Terms of Service

 

OVERVIEW
This website is operated by Posh Lux Limited. Throughout the site, the terms "we", "us" and "our" refer to Posh Lux Limited. Posh Lux offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing a product from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "TOS"), including any additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content providers.

Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use the Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools that are added to the current offering will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service at any time.

SECTION 1 - TERMS OF USE FOR ONLINE STORAGE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us permission to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and you may not use the Service in violation of any applicable laws (including, but not limited to, copyright laws) in your country.
You must not transmit any worms, viruses or code of a destructive nature.
Violation of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information) will be transmitted unencrypted and (a) may be transmitted over various networks; and (b) may require changes to conform to technical requirements when connecting networks or devices. Credit card information is always encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this Agreement are for convenience only and are not intended to limit or restrict your use of the Service.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.
We are not responsible if the information on this site is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Your use of the material on this website is at your own risk.

This website may contain certain historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to change the content of this website at any time, but we are under no obligation to update the information on our website. You agree that it is your responsibility to check our website for any changes.

SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Formation of the contract
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking on the "Buy" button, you submit an offer to conclude a purchase contract. Confirmation of receipt of your order will be sent by an automated e-mail immediately after it has been sent. This e-mail confirmation does not constitute acceptance of the contract.

Warranty
The statutory warranty rights apply.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the Website. These products or services may only be available in limited quantities and can only be returned or exchanged in accordance with our Return Policy.
Every effort has been made to display as accurately as possible the colors and images of our products that are seen in the store. We cannot guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or prices of products are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. All our products are shipped directly to the consumer from our supplier in China. All applicable charges such as customs and import duties are the responsibility of the consumer.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may apply to orders placed by or under the same customer account, the same credit card and/or orders with the same billing and/or shipping address. In the event we change or cancel an order, we may attempt to notify you by contacting the e-mail address and/or billing address/phone number you provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you if necessary.

Please see our Returns Policy for further details.

We may provide you with access to third party tools over which we have no control or authority.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising out of or in connection with your use of optional third-party tools.
Any use of optional tools offered through the Site is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are offered by the relevant third party provider(s).

SECTION 8 - LINKS TO THIRD PARTY PROVIDERS
Certain content, products and services available through our Service may include material from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we have no liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.
We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about Third Party Products should be directed to the applicable Third Party Provider.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS.
If you send certain submissions (e.g. contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials at our request, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you send us. We are under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments, and will not do so in the future. We have the right but not the obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, and will not contain any computer viruses or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of your comments. You are solely responsible for all your comments and their accuracy. We assume no responsibility and shall not be liable for any Comments posted by you or any third party.

Special additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.

SECTION 10 - PERSONAL INFORMATION
The provision of personal information via the store is subject to our Privacy Policy. To view our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally our site or service may contain information that includes typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). .
We are under no obligation to update, change or clarify any information on the Service or any related website, including but not limited to pricing information, unless we are required to do so by law. No specified update or refresh date on the Service or any related website, should be taken to indicate that information on the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to any other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) use it for any unlawful purpose; (b) encourage or participate in any unlawful activity; (c) violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) infringe our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, libel, defame, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used in a manner that interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses. (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may remove the Service from time to time indefinitely or terminate the Service at any time without notice.
You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk. The Service and all products and services made available to you through the Service are (unless expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
The Service does not warrant or make any representations regarding merchantability, fitness for a particular purpose, durability, title or non-infringement, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Posh Lux and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you cease using our Website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to the termination date; and/or you may be denied access to our Services (or any part thereof) accordingly.

ARTICLE 17 - ENTIRE AGREEMENT
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.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafter.

SECTION 18 - GOVERNING LAW.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. Your continued use of our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@poshlux-melbourne.com