1.1 Please read the following important terms and conditions (the 'Terms') before you buy anything on our site.
1.2 Other than Luxury Cave Membership, the products and services you can purchase on luxury-cave.com (the 'Website') are sold by our luxury brand partners ('Partners') and not by us. We have been appointed by our Partners as their commercial agent for taking and concluding your order only.
1.3 For details of Luxury Cave Membership please refer to our Terms and Conditions of Membership here.
1.4 This following Terms set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities;
- our partners' legal rights and responsibilities; and
- certain key information we need to provide to you as required by law.
1.5 In this contract:
- 'We', 'us', 'our' or 'Luxury Cave' means Luxury Cave Ltd; and
- 'You' or 'your' means the person using our Website to discover and purchase products and services.
If there is anything in these Terms that you don't understand, please contact us by email to firstname.lastname@example.org, or by telephone at 0044 (0)207 118 1505. Our customer support hours are Monday - Friday, 9am - 5.30pm.
Who are we?
We are a company registered in England and Wales with company registration number 11452095.
Our registered office is at: Summit House, 170 Finchley Road, London, United Kingdom, NW3 6BP.
Our VAT number is 314 3717 24.
2. About these Terms
2.1 Our Website allow you to discover, order and pay for products and services from a range of Partners.
2.2 As above, the products and services on the Website are offered, sold and provided by our Partners and not by Luxury Cave. We are not the sellers of those products or services and shall not be liable to you for the Partner products and services which are ordered using the Website.
2.3 Luxury Cave takes and concludes orders for Partner products and services solely as an agent for its Partners.
2.4 If you pay for Partner products or services using the Website, we will receive your payment as an agent on behalf of the relevant Partner.
2.5 Subject to paragraphs 2.6 and 2.7 below, if you purchase products or services via the Website, two legally binding contracts will be formed:
- A contract between you and Luxury Cave in accordance with these Terms ('Luxury Cave Contract'); and
- A contract between you and the relevant Partner in accordance with these Terms and the Partners cancellation and delivery terms as noted below ('Partner Contract').
2.6 If you purchase products or services directly from the relevant Partner after having seen them featured on our Website or in our promotional emails, or having been introduced to the Partner by Luxury Cave, a contract will be formed between you and the Partner only.
2.7 If you purchase Luxury Cave Membership, a contract will be formed between you and Luxury Cave only (please see the Terms and Conditions of Membership).
2.8 These Terms are for sales of products and services to consumers only. If you are a business customer, buying products or services on our site for use in connection with your trade, business, craft or profession, please contact us directly and we may refer you to the Partner.
2.9 These Terms are only available in English. Any version translated into another language will not have any effect except where applicable law in your country of residence demands otherwise.
2.10 When using our Website you also agree to be legally bound by:
- extra terms which may add to, or replace some of, these Terms which may be added in special circumstances for legal reasons. We will contact you to let you know if we intend to do this and you can end this contract at any time before the changes take effect and receive a refund for any products paid for but not received;
- specific terms or conditions applied to certain products or services by the relevant Partner ('Partner Terms of Sale'). If you want to see these Partner Terms of Sale, please visit the webpage for the product or service.
- if you purchase Luxury Cave Membership, the Terms and Conditions of Membership.
3. Summary of your legal rights
Our Partners are under a legal duty to supply products that are in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the products.
Nothing in these Terms will affect your 'statutory rights' as a consumer. You may also have other rights in law that are additional to these Terms – please see the relevant Partner Terms of Sales for further details.
By law up to 14 days after receiving your products, in most cases, you can change your mind and get a full refund.
Products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product(s) you're entitled to the following:
- up to 30 days: if your products are faulty, then you can get a refund;
- up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
- up to six years: if the products do not last a reasonable length of time, you may be entitled to some money back.
If you live in the UK, you can contact Citizens Advice for more information. Please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace these Terms which you should read carefully.
4. Information we give you
4.1 By law, you must be given certain key information before a legally binding is made. If you want to see this key information, you will find it in the ['Product / Service Details'] section of each product or service webpage, or you can contact us using the contact details at the top of this page.
4.2 The key information we give you by law forms part of any contracts entered into in accordance with these Terms (as though set out in full here).
4.3 Each of our Partners is responsible for providing key information which is complete accurate and not misleading, but we are not responsible for such key information.
4.4 If any key information changes once a legally binding contract is entered into, this can only done if you agree.
5. Ordering products from us
5.1 Below we set out how a legally binding contract is made between you and Luxury Cave.
5.2 Please note that if you are ordering:
- a product to be made to measurements you have given us, you are fully responsible for ensuring that these measurements are correct; or
- a product or service to be personalised or customised to your requirements, you are fully responsible for ensuring that the relevant personalisation or customisation details are correct.
