“Seller/we/our/us/luxek9/luxek9.com” means Luxe K9
“International Customer” shall mean, “Customer” from outside Canada.
“Website/site/page/pages” shall mean, www. luxek9.com or any other subdomains of luxek9.com which may be accessible unless expressly excluded by their own terms and conditions.
“Customer/you/your” means the person or company using or viewing this Site or placing orders from this Site
“Order” shall mean the submission of an order for products on the “Website” by the “Customer”
Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the 'Agreement')
The prices of the goods will be as quoted on the Website from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system.
Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed. All prices are quoted in Canadian Dollars.
Payments must be made in full prior to items being shipped out. We accept Major credit cards as listed on our website. Any discount codes issued are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. If any of the terms and conditions with which the discount codes were issued contradicts these terms and conditions, the terms and conditions in respect of the discount code will prevail.
We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and we will refund in full any amounts paid by you in respect of the order).
PASSING OF PROPERTY
Luxek9 shall retain the property of the goods until full payment has been made by the Customer and has been received by us. The Customer will own the goods once full payment has been received by Luxek9 and the item or items have been dispatched from Luxek9’s warehouse.
All Orders are subject to acceptance and availability. Upon placing an Order with Luxek9, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by Luxek9.
Order acceptance and the creation of the contract between Luxek9 and the Customer will start at the time the products ordered by the Customer are dispatched from Luxek9's warehouse to be delivered to the address supplied by the Customer.
We use third party payment processors, such as Paypal and Stripe, in order to process and fulfill your payments and orders. We do not store any financial details on our own servers. Luxek9 will take all reasonable care, in so far as it is in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part Luxek9 cannot be held liable for any loss suffered by Luxek9 if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Products purchased from Luxek9 are not for re-sale or distribution. Luxek9 can at its sole discretion restrict ordering to a maximum of 5 pieces of any individual products and reserve the right to cancel any Orders which are suspected as being purchased for re-sale or distribution.
Any date or period for delivery shall be considered as indicative only. It is our policy to try to despatch all orders within 3 working days. Any products not available at the time of your order will be sent to you as soon as possible, when received from our Supplier. In any case, delivery will be made within 30 days after the date we accept your order.
If there are delays in the delivery caused by the supplier, the carrier or any other third party then Luxek9 will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay. If there is a substantial delay you may end the contract by contacting us in writing at our email address (info -at- luxek9.com) and you may be entitled to receive a refund for any products you have paid for but not received.
We only deliver to Canada and a few locations outside of Canada (“International Delivery Destinations”) such as the United States of America, subject to our absolute discretion. However, there may be restrictions on some goods for certain International Delivery Destinations, so please review the information on the Website carefully before ordering goods.
If you order goods from the Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
If Luxek9 deliver your products late then you may treat the order as at an end in any of the following circumstances: if Luxek9 have refused to deliver the goods, if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or if you told Luxek9 before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if Luxek9 don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery.
Where products have been delivered, you must return these to Luxek9 at the address above and we will refund the costs of such return.
All Orders will be delivered using the service as detailed at time of ordering. Luxek9 has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.
PASSING OF RISK
Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. Luxek9 accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
In the event of an order being lost by a third party which has either been authorised by you to accept the products or a courier commissioned by you to deliver the products, Luxek9 bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem within 30 days of delivery by email or otherwise in writing. You will then be required to return the goods together with their original packaging to the Luxek9 address.
Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorised by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods (for the avoidance of doubt, signature for the parcel does not affect your rights of return).
TITLE AND DEFECTS
The Products shall be owned by you once we have received payment in full for the Products and the items has been dispatched by us for delivery. The Customer shall inspect the goods within a reasonable time after their receipt to determine that the products are as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing by email if the goods are faulty or misdescribed and may be entitled to a full or partial refund or to a replacement of the item.
If the goods are to be rejected, the Customer shall comply with the return procedure as defined in this clause. Luxek9 will not accept any returned goods should the return not follow the return procedure.
