Terms & Conditions
Website Terms and Conditions of Use Relating to www.luxity.co.za; Luxity (Pty) Ltd
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Luxity (Pty) Ltd (“Provider”) website located at the domain name www.luxity.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
LUXITY TERMS AND CONDITIONS OF SALE:
BASIC TERMS & CONDITIONS OF SALE:
- All items are quoted FOB and/ ex-works
- Items will not be shipped without full payment being cleared into the LUXITY (PTY) LTD bank account.
- Prices are charged in South African Rands (ZAR)
- All prices advertised are fixed and non-negotiable.
- If you are importing our items from outside of South Africa, you are solely responsible for freight and customs duties.
- Returns can only be made within 7 days of your purchase being received, provided your LUXITY security fingerprint tag has not been tampered with or removed.
- Due to the nature of the business, Sale and/or Discounted Items are not eligible for return.
- LUXITY (PTY) LTD does not offer monetary refunds. Only store credits and exchanges are permitted, provided your item is being returned within the framework of our return policy.
- A customer can have multiple laybys simultaneously. However, no new purchases are allowed if the customer has one or more laybys past its due date.
LUXITY (PTY) LTD t/a LUXITY TERMS & CONDITIONS OF SALE:
You (The Buyer) agree to order this item/s from www.luxity.co.za and therefore agree to the Luxity (Pty) Ltd terms and conditions of sale.
You understand and have read the item/s description and understand that Luxity (Pty) Ltd t/a Luxity sells preowned items unless otherwise stated as NEW.
These terms supersede any buyer’s terms and conditions.
All orders must be paid for before delivery, in full. Any outstanding balance must be paid prior to delivery. Delivery cannot be made until any outstanding balance has been paid. If payment of the balance is not by immediate bank clearance, then sufficient time for the payment to clear prior to arranging delivery will be allowed.
ACCEPTED METHODS OF PAYMENT:
- Pay Fast
- EFT (Electronic Fund Transfer)
- Bank Deposit
- Luxity Layby
ALL DELIVERIES are for delivery only inside The Republic of South Africa. You (the Buyer) indemnify Luxity (Pty) Ltd against any third party (courier) delays.
All delivery times quoted are approximate and subject to change prior to delivery. If, for any reason, delivery is delayed we do not accept liability for any consequential loss but we will arrange a new date for delivery as soon as possible.
All deliveries must be signed for and checked by you (the Buyer). Any claim regarding missing packages or damaged items must be made within 24 hours of receipt of goods, by telephone, followed by a written confirmation. Inspection of the packaging must be done and should damage to the packaging be visible a note must be made on the delivery note/waybill. Photographs must be taken of any damaged products on delivery.
Risk shall pass to you (the Buyer) on delivery.
No warranty is given against general ageing and wear and tear of any item sold through Luxity (Pty) Ltd.
LUXITY (Head Office)
Suite: 208A The Woodstock Exchange Centre
66 Albert Road
Telephone: 087 470 0585
RETURNS AND CREDIT
Due to the nature of the business, Sale and/or Discounted Items are not eligible for return. All other items may be returned to LUXITY (PTY) LTD for an exchange or credit to your online account (your choice) within 7 (seven) days of purchase. The LUXITY security tag must still be attached and intact in order for you to receive an exchange or store credit. The LUXITY security tag includes our LUXITY unique fingerprint and must not be tampered with. The item must also be in the same condition it was sold to you.
All returns must be unused. Goods must be undamaged and it will be at the sole discretion of Luxity (Pty) Ltd to determine whether the goods are damaged or used.
Returns are exchanged based on the amount you paid for the item, excluding the delivery costs. All return and shipping costs are for your account.
Luxity (Pty) Ltd do not offer monetary refunds on purchases returned. Should the products be returned within 7 days and deemed as unused with the Luxity Security Tag intact and “as new” in its original packaging a credit will be issued to you (the Buyer) to use against other items that Luxity (Pty) Ltd has on offer on www.luxity.co.za
Should you return the product you must arrange for insurance whilst the product is being transported. Risk and ownership will only transfer once the goods are received in good condition by Luxity (Pty) Ltd.
