Terms and Conditions
Welcome to www.luxiani.com, a website dedicated to the sales of watches online.
By visiting and browsing our website and/ or purchasing product(s) from us, you engage in our “Service”, and hereby consent to be lawfully bound by these terms and conditions (“Terms of Service”, “Terms”), when you access, browse, shop on, or use this website in any other way. Do not use this website if you disagree with any of the following terms in any way.
All information, tools and services that you may find on this website is available for your use contingent upon your total acceptance of all the terms and conditions, and policies described here, or as they may be changed/altered/updated later.
DEFINITION OF KEY TERMS
For these terms and conditions, the following phrases and words shall be construed to mean:
We/Us/Our: This refers to Luxiani
User/You: Used interchangeably, this shall mean the user of the website
Content: The information, content, tools or materials included on or otherwise made available to you through the website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software.
Terms/Terms of Service: Shall mean these terms and conditions
Website/Site: This means www.luxiani.com
Product/Merchandise: This shall mean watches and other accessories
Electronic Device: means any device used to access the website, whether this is a personal computer, public computer, i-pad, cellphone, tablet or any other device.
“Business Day” means any day other than a Saturday, Sunday or a public holiday in the “New Zealand” under the Holidays Act 2003 (NZ).
“Business Hours” means the hours of 8.30 am to 5.30 pm Wellington, New Zealand time on a Business Day.
“Force Majeure” means any event or condition not existing at the date of this Agreement, not reasonably foreseeable as of such date and not reasonably within the control of any party, which prevents in whole or in material part the performance by one of the parties of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable, including (but not limited to):
- war or warlike conditions, riot or civil commotion, terrorism, mobilisation, insurrections;
- import or export bans, blockades or embargoes;
- statutory or union contract reductions in working hours, strike or lockout or other labour conflicts; or
- natural catastrophe, earthquakes, storms, floods, fires, epidemics;
ACCEPTABLE USE OF THE SITE / GENERAL CONDITIONS
To be able to use our website and/or register for our services, you must be legal age, or 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 and you hereby declare that you are able to form legally-binding contracts.
You may access the Luxiani website only for your own personal, non-commercial use. We grant you permission to view, to download or to copy the contents and additional downloadable materials shown on the site for your personal use only. No title, interest or right in any material you download is transferred to you as a result of any such downloading or copying.
You agree that Luxiani reserves the right to refuse service to anyone at any time, and for any reason.
You may not use the site to spread content that encourages criminal offenses, or otherwise breaches any relevant laws or regulations. You also may not meddle with any other individual’s use of the website; or make, transmit or store electronic duplicates of materials protected by copyright without the consent of the owner. You may not use or attempt to use any device, software, or procedure to interfere with the proper working of Luxiani, or violate or attempt to violate the security of the website.
You hereby consent not to ill-use any part of the site for any illegal purposes such as propagating any illegitimate, harassing, slanderous, hostile, harmful, indecent, or otherwise obnoxious material. You may not misuse our website to collect or track the personal information of others, and are strictly prohibited from to spamming, phishing, or pharming any portion of the site.
If you are discovered to breach any of the provisions of these terms, you will be held solely responsible for any legal costs and losses arising out of your breach. We also may terminate your use of the website without any prior warning if you breach any of these terms.
We reserve the right to modify/alter or discontinue the Service at any time without notice to any user. We shall under no circumstances be liable to any user or any third-party for any alteration, price change, suspension or termination of the Service.
We make allowance for users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content.
When you upload any content to our site, you automatically grant Luxiani, a royalty-free, continuous, irreversible, unlimited, universal, nonexclusive license to use, replicate, create derivative works from, adapt issue, edit, convert, distribute, perform, and display the content material in any media or medium, or any form or manner now known or hereafter developed.
You hereby agree that we shall not be obligated in any way to maintain any comments in confidence; respond to any comments and/or; reimburse you for any comments.
With the exception of your credit card information, you understand and agree that we may transfer your content as unencrypted transmissions over various networks; and may change such content to adapt and conform to the technical requirements of such connecting networks or devices.
As a user of our services, you warrant that you will not submit/upload content that:
- Is in violation of any local, state, federal, or international laws;
- is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Luxiani in its sole discretion;
- solicits others to perform or participate in any unlawful acts;
- are advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Luxiani;
- are chain letters or pyramid schemes;
- impersonates another business, person or entity, including Luxiani, its related entities, employees and agents;
- infringes upon or violate our intellectual property rights or the intellectual property rights of others;
- contains viruses or other harmful computer code; or
- harasses, victimizes, intimidates, or degrades individual(s) on the basis of race, religion, gender, sexual orientation, age, ethnicity, or disability.
