Terms and Conditions
These terms and conditions apply to the use of this website at luxegiftstore.com (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
These Terms will apply to the use of this Website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before you use this Website. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this Website. These Terms, and any Contract between us, are only in the English language.
These Terms may be amended from time to time as set out in clause 9 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products. These Terms were most recently updated on 29th June 2016.
(a) If you wish to communicate to us for any reason, our contact details are as follows: firstname.lastname@example.org
(b) If we need to communicate to you, or give you notice in writing, we will do so by email to the address you provide to us in your order. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send the email to us.
(c) Any references to "writing" or "written" in these Terms refers to email.
2 Our Products
2.1 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.
2.3 The packaging of the Products may vary from that shown on images on our Website.
2.4 We use the English language for personalisations if you require a different language or characters/accents email email@example.com and we will advise if we can provide this.
2.5 For all photos personalisations email a photo of 1000+ pixels to firstname.lastname@example.org and ensure the photo you send us can be resized to fit the product you require to be personalised.
2.6 We do not provide product warranties unless otherwise specified by the manufacturer.
3 Use of our Website
3.2 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
4.1 To register with the Website you must be over 18 years of age.
4.2 Each registration is for a single user only. We do not permit you to share your username and password with any other person nor with multiple users on a network.
4.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
4.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms.
5 How we use your personal information
6 Legal requirements to order from us
6.1 We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.
6.2 If we discover that you are not legally entitled to order certain Products, we reserve the right to cancel your order and will not be obliged to complete the order. We also reserve the right to cancel your account facilities immediately. If we cancel your account or your order, we will immediately refund to you any money that you have paid in respect of Products that we will not deliver to you.
7 Ordering from us
7.1 When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.
7.2 You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 7.3 below.
7.2 a Production lead times vary, allow 2-3 days plus despatch.
Please note: During busy times a week before Christmas, Valentine's Day, Easter, Mother's Day and Father's Day, delivery may extend to be more than 2-3 working days from despatch.
7.3 Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.
7.4 If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 15.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.
7.5 We may refuse to accept an order:
(a) where Products are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if we cannot meet your requested delivery date;
(e) if you do not meet any eligibility criteria set out in these Terms;
(f) if the order is to be delivered outside of the United Kingdom;
(g) if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or
(h) if we believe your order is for commercial or other non-domestic concerns.
7.6 We reserve the right to brand all of our Personalised Products.
8 Our right to make changes to these Terms
8.1 We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.
8.2 Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.
8.3 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular webpages of this Website.
8.4 If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
8.5 If we need to revise these Terms in relation to orders placed by you but not yet delivered, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9 Changing or cancelling an order for Personalised Products
9.1 If you have placed an order for a Personalised Product, you will only be able to change or cancel your order in the following circumstances:
(a) Unless you have selected the next day delivery option (see clause 9.1(b)), you will have one hour from the time that you place an order for a Personalised Product to change that order. The change may relate to amending a personalisation, colour, style, size or delivery instructions. After the one hour has passed, a Personalised Product will be sent for production and you will not be able to change that order (see clause 10.1). Your one hour will run from the time that you place your order and will run outside of normal business hours.
Example: if you place an order at 6.00pm on a Friday, you will have until 7.00pm on that same day to contact us to attempt to change your order for a Personalised Product. After 7.00pm, you will no longer be able to change your order for that Personalised Product and shall be charged for such Product.
(b) If you have opted for next day delivery, your order must be placed before 12.00pm to receive a Product the next day. If you place your order for a Personalised Product at 12.00pm or earlier, your one hour to cancel or change your order will run in the same way as outlined in clause 9.1(a) above. In the event that you place an order for a Personalised Product after 11.00pm, you will only have until the 12.00pm deadline to cancel or amend your order.
Example 1: if you place an order at 9.30am on a Tuesday, you will have until 10.30am on the same day to contact us to attempt to cancel or change an order for a Personalised Product. After 10.30am, you will no longer be able to cancel or change your order for that Personalised Product and shall be charged for such Product.
9.2 To change an order for a Personalised Product, please follow the instructions provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified in clause 9.1a above.
9.3 Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with clause 9.1a above.
10 Your consumer right of return and refund
10.1 Consumers have a legal right to cancel a Contract during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Further advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.2 However, this cancellation right does not apply in the case of:
(a) any Personalised Products that have been sent for production (see Clause 9.1)
(b) any perishable Products; and
(c) any audio recordings or video recordings or computer software which has been opened.
