Terms of Service
SECTION 1 – INTRODUCTION
1.1 These Terms and Conditions apply to the use of our website and to the purchase of products offered through our website.
1.2 Definitions and interpretations of these Terms can be found in Section 26.
SECTION 2 – CONSENT
2.1 You represent and warrant that:
(a) You are a natural person and at least 18 years of age;
(b) You are legally capable of entering into a binding agreement with us; and
(c) You are not prevented by any applicable laws or contracts from entering into such a binding agreement.
2.2 We reserve the right to request written confirmation of your eligibility to accept these Terms.
2.3 You represent and warrant that you have not:
(a) been convicted of any computer- or internet-related offence; and
(b) previously been excluded from purchasing products or accessing the website.
2.4 We reserve the right to deny you access to our website if we consider such refusal necessary or appropriate.
2.5 By placing an order, you declare that:
(a) You have read these Terms carefully and in full;
(b) You offer to purchase solely under these Terms;
(c) Your order confirmation is based exclusively on these Terms; and
(d) You agree to comply with these Terms.
2.6 If you do not agree to these Terms, you may not use the website or purchase any products.
2.7 You must expressly agree to these Terms in order to:
(a) send or submit any information to or through our website; or
(b) purchase any product.
2.8 By visiting our website, purchasing products, or agreeing to these Terms:
(a) you also accept our Privacy Policy; and
(b) you agree to comply with our Acceptable Use Policy (see Section 12 below for further details).
2.9 We recommend that you print a copy of these Terms for future reference.
2.10 If you do not agree to these Terms, you must not place an order or contact us.
SECTION 3 – PERSONAL USE
You confirm that you are using the website solely for the purchase of products for your personal, non-commercial use as an individual consumer and that you are not acting as an agent or on behalf of any other person.
SECTION 4 – PRICES
4.1 The prices displayed on our website for products include delivery costs but exclude any fees, taxes, customs duties, or other similar governmental charges (“unpaid and untaxed”).
4.2 All customs duties, taxes, levies, or other governmental charges, as well as any declarations related to the import of the products to the delivery address, are your responsibility and are not included in the product price. In certain cases, deliveries may incur additional costs for which the seller is not responsible and which must be borne by the customer. These may include, in addition to shipping costs, customs duties or import VAT, as the goods are shipped from a non-EU country (China). Before placing an order, please contact customer service to clarify whether customs duties apply to a particular product.
4.3 We make every reasonable effort to ensure that all details, descriptions, and prices of products displayed on our website are accurate. If we discover a pricing error, we will notify you as soon as possible and give you the option to confirm your order at the correct price or cancel it.
4.4 We are under no obligation to fulfil any order if the price displayed on the website is incorrect (even after you have received an order confirmation).
4.5 Prices may change from time to time. However, such changes will not affect an order for which an order confirmation has already been sent.
SECTION 5 – PLACING AN ORDER
5.1 Once you have placed an order, fulfilment of that order is subject to availability. If we have sufficient stock to fulfil your order, you will receive an order confirmation acknowledging receipt of your order.
5.2 A contract is formed only when we issue an order confirmation, and only in relation to the products specified in that order confirmation.
5.3 If your order includes multiple products, they may be delivered to you in separate shipments at different times.
5.4 We reserve the right to remove products from the website at any time.
5.5 We reserve the right to decline or cancel any order you have placed at any time (even after sending an order confirmation).
5.6 If we cancel your order after payment has been received, the full payment amount will be refunded.
SECTION 6 – PAYMENT
6.1 You may pay for the products using any of the payment providers specified on our website.
6.2 We are not responsible for any unauthorised use of your credit, debit, or prepaid cards by third parties, even if such cards have been reported as stolen.
6.3 You must not initiate a chargeback or attempt to obtain a refund in respect of any payment made for products purchased from us.
SECTION 7 – DELIVERY
7.1 We will use reasonable efforts to deliver your order to the delivery address specified at the time of ordering.
7.2 An estimated delivery date will be provided at checkout.
7.3 If we are unable to deliver products to certain locations, we will inform you and arrange for cancellation and refund of the order.
