Terms & Conditions

1 Definitions

1 In these terms and conditions the following words shall have the meanings as set out below unless the context requires otherwise:
1.1.1 "We", "Us" and "Our" means luxuriousz.com, whose registered office is Calle Velazquez 80, 28001 Madrid, Spain.
1.1.2 "You" and "Your" means You, the Client.
1.1.3 “User” means Private or Corporate user
1.1.4 "Website" means any of our associated or affiliated Websites found at the following web addresses (URLs): www.luxuriousz.com and www.ibizafashionwknd.com

1.2 Clause headings shall not be taken into account in the construction or interpretation of these terms and conditions.
1.3 Words importing the singular mean the plural and vice versa. References to persons shall include bodies corporate and vice versa. Reference to specific statutes shall include any statutory extension or modification, amendment or re-enactment of such statute and any regulations or orders made pursuant to or under such statute.
1.4 Reference to any clause sub-clause or schedule without further designation shall be construed as a reference to the clause, sub clause or schedule in these terms and conditions so numbered.

2 Access to the Website and Content

2.1.1 The information provided by Us on the Website is not in any way an invitation or recommendation to buy any products or services featured and You, the Client should seek appropriate independent advice.
2.1.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.1.3 We reserve the right to change, modify, substitute or remove without notice any information displayed on the Website from time to time.
2.1.4 We assume no responsibility for the contents of any other URLs to which the Website has links.

3 Intellectual Property Rights Indemnity

3.1 The Website and its contents are protected world-wide by copyright and, where applicable, intellectual property rights (whether registered or unregistered) including without limitation rights in designs, trade marks, logos, “get-up” (being the overall look and feel of the Website), trade dress, trading, business and domain names and email addresses, rights in passing off, unfair competition and equivalent rights, copyrights in databases, typographical arrangements, operating systems and software and trade secrets. Except as expressly provided herein, luxuriousz.com and its Suppliers do not grant any express or implied right to You, the Client under any of the above intellectual property rights with respect to the contents of this Website.
3.2 Other Product, Service or company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
3.3 You, the Client shall retain ownership of all copyright in data You, the Client submit to the Website. You, the Client grant Us a world-wide exclusive, royalty-free, non-terminable license to use, copy, distribute, publish and transmit such data in any manner.
3.4 The trademarks 'luxuriousz.com' and the luxuriousz.com logos and all other subsidiary country and regional Website logos) are the property of luxuriousz.com and You, the Client are not permitted to use these marks without the prior written consent of luxuriousz.com. 'luxuriousz.com' also owns the intellectual property rights in respect of the design and the layout of the Website (including the 'get-up' being the overall look and feel of the Website) and will take such legal action as is appropriate to protect its rights against infringement by third parties.
3.5 Except as otherwise indicated, You, the Client and User may NOT download proprietary information, images, designs or concepts onto a PC and print the documents and information available on this Website. Should written permission have been granted then all information will be subject to the following conditions:
3.5.1 The documents and information may be used solely for personal, informational, internal, non-commercial purposes (save as in connection with the services and offerings provided by luxuriousz.com).
3.5.2 You, the Client and User may not modify Our information or documents in any way.
3.5.3 You, the Client and User may not distribute Our information or documents to third parties
3.5.4 You, the Client and User may not remove any copyright or other proprietary notices contained in the documents and information.
3.5.5 luxuriousz.com reserves the right to revoke the authorization to view, download and print the documents and information available on this Website at any time, and any such use shall be discontinued immediately upon written notice from luxuriousz.com.
3.5.6 The rights granted to You constitute a license and not a transfer of title.

4 Limitation of Liability

4.1 We use reasonable endeavors to ensure that the information displayed on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and You, the Client should be aware that such information may be inaccurate, incomplete or out-of-date. To the extent permitted by applicable law, We disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault-free and We do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of information over the Internet, and the number of users by whom information is posted on to the Website, any liability We may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall We be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything else, which may have a harmful effect on any technology.

5 User Name and Password

5.1 On registering with Us, You, the Client and User are obliged to provide us with correct details. You, the Client and User are not allowed use aliases or to falsify your personal information in any way or form.
5.2 On registering with Us, You, the Client and User are issued with a user name and password, which must be used in order to access certain restricted parts of the Website. The user name is Your email address. The user name and password are personal to You and are not transferable.
5.3 Your name and password are the methods used by Us to identify You and so are very important. You, the Client and User are responsible for all information posted on the Website by anyone using Your user name and password and any payments due for services accessed through the Website by anyone using Your user name and password. Any breach of security of a user name and password should be notified to Us immediately.
5.4 You, the Client and User may not adapt or circumvent the systems in place in connection with the Website nor access the Website other than through normal operations.

