FOR RESIDENTS OF THE EUROPEAN UNION (EU) AND THE UNITED KINGDOM (UK) ONLY
Effective Date: 12/3/022
These Terms of Purchase for the United Kingdom ( "UK Terms of Purchase" ) are the contractual basis for any purchase or other transaction you enter into on or through our website or apps if you are located in the United Kingdom (the "UK" ). The UK Terms consist of the General Terms & Conditions (sections A. 1 - A. 13), and the Special Terms of Purchase (sections B. 1 - B. 11).
A. 1. SCOPE.
These UK Terms of Purchase apply to any transaction (including purchases) you make on or through the website located at LUEXCO.shop and LUEXCO.com (the "Sites" ) or via the related LUEXCO mobile applications (the "Apps" ).
A. 2. DEFINITIONS.
When you buy a product or multiple products through our Site or Apps we will be speaking of "Purchases".
"Agreement" shall mean the purchase contract concluded between you and the Company based on these UK Terms of Purchase.
"Force Majeure" shall mean events that are beyond our reasonable control.
A. 3. AGE REQUIREMENTS AND ACCEPTANCE.
(1) You must be at least 16 years old to shop with us.
A. 4. UPDATES.
(2) Notwithstanding the aforesaid, your purchase contract will be governed by the UK Terms of Purchase in force at the time you place your order as described in Section B.
A. 5. EVENTS BEYOND OUR CONTROL
When events occur that are beyond our reasonable control ("Force Majeure"), we will not be held responsible for any failure to perform or delay in performing our obligations under the Terms of Purchase or other contracts. Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout, or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motorized transport, or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations, or restrictions of any government or public authority.
- Strike, failure, or accident in maritime or river transport, postal transport, or any other type of transport.
- Border closures, government shutdowns, trade blockages, embargos, disruptions to global trade, and port congestions.
It is to be understood that our obligations deriving from the UK Terms Of Purchase or other contracts are suspended during the period that during the time in which a Force Majeure remains in effect, and the time frame for fulfilling these obligations will be extended by the time equal to that of the Force Majeure event. To the extent we are able, we will use all reasonable means to put an end to the Force Majeure, or we will work to find a way to carry out our obligations under the Terms even in the face of the Force Majeure.
A. 6. LIMITATION OF LIABILITY.
(1) Your claims for damages are excluded, except claims for losses resulting from injury to life, body, or health or from the breach of essential contract obligations terms (cardinal obligations) and except for liability for other damages based on an intentional or grossly negligent breach of duty by the Company, its legal representatives, employees, or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, unless the damage claims are based on harm to life, body, or health, the Company is only responsible for reasonably foreseeable damage typical for the type of contract if such damage was caused by simple negligence.
(3) The limitations of liability shall also apply in favor of the legal representatives, employees, and vicarious agents of the Company if claims are asserted directly against them.
(4) Any applicable mandatory statutory provisions remain unaffected.
A. 7. ASSIGNMENT
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
A. 8. ENTIRE AGREEMENT; NO WAIVER.
(1) These UK Terms of Purchase, together with any legal notices published on the Site or Apps, shall constitute the entire and only agreement between you and us concerning the Purchase, and supersede all prior terms, agreements, discussions, and writings regarding the subject matter.
(2) Any terms and conditions which you include in any purchase order, confirmation of the order, or other document are expressly excluded.
(3) If any provision of the UK Terms of Purchase is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the UK Terms of Purchase, which shall remain in full force and effect.
(4) No waiver of any term of the UK Terms of Purchase shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the UK Terms of Purchase shall not constitute a waiver of such right or provision.
A. 9. INDEMNIFICATION.
You agree to release, indemnify, and defend the Company and any subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to your breach of these UK Terms of Purchase. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, and if required, you will allow us to participate in the defense and will not settle any such claim without our prior written consent, and you will have no further obligation to defend us in that matter.
A. 10. APPLICABLE LEGISLATION AND JURISDICTION.
(1) These UK Terms of Purchase are governed by and construed following the laws of the UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(2) We both agree to submit to the non-exclusive jurisdiction of the courts of the UK, which means that you may bring a claim to enforce your consumer protection rights in connection with these UK Terms of Purchase in the UK.
A. 11. COPYRIGHT INFRINGEMENT.
We respect the intellectual property rights of others just as we expect others to respect ours. You are encouraged to send an email to us if you believe that any content on the Company's website or any of its links violates your copyright at: email@example.com.
