In any order from a Customer (as defined below) for the purchase of Products (as defined below) from Luxuria Limited's website or for an order placed by telephone or by post or by any other method, Luxuria Limited acts solely as agent of the makers, artists or designers (as the case may be) of the Products, and references to Luxuria Limited in these Conditions shall be construed accordingly. The Customer's contract for the purchase of the Products is with the makers, artists or designers of the Products.

In some cases, especially where a bespoke commission is involved, the makers, artists or designers of the Products may require the Customer to sign a bespoke form of written contract setting out the terms and conditions agreed.

Subject to the above, any order and subsequent purchase of Products from Luxuria Limited shall be governed solely by the following terms and conditions.

1. 1. Interpretation

   1. 1.1 In these Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

      "Conditions" means the standard terms and conditions of sale set out in this document and any other terms and conditions specified by Luxuria on its acknowledgement of order;

      "Contract" means any contract for the supply of the Products from the makers, artists or designers of the Products to the Customer;

      "Customer" means the individual, firm, company or other party with whom Luxuria contracts on these Conditions as agent of the makers, artists or designers of the Products;

      "Products" means the products that the Customer wishes to purchase as set out in the order;

      "Luxuria" means Luxuria Limited (Company number 06361650), whose registered office is at 9 Beam Hollow, Farnham, Surrey GU9 0NA, acting solely as agent of the makers, artists or designers of the Products;

      "Price" means the price of the Products as set out in clause 6 below;

      "Quotation" in relation to bespoke commissions the quotation issued by Luxuria to the Customer in connection with the supply of the Products;

      "Writing" any written form including facsimile transmission, email and comparable means of communication

2. 2. Contract Terms, Variations and Acknowledgements

   1. 2.1 The Contract shall be subject to these Conditions and except as provided in clause 2.3 no representative or agent of Luxuria has authority to agree any terms or make any representations inconsistent with them or to enter into a Contract except on the basis of these Conditions.

   2. 2.2 The Contract will be subject to these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or pre-contract negotiations) or any inconsistent terms implied by law or trade custom, practice or course of dealing.

   3. 2.3 These Conditions apply to all of Luxuria's sales (acting as agent of the relevant makers, artists or designers of the Products) under these Conditions for the Products and any variation to these Conditions and any representations about the Products shall have no effect unless expressly agreed in writing and signed by a director of Luxuria.

3. 3. Quotations

   1. 3.1 No order for bespoke commissions or otherwise shall be binding on Luxuria unless and until such order is accepted by Luxuria pursuant to clause 3.2. If Luxuria so requires verbal orders shall be confirmed by the Customer in writing. An order for Products can only be validly placed by a Customer on the website of Luxuria or by phone call or by post.

   2. 3.2 Each order for Products by the Customer shall be deemed to be an offer by the Customer to purchase Products on these Conditions. No order placed by the Customer shall be deemed to be accepted by Luxuria until a written acknowledgement of order is issued by Luxuria or (if earlier) the makers, artists or designers delivers the Products to the Customer. No changes may be made to an order once it has been accepted by Luxuria.

   3. 3.3 Luxuria has absolute right to refuse acceptance of any order including without limitation if the order has not been entered onto the Luxuria website correctly or if the order is not accepted by the Luxuria website.

   4. 3.4 Except when incorporated in the Quotation by specific reference all specifications, drawings, particulars of weight, shapes, descriptions, illustrations, prices and other advertising material contained in Luxuria's website, catalogues, photographs or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them and will not form a representation or be part of the Contract.

   5. 3.5 Any drawing, photographic material of any description, catalogue, literature, leaflets, blueprints, Quotations and all or any other documents produced for the purpose of providing the Products and all intellectual property rights in the same shall remain the exclusive property of the makers, artists or designers and shall not be copied or otherwise reproduced by the Customer without first obtaining consent in Writing.

   6. 3.6 Luxuria shall make every effort to ensure that all orders are fulfilled, however Luxuria cannot guarantee the availability of Products. If the Products the Customer has ordered are unavailable, Luxuria will contact the Customer to offer a replacement or a refund.

