Terms and conditions
of sales
Introduction
These terms and conditions apply to Lux Interior Pty Ltd, herein referred to as "we" or "our". "You" refers to the purchaser of our products, and "products" pertain to any items invoiced by our company.
Consumer Rights
These terms of sale do not restrict, limit, or alter the rights, entitlements, and remedies provided to you, nor the obligations imposed on us, by any implied condition or warranty from a Commonwealth, State, or Territory Act or Ordinance that renders such restrictions, limitations, or modifications void or prohibited.
Guarantees
Subject to Clause 2:
(a) We guarantee that the products supplied will be of acceptable quality. This guarantee is the sole warranty for all products, and any liability arising from the supply, use, or re-use of the products, including consequential loss or any other liability we may have due to any representation, warranty, condition, or term, whether express or implied by law, is hereby excluded.
(b) Our liability to you is limited to replacing the products or (at our discretion) refunding the price paid by you. This liability does not extend to consequential loss and is contingent upon you submitting a written claim to us within the exact time of delivery or pick-up, providing full details of the claim, and returning the products to us for proper examination.
Consultation
No individual has the authority to provide oral advice, recommendations, information, or indicated quantities or volumes on our behalf regarding the products we sell or manufacture. If you seek and intend to rely on any advice, recommendation, information, assistance, or service from us, you must inform us and receive written confirmation signed by our representative when placing the order.
Shipment
(a) Any indication of the intended delivery date or time is subject to product availability and our ability to complete delivery. We are not responsible if the products are not delivered on the specified date or time. We may withhold delivery until payment is received.
(b) We are not required to obtain a signed receipt from anyone at the delivery location specified by you. However, if we obtain a receipt from someone we believe is authorized by you to sign for the products, such signed receipt will be conclusive evidence that the products were delivered and their condition and fitness for their intended purpose are satisfactory to you.
(c) In cases where we permit a return or refund, you agree to pay a re-stocking fee as determined by us.
(d) Deliveries within the Sydney metro area may take 5 to 10 working days, depending on stock availability, and 10 to 15 working days outside of the Sydney metro area.
Dispatch Terms
(a) Orders will be dispatched only after full payment has cleared in our account.
(b) Outside of the Sydney Metro area, additional fees apply if you request door-to-door delivery without a forklift on site.
(c) Claims for damaged products must be made upon receiving or picking up your order.
(d) Raw and unfinished edges may be rough and not cleanly cut. This is typical for raw materials such as wood panels, countertops, splashbacks, and shelving.
(e) For Sydney Metro deliveries, we offer direct freight to warehouses and residential addresses. Customers must unload their order from our delivery vehicle if a forklift is not available.
(f) For information on online shipping quote requests during checkout, please read the relevant section on our website.
Transfer of Risk
The risk associated with the products transfers to you upon delivery.
Ownership
(a) Ownership and legal rights to the products remain with us, and you shall hold the products
(i) As a fiduciary custodian; and
(ii) In a manner that allows them to be identified as belonging to us, until we receive full payment for the products.
(b) If you:
(i) Combine the products with other items, or
(ii) Utilize the products in the production of other items, resulting in the products becoming a constituent part of the new items, then the ownership of the new items shall be vested in us until full payment is made for the products.
(iii) Sell the products, you agree to do so as our agent in the ordinary course of your business. The sale proceeds are held on our behalf until payment is made in full for the products.
(iv) Fail to pay for the products or if we have reason to believe you may not pay for the products, we may reclaim possession of the products or the items containing the products.
(c) You grant us permission to enter or re-enter the delivery location if it becomes necessary for us to reclaim possession of the products.
(d) You indemnify us against any claim for damages arising from the entry of our vehicles onto the property designated for product delivery.
Returns & Exchanges We do not offer refunds, exchanges, or credits under the following circumstances:
(a) If you change your mind, no longer need the products, or dislike them,
(b) If you purchase pre-inspected products with no apparent defects, or known damaged products,
(c) If you damage the products by using them inappropriately,
(d) If you modify or process the products before submitting a claim.
(e) In cases where we do permit a refund, the full "online transaction fee" plus a $15 administrative fee will be deducted from the refund amount.
Governing Law
This agreement, including these terms and conditions, is established in the State of New South Wales, and any disputes shall be resolved in the courts of that State.
Partial Invalidity
If any portion or portions of these terms and conditions are deemed void or unenforceable in whole or in part, such portion or portions shall be severed from these terms and conditions, but the validity and enforceability of the remaining terms and conditions shall not be affected.
Product Specifications & Descriptions
(a) Our products are listed in nominal sizes according to industry standards. If you require the actual sizes of a specific product, please inquire with us online before making a purchase.
(b) We strongly encourage you to inspect the true physical color samples in our showroom before purchasing products. Images displayed online and in our brochures should not be considered accurate representations of colors or patterns and are meant to serve as guides only. We accept no liability for any dissatisfaction with a color or pattern.
Payment Methods
(a) We do not accept payments by "card over the phone", checks, or AMEX.
(b) We accept payment via card, cash, or direct bank transfer. (1.1% surcharge applies to credit card payments)
(c) All payments must fully clear in our account before an order can be picked up or shipped.