Términos del servicio
1. Identification:
These general contracting conditions apply to all commercial transactions carried out in our virtual store, www.luxloungers.com, domain operated by LUXMARBS LIFESTYLE CONCEPTS S.L. company legally incorporated in Spain (CIF: B67795229), with registered office at Calle Polonia, 27. CP: 29670 Marbella, Malaga.
2. Activity:
www.luxloungers.com is dedicated to the sale and making available to the public of furniture and decoration products.
3. Content and information provided on the website:
www.luxloungers.com reserves the right to modify the commercial offer presented on the website (product modifications, prices, promotions and other commercial and service conditions), at any time.
www.luxloungers.com puts all its effort into making the information on our website truthful and without typos. If such an error occurred, always foreign to the will of www.luxloungers.com, it would be corrected as soon as it was detected. If there is a typographical error in the price of a product and a customer has made a purchase decision based on this error, www.luxloungers.com will notify the customer of that error and the customer may cancel the order at no cost to him, except in his case, the transport costs for the return of the goods.
The contents of the website www.luxloungers.com may sometimes show provisional information about some products. If the information provided does not correspond to the characteristics of the product, the customer will be entitled to terminate his purchase at no cost to him, except in his case, the transport costs for the return of the goods.
The price of furniture and accessories on this website has all taxes excluded.
www.luxloungers.com strives to describe and display all the items sold on its website in the most faithful way possible. The photographs respect as much as possible the physiology of the Lux Loungers product. The products are photographed within an environment and together with other items not included in the sale of the product referred to.
4. Pre-contractual information for the consumer and objective of the contract:
The customer, prior to the conclusion of the contract, undertakes to:
– Read these General Conditions of sale before the completion of the order.
– Review the characteristics of all items included in your order, which are specified in the file of each item.
– Provide www.luxloungers.com with true information about the data requested in the user registration or order registration forms and keep them updated at all times.
www.luxloungers.com undertakes to inform the customer at all times, upon confirmation of the order, about:
– The total price of your orders, taxes included, with shipping costs broken down.
– The different payment methods.
– The conditions, terms and procedures regarding the exercise of your rights as a consumer.
– The cost of returning the items that the customer must support in case of withdrawal.
– The existence of the Post sale service and the legal guarantee of conformity to the goods purchased on our website.
5. Sales system:
With these general conditions of sale, www.luxloungers.com sells and the customer buys remotely the material goods indicated and offered on the website www.luxloungers.com. The contract is concluded exclusively through the Internet network, through the access of the customer and / or user to the website www.luxloungers.com and with the placing of an order according to the procedure provided on this site.
These general conditions of sale, which are accessible from the website www.luxloungers.com, will be reviewed and accepted by the user before the confirmation of their order.
The prices of the products displayed on the website www.luxloungers.com include the Value Added Tax (VAT) that, if applicable, is appropriate to apply.
Purchases to be delivered within the Spanish national territory will be subject to VAT. Purchases that must be delivered in territories of Member States and not members of the European Union, the Canary Islands, Ceuta or Melilla will be exempt from VAT.
6. Availability of articles:
The availability of the products refers to the effective availability at the time the customer places the order. In any case, such availability should be considered purely indicative as:
– The products could be sold to other customers before the order confirmation, by effect of the contemporary presence on the site of more users.
– The products could be sold to other customers before the order confirmation because of the selected payment method; the bank transfer being a payment method that takes several days to become effective.
– A computer anomaly could be verified that would give as valid the availability of a product that is not actually available.
Even after the shipment of the order confirmation email, sent by Lux Loungers, cases of partial or total unavailability of the goods could be verified. In this case, the order will be automatically corrected with the disposal of the product or products in question and the customer will be immediately informed about the method of refunding the already paid parts.
7. Payment method:
The payment of orders by customers may be only through the credit or debit cards indicated on the website www.luxloungers.com, or through bank transfer.
Orders will be paid in full at the time of processing on the website. Once the full payment of the order has been received, it will be validated and the sending of the confirmation email of this. All payment solutions are completely secure and guaranteed by banking and financial institutions. The buyer’s bank details will not be kept in any case by www.luxloungers.com.
