1. INTRODUCTION
1. This web store (“Web Store”) is operated by Nox Lux under the brand name Nox Lux™ (“Nox-Lux.com/NoxLux.com/Nox Lux/Nox-Lux/NoxLux/we/us”). If you have any questions regarding the Web Store or these terms and conditions, or in the unlikely event that you have any complaints about any products or services purchased by you from the Web Store, you can contact us at:
Nox Lux
11 Aviator Way
Ormond Beach, FL 32174
United States
Tel: (386) 301-5721
2. SCOPE
1. These terms and conditions together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for products made available by us for purchase over the Web Store. Please read these Terms carefully. Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local BBB for more information.
2. Please save electronically or print a copy of these Terms and Conditions for future reference.
3. ACCEPTANCE OF ORDERS
1. You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
2. In submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Neither the placing of an order, nor the receipt of money by us, creates a binding contract between you and us. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been dispatched to you.
3. When placing an order for the first time, you will be required to register with us and complete certain required fields on an online form. We will ask you to supply an e-mail address and password for you to be able to access certain areas of the Web Store, such as the My Account section of the Web Store (“Secure Access”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorized use of the Secure Access or if the Secure Access becomes available to an unauthorized party. Without prejudice to our other rights and remedies, we may suspend your access to the Web Store without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Web Store.
4. In the event that prolonged inactivity causes your connection to our Web Store to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection.
5. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order including the costs of carriage where applicable and correct any input errors. All information on our Web Store is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the products.
6. If products are shown on our Web Store but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products.
7. You will be charged for the products which have been ordered by you together with the relevant delivery charges and taxes.
8. Although we have made all reasonable efforts to correctly display product colors on the Web Store, we cannot guarantee that these will be accurately represented.
4. PRICES
1. All prices on this website are stated in American Dollars ($). They do not include any tax payable but exclude delivery charges and any tax on these delivery charges.
2. We endeavor to ensure that all pricing information on the Web Store is correct. Occasionally, however, an error may occur and Products may be miss-priced. If a Product’s correct price is lower or higher than the price stated on the Web Store, we will contact you and ask you whether you wish to proceed with the order at the correct price at which point you may cancel your order and we will confirm this cancellation in writing via email. We will not be obliged to supply Products at an incorrect price.
3. We may vary the prices listed on this website at any time and without any notice.
5. PAYMENT TERMS
1. The total cost of your order will be the purchase price for the Products, plus delivery charges. Find out more about delivery charges by visiting the web page entitled “Delivery Information”.
2. Please note that we accept payment in American Dollars only.
3. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
6. INVOICING
1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
7. DELIVERY, TITLE AND RISK
1. Orders will be sent to the delivery address that you have supplied during the ordering process. We cannot be held responsible if that delivery address is incorrect. Please note that we do not deliver to PO boxes or temporary addresses. Please note that there are restrictions on the locations to which we deliver products purchased from our Web Store.
2. Title in the Products will pass to you on the latter of:
a) the date on which we receive payment in full for such Products; and
b) the date of delivery of such Products to your nominated address.
3. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
4. We shall be entitled to (a) deliver the Products in installments and each installment shall be deemed to constitute a separate contract and (b) supply only part of an order.
8. CANCELLATION AND RETURNS
Please refer to our returns policy page for full information. This does not affect your statutory rights.
All merchandise returns must be approved and accompanied by a return authorization number written clearly on the outside of the return package with a copy of the original invoice. All customer accounts must be up to date before a return authorization number can be issued. Return authorization numbers can be obtained by calling our offices and speaking with one of our customer service representatives. Request for return authorization numbers must be made within 15 days of the original invoice. Once a return authorization number has been given the product must be received by us within 10 days or it is voided. We are not responsible for any returns that are not previously approved and issued a return authorization number. All non-warranty returns are subject to a restock fee of 25% and may be applied at the discretion of us. Shipping fees are non-refundable. Credits take 30 days to process.