You are exclusively responsible for any content you submit and agree to indemnify Luxiani and its affiliates for all claims resulting from any such content that you submit.
We may, but are not in any way obligated to, monitor, remove or edit content that we determine to be objectionable or violates any party’s intellectual property or part or all of these terms.
We may exercise our right, in our sole discretion, to revise, move, or remove any content posted on Luxiani for any reason, including violation of these terms, whether for legal or other reasons.
COMPLETENESS, ACCURACY, AND TIMELINESS OF INFORMATION
You hereby agree that we shall in no way be held responsible for the completeness, accuracy and timeliness of the information made available on this site. We provide every material available on the www.luxiani.com website for general information only and these informational materials may not be relied upon or used as the primary basis for making decisions without consulting primary, more complete, more accurate, or timelier sources of information. You rely or depend on any material found on this website at your own risk.
Luxiani reserves the right to modify the contents of this web site at any time, but is not obligated to update any information on the website. You agree that it is your responsibility to monitor changes to our site.
Except otherwise stated, all materials, including pictures, graphics, designs, icons, pictures, video clips, written materials and every other material found on this site are copyrighted, trademarked, controlled or licensed by Luxiani, an affiliate or by third parties who have licensed their materials to Luxiani. All said materials are protected by New Zealand and international copyright laws.
Luxiani, our website, logos, page headers, button icons, scripts, and service names included in or made available through Luxiani are trademarks or trade dress of Luxiani.
TERMS AND CONDITIONS OF SALE
Below is our terms of sales, a legal contract between Luxiani and a purchasing customer. By placing an order, making a purchase, or otherwise shopping on our website, you accept this sale agreement and agree to be bound by it.
You hereby agree that this terms and conditions of sale represent the entire agreement between you and Luxiani relating to the purchase or sale of products on the site.
You also agree that the terms and conditions of this agreement are subject to change without prior notice.
Title of goods: Luxiani shall retain the title to goods herein being purchased until goods are paid for by the purchaser. We shall pass title to good purchased to you after full payment is made.
Cancelation of order/Limitation of sales: We reserve the right to cancel any order that is placed on the site if the ordered item is discontinued, out of stock, or becomes unavailable for any other reason. When we cancel an order, Luxiani will send the purchasing customer an email to that effect and will not charge for the order. If our order is cancelled after your payment account has been charged, we will re-issue a credit to your credit card to the value of the initial charge within 10 to 20 working days.We also reserve the right, and may exercise such, to limit the sales of our merchandise and/or Services to any individual, or geographical region, and will exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer.
Pricing information: All prices listed on the website are quoted in New Zealand dollars. New Zealand customers will be charged in New Zealand Dollars. Australian customers will be charged in Australian Dollars after the currency conversion. Pricing is subject to change without prior notice.
Debit/Credit Cards: Debit/credit card charges are processed online after the order process is complete.
Taxes/customs and other charges: We are required to collect taxes under New Zealand law. Taxes will be added as a separate charge and will be listed along with the price when you checkout. Unless otherwise stated, prices for items ordered on Luxiani do not include custom costs and other charges.
Billing and account information: As a customer, you agree to provide only current, complete and accurate purchase/account information for all orders made on our website. You also agree to quickly update your account and other information, with the inclusion of your email address and credit card numbers and expiration dates, to enable us complete your transactions and contact you as needed.
Colours: We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We however cannot guarantee that your computer monitor’s display of any colour will be accurate.
Cancelation: We’re very efficient at processing and packing orders. Unfortunately, no changes can be made after the order has been placed. This includes changes to the delivery option, delivery address, payment method or the products in the order. However, there might be enough time to cancel your order and create a new one. If you wish to do so, please submit a request to Customer Support ASAP and we will cancel your order if it hasn’t been processed and packed yet.
Delivery and acceptance of goods: We will deliver the goods in accordance with the delivery option selected by you during the order process. Please be advised that delivery timescales quoted to you are indicative only. We will not be held liable for delayed delivery caused by any third party. You must examine goods delivered upon receipt, and we will deem you to have accepted such goods except you notify us that you have cancelled the order and/or return the goods in accordance with our return policy. If you do not take any such action, we shall not be under any obligation to accept any rejection of the goods at a later date.
