General Terms and Conditions

1. SCOPE OF APPLICATION

1. The offer on the website www.luminox.com.au is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Luminox between Duraflex Group Australia (DGA) (hereinafter: the Seller) and consumers (hereinafter: the Buyer). According to the Australian Trade Practices Act 1974, consumers are natural persons with whom a contractual relationship may be concluded without a commercial or self employed professional activity being attributed to them.

2. The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.

2. CONCLUSION OF CONTRACT

1. The offer on the website www.luminox.com.au is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Luminox between Duraflex Group Australia (DGA (hereinafter: the Seller) and consumers (hereinafter: the Buyer). According to the Australian Trade Practices Act 1974), consumers are natural persons with whom a contractual relationship may be concluded without a commercial or self employed professional activity being attributed to them.

2. The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.

3. The Seller shall be entitled to limit the order to a quantity that is usual in commercial practice.

4. After entry of all order data and before the order is finally placed, the Buyer shall be shown a list of all items in the order and shall be granted the opportunity to correct any possible errors that had been made in entering data.

5. The text of the contract shall be saved by the Seller and shall be sent to the Buyer together with the legally effective General Terms and Conditions, following the conclusion of the contract.

3. PRICES AND PAYMENT CONDITIONS

1. The price offered at the time of the order shall be binding. The price contains statutory Goods and Services Tax (GST) insofar as due. Additional costs are incurred for dispatching the goods. These costs shall be shown before the order is placed.

2. Payment for the goods shall be made by credit card (secured by 128-bit SSL encoding).

3. In the case of payment by credit card, the credit card shall be debited upon confirmation of the order details and these terms and conditions.

4. The Buyer shall only have the right to offset counterclaims insofar as his/her counterclaims are undisputed or which have become res judicata. A customer shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.

4. PASSING OF RISK

1. The risk of accidental loss or deterioration of the sold goods shall be transferred to the Buyer – also in the case of sale by delivery to a place other than the place of performance – upon delivery.

2. This risk shall also be deemed transferred if the Buyer has failed to take delivery when tendered by the seller.

5. DELIVERY AND SHIPPING CHARGES

1. The Seller delivers within Australia.

2. Delivery times shall only be deemed agreed insofar as they are stipulated in writing. The delivery time shall begin when the order is received. The delivery time shall be approximately 3 to 7 working days.

3. The Seller shall only deliver as long as goods are in stock.

4. The respective dispatch costs that are incurred shall be shown before order confirmation.

5. If the goods cannot be delivered because of any reasons which the Seller is not responsible for, additional delivery costs shall be charged. In this case the purchaser shall bear the costs of sending the goods back and forward. This shall not apply in the case of revocation in accordance with provision 9.

6. For change of mind returns, any shipping costs charged on the original order will not be refunded to the buyer.

7. The cost of shipping the item back to us is the responsibility of the buyer. Return shipping costs are non-refundable and are at the buyer’s expense unless faulty. If faulty, when posting back the item please include a detailed written explanation as to the nature of the fault or damage and proof of purchase with your return. If an item is received damaged upon receipt or deemed to be faulty,  we will replace the faulty product and pay for the return freight, on receipt, evaluation and acceptance of the goods.

6. NEW ZEALAND GST, CUSTOMS CHARGES, DUTIES AND FEES

As we are based in Australia and you are buying from an Australian company, we charge you for your order in Australian dollars. The actual price charged to New Zealand customers will be subject to the exchange rate applied by the credit or debit card company. Please note orders which are more than the equivalent of ~NZ$300 and shipped to New Zealand may incur GST, customs charges and duties charged by the NZ Customs Service once the parcel reaches its destination port and must be paid by the recipient directly to the NZ Customs Service or its authorised service provider. Additionally your financial services provider may charge currency conversion and administration fees on purchases and any refunds we provide. We are not responsible for and will not reimburse any of these GST, charges, duties or fees. You can find out more information at:

https://www.customs.govt.nz/personal/duty-and-gst/faqs/

7. RESERVATION OF TITLE

1. The delivered goods shall remain the property of the Seller until complete payment of the purchase price.

2. The Buyer must treat the goods carefully.

3. The Buyer may neither pledge the goods nor transfer titles to such goods by way of security. The Buyer shall notify the Seller in writing without undue delay in the event of pledges or confiscation of goods or any other disposals by third parties.

4. In the case of non-contractual behaviour of the Buyer, in particular if the Buyer is in arrears on payment or violates an obligation stated in provisions 6.2 and 6.3, the Seller shall be entitled to withdraw from the contract and demand that the goods are returned.