5.3 You place an order on the Website by following the on-screen instructions on the webpage displaying the product or services you are interested in. Please select the product or service (and product or service options if applicable) when prompted and then add the products or services to your 'basket'. Once you have finished selecting the products and services you wish to purchase, you must enter your delivery and payment details.
5.4 Please read and check your order carefully before submitting it (e.g. by clicking on 'submit' or 'confirm').
5.5 As Luxury Cave is authorised to act as an agent of its Partners to conclude purchases of products and services, a contract will be formed when we send you an email to confirm your order ('Order Confirmation').
5.6 Your Order Confirmation will be your receipt from Luxury Cave (it is not a VAT receipt, as this will be provided by the relevant Partner).
5.7 We may contact you to say that we do not accept your order. This is typically for the following reasons:
- we cannot authorise your payment;
- we are informed by the Partner that the products are unavailable;
- you do not have legal capacity to buy the products or services from us;
- we are not allowed to sell the products or services to you;
- you have ordered too many products or services; or
- there has been a mistake on the pricing or description of the products or services.
6. Right to cancel this contract
6.1 Except as described below in clause 6.2 in relation to custom-made products you have the right to cancel this contract for any products purchased without giving any reason within a 14 day cooling-off period. Please refer to the Partner Terms of Sale for details of the cancellation rights you have under your Partner Contract.
6.2 Please note however that your right as a consumer to change your mind (to cancel the contract) does not apply in respect of:
- products you order on the Website that are custom-made to your particular requirements;
- services, once these have been completed, even if the cancellation period is still running;
- digital products after you have started to download or stream these;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
(this does not affect your statutory rights in relation to faults and other problems as described in clause 3).
7. Effects of cancellation
7.1 Please refer to the Partner's delivery details for details of the specific cancellation rights under your Partner Contract.
7.2 Any reimbursements due will be made by the relevant Partner.
8.1 Products will be delivered to you using a courier service chosen by the relevant Partner.
8.2 Please refer to the Partner Terms of Sale for details of the delivery terms under your Partner Contract.
8.3 Delivery of any products provided as part of Luxury Cave Membership will be delivered in accordance with the Terms and Conditions of Membership.
9.1 We accept the credit cards and debit cards displayed during the ordering process. We may also accept payment by PayPal, if specified on our Website.
9.2 We will do all that we reasonably can to ensure that our site and all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, transmitting information over the internet is not 100% guaranteed to be secure and in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
9.3 Your credit card or debit card will only be charged when the Order Confirmation is sent to you.
9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps.
9.5 If your payment is not received by us and you have already received the products, you:
- must pay for such products within 5 days; or
- must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
9.6 If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
9.7 Nothing in this clause 11 affects your legal rights to cancel the contract during the 'cooling off' period as set out under clauses 8 and 9.
9.8 The price of the products:
- will be payable in GBP;
- includes VAT at the applicable rate; and
- does not include the cost of delivering the products.
10. End of the contract
If your contract with us is ended it will not affect our right to receive any money which you owe to us under such contract.
11. Limit on our responsibility to you
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury caused by our negligence), we are not legally responsible for
a. losses that:
- were not foreseeable to you and us when the contract was formed; or
- that were not caused by any breach of these Terms or legal obligation on our part;
b. loss or damage to anyone purchasing a product under these Terms who is not acting as a consumer.
12. How we may use your personal information
12.1 We will use the personal details and information about you (also known as 'personal data') that you provide to us:
- to process your order;
- to process your payment for products and services;
- to ensure that our Partners can provide relevant products and services to you; and
- in accordance with your marketing preferences, to send you communications about similar products, but you may opt-out of receiving these at any time.
13. Complaints and disputes
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 If you are unhappy with:
- the products;
- our service to you; or
- any other matter relating to your purchase;
please contact us as soon as possible. Please note that, as above, unless your complaint relates to our Website, the Luxury Cave Contract or Luxury Cave Membership, we may either refer you directly to the relevant Partner responsible for fulling your order or pass your complaint to them.
13.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- you may use the online dispute resolution ('ODR') platform to resolve the dispute with us. For more details, please visit the website on the 'Your Europe' portal here.
13.4 These Terms are governed by English law. As a consumer you will benefit from any mandatory provision of law in the territory where you reside.
13.5 Nothing in these Terms is intended to affect your legal rights as a consumer or rely on mandatory provisions of local law to take action in a court or forum that has legal jurisdiction.
14. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.