1. TERMS & CONDITIONS
1.1 This page sets out the terms and conditions on which we supply all goods listed for sale on our website www.lusso.com. Please read these terms and conditions carefully before ordering any Goods from our site. By ordering our Goods you agree to be bound by these terms and conditions.
2.1 In this Contract:
a. ‘Condition’ means the standard terms and conditions of sale set out below, including any special terms and conditions, agreed in writing by us;
b. ‘Contract’ means any contract for Goods made between you and the Company;
‘Goods’ means the Goods which we shall supply in accordance with these Conditions;
c. ‘Order Confirmation’ means confirmation that your order has been received and accepted and Goods will be dispatched to you once payment is made;
d. ‘We’ means Lusso, also referred to as the ‘Company’, which is the trading name of Lusso Stone LTD trading as LUSSO, LUSSO House, Princeton Dr, Thornaby, Stockton-on-Tees TS17 6AJ.
Email: email@example.com. Telephone: 0203 370 4057. We are a UK company with distribution warehouses across the UK;
e. ‘You’ means the customer seeking to purchase the Goods from us and ‘Your’ shall be construed accordingly.
3. ELIGIBILITY TO PURCHASE GOODS
3.1 All Goods on the website are available for sale to residents worldwide.
3.2 Please telephone or email to check that we deliver to your area before placing your order if you are ordering goods for delivery outside of the UK.
3.3 In placing an order with us, you warrant that you have the necessary permission and authority to enter into this Contract.
3.4 We strongly advise you not to book your installation until you have received your order in full and you have inspected the Goods.
3.5 We will not be responsible for fitting costs or penalties relating to delayed deliveries.
3.6 We will not be responsible for any damage to any goods that take place when they are being maneuvered into position.
3.7 We will not be responsible for any lead time changes for any products from when a proforma is issued and paid for. We will do our utmost to inform you if possible.
4.1 The price of the Goods shall be the price given on the date you place your order and will be confirmed on your invoice.
4.2 All prices are quoted in UK Pounds Sterling
4.3 Prices exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
4.4 The price of the Goods will include VAT at the prevailing rate.
4.5 Prices correct at time of print. Errors and omissions excepted.
4.6 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
4.7 Despite our best efforts, pricing errors may occur from time to time. We will normally verify prices as part of our Order Confirmation procedures so that, where the correct price is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price is higher than the price stated, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
4.8 Payment for Goods must be by credit or debit card, bank transfer, PayPal, or cheque. We accept payment with Visa, Delta, Switch, Solo, and American Express. We will not dispatch your order until we receive payment in full.
5.1 We make every effort to offer only Goods that are available and in stock with our suppliers. If a size or colour is not available, we will notify you on receipt of your order.
5.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to purchase. All orders are subject to acceptance by us. We will confirm acceptance by sending the Order Confirmation. The contract between us will only be formed when we send the Order Confirmation.
5.3 The Contract will relate only to those Goods listed in the Order Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until an Order Confirmation in respect of those Goods is sent.
5.4. If any quantities or items are incorrect on the Order Confirmation the customer must report this on the day of the order confirmation is provided.
6. BESPOKE ORDERS
6.1 Goods made to measure from information/measurements provided by or bespoke to the requirements of the customer are non-returnable unless faulty.
6.2 If you would like to order Goods in a specific size not listed on our website please contact us.
6.3 Similarly, the handmade nature of the work we sell means that it is usually possible to request changes to elements of a design or size.
6.4 When a bespoke order is made you will receive a technical drawing of the item so you can adjust sizes or sign off the product. Your order will only go into production once the technical drawing is signed off by the customer.
7.1 In order to protect against fraud, we are only able to ship items to the billing address of the credit cardholder. We do check the address you give on your order before shipment.
8. ORDER CHANGES
8.1 Should you wish to change the order, delivery date, or delivery address, you should contact us no later than 7 days prior to your original agreed delivery date to enable us to perform the Contract.
9. CANCELLATION RIGHTS
9.1 You will be entitled to cancel the Contract with us in the following circumstances:
a. Internet, telephone, and store orders where goods have not been installed and you are unhappy with the Goods, for whatever reason, and notify us before the expiry of 14 days from the day after the day on which the Goods were received; or
b. Where Goods supplied are faulty or not in accordance with the specifications of your order.