6 Data Submitted by Users

6.1 We accept no liability for data supplied by You, the Client and User for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
6.2 If You, the Client and User submit information for display on the Website You, the Client and User are responsible for ensuring that the information is accurate, complete and up-to-date and for updating that information where necessary.
6.3 If any of the information that You have provided to Us changes, for example if You, the Client and User change your e-mail address or postal address, You are responsible for informing Us of the change or for making the change via our Website.
6.4 If You, the Client and User submit information for display on the Website You are responsible for ensuring that no information is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties
6.5 You, the Client and User warrant that You have taken all reasonable precautions to ensure that any information You upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
6.6 We reserve the right (without limiting Our rights to seek other remedies) to remove offending material placed on the Website that We consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
6.7 You, the Client and User will indemnify Us for any claim or loss (including without limitation, economic loss) suffered by Us arising out of Your failure to observe any of the terms of this condition 6.

7 Privacy

7.1 We are committed to protecting Your privacy. We will collect and use information supplied by You, the Client and other users of the Website to improve the Website and personalise Your experience when You visit the Website. We may also use it to tell You, the Client and User about changes in Our services or about features we think You will find interesting. We may sell, trade or rent Your personal information with trustworthy third parties, who provide complementary services. By registering with Us, You are deemed to have consented to use of personal information for these purposes. However, You can tell Us not to deal with Your personal information in these ways in the future by simply sending an e-mail message to info@luxuriousz.com.
7.2 Under the European Data Protection Act we follow strict security procedures in the storage and disclosure of information, which You have given Us, to prevent unauthorised access.
7.3 In the event that We are sold or integrated with another business Your details may be disclosed to Our advisers and any prospective purchasers' advisers and will be passed on to the new owners of the business.

8 Termination

8.1 We reserve the right to revoke access to our website in case of abuse, negligence or upon complain by others (users and non-users). In doing so we are not obligated to notify You, the Client and User as user.
8.2 All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement for any reason

9 Quotations

9.1 Following meetings We will provide you with an individual written quotation in Euro’s. All quotations are valid for a period of fourteen days from the date of printing. We cannot guarantee prices there after due to market prices constantly changing. In the instance that the event brief alters, it may be necessary to review and reissue the quotation. All quotations contain a final and fixed cost, which will not be reduced if the number of guests attending the event is less than originally quoted for. Any samples provided to You, the Client by Us will be fully charged to You unless otherwise agreed.
9.2 Although quotations are calculated to the highest accuracy, budgets may run out due to:
9.2.1 Market price changes and/or,
9.2.2 Unforeseen occurrences on transport, manufacturing, locations, Health & Safety regulations, (local) Government rulings, permit requirements, acts of nature, hostilities, strikes and/or any other circumstances beyond control of Us.
9.2.3 Or due to modification in the requirements as provided by You or your suppliers

10 Payment

10.1 As costs are incurred on your behalf prior to the event date, We maintain the following payment terms:
10.1.1 An initial deposit, of fifty (50) percent of the total quotation cost, is required immediately to confirm your event, together with a completed acceptance form signed by You, the Client or the legal representative of You, The Client. After receiving payment and the signed acceptance form we will commence delivery of our Services or Products
10.1.2 All initial deposits are NON-refundable
10.1.3 Upon the 1st day of the actual event day You, the Client must make twenty-five (25) percent of the total quotation cost payable to us by bank. If payment is not received by 1:00pm of the launch day We will seas all activities until such payment has been completed. All damages driven from this are subject to account of You, the Client.
10.1.4 You, the Client shall receive a final invoice after the event, and which is payable seven (7) days after invoice date.
10.1.5 Outstanding payments will be charged an interest of eight (8) percent above the National banks base-lending rate.
10.1.6 Outstanding payments older than thirty-five (35) days will be transferred to a bailiff for legal proceedings.
10.2 All deliveries of Services or Products agreed to by luxuriousz.com shall at all times be subject to credit approval of luxuriousz.com. I f, in luxuriousz.com judgment, Clients financial condition at any time does not justify production or delivery of Services or Products on the above payment terms, luxuriousz.com may require full or partial payment in advance or other payment terms as a condition to delivery, and luxuriousz.com may suspend, delay or cancel any credit, delivery or any other performance by luxuriousz.com.

