1 DEFINITIONS

• 1.1 The defined terms set out below are used in these terms and conditions and they have the following meanings: “Event Outside Our Control”: is defined in clause 11.2; “Goods”: the goods that we are selling to you as set out in the “Order”: your order for the goods and/or services as set out in the confirmation letter which we have sent to you; “Services”: the services that we are providing to you as set out in the order; “Terms”: the terms and conditions set out in this document; and “We/Our/Us”: Lux Life Interiors Ltd, a company registered in England and Wales with company number 13574679 whose trading address is at Pencil Wood Barn, Molehill Green, Felsted, CM6 3JR. When we use the words “writing” or “written” in these Terms, this will include e-mails and text messages unless we say otherwise.

2 OUR CONTRACT WITH YOU

• 2.1 These are the terms and conditions on which we supply Goods and/or Services to you. They apply to all the work we carry out for you.
• 2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss this further. We will confirm any changes in writing to avoid any confusion between you and us.
• 2.3 When you sign and submit the order to us, this does not mean we have accepted your order for goods and/or services. Our acceptance of the order will take place when we confirm it with you or commence the supply of goods and/or services. If we are unable to supply you with the goods and/or services, we will inform you of this in writing and we will not process the order.
• 2.4 The images of the goods on our website and in our supplier’s catalogues or brochures which we may show you are for illustrative purposes only. We cannot guarantee that the pictures accurately reflect the colour or finish of the goods. Your goods may vary slightly from those images, and we will make every effort to discuss any differences with you prior to ordering the goods. Because many of our goods are bespoke, all sizes, weights, capacities, dimensions and measurements indicated on our website or in catalogues or brochures may vary from the actual goods.

3 CHANGES TO ORDER OR TERMS

• 3.1 We may revise these Terms from time to time to comply with changes in relevant laws and regulatory requirements.
• 3.2 If we must revise these Terms under clause 3.1, we will give you at least one week’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 12.4.3 in relation to any goods or services ordered after we give you notice.
• 3.3 If you wish to cancel an order before it has been fulfilled, please see your right to do so in clause 12.In the case of made-to-measure goods, unfortunately, because we make these goods to yourspecific requirements, you will not be able to cancel an order once it is made.

4 MADE-TO-MEASURE GOODS

• We may make the goods according to the measurements you provide us. If we do so, please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure goods if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.

5 DELIVERY OF GOODS

• 5.1 Please note that timescales for delivery will vary depending on the availability of the goods from our suppliers. There may be additional delays due to Brexit.
• 5.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an event outside of our control. See clause 11 for our responsibilities when this happens.
• 5.3 If you have asked to collect the goods from our premises, you can arrange to collect the goods from us between 11.00am to 4.00pm, from Monday to Friday. We would ask you to confirm in advance as we may be away from our premises at appointments.
• 5.4 The order shall be completed when we deliver the goods to the address you gave us, or you collect them from us.
• 5.5 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this unless we have discussed this with you first. Each instalment shall constitute a separate contract governed by these terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
• 5.6 The goods will be your responsibility from the completion of delivery or from when you collect the goods from us.
• 5.7 You only own the goods once we have received payment in full
• 5.8 Delivery timescales quoted are estimated and based upon information known to us at the time. Transit times may vary due to a number of factors outside of our control including but not limited to changes in sailing or departure dates made by freight/shipping companies.
• 5.9 All goods to be paid in full before they are ordered.
• 5.10 For our full interior design service customers, delivery will be made to the specified room and where appropriate, our design team will be present to supervise the delivery and dress the room accordingly.

PLEASE NOTE THAT IF WE AGREE TO STORE GOODS ON YOUR BEHALF, WE ARE UNABLE TO CONSIDER ANY CLAIMS FOR DAMAGED ITEMS & A WEEKLY OR MONTHLY STORAGE FEE WILL BE CHARGED

6 THIRD-PARTY MANUFACTURER’S GUARANTEES OF GOODS

• 6.1 The goods may come with a manufacturer’s guarantee. We will notify you of any such guarantee when the goods are delivered and provide any relevant paperwork with the goods.
• 6.2 In the event that you wish to rely on a manufacturer’s guarantee, we will use our reasonable endeavours to help you rectify any problems, but ultimately the manufacturer is responsible for dealing with any issues in respect of the goods.
• 6.3 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

7 PROVIDING SERVICES

• 7.1 We will supply the services to you from the date set out in writing.
• 7.2 We will make every effort to carry out the services within the agreed timescales. However, there may be delays due to an event outside of our control. See clause 11 for our responsibilities when an event outside our control happens.
• 7.3 If you do not pay us for the services when you are supposed to, as set out in clause 9.4. we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 9.7). We will contact you to tell you this. This does not affect our right to charge you interest under clause 9.6.