9.2 Should you decide to return the goods you must notify us of cancellation in writing to firstname.lastname@example.org within 14 working days of receipt of the goods.
9.3 You are obliged to take care of any Goods that you intend to return to us. We ask you to return only items which are complete, unused, with unbroken seals, and in the original packaging at your own cost, within 21 days of cancellation. Please ensure that they are packed appropriately.
9.4 A refund will be reimbursed to you within 14 days from the day on which the cancellation was made.
9.5 We cannot refund goods that have been damaged whilst in your possession.
9.6 When you return Goods to us in a condition that indicates that they have been used or installed, we will consider you to be in breach of your legal duty to take reasonable care of the goods and reserve the right to reduce the value of any refund to reflect use.
9.7 This right of cancellation does not apply to special orders of goods or where goods are specifically made to your specification or personalised at your request.
10. RISK AND TITLE
10.1 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
11. RETURNS POLICY - DEFECTIVE OR INCORRECT GOODS
11.1 All goods are inspected thoroughly before dispatch and are deemed to be in a saleable condition upon dispatch.
11.2 We recommend You examine the Goods to check that they are as ordered and undamaged within 7 days from the day after delivery. Please check each item is as ordered and appears in good condition.
11.3 You will be responsible for the care of the goods once they are delivered. We will not be responsible for any damage caused by incorrect storage.
11.4 We will not be liable for any damages to Goods caused by installation or maneuvering into place.
11.5 If you find Goods to be faulty or not as described, we will be happy to accept a return from you in accordance with the following policy.
11.6 Lusso will replace Goods free of charge that have been incorrectly supplied or damaged in transit during their delivery.
11.7 You must notify us in writing by email to email@example.com to explain your concerns. Please title your email ‘Damaged Goods’. If we agree with your concerns, we will confirm by email that you may return the goods in their original condition and packaging, which must be sent to us as soon as possible and no later than 14 days following delivery.
11.8 We will issue a refund within 14 days of receipt of the returned Goods or dispatch an exchange if this has been requested.
11.9 When returning Goods to us please include (where possible) a copy of your invoice, cancellation notice (where applicable), or a written note of your name, address, e-mail address, order number, and reason for return. This will speed up the processing of your return.
11.10 If goods are returned to us as our delivery drivers were unable to deliver and we agree to re-send them to you, you will be charged any additional delivery costs.
11.11 We recommend that you thoroughly inspect Goods on delivery.
11.12 All goods supplied by us are sold with the benefit of a manufacturer’s warranty. If in our reasonable opinion we consider the defect to be covered by this warranty, we will refer the concern to the manufacturer. Manufacturers may arrange for a representative to inspect the goods at your premises, and you should co-operate with the manufacturer in this regard.
12.1 All goods are shipped either by our nominated distribution company or by our own vehicles. A signature will be required on receipt.
12.2 Unless otherwise stated please allow 7 to 14 days for delivery.
12.3 Please note, the delivery drivers will be instructed to deliver the goods to the front door of the delivery address. Delivery to the front door can only happen if the driver has a pump truck available otherwise delivery will be kerbside If there is no clear pathway to the front door delivery will be made kerbside side only. For insurance purposes, we can not carry goods into your home. For health and safety reasons baths will not be carried up or down outside steps. Deliveries are an all-day service between 8 am and 7 pm.
12.4 Following Britain's departure from the European Union, orders shipped within the EU will not be charged UK VAT at 20%. Customers will be charged the VAT and Duties of the end destination country and these are payable before the goods will be delivered.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1 These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether verbal or in writing.
13.2 We have the right to revise and amend these terms of sale from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities.
13.3 You will be subject to the policies and terms of sale in force at the time that you order goods from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the goods).
14.1 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
14.2 All contracts formed, sales made and legal disputes arising from the use of this website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms of sale or use of our site.
14.3 These terms and conditions shall apply to all internet sales made by Us and by placing an order with us you are accepting these terms and conditions.
14.4 Save as provided elsewhere, or liability for death or personal injury caused by our negligence shall be unlimited. For all other loss or damage which you may suffer or incur in connection with the supply of Goods, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent and such liability is limited to the cost of the Goods.
