TERMS AND CONDITIONS OF TRADE FOR LUSCIOUS LOX REUSABLE HAIR EXTENSION SYSTEM DISTRIBUTED BY LUSCIOUS LOX PROFESSIONAL PTY LTD
Email: info@lusciouslox.com
TERMS AND CONDITIONS OF TRADE
To be applied in all transactions involving trade with LUSCIOUS LOX PTY LIMITED ("Luscious Lox")
If you continue to browse & use this website you are agreeing to comply with and be bound by the following terms & conditions of use, which together with our privacy policy govern luscious lox and its Education relationship with you in relation to this website. The term lusciouslox or Luscious lox pty limited refers to the owner of the website. The term you and i refers to the user,purchaser or viewer of our website.
While we have endeavoured to ensure the accuracy of information on the Website, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website. The Website and the Content or goods are provided "as is" without any warranties of any kind unless specifically stated. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you
The lusciouslox goods and services are intended for world wide web. By registering for any lusciouslox goods or services you warrant that you have the capacity to understand, agree to and comply with these terms and conditions. You must provide true, accurate and complete information in the registration process. As part of the registration process, you will provide a username and password. You are responsible for keeping your password secure and for all activities occurring under your user name. We may refuse to grant you a username that we consider is inappropriate.
Luscious lox pty limited reserves the right to refuse any applications from potential Customer/s at the absolute discretion of luscious lox pty limited.
1. DEFINITIONS
"Customer/s" includes individuals, companies, wholesalers, retailers, buyers, selling agents and any party entity that acquires Goods or education, educational video training from, technical support Luscious Lox or its agents or is distributed by them.
"Goods" “services” or "Products" means all goods or products anything sold or not sold but distributed or indirectly distributed by Luscious Lox or its consultants and
Agents to the Customer are including but not limited to the Luscious Lox Professional Kit and other Luscious Lox products Training videos.
"G.S.T." means Goods and Service Tax as defined in A New Tax System (Goods and Services Tax) Act, 1999.
2. ORDERS
2.1 All orders must be received by Luscious Lox electronically.
2.2 Orders will only be processed upon receipt by Luscious Lox from the customer of either PayPal, direct deposit into Luscious Lox's nominated bank account or by direct internet transfer.
2.3 In the event that the customer uses the goods in conjunction with any product which is not a Luscious Lox product designed to be used with the goods, or Luscious Lox has reason to believe this is occurring; Luscious Lox may in its absolute discretion refuse to accept any further orders from the customer, and if that customer has a credit account with Luscious Lox, may close that credit account.
2.4 The customer must ensure the end user of the product is provided with link of the instructions which form a part of the Luscious Lox how to take care of your hair video. The customer acknowledges that failure to do so will constitute a breach of these Terms and Conditions of Trade by the customer.
2.5 Luscious Lox will endeavour to fulfill the customer's orders and comply with the customer's delivery instructions but shall not be liable to the customer if it is unable to supply all or part of the goods ordered or for any delay in the delivery of the goods.
2.6 I understand by agreeing to the luscious lox terms and conditions that the luscious lox website is an electronic giude only to help purchase my products.
2.7 I understand by agreeing to the luscious lox terms and conditions THAT PURCHASING HAIR FROM THE ONLINE LUSCIOUSLOX GIUDE MAY VARY FROM THE PHYSICAL PRODUCT,ESPECIALLY HAIR COLOR. I also understand and agree and proceed use the incorrect color that the hair can not be returned to lusciouslox for a refund.
2.8 I understand by agreeing to the luscious lox terms and conditions THAT LUSCIOUSLOX RECOMMENDS A COLOR SWATCH TO HELP AVOID disappointment.
2.9 I also understand that i need to contact lusciouslox proir to purchasing hair or any other product or services if im within Australia.
3.0 Custom length orders are custom made for you specifically and are subject to longer shipping times
3. PRICES PAYMENTS AND ACCOUNTS
3.1 Prices for the purchase of Goods are those as set out in Luscious Lox's relevant price list or website, include GST (if in Australia) and are subject to change without notice.
