I. GENERAL PROVISIONS
1. This document contains the General Terms and Conditions under which LUX View provides services to its users / customers via the Internet Store www.luxviewblinds.com. These conditions apply to all customers. By clicking the "I agree with the Terms and Conditions" button, the user / customer agrees, accepts in full and undertakes to comply with these Terms and Conditions.
2. The products on the www.luxviewblinds.com website do not constitute a legally binding offer. They rather are a demonstrative online catalog describing the merchant's product line.
3. Images and descriptions of products that are available on the www.luxviewblinds.com website are informative and do not claim accuracy and completeness. Inaccuracy of images, as well as the lack of images, can not be interpreted as misleading information / advertising and are not intended to mislead customers. In the images, the products can be equipped with other products and accessories that are not included in the price. The product descriptions may be incomplete, inaccurate or timely modified by the manufacturer during the process of manufacturing a product. LUX View has the right to change the technical characteristics of the products at any time without being obliged to notify users explicitly about this.
4. Users have the opportunity to use a shopping cart that is designed for convenience and easy calculation and user / customer accessibility to the characteristics of the goods that are of interest. Placing products in the shopping cart has no binding effect. The user / customer has the opportunity to add and remove any products in their shopping cart. After clicking on the ”SUBMIT ORDER” button, users agree to purchase the goods in the shopping cart at a price that is current at that time. This action is legally binding and it is assumed that the contract was concluded.
5. LUX View reserves the right to refuse delivery of a confirmed order if the goods are not available. If LUX View fails to produce or deliver the goods, it notifies the user / customer by sending a message to the specified user / customer email address or telephone number.
In case a bank transfer has been made to the merchant's bank account, the customer will be able to choose between the following options:
- order cancelation;
- replacement order;
- waiting for a new delivery.
6. The contractual language is English, and the published prices are in UD $.
7. The delivery is at the expense of LUX View when the order is worth over $200 and is within the USA. For orders worth less than $200, the delivery is at the expense of the customer, and the amount is fixed for all orders and is $15.
LUX View is not responsible for delay of delivery if the delay is due to courier or other supplier. Upon delivery of the goods by courier to the user / customer, the risk of damage / loss of the goods is transferred to the user / customer.
8. LUX View is not bound by any obligation to execute the order and deliver a good when the user / customer has indicated an incorrect or wrong address, contact person and / or telephone when submitting the order. In the event of non-fulfillment of the obligations set out in this provision, the user / customer undertakes to compensate the trader for any additional costs associated with the storage and subsequent delivery of the goods, as well as the impossibility of delivering the goods.
8а. When delivering the goods to the user / customer or third person - a proxy, the parties sign the accompanying documents. A third person is considered to be any person who is not the holder of the application but accepts the goods and is located at the address specified by the customer.
In case of unjustified refusal to receive the goods, the user / customer owes the cost of returning the goods. If the user / customer is not found within the delivery deadline at the specified address or if the address was not accessible within this period, LUX View is exempt from the obligation to deliver the ordered goods. In this case, the customer has the obligation to organize the delivery of the goods himself, which does not exempt him from his obligations for compensation, as stated in the previous article.
9. When the delivered goods apparently do not correspond to the goods, ordered by the customer and this can be determined through an ordinary review, the customer may request a replacement of the delivered goods by goods, corresponding to the purchase order made by him / her. This request should be made no later than 12 hours after the receipt of the product, respectively its delivery at the address specified by the customer.
III. COMPLAINTS AND RETURN OF GOODS
10. The products are manufactured specifically for the customer and are not subject to return and change unless they do not meet the order and one of the following applies:
- there is a difference in size greater than 0.5 inch;
- the image is completely different from the ordered.
IV. PRICES AND PAYMENT
11. The prices listed in the online store include packing. Shipping to the place of delivery within the USA for orders over $ 200 is free of charge. If the goods are dispatched outside the territory of the USA, the user / customer shall pay all customs and other charges related to the export and import in the respective country as well as the delivery.
12. Payment shall be made in one of the following ways:
- credit card via the PayPal system.
V. RIGHTS AND OBLIGATIONS OF THE USER / CUSTOMER
13. The user / customer has the right to terminate the contract, concluded from a distance or off-premises. In the case of exercised right of termination, the user / customer shall bear the costs for returning the goods back to the Seller and the value of the goods made specifically for him / her.
14. The user / customer has the opportunity to view and order the advertised goods at the Internet Store.
15. The user / customer has the right to be informed about the status of his / her order.
16. The user / customer is obliged to pay the price of his/her order in the way he / she chooses when placing the order.
17. The user / customer must provide LUX View with the required shipping information by specifying the exact address, contact person, and phone upon request.