A. 12. BUSINESS TRANSFERS
A. 13. CONTACT US
We welcome any questions or comments regarding our privacy practices or these UK Terms of Purchase. You can email us whenever you want at firstname.lastname@example.org, or feel free to reach out through our chat feature.
B. 1. PRICE AND PAYMENT.
(1) All prices include the applicable VAT and any other taxes (where applicable). All prices are exclusive of delivery charges. Delivery charges may be accessed via the link "Shipping Info" via the Site or the Apps. They are also specified individually for your order within the checkout process. The total cost of the order is the price of the products ordered and the delivery charge. For clarity, the total cost of an order with multiple items may also include a handling fee.
(2) Prices may change at any time, but changes shall not affect the orders we have confirmed, as described under section B. 2. ORDER PROCESS below.
B. 2. ORDER PROCESS.
(1) Our display of products via the Site or the App is a non-binding offer. Once you have selected an article that you wish to buy, it will be added to your shopping basket ( "Shopping Bag" ). You must proceed through the purchase process, indicating or verifying the information needed at each step to process the order and make the payment. Additionally, you can change the details of your order at any time during the checkout process before making a payment. However, to do so, you may be required to sign into your account or register with us, provide a shipping address, choose a payment method, and choose a shipping option. A thorough explanation of the purchasing process is provided on the "How To Order" page. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.
(2) You may use the payment methods specified on the local Site, which may include Visa, Mastercard, JCB, Diners' Club, Paypal, Klarna, Afterpay, Discover, Diners Club, online banking, etc. Depending on the method you select, you might be asked for additional information or directed to the payment provider's website to verify your status as an authorized user before you can place an order. When you click "Buy Now", "Place Order" or similar terms, you are confirming that you are the authorized user of the payment method, and that, if applicable, the credit card is yours. If the payment provider, e.g. the credit card issuer, does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
(3) Once you have finished the payment process, you can place an order by clicking the "Buy Now" or "Place Order" button, submitting an offer to us to buy (all) the product(s) in your Shopping Bag (your "Order" ). If you are a registered user, a record of all the orders placed by you is available in the "My Account" area of the Site or Apps. To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction.
(4) We will then process your Order and send you a message to the email address you provided at checkout confirming receipt of your Order and containing the details of your Order ( "Order Confirmation" ). The Order Confirmation and/or the charging of your credit card or other payment method is confirmation that we have received your Order.
(5) Our acceptance of your order and completion of the contract between us will take place when we dispatch the product(s) to you. Your card will be charged at the time of order unless you selected a pay later service (which is only available in certain countries) in which case your card will be charged at the time of shipment. If you select online banking, your placing of the order contains the debit mandate to charge your account.
B. 3. ERRORS.
(2) If you detect an error in your order after the completion of the payment process, you should immediately contact us at: Customer.Support@Luexco.com, or use our chat feature to communicate the error for correction.
(3) We make every effort to provide accurate product and pricing information, typographical or pricing errors occasionally happen. We cannot confirm the price of an item until after you order. We reserve the right, at our sole discretion, to refuse or cancel any orders placed for a product if it is listed at an incorrect price or with incorrect information due to an error in pricing or product information. If an item's price is incorrect, we shall have the right to contact you for further instructions or to cancel your order and notify you of such cancellation. In the event that an item was mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such.
B. 4. CUSTOMS.
When using our Services, including making orders for products, you agree to and shall provide valid and accurate data and comply with all applicable laws. All consignee names, addresses, and payer names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is your sole responsibility that the data you provide to us is complete and accurate. We shall not be liable and shall not provide any compensation if any information provided by you is incomplete or incorrect and prevents any shipments, deliveries, or customs clearance.
For the purchase orders you made through our Site, with an intrinsic value equal to or lower than 135 pounds, you will be the importer of record for the importation of products into the UK. Where you are the importer of record, and to the extent permitted by applicable law, you hereby authorize Company and its affiliates to act as your agent to pay any duties and taxes payable, make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. You authorize Company and its nominees and/or subagents as may be appointed from time to time to act as your customs broker, at all places in the UK. This power of attorney includes the power to make and receive service and deliveries, request refunds of any levies, taxes, and fees relating to the importation of goods, conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts, and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables, and documents and/or deeds. It also includes the right to instruct customs agents in your name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country, and any levies, taxes, and fees relating to the importation of goods. For the purchase orders you made through our Site, with an intrinsic value over 135 pounds, Luexco LLC will act as the importer of record for the importation of products into the UK if applicable.