Our Agreement under unforeseeable circumstances: Luxiani’s obligations, and yours:
In the event of a Force Majeure, where either party is partly or wholly prevented or delayed from performing its obligations under this Agreement, the affected party will:
- Not be liable under this Agreement for any non-performance as the result of a Force Majeure
- Make all reasonable efforts to remove the Force Majeure as soon as practicable, but shall not be liable to resolve any labour dispute that may have arisen, on terms not reasonably acceptable to that party
- Advise the other party regarding the existence of the Force Majeure and its likely duration, and of the likely duration of any other consequent delays and relevant events (in the opinion of that party)
LINKS TO THIRD PARTY SITES
For the sake of convenience, Luxiani may provide links to websites of other companies, e-commerce websites and other third party sites. Users may not take the presence of such links as an endorsement of the content, procedures, products and/or services, of that third party website, except specifically stated. Your access and use of such third party sites is at your own risk, and we recommend that you check third party website’s terms and conditions of use before using them. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
There may sometimes be information on our web site that contains inaccuracies or omissions and/or typographical errors that may relate to product descriptions, pricing, promotions, offers, shipping charges, availability and transit times. We reserve the right to correct any errors, omissions or inaccuracies, and to modify or update information and/or cancel orders to rectify the inaccurate information at any time without prior notice to you.
DISCLAIMER/ LIMITATION OF LIABILITY
THE LUXIANI WEBSITE IS PROVIDED BY LUXIANI ON AN “AS IS” BASIS, AND WE MAKE NO REPRESENTATIONS OR ASSURANCES THAT IT WILL SATISFY YOUR EXPECTATIONS OR MEET YOUR REQUIREMENTS. YOU MAY BE UNABLE TO BROWSE THE SITE AND/OR USE SOME PARTS OF OUR SERVICES IF YOUR COMPUTER/ BROWSING DEVICE DOES NOT SUPPORT ENCRYPTION.
SINCE THE SITE IS GAINED ACCESS TO THROUGH THE WORLD WIDE WEB, WHICH IS AUTONOMOUS OF US, YOUR USE OF THE INTERNET IS SOLELY AT YOUR OWN HAZARD AND SUBJECT TO ALL APPROPRIATE COUNTRY AND INTERNATIONAL LAWS AND RESTRICTIONS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, DIRECT OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, AND MATERIALS DISPLAYED ON THE WEBSITE.
WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT RESTRICTED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. WE SHALL BEAR NO LIABILITY FOR ANY LOSS/DAMAGE (BE THEY DIRECT, SECONDARY, RELATED, PENAL, OR FAR-REACHING) IN CONNECTION WITH YOUR USE OF THIS SITE.
WE WILL NOT HAVE ANY LIABILITY TO YOU OR A THIRD PARTY, WHETHER EMERGING OUT OF OR REGARDING ORDERED ITEMS AND/OR SERVICES INCLUDING BUT NOT LIMITED TO PHONE, HARDWARE OR SOFTWARE, ELECTRONIC, NETWORK, INTERNET, EMAIL, OR COMPUTER MALFUNCTIONS, FAILURES OR DIFFICULTIES OF ANY KIND; TRUNCATED, INCOMPLETE, DISTORTED OR TARDY COMPUTER AND/OR EMAIL TRANSMISSIONS; OR ANY CONDITION/EVENT BROUGHT ABOUT BY EVENTS BEYOND OUR CONTROL THAT MAY CAUSE SERVICES TO BE LATE, DISRUPTED, OR DEBASED; ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH, OR AS A RESULT OF, USING PRODUCTS AND LUXIANI.
WE WILL NOT HAVE ANY OBLIGATION TO YOU OR ANY OTHER INDIVIDUAL, FOR ANY MATTERS OUTSIDE OUR CONTROL; OR ANY UNFORESEEABLE MISFORTUNES OR HARMS.
NOTHING INCLUDED IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LEGAL RESPONSIBILITY FOR DEATH OR INJURY ARISING FROM CARELESSNESS, DECEPTION, OR ANY OTHER LIABILITY WHICH MAY NOT BE RESTRICTED OR EXEMPTED BY LAW, OR AIMED AT AFFECTING YOUR STATUTORY RIGHTS AS A CONSUMER.
IN THE EVENT THAT CERTAIN APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU.
IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS FOUND TO BE INVALID BY A NEW ZEALAND COURT HAVING EXPERT JURISDICTION, THE INVALIDITY OF THAT ONE PROVISION SHALL NOT AFFECT THE ENFORCEABILITY/VALIDITY OF THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS OF USE. THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to shield, indemnify and hold Luxiani, and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, innocent against any and all claims, expenses and fees (including but not limited to legal fees), and damages in connection to your use of the website.
These terms of service are governed by laws of New Zealand, and you consent to submit to the jurisdiction of its courts.
You agree that these Terms of Service and any of our other policies uploaded by us on this site constitutes the entire and total agreement between you and Luxiani and govern your use of the Service. It supersedes any previous or concurrent agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
All ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You agree that our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
CHANGES TO TERMS OF SERVICE
Both you and Luxiani have the right to terminate this agreement with notice, and these terms are effective unless and until so terminated.
Luxiani may also terminate this Agreement at any time and without notice if you are not in full compliance with any term or provision of this Agreement.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.