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Terms & Conditions

Thank you for visiting Luxley Limited’s (“Luxley”, “we” or “us”) website(s) (including www.luxley.com and www.luxleystore.com) (collectively, the “Site”). Access to and use of the Site and related services (collectively, the “Services”) are made available to you in accordance with the following Terms of Service and any other rules and policies posted on the Site, including the Privacy Policy (collectively, the “Terms of Service” or “TOS”). By using the Services, such as browsing or placing orders on the Site, you are agreeing to all of the Terms of Service.

We will collect, use and store any personal data provided by you in accordance with the Privacy Policy.

This agreement does not acknowledge any relationship between you and Luxley (partnership, collaboration, employment, or otherwise). It does not entitle you to hold yourself in any form whatsoever as a representative of Luxley.

Luxley reserves the right to make changes to the Site or any part of the TOS at any time. Please visit this page from time to time to check for any updates or changes to the TOS (including the said rules and policies and the Privacy Policy).
If you have any comment about the Site or this TOS please feel free to Contact Us.

Registration

In order to use some of the Services available to you on the Site, you will need to register an account. In registering an account and in your use of the Site, you agree to (where necessary) provide information about yourself that is true, accurate, up to date, and complete in all respects. For more information on how we use your personal data please refer to our Privacy Policy.

If you are under 18, by registering for an account with us or otherwise using our Services, you agree that you have informed your parents and guardians about the TOS prior to such registration or use, and they have approved of such registration or use by you on the terms of the TOS. Luxley reserves the right to only accept orders from you if you are aged 18 or over.

We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. In using the Site, you are responsible for: (i) safeguarding any passwords used to access your account and our Services, and (ii) all use of our Services under your account. Please take reasonable care in protecting access to your account from any unauthorised use. If you suspect that the security of your account has been compromised or if there is unauthorized use of your account, please Contact Us immediately.

Prohibitions and failure to comply

We may take actions against your account for activities including, but not limited to:

• Submitting material (including, but not limited to text, images, music or video) of which you do not have the full right to grant the license specified in the “Submitted Content” section above.
• Using any technology to attempt to hide the use of multiple accounts or disrupt any of our Services in any way.
• Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material.
• Advertising or sending unsolicited messages of any kind.
• Impersonating others or providing any kind of false information.
• Starting or forwarding chain letters of any kind.

Luxley reserves the right to terminate any account at its sole discretion. We may send you an email to inform you of the termination of your account in such an event.

Intellectual property

All software and “Content” (which is defined as, or includes, any text, audio or music, video, graphics, photographs, and image) are the intellectual property of Luxley and are protected by intellectual property and copyright laws and international treaty provisions.

The Site is for your personal and non-commercial use only. Any non-personal and/or commercial use of the Content is only permitted when expressly authorised by Luxley and/or its third party licensors. You may not distribute, reproduce, publish, sell or license any Content contained within the Site without prior consent or authorization of Luxley. Any such unauthorized actions may result in civil consequences or criminal penalties.

Luxley reserves the right to withdraw or amend any item of the Services without notice. We will not be liable if for any reason the Site is unavailable at any time and for any period.

Third party links

The Site may include links to other websites or resources that are not operated or prepared by Luxley and as such, will not accept responsibility for them or be liable for any loss or damage caused or alleged to be caused by or in connection with your use of them.

Luxley is not responsible for the content or accuracy of any off-Site pages, which include but is not limited to advertisers of the Site. Use of these external websites or resources will be at your own risk and subject to the terms of use and service contained within each of such sites.

Eligibility to purchase
In order to place orders with us, you must meet our conditions of eligibility:

• Be aged 18 years of age or over
• Be in possession of a valid credit/debit card issued by a licensed bank acceptable to Luxley for payment
• Providing personal and payment details that are warranted by you to be both valid and accurate (email address, real name, phone number, billing information and other requested information as indicated on the Site).

In placing an order with us, you authorise Luxley to process a charge or charges on your credit/debit card in the amount of the total purchase price of your order. You also expressly authorise us to use personal information provided by you to perform appropriate anti-fraud checks such as credit checks and also to, where necessary, transmit or obtain information about you to or from third parties including, but not limited to, credit reference or fraud-prevention agencies, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

All orders are subject to stock availability and confirmation of the order price. Items in your shopping basket are not reserved and may be purchased by other customers.

