General Terms and Conditions for the sale of goods
This document provides information about who we are and the legal terms and conditions that apply to any product you order from us. Please read the terms carefully and in full before placing an order with us.
If you order a product from Lux Unique via any of our contact methods you will be deemed to have read, understood and agreed to our terms and conditions as set out below.
Information about LuxUnique
LuxUnique Limited own and operate this website. We are registered in the UK under company number 12871031.
Our registered office and primary place of business is at Harbrook House, Wrexham Road, Burland, Nantwich, Cheshire CW5 8ND.
In this document the following words shall have the following meanings:
- “Buyer” means the organisation or person who buys Goods from the Seller;
- “Seller” means LuxUnique Limited.
- “Goods” means the articles to be supplied to the Buyer by the Seller.
- “Price” means the price set out in the list of prices of the Goods maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;
- “Delivery date” means the date specified by the Seller when the Goods are to be delivered;
- “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
- These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or similar document.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.
- Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.
- Nothing in these Conditions shall affect the statutory rights of any Buyer dealing as a consumer.
- Any description given by the Seller in relation to the Goods is given by way of identification only
- Payment of the Price is due immediately upon placing an order.
- The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due. Interest will accrue on any late payments from the date due, until the date the payment is made, at a rate of 2% per annum above the base rate of the Bank of England from time to time.
- If payment of all or any part of the Price is not made to the Seller by the due date, the Seller shall be entitled to:_
- require payment in advance of delivery;
- refuse to make delivery of any undelivered Goods, whether ordered under the contract or not, and without incurring any liability to the Buyer for non-delivery or any delay in delivery;
- appropriate any other payments made by the Buyer for any other Goods as the Seller may see fit
- terminate the contract.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
- If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such time as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
- If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for dispatch whether prior to or after the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either dispatched to the Buyer or disposed of elsewhere.
- The Seller shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
- The Seller will only deliver items to addresses in the United Kingdom.
- The Buyer agrees to carefully inspect the Goods on delivery. If an item is delivered to the Buyer in a damaged condition, the Buyer agrees to sign for the delivery stating the Goods are “damaged”. The Buyer agrees to notify the Seller within 7 days of delivery of any damage to the Goods (time being of the essence). In any notification of damage, the Buyer agrees to provide the Seller with photographic evidence of within 7 days. Any notification of damage made following 7 days after delivery will result in the Seller being unable to proceed with a claim from its courier, and therefore any refunds or replacements would be at the sole discretion of the Seller.
- Large items may be delivered on a pallet. The Buyer acknowledges that pallet deliveries will be made kerbside only due to carrier restrictions.
- The Buyer acknowledges that delivery is not provided by Seller, but is outsourced to a third-party company. The Seller therefore accepts no liability for delays incurred during haulage that may lead to the Buyer incurring costs of any kind.
- The Buyer is exclusively responsible for ascertaining the use to which Goods will be put and for determining their ability to function for that purpose. The Seller will only supply a specification for the Goods and it is for the Buyer to determine whether such Goods are suitable.
- The Buyer is required to test Goods upon delivery and shall be deemed to have accepted the Goods 7 working days after delivery to the Buyer. Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 7 working days of delivery. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
- The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods.
- The Goods shall be at the risk of the Buyer once delivery has taken place.
Right to Cancel
- The Buyer has a legal right to cancel the contract with the Seller within 14 days of delivery of the Goods without reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. This right does not apply to bespoke Goods that the Seller has created to the Buyers specification or that are clearly personalised.
- The cancellation period will expire 14 days from the date on which the Buyer, or a third party indicated by the Buyer, other than the Sellers carrier, acquires physical possession of the Goods.
- To exercise the right to cancel, the Buyer must inform the Seller of their decision to cancel the contract by making a clear statement either in writing or by telephone. The buyer may wish to use the attached model cancellation form but it not required to do so:
- The Buyer may send communication concerning their desire to cancel the contract to the Seller before the cancellation period has expired.
- The Buyer has no right to cancel at any time if the order for Goods includes any modification or bespoke elements agreed at the order stage with the Seller once payment has been made.
Effects of Cancellation
- If the Buyer cancels their contract with the Seller within the 14 day period stated in clause 7, the Seller will reimburse the Buyer with all payments received from the Buyer.
- The Seller will make the refund to the Buyer without undue delay and not later than:-
- 14 days after the Seller is in receipt of the Goods returned from the Buyer at the buyers own cost; or
- 14 days after the Seller provides evidence that they have returned the Goods; or
- If there were no goods supplied; 14 days after the day on which the Buyer informs the Seller of their wish to cancel the contract.
- The Seller will refund any payments made by the Buyer using the same means of payment used for the initial transaction.
- The Seller reserves the right to withhold any refunds until they are in receipt of the Goods, or the Buyer has provided sufficient evidence to the Seller that the Goods have been returned. What constitutes “sufficient evidence” is at the sole discretion of the Seller.