B. 5. Colors.
We have done everything in our power to ensure that the colors of our products that appear on the Services are represented as accurately as possible. We cannot, however, guarantee that your monitor will accurately display any color because the actual colors you see will depend on your monitor.
B. 6. Packing.
Unless otherwise provided, we will only adhere to minimal packing requirements for the chosen mode of transportation. You are responsible for covering the cost of any specialized packing, loading, or bracing that you request. The handling charge (i.e. costs incurred by us for auxiliary services directly related to the transport such as labor costs related to the assembly of goods in the warehouse, packing products into boxes with the proper packaging materials, creating a shipping label, loading the shipment onto a truck, and other services related to the transport) will also be covered by you. These costs will be displayed to you upon checkout.
B. 7. SHIPPING & DELIVERY.
We ship from various warehouses located in different countries. Depending on stock levels, we reserve the right to divide orders containing multiple items into different packages. Orders are delivered as quickly as possible. Deliveries, however, might take longer occasionally during busy sale times. According to the information given during the order process, the delivery period can be extended if it is shipping from a country other than the UK or if it is outside of the expected 30-day window. Please get in touch with our Customer Support Team Monday-Friday 9 am-5 pm (ET) via our live chat feature on the site or by emailing us with your order number at Customer.Support@Luexco.com if you haven't received your delivery after 30 business days.
B. 8. Title and Shipment.
Unless agreed otherwise, shipping will be made to the delivery address indicated by you.
For the purchase orders, you made through our Site, with an intrinsic value equal to or lower than 135 pounds, the title and risk of damage or loss of purchased items transfers from Luexco LLC (Us) to you as the respective customer once the items are loaded onto the international carrier outside of your country.
For the purchase orders, you made through our Site, with an intrinsic value over 135 pounds, the title, and risk of damage or loss of purchased items transfers from Luexco LLC (Us) to you as the respective customer upon completion of the import customs clearance into the UK.
In the event that a product is damaged or lost during delivery of your order by the carrier to your delivery address, we will, at our discretion, either deliver to you a replacement item identical to the one that was lost or damaged (subject to availability and using the same shipping method without additional shipping costs, and subject to the same terms and conditions as stated herein) or reimburse you for the purchase price and shipping costs paid (provided that the shipping cost did not increase).
B. 9. WARRANTY AND RETURN OF PRODUCTS.
(1) If you are a consumer residing in the UK, you may have statutory warranty rights. Notwithstanding such statutory warranty rights or your possible right of withdrawal pursuant to Section B.10, wrong-size items and quality problem items can be exchanged pursuant to this provision ( "voluntary return policy" ).
You may return your order up to 45 days from the purchase date by notifying us of your decision to do so via the respective function of the Site or Apps. Based on your wishes, we will either exchange the product or refund you the purchase price and shipping cost (free shipping is only available for one return per purchase order). The refund will be paid back to the original method of payment at your election.
The following items cannot be returned or exchanged pursuant to our voluntary return policy: bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and blankets).
(2) To exercise your statutory warranty rights or make use of our voluntary return policy, you must inform us by following the instructions on our Return page or contacting our Customer Support Team at: Customer.Support@Luexco.com,
B. 10. RIGHT OF WITHDRAWAL.
In addition to your right under our voluntary return policy, if you are a consumer residing in the UK, you also have the following statutory right to withdraw from the Agreement.
The statutory right to withdrawal does not exist or lapses, as the case may be, in the case of Agreements regarding the supply of sealed products that are not permissible for return due to health protection or hygiene reasons (e.g. bodysuits, lingerie & sleepwear, swimwear) and which were unsealed after delivery.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party designated by you (other than the carrier) acquires, physical possession of the goods.
You must give us clear written notice of your decision to withdraw from this contract to exercise your right. You may do so by emailing our LUEXCO Customer Support Team at Customer.Support@Luexco.com. While you are not obligated, you are welcome to use the sample withdrawal form that is attached below.
TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you, all payments received from you, including the costs of delivery (with exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
You shall send back the products or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the costs of returning the products.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
If you reside in the UK:
1. To: LUEXCO LLC, 648 EFFIE DR., LAWRENCEVILLE GEORGIA-30045
2. I / we (*) hereby give notice that I/we (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*):
3. Ordered on (*) / received on (*):
4. Name of the consumer (s):
5. Address of the consumer (s):
6. Signature of the consumer (s) (only for notification on paper):
(*) Delete where inapplicable