TERMS & CONDITION

CONDITIONS OF SALES

The following general terms and conditions regulate the online sales contract of www.tluxy.com website (below named as “Website”), property of the Trade Lux Italia S.r.l. Company (below named as “the Company”), with the head office at Via Bagutta 13, 20121 Milano, Italia P.IVA 06700101212, SDI 5ruo82d.

All orders placed via this Website as well as its deliveries and services are governed exclusively by the General Terms and Conditions of Sales set out below, as applicable at the time the order is placed.

Any diverging terms and conditions from the customer are not accepted, except where specifically agreed in writing.

DEFINITION AND CONCLUSION OF THE CONTRACT

When you place an order to purchase a product from TLUXY, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you and is confirmed by an email we send to you confirming that we have dispatched (the ‘Dispatch Confirmation E-mail’). That acceptance will be complete at the time we send the Dispatch Confirmation Email to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with TLUXY when you place an order.

PRODUCTS AVAILABILITY

The computer system that characterizes this website is designed to ensure the immediate execution of orders; in fact, it shows real-time, in its electronic catalogue, the availability of product. If an order exceeds the amount available in the warehouse, the company will immediately notify the consumer before or at the time of the contract and provide, if necessary, to refund the sums already received for the provision pursuant to Art. 54 of D.Lgs. 206/2005. Unless the consumer agrees, the supplier cannot fulfil his obligations by providing different goods from the ones agreed, even if equal or greater value. This has to be expressed before or at the conclusion of the contract.

LIMITATION OF RESPONSABILITIES

TLUXY has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

PRICING

Prices are the ones stated on our Website www.tluxy.com at the time of the application order.

For shipments to countries subject to EU VAT/TVA, the same is included in the purchase price (Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary). For shipments outside the EU, prices are already displayed VAT/TVA free.

Prices exclude delivery costs, which will be automatically added to the total amount due, when the user views the items in the shopping basket and selects the shipping method.

TAXES

For shipments made in Italy, the United Kingdom, the United States, Hong Kong, Switzerland, Australia, New Zealand and countries within the European Union, any taxes are included in the prices displayed on the website. For the other Countries, additional costs may apply for customs duty and local taxes, which are for the user's account.

LIMITATION OF LIABILITY

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the products listed on the Site might be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that where a product's correct price is less than our stated price, we will charge to the consumer the lower amount; if a product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact the consumer for instructions before dispatching the product, or reject the order and notify the consumer of such rejection.

PAYMENT METHODS

All payments made on tluxy.it are handled in €/EUR. TLUXY orders can be paid by:

Credit Card

Several steps have been taken to ensure all information received from our online visitors is secure from unauthorized access and use. All transactions are processed through security systems that have been developed to ensure that the registered card holder and the registered online retailer are involved in the transaction. For the consumer own security and protection, if in the normal course of fraud control something suspicious is found out, we will call or e-mail the consumer to verify his information. Furthermore, all transactions details are entered into a protected online banking system, assuring the consumer a valid protection of his data. For further info, we recommend our consumers to visit the site www.adyen.com

PayPal

Choosing Paypal as payment method, the client may pay through his Paypal account or through baking system like Visa, Visa Electron, Mastercard, Delta, Solo, Maestro, American Express, JBC, Discover.

Scalapay

If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer. Visit www.scalapay.com for all conditions.

SHIPPING

Orders are processed during the main service hours, Monday to Friday, from 8:00 am till 6:00 pm CET

The merchandise will be ready for dispatch one business day after the receipt of payment. Deliveries are handled by POSTE ITALIANE/DHL/UPS. The estimated delivery time after dispatch is within 5 working days, according to the shipping method and the destination selected, referring to the chart below:

Destination	Shipping Method	Shipping Times
Italy	Poste Italiane/ DHL Express / UPS Express	1 – 3 working days
Europa	DHL Express / UPS Express	2 – 5 working days
Wordwide	DHL Express/ UPS Express	2 – 6 working days;

During sales or special promotions, processing may take longer.

If the delivery address is located in a remote area, which we might not be able to deliver to, we will inform the consumer of this before we accept the order. We reserve the right not to deliver to any country, which is prohibited by applicable export laws.

