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.
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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.
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.
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.
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.
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:
- Secure online credit card (Visa or MasterCard);
- Secure online credit card (Visa or MasterCard);
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.
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.
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.
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 firstname.lastname@example.org to receive a shipping quote.
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.
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.