Terms & Conditions

1.0 INTRODUCTION

1.1 Luxebath is an online supplier of stone baths, basins and tapware to Australia.

1.2 These Standard Terms & Conditions are applicable to all products supplied by Luxebath and therefore once the quotation is accepted, these Standard Terms & Conditions apply and are agreed to by the Customer.

1.3 A copy of Luxebath current Standard Terms & Conditions is displayed on the Luxebath website. Luxebath may change these Standard Terms & Conditions by changing or removing existing terms or adding new ones. It is the Customer’s responsibility to check these Standard Terms & Conditions regularly for any modifications or updates.

2.0 WARRANTY

2.1 Luxebath Baths and basins are warranted for 10 years and tapware for 7 ½ years provided that the goods are installed in its original place and are not resold separately.

2.2 This warranty excludes seals and /or washers, damage caused by neglect, improper or inadequate care, wilful or accidental damage, abnormal conditions, incorrect modification or repair, inappropriate use for which it isn’t designed and deterioration through normal wear and tear and where not installed by an industry qualified tradesperson.

3.0 QUOTATIONS

3.1 Quotations are valid for 30 days

3.2 Luxebath reserve the right to re-price an expired quotation if the Customer wants to proceed with the original quotation.

3.3 Should there be any changes to the specification, quantities or delivery destination, a revision to the quotation or invoice will be required, as prices and delivery may be affected.

3.4 Although this is an estimate, Luxebath commit to maintaining these prices subject only to recovery of additional costs incurred by us due to manufacturers’ increases and/or movement in foreign exchange rate from the date of the original quotation in whichcase Luxebath reserve the right to retender the quotation.

3.5 Once the Customer confirms the quotation with Luxebath, then the quotation is fixed and foreign exchange rate fluctuation and increased manufacturers’ costs risk rests with Luxebath excluding Customers revisions outlined but not limited to clause 3.3.

4.0 PAYMENT

4.1 All prices are quoted in the local currency including GST

4.2 Payment is to be made to Luxebath bank account supplied

4.3 Credit card payments will attract a fee – available in New Zealand only

4.4 For indent orders:

(a) A 40% deposit is required on receipt of the invoice. Please note the Customers order will NOT be ordered from the manufacturer until the deposit is paid.

(b) The balance of payment is required as soon as the Customer’s product is within one week of arriving in country.

4.5 For retail orders, full payment is required on receipt of the invoice.

4.6 Luxebath reserve the right to charge storage on goods that remain unpaid. However if paid in full, Luxebath will store Customer’s goods for up to a period of 3 months free of charge.

4.7 Unless agreed otherwise, all goods will be paid for in full, prior to despatch or collection.

5.0 INDENT ORDERS

5.1 Indent orders have a delivery lead time of between 8-10 weeks from the date that the deposit is received.

5.2 Refer to Clause 4.4 a. &4.4 b. for indent payment requirements

5.3 If Luxebath are unable to deliver the indented goods within the time frame referred to in clause 5.1, then Luxebath will be permitted a further 4 weeks to complete the order with no cancellation. If there are further delays experienced, the Customer has the right of cancellation and a full refund subject to final confirmation by Luxebath Directors.

5.4 In the event we are unable to complete the Customers indented or retail order due to circumstances beyond Luxebath control, Luxebath may cancel the Customer’s order with written notice and either refund the Customer fully or replace it with another product of the Customer’s choice.

6.0 DELIVERIES & WAREHOUSE COLLECTIONS

6.1 Transport deliveries are contracted out to a 3rd party contractor which provides deliveries on a warehouse to kerb basis.

6.3 It is the Customer’s responsibility to supply the correct and full address. Failure to do so, may result in additional charges which the Customer will be required to pay prior to the goods being despatched again.

6.6 All goods delivered to the Customers premises must be inspected within 48 hours of receipt of the delivery docket.

6.7 If required Luxebath offer an additional service of onsite delivery services at an extra cost ie carrying bath upstairs to location

6.8 Luxebath will not be responsible for any failure to fulfil any or part of any such order, nor entitle the Customer to cancel or vary any such order. Luxebath will not be held liable whatsoever for any loss, consequential damages or compensation arising from a delayed or cancelled order. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the Customer will be at the Customer’s cost.

6.9 Luxebath may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.

6.10 Delivered goods may not be returned unless defective or damaged in transit.

6.11 The Customer or the Customer appointed Transport Company can pick-up the Customer’s goods from Luxebath Sydney warehouse only if required.

6.12 24 hours notice is required prior to Customer pickup.

6.13 The warehouse will assist with loading the goods, but it is the Customer’s sole responsibility to secure the goods for transport. Once the goods have been loaded, then the transport and handling thereafter is entirely at the Customers risk.