8 IF THERE IS A PROBLEM WITH THE SERVICES OR THE GOODS ARE FAULTY

• 8.1 In the unlikely event that you are not satisfied with the standard of the services or if an item is faulty or missing:
  8.1.1 You will need to contact us within 24 hours after delivery to notify us of the fault. We will not consider any claims for damaged goods or goods which do not conform to sample if such claims are not notified to us within the claim notification period of 24 hours after delivery/collection.
  8.1.2 We will do our best to repair, replace or refund the product. Please ensure that the items are in the original packaging as you received them.
• 8.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
• 8.3 As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
• 8.4 All returned goods are subjected to a full quality control inspection before any decision regarding a refund can be made. Lux Life Interiors Ltd has the right to make the final decision on whether an item is defective or not.
• 8.5 We will not accept any claims for goods not conforming to any images, visuals concepts, or similar illustrations of the goods unless the goods delivered are substantially different from those in the image, visual concept, or similar illustrations and replacement of the goods would be reasonably justified in the circumstances.
• 8.6 Having evaluated the defect within the goods we will advise you of the procedure to rectify such a defect, in order that such rectification is consistent with any warranty or guarantee or the terms of supply of the manufacturer of the goods.
• 8.7 After 24 hours from delivery, we cannot be held responsible for any product found to be damaged or missing.
• 8.8 Where we make delivery and the item is to be held in storage, it is the buyer’s responsibility to ensure that the goods are fully checked, in line with the notice period of 24 hours. We will not be responsible for any damage or faults reported, after 24 hours from delivery.
• 8.9 We will not accept damage claims that have resulted in misuse of the product or any damaged caused on installation.

THEREFORE, PLEASE NOTE THAT YOU WILL NEED TO CONTACT US WITHIN 24 HOURS AFTER DELIVERY TO NOTIFY US OF ANY FAULTS. WE WILL NOT CONSIDER ANY CLAIMS FOR DAMAGED GOODS IF SUCH CLAIMS ARE NOT NOTIFIED TO US WITHIN THE CLAIM NOTIFICATION PERIOD OF 24 HOURS AFTER DELIVERY. WE STRONGLY RECOMMEND THAT YOU REMOVE PACKAGING AND EXAMINE ITEMS WITHIN THESE TIMESCALES.

9 PRICE AND PAYMENT

• 9.1 The price of the goods and/or the services will be set out in your order. Our prices may change at any time, but price changes will not affect orders that we have confirmed with you, although if we agree to amended specifications this may affect the overall price.
• 9.2 If the rate of VAT changes between the date of the order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.
• 9.3 Receipt of payment of goods in full allows us to initiate the order and your payment must be received before we place an order with our supplier(s).
• 9.4 You must make payment for any goods and/or services on receipt of an invoice from us, via electronic bank transfer. We will not place an order with our supplier(s) without your full payment.
• 9.5 We reserve the right to charge you expenses which are reasonably incurred in connection with provision of the services, including but not limited to travel expenses, site visits, delivery and storage.
• 9.6 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 5% per annum above the base rate of the Bank of England. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
• 9.7 If you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 9.6 will not apply for the period of the dispute.
• 9.8 If a third-party introduction (introduction of a supplier or contractor) results in an engagement of works by the client, we reserve the right to charge the third-party supplier/contractor an introduction fee for introducing them to our client/s. This is charged at 10% of the total amount for all works carried out by that supplier or contractor. The supplier/contractor may at their own discretion add this cost to the invoice presented to the client for payment.
• 9.9 Card payments are subject to an additional 2.5% fee to reflect bank charges.

10 OUR LIABILITY TO YOU

• 10.1 If we are installing the goods and/or providing services in your property, we will make good any damage to your property caused by us during installation or performance unless pre-agreed and necessary as part of the installation. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover during installation and/or performance by us.
• 10.2 If you require our services for any commercial use, please advise us clearly. We accept no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or normal wear and tear.
• 10.3 The limit of our liability to you for all and any breaches of our agreement with you shall be limited to the amount you have actually paid us for goods and services in the preceding 12 months.