7.4 Risk in the products shall pass to you upon delivery to the delivery address.
Contact Us
For any questions or concerns about these Terms, the website, or the products, please contact us by e-mail.
SECTION 8 – CANCELLATION OR MODIFICATION OF ORDERS
8.1 Once an order has been placed on our website, you may cancel or modify the order by sending us an e-mail.
8.2 Once an order has been packaged, it can no longer be cancelled or modified; instead, it must be returned in accordance with Section 10 below. As our goods are shipped from Asia, transit times may be longer and are beyond our control. If the product is already in transit to you, cancellation is not possible. In such cases, please wait until you receive the goods and then return them to us. You may, however, notify us in advance of your intention to cancel. To ensure prompt processing, please provide us with a shipping confirmation of the returned goods. An early refund may be granted no sooner than sixteen (16) weeks after receipt of the order if the goods have not arrived.
8.3 Because we operate a fully automated system, orders are processed immediately upon submission. Therefore, we are unable to interrupt the delivery process before completion, meaning that a refund prior to receipt of the goods is only possible within twenty-four (24) hours after the order has been placed.
SECTION 9 – DEFECTIVE PRODUCTS
9.1 You acknowledge that the products are standard products and are not manufactured specifically to meet your individual requirements.
9.2 All product descriptions, information, and materials on the website are provided “as is,” without express or implied warranties or other representations.
9.3 Product images may differ slightly from the actual product you receive.
9.4 If the product received is defective, you may send us an e-mail with information about the item to be returned, together with a photograph of the defective product.
9.5 You may return the product to us in accordance with Section 10 below.
9.6 We will inspect the product upon receipt. Processing time depends on your specific order.
9.7 We will notify you by e-mail if we determine that the product is defective.
9.8 Our sole obligation to you in respect of defective products shall be, at our discretion:
(a) to replace the product and bear the delivery costs to the delivery address, provided you return the defective product to us and we ship a replacement product; or
(b) to pay you an amount equal to the price of the product and the cost of returning the defective product. Such amount shall be paid to the account from which we received payment.
9.9 If we determine that the product is not defective, we may, at our discretion, decline to refund the purchase price and may require you to pay reasonable service fees.
SECTION 10 – RETURNS AND REFUNDS
10.1 Our Return Policy forms part of these Terms of Sale and entitles you to use our website subject to compliance therewith.
10.2 If you are not completely satisfied with your order, you may e-mail us with details of the item to be returned and send it back to us. The withdrawal period is thirty (30) days from the date on which you or a third party other than the carrier received the last product.
10.3 Return shipping costs are borne by the customer.
10.4 We must have received the product in order for you to be eligible for a refund. We will inspect the returned product upon arrival.
10.5 You must ensure that the product is returned in the same condition in which you received it and that it is properly packaged. The product must not have been used, labels must not have been altered, and it must be returned in its original packaging.
10.6 If a product is returned in an inappropriate condition, we reserve the right to refuse acceptance of the return.
10.7 If we are satisfied with the condition of the product, we will send you an e-mail confirming receipt of the return, and the refund will be processed within seven (7) days using the same payment method used for the original order.
10.8 The refund will be made in full once we have physically received the returned goods.
10.9 As our goods are shipped from Asia, delivery times may be longer and are beyond our control. If the goods are already on their way to you, withdrawal is not possible. In that case, please wait until you have received the goods and then return them to us.
SECTION 11 – VOUCHERS
11.1 You may use our discount vouchers or promotional codes to pay for products on the website.
11.2 To use a voucher, the code must be entered on the payment page.
11.3 Once the code has been entered and applied, the discount will be deducted from the total amount of the order at checkout.
11.4 Only one promotional voucher may be used per order.
11.5 The value of a promotional voucher does not accrue interest and has no cash value.
11.6 If the value of the voucher is insufficient to cover the order amount, you may pay the difference using another payment method.