4. 4. Customer Obligations

   1. 4.1 By submitting an order the Customer warrants, represents and undertakes the Customer:

      1. 4.1.1 will supply, full, accurate and complete details of the Customer as may be reasonably requested by Luxuria including without limitation the full name and address of the Customer;

      2. 4.1.3 is aged 16 or over; and

      3. 4.1.4 that the Customer is the authorized holder of any credit/debit card that is used to pay for the Products and that in relation to the first order the Products shall be delivered to the address at which the credit/debit card is registered.

5. 5. Price of the Products

   1. 5.1 Without prejudice to clause 5.2 the price of the Products shall be as set out on the website of Luxuria.

   2. 5.2 Unless stated otherwise the price for the Products are exclusive of any value added tax, and all other taxes, duties and other government charges and all costs or charges in relation to loading, unloading, carriage, delivery, insurance and shipment of the Products. Wherever possible such additional costs as specified in this clause shall be quoted on the website or at the time of order. Where this is not possible Luxuria will supply details of the additional costs within 5 days of receipt of the order.

6. 6. Terms of payment

   1. 6.1 Luxuria requires payment in full in UK Pounds Sterling or US Dollars or Euro or any other agreed currency on the date on which the Customer places his or her order with Luxuria. The Customer shall pay the requisite price of the Products by authorizing Luxuria to make a debit payment from the Customer's credit or debit card or bank account for purchases up to £4,000, or by providing Luxuria with the Customer's bank account details so that a bank transfer can be made for purchases in excess of £4,000. The Customer undertakes to provide the details of the nominated credit or debit card, or the nominated bank account details, upon placing the order on the website or by telephone.

   2. 6.2 The time for payment of the price shall be of the essence of the Contract and the Customer shall not withhold payment for any reason whatsoever including but not limited to where the parties are in dispute in relation to the Contract or any part thereof. All payments for the Products shall be made to Luxuria by the Customer.

   3. 6.3 No payment shall be deemed to have been received until Luxuria has received cleared funds and Products shall not be dispatched until payments due under the Contract have been made in full. The Customer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.

7. 7. Delivery

   1. 7.1 Delivery of the Products shall take place when the Products arrive at the Customer's address specified on the order.

   2. 7.2 Any dates quoted or specified by Luxuria for delivery of the Products are approximate only and time for delivery shall not be of the essence or made of the essence by notice. In the event that no date for delivery is specified, delivery will be within a reasonable time. The Products may be delivered by the makers, artists or designers of the Products in advance of the quoted delivery date upon giving reasonable notice to the Customer.

   3. 7.3 Subject to the other provisions of these Conditions, neither Luxuria or the makers, artists or designers of the Products, will be liable for any loss (including but not limited to loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products (even if caused by Luxuria's or the makers, artists or designers of the Products negligence), nor will any delay entitle the Customer to terminate or rescind the Contract unless such delay exceeds 180 days.

   4. 7.4 The Customer will take delivery of the Products as soon as reasonably practicable when Luxuria or the makers, artists or designers of the Products shall give the Customer notice that the Products are ready for delivery.

   5. 7.5 If for any reason the Customer fails to take or will not accept delivery of the Products when they are ready for delivery, or the makers, artists or designers of the Products is unable to deliver the Products on time because the Customer has not provided appropriate instructions, documents, licenses or authorisations then without prejudice to any other right or remedy available to the makers, artists or designers of the Products:

      1. 7.5.1 the makers, artists or designers of the Products may store the Products until actual delivery whereupon the Customer will be liable for all related costs and expenses (including without limitation storage and insurance) and Luxuria will be entitled to invoice the Customer for such costs and expenses monthly in arrears;

      2. 7.5.2 the risk in the Products will pass to the Customer;

      3. 7.5.3 the Products will be deemed to have been delivered;

      4. 7.5.4 Luxuria or the makers, artists or designers of the Products may sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.