If the order requires international shipping, please be aware that it might be opened and inspected by customs authorities: sometimes resulting in import taxes and charges, which will be levied once the goods reach the specified destination.

SHIPPING COSTS

Delivery costs and times depend on Country of destination.

Visit this page for more about our Shipping Policy and shipping rates.

TAXES AND DUTIES

Any additional costs may be requested to the end consumer at the time of delivery of the goods by the courier.

We also remind that, for all other Extra EU Countries, if for any reason you refuse a delivery from Tluxy, you are responsible for the original shipping charges (even on purchases that included free shipping at a cost to Tluxy), duties, fees, taxes and / or customs charges incurred, and the cost of return shipping.

All charges for re-importation of goods sent back to Italy and all return delivery charges will be deducted from any refunds.

Regarding the calculation of the customs duties, taxes and duties are at the customer's charge, except for purchases made in the United Kingdom, the United States, Hong Kong, Switzerland, Australia, New Zealand and countries within the European Union. Payment of these is necessary to release your order from customs on arrival. We are unable to provide an estimate of these charges, therefore we advise to contact the local customs offices.

Please be aware that any local sales taxes or customs duties will be charged directly to the customer by the courier for each order at the time of delivery and will not be refunded if the items are returned.

TRACK OF THE STATUS

As soon as the order is shipped, the consumer will receive an email stating the Courier tracking number, then he can use to check the status of his order, starting from two hours after receiving the email via the link provided. For further info we recommend to visit the selected courier website.

SUCCESSFUL SHIPMENT DELIVERY

Upon order delivery, customers are required to carefully inspect the parcel BEFORE signing as proof of delivery.

Should for whatever reason the T.LUXY parcel or the packaging look tampered with, customers are requested to either sign for the package with reservation or refuse the delivery. In the event that the delivery of the parcel has been accepted and signed with an unknown party’s signature or if there is evidence that the package has been tampered with, customers are requested to open a claim immediately with the courier and contact T.LUXY at customercare@tluxy.it

When a reception desk or a concierge is available at the delivery address, the courier shall be entitled to deliver the package to the staff in attendance.

In the event that the parcel or the items inside are damaged or if an item shown in the delivery note is missing, customers are requested to retain the packaging for further checks.

Any claim concerning damages, missing items and/or delivery to a wrong address shall be noticed and received by T.LUXY within 10 (ten) days from the order delivery date on the courier website, and failure to comply to this term will result in the claim not being accepted.

Should parcels not be successfully delivered to customers address for reasons depending on customers (incorrect telephone number, incorrect address, absent at address, non-compliance with import regulations) as per T.LUXY commercial agreement, parcels might risk being returned to sender at customers’ expense. In such a case shipping costs and any customs charges will be deducted from any possible refund to customers.

RETURNS

If you are not satisfied with your order for any reason, you may return the item(s) for a refund within 14 days of the delivery date.

RETURNS OF PRIVATE SALE ORDERS

Returns of orders placed during a Private Sale, must be requested within 7 days from delivery date.

CONSEQUENCES

If the consumer repeals a contract of purchase, the company is obligated to refund all payments that has received, excluding additional shipping costs and return shipping cost (unless products delivered are damaged or faulty). Import taxes and charges will be refunded if they were originally included in the purchase price. If they were not included then the consumer will be responsible for reclaiming the duty directly from his local customs office. For the reimbursement will be used the same payment method, used to make the transaction, unless explicitly agreed to something else.

TLUXY reserves the right to withhold the reimbursement until the returned items are received and until the company has verified that the items have been returned in the same conditions, they have been sent. This includes the following guidelines:

- Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;

- Hosiery should only be returned if it is unopened and is in its original package;

- Footwear and accessories should be returned in the original boxes and inside a protective shipping box;

If the consumer fails to comply with the above obligations, we may deduct from the refund an amount to reflect the diminished value of the goods up to its full price. We reserve the right to request photographic evidence before authorising the return of the faulty Product(s) and paying for their return.