11 EVENTS OUTSIDE OUR CONTROL

• 11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control.
• 11.2 An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks or non-performance by suppliers or sub-contractors. Delay of receipt of items being transported from abroad into the UK.
• 11.3 If an event outside our control takes place that affects the performance of our obligations under these Terms:
  11.3.1 we will contact you as soon as reasonably possible to notify you; and
  11.3.2 our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after the event outside our control is over. Where the event outside our control affects our performance of services to you, we will restart the services as soon as reasonably possible after the event outside our control is over.
• 11.4 You may cancel the contract if an event outside our control takes place, and you no longer wish us to provide the goods and/or services (subject to goods which have been ordered not being cancelled – see your cancellation rights under clause 12). We will only cancel the contract if the event outside our control continues for longer than 16 weeks in accordance with our cancellation rights in clause 13.

12 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

• 12.1 Until such time as we confirm an order to our suppliers and/or pass over a deposit to them, you may cancel or amend an order for goods by notice to us. We will confirm your cancellation in writing to you.
  12.1.1 If you cancel an order before this has been raised with our suppliers, and you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you (subject to any non-refundable deposit or other contract with our suppliers)
  12.1.2 It is too late to cancel an order for goods if we have already ordered the goods from our suppliers.
• 12.2 As the made-to-measure goods are made to your requirements, you will not be able to cancel your order once initiated (this will not affect your legal rights as a consumer in relation to made-to-measure goods that are faulty or not as described)
• 12.3 Once we have begun to provide the goods or services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
  12.3.1 We go into liquidation or a receiver or an administrator is appointed over our assets;
  12.3.2 We change these Terms under clause 3.1 to your material disadvantage;
  12.3.3 We are affected by an event outside of our control.

13 OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

• 13.1 We may have to cancel an order before the start date for the services or before the goods are delivered, due to an event outside our control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
• 13.2 If we have to cancel an order under clause 13.1 and you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you.
• 13.3 Where we have already started work on your order for services or made-to-measure goods by the time we have to cancel under clause 13.1 we will not charge you anything and you will not have to make any payment to us in relation to that element of the order.
• 13.4 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
  13.4.1 you do not pay us when you are supposed to as set out in clause 9.4. This does not affect our right to charge you interest under clause 9.6.

14 INFORMATION ABOUT US AND HOW TO CONTACT US

• 14.1 If you have any questions or if you have any complaints, please contact us by telephoning 01245 210093 or emailing to info@luxlifeinterior.co.uk
• 14.2 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail at info@luxlifeinterior.co.uk or by hand to the address on our invoice. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail.

15 HOW WE MAY USE YOUR PERSONAL INFORMATION

• 15.1 We will use the personal information you provide to us to:
  15.1.1 provide the goods and/or services;
  15.1.2 process your payment for such goods and/or services; and
  15.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
• 15.2 We will not give your personal data to any third party.

16 OTHER IMPORTANT TERMS

• 16.1 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms.
• 16.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
• 16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
• 16.4 Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• 16.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• 16.6 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction the UK.
• 16.7 We may charge a third party a fee for introducing them to carry out work for a client. The third party may pass this fee on to the client or may build this into their margin at their discretion.

17 DISPOSALS OF PACKAGING

• 17.1 With regret the disposal of packaging is not a service provided by Lux Life Interiors Ltd. When disposing of this please ensure that you remove ALL items as occasionally suppliers will provide spare pieces of glass for lights for example and only dispose of the packaging once you have fully checked the item as we are unable to send any faulty items back to our supplier without this.

18 STOCK AVAILABILITY

• 18.1 We will endeavour to ensure that your order is received in an agreed time scale. Unfortunately, items that were in stock, can become unavailable, due to multiple orders being received by our suppliers from several sources at once. If a product becomes out of stock or becomes discontinued, you will be advised, and an alternative product will be offered whenever possible. We would recommend prompt payment of our invoices to ensure that we can in turn place an order promptly for you to secure your goods.

19 DESIGN SERVICE

• 19.1 We offer a design service and can provide the Terms of Agreement upon request.

20 PAYMENT TERMS

• 20.1 We will not place any orders with our suppliers until payment has been received from you in full.
• 20.2 Payment to be made by bank transfer as set out in the proposal and detailed on our invoice/s.

21 PRODUCT FINISHES

• 21.1 There may be variations in finishes, due to the uniqueness of our products. This is a characteristic of the item and not a defect. 21.2 Our suppliers reserve the right to change finishes without notice.

22 STORAGE

• 22.1 This service is chargeable. Please enquire if you would like further information.

23 MADE TO ORDER

• 23.1 Many of our products are made to order, which will affect your rights under The Consumers Rights Act. Please note that we order fabric and then have items such as bespoke cushions and footstools etc. made. Occasionally fabrics can be out of stock and this can cause delays.
• Products sourced are expected to be purchased through Lux Life. Wherever possible, products will be price matched.