8. 8. Inspection of Products

   1. 8.1 Upon delivery of the Products the Customer must inspect them carefully. If any of the Products do not match the description or appear to be damaged or are missing, the Customer must not use the Products or any items accompanying the Products, and the Customer should contact Luxuria immediately in writing by email and phone.

   2. 8.2 The Customer must notify Luxuria immediately if there are any defects in the Products which are apparent through inspection or use of the Products.

   3. 8.3 If the Products are defective on delivery, the makers, artists or designers shall in their absolute discretion as the sole remedy repair or replace such Products or give a refund.

   4. 8.4 If the Products are defective in accordance with any of Clauses 8.1 to 8.3 the Customer agrees to return the defective Products to the makers, artists or designers of the Products in the same and "as new" condition as when received, including all items and packaging accompanying the Products. In these circumstances the makers, artists or designers of the Products shall be responsible for the costs of return packaging and carriage.

   5. 8.5 The quantity of any consignment of Products as recorded by the makers, artists or designers of the Products upon dispatch from the makers, artists or designers of the Products place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.

9. 9. Risk and Title

   1. 9.1 The risk of damage to or loss of the Products shall pass to the Customer:

      1. 9.1.1 on delivery; or

      2. 9.1.2 the date on which the Customer defaults (which expression shall have the meaning set out in clause 9.2); or

      3. 9.1.3 the date on which the Products being ready for delivery, delivery or performance of the Contract is postponed at the Customer's request whichever shall first occur. For the avoidance of doubt delivery of the Products shall be deemed to be completed when delivered at the Customer's address.

   2. 9.2 For the purpose of clause 9.1.2 "default" shall mean if the Customer fails to take delivery of the Products on the due date or fails to provide an address for delivery of the Products as required.

   3. 9.3 Title in the Products shall pass to the Customer when the Products are delivered to the address of the Customer provided that Luxuria has received payment in full for the Products.

10. 10. Warranty and Liability

    1. 10.1 The makers, artists or designers of the Products warrant for a period of 30 days from delivery of the Products that (subject to the other provisions of these Conditions), upon delivery the Products will be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

    2. 10.2 The makers, artists or designers of the Products shall not be liable for breach of any of the warranty in clause 10.1 unless:

       1. 10.2.1 the Customer gives written notice (whether or not delivery is refused by the Customer) to Luxuria of the defect within 2 days of delivery but in any event no later than 7 days after the date of delivery; and

       2. 10.2.2 the makers, artists or designers are given a reasonable opportunity after receiving the notice of examining such Products which are defective and for this purpose the Customer shall provide authority for the makers, artists or designers to inspect any defective Products within 3 days of a request being made by the makers, artists or designers.

    3. 10.3 The makers, artists or designers of the Products shall not be liable for a breach of any of the warranty in clause 10.1 and shall be under no liability under any other warranty, condition or guarantee if:

       1. 10.3.1 any defect in the Products arises from any instructions supplied by the Customer;

       2. 10.3.2 any defect arises from fair wear and tear, willful damage, negligence, or abnormal working conditions or because the Customer has failed to follow instructions (whether oral or in writing), including but not limited to as to the storage, use or maintenance of the Products or (if there are none) good practice;

       3. 10.3.3 the total price for the Products and all associated carriage costs have not been paid by the due date for payment;

       4. 10.3.4 any parts, materials or equipment are not manufactured by the makers, artists or designers of the Products, in which case the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the makers, artists or designers of the Products;

       5. 10.3.5 the Customer makes any further use of such Products after giving notice under clause 10.1;

       6. 10.3.6 the Customer misuses, alters, process or repairs such Products without the written consent of the makers, artists or designers of the Products.

    4. 10.4 Save as provided in this Clause 10, Luxuria or the makers, artists or designers of the Products shall not be under any liability whether in contract, tort or otherwise in respect of any deficiency in the Products or for any damage or loss resulting from any such deficiency or from any work done or omitted. The remedies specified herein shall be the Customer's sole and entire remedy in respect of any breach of the foregoing warranties, non conformity of or deficiencies in the Products.