The items have to be sent back to tluxy.it immediately and no later than 14 days after the date on which the cancellation of this contract has been notified to us. An extended deadline will be granted only if expressly agreed in writing.

RETURN PROCESS

Customers must visit our Return Center insert their order number and email, and follow the return instructions.

For any further assistance please send an e-mail to customercare@tluxy.it

1. RETURNS
Returned items will be refunded, minus the original delivery costs. Refunds will be made as soon as the returned items have been checked and accepted. If you paid for the order by credit card, the refund will be made within 10 days and will appear on your next statement. Processing times may vary depending on the credit card company. Refunds will be made in the same currency as the original payment. Exchange rate differences will not be accounted for in the refund.

RETURN DELIVERIES COST

The cost of returns varies according to the geographical area to which the package has been shipped; for this reason, refer to the table in this page which gives an indication for each destination. Where due, the cost of the return will be deducted from the refund having checked the integrity of the product/s and after the right of withdrawal has been confirmed.

GUARANTEE OF AUTHENTICITY

TLUXY guarantees the authenticity of all Products purchased on the Site. TLUXY is not responsible in case the colors of the Products displayed on the Site present differences from the original ones, due to a particular configuration of the computer used by the Customer or a malfunctioning of it. All the intellectual property rights such as trademarks, service trademarks, images, design, music, video, software, codes and format scripts, are exclusive property of TLUXY . The material contained in the Site is protected by copyright. No page or other content of the Site may be reproduced, even partially, without the prior written approval of TLUXY.

DAMAGED PRODUCTS

If any product ordered is damaged or faulty when delivered or has developed a fault, the consumer has one or more legal remedies available, depending on when the problem is notified to us, in accordance with his legal rights. If the consumer claims, that he received a damaged or faulty product or that the product has developed a fault, he should inform us as soon as possible writing an email to customercare@tluxy.it, giving his name, address and order reference. Nothing in this section affects the consumer’s legal rights.

PRODUCT INFORMATION

Whilst we have taken reasonable steps to depict products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) the user sees on-screen will depend on his monitor and, as such, may not exactly reflect the actual detailing of a product when he receives it

Furthermore, any information on the Site regarding sizing of Products is included as a guide only. For any doubt, we recommend to contact us prior to placing an order at customercare@tluxy.it

LIMITATION OF LIABILITY

The company does not assume any responsibility towards the users about the accuracy and completeness of the content published on the site, except for its liability for fraud and gross negligence and except as otherwise provided by law. The Company shall not be held responsible for any use not in compliance with applicable laws of the Website and content for each of its visitors, subject to liability for fraud or negligence.

UPDATE OF TERMS AND CONDITIONS

The Company may amend or simply update all or part of these Terms of Use. Changes and updates to the Terms of Use shall be binding when published in this section of the Site. Clients are therefore required to regularly access to this section to read the most recent and updated Terms of Use.

JURISDICTION

Any dispute regarding the application, implementation, and breach of sales contracts signed "on line" through this site is subject to Italian jurisdiction, these conditions are reported, although not expressly provided herein, the provisions of the Code of consumption.

PRIVACY

T.LUXY guarantees that any information provided for promotional purposes will be treated in accordance with italian law No. 196/2003.

T.LUXY also announced that as for italian law No. 196/2003 user data provided at the time of sign up, are excluded from the privacy consent because required for fiscal / tax obligations (Italy law Art. 24, Letter A and B, D. LGS. 196/2003).

T.LUXY states that the personal data provided by its customers will not be used for the purposes of commercial information and / or the sending of advertising material or for carrying out market research or interactive commercial communication, except by prior consent of the by the customer.
The data are processed electronically in compliance with the laws and can be showed only at the request of a judicial authority or other authority authorized by law.
The user as for italian law No. 196/2003, can ask: own detail update, modification, integration, or ask for cancellation.
The cancellation of personal data have to be sent by mail (customercare@tluxy.it). Holder of personal data is Trade Lux Italia srl, Via Bagutta 13 - 20121 Milano, in the person of its legal representative.

MORE INFORMATION

Hopefully that all the info provided have been sufficient, we recommend to contact us, in case of further questions at the following email address:

customercare@tluxy.it