Terms & Conditions

TERMS
This website is operated by bytheLUXEofit Ltd. Throughout the site, the terms “we”, “us” and “our” refer to bytheLUXEofit. BytheLUXEofit 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 and conditions stated here. 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. No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We reserve the right to refuse service to anyone for any reason at any time.

These terms and conditions apply: so far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Goods. We will accept your order by way of email confirmation. That is when our contract is made. Our email will also confirm details of your purchase and tell you when we will dispatch your order. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

YOUR ACCOUNT
You agree that you have provided and will continue to provide accurate and complete information about yourself. We require this information to provide you with the Goods that you order. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account and password. If you believe your account has been accessed without your authority, you should immediately inform us and log in to your account and change your password. You agree that any username or email address selected by you, does not interfere with the rights of any third party and has not been selected for any unlawful purpose and that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection. We reserve the right to refuse you access to Our Website at any time.

PRODUCTS
Our Products are handmade and slight variations on certain Products are part of the character. We do our best to ensure the Products give you a good indication of what they look like at our workshop. However, please note that images are for illustrative purposes only. Although we make every effort to display Products accurately, as they are handmade, it is not always possible to accurately reflect colour, size, dimensions and texture through digital displays on web browsers. Your Products therefore may vary slightly from the images displayed on our Website.

PRICES AND PAYMENTS
We endeavour to keep prices of Goods updated and accurate, though from time to time there may be inaccuracies or changes to price. In this case, we will not send your order until you have confirmed that you accept the new price or if you wish to cancel your order. Prices for our Goods are subject to change without notice. Banking charges by the receiving bank on payments to us will be absorbed by us. All other charges relating to payment in a currency other than Thailand Baht will be absorbed by you.

DELIVERY
Most of our items, unless otherwise stated, are made-to-order which will take about 10-25 working days. Parcels will be sent by registered mail. Please contact us for any urgent delivery requests. Do ensure you have someone present to accept delivery. We cannot be held responsible for delays caused by customs authorities in the destination country.

EXCHANGES, RETURNS AND CANCELLATIONS
All sales are final and non-refundable. In the event of items that are incorrect, defective, or damaged from shipping, we will allow exchange or refund on the items within 10 days of goods receipt. You will need notify us within 5 days of the said period and submit the request through our Returns Form. For full details and instructions, please check out our Returns Policy.

PRIVACY POLICY
We take our customers' privacy seriously and we will only collect and use your personal information as outlined in our Privacy Statement. Please refer to the page on Our Website.

DISCLAIMERS
We reserve the right, at our sole discretion, to update, replace or make changes to Our Website, the Content, or to any of the Goods, at any time and without prior notice. You can review the most current version of the Terms and Conditions at any time at this page. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. There may, on occasion, be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product 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 is inaccurate at any time without prior notice. The service and all products and services delivered to you through the service are provided 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. We do not guarantee, represent or warrant the compatibility of Our Website with your equipment, software or telecommunications connection.

In no case shall we 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 your use of the service or any product, including, but not limited to, any 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. Our liability shall be limited to the maximum extent permitted by law.

CONTENT & INTELLECTUAL PROPERTY RIGHTS
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in: text, graphics, logos, icons, images, digital downloads, data, and software. We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights will remain the sole property of us and we will strongly protect those rights in all countries and territories. Except as set out below, you may not copy, modify, publish, transmit, transfer, sell, reproduce, derive works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name, logos, trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not electronically store a significant portion of any Content. In certain circumstances and only if published credit to bytheLUXEofit (and bytheLUXEofit's relevant social handle) is given, you may share promotional imagery found on bytheLUXEofit.com through social and other channels. You may not adapt, alter or create a derivative work from any bytheluxeofit.com content or imagery prior to sharing, without prior written permission of bytheLUXEofit.

INDEMNITY
You agree to indemnify, defend and hold us 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 and Conditions or your violation of any law or the rights of any other person.

OTHER PROVISIONS
We will communicate with you by email and you agree that email communications are contractually binding in the same way as signed and dated paper sent by post. Where we provide goods or services without specific charge to you, then it is deemed to be provided free of charge, and accordingly, there is no contractual nor other obligation upon us in respect of those goods or service nor shall we confer any benefit or obligation on any third party. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

DEFINITIONS: 
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the pieces we offer for sale on Our Website.
“Content” means any material in any form published on Our Website by us.