11 Cancellation

11.1 In the instance that you need to cancel your event, the following conditions will apply:
11.2 All cancellations must be made by Telephone followed by an immediate written confirmation by email 2 hours after the initial and by registered mail forty-eight (48) hours after the initial cancellation notification from the Legal representation of You, the Client.
11.3 If You, the client shall cancel or be deemed to cancel the event then shall be liable to pay fifty (50) percent of the full quoted price specified in the quotation up to thirty (30) days prior to the event date.
11.4 Cancellations 14 days prior to the date of the event, The Client will be liable to pay a minimum of seventy (70) percent of the full quoted price, dependant upon costs already incurred by Us.
11.5 Cancellations less than then (10) days prior to the event, The Client will be liable to pay hundred (100) percent of the full quoted price.

12 Limitation of Liability

Luxuriousz.com shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the agreement or use thereof whether or not such damages are based on tort, warranty, contract or any legal theory.
The Client is responsible for any loss or damage to the hired equipment, from the time of delivery until collection by The Company, or its sub contractor, or returned by the Client. In case of damages, losses or breakages of equipment, glassware and china due to negligence by the Client then this will be charged to The Client at the full current replacement cost. The Client is liable to pay the full outstanding balance of the invoiced amount within 7 days of the event date. If the full payment is not received within 7 days, The Company reserves the right to charge a late payment interest rate of 8% of the full amount on a weekly basis until the full payment is received.
Invoices are based on the final numbers confirmed no later than 7 days prior to the event. Should the numbers decrease within 7 days; the original quoted price will still be charged. Should the numbers increase during this time, The Company reserves the right to charge a re-booking fee. This fee will be calculated on a 25% charge on all costs relating to the increase, i.e. staff, food, drinks and equipment. This is to take into account any additional ordering, kitchen preparation time and any penalties levied by our sub-contractors

13 Confidentiality

You, the Client acknowledge that all technical, commercial and financial data disclosed to Client by luxuriousz.com and/or its affiliates is the confidential information of luxuriousz.com and/or its affiliates. Client shall not disclose any such confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transaction contemplated herein.

14 FORCE MAJEURE

Luxuriousz.com shall not be liable for any failure or delay in performance if:

14.1 Such failure or delay results from interruptions due to failure of performance due to strike; or

14.2 Such failure or delay results from interruptions due to failure of performance due to Lock-out; or

14.3 Such failure or delay results from interruptions due to failure of performance due to hostilities; or 

14.4 Such failure or delay results from interruptions due to or any other circumstances outside the control of The Company also know as acts of God; or
14.5 Such failure or delay is caused by Force Majeure as defined below or by law.
In case of such a failure as set forth above, the performance of the relevant part(s) of the Agreement will be suspended for the period such failure continues, without Luxuriousz.com being responsible or liable to You, the Client for any damage resulting there from.
The expression "Force Majeure" shall mean and include any circumstances or occurrences beyond Luxuriousz.com reasonable control - whether or not foreseeable at the time of the Agreement - as a result of which Luxuriousz.com cannot reasonably be required to execute its obligations including force majeure and/or default by one of Luxuriousz.com suppliers. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by Luxuriousz.com to extend for a period of three (3) consecutive months), Luxuriousz.com shall be entitled to cancel all or any part of the Agreement without any liability towards You, the Client.

15 MISCELLANEOUS

In the event that any provision(s) of these Terms and Conditions shall be held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such holding or action shall not negate the validity or enforceability of any other provisions thereof. In the event that any provision of these Terms and Conditions shall finally be determined to be unlawful or unenforceable, such provision shall be deemed severed from these Terms and Conditions, but every other provision shall remain in full force and effect, and in substitution for any such provision held unlawful or unenforceable, there shall be substituted a provision of similar import reflecting the original intent of the clause to the extent permissible under applicable law.

The failure on the part of either party to exercise, or any delay in exercising, any right or remedy arising from the Agreement shall not operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising there from preclude any other or future exercise thereof or the exercise of any other right or remedy arising from the Agreement or from any related document or by law.