The Site is for your personal use only. You may not purchase goods from the Site for reselling purposes or commercial exploitation.

Product descriptions

Luxley will endeavour to ensure that the Content and the product descriptions on the Site are as accurate and complete as possible. We however do not warrant that “Content” and product descriptions are accurate, complete, current or error-free. Please refer to our Returns policy if you feel a product offered by Luxley is not as described.

Pricing

Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.

If your credit/debit card is not denominated in Hong Kong Dollars (HKD), the final price charged in your currency will be calculated by your issuing bank in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Taxes and duties applicable to your order depend on the shipping country of your order. These will be paid for by the customer during the checkout process if and when applicable. Hong Kong orders are not subject to taxes and duties.

Payment

We accept payments made by Visa, MasterCard, Paypal, Alipay, WeChat Payments, and others. By placing an order using a Credit/Debit card payment method, you confirm that the Credit/Debit card(s) used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to Luxley, we will not be liable for any delay or non-delivery.

For CUP payments, payment will be debited immediately when the order is placed. For all other payments, payment will only be debited and cleared from your account once your order has been accepted and dispatched.

Our payment processes meet the stringent international security standards set down by the Payment Card Industry to make your shopping experience safe and secure. If you have registered an account on the Site and have decided to save your card details with us, your details will be fully encrypted, solely used to process card transactions that you have initiated and securely stored on our systems. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.

Acceptance of your order

Once you have entered your personal and payment details to place your order, we will send you an email acknowledging the receipt of your order request. This email is only a confirmation of receipt of your order request and does not constitute an acceptance of your order.

Your order will be accepted and the contract between you and Luxley will be completed when we send you an email to confirm the goods have been dispatched to you and your payment has been accepted. Only the goods listed in the confirmation email sent at the time of dispatch are subject of the sale contract. All sales contracts are made in Hong Kong (SAR) and are written in English.

Luxley reserves its right not to accept an order for any reason in its sole discretion (including, but not limited to, any of the following):

• The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items.
• We identify a pricing or product description error.
• We are unable to obtain authorisation for your payment.
• You do not meet the eligibility criteria to purchase the Product in accordance with our Terms and Conditions of Service.

Our Customer Service team will contact you as soon as possible if there are any problems with your order.

Shipping and collections

We endeavour to dispatch all products ordered within 24 hours after the order has been placed and accepted by us. You will be given an indication of the expected delivery time when you place your order online. Luxley’s teams will try their best to meet these estimates but cannot guarantee that such estimates must be met.
Luxley insures each order through transit up until it is delivered to you or is collected. You may need to sign a confirmation of receipt of the products when the products are collected and by doing so, you accept the responsibility for the products ordered from that moment onwards. If the recipient or collector is not the original purchaser, or in case of delivery of a gift, then you accept this signature as an evidence of delivery and fulfilment of your order by Luxley. You also accept the associated transfer of responsibility in the same way.

Compliance with Luxley’s operations policies

Any customer who violates Luxley’s Operations Policies, abuses Luxley Returns Policy (including without limitation demonstrating a high incidence of returns of Merchandise after purchase), or engages in inappropriate behaviour (including without limitation abuse of Luxley staff), or illegal activities (including parallel importing or passing off of Merchandise purchased at Luxley) may suffer the following consequences:

• Customer may be black listed by Luxley and future custom refused;
• Return or exchange of Merchandise may be declined;

The decision as to whether a customer has violated Luxley’s Operations Policies or abused Luxley Returns Policy or engaged in inappropriate behaviour remains within Luxley’s sole discretion and its decision shall be final. Suspected illegal activities will be referred to Luxley’s legal department for further investigation and action.

Returns or exchanges

Unless otherwise stated, this Returns Policy applies to online purchases.
Merchandise may be exchanged (subject to stock availability) or returned within 30 days of receipt (in the case of online purchases) of Merchandise provided that:

(1) all tags, certificates, warranties, care instructions, product labelling, authenticity cards, extra buttons, hangers, dust bags and boxes (in the case of shoes) are intact and returned together with the Merchandise;
(2) the Merchandise does not fall within the category of “Excluded Items” as defined below;
(3) the Merchandise is in Sellable Condition as defined below; and
(4) a completed returns form is presented

Returns or exchanges outside 30 days of receipt of Merchandise (as the case may be) may be accepted at the sole discretion of Luxley.