9. AGE REQUIREMENTS
1. If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
10. INTELLECTUAL PROPERTY
1. Copyright, Trademark, and Patents
All content included on this site, noxlux.com, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Nox Lux or its content suppliers and protected by United States and international copyright laws. The noxlux.com logo Nox Lux (shown in color) is trademark protected. Nox Lux graphics, logos, page headers, button icons, scripts, and service names are protected under trademark, or trade dress of Nox Lux in the U.S. and/or other countries. Nox Lux trademark and trade dress may not be used in connection with any product or service that is not Nox Lux’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nox Lux. All other trademark and copyright materials not owned by Nox Lux that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nox Lux.
2. When submitting photos and any wordage(content) – you are allowing us at Nox Lux and Nox Lux INC to use your images and content for any purpose without compensation to you and have no obligation to keep your images and content confidential. We also reserve the right to use your images and content at our discretion.
3. We reserve the right to not include any links to adult content, gambling, drug or alcohol, illegal activities, or anything we deem inappropriate and/or outside the context of what we feel is appropriate.
11. WARRANTY
Nox Lux warrants product(s) to be free from defects in materials and workmanship. Your product will be warranted for a specified amount of time depending on the product against manufacturer defects from the original purchase date for the original purchaser. Please check product page for stated warranty time period. If there is not warranty stated on the product – warranty is 24 months. Proof of purchase will be required for warranty service. Customer modifications and/or improper installation or damage from return packaging of the product may void this warranty. All warranty parts must receive a return authorization number and sent back for inspection prior to any replacement approvals are issued and shipped.
Nox Lux Inc, at its sole discretion, will determine the proper handling of all warranty claims. All warranties, expressed or implied, are void if our warranty claim department determines that there is sufficient evidence of one or more of the following:
1. Negligence: Improper installation, improper use, etc.
2. Abuse: Damage beyond the limits of “normal wear and tear.”
3. Unauthorized Repair: Repair service performed by an unauthorized service center.
4. Seal Tampering: Removal of bezel or bezel screws will compromise the integrity of the water-tight seal.
All warranties are non-transferable. Warranty terms and policies are subject to change without notice.
12. EXCLUSION OF WARRANTIES
See 11 above for details of the warranty offered.
If you tamper with, modify or disassemble the product for any reason your warranty will become VOID. We check all products before shipping them to our customers and will therefore be aware if tampering, modification or dis-assembly has taken place and we will not refund or replace the product in these circumstances.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nox Lux DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
This Section does not affect your statutory rights as a consumer. For more information on your statutory rights, local BBB for more information.
13. LIMITATION OF LIABILITY
1. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
2. Subject to Section 12.1 above, we will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms for any:
Economic losses (including, without limitation, loss of revenues, data, profits, contracts, business or anticipated savings); or
Loss of goodwill or reputation; or
Special or indirect losses
suffered or incurred by you arising out of or in connection with these Terms.
3. This Section 12 does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local BBB for more information.
14. DATA PROTECTION
1. If you wish to purchase Products on the Web Store you must provide us with the information required by us. By entering information on the Web Store you represent and warrant that (i) you are using your actual identity; and (ii) all information you provide is true, accurate, current and complete as at the time you provide us with that information.
2. By placing an order you agree and understand that we may store and process your personal data. We fully respect the privacy of individuals who access and use this Web Store and will never pass your details to any third party, except as required by law.
3. We store electronically the details of all orders placed with us through our online store and will make an electronic PDF copy of any order you have placed with us on request in writing subject to reasonable notice.
4. You are asked to set your contact preferences in terms of receiving information from us at the point you open your account with us. If you subsequently wish to amend these you may do so at your discretion and at any time by logging into your account. Alternatively you may write to us with your instructions at:
Nox Lux
11 Aviator Way
Ormond Beach, FL 32174
United States
Tel: (386) 301-5721
15. ASSIGNMENT, SUB-CONTRACTING ETC.
1. We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
16. AMENDMENTS TO THESE TERMS
1. We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products or Services in question from us.
17. EVENTS BEYOND OUR REASONABLE CONTROL
1. We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
18. SEVERANCE
1. Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed sever-able form and not affect the enforce-ability of any of the other provisions of these Terms.
19. GOVERNING LAW AND JURISDICTION
1. These Terms and all transaction relating to this Web Store are governed by USA law and you, and we, hereby submit to the non-exclusive jurisdiction of the USA courts.
20. LANGUAGE
1. English is the language available for the conclusion of any contract with us.