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Terms & Conditions


All Pur­chas­es and use of the LUX dog design web­site is con­di­tion­al upon the accep­tance of the Terms and Con­di­tions out­lined below. Any use of the web­site shows your accep­tance of these Terms and Con­di­tions.

For issues relat­ing direct­ly to your online secu­ri­ty, please click here.

Terms & Con­di­tions
luxdogdesign.com (“LUX Dog Design”)
Terms & Con­di­tions of LUX Dog Design Web­site
Last updat­ed 30th April 2011

This Web­site is owned and oper­at­ed by Bren­da Loeck­er (ABN 75 133 135 450), trad­ing as LUX Dog design.

Terms and Con­di­tions

1. The fol­low­ing Terms and Con­di­tions gov­ern the use of the LUX Dog Design (“LUX”) Web­site (“Site”), the mate­ri­als and infor­ma­tion con­tained there­in and relat­ed ser­vices made avail­able to you via this Site, togeth­er with all pur­chas­es made from LUX (“Terms and Con­di­tions”). By click­ing on the “I Accept” but­ton when mak­ing a pur­chase, and / or by using this web­site, you agree to be bound by these Terms and Con­di­tions. If you do not agree to these Terms and Con­di­tions, please do not vis­it or use the Site.

2. LUX may from time to time change this Site (includ­ing these Terms & Con­di­tions of use). Please read these Terms and Con­di­tions and re-read before sub­se­quent use. In the event of change(s) to these Terms and Con­di­tions that you do not agree with you must imme­di­ate­ly stop using the Site.

Gen­er­al Dis­claimer

3. Your use of and brows­ing of the Site are at your own risk. Nei­ther LUX, its rep­re­sen­ta­tives, asso­ci­at­ed agents nor any oth­er par­ty involved in cre­at­ing, pro­duc­ing or deliv­er­ing the Site is liable for any direct, indi­rect, inci­den­tal, con­se­quen­tial, or any oth­er dam­ages aris­ing out of your access to, or use of, the Site or any linked web­site, how­so­ev­er caused (includ­ing by neg­li­gence). This gen­er­al dis­claimer is not restrict­ed or mod­i­fied by any of the fol­low­ing spe­cif­ic warn­ings and dis­claimers.

4. To the extent per­mit­ted by law, nei­ther LUX nor its asso­ci­at­ed agents will be liable in con­tract, neg­li­gence or oth­er­wise for any direct, indi­rect, spe­cial, con­se­quen­tial or puni­tive loss or dam­ages or any loss or dam­ages what­so­ev­er, as a result of goods or ser­vices sup­plied by LUX under these Terms and Con­di­tions.

Exclu­sion of Lia­bil­i­ty and Over­all Dis­claimer

5. The mate­ri­als and infor­ma­tion pro­vid­ed and con­tained on this Site and relat­ed com­mu­ni­ca­tions are pro­vid­ed on an “as is” basis. LUX assumes no respon­si­bil­i­ty for, and makes no rep­re­sen­ta­tions or war­ran­ty, express or implied, to you or any oth­er enti­ty with respect to the accu­ra­cy of the infor­ma­tion con­tained on this Site.

6. Sub­ject only to any non-exclud­able pro­vi­sions in the Trade Prac­tices Act 1974 (Aus­tralia), LUX express­ly dis­claims any implied or express war­ranties or con­di­tions of any kind, includ­ing war­ranties of mer­chantable qual­i­ty, fit­ness for a par­tic­u­lar pur­pose, or non-infringe­ment of intel­lec­tu­al prop­er­ty rights relat­ing to infor­ma­tion or mate­ri­als acces­si­ble from or on this Site and goods or ser­vices sup­plied by LUX under these Terms and Con­di­tions. LUX shall not be liable to you for any direct or indi­rect dam­age includ­ing, but not lim­it­ed to, spe­cial, indi­rect, con­se­quen­tial or inci­den­tal dam­ages, loss of prof­its or rev­enue, busi­ness inter­rup­tion, loss of pro­grams or oth­er data on your infor­ma­tion sys­tems or cost of replace­ment goods, and includ­ing, but with­out lim­i­ta­tion, loss or dam­ages result­ing from or aris­ing out of or in con­nec­tion with:

6.1. use of or reliance on the mate­ri­als or infor­ma­tion pre­sent­ed on this Site;

6.2. goods or ser­vices sup­plied by LUX in accor­dance with these Terms and Con­di­tions;  and/or

6.3. a fail­ure or omis­sion by LUX to com­ply with its oblig­a­tions under these Terms and Con­di­tions

7. These Terms and Con­di­tions are effec­tive until ter­mi­nat­ed by LUX and LUX may ter­mi­nate this agree­ment and your access to the Site at any time with­out notice. In the event of ter­mi­na­tion you are no longer autho­rised to access the Site, but all restric­tions imposed on you and all dis­claimers and lim­i­ta­tions of lia­bil­i­ty set out in the Terms and Con­di­tions will sur­vive.