10.3 Your legal right to cancel will be for only non-personalised products, also referred to as unpersonalised products on this Website. The Contract starts from the date the Contract between us is formed (see clause 7.3). You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
10.3.1 Your Contract - is for a single Product (which is not delivered in instalments on separate days).
End of Cancellation period - The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
10.3.2 Your Contract - is for either of the following:
i one Product which is delivered in instalments on separate days; or
ii multiple Products which are delivered on separate days.
End of Cancellation period - the end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
10.3.3 Your Contract - is for the regular delivery of a Product over a set period.
End of Cancellation period - the end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
10.4 To cancel a Contract, you must contact us at email@example.com and advise the order number and order details and reason for cancelling.
10.5 If you cancel your Contract within the cancellation periods set out in clause 10.3 above, we will:
(a) refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products such as taking the products out from the presentation box and removing packaging, clothing items that have been clearly worn or assembled. Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this;
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us in accordance with clauses 10.9–10.11. If you have ordered a Product and you have paid a specialised delivery charge and successfully cancel your order for that Product before delivery takes place, we will refund the specialised delivery charge unless other Products are to be delivered in the order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website; and
(c) make any refunds due to you as soon as possible and in any event within the time periods indicated below:
(i) if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us see clauses 10.9-10.11 below; or
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
Return of Faulty Products
10.6 As a consumer, you have legal rights in relation to Products that are faulty. A faulty Product refers to an item that is broken or damaged ('not of satisfactory quality'), unusable (‘not fit for purpose’) or not what was advertised or doesn’t match the seller’s description.
If the Product you have ordered is faulty you have 30 days in which to receive a full refund. Please email firstname.lastname@example.org within 3 days with your order number, contact details and a photo showing the fault / damage and advise if you would like a replacement product or refund. Failure to do this will delay your return being processed.
When returning faulty items we may ask you to return goods and will advise the address to send the Product. On receipt luxegiftstore.com will reimburse the costs incurred*. luxegiftstore.com shall pay you a reasonable* postage amount for the return of the product. We normally ask that goods are sent back via First Class Royal Mail (Recorded Delivery) but it may be necessary for us to arrange to collect certain items via a courier.
* Please email a proof of postage costs so we can reimburse you the full amount.
*Please note that by reasonable we mean any delivery service equivalent to the cost of Royal Mail Recorded Delivery and up to a maximum value of £10. We regret that we will not be able to refund excessive postage costs (for example goods being sent by special delivery or by courier when this is not necessary). If the postage costs are going to exceed £10 please email us on email@example.com for further advice
After receipt of your goods we aim to issue refunds within 14 working days. The cost of your gift will be refunded to the payment method used to make the purchase. Please note refunds take 5 working days to clear from the point of processing.
10.7 We will refund you by the same method of payment that you used to place your order.
Our right to cancel
10.8 We reserve the right to cancel any order at any time and issue a full refund.
Returns and exchange
10.9 If a Product has already been delivered to you before you decide to cancel your Contract (which must be done in accordance with clauses 10.1–10.8 above), then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
10.10 Unless the Product is faulty or not as described (please see clause 10.6), you will be responsible for the cost of returning the Products to us.
10.11 Subject to you contacting us in accordance with clauses 10.3–10.4 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return including return address.
11.1 We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 25 for further details of our responsibilities in such an event.
11.2 We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.
11.3 If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received.
11.4 If no one is available at the delivery address given to accept the delivery, one of our carriers will leave you a card that the Products have been returned to our premises or the premises of any carrier which we use, in which case, please follow the instructions on the card to rearrange delivery. Please note that if you do not rearrange delivery, the Products will be returned to our premises.
11.5 Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.
11.6 You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 11.5.
11.7 If Products are not delivered within 30 days of the order being received as set out in clause 11.1 above (unless such delivery is delayed by an Event Outside Our Control), then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery period was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery period was essential.
11.8 If you do not wish to cancel your order straight away, you can contact us to give us a new reasonable deadline for delivery. If we fail to meet this new deadline, which must be reasonable, you may cancel your order.
11.9 If you wish to cancel your order for late delivery under clause 11.7 or clause 11.8 above, you may cancel the order for some or all of the Products, unless splitting the Products would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them (the cost of which we will pay). After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11.10 Our normal working hours are Monday to Friday 9.00am-5.00pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays.
11.11 Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain, EU and the rest of the world may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.
12 Our liability in relation to delivery
12.1 Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not receive
12.2 If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.
12.3 The majority of our Products are dispatched by Royal Mail. Therefore please be aware that:
UK Standard Delivery is Royal Mail tracked and estimated to be delivered in 2-3 working days, but is not guaranteed.
