selected and to the delivery address that you have specified on our Website or by telephone.
5.2 In the event of a delay in the delivery of your Goods, we shall take reasonable steps to inform you of this in advance and to minimise the extent of the delay.
5.3 Delivery of the Goods shall be completed upon the Goods' arrival at such specified delivery address.
5.4 You must do all that you reasonably can to enable delivery to take place at the given time and place. If you delay delivery, or delivery fails because you have not taken appropriate steps, we will try to arrange for an alternative delivery date within 30 days of the failed delivery. If delivery fails as a result of circumstances within your reasonable control, the cost of any re-delivery shall be borne by you. If we are unable to arrange a date for re-delivery we may cancel your Order and our liability in these circumstances will be limited to refunding to you the price that you have paid for the goods, less any costs that we have incurred as a result of the failed delivery.
5.5 We shall not be liable for any delay in delivery of the Goods that is caused by any of the exceptional circumstances contemplated in clause 12 or your failure to provide sufficiently accurate delivery instructions or due to you being unavailable to collect the Goods when we deliver them in accordance with clause 4.5.
5.6 A valid signature may be required on collection or delivery. In the unlikely event that you have not received all the goods within the stated delivery time, you must notify us immediately. We strongly suggest that you do not schedule or commence any installation work until after you have received your order and checked all the goods are suitable for your purposes and do not have any defects or missing parts.
5.7 For reasons of health and safety and to avoid any property damage, items can only be delivered to the main entrance of the ground floor at the delivery address, unless there is suitable lift access available to us to deliver the Goods, which we are permitted to use and informed of prior to our arrival. You must therefore make your own arrangements at your own risk if the relevant item needs to be transported from the delivery location. We will not provide any unpacking, installation, fitting or waste removal services upon delivery unless otherwise agreed by us in writing.
5.8 We may deliver the Goods by instalments where it is necessary to do so. Each instalment shall constitute a separate contract between us and you. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
6. Cancellation, Returns & Refunds
6.1 The rights set out in this clause 6 will only apply to Consumers and not to Traders.
6.2 You may cancel your Order (or any part of an Order) and return the applicable Goods purchased from us by giving us notice of your cancellation within 14 days of the date of delivery to you. If you exercise this right before the Goods are delivered to you, it may be necessary for you to take delivery of the Goods before you cancel your Order if they have already been placed into our delivery process prior to us receiving your notice of cancellation.
6.3 You will lose your right to cancel an Order after the 14 day period referred to in clause 6.1 has expired. This does not affect your statutory rights if there is a defect discovered in relation to any of the Goods.
6.4 To exercise your right to cancel, you may inform us of your decision to cancel by post, telephone or email using the contact details provided in clause 15. You may also cancel by using the model cancellation form that is available at www.lux365.com/returns to cancel your order, but you are not obliged to do so.
6.5 On cancellation for whatever reason, you must return any Goods that have been delivered to you back to us (together with the original packaging) without undue delay and in any event within 14 days after the day of the cancellation, unless we agree that you may dispose of them. You must return Goods with all components that you received from us.
6.6 Following cancellation (subject to clause 6.6) we will refund you the price paid for the cancelled Order (or part of the Order that was cancelled).
6.7 You will be responsible for paying all of the costs incurred in returning the Goods to us.
6.8 We shall refund the amounts referred to in clause 6.5 within 14 days of the returned Goods being received by us. If the Goods were never delivered to you, then we shall refund such amounts within 14 days of a valid cancellation request being received by us. Our refund shall be transmitted to you using the same payment method that was used to originally pay for the returned Goods.
6.9 We reserve the right to make a deduction from the amount of the refund for loss in value of the Goods returned where the Goods show signs of unreasonable use; for these purposes, unreasonable use includes handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
6.10 Your right of cancellation does not apply to Goods which are not suitable for return due to health protection or hygiene reasons, if you have opened the product packaging after delivery. In addition, your right of cancellation will also not apply if Goods have mixed with other goods so that they are inseparable due to their nature.
6.11 We may, at our sole discretion, accept requests from you to cancel an Order after the 14 day period set out in clause 6.1 expires. However any such cancellation may be subject to us deducting certain restocking charges from any refund that we grant to you.
7. Faulty Goods
7.1 If any of your Goods are defective, then you need to notify us by post, telephone or email using the contact details provided in clause 15.
7.2 If we receive the notification of a defect within 30 days of the Goods being delivered to you then, subject to such defective Goods being returned, we will provide you with a full refund, unless you otherwise decide to have the Goods repaired or replaced.
7.3 If we receive the notification of a defect within six months of the Goods being delivered to you then, subject to such defective Goods being returned, we will either repair or replace the Goods.