- The Seller reserves the right to make a deduction from the refund due to the Buyer in respect of any cancelled contract to cover any loss in value of the Goods supplied, if such loss is as a result of actions taken by the Buyer resulting in unreasonable wear and tear and handling other than what is necessary to inspect the Goods and establish the functionality of the Goods.
- If the Goods are faulty, the Buyer may return the Goods to the Seller and the Seller will reimburse the Buyer with the full cost of the Goods plus any delivery charges incurred in returning the Goods to the Seller (excluding costs associated with returning a product in person). All consumers have legal rights in relation to faulty products or products sold not as described and these rights are not affected by the returns policy stated in this clause 9 or any other general terms of sale contained within this document.
Return of Products
- If the Buyer wishes to cancel the contract in accordance with Clause 7 above, then the Goods must be returned to the Seller within 14 days of the date that the Buyer exercised their right to cancel. The Buyer must arrange for the Goods to be returned to the Seller and the Buyer is responsible for all costs associated with return.
- Buyers must ensure any Goods returned are packaged in the same way as received, in order to prevent unnecessary damage to the product. The Buyer will be liable for any damage caused to the Goods in transit and the Seller reserves the right to make deductions for damaged Goods in accordance with clause 8.5 above.
- The Seller accepts no liability for any loss of profit, business or business interruption or opportunity due to the supply of its Goods.
- No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this Contract where such representations were made or given in relation to:-
- The correspondence of the Goods with any description or sample
- The quality of the Goods; or
- The fitness of the Goods for any purpose whatsoever.
- No liability of any nature shall be incurred or accepted by the Seller in respect of any express term of this contract where such a term related in any way to:
- The correspondence of the Goods with any description or sample
- The quality of the Goods; or
- The fitness of the Goods for any purpose whatsoever.
- Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law.
- For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused.
13. Limitation of Liability
- Where any court or arbitrator determines that any part of these Terms & Conditions of Sale is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the Price.
- Nothing contained in these Terms and Conditions of Sale shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
- Nothing in these terms and conditions affects the statutory rights of the Buyer.
Events outside the Sellers control (Force Majeure)
- The Seller is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the contract caused by events or circumstances outside the reasonable control of the Seller. Such events include but are not limited to acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, lockouts, accidents, breakdown of plant and machinery, shortage or unavailability of raw materials from a natural source of supply, or acts of central or local government or of any other competent authorities provided that:
- The Seller takes reasonable steps to minimise or prevent the delay or failure;
- In the event of a substantial delay, the Buyer may cancel their contract by notifying the Seller and the Seller will refund the Buyer all monies paid in connection with their cancelled order.
- If the Buyer has a dispute with the Seller, they should in the first instance contact the Seller at firstname.lastname@example.org and attempt to resolve the dispute informally. The Buyer may also write to the Seller at their registered office address which can be found on the website.
- All Buyers are able to access online dispute resolution, should a dispute not be resolved informally then Buyers can use dispute resolution or court action. Online dispute resolution can be access here:https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Intellectual Property Rights
- Where any Goods supplied by the Seller embody, include or contain computer program(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on the part of the Seller.
- The Buyer will indemnify the Seller against all liabilities for infringement of third party intellectual property rights arising from the Seller’s compliance with the Buyer’s specific requirements regarding design or specification for the Goods or arising from the use of the Goods in combination with other products.
- In the event that all the Goods or the use thereof (subject as aforesaid) are held to constitute an infringement of any intellectual property rights and the use is thereby prevented, the Seller will at its own expense and option either procure for the Buyer the right to continue using the Goods or replace the same with a non-infringing product, or modify the Goods so that they become non-infringing, or may elect to retake possession of the Goods and refund the Price. Subject to the foregoing, the Seller shall be under no liability to the Buyer for any loss, damage or enquiry, whether direct or indirect, resulting from any intellectual property right infringement of the Goods.
- All Intellectual Property Rights produced from or arising as a result of the performance of any contract shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
17. Independent Operation of Terms
- Each of the provisions of these Terms and Conditions of Sale operates separately. If any Court of competent jurisdiction or any other relevant authority decides that any of these Terms and Conditions of Sale are invalid, unlawful or unenforceable, then such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions of Sale had been agreed with the invalid, unlawful or unenforceable provision eliminated.
Updating Terms and Conditions of Sale
- The Seller may from time to time update the contents of this document. The version of this document that was in force at the time an order was placed will be the version applicable to the corresponding contract.
Rights of Third Parties
- The contract is made between the Buyer and Seller and no third party will have any rights to enforce any of its terms.
- These Terms and Conditions of Sale and any documents incorporating them or incorporated by them constitute the entire agreement and understand between the parties.
21. Law and Jurisdiction
- These Terms and Conditions of Sale shall be governed and construed in accordance with English Law.