3.2 Payment will not be considered to have been received until payment amounts show as clear funds in Luscious Lox's account and recorded at our gateway time and date.
3.3 The Customer is liable for all GST on the Goods (if in Australia).Customer is liable for their local import taxes.
3.4 All financial and other information provided by the Customer to Luscious Lox must be fully accurate and up to date and the Customer acknowledges confirms and agrees that Luscious Lox will rely upon all information provided to it. Luscious Lox is authorised to make all enquiries about the Customer in relation to their application for credit and their continued request for credit from time to time.
3.5 Luscious lox has the right to set the amounts (default) of any products. You also understand that these amounts can be adjusted by you pre purchasing and shall be liable for any incorrect purchases and agree to pay lusciouslox full payment.
3.7 In using the lusciouslox Services you may give us personal information in respect of which you have certain rights. By accessing and/or using the lusciouslox Services you grant luscious lox consent to use your personal information.
3.8You acknowledge that lusciouslox reserves the right to log off or delete accounts that are inactive for an extended period of time.
3.9 You understand We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device. We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated, any new features including new content and/or the sale of new products and/or the release of new software tools or resources shall be subject to these terms and conditions.
3.10 Your use of this website signifies your consent to us collecting or you providing information about you and using as deemed relevant to our continued customer care and keeping our customers and clients informed and updated.
3.11 I understand that the Luscious lox Re tipping calculator is a guide only. I understand that the price given by this online calculator is not the actual price. This price may vary. I understand that i must contact lusciouslox for more acurate quote. I understand Any hair sent to lusciouslox to be re tipped must be paid in full before being returned to me.
3.12. The user of the membership can un subscribe with their own details once logged in or from a newsletter.
4. OWNERSHIP
4.1 Ownership in Goods supplied by Luscious Lox shall remain with Luscious Lox until the Customer has paid Luscious Lox in full the purchase price and any interest owed for such Goods and all other sums whatsoever due to Luscious Lox .
4.2 Pending payment the Customer acknowledges that until ownership in and of the Goods passes to the Customer in accordance with this cause, the Customer holds the Goods or any such new product as created by the Customer using the Goods in a fiduciary capacity and, as a bailer of Luscious Lox
5. BREACH BY CUSTOMER
5.1 In the event that the Customer fails to make payment to Luscious Lox in accordance with these Terms and Conditions of Trade, or if the Customer is a company which has made an application for and been granted a membership or account with Luscious Lox and commits any breach of the terms of the member application with Luscious Lox, then Luscious Lox may revoke the right of the Customer to sell, dispose of, or in any way deal with or use the Goods, and request the Customer to stop use immediately any Goods or products in its possession or under its control directly to Luscious Lox or take possession of the Goods from the Customer in whatever manner it might think fit (without prejudice to any of its other rights or remedies).
5.2 The Website, including text, content, software, video, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by lusciouslox and content owned or controlled by third parties and licensed to us. Content and other elements making up the Website may be copyright works. You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these terms and conditions and to download no more than one copy of the Website for your personal, non-commercial use.
5.3 Lusciouslox reserves the rights to terminate or restrict your access and completely cease relations or trading with you to the Website at any time without notice for any reason whatsoever.
5.4 You understand that you would not do anything that would give rise to criminal or civil liability for either yourself or lusciouslox
5.5 Harvest or collect email addresses or other personal information;
5.6 Impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
5.7 Or upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
5.8 You acknowledge that lusciouslox may, in its sole discretion and with or without notice:
a: Vary the site or any part of the lusciouslox Site and
b. Modify or discontinue the lusciouslox or any part of them.
6. DELIVERY AND RISK
6.1 Any and all risk in the Goods shall pass to the Customer and the Customer shall carry the responsibility for any loss arising from damage to the goods to which Luscious Lox retains title howsoever caused, effective from:
6.2 When Luscious Lox delivers the goods, from such time as the Goods arrive at the agreed delivery address as designated by the Customer; or
6.3 Where the Customer otherwise takes possession or causes another (whether employee, contractor or independent carrier,customs) to take possession of the Goods, then as from the time the goods leave the custody of Luscious Lox.