7.4 You must return defective Goods without undue delay and return Goods with all components that you received from us.
7.5 In the case of Orders made by Consumers, if you are returning any Goods in accordance with clause 7.4 then upon us receiving such Goods, we will reimburse you:
- (a) the standard delivery charges that were paid, or an amount equal to the standard delivery charges if you elect to use a more expensive delivery method; and
- (b) all reasonable costs that you incur in delivering them back to us, subject to you providing us with a receipt demonstrating that such costs were incurred. This clause 7.5 right only applies to Orders made by Consumers, and shall not apply to Traders
7.6 If you are seeking to return any Goods in accordance with clause 7.4 we reserve the right to determine which of the following methods is used:
- (a) you post them back to us at LUX 365 Limited, Units 17 & 18 Wingates Industrial Estate, Barrs Fold Road, Bolton, Lancashire, BL5 3XP or
- (b) we collect them from you at the delivery address.
7.7 The rules in clause 6 relating to the returns of Goods do not apply if the Goods are defective.
8. Our right to terminate
8.1 We may suspend further supply or delivery, stop any Goods that are in transit or terminate an Order by notice in writing to you if you are in breach of any of these Terms or you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon termination, any Goods that you have already received from us shall be returned to us immediately.
9. Title and risk
9.1 Subject to clause 9.2, title and risk in the Goods shall pass to you on completion of delivery of such Goods.
9.2 If you are a Trader that has not yet paid for the Goods, then title shall pass once we receive payment in full in cleared funds.
9.3 If before title to the Goods passes to you, you become subject to any events listed in clause 8, without limiting any other right or remedy we have, we (or our appointed third party) may enter any premises of yours or any third party where the Goods are stored to recover them and you will provide us with all reasonable assistance that we may reasonably require in order to do so.
9.4 Until title to the Goods has passed to you, you shall, subject to clause 9.5:
- (a) store the Goods for which it has not paid separately from all other goods held by the you so that they remain readily identifiable as our property and are not incorporated into anything else;
- (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and
- (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
9.5 You may resell or use the Goods in the ordinary course of its business (but not otherwise) before you make payment for the Goods. However, if you resell the Goods before that time:
- (a) you do so as principal and not as our agent; and
- (b) title to the Goods shall pass from us to you immediately before the time at which resale by you occurs.
10. Intellectual property
10.1 You acknowledge that all Intellectual Property Rights used by or subsisting in the Goods are and shall remain the sole property of us or (as the case may be) the third party rights owner.
11. Limitation of liability
11.1 If you are a Consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of these Terms or our failing to use reasonable care and skill, but we are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 Regardless of whether you are a Consumer or Trader, we do not seek to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
- (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation; or
- (c) any breach of any legal rights you have in relation to the Goods.
11.3 If you are a Trader, subject to clause 11.2, we shall not be liable to you under any circumstances, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for:
- (a) any indirect, special, consequential or pure economic loss or damage;
- (b) any loss of profits, anticipated profits, revenue or business opportunities; or
- (c) damage to goodwill.
11.4 If you are a Trader, subject to clause 11.2 and 11.3, our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.
12. Force majeure
We shall have no liability to you for any delay in supply or delivery of Goods, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, mechanical failures, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition or restrictions of imports or exports).
13. Disposal of Electrical and Electronic Equipment
The WEEE regulations (January 2013) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). If you are a Trader, you agree that the collection, recovery/treatment and disposal of non-household electrical or electronic equipment purchased from us will be your responsibility. In the case of household waste, please take this waste to your nearest Designated Collection Facility (DCF) where special facilities exist for correct disposal. To find your nearest DCF please visit the following web site: www.recycle-more.co.uk. Failure to dispose of such electronic equipment at a DCF may result in damage being caused to the environment and/or human health.
14.1 Entire agreement Each Order (incorporating these Terms) constitutes the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.2 Severance If any provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this condition shall not affect the validity and enforceability of the rest of the Terms.
14.3 Consumer rights If you are a Consumer, nothing in these Terms shall affect your legal rights or remedies that you are entitled to exercise.
14.4 Governing law The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
14.5 Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Order or these Terms or its subject matter or formation (including non-contractual disputes or claims).
15. Contacting us
15.1 If you wish to cancel or discuss your order, make a complaint with respect to your order, or serve any other notice in accordance with these Terms, then please contact us by post at LUX365 Limited, Units 17 & 18 Wingates Industrial Estate, Barrs Fold Road, Bolton, Lancashire, BL5 3XP, by phone on 033 0365 0365 or by email at email@example.com Any notice sent to us by post shall be deemed to have been received by us on the second Business Day after posting. Any notice sent by email shall be deemed to have been received by us on the first Business Day after sending.
15.2 If you are unable to resolve a complaint by contacting us directly, you are able to submit your complaint via the European Union's Online Dispute Resolution Platform, managed by the European Commission. This is available at http://ec.europa.eu/odr.
16. Your privacy
Any personal data that you provide to us in the course of submitting an Order shall be processed by us in accordance with our Privacy Notice which is available at [insert URL].
17. Definitions and interpretation
17.1 Definitions In these Terms, the following definitions apply:
- Business Day a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
- Consumer means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
- Goods the goods (or any part of them) set out in the Order;
- Intellectual Property Rights patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
- Order your Order for Goods as made via our Website or on the telephone and subsequently confirmed by us to you via email;
- Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf;
- The website referred to in these terms and conditions is www.lux365.com
17.2 Interpretation in these Terms any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.