SECTION 12 – ACCEPTABLE USE
12.1 You must not perform any of the following actions (“Prohibited Acts”):
(a) Use our website in a manner that could damage, disable, or impair the performance, availability, or accessibility of the website;
(b) Use our website in any unlawful, improper, fraudulent, or harmful way, or in connection with any such activities;
(c) Use our website to copy, store, host, transmit, send, publish, or distribute any material that consists of (or is linked to) spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits, or other malicious software;
(d) Conduct any systematic or automated data collection activities (including scraping, data mining, data harvesting, or data extraction) on or in connection with our website without our express written consent;
(e) Use our website by means of robots, spiders, or other automated tools;
(f) Breach the guidelines set out in the “robots.txt” file of our website;
(g) Use data collected from our website for direct marketing purposes (including e-mail marketing, SMS marketing, telephone marketing, or direct advertising);
(h) Use data collected from our website to contact individuals, companies, or other entities;
(i) Use the website to interact with entities without explicit permission;
(j) Engage in hacking or network attacks, or send harmful or potentially harmful messages using the infrastructure of our website;
(k) Copy, publish, modify, decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code of the website;
(l) Use the website to create similar or competing products or services;
(m) Sell, transfer, license, distribute, or lease access to the website to any third party;
(n) Make the website accessible to third parties through a private data network;
(o) Modify or alter any content downloaded from our website without express authorisation.
12.2 You acknowledge that you are responsible for any damage, loss, cost, or expense that we may incur as a result of your engaging in any prohibited acts.
12.3 You agree to notify us as soon as possible if you become aware of any person engaging in prohibited acts.
SECTION 13 – LINKS TO THE WEBSITE
13.1 Links from our website to other websites and resources provided by third parties are provided for informational purposes only.
13.2 We have no control over the content of other websites or resources linked from our website.
13.3 You may link to our homepage provided that you do so in a fair and lawful manner and that it does not damage our reputation.
13.4 You may not establish a link that suggests any form of association, approval, or endorsement on our part where none exists.
13.5 You may not establish a link to our website from any website that you do not own.
13.6 We reserve the right to withdraw linking permission without notice.
SECTION 14 – INTELLECTUAL PROPERTY RIGHTS
14.1 The code, structure, and organisation of the website are protected by intellectual property rights.
14.2 We are the owner or licensee of all intellectual property rights in our website and in the content and materials published on it. These works are protected worldwide by laws and treaties. All such rights are reserved.
14.3 You may use the website and all of its content solely for personal, non-commercial purposes in accordance with these Terms. The content of the website includes materials relating to the products.
14.4 You agree to notify us of any potential infringement of our intellectual property rights.
14.5 You may not use our trademarks without our prior written permission unless they are part of material that you use (and accurately reproduce) in accordance with Section 13.
SECTION 15 – DATA PROTECTION
15.1 Our Privacy Policy forms part of these Terms and entitles you to use our website subject to compliance therewith.
15.2 We use cookies on our website. By accepting these Terms, you also consent to our use of cookies to improve the user experience.
15.3 When you provide us with your personal data, we will process such data in accordance with your instructions and implement appropriate security measures to protect it from unauthorised access.
15.4 Where specific protective measures are required or have been agreed in writing, information and documents created in connection with the sale of products may be exchanged between us and made available electronically to our employees, officers, advisers, or agents.
SECTION 16 – VIRUSES
16.1 We do not guarantee that our website is secure or free from errors or viruses.
16.2 It is your responsibility to configure your information technology, computer programs, and platforms in order to access our website. You should use your own antivirus software.
16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
16.4 You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer, or database connected to our website.
16.5 You must not attack our website by means of a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack.
16.6 If we believe that you have breached the provisions of this Section 16, your right to use our website will cease immediately. We may report any such breach to the relevant law enforcement authorities and are obliged to do so if required by law.