14.5 We shall have no liability whatsoever for any failure to perform, or for a delay in the performance of any of our obligations under the Contract arising wholly or in part by reason for any factor beyond our direct control.
14.6 These Conditions do not purport to confer a benefit on any third party by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.7 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
14.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
14.9 THESE TERMS OF SALE DO NOT AFFECT YOUR STATUTORY RIGHTS.
If you have any doubts about your statutory rights please contact your local Trading Standards Department or Citizens Advice Bureau.
15.1 Proof of purchase is required before any warranty claim can be assessed.
15.2 We shall make good by reimbursement of the whole or part of the price or, at our option, by repair or by replacement any defect developing under normal domestic use of the Goods within the stated guarantee period for the Goods affected, see below for full details of our Goods guarantees.
15.3 All stone resin goods come with a lifetime guarantee included at no extra cost.
15.4 All brassware, unless otherwise stated, carry a 15-year guarantee which covers all manufacturing defects. The guarantee does not cover damage due to fitting or inappropriate cleaning. *Cartridges carry a 5-year guarantee. Diverters and hoses are guaranteed for 1 year.
16. LIFETIME GUARANTEE
16.1 Lusso Goods are engineered & manufactured to exacting standards. We rigorously test everything we sell to ensure we are bringing you the best quality Goods, guaranteed to last. We are so confident in the quality of Lusso Goods that we offer a Lifetime Goods Guarantee as standard.
16.2 Our Lifetime Goods Guarantee is intended to cover the reasonably anticipated lifespan of Goods and applies to the original purchaser and the original installation address only. The guarantee is non-transferable.
16.3 In the unlikely event the Goods fails within the guarantee period, we offer a free replacement or replacement part (or nearest equivalent). Liability is limited to individual Goods and does not cover consequential loss or damage on installation.
16.4 The guarantee does not cover damage during fitting, accidental or malicious damage, improper use, general wear and tear, damage due to poor installation, or consequential loss.
16.5 We require the original proof of purchase to be provided for us to be able to consider any claim, so please keep your invoice and/or receipt.
16.6 We will replace at our discretion, in part or whole, Goods that are defective. If the Goods are no longer available, we will endeavor to provide suitable alternative Goods.
16.7 All Goods must be installed in accordance with the instructions provided by qualified professionals and in accordance with local water bylaws. Failure to follow the correct fitting will void the guarantee.
16.8 We must be given the opportunity to inspect the Goods, which may be on-site if we request to do so. The Goods should not be removed or destroyed before inspection without our consent.
16.9 If an investigation reveals that the fault is not due to a manufacturing or materials defect a callout charge may be applied.
16.10 Where we are satisfied that a defect has arisen because of faulty manufacturing or materials we will, at our discretion, repair or replace the Goods free of charge to you. If we choose to replace Goods that are no longer available we will replace them with suitable alternative Goods.
16.11 This guarantee does not cover damage and or malfunction caused by inappropriate cleaning and only cleaning products recommended should be used.
16.12 Limescale build-up, corrosion, mold and mildew buildup, and associated issues are not covered under this guarantee.
16.13 The guarantee only covers the products and/or any spare parts needed to rectify any issues. Lusso cannot be held liable for any reinstallation or fitting costs relating to the replacing of any spare part or replaced product.
17. HOW TO CLAIM
17.1 In the unlikely event that you encounter a problem with Lusso Goods you should contact your local Lusso. They will be able to advise whether it is due to faulty Goods or faulty installation. If the problem is due to a manufacturing fault, they will arrange the supply of replacement Goods.
17.2 Lusso reserve the right to alter the details of, or wholly withdraw elements of these guarantees entirely at their discretion. Existing commitments will be honored up to the date the change is made and in accordance with the terms as set out here.
17.3 Our Guarantee is in addition to and does not affect your statutory rights.
18. BATH DELIVERIES
18.1 All our baths are checked before being dispatched. The bath must be examined by the customer before entering any premises. Once the bath is maneuvered into the property it is the customer's responsibility should any damages occur or are reported after this process.
Terms & Conditions written by BHP Law - Darlington.