WEBSITE TERMS AND CONDITIONS OF USE
- About the Website
- Welcome to www.Luxehome.Shop (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- The Website is operated by Luxehome.Shop PTY. LTD. (ABN 57640256800). Access to and use of the Website, or any of its associated Products or Services, is provided by Luxehome.Shop. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Luxehome.Shop reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Luxehome.Shop updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Luxehome.Shop in the user interface.
- Registration to use the Purchase Services
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
a. Email address
b. Preferred username
c. Mailing address
d. Telephone number
e. Delivery Address
2. You warrant that any information you give to Luxehome.Shop in the course of completing the registration process will always be accurate, correct and up to date.
3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
a. you are not of legal age to form a binding contract with Luxehome.Shop ; or
b. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
a. the Terms;
b. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
d. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Luxehome.Shop of any unauthorised use of your password or email address or any breach of security of which you have become aware;
e. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Luxehome.Shop providing the Purchase Services;
f. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
g. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Luxehome.Shop for any illegal or unauthorised use of the Website; and
h. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
2. Payment of the Purchase Price may be made through Stripe(the ‘Payment Gateway Provider’)
3. Following payment of the Purchase Price being confirmed by Luxehome.Shop , you will be issued with a receipt to confirm that the payment has been received and Luxehome.Shop may record your purchase details for future use.
4. Luxehome.Shop may, at their sole discretion, provide a refund on the return of the Products within 5 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Payment Options
i. Payment of your purchases can be made as follows:
- American Express
- Direct Deposit-EFT
ii. Internet Banking – Please ensure your Order Number is included as the Reference Number within your payment details area. This will assist us in identifying your order and processing it quickly. You can deposit the money directly into our bank account via electronic funds transfer.
Our account details are as follows:
Account Number: 164-2873
Reference: [Your Order Number].
6.1 PAYMENT SECURITY
(a) Your privacy and the security of your information is of paramount importance to us. All our online payments are processed using Stripe.
This online merchant is located in Australia
6.2 TITLE TO GOODS
The ownership of products remains with Luxehome.Shop until full payment for all supplied products has been received by Luxehome.Shop (including but not limited to any delivery charges).
7.1 Luxehome.Shop ‘s 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 of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘).
7.2 HOW TO MAKE A CLAIM
We strive to ensure that our goods meet or exceed your expectations on delivery. However, occasionally goods may not arrive in the condition that we intended them. If you need to make a claim for a refund, replacement or repair in respect of goods supplied by us, please follow the procedures set out below.
(a) If your products were damaged in transit
- In the unlikely event that you receive an item that has been damaged in transit, please contact us via email: firstname.lastname@example.org within 48 hours of discovering the damage and include your order number, description of the issues and clear photographs showing the damage. We will try to resolve the situation as soon as possible.
- Without limiting any statutory rights you may have (including those referred to in section 6.1 above), we may, as an alternative to offering a replacement, provide an alternative solution such as:
- contributing to the cost of having the item fixed locally based on quotations;
- compensation for you to repair the item yourself;
- giving you the item at a discount;
- sending you replacement/missing parts at no charge;
- offer a partial or store credit voucher or refund.
- we will arrange for the collection and return of any damaged item which we have agreed to refund or replace at our cost.
(b) If your goods have a manufacturer’s fault/flaw
- In the unlikely event that you receive an item that has a manufacturer’s fault or flaw, please contact us via email: shipping@Luxehome.Shop within 7 days of discovering the fault/flaw and include your order number, description of the issues and clear photographs that show the fault or flaw. We will aim to resolve the situation as quickly as possible for you.
- Without limiting any statutory rights you may have (including those referred to in section 7.1 above), we may, as an alternative to offering a refund or replacement, provide an alternative solution such as:
- contributing to the cost of having the item fixed locally based on quotations;
- providing a discount to compensate for any damage;
- sending you replacement/missing parts at no charge.
iii. We will arrange for the collection and return of any faulty or flawed item which we have agreed to refund or replace at our cost.