6.4 Luscious Lox reserves the right to make part deliveries of any order and each part delivery shall constitute a separate contract.
6.5 Luscious Lox will not be liable for any losses of any kind or any delay in supplying the goods which are caused whole or in part by force majeure or any other cause beyond its reasonable control.
6.6 I understand if any luscious lox terms and conditions are altered, changed or miss used at anytime lusciouslox will not be held responsible.
6.7 I understand not to commit to any lusciouslox services in for any lusciouslox service without having received to goods.
6.8 You agree to indemnify, defend, and hold us harmless from and against any claims, actions, demands or other proceedings brought against us by a third party, to the extent that such claim, suit, action or other proceeding brought against us is based on or arises in connection with your use of the Website or goods, any breach by you of these terms and conditions or a claim that your use of the Website and goods infringes any intellectual property rights of any third party or is libelous or defamatory, or otherwise results in injury or damage to any third party
6.9 Neither lusciouslox or its associated companies or agents can accept any responsibility for death or injuries caused by any information or products contained or provided by the website or lusciouslox. All information is provided in good faith.
6.10 The luscious lox Sites may contain links to other websites. Luscious lox is not responsible for any content found on a third party page, or any site of which it forms a part. You must determine whether any page is part of the luscious lox Sites each time you follow a link to that page. The selection or omission of links is not intended to endorse any particular companies or products
6.11 In any case the customer is liable for receiving the goods, all registered customers are aware that they might be responsible for providing a signature to receive the goods.
6.12 I also understand that i must practice lusciouslox instalation and be able to use this system correctly prior to applying onto an end comsumer.
6.13 I also understand during practice or training that i will be held responsible or liable for any losses of any kind or damages of any kind.
6.14 I also understand that lusciouslox will not be held liable for improper use of its products.
7. RETURNS AND EXCHANGES
7.1 Any return of the Goods must occur within fourteen (14) days of receipt by the Customer of the goods. In the event of the Customer failing to return the goods within this time period the Customer shall be liable for the full price of the Goods at the absolute discretion of Luscious Lox. Also all lusciouslox products e.g. Hair, pliers etc., if faulty must all be sent back to lusciouslox within 14 days for examination. Simply wash 1 packet from your total order to examine the quality or color. If unsure do not use the product and return the product for lusciouslox to examine the damage or color.
Color matches are to be done by our color swatch and not your screen.
We highly recomend to purchase our color swatch to avoid confussion when ordering.
All refunds and replacements are to be made at the discretion of luscious lox and at no point will i attempt to change the color of the hair.
7.2 Luscious Lox reserves the right to replace any faulty goods, and the Customer agrees to give Luscious Lox the opportunity to provide a replacement. All good must be inspected by lusciouslox before returns are granted to be replaced.
7.3 Returns for any other reason than inherent fault will only be accepted at the sole discretion of Luscious Lox.
7.4 Luscious lox services should only be performed by a fully certified luscious lox operator.
7.5 I also understand that lusciouslox will not refund the good due to change of mind or for any reason other than damaged goods unless lusciouslox agrees.
7.6 In any event that a return may take place under the sole discretion of lusciouslox , its understood that the cost will be covered by the account holder.
7.7 Lusciouslox only accepts exchange of products if the items are returned un opened and the purchaser pays for all postage costs under the sole discretion of lusciouslox.
NOTICE: Federal law prohibits the return of human hair products that have been used and that includes "trying them on". Please inspect your extensions thoroughly for colour, quality and texture before wearing them or trying them on or using them. Used extensions can not be returned for refund or exchange (no exceptions). Please read the return policy thoroughly before making your purchase. You may not comb, brush, wash, dye, curl, braid, spray, wear, or treat the hair in any way for us to consider a return.