7.0 DIMENSIONS & DESCRIPTIONS

7.1 Luxebath and its affiliates attempt to be as accurate as possible in regards to the description and dimensions of the goods. However, Luxebath does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Luxebath itself is not as described, the Customer’s sole remedy is to return it in unused condition.

7.2 The Customer is entirely responsible for ensuring the goods purchased are fit for purpose in terms of shape, size and colour and agrees to same once the Customer order is confirmed.

8.0 CANCELLATIONS / RETURNS

8.1 If the goods sold are a normal stock item and the order is cancelled before despatch, a full refund will be paid to your bank account subject to final approval by Luxebath Directors.

8.2 If the goods are a normally stocked item and in transit from the manufacturer, a full refund will be made to your bank account subject to final approval by Luxebath Directors.

8.3 Custom made goods or special orders may not be returned and refunded unless at Luxebath Director’s discretion.

8.4 If approved by Luxebath Directors, goods that have already been delivered to the Customer may be subject to a 20% restocking fee prior to return to the warehouse plus other associated costs.

9.0 INSURANCE / CLAIMS

9.1 All goods delivered to the Customer’s premises must be inspected within 48 hours of receipt of the delivery docket.

9.2 If any damage is noted, the Customer must notify Luxebath within 48 hours of delivery and in writing within 72 hours of delivery providing proof of damage and images to sales@Luxebath.com.au (Australia

9.3 Claims will not be accepted by Luxebath after 48 hours of receipt of the delivery docket.

9.4 Claims may be subject to inspection and if requested must be returned in their original packaging.

10.0 ENFORCEMENT

10.1 If an event of default occurs or is continuing, Luxebath may immediately enforce these Terms. Without limitation this includes:

(a) retaking possession of any goods not paid for by the Customer;

(b) suspending delivery of any goods on order and/or refusing to process any unfulfilled order.

(c) enforcing any security interest.

(d) requiring payment of any proceeds held by the Customer in a separate account or otherwise.

(e) appointing a receiver and manager of any of the Customer’s real or personal property. The Customer agrees that any such receiver and manager has the powers conferred by the appropriate Act.

The powers exercisable by Luxebath are those given by these Terms including by statute, at law or in equity.

12.0 RISK & TITLE

12.1 Risk in any goods passes to the Customer on delivery.

12.2 Title remains with Luxebath until the Customer has paid Luxebath for all goods supplied in full and in cleared funds. Until title passes to the Customer, the Customer will hold them on trust and as bailee for Luxebath.

13.0 FORCE MAJEURE

13.1 Luxebath is not liable for any delay or failure to perform any obligation in the Customer’s favour arising as a result of any event beyond Luxebath control.

14.0 GOVERNING LAW

14.1 These terms are governed by the Laws of NSW for Australia.

15.0 EXCLUSION OF IMPLIED TERMS

15.1 To the extent permitted by law, Luxebath excludes all conditions, warranties, terms and consumer guarantees implied by law (including Australian Consumer Law) arising in connection with a supply of goods or services. To the extent permitted by law, Luxebath limits its liability in its discretion to replacing the goods or supplying equivalent goods, or, in the case of services, by supplying the services again. The Customer will rely entirely on its own knowledge, skill and judgment in selecting goods which it orders from Luxebath from time to time.

16.0 LIMITATION OF LIABILITY

16.1 To the extent permitted by law, Luxebath excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods and services for any indirect damages or losses, or for any special, punitive or exemplary damages. This includes any liability for a claim that the goods are not fit for a particular purpose, except where the goods are consumer goods or services in which case Luxebath’s liability is limited as under clause 16.

17.0 SECURITY AGREEMENT

17.1 The Customer agrees that these Terms, including any order and invoice covering any goods ordered by the Customer, constitute a security agreement for the purposes of the PPSA.

18.0 CONSENT

18.1 The Customer agrees that Luxebath may, subject to the Privacy Act, disclose commercial credit-related information of the Customer, or in the case of a Company, of the proprietors of the Customer, to credit reporting bodies for the purposes of assessing credit worthiness and providing the credit to the Customer. The Customer consents to the collection of commercial credit-related information about the Customer, from credit reporting bodies and other sources in accordance with the Luxebath Privacy (Credit Information) Policy, located on its website. The Customer also agrees that Luxebath may use personal information other than commercial-credit related information for direct marketing.

19.0 PRIVACY

19.1 Luxebath warrant that all Customer details shall remain confidential to Luxebath unless required for delivery purposes or instructed by law.

20.0 GENERAL

20.4 These Terms contain the entire agreement in respect of the supply of goods or services to the Customer.