- Please note that we do not generally consider minor variations in colour, dimensions, finish or naturally occurring characteristics to be faults or flaws.
- This section does not affect or limit your rights under the Australian Consumer Law.
(c) If the incorrect item has been delivered to you
Please contact us via email: shipping@Luxehome.Shop within 48 hours of the delivery of an incorrect item. We will arrange for the collection of the incorrect item and delivery of the correct item. You will not incur any additional costs in this circumstance. Your replacement item will be delivered to you within the normal delivery time frame for that item. In the event the item ordered is unavailable, we will offer an alternative product, store credit or a full refund.
(d) Faults and warranty claims
- If an item arrives that is defective it will assist in any warranty claim if you take photos or video clearly illustrating the problem and contact us as soon as possible, ideally within 2 business days of your delivery.
- We will not be responsible for:
- insignificant minor imperfections or superficial blemishes;
- damage, wear and tear as a result of improper or lack of maintenance and/or care (eg fabric, leather or timber);
- insignificant minor variations in dimensions, colour, grain or finish;
- normal wear and tear;
- damage arising from improper assembly or modification;
- damage caused by you or damage arising from abnormal use or abuse;
- damage to external or product packaging only;
- damage occurring during your own handling and transportation of the item.
(e) If you change your mind
- We do not generally accept “Change of Mind” returns, refunds or exchange claims.
- In the event that you would like to return an item due to a change of mind, you must email email@example.com within 48 hours of receiving the goods. Any return on this basis is at ours’ and our supplier’s absolute discretion. If agreed, you are to arrange your own freight back to the supplier at your cost and at your risk.
iii. All items must be in new and unused original condition and boxed in all their original packaging for return. In the event that the item/s is/are damaged during the delivery back to the supplier, a credit will not be provided. We reserve the right to void the claim should the item/s not be in their original condition or packaging.
- Returning items may also incur a re-stocking and administration fee which will be discussed with you prior to the return of the goods.
- We reserve the right to only provide a store credit in exchange for returned goods. That store credit will be valid for 6 months, unless otherwise advised by us at the time we are considering your claim. The credit will include deductions for the actual delivery charge to originally deliver the item/s. This may vary from the charge on your original order as freight charges are subsidised by us.
7.3 METHOD AND PAYMENT OF REFUNDS
In the event we have agreed to provide a refund to you, this will be provided by electronic funds transfer to your nominated account, back to the account used in the original order or in any other way decided at our discretion.
7.4 CANCELLATION OF ORDER
If you cancel an order after we have placed your order with our supplier and/or after dispatch from the supplier’s warehouse, we will provide a store credit or refund less the costs referred to in section 7.4(a) below.
(a)The amount of a refund or store credit provided in connection with a cancellation includes deductions for actual freight charges incurred by us to deliver and return the item to the supplier (which may be higher than the delivery charges we subsidised on your original order) plus a restocking and administration fees.
You cannot cancel the following types of orders:
- any items which you have approved any faults or damage prior to dispatch.
- (b)Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
7.5 PRODUCT DESCRIPTION AND INFORMATION
- We rely on information provided to us by our suppliers to describe items on our website. Sometimes it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, whether before or after you have placed an order.
- In some cases the items we offer are handmade or made from natural or organic materials. In these cases there may be variations between the product image(s) and the product you receive. This will always be stated on the individual product listing.
- We try to ensure that all colours are displayed accurately, but colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error. This will be regarded by us as a change of mind and returning items based on change of mind will be at the expense of the customer (see section 7.2(e) “If you change your mind”).
- To the extent applicable at law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error free.
- In some cases our suppliers are unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any items from our website at any time and/or remove or edit any materials or content on our website.
- We will not be liable to you or any other third party by reason of our withdrawing any item from our website, whether it has been sold or not, removing or editing any materials or contents on our website.
i. You acknowledge that the Purchase Services offered by Luxehome.Shop integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers‘).
