Terms and Conditions

We recommend you view the Luxy Living, provider of modern home furniture and lighting in Melbourne terms and conditions.

In these Terms and Conditions “We”, “Our”, “Us” mean luxyliving.com.au or Luxy Living – and “you” and “your” means you the customer.

Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Luxy Living web site located at www.LuxyLiving.com.au, and all associated sites linked to www.LuxyLiving.com.au by Luxy Living, its subsidiaries and affiliates (collectively, the “Site” and “Website”). USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Luxy Living reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Luxy Living grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

General Disclaimer

Luxy Living is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Luxy Living REPLICA products are not manufactured or approved by, or affiliated with, the original designers, manufacturers or distributors like Charles or Ray Eames, Herman Miller, Knoll, Tolix, Xavier Pauchard, Arne Jacobsen, Marcello Ziliani, Mies Van De Rohe, Isamu Noguchi, Eero Saarinen, Phillipe Starck, Hans Wegner, Jasper Morrison, Jean Prouve, Sean Dix, George Nelson, Anna Castelli Ferrieri, Achille Castiglioni and many more.

User license to Luxy Living

By placing any information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Luxy Living a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and

2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Luxy Living and any other party authorised by Luxy Living all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Luxy Living, you will execute and deliver to Luxy Living such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Security

Luxy Living uses Paypal for its online credit card transactions. Paypal provides a safe and secure means of collecting payments via the Internet and is a Tier-1 PCI-DSS Certified Gateway. All online credit card transactions performed on this site using the Paypal gateway are secured payments.

  • Payments are real time with an immediate response.
  • Your complete credit card number cannot be viewed by Luxy Living or any outside party.
  • All transactions are performed under 256 Bit SSL Certificate.
  • All transaction data is encrypted for storage within Paypal‘s system protecting your credit card data.
  • Paypal is an authorised third party processor for all the major Australian and international banks.
  • Paypal at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Luxy Living

Copyright

This website is Luxy Living’s intellectual property and subject to copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without Luxy Living’s prior written permission.

Loss or Damage in Transit

Luxy Living is not responsible to the buyer or any person claiming through the buyer for any loss or damage to products caused by any event of any kind by any person, whether or not Luxy Living is legally responsible for the person who caused or contributed to that loss.

Exclusion of Negligence

Luxy Living is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:

– The performance of the product;

– Any fact, matter or thing relating to the product; or

– Any error in information supplied to the buyer at or after the date of the purchaser’s use of the product.

Image, Colour and Product Description

We have made every effort to display the colours of our products accurately as they appear at this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.

We do not warrant that the product descriptions, products dimension and images are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition.

Limitation of Liability

Information on this site is provided “as is” without warranty of any kind. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. Luxy Living has a policy of continuous improvement of products and reserves the right to make improvements or changes to products without notice. We reserve the right to amend or supplement the information supplied on this site without prior notice.

Link available on the website link to websites not maintained or controlled by us. We provide this links for your convenience and are not responsible for their content and do not endorse any pages linked to this website. This also applies to any links to which this website refers, whether directly or indirectly.

Except where prohibited by law, in no event will Luxy Living be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Luxy Living has been advised of the possibility of such damages.

Force Majeure

We shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of us and we shall be entitled to a reasonable extension of time for the performance of such obligations.

Indemnity

You agree to indemnify and hold Luxy Living, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Luxy Living by any third party due to or arising out of or in connection with your use of the Site.

Termination

The Terms of Use are effective until terminated by Luxy Living, and Luxy Living may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Luxy Living disclaimers and limitations of liability set out in the Terms of Use will survive.