THE LUXITY SECURITY TAG:
When you make a purchase, your item/s will be delivered to you with security tags on. Each security tag features our unique LUXITY fingerprint. We place a security tag on every item that we sell. Our security tag will not damage the item that you are purchasing and is very easy to remove with scissors but it is not re-attachable. You have 7 days, from the date of purchase to return your item for either a refund or exchange. However, once the security tag is removed, the item cannot be returned – regardless.
DEFINITION OF THE LUXITY LAYBY:
By making use of the Luxity Layby facility you agree to make an immediate 25% or 50% (depending on the item) down payment of the full value of the order. Once 25% resp. 50% are paid, you then have 60 (sixty) days in which you can settle your account. Instalments may be paid at any time, in any amount over R500 (ZAR) during this time. Should you not be able to pay the remaining instalment – you may cancel your order and Luxity will refund you while retaining 15% as a restocking & cancellation fee of the total purchase price.
You agree that 15% of the total purchase price is non-refundable as restocking & cancellation fee.
You can have multiple laybys simultaneously. However, no new purchases are allowed if one or more laybys are past its or their due date.
LUXITY LAYBY TERMS OF SALE:
25% resp. 50% of the purchase price (item sale price, shipping and tax (if applicable)) are required for a down payment to start a Luxity Layby. You will need to complete the remainder of the payment in full within 60 (sixty) days of the Luxity Layby start date.
Payment must be made in full within 60 (sixty) days from the date that you make your initial 25% resp. 50% down payment. If the 60 (sixty) day period expires without full payment being received, your deposit plus any additional payments made will be refunded to you, minus the non-refundable portion (15% of purchase price as restocking & cancellation fee).
The buyer (you) determines the payment schedule within the 60 (sixty) day term. Payment amounts must be greater than R500 (ZAR) unless the remaining amount is less than R50 (ZAR).
Payments may be made with Luxity Account Balance, Credit Card, Pay Fast, EFT (Electronic Fund Transfer), or Bank Deposit.
An account will be allocated to you, and you will be able to either pay online into your Luxer Account or by means of EFT or bank deposit.
CANCELLATION OF LUXITY LAYBY ORDER:
- You agree to:
1.a) 15% of the total item purchase price will be non-refundable (restocking & cancellation fee) in the event that your layby is cancelled.
1.b) Changing items during the payment duration of our Luxity Layby will be treated as a cancellation and the 15% restocking & cancellation fee will apply. The remaining amount paid for a cancelled layby (i.e. minus the non-refundable 15% of the purchase price) can be transferred to a new layby or be refunded directly back into your bank account.
1.c) The onus will be on you to provide Luxity with your correct bank details should such a situation arise.
1.d) If full payment is not received by the end of the 60th (sixtieth) day initial payment, your Luxity Layby will be cancelled and the item will be immediately placed back in our inventory to be re-sold. You will be refunded all payments made up to that date, minus 15% of the total purchase price which is the non-refundable portion of your down payment described above.
1.e) You understand and accept that Luxity (Pty) Ltd does not allow any form of payment plan extension on layby items beyond the 60 (sixty) day term. However, if you need more than 60 (sixty) days, you may cancel your item and then repurchase it. This will be subject to the 15% layby restocking & cancellation fee.
1.f) If you return an item purchased on a Luxity Layby, you agree that the item is subject to a 15% Layby Restocking & Cancellation fee.
LUXITY (PTY) LTD ONLINE TERMS AND CONDITIONS
Welcome to our Luxity (Pty) Ltd web site (“Luxity”, or the Site”).
Please read these Terms carefully. In particular, your attention is drawn to the Sections headed “Third Party Links”, “Representations and Warranties; Limitation of Liability” and “Indemnification”.
Your access and use are conditional upon your compliance with these terms. By accessing or using this Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
- Products and Services for Personal Use
The products and services available on this Site are for personal use only. You may not sell or resell any of the products, or services which you receive from us.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products on this Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on this Site are accurate, complete, reliable, current, or error-free.
