Scope / Definition of Consumer
Our General Terms & Conditions shall become part of purchase agreements with the LUXMII concerning products offered on the internet page of the LUXMII. A consumer is defined as a party that concludes a contract for reasons that cannot be imputed to commercial nor self-employed professional activities.
2.1. Our offers concerning the range of goods are non-binding and subject to change without notice.
2.2. The order of the goods by the customer, which is placed by clicking the button “buy”, is considered a binding contract proposal. Upon receipt of the order, the customer shall receive an automated e-Mail confirming the receipt of the order placed, as well as the order details (Confirmation of Receipt). This confirmation of receipt does not constitute acceptance of contract. You are bound to your contract proposal and we are entitled to accept this contract proposal within 10 calendar days after receipt by us. The acceptance is made by an email with confirming the purchase contract acceptance or delivering the merchandise to the customer.
3. Right of Revocation for Consumers
You may declare the revocation of your contractual order in text form (e.g., letter, e-mail) or by returning the purchased goods within a period of fourteen (14) days.
The revocation period shall begin on the day you or a third party determined by you receive/receives the goods. The shipping company is not considered to be a third party determined by you.
To declare the revocation of your contractual order, you must send us: LUXMII, firstname.lastname@example.org an unambiguous statement (e.g., via mail or email) that you decided to revoke your contractual order.
In order to revoke your contractual order within the revocation period, it is sufficient that you send the revocation declaration within the revocation period.
Consequences of Revocation
We can withhold the reimbursement payment until we receive the returned goods or until you deliver to us a confirmation of the shipping of the goods, whichever is earlier.
You have to send or to deliver the goods forthwith and latest within 14 days from the day, on which we received your revocation declaration to the address provided to you by our Customer Service Team. In order to comply with this deadline, it is sufficient that you send the goods within this deadline.
You bear the immediate costs of shipping the goods back to us. However, we bear the risk of loss of the shipping. Our duty to bear the shipping costs resulting from other legal grounds shall prevail.
You are only obligated to compensate for material deterioration to the extent that the deterioration is attributable to handling the goods in a manner that goes beyond checking its characteristics and functionality. “Checking its characteristics and functionality” is understood to mean testing and trying out the merchandise as it is possible and customary in a physical retail establishment.
End of Revocation Instruction
4. Pricing and Shipment
Prices are shown in AUD, NZD & USD but will be charged in AUD. LUXMII list products for sale on its website as indicated. whilst we use our best endeavors to fulfil such orders, we cannot be held responsible if the products are not available at a given point in time. it is further noted that dispatch times indicated on our website are a guide and are not guaranteed dispatch times and should not be relied upon as such.
Payment is only accepted by means of the credit card types as shown and paypal. we are unable to process any other payment form.
alterations to terms & conditions
we reserve the right to make changes to our website, policies, terms and conditions at any time.
should you breach any terms or conditions, and we take no action against you, we shall be entitled to invoke our rights and remedies in any other situation where you breach these conditions.
7. governing law
the above terms and conditions are governed by the laws applicable of the state of Queensland in Australia. Both parties submit to the non exclusive jurisdiction of the QLD courts.
8.1. We are entitled, to a reasonable extent, to make partial deliveries/short shipments.
8.2. The delivery time depends on the Place and Country, to which the goods are to be delivered. In the event that an ordered item is not available, we will inform the customer without delay that the order is not available and refund any payments already undertaken for this merchandise.
9. Reservation of Proprietary Rights
We reserve the ownership of the delivered goods until full payment of the purchase price for the goods that has been rendered.
10. communications from us to you
if you have any queries or concerns relating to our website or our products or services or these terms and conditions please forward your query to the following email address:
[ email@example.com ]
if you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on our website or email us as indicated above simply stating: unsubscribe.
11. Liability for Damages
11.1. Our liability for damages, irrespective of legal ground (in particular in the cases of delay, defects or other breaches of duty) is limited to the contract coherent, foreseeable damages. For slight negligence we are only liable for breach of contractual obligations, whose fulfilment of the purpose of the contract is of special importance (cardinal obligations). Moreover, a liability for damages of any kind, irrespective of whatever basis for claim, is excluded. The limitations of liability shall also apply to the legal representatives, officers and other agents.
11.2. The above limitation shall not apply to our liability for willful misconduct or gross negligence, for injury to life, limb or health or according to the product liability law.
12. Data Privacy
This data is used for the following purposes:
- To process your purchases and other transactions
- To manage your orders placed on our site and their delivery as well as applicable warranties
- To ensure the security of your online transactions, to prevent fraud and payment defaults
- To manage and optimize the customer relationship
- To create and manage your account
- To validate your registration with our site
- To provide you with e-mail updates related to our brand, site, and/or products
- To verify information that you have provided to us
- To customize materials and advertising provided to you by us or via the site
- To fulfill your requests for products and services, including customer service and our Contact form
- To participate in surveys and promotions
- To analyze your interactions with the site in order to improve our site and products and services
- For the set-up, management and operation of the site (including upgraded versions thereof)
- To identify and protect against fraudulent transactions and misuse or unauthorized use of the site
- To initiate or respond to a subpoena, investigative demand, or other discovery request that is properly served pursuant to applicable law
- To comply with our legal obligations, policies and procedures, and for internal administrative and analytics purposes
- To take actions to protect and/or to defend our rights and property (including intellectual property)
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
PROTECTION OF USER INFORMATION
If you do not wish to be contacted by us you can follow the unsubscribe instructions that accompanies any contact e-mail. If you opt-out of certain contacts, we may still contact you about any problems or issues with your account, profile, or any purchases you have made on the site or from us. Please allow ten (10) business days from when your unsubscribe request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification or erasure of your data, or restriction of processing, and to object to said processing, as well as the right to data portability to the extent applicable. You can also oppose to the use of your data to build up your client profile; in this case you will no longer benefit from customized offers or services. These rights may be exercised directly with LUXMIIl by sending us a written request at firstname.lastname@example.org. You may be asked for proof of identity.
You have the following rights regarding the user information you have provided us:
- To review the user information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied us
- To request that you user information not be used to contact you (except as otherwise provided in these terms)
- To request that your user information be removed from any solicitation of ours
- To request that your user information be deleted from our records
- To opt out of being solicited by the site or third parties
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You agree that:
we may store cookies on your device; and we may issue and request cookies from your device to collect both personal and non-personal information.
You may disable cookies on your browser if you do not agree to the Cookies Policy. You agree that we may use, including but not limited to, following types of cookies:
authentication cookies; session cookies; persistent cookies; and flash cookies.
- improve the performance by reporting any errors that occur
- provide statistics about how the Website and Social Media is used
- remember settings that you use for our Website and Social Media
- identify and show that you are logged into the Website and Social Media
- link to social networks like Facebook and Instagram
- provide more suitable ads tailored to you.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information email us at email@example.com[/cq_vc_accordion_item][/cq_vc_accordion]