5. We reserve the right to demand the return of bonus products or to invoice these in the event that the prerequisites for granting the bonus product are no longer given. The prerequisite for granting a bonus product is that the purchase contract is complied with in terms of the minimum purchase amount. In other words, if you return all or part of the goods – for example, by exercising your right of cancellation – and therefore fall short of the minimum purchase amount, you no longer qualify for the bonus product. In such cases, please return the bonus product to us with your return order. If you would like to purchase the bonus product, please contact our Customer Service department directly.

8. WARRANTY

1. In the case of defects the Buyer shall be entitled to choose supplementary performance by rectification or replacement. The Seller shall be entitled to refuse the chosen option for supplementary performance if it is only possible with disproportional costs and the other option does not present any major disadvantages for the Buyer.

2. If the supplementary performance is unsuccessful, the Buyer shall in principle be entitled to choose reduction of the purchase price (reduction), cancellation of the contract (revocation) or compensation instead of performance. Should the Buyer choose compensation instead of performance of the contract, the liability restrictions of provisions 8.1 and 8.2 shall apply. However, in the case of minor defects the Buyer shall not have the right to cancel the contract.

3. According to law wrong deliveries and error in quantities are also deemed to constitute defects.

4. The warranty period shall be one year after the goods are delivered.

9. LIABILITY

1. In the case of minor negligent violation of obligations the Seller's liability shall be restricted to foreseeable, direct average damage which is typical for such contracts. This shall also apply in the case of minor negligent violation of obligations by the Seller's legal representatives or vicarious agents.

2. The preceding liability restrictions shall not apply to product liability claimed by the Buyer. Furthermore, the liability restrictions shall not apply to bodily injury or damage to health or the death of the Buyer which is attributable to the Seller.

10. REVOCATION RIGHT

1. Buyer shall be entitled to revoke his/her contractual statement within two weeks without stating reasons in writing (e.g. letter, e-mail, fax) or in case of surrender of goods before end of period, by returning the goods.

Period shall commence after receipt of this instruction in text form, but not before receipt of the goods.

Goods finished in accordance with customer specifications or goods which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items of jewellery are specifically for final sale and have been engraved according to customer specifications. Luminox is not liable for errors that are the result of customer instructions or specifications.

All compliance will be as per the Australian Department of Fair Trading.

Revocation shall be sent to:

Duraflex Group Australia
Level 1, 328 High Street
Chatswood NSW 2067
AUSTRALIA

2. In case of an effective revocation goods or payments received by the respective parties shall be returned and, as the case may capitalised uses (e.g. interest) restituted. Should Buyer be unable to return goods in their entirety or in partial or return them in deteriorated condition, he/she shall, where applicable, compensate Seller for the loss in value. In case of surrendering of goods this shall not apply if deterioration of goods is exclusively traced back to their inspection – as would have been possible in a shop. Incidentally Buyer may avoid the obligation to compensate for losses in value caused by deterioration through intended use of the goods by not using the goods as property and refraining from anything impairing their value. Goods that can be sent by package shall be returned at the cost and the risk of Seller.

3. Buyer shall bear the costs of returning of goods if the delivered goods are in accordance with the goods ordered. Obligations for reimbursing payments must be fulfilled within 30 days. Period shall commence for Buyer with dispatch of revocation or goods, for Seller with receipt of revocation or goods.

11. STORAGE OF DATA

1. The Buyer has been informed in detail about the type, scope, place and purpose of collecting, processing and using personal data necessary for fulfilling orders as well as his/her right of revocation regarding the use of his/her anonymised user profile for advertising, market research purposes and for designing the service to meet requirements.

2. The customer explicitly agrees to the collection, processing and use of personal data. He/she has the right to revoke his/her consent at any time in the future.

12. JURISDICTION

1. The law of the Australian Government shall apply.

13. WRITTEN FORM

1. Changes or additions to the contract, as well as possible supplementary stipulations – especially to this written form requirement - are valid only in written form.

14. SEPARABILITY CLAUSE

1. Should one or several provisions of these General Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof. In such a case the completely or partially invalid provision shall be replaced, in accordance with the common agreement of both parties to the contract, by a legally valid provision which comes as close as possible to the intended commercial purpose of the invalid or ineffective provision.

15. MOBILE TERMS OF SERVICE

The Luminox Australia mobile message service (the "Service") is operated by Luminox Australia (“Luminox Australia”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Luminox Australia’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Luminox Australia through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Luminox Australia. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18447811863 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Luminox Australia mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18447811863 or email info@luminox.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.