Terms & Conditions

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The following terms and conditions refer to use of this website (luxipics.com). If you are a registered customer or wish to register to use our services then separate terms and conditions apply and can be seen here.

 

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE
This agreement applies as between you, the User of this Web Site and Luxipics Limited, the owner of this Web Site.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
 
1.            Definitions and Interpretation
 
In this Agreement the following terms shall have the following meanings: 
 "Account” 
Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Content”
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“User Content”
Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site that has been uploaded by a User;
“Luxipics ”
Means SIMPLY SUNSHINE PRODUCTS LTD trading as Luxipics a company registered in England and Wales, Registered Number 6803565.
“Services” 
Means collectively any on line facilities, tools, services or information that Luxipics makes available through the Web Site either now or in the future;
“Payment Information”
Means any details required for the purchase of Services from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” 
Means our place of business located at 2 Ascot Road, Keytec 7 Business Park, Pershore WR10 2JJ; United Kingdom.
“System” 
Means any on line communications infrastructure that Luxipics makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Terms and Conditions"
 
“User”
 
Means these Terms and Conditions for use of Website
 
Means you the user of the website
“Web Site”
Means the website that you are currently using www.luxipics.com
   
2.            Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.
 
3.            Business Customers
These Terms and Conditions do not apply to customers buying Goods and Services in the course of business. Please see our Business Terms and Conditions of Sale.
 
4.            International Customers
If Services are being ordered from outside Luxipic’s country of residence, taxes may be incurred by your use of the Web Site.  Luxipics is not responsible for these charges and we undertake to make no calculations or estimates in this regard. 
 
5.            Intellectual Property
5.1          Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, with the exception of User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Luxipics Limited, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
 
5.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Luxipics Limited.
 
6.           Third Party Intellectual Property
6.1          Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
 
6.2          Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
 
7.            Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
 
8.            Links to Other Web Sites
This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of Luxipics or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
 
9.            Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site Luxipics.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Luxipics Limited. This is permission is automatically granted to Users linking externally to their own User Content held within their own area of the Luxipics website for as long as they maintain an account with Luxipics. To find out more please contact us by email at enquiries@Luxipics.com or post or telephone
 
10.         Pricing and Availability
10.1        Whilst every effort has been made to ensure that all graphical representations and descriptions of Services available from Luxipics correspond to the actual Services, Luxipics is not responsible for any variations from these descriptions. 
 
10.2        Luxipics does not represent or warrant that such Services will be available. 
 
10.3        All pricing information on the Web Site is correct at the time of going on line. Luxipics reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every day.
 
10.5        In the event that prices are changed during the period between an order being placed for Services and Luxipics processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
 
10.6        All prices on the Web Site include VAT at the current rate. Luxipics Limited VAT number is:-947732488
 
11.         Privacy Policy
11.1    Luxipics does not disclose User’s information to third parties other than when order credit card details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the Remember Me Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to Tools | Internet Options | Privacy and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:
 
11.2       Take and fulfil customer orders
11.3       Administer and enhance the site and service
11.4       Only disclose information to third-parties for goods delivery purposes or if required to do so by a relevant authority for the purposes of detecting a crime.
 
12.          Disclaimers
12.1        THE LUXIPICS SERVICES AND WEB SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO LUXIPICS THE SERVICES OR WEBSITE, OR ANY INFORMATION OR SOFTWARE THEREIN. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF ANY TYPE OR KIND DUE TO DISRUPTION OF SERVICE BY LUXIPICS OR ITS INTERNET SERVICE PROVIDERS.
 
12.2        No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
 
12.3        No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
 
12.4        Luxipics makes no warranty that any User Content data supplied or uploaded by a User can be retrieved or returned. Luxipics accepts no responsibility for the loss of any data of any type whatsoever and strongly recommends that you keep backup copies of any data or any User Content at all times
 
13.          Changes to the Services and these Terms and Conditions
Luxipics reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If Luxipics is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
 
14.          Availability of the Web Site
The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Luxipics accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
 
15.          Limitation of Liability
15.1        To the maximum extent permitted by law, Luxipics accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
 
15.2        Nothing in these Terms and Conditions excludes or restricts Luxipics Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Luxipics Limited.
 
15.3        Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
 
16.          No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
 
17.          Modifying Terms and Conditions
Luxipics may modify these terms and conditions upon notice published on-line or via electronic mail from Luxipics. The Customer's use of Luxipics services after such notice shall constitute The Customer's acceptance of the modifications to this Agreement. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
 
18.          Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to: enquiries@luxipics.com.   Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
 
19.          Law and Jurisdiction
These terms and conditions and the relationship between you and Luxipics shall be governed by and construed in accordance with the Law of England and Wales and Luxipics and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

Simply Sunshine Products Ltd. trading as Luxipics is a company registered in England and Wales with company number 4640788