8. LUX does not rep­re­sent that any infor­ma­tion (includ­ing any file) obtained from or through the web­site is free from com­put­er virus­es or oth­er faults or defects. It is your respon­si­bil­i­ty to scan any such infor­ma­tion for com­put­er virus­es. LUX will not be liable to you for any dam­ages (direct, indi­rect, con­se­quen­tial, eco­nom­ic or oth­er­wise) to, or virus­es that may infect, your com­put­er equip­ment or oth­er prop­er­ty on account of your access to, use of, or brows­ing of the Site or the down­load­ing of any mate­ri­als, data, text, images, video, audio or oth­er data of any kind from the Site, how­ev­er caused and whether by neg­li­gence or oth­er­wise.

9. Any lia­bil­i­ty of LUX in con­nec­tion with goods sup­plied to you will, sub­ject to any non-exclud­able lia­bil­i­ty for breach of con­di­tions or war­ranties implied by leg­is­la­tion and to the max­i­mum extent per­mit­ted by law, at the elec­tion of LUX be lim­it­ed to the replace­ment or repair of the goods, the sup­ply of equiv­a­lent goods, the pay­ment of the cost of replac­ing or repair­ing the goods or the pay­ment of the cost of obtain­ing equiv­a­lent goods.

Pri­va­cy Pol­i­cy

10. It is your respon­si­bil­i­ty to read and famil­iarise your­self with the Lux Pri­va­cy Pol­i­cy please click here to the LUX Pri­va­cy pol­i­cy

11. You must not use this site if you are under the age of 18 and do not have the con­sent of your par­ent or guardian. Your par­ent or guardian must read and agree to the LUX Pri­va­cy Pol­i­cy and Terms and Con­di­tions.

12. You acknowl­edge and agree that we have the right to access and dis­close your infor­ma­tion in order to com­ply with applic­a­ble laws and law­ful gov­ern­ment requests, and to pro­tect LUX or its users.

13. We will share your per­son­al data with com­pa­nies and organ­i­sa­tions for the pur­pose of enabling us to per­form cred­it checks and you here­by con­sent to us doing so.

14. You should not send any infor­ma­tion or mate­r­i­al that you con­sid­er to be con­fi­den­tial or pro­pri­etary, to LUX or any oth­er per­son, through this Site. Any infor­ma­tion or mate­r­i­al sent to LUX at, or through this Site, save for your name and con­tact details, is deemed to be not con­fi­den­tial. You are deemed to grant to LUX an unre­strict­ed, irrev­o­ca­ble licence to use, repro­duce, dis­play, per­form, mod­i­fy, trans­mit and dis­trib­ute all mate­ri­als or infor­ma­tion sent by you to or through this Site. LUX is free to use any ideas, con­cepts, know-how or tech­niques that you send to LUX, for any pur­pose.

Copy­right / Trade­mark

15. You must com­ply with all pro­pri­etary and copy­right notices on this Site. This Web­site is owned by LUX, and sub­ject to copy­right. The infor­ma­tion on this Site is pro­tect­ed under Aus­tralian copy­right laws. Sub­ject to pro­vi­sions of the Copy­right Act 1968 (Aus­tralia), and to clause 16 below, you must not in any form or by any means:

15.1. copy, adapt, repro­duce, broad­cast, store, trans­mit, dis­trib­ute, print, pub­lish or cre­ate deriv­a­tive works from any infor­ma­tion or mate­r­i­al on this Site;

15.2. alter, decom­pile, dis­as­sem­ble, reverse engi­neer or mod­i­fy any mate­r­i­al or infor­ma­tion that you receive from this Site which can be accessed through this Site; and / or

15.3. use or apply, for com­mer­cial pur­pos­es any mate­r­i­al or infor­ma­tion on this Site, with­out the pri­or writ­ten con­sent of LUX.

16. LUX grants per­mis­sion to dis­play, copy, dis­trib­ute, down­load, and print in hard copy por­tions of this site sole­ly for the prop­er and rea­son­able pur­pos­es of plac­ing an order with LUX and / or using the site as a shop­ping resource, pro­vid­ed that the use is non com­mer­cial, you do not mod­i­fy the Site and LUX retains all copy­right and pro­pri­etary inter­ests to the con­tent con­tained on the Site.

