Overview:
This website is operated by The Lux Portal PTY (LTD). Throughout the site, the terms “we”, “us” and “our” refer to The Lux Portal PTY (LTD). The Lux Portal PTY (LTD) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The Lux Portal is a business in the e-commerce and retail industry that provides a consignment service between seller and buyer.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and /or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
On-line Terms of Service:
These Terms of Service apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
If there is any provision in these Terms of Service that you do not understand, it is your responsibility to ask us to explain it to you before you accept the Terms of Service or continue using the Website.
Nothing in these Terms of Service is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
By agreeing to these Terms of Service, you undertake as follows –
that you are at least the age of 18 years and that you hold legal capacity to use the Service;
That you will not utilise this website and/or any of our products and/or our Services for any illegal or unauthorised purpose nor may you, in the use of the Services, violate any laws in your jurisdiction or any other jurisdiction (including but not limited to copyright laws).
That you will not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Service will result in an immediate termination and/or suspension of the delivery of the Services to you without further notice.
General Conditions:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information:
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices:
Prices for our products are subject to change without notice.
We reserve the right at anytime to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products and Services:
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right and are not obligated, to limit the distribution of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional Tools:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of options third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and / or features through the website (including, the release of new tools and resources). Such new features and /or services shall also be subject to these Terms of Service.
Third-Party Service Providers
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with any third-party websites. Please review carefully the third-parties policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
Delivery policy
Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed by way of email.
Return and Refunds Policy
If you are not entirely happy with your purchase at The Lux Portal PTY (LTD), you may return the items for a full refund or exchange within 7 days of receiving your goods, provided; the price & security tag has not been removed, has not been worn and is in its original packaging. Please see full term of refunds on here.
Customer Privacy policy
The Lux Portal PTY (LTD) shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
Payment options accepted
Payment may be made via Visa and MasterCard.
Card acquiring and security
Card transactions will be acquired for The Lux Portal PTY (LTD) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by The Lux Portal PTY (LTD) separately from card details which are entered by the client on PayGate’s secure site.
For more detail on PayGate refer to www.paygate.co.za.
Merchant outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Responsibility
The Lux Portal PTY (LTD) takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and The Lux Portal PTY (LTD) chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature (117 Zwaanswyk Road, Steenberg Estate, 7945, Cape Town, South Africa).
Variation
The Lux Portal PTY (LTD) may, in its sole discretion, change this agreement or any part thereof at any time without notice.
User Comments, Feedback and Other Submissions:
If, at any request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, bu postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your further comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information:
Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.
Errors, Inaccuracies and Omissions:
Occasionally there may be information on our site or in Service that contains typographical errors, inaccuracies or omissions that may relate to produce descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses:
In addition to other prohibitions as set for the in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Lux Portal PTY (LTD), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to the use of your service or any product, including, but not limited to, ant errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdiction, our liability shall be limited to the maximum extent permitted by law.
Force Majeure
The Lux Portal PTY (LTD) shall be excused from the performance of this Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (c) quarantines or embargoes, (d) labor strikes, or (e) other causes beyond the reasonable control of The Lux Portal PTY (LTD). In the event that The Lux Portal PTY (LTD) is temporally unavailable to ship to you a purchased item because of such an event, The Lux Portal PTY (LTD) will give you the option of deferring shipment or receiving a refund of your charges.
Indemnification:
You herebyindemnify, defend and hold harmless The Lux Portal PTY (LTD) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
We will not be liable for any indirect or consequential loss incurred or suffered by you either through use of the Website or the purchase of any items from us.
You hereby indemnify The Lux Portal PTY LTD and its directors, officers and employees (each such person, collectively being referred to herein after as the “indemnified party”) from and against any and all losses, claims, damages, liabilities, costs, charges and expenses (collectively, “loss”), joint or several, to which such indemnified party may become subject under any applicable law, or otherwise, and related to or arising out of, pursuant to or in connection with, whether directly or indirectly, suffered by you either through the use of the Website or the purchase of any items from us.
Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the enforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination:
The Obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Service, we also may terminate this agreement at any time without notice and will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral and written, between you and us (including, but not limited to prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
Your continued use of this website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms of Service.
In the event of any dispute arising between you and us, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in these Terms of Service shall limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Changes to Terms of Service:
You may review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Trademarks:
The trademarks, logos and service marks (“Marks”) displayed on the site are the property of The Lux Portal PTY (LTD) and other parties. You are prohibited from using any Marks fir any purpose including, but not limited to use as metatags on other pages or sites on the internet without the written permission of The Lux Portal PTY (LTD) or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may be protected by copyright. Users are prohibited from are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through this site for any purpose.
Notices
We hereby select 117 Zwaanswyl Street, Tokai as our address for the service of all formal notices and legal processes in connection with these Terms of Service (“nominated address”). We may change this address from time to time by updating these Terms of Service.
You hereby select the address specified on your order form as your nominated address, but you may change it to any other physical address by giving us not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Our information
For the purposes of the Electronic Communications and Transmissions Act, our information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: The Lux Portal Pty Ltd
Main business: Online retailer
Physical address for receipt of legal service (also postal and street address): 117 Zwaanswyk Street, Tokai, Cape Town, South Africa.
Office bearers: TRACY BROWN
Phone number: 082 889 4104
Email: info@theluxportal.com
General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms of Service to any third party.
Any failure on the part of you or us to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms of Service will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms of Service contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties
Contact Information:
If you have any questions about these Terms and Service, please do not hesitate to contact us by email on info@theluxportal.com