18. The customer undertakes to pay the price of the goods, to pay the cost of delivery when it is not free of charge and to provide access to the place of delivery.
VI. RIGHTS AND OBLIGATIONS OF LUX View
19. LUX View has no obligation and the objective ability to control how its customers use the services provided.
20. LUX View has the right, but not the obligation, to keep materials and information placed on the server of the site
21. LUX View has the right at any time to terminate, suspend or modify the services provided in connection with the use of the site without notifying the user / customer when the latter uses the services in breach of these terms and at LUX View's discretion. LUX View shall not be liable to users and third parties for any damages or losses due to termination, suspension, alteration or limitation of services, deletion, modification, loss, unreliability, inaccuracy or incompleteness of messages, materials or information transmitted, used, recorded or made available through the Internet site.
22. LUX View, upon receipt of the payment, undertakes to transfer to the user / customer the ownership of the ordered goods, to deliver on time the ordered goods, to check the technical condition of each item before its sending (in case this is possible without compromising the integrity of the package).
23. LUX View is not responsible for any damages caused to the software, hardware or telecommunication equipment, or for loss of data arising from materials or resources searched, loaded, or used in any way through the services provided. The advices, consultations or assistance provided by the experts and employees of LUX View regarding the use of the services by users does not give rise to any responsibility or liability for LUX View.
24. LUX View is not responsible for any failure to perform its obligations under this Agreement upon occurrence of circumstances that LUX View has not foreseen and was not required to foresee - including fortuitous events, problems in the global Internet network, and provision of services outside of the control of LUX View.
25. LUX View has the right to install cookies on users’ computers. Cookies are text files that are saved from the web page on the user / customer's hard disk and allow for user information to be restored by identifying him/her and enabling tracking of his/her actions, the websites he/she visits, the hyperlinks he/she uses, the information, which he/she uses, saves, etc.
VII. PERSONAL DATA
26. The user / customer identification for the purposes of reproducing his statement, both for acceptance of the Terms and Conditions of Service and of the placed order, is done through the .log files stored on the server, storing the user / customer's IP address, and any other information.
27. LUX View guarantees the confidentiality of the information and personal data provided by its users / customers. The latter will not be used, disclosed or communicated to third parties, except in the cases and under the conditions, specified in these General Terms and Conditions. LUX View protects the user / customers's personal data that has become known when filling out the electronic form of the order request, as this obligation shall cease if the customer has provided false data. Subject to the applicable laws and provisions of these Terms and Conditions, LUX View may use the Customer's personal data solely for the purposes, specified in the Agreement. Any other purposes for which the data is used will respect the US law, the applicable international instruments, Internet ethics, moral rules and decency.
28. LUX View undertakes not to disclose any personal data about the customer to third parties - state authorities, commercial companies, individuals, etc., except in the cases where the customer has given the explicit written consent or the information is requested by the state authorities or officials which, under the current legislation, are entitled to request and collect such information. LUX View is required to provide information under the law.
29. LUX View has the right to collect and use information relating to its users / customers, whether registered or not.
30. The information under the previous article may be used by LUX View, except in the event of express disagreement by the User.
LUX View collects and uses information to improve the offered services. All purposes for which LUX View will use the information will be in accordance with US law, applicable international instruments and good morals.
31. The terms and conditions may be modified at any time by LUX View, which is also entitled to change the characteristics of the provided services and these Terms and Conditions pursuant to changes in legislation. LUX View is obliged to notify the user / customer about the changes in the Terms and Conditions, by publishing a notice of any amendments on their website and giving a sufficient period of time to the user / customer to get acquainted with them. If the user does not claim to reject the changes within the given period, he / she is considered bound by them.
In the event that the user states within a given period that he/she does not agree with the amendments in the Terms and Conditions, LUX View has the right to immediately suspend or terminate the provision of services to the User.
32. “User / customer”, respectively, only “user” and only “customer” means anyone who has loaded the web page www.luxviewblinds.com on his / her computer.
33. “Order” means the selected goods and all other attributes related to the manner of delivery and payment of the goods by the customer / user.
34. Place of delivery is the address specified by the user / customer when placing an order.
35. The www.luxviewblinds.com online store is owned by LUX View, also called “the trader” or “the company”.
36. All disputes between the parties are resolved in a spirit of understanding and goodwill.
In the event that no agreement is reached, any unresolved disputes, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the contract or its adaptation to new circumstances, will be settled by the competent court of registration of LUX View, in accordance with US law.