SECTION 17 – LIABILITY
17.1 To the extent permitted by law, we shall not be liable for any loss or damage caused by:
(a) third-party or user-generated content;
(b) our own content, including its accuracy, completeness, or timeliness;
(c) the quality of the products, their images, descriptions, or conformity with specifications;
(d) any reliance placed on information contained on our website or in these Terms;
(e) the inability to access the website or any part thereof;
(f) delays or failures in the performance of our obligations due to circumstances beyond our reasonable control, including but not limited to telecommunications interruptions, power failures, terrorist acts, fuel shortages, adverse weather conditions, computer errors, supplier delivery issues, labour disputes, or staff shortages due to illness.
17.2 We shall not be liable for any loss of profit, business opportunity, goodwill, savings, or advantage, nor for any indirect, special, or consequential loss or damage, even if such loss or damage was reasonably foreseeable.
17.3 Our total liability for losses arising directly or indirectly from these Terms shall be limited to the greater of one thousand United States dollars (USD 1,000) or five times the purchase price of the product concerned.
SECTION 18 – INDEMNIFICATION
18.1 You agree to fully indemnify and hold us harmless from and against any claims, costs, and losses arising from:
(a) any material breach by you of these Terms;
(b) any fraud, negligence, or breach of duty of care on your part; or
(c) your use of our website.
18.2 We reserve the right to recover from you any reasonable costs incurred by us in connection with a claim for indemnification.
SECTION 19 – FORCE MAJEURE
19.1 If a force majeure event continues for more than one (1) week, we may terminate these Terms immediately by written notice, without incurring any further obligations other than to refund the price of any product that you have paid for but not received.
19.2 We reserve the right, at our sole discretion, to determine how to address a force majeure event in order to fulfil our obligations under these Terms to the fullest extent possible.
SECTION 20 – AMENDMENTS
20.1 We may amend these Terms from time to time. We will notify you of any changes that may adversely affect you.
20.2 If you do not agree to the amended Terms, you must cease using our website and refrain from purchasing any products.
20.3 If you have expressly agreed to these Terms, we will request your express consent to any amendments before you make another purchase following such amendment.
SECTION 21 – BREACH OF THE TERMS
21.1 If you breach these Terms, we may take any of the following actions:
(a) issue a formal warning;
(b) temporarily suspend your access to our website;
(c) cancel the processing of an order;
(d) refuse to accept any payments from you;
(e) permanently prohibit your access to our website.
21.2 If we restrict your access to the website, you must not attempt to circumvent such restrictions.
SECTION 22 – TERMINATION AND SUSPENSION
22.1 You may stop using the website at any time.
22.2 We may discontinue providing the website at any time and without stating a reason.
22.3 We may terminate your access to the website if your use could result in legal consequences.
22.4 We do not guarantee that our website will be available at all times without interruption.
SECTION 23 – CONSEQUENCES OF TERMINATION
23.1 Termination of these Terms immediately ends all obligations to provide customer service.
23.2 You are not entitled to any compensation as a result of the termination of these Terms.
23.3 The provisions relating to liability and indemnification shall survive termination.
SECTION 24 – GENERAL PROVISIONS
24.1 You may not assign any of your rights under these Terms.
24.2 The rights and remedies set forth in these Terms are cumulative and not exclusive of any other rights or remedies available at law.
24.3 If any provision of these Terms is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.
24.4 Failure by us to exercise any right under these Terms shall not constitute a waiver of that right.
SECTION 25 – APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the country in which our website is operated.
SECTION 26 – DEFINITIONS AND INTERPRETATION
“Order” means the order you place through our website to purchase one or more products from us.
“Order Confirmation” means the e-mail we send to confirm your order.
“Payment Provider” means any third-party entity used to process payments.
“Product” means a product offered for sale on our website.
“Website” means the online platform on which the products are offered.
For any questions or comments regarding these Terms, please contact us by e-mail.
Company name: Southern Luxes
Address: Torenlaan 5B, 1402 AT Bussum, Netherlands.
Trade registration number: 96593849
E-mail: info@southernluxes.com
Telephone: +31682007808