As specified in point 6, in cases of payment by transfer, the items of the order will not be reserved until the payment is made and the order is validated. For that reason, the shipping time or availability of such items included in the order could be affected.
8. Shipping:
Orders placed through our website www.luxloungers.com will be delivered to the specified address at the time of purchase, in no case can be picked up personally in the warehouses of Lux Loungers. If an order contains items with different shipping times, this will be shipped based on the longer term. Depending on the items purchased, different deliveries may also be received for the same order. The shipping time of the items is indicated in the sheet of each product. Once the order is validated, the customer will receive an email with the proof of purchase detailing said shipping time.
www.luxloungers.com assumes no responsibility when the delivery of an order cannot be made as a result of the data provided not being correct or incomplete. If the goods are returned to our warehouse for repeated absence of the customer or other causes outside Lux Loungers, we reserve the right to collect again the transport costs or to cancel said order, subtracting the transport costs incurred. When the customer requests to make a modification in the order regarding the change of delivery address, in those cases in which the change of address implies a change of region or province and therefore of carrier, the extra expenses generated by said management, prior communication and acceptance by the customer will be charged.
In case of delay of the order for unplanned issues such as the inability of the logistics to deliver on the agreed date or the need to resort to special means for delivery, it may result in the payment of the extra shipping costs that must be 100% supported by the buyer. If access to your home was not easy, it would be advisable to tell the carrier in advance, to facilitate the delivery of your order. If it is necessary to service elevator platform to access from the facade to the interior of the house, these expenses will be borne by the client.
In case of informing the customer that the goods are already at their disposal and the latter will not receive it, the merchandise may be stored in the seller’s warehouses for a month at no additional cost per storage. If the customer needs to leave the goods for a longer period, the storage m3 will be charged at least € 35 per month.
9. Warranty:
www.luxloungers.com responde a las garantías legalmente exigidas en Ley de Garantías en la Venta de Bienes de Consumo y está obligado a entregar al consumidor un bien que sea conforme con el contrato de compraventa en los términos establecidos en esta ley.
The legal guarantee of our furniture is 24 months against manufacturing defects. Includes the sizes and the material. This warranty excludes from your coverage any damage that may be caused by misuse of the furniture in question, as well as materials subject to wear and tear due to normal or damaged use for having carried improper maintenance.
The following items are specifically excluded from the limited warranty of the products. Lux Loungers shall not be liable for any failure, defect or damage resulting in or related to the following:
- Assembly, disassembly or mishandling of products after they leave our facilities.
- Modification made to the product after production, including structural alterations or the application of any coating on a product not approved by Lux Loungers (including paint, chemicals, varnish, etc.).
- Exponer los productos Lux Loungers al calor de una fuente externa (incluidas parrillas, fogatas y reflejos de ventanas y puertas).
- Normal wear, abuse or neglect, mishandling or otherwise abnormal use, including the combined use of an incompatible product or accessory not manufactured by Lux Loungers.
- Lack of regular/suggested maintenance (see cleaning/maintenance information for details on how to maintain Lux Loungers products).
- Discoloration: Lux Loungers products are made to be UV-resistant to reduce discoloration, but when exposed to the sun, the color will fade to some extent (to protect against discoloration: reduce direct sunlight by storing or covering products).
- Deviations in color, pattern or variations in products purchased at a later date or spare parts, compared to originals.
- For water use, inadequate balance of chemicals in the water in which Lux Loungers products are used.
- Damage caused by fortuitous cases, air pollution or other environmental conditions, corrosive atmospheres, intentional acts, unreasonable use, vandalism or civil disorder.
The warranty does not apply to:
- Transportation, labor or assembly costs
- Incidental or consequential damage resulting from the use of products
- Any party or person other than the original owner.
- Sending a warranty claim
Note: The softening of the padded areas is the result of normal use of the product. Therefore, the loss of hardness of these cannot be interpreted as manufacturing defect.
To make use of the guarantee, it is essential to present the invoice or the proof of purchase by sending an email to postventa@luxloungers.com.
10. Changes:
In case of receipt of defective or non-conforming products to the order placed, the customer is entitled to the repair or replacement of the products, as appropriate, free of charge to him. The customer may exercise this right provided that it meets the deadlines set out below:
- In the case of products damaged during transport, with shocks or breakages visible at the time of delivery, the customer must make the claim within 72 hours from receipt. This claim must be indicated in the same note that it is delivered together with the merchandise and sent in writing through the postventa@luxloungers.com email.