8. ACQUIESCENCE
Release, waiver or acquiescence by Luscious Lox of any one or more of these conditions shall not be deemed to be a permanent variation of that condition , nor shall it affect any other condition as contained in these Terms and Conditions of Trade
9. Performance
9.1 Lusciouslox takes no responsibility for failure of users to have the correct hardware to use this site. All users should read the hardware requirements prior to joining or buying online courses. Users will require a PC or MAC based computer with Windows XP, Vista OR MAC OSX or later. An internet connection is also required as well as the ability to listen to sound through the computer (Sound Card). Lusciouslox cannot be held liable for charges relating to users phone costs during any Lusciouslox courses. Please check with your internet provider prior to purchasing a course if this is of concern to you.
9.2 Similarly, Lusciouslox cannot take any responsibility for the failure of users hardware or inadvertent internet connection loss/quality deterioration during any online activities or events. It is up to the user to ensure adequate internet connection (recommended Broadband at a minimum speed of 256/64) with their own ISP. Lusciouslox does not control, monitor or regulate users’ connections to the internet. It is also up to the user to ensure they have adequate UPLOAD/DOWNLOAD quota available through their ISP. Lusciouslox cannot be held responsible for breaching download/upload limits. Users must responsibly monitor their OWN ISP determined limit.
9.3 Lusciouslox requires some information to be downloaded from our site. In the example of a Lusciouslox courses could average ONE HOUR class and could uses approximately 5-7kilobytes per second of use, which equates to 5 - 10 megabytes total. Lusciouslox courses utilizes streaming of video content equating to large downloads - please check your download quota from your ISP and your download speeds to ensure you have sufficient quality for viewing. Lusciouslox courses takes no responsibility for download speed issues or download quota issues relating to individual users.
9.4 Lusciouslox courses may not be held liable for any information obtained from this site and used clinically. It is solely the responsibility of the person viewing or participating in this content for how this information is used in a clinical or professional environment.
9.5 Lusciouslox reserves the right to send non-members and members emails/promotional material relating to events, past and in the future 10.6 I understand that all courses may have a 3 times view limit to protect the ip. if can not view any of the lusciouslox services or education that i will contact lusciouslox so that they can provide additional methods of delivery of there services and education.
10. EXCLUSIONS AND WARRANTIE
10.1 No failure or delay on the part of either of the parties to enforce at any time any of the provisions of these Terms and Conditions of Trade shall be construed as a waiver of that right under these Terms and
11. CONDITIONS OF TRADE.
11.1 If any term, clause or provision of these Terms and Conditions of Trade or part there of shall be or be deemed or judged to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect the validity or operation of any other term, cause or provision of these Terms, except to the extent necessary to give effect to such invalidity.
11.2 The Customer indemnifies Luscious Lox against all costs and losses from claims from third parties arising for any reason whatsoever as a result of the Customer's resupply, use or misuse of the Goods.
11.3 To the maximum extent permissible by law, Luscious Lox, its employees, contractors and agents, will not be liable to the Customer or any other person for loss or damage of any kind however that loss or damage is caused or arises save that in the event of a breach by Luscious Lox of-
11.4 Any warranties or terms implied into this agreement by legislation (such as the Trade Practices Act, 1974); and/or
11.5 Any breach of contract, tort or otherwise in respect of the Goods or the supply of the Goods; then Luscious Lox liability shall be limited to the amount of the purchase price paid by the Customer to Luscious Lox for the Goods.
11.6 The Goods supplied under this agreement are supplied for the purpose of the Customer's business and the statutory guarantees implied by the Goods Act, 1958 as between Luscious Lox and the Customer are hereby excluded.
11.7 Luscious Lox Pty Ltd may at any time terminate distribution at their discretion to their customers and will not be held responsible for any loss or damage incurred.
12. PRIVACY ACT, 1998 (COMMONWEALTH)
The Customer for the purposes of the Privacy Act 1998 authorizes Luscious Lox to use any personal information supplied to Luscious Lox for credit or payment, administration, service and marketing purposes.
The Customer has a right of access to, and to ask for correction of any personal information held by Luscious Lox. The Customer authorizes any person or company to provide Luscious Lox with such information as it may require in response to credit and/or other enquiries. The Customer further authorizes Luscious Lox to furnish to any third party details of the Customer's application and any subsequent dealings that the
Customer may have with the Customer's application being auctioned and in relation to any account the Customer may have with Luscious Lox.
13. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
13.1 The Resources and Services, goods, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Resources or Services may violate such laws and the Terms and Conditions of Use. Except as expressly provided herein, lusciouslox and its suppliers or agents/ distributors do not grant any express or implied rights to use the Resources and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or goods, Resources or Services, any portions of the Site, Resources or Services or the selection and arrangement of the Site, Resources or Services, except as expressly authorized in writing. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Resources.
The trademarks, logos and service marks displayed on this Site are the property of lusciouslox Pty Ltd. You are not permitted to use the trademarks, logos or service marks without the prior consent of lusciouslox.
14. GOVERNING LAW
Use of the lusciouslox Services are at your own risk. All express or implied warranties, representations, statements, terms and conditions relating to your access and/or use of the lusciouslox Services, or any information, goods or content available from the lusciouslox Sites, are excluded from these terms and conditions to the fullest extent permitted by law. Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include part v of the Trade Practices Act 1974 (Cth), and corresponding provisions of State or Territory legislation, which contain provisions including implied terms and warranties that operate to protect the purchasers of goods and services in various circumstances.
14.1 Unless otherwise specified, the materials published on our web site are presented solely for your private, personal and non-commercial use. We have used our reasonable endeavors to ensure that our web site complies with Australian law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside of Australia. We make no warranties, express or implied that making the products available in any particular jurisdiction outside of Australia is permitted under any applicable non-Australian laws or regulations. Accordingly, if making the products or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to you. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to purchase the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside of Australia or who are nominees of or trustees for citizens, residents or nationals of other countries
14.2 The use of this website is subject to the following terms of use:
14.3 All material presented on this website is considered intellectual property. It remains the sole property of the 3rd party provider who is contracted by lusciouslox to deliver it OR lusciouslox itself.
14.4 All content is Trademark & Copyright Protected by lusciouslox & its affiliated where necessary. Any use of material either on or from this website without the strict written consent of the lusciouslox is considered a breach of Copyright &/or Trademark Law. Any downloading of, sharing, distributing in any form is strictly prohibited. Reproduction of any photographs, animation, video or slides without the express written consent of lusciouslox is strictly prohibited
14.5 Use of lusciouslox website requires signing in and agreeing to the Terms & Conditions. Non Members will not required to sign up to the site; members WILL NOT BE CHARGED a fee for signing up but are bound in entirety by these terms and conditions.
MEMBERSHIP ENTITLEMENTS PROFESSIONAL
All full paying or approved member is entitled to unrestricted and unlimited access to the lusciouslox website. This access includes, but is not restricted to:
• Full use of the shopping cart and prices including MEMBER DISCOUNTS (when available).
• Access Lusciouslox support page (applies only to constant active accounts or members).
(To remain active you must spend with lusciouslox periodically To reactivate a lapsed membership you need to purchase goods).
• Access to lusciouslox education products
• Updates or emails on specials or member discounts, and will not be considered as spam.
MEMBERSHIP ENTITLEMENTS END CONSUMER
Non Members after logging in are restricted to the following activities:
• Viewing a selection of limited previews of products sold. With no access to prices unless lusciouslox approves the viewing of prices It is the responsibility of the applicant to insure that they comply with their states laws to use the lusciouslox products.
Certification
I also understand that if i live within Australia i will need to contact lusciouslox for my education.
I understand if i purchase any of the lusciouslox products or services that i will not be certified.
Lusciouslox reserves its right to Approve or disapprove any aplications under these term and conditions, disable &/or remove the account without notice of any person seen to be breaching any of the Terms & Conditions .
I understand that the sale, Cetification and use of all lusciouslox products and services will be completed with lusciouslox approval and i can be re fused.
I also understand that these terms and conditions apply to all lusciouslox orders of type or form. for example: over the phone or web and in person once this i agree on these terms.
I also understand that in order to get an account and purchase lusciouslox goods and services i must agree to these term and conditions.