Sellable condition

“Sellable Condition” means that the Merchandise is still in its original packaging with the original labels, garment tags, price tags and return tags still attached; that the Merchandise is unworn, unused, unwashed, unaltered and in the condition originally sold; and that the Merchandise is not damaged in any way.
The decision as to whether the Merchandise is in Sellable Condition remains within Luxley’s sole discretion and its decision shall be final.

For returns of online purchases, if Luxley receives a return that cannot be accepted, the customer can have the Merchandise re-shipped to the customer at his/her sole cost.

Excluded items

No return or exchange will be accepted for products marked as including Exotic Leathers unique or fragile Merchandise invoiced as “no refund” “no return no exchange”, Pre-sale, Sale of Aged Stock Merchandise invoiced as “no return no exchange”, (the “Excluded Items”).

The only exception permitted in the case of Excluded Items is in the case of faulty or damaged items (“Defective Merchandise”). In this case the Merchandise will be returned to the Supplier or for independent assessment by a third party to determine whether the Merchandise is defective. Merchandise damaged as a result of fair wear and tear will not be accepted as defective. If the Merchandise is determined to be Defective Merchandise, the customer will be entitled to repair or full refund as appropriate within the circumstances at the sole expense of the Supplier. Luxley will use its best efforts to secure such repairs or refund on behalf of the customer but accepts no liability whatsoever howsoever arising for the defective items supplied by the Supplier.

Refunds

Refunds will be made for the original purchase amount back to the same payment method, on presentation by the customer, within 30 days of receipt of the Merchandise subject to inspection and compliance with the policy under “Return of Defective Merchandise” below. No credit may be issued i.e. Merchandise purchased will not be refunded or exchanged. If the original purchase involved any taxes and duties, it will be the customer’s responsibility to make a claim to the relevant customs department of the destination country to request a refund for the total amount of taxes and duties paid.

Any free promotional gift issued with the returned Merchandise must also be returned.

Return of defective merchandise

For online purchases, customers should contact Luxley in respect of any Defective Merchandise immediately by emailing the Customer Support Team at support@www.luxley.com. Luxley reserves the right to request photographic support regarding Defective Merchandise before authorising a return. If requested, the Customer shall sign a waiver to indicate their acceptance that Luxley assumes no liability in respect of the Defective Merchandise but will present it for inspection to the Supplier or an independent third party for assessment.

Refunds for the original purchase amount of the Defective Merchandise will be paid by Luxley on behalf of the Supplier of the Defective Merchandise directly to the customer, the original purchase amount will be credited back to the credit card used by the customer to purchase the Defective Merchandise (if purchased by credit card). Cash refunds are not available.

Exchanges

Luxley currently does not provide direct item exchanges. As such, customers will need to process a return of the Merchandise and place a new order.

Contact us

Please contact Customer Support team at support@www.luxley.com regarding any questions.

Your rights

Nothing in the TOS is intended to affect your rights under the Law in Hong Kong SAR.

Liability

Views expressed in any media by the designers, companies or third parties, whose products are sold at our stores or on the Site or with whom we are associated, are their own. Luxley takes no responsibility for any such views as they do not necessarily reflect ours.

Luxley does not guarantee that the use of the Site and Services will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.

Some events may happen beyond our reasonable control, such as adverse weather. Under such conditions, Luxley will always do its best to aim at maintaining its Services but will not be responsible for failing to meet any obligations in this TOS.
Indemnity and waiver

At our request, you agree to compensate us fully and hold us, Luxley (including its officers, directors, agents, affiliates, licensors, and suppliers), harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you. This includes the use of the Site by any other persons using your account caused by your action or inaction.

If you breach the TOS and we take no action against you, it does not constitute a waiver for us to exercise our rights and remedies in any other situation where you breach the TOS.

Complaints

We have our complaints handling procedure that we will use to try to resolve any disputes when they first arise. Please contact our Customer Care team for any order related complaints or comments.

Luxley respects the intellectual property of others. If you have reason to believe your work may have been used in the Site without your permission, please contact us following this complaints handling procedure.

Governing law and jurisdiction

The TOS, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these TOS.

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