- In case of the manufacturing defect, this being revealed after the delivery of the goods, www.luxloungers.com makes available to the customer its 24-month warranty. (See point 9. Guarantee.)
If the deadlines established in this point are not met, www.luxloungers.com reserves the right not to change the furniture.
Shipping costs will only be refundable in case of defective or non-compliant products to the order placed.
11. Returns and right of withdrawal:
In accordance with the provisions of the General Law for the defense of Consumers and Users, the customer has the right to withdraw from his order for a period of 14 calendar days from the receipt of this, without indicating the reason and without incurring expenses other than those contemplated in this same law.
To exercise their right of withdrawal, the customer must request it through the postventa@luxloungers.com email where the order sheet will be attached and the reasons for its return, must always be sent within the period indicated in the previous paragraph. The items subject to withdrawal must be returned in perfect condition, within their original packaging and provided with all their accessories. The refund will be made within 14 days from the receipt of the withdrawal request and may be retained by Lux Loungers until the goods have been received or until the customer has submitted proof of the return of said goods. The return costs are borne by the customer. No spontaneous return will be accepted without the agreement of www.luxloungers.com.
When the customer requests the cancellation of his order, prior to the receipt of this, the following cases are contemplated:
– That the order has not been shipped, in which case the full refund of the order will be made.
– That the order has been sent, although not yet received by the customer, in which case, said customer must take care of the costs.
12. Consumer obligations:
The customer undertakes at all times to provide www.luxloungers.com with true information about the data requested in the user registration or order fulfillment forms and to keep them updated at all times.
The customer agrees to accept all the provisions and conditions contained in these General Conditions of Contract, understanding that they collect the best possible will to service for the type of activity that develops www.luxloungers.com.
The customer agrees to provide an address in which the order placed at www.luxloungers.com can be delivered, within a usual time of delivery of goods. In case of breach of this obligation by the customer, www.luxloungers.com will have no responsibility for the delay or inability to deliver such order.
13. Security and confidentiality:
www.luxloungers.com guarantees security and confidentiality in all communications with its customers.
All online payment transactions are performed through a secure server, based on the SSL standard that protects data against third-party breach attempts. The purchase process data is stored in a database designed for that purpose.
www.luxloungers.com guarantees the protection and confidentiality of personal data, shipping, payment and any other type, provided to us by our customers, in accordance with the provisions of the regulations on the protection of personal data.
All data provided by our customers to www.luxloungers.com or its employees, will be treated with responsibility and for the purpose of managing the purchase and subsequent delivery of the product; as well as that of managing the guarantees applicable to it and, where appropriate, allow the subsequent transmission of promotional information.
In this regard, we inform you that your data will be communicated to third parties with whom Lux Loungers maintains business relationships. Likewise, your data may be provided to third parties for promotional purposes, through SMS, email, postal mail and others, within the furniture and decoration sector. You can consult detailed information about the use and destination of your data through our data protection policy. You can also request the cancellation regarding communications or commercial promotions through the email hi@luxloungers.com.
14. Intellectual Property
The elements edited on the Site, including, in particular, logos, trademarks, texts, photographs, images, drawings, videos, models, frames, visuals, sound elements, as well as any elements owned by Lux Loungers, are protected by intellectual property rights or industrial property. Consequently, the reproduction or total or partial representation of the Site is strictly prohibited without the express and prior consent of the owners of these rights, and may constitute a violation sanctioned by the provisions relating to Intellectual Property and Industrial Property rights and/or a criminal failure to compromise the responsibility of the persons who have violated the aforementioned rights.
15. Applicable legislation and competent jurisdiction:
These general conditions of sale, as well as the purchases made through the website www.luxloungers.com, are subject to Spanish legislation.
Both parties agree that for any conflict or discrepancy in the interpretation or execution of these general conditions of sale, the parties expressly submit, and waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of Marbella (Spain).
We inform you that you can access the online dispute resolution platform of the European Union, through the Internet address https://ec.europa.eu/consumers/odr/
