Terms and Conditions

XluX Online Store Terms & Conditions

XluX Limited provides services to you subject to the following term and conditions. If you visit https://x-lux.co.uk/, you accept the conditions set out in this policy. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website. All legal notices on this Website which relate to your use of the Website together with all applicable terms and conditions and our Privacy Policy govern your use of this Website.

Electronic Communications

When you visit https://x-lux.co.uk/ or communicate with us via emails and through other means of electronic messages; you as a website visitor (s) consent to receive communications from us electronically. When you browse our online shop and make a purchase, through your journey as a website visitor (s), you accept our policies, agreements, notices, disclosures and other forms of communications that we provide to you electronically and agree that these services satisfy your personal need and fulfill the legal requirements.

Customer (s) Privacy Policy

XluX Limited is a company registered in England and Wales [collectively referred to as XluX Limited, XluX Shop, https://x-lux.co.uk/, XluX, we or us in this policy].

Maintaining the security of your data is a priority at XluX Limited, and we are committed to respecting your privacy rights. We pledge to handle your data fairly and legally at all times. XluX is also dedicated to being transparent about what data we collect about you and how we use it.

This policy, which applies whether you visit our XluX online store, make a purchase in person or otherwise generally engage with us in any "a business dialogue".

How & Why We Use Your Data

XluX online shop and its trusted partners acting on our behalf use your personal data to:

• To provide you with goods and services.
• To manage any registered account (s) that you hold with us.
• To make a tailored website available to you.
• To verify your identity.
• For crime and fraud detection and prevention.
• With your consent, to contact you electronically with promotional offers, products and services which we think it might be of your interest.
• To enable https://x-lux.co.uk/ and its service provider to manage customer (s) service interactions including making a refund to you, and where we have a legal right or a call of duty to disclose your information (for example in relation to a legal dispute).
• For customers' insight and market research purposes - to better understand your needs and purchasing behaviours.

Promotional Communications

XluX uses your personal data to send advertising and promotional messages by email, text and other communication channels "with your agreement" and we may send you a postal mail to update you with our latest offers.

You have the right to opt-out from receiving marketing communications at any time; you can do this by changing your marketing preference via your online account or you can contact us via our email address: info@x-lux.co.uk or simply send us a WhatsApp text.

Online Advertising

When you visit XluX online shop, you may be served an online advertisement from the XluX brand and its international partners whilst using other online platforms [including new social media platforms]. Any advertisements you will see will relate to products you have viewed whilst browsing https://x-lux.co.uk/ on your computer or on any other device; which we believe might be of your interest. These advertisements are provided by XluX through marketing specialist providers using cookies and similar technologies placed on your computer or other devices.

Our Service Providers & Suppliers

In order to make certain services available to you, we may need to share your personal data with our service partners. These incorporate IT, Marketing Service Providers, Fraud Prevention and Identification Partners.

XluX allows its service providers to handle your personal data when we have confirmed that they apply for appropriate data protection and secured controls.

Other Third Parties

https://x-lux.co.uk/ will not disclose your personal data to any third parties, we will not sell or rent our customers data to other organisations for marketing purposes.

What Personal Data We Collect

XluX and its service provider may collect the following data about you:

• Your name, date of birth/ age and gender.
• Your contact details: postal address including billing and delivery address, telephone / mobile numbers and email address.
• Purchases and orders made by you.
• Your communications and marketing preferences.
• Your payments details when you make an order with us.
• Your clothing preference and clothing size.

The above-mentioned list is not exhaustive, we may need to collect additional data for the purposes set out in this policy.

The Legal Basis in Processing Personal Data

The normal legal basis for processing customers' data, is that it is necessary for the legitimate interest of XluX Limited and its wider customers as set out through this policy.

Cookies

https://x-lux.co.uk/ uses cookies and similar technologies to collect information. This includes information about the browsing and purchasing behaviours of customers who access XluX online shop.

Copyright

Every content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XluX Limited and protected by copyright law.

All materials and contents on this site are exclusively the property of XluX Limited, and protected by international copyright laws and also governed by the laws of England and Wales.

Your Membership Account

To place an order, you can open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via guest checkout. Please see our Privacy and Cookie Policy for more information on what personal information and how that personal information will be used and stored.

You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account, we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. XluX shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If XluX is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.

When you order through XluX Online Store via our guest checkout you will still need to provide us with certain compulsory personal information in order for us to process your order.