Next Day Delivery is guaranteed next working day tracked delivery by Royal Mail or Courier, available Mondays to Fridays, excluding public holidays and weekends.
For Next Day Delivery orders placed on a Friday before 12.00pm will be delivered on the following Monday. Orders placed after Friday 12.00pm, Saturday and Sunday will be delivered on the following Tuesday. Unfortunately we cannot deliver on a public holiday. In this instance please expect your delivery on the next working day.
Saturday Next Day Delivery guaranteed delivery tracked delivery by Royal Mail or Courier.
Orders are to be placed on a Friday before 12.00pm to be delivered on next day Saturday.
Please note: Next day delivery and Saturday Next Day Delivery to Northern Ireland, Overseas UK addresses and Northern Scotland will take up to 2 working days for delivery and may also carry an additional carrier charge, which we will advise on after ordering.
European Delivery is DPD Courier delivery and estimated to be delivered in 5-7 working days, but is not guaranteed.
European Delivery is currently available for the following countries only: Republic of Ireland, France, Germany, Belgium, Netherlands, and Luxembourg. For other countries, the International Delivery fee will be charged. Delivery may not be tracked depending on the country.
International Delivery is Royal Mail Airsure Standard Delivery and estimated to be delivered in 14 working days, but is not guaranteed.
International Delivery is currently available for most countries and may not be tracked depending on the country.
Please note the following:
(a) All deliveries are not guaranteed, please allow up to 30 days for delivery.
(b) If more than one product is delivered in a package we may need to charge more than the stated delivery rate on our Website, dependant on weight and will advise after the order is placed.
(c) Our carriers will normally deliver your parcel between 9am and 5pm but certain carriers may deliver later. Unfortunately, in some cases we may not be able to give you a more specific estimated time of delivery. A signature may be required on receipt. If you are not available to accept your parcel, the carrier may leave it with a neighbour, or in a safe place, if they think it is safe to do so. A calling card will be posted through your door to let you know this has been done. If the parcel cannot be left in a safe place or with a neighbour, the carrier will take it back to the local depot, and leave you a card telling you how you can pick it up.
12.4 Please note that import taxes and duties (customs charges) may need to be paid by you, please contact the Customs in the country you are planning to deliver to for more information about this.
13.1 If you have not received your Products, you must check with your local sorting office, even if you have not received notification from your postman that they are holding Products for you.
13.2 In the event you have not received your order, we must allow for the following timescales before we can take further action and attempt to claim back from the relevant carrier for lost Products:
(a) UK Standard delivery: 14 working days from date of dispatch.
(b) Next day delivery: 2 working days from date of dispatch.
13.3 In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.
14 Delivery charges
14.1 The price of a Product does not include delivery charges. Our delivery charges are as set out during the check-out process (before you confirm your order). To check relevant delivery charges, please refer to our Delivery Information webpage.
15 Price of Products
15.1 The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 15.4 for what happens in the event we discover an error in the price of any Products ordered.
15.2 All prices exclude VAT. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
15.3 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
16.1 If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
17.1 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us.
17.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with clause 20.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
17.3 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
17.4 Any rights not expressly granted in these Terms are reserved.
18 Service access
18.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
18.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
19 Your material and conduct
19.2 In uploading a photo to our email facility on the Website, you agree not to upload or print any images that will cause distress or offence to any person or which contains material as set out in clause 22.5. It is your responsibility to ensure that express permission for any images you use has been granted by the owner of any image. All photos are to be 1000pixels +
19.3 We reserve the right to refuse to process any order that may cause offence or distress to others and in such a case we will refund any payment made. We will not be responsible for any copyright infringement by the customer.
19.4 We will not be responsible or liable to you for any loss of material uploaded or transmitted through our Website.
19.5 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
19.6 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
20 Links to and from other websites
20.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
20.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of this Website;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
20.3 We expressly reserve the right to revoke the right granted in clause 20.2 at any time and to take any action we deem appropriate.
21.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
21.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.
22 Events Outside Our Control
22.1 We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 25.2).
22.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
22.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
22.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us on firstname.lastname@example.org If you decide to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
22.5 This also applies to Products sent direct from our manufacturers.
23 Our liability
23.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
23.2 We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.3 Nothing in these Terms shall exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
23.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Terms by you, or your use of this Website, or the use by any other person using your registration details.
24 Advertising and sponsorship
24.1 Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
25 Governing law and jurisdiction
25.1 These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
25.2 We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
26.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
26.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
26.3 Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.
www.luxegiftstore.com trading address: Popeshead Court Offices, Peter Lane, York YO1 8SU