- Intellectual Property
All information and content available on this Site and its “look and feel”, including but not limited to trademarks, logos, slogans, service marks, text, Luxity graphics, logos, button icons, Luxity images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the “Content”) is the exclusive property of Luxity (Pty) Ltd and is protected by South African and international laws, including laws governing copyrights and trademarks.
Neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of this Site. This limited license does not include the right to: (a) frame or utilise framing techniques to enclose this Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download this Site or any and/or all Content (except caching or as necessary to view this Site); (c) make any use of this Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either this Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilising any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on this Site or affixed to or contained in this Site.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of this Site for personal, non-commercial use only. Any website that links to this Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of this Site other than the home page. We may, in our sole discretion, request that you remove any link to this Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume such linking.
Any unauthorised use by you of this Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms.
- Your Obligations and Responsibilities
In the access or use of this Site, you shall comply with these Terms and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms, if you default negligently or willfully in any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause Luxity (Pty) Ltd.
- Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
- Special Features, Functionality and Events
- User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on this Site, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to this Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on this Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, delictual, defamatory, vulgar, obscene, pornographic, defamatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, provincial, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on this Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available by any person or entity via this Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, we have the right to remove any User Content that violates these Terms or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.
- Representations and Warranties; Limitation of Liability
THIS SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THIS SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN TERMS OF THE LAW OF CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED SEVEN HUNDRED AND FIFTY RAND (R750) . YOU AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF THIS SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FOR ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION, OR DEMAND RESULTING FROM YOUR USE OF THIS SITE OR BREACH OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY US FOR ANY LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR USE OF SOFTWARE ROBOTS, SPIDERS, CRAWLERS, OR SIMILAR DATA GATHERING AND EXTRACTION TOOLS, OR ANY OTHER ACTION YOU TAKE THAT IMPOSES AN UNREASONABLE BURDEN OR LOAD ON OUR INFRASTRUCTURE.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You choose as your address for service for all purposes of your dealings with Luxity (Pty) Ltd including the giving of any notice and the serving of any process the email address specified by you when visiting the Site. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Cape Town, South Africa and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors we may seek interdictory or other appropriate relief in any court of competent jurisdiction. Arbitration under this agreement shall be conducted in accordance with the Rules of the Arbitration Foundation of South Africa. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwise.
You consent to the service by email of legal documents at the email address specified by you when entering the Site. You also agree that Luxity (Pty) Ltd may obtain your residential address and/or business address from your internet service provider without obtaining a court order. Luxity (Pty) Ltd shall be entitled, from time to time, to vary its physical address for legal service to any other physical address within the Republic of South Africa, and to vary its facsimile address for legal service to any other facsimile number.
- Consent to receive notices electronically by posting on this site and via email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, including but not limited to the limited licenses set forth Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user who cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of this Site and in relation to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on this Site and providing notice of such change. Any changes are effective immediately upon posting to this Site and release of the notice of such change. Your continued use of this Site thereafter constitutes your agreement to all such changed Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Site.
Luxity (Pty) Ltd shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.
No act, omission, delay or indulgence or extension of time granted by Luxity (Pty) Ltd in enforcing any of these Terms or any of its rights in terms hereof or any granting of time by Luxity (Pty) Ltd shall prejudice or affect Luxity (Pty) Ltd’s rights nor shall it operate as a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of Luxity (Pty) Ltd in terms hereof, save in the event or to the extent that Luxity (Pty) Ltd has signed a written document expressly waiving or limiting such rights. Luxity (Pty) Ltd shall be entitled at all times and without notice to insist on the strict enforcement of these Terms.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other forms of joint enterprise between yourself and Luxity (Pty) Ltd. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.
If you have any questions regarding these terms, please email us at email@example.com
- Company Information
Luxity is operated by Luxity (Pty) Ltd
Company Registration 2015/302421/07, Place of registration – Pretoria
Postal Address: Suite:208A The Woodstock Exchange Centre, 66 Albert Road, Woodstock, Cape Town, 7925, South Africa.
Company Director: J. Calitz