Our online shipping calculator at checkout is an estimate only. Once we have confirmed the safest and best way to deliver your items to you we will either ship your goods based on the shipping cost calculated at checkout or we will contact you to advise if the delivery cost is higher than calculated at check out. It is very difficult to calculate with absolute accuracy at checkout the actual cost of delivery due to the bulk nature of the goods we supply to our customers that often require a specialist delivery service. If the delivery cost is higher than quoted at checkout and you want to cancel your order as a result Luxehome.Shop Pty Ltd will offer you a full refund.
ii. In providing the Purchase Services, Luxehome.Shop may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Luxehome.Shop is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
In the event that an item is lost or damaged in the course of the Delivery Services, Luxehome.Shop asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
b. contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
9. Order Processing
What happens after payment is made? an email confirmation will be sent to the purchaser.
9.1 Processing your Order
- Luxehome.Shop will not process your order until full payment of the order has been received by us (in cleared funds).
- Once an order is placed you will receive an automated email confirming that we have received your order and processed payment. This email is provided for convenience only and is not a guarantee that the ordered goods are available or in stock. If a product is not available, we will contact you within 24 to 48 hours to advise you of the item/s not in stock and discuss the estimated time of arrival or an alternative product (if available).
- If you have paid for an item/s that have subsequently sold out or are not available and you do not wish to proceed with your order you will be offered a full refund or store credit.
- Product is estimated to leave our Partners warehouse in 72 Hours, unless otherwise advised by Luxehome.Shop.
- Delivery will not exceed 45 days unless in prior agreement with you, our customer. We will confirm in 0-2 days a more accurate delivery timeframe via email. If this meets with your approval the sale of goods will proceed however should you, the customer, not be happy with the delivery time frame you will be refunded 100% your funds.
- Luxehome.Shop will be in regular contact for shipping updates as they are to hand.
10. Copyright and Intellectual Property
- 1. The Website, the Purchase Services and all of the related products of Luxehome.Shop are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Luxehome.Shop or its contributors.
- Luxehome.Shop retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a. the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Luxehome.Shop ; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
- You may not, without the prior written permission of Luxehome.Shop and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. General Disclaimer
- You acknowledge that Luxehome.Shop does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
- Luxehome.Shop will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
- Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b. Luxehome.Shop will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website, the Purchase Services, and any of the products of Luxehome.Shop (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Luxehome.Shop , are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Luxehome.Shop (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Luxehome.Shop ) referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d. the Content or operation in respect to links which are provided for the User’s convenience;
e. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
- Luxehome.Shop ‘s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Luxehome.Shop is the resupply of information or Purchase Services to you.
- You expressly understand and agree that Luxehome.Shop , its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Luxehome.Shop is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Luxehome.Shop , by third parties or by any of the Purchase Services offered by Luxehome.Shop .
4. You acknowledge that Luxehome.Shop does not provide the Delivery Services to you and you agree that Luxehome.Shop will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
14. Termination of Contract
- The Terms will continue to apply until terminated by either you or by Luxehome.Shop as set out below.
If you want to terminate the Terms, you may do so by:
a. notifying Luxehome.Shop at any time; and
b. closing your accounts for all of the Purchase Services which you use, where Luxehome.Shop has made this option available to you.
Your notice should be sent, in writing, to Luxehome.Shop via the ‘Contact Us’ link on our homepage.
- Luxehome.Shop may at any time, terminate the Terms with you if:
a. you have breached any provision of the Terms or intend to breach any provision;
b. Luxehome.Shop is required to do so by law;
c. the partner with whom Luxehome.Shop offered the Purchase Services to you has terminated its relationship with Luxehome.Shop or ceased to offer the Purchase Services to you;
d. Luxehome.Shop is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
e. the provision of the Purchase Services to you by Luxehome.Shop is, in the opinion of Luxehome.Shop , no longer commercially viable.
- Subject to local applicable laws, Luxehome.Shop reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Luxehome.Shop ‘s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Luxehome.Shop have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Luxehome.Shop , its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c. any breach of the Terms.
16. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
a. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
c. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d. The mediation will be held in Gosford, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
17. Venue and Jurisdiction
The Purchase Services offered by Luxehome.Shop is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
18. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns
19. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.