The Customer must follow the returns policy, by emailing Luxek9 (info -at- luxek9.com) to notify their intention to return any goods, along with a description specifying the damage, defect or wrong item delivery.
In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund within 30 days of the date of delivery of the products. The Customer must notify Luxek9 within 30 days of delivery and return the product to Luxek9 before the refund can be issued.
Upon receipt of your return, we will inspect the returned product and will notify you of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you if you were entitled to a refund for the defective product. Products returned by you because of a severe defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer may be entitled to a partial refund. However, the Customer will be responsible for the cost (shipping, postage, etc.) of returning the item to Luxek9. Goods must be returned to Luxek9 before the partial refund can be issued.
Within 14 days after receipt of the goods, the Customer must contact Luxek9 in writing via the contact details above and, following which, they must be returned to us within 14 days. The goods must be ‘as new’ and unused, in original undamaged packaging, with all tags attached, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to Luxek9. Luxek9 will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 14 days of receipt of the Customer’s returned products to the original form of payment used to make your online purchase.
Returns for Online Purchases Made With Gift Cards, E-Certificates or Store Credit: Refunds can only be made to the exact Gift Card, E-Gift Certificate or Store-Credit Voucher Card used for the original purchase. Please retain the Gift Card, E-Gift Certificate and/or Store Credit Card after your online purchase, for return refunds and future purchases.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL LUXEK9.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF LUXEK9.COM OR A LUXEK9.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LUXEK9.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on luxek9.com may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. luxek9.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. We apologize for any inconvenience this may cause you.
luxek9 welcomes comments regarding its products and services. However, luxek9.com's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by luxek9.com's very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of luxek9.com. None of the Information shall be subject to any obligation of confidentiality on the part of luxek9.com and luxek9.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States or Canada.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Any information passed through to Luxek9 is passed through an HTTP secure platform. If a customer wishes for their information to be removed from our database, this should be requested in writing to info -at- luxek9.com. We retain records as required by law for business purposes and, as such, certain data will still be retained as necessary.
We may collect and process the following data about you:
Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website and purchasing goods.
If you contact us, we may keep a record of that correspondence.
Details of transactions you carry out through the Website and of the fulfilment of your orders.
Details of your visits to the Website.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
We use information held about you in the following ways:
To ensure that content from the Website is presented in the most effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these.
Please note, credit card details are not retained online. The only information stored is a customer's transaction history, name, address, phone number & e-mail address.
By submitting your email address in connection with the order/purchase process, you agree that we may use your email address to contact you for matters regarding your order and other promotional activity. If you wish to cancel your subscription to Luxek9 mailings, you can do so at any time by scrolling to the bottom of the email and clicking on the unsubscribe link. Alternatively, email info -at- luxek9.com with a request to be removed.
The Customer shall respect all licence agreements delivered by the copyright owners. Luxek9 cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
All trademarks shown on www. luxek9.com belong to their registered owners and must not be copied without prior permission.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Whenever you submit a review or make use of another feature that allows you to upload material to the Website, or to make contact with other users of the Website, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, and you indemnify us for any breach of these warranties.
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
We have the right to remove any material or posting you make on the Website if, in our opinion and at our sole discretion, such material does not comply with the content standards set out above.
This site and all contents of the site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. you acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that luxek9.com shall not be liable for any damages of any kind related to your use of this site.
You agree to defend, indemnify and hold luxek9.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
LUXEK9’S COMMUNICATIONS TO YOU
You agree that we may send electronic mail to you for the purpose of advising you of changes or additions to this Site, information relating to your orders, information about any of our products or services, or for such other purpose(s) as we deem appropriate.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.
Law and Jurisdiction
These terms and conditions are governed and shall be interpreted in accordance with Canadian Law and shall be subject to binding arbitration in Ontario by a mutually agreed upon arbitrator.
Any person attempting to make fraudulent credit card transactions will be prosecuted with no exception.