Users Generated Content Policy

By consenting to allow XluX Limited to use your social media post on the XluX digital platforms such as XluX online shop, a dedicated User Generated Content [as defined below], gallery page, XluX social media channels, email communications and in-person direct advertising; you are agreeing to the following policy:

All posts and content tagged with the #XluX,# XluXShop, #XluX Limited, # XluX Men's Clothing and or @XluX or used on the XluX channels including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, videos, clips, GIFs, moving images and all other information and material shall be referred to in this policy as "UGC”.

1. You hereby grant to XluX Limited a worldwide, perpetual, irrevocable (subject to your rights at paragraph 5), non-exclusive, assignable, royalty-free license and all necessary permissions and/or consents required (with full right to sub-license) to use, reproduce, exploit, publish, modify and alter your UGC including, without limitation, the right to adapt, alter, amend or change your UGC.
2. Any UGC you provide will be considered non-confidential and non-proprietary.
3. You hereby warrant and represent that:

a) you own all rights in the UGC.

b) if your UGC contains any material that is not owned by or licensed to you or which is subject to third party rights, you are responsible for obtaining, prior to our use of your UGC, all releases, consents and/or licenses necessary to permit our use of your UGC.

c) you have obtained permission from any person(s) identifiable in the UGC to grant the rights specified in this policy, or where those person(s) are aged 18 years or under, you either: the parent or legal guardian of such identified person(s); or have obtained the express consent from a parent or legal guardian of such identified person(s) to their appearance in the UGC and to you submitting the UGC to the XluX Channels.

4. your UGC (including its use, publication and/or exploitation by us) shall not:

• infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
• be abusive, offensive or contain otherwise inappropriate language;
• contain remarks that repeat criminal accusations, false, defamatory or misleading statements;
• contain profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others;
• contain material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers;
• breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
• contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and
• violate any other applicable law, statute, ordinance, rule or regulation.

5. You hereby waive and shall procure the waiver of any moral rights in the UGC under Chapter IV of Part I of the Copyright Designs and Patents Act 1988 or any similar provisions of law in any jurisdiction.

6. You reserve the right to reverse your decision to allow us to use your UGC at any time from the initial point of agreement.

7. You give us the right to use the UGC on the XluX channels and in person advertising at any time that we choose, for any purpose, including to advertise our products. Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.

8. You understand that the personal data that we collect from the UGC will be treated in accordance with our Privacy Policy which is part of the term and conditions policy.

9. XluX is not liable for any UGC or its use. You shall indemnify and hold us harmless and any person acting our behalf from any and all claims, demands, costs, liabilities, damages and expenses (including reasonable legal fees) which we may incur in connection with the use of your UGC.

10. We reserve the right to amend this policy at any time.

Damage To Your Computer or Other Devices

XluX uses reasonable efforts to ensure that this online website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or another device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or another device. Except where required by applicable law, XluX shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

Product (s) & Service Descriptions

We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through XluX Online Website, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• all prices are displayed in your local currency and local tax where applicable unless expressly indicated otherwise;
• the weights, dimensions and capacities shown on the Website are approximate only;
• packaging may vary from that shown on the online shop;
• whilst we try to display the colours of our products accurately on the online shop, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.

Damaged Or Incorrect Supplied Product (s)

You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied. Please review our return and exchange policy. In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds will be given will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.

Acceptance Of Your Order

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we dispatch the product(s) or on the commencement of the services that you ordered from us. This will be no later than 1 week after we have received payment from you. Prior to dispatch of the product(s), XluX has the right to decline an order for any reason, including legal and regulatory reasons.

The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the products.

If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.

Payment

Payment is taken by our secured international payment gateways partner

Accepted Payment Methods

You may pay by debit card, credit card, PayPal or another alternative payment method specified as part of the checkout process.

Payment

If you place an order on our online shop, then you acknowledge and agree that: XluX Online shop and its service providers will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that XluX may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by XluX for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that XluX reasonably prescribes.

Liability

Nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.

Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.

We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.

In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

Law, Jurisdiction & language

Any matter that arises out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.

Changes To These Terms and Conditions

We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions. Please review our other polices in place as these polices also govern the use of the website.

Severability

If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

Entire Policy

These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you, our service providers and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

Any Questions

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff, please email us at: info@x-lux.co.uk