17. Any soft­ware you down­load from this Site is gov­erned exclu­sive­ly by the licence terms accom­pa­ny­ing the file or the terms of the licence agree­ment which accom­pa­nied the orig­i­nal prod­uct licensed by you which you are updat­ing, and by down­load­ing such soft­ware you agree to abide the terms of that licence. You must not repro­duce or redis­trib­ute any soft­ware oth­er­wise than in accor­dance with the rel­e­vant soft­ware licence.

18. LUX will not be held respon­si­ble for any mis­use by you of any soft­ware down­loaded from this Site.

19. All trade­marks, brands and names appear­ing on this Site are the prop­er­ty of their respec­tive own­ers. Noth­ing con­tained on this Site should be con­strued as grant­i­ng any licence or com­mer­cial right of use of any trade­mark or part of any trade­mark dis­played on the Site with­out the express writ­ten per­mis­sion of LUX.

Your Activ­i­ty

20. You use this Site at your own risk. You agree that you will be per­son­al­ly respon­si­ble for your use of this Site and for all of your com­mu­ni­ca­tion and activ­i­ty on this Site.

21. We reserve the right to deny you access to this Site, or any part of this Site, at any time with­out notice. If we deter­mine, in our sole dis­cre­tion, that you engaged in pro­hib­it­ed activ­i­ties, were not respect­ful of oth­er users, or oth­er­wise vio­lat­ed the Terms and Con­di­tions, we may deny you access to this Site on a tem­po­rary or per­ma­nent basis and any deci­sion to do so is final.

22. By enter­ing the Site, you agree to indem­ni­fy LUX  from and against all actions, claims, suits, demands, dam­ages, lia­bil­i­ties, costs or expens­es aris­ing out of or in any way con­nect­ed to the use of the Site by you.

Secu­ri­ty

23. LUX Dog Design uses secure servers to pro­tect your per­son­al infor­ma­tion includ­ing your name, address and cred­it card details. When you enter your cred­it card num­ber and sub­mit your order, it is trans­mit­ted across the Inter­net using Secure Sock­ets Lay­er (SSL) 128 bit encryp­tion. We trust our secu­ri­ty mea­sures will sat­is­fy any secu­ri­ty con­cerns and we wish you a very enjoy­able LUX Dog Design shop­ping expe­ri­ence.

24. Encryp­tion scram­bles the infor­ma­tion trans­mit­ted across the inter­net. When you enter the secure areas of our web­site you will see a pad­lock sym­bol in your sta­tus bar or note the web address being pref­aced with “https”, indi­cat­ing you are in a secure page. If you do not see this pad­lock sym­bol we rec­om­mend that you do not con­tin­ue to use the site and con­tact us imme­di­ate­ly.

Orders and Deliv­ery

25. Any order placed by you in accor­dance with the pro­ce­dure for orders for this Site, con­tained in Clause 28 below, is an offer by you to pur­chase a par­tic­u­lar prod­uct for the price (includ­ing the deliv­ery and oth­er charges and tax­es) spec­i­fied in this Site at the time you place your order on these Terms and Con­di­tions.

26. LUX reserves the right to accept or reject your offer for any rea­son what­so­ev­er, includ­ing but not lim­it­ed to the unavail­abil­i­ty of any prod­uct, an error in the price or the prod­uct descrip­tion post­ed on this web­site, or an error in your order. In the event that your offer has been reject­ed you will be noti­fied at our ear­li­est con­ve­nience on your con­tact details pro­vid­ed.

27. Your con­tract with LUX will come into exis­tence when LUX for­wards to you the con­fir­ma­tion of receipt of order and pay­ment.

28. To place an order, select the items you would like to pur­chase and have added them to your shop­ping bag. To pro­ceed to pay­ment, click the “check out” but­ton. Enter your details to enable your order to be placed. Your details need to be filled in cor­rect­ly and com­plete­ly, as this will affect whether or not your cred­it card will be accept­ed.

29. You must pro­vide phys­i­cal ship­ping address with your order. PO Box­es will be allowed only if a phys­i­cal address is giv­en and can be con­firmed by LUX. You will be asked to select your pre­ferred method of deliv­ery and any spe­cial order or deliv­ery instruc­tions. LUX will pass any spe­cial deliv­ery instruc­tions to the rel­e­vant postage oper­a­tor but please note that LUX can­not guar­an­tee that these deliv­ery instruc­tions will be adhered to. Please note that the LUX Dog Design Feed­ers will be deliv­ered by couri­er only. You may select a couri­er deliv­ery ser­vice for any orders, even those not includ­ing the LUX Feed­er. For all couri­er deliv­ery, you are required to pro­vide a suit­able day-time ship­ping address, where some­one will be avail­able to take receipt of the order and pro­vide a sig­na­ture.