    5. 10.5 The foregoing warranties shall be in lieu of any and all other warranties, conditions or guarantees as to description, quality, fitness for any particular purpose, satisfactory or merchantable quality of the Products or any other warranty, condition or guarantee whether express or implied except any statutory implied terms as to title.

11. 11. Limitation of Liability

    1. 11.1 The following provisions set out the entire financial liability of Luxuria and the makers, artists or designers of the Products (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

       1. 11.1.1 any breach of these Conditions or the Contract;

       2. 11.1.2 any use made or resale by the Customer of any of the Products, or of any product incorporating any of the Products; and

       3. 11.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

    2. 11.2 Save as expressly provided in these Conditions all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by Section 12 of the Sale of Goods Act 1979 and Section 2 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the Contract.

    3. 11.3 Nothing in these Conditions excludes or limits the liability of Luxuria or the makers, artists or designers of the Products for death or personal injury caused by Luxuria's or the makers, artists or designers of the Products negligence or fraudulent misrepresentation or liability to consumers for defective products under the Consumer Protection Act 1987.

    4. 11.4 Luxuria's or the makers, artists or designers of the Products total liability in contract, tort (including negligence or breach of statutory duty or where the Products breach, infringe or make unauthorized use of third party rights), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall not exceed the price of the Products.

    5. 11.5 Luxuria or the makers, artists or designers of the Products shall not be liable to the for any loss of profits or for any indirect, special or consequential loss or damage (whether for loss of business, depletion of goodwill or otherwise), costs or expenses or other claims for compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Products.

    6. 11.6 Luxuria or the makers, artists or designers of the Products accept no responsibility or liability where the Products cannot be provided as a result of any act or omission of the Customer and in such event the Customer shall still be liable to pay Luxuria for the Products as if the same had been duly performed.

12. 12. Force Majeure
    1. 12.1 Luxuria or the makers, artists or designers of the Products reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the Products ordered by the Customer and shall not be liable to the Customer or be deemed to be in breach of the Contract if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Luxuria or the makers, artists or designers of the Products. In the event that the delay continues for a continuous period in excess of 3 months, the Customer shall be entitled to give notice in writing to Luxuria or the makers, artists or designers of the Products to terminate the Contract.
13. 13. Cancellation

    1. 13.1 The Customer may cancel the order within 7 days of the date of order. In the event of cancellation the Customer shall promptly return the Products if delivered, and any items and packaging accompanying the Products direct to the makers, artists or designers of the Products.

    2. 13.2 Luxuria shall, subject to such Products and items being returned in a "as new" and unused condition, reimburse the Customer within thirty (30) days of the day on which notice of cancellation is given, or the returned Products and items are received by the makers, artists or designers of the Products, whichever is the earlier. Such a refund will include the total price paid for the Products but shall not include any costs of returning the Products such as postage and packing.

    3. 13.3 Products returned under this clause 13 shall be returned in a "as new" condition. Luxuria shall be entitled to deduct monies for damage to the Products and Luxuria shall also charge a restocking fee of 5% of the Charges paid for the Products. Monies will be refunded by the same method of payment as originally paid to Luxuria.

14. 14. Assignment

    1. 14.1 Neither party shall be entitled to assign the Contract or any part of it without the prior written consent of Luxuria or the makers, artists or designers of the Products.

15. 15. General

    1. 15.1 Failure or delay by Luxuria in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.

    2. 15.2 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

    3. 15.3 No waiver by Luxuria of any breach of, or any default under, any provision of the Contract by the Customer shall be considered or be deemed as a waiver of any subsequent breach or default of the same and will in no way affect the other terms of the Contract.

    4. 15.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the English Courts.

16. 16. Communications

    1. 16.1 All communications between the parties about the Contract must be in writing and delivered by hand or sent by first class post or sent by facsimile transmission or by email :

       1. 16.1.1 (in case of communications to Luxuria) to its registered office or such changed address as shall be notified to the Customer by Luxuria; or

       2. 16.1.2 (in the case of communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of this Contract or such other address as shall be notified to Luxuria by the Customer.