30. Next, you may select your pay­ment method:

Aus­tralian Orders:

  • Secure online cred­it card (Visa or Mas­ter­Card);
  • Pay­Pal;

Inter­na­tion­al Orders:

  • Secure online cred­it card (Visa or Mas­ter­Card);
  • Pay­Pal

31. The deliv­ery cost options will be out­lined in your shop­ping cart for review and selec­tion before you are asked to con­firm final pay­ment by click­ing the ‘Check­out’ but­ton. By press­ing the ‘sub­mit pay­ment’ but­ton you are agree­ing to the postage costs and returns pol­i­cy con­tained in our Return, Exchange and Refund pol­i­cy. Once your order has been processed, an order noti­fi­ca­tion mes­sage will appear. We rec­om­mend that you print this page for your records. A copy of this invoice will also be emailed to you.

Pay­ment Meth­ods

32. Cred­it Cards accept­able to LUX are Visa and Mas­ter­Card. At LUX Dog Design we take cred­it card fraud very seri­ous­ly. Any fraud­u­lent use of cred­it cards will be report­ed to the rel­e­vant author­i­ties. This includes pro­vid­ing invalid or incor­rect cred­it card infor­ma­tion delib­er­ate­ly.

33. LUX reserves the right to con­tact any cus­tomer pri­or to accept­ing an order, to con­firm any part of the order, includ­ing deliv­ery and billing address. LUX Dog Design may require addi­tion­al proof of iden­ti­ty, includ­ing a sig­na­ture pri­or to an order being accept­ed, and a sig­na­ture upon receipt of goods.

Prices

34. Prices of prod­ucts, ser­vices, deliv­ery and oth­er charges dis­played on this web­site are cur­rent at the time of issue and include GST. Prices are sub­ject to change with­out pri­or notice.

35. You are respon­si­ble for any tax­es, duties or oth­er lia­bil­i­ties imposed by any gov­ern­men­tal agency, includ­ing with­out lim­i­ta­tion, any cus­toms duty, goods and ser­vices tax­es or any val­ue added tax imposed on any prod­ucts or ser­vices acquired or ordered by you from this web­site.

Deliv­ery

36. For Inter­na­tion­al deliv­ery costs please click here.

37. For Aus­tralian orders under $200 in total, we offer a flat ship­ping rate $5.00 for a Gift Card and all oth­er prod­ucts have a $8.50 flat rate ship­ping charge per sin­gle order.

38. For Aus­tralian orders that are $200 or more we offer FREE ship­ping. This excludes the LUX Feed­ers.

39. LUX Feed­ers ship­ping rate will be quot­ed based on geo­graph­i­cal area. If you are inter­est­ed in a LUX feed­er please email us at sales@luxdogdesign.com to receive a ship­ping quote.

Gift Cards

40. Your LUX Gift Card may only be used to make pur­chas­es up to the Remain­ing Card Val­ue. If you wish to make a pur­chase for an amount that exceeds the Remain­ing Card Val­ue, you must pay the excess using anoth­er pay­ment method.

41. Your LUX Gift Card will be valid for use for 12 months from the date of issue. Any bal­ance that remains on a Gift Card will not be avail­able for use after the card’s expiry date.

42. Treat your LUX Gift Card like cash. Lost or stolen cards will not be replaced or refund­ed.

43. The LUX Gift Card is not trans­fer­able.

44. The LUX Gift Card is not a charge card or cred­it card and can only be redeemed on the LUX Dog Design web­site: www.luxdogdesign.com.

Refunds, Returns and Can­cel­la­tions

45. The cir­cum­stances in which LUX will accept returns of goods and / or make a refund is detailed in its Refund and Exchange Pol­i­cy, click here to find out more. The Refund and Exchange Pol­i­cy here­by forms a part of these Terms and Con­di­tions.

46. An order may be can­celled at any time pri­or to the goods leav­ing the LUX Dog Design Premis­es. We regret once an order has been shipped it may not be can­celled.

Applic­a­ble law

47. These Terms and Con­di­tions shall be gov­erned by and con­strued in accor­dance with the laws of the State of West­ern Aus­tralia, Aus­tralia. You agree to sub­mit to the non-exclu­sive juris­dic­tion of the courts of the State of West­ern Aus­tralia, Aus­tralia.