Terms and Conditions Print

This page (together with the documents referred to on it) tells you the terms and conditions on which Luxorexia supplies any of the products (Products) listed on the website www.helgakarlson.com (the site) to you. Please read these terms and conditions carefully before ordering any Products from the site. These terms and conditions will apply to all transactions between you and Luxorexia whether initiated by telephone, email or in any other way. You should understand that by ordering any of the Products, you agree to be bound by these terms and conditions and by the Privacy Policy. Luxorexia value a customer’s privacy and the Privacy Policy sets out Luxorexia’s commitment to that principle.

You should print a copy of these terms and conditions for future reference.

1. Information about us
www.helgakarlson.com is a site operated by Luxorexia Limited (“Luxorexia”). Luxorexia is registered in England and Wales under company number 05726076 and the registered office is at White Lodge Llay Road Rossett Wrexham LL12 0HT UK. The main trading address is also at White Lodge Llay Road Rossett Wrexham LL12 0HT UK. The VAT number is 928 7389 68.

2. Cites Licences and Service Availability
Luxorexia is committed to the highest standards of ethical and sustainable production and distribution of Products and may decline to fulfil any order where, in Luxorexia’s sole discretion, it appears to Luxorexia that such order presents any risk to such standards. In particular, the Products are made from premium exotic skins and the provisions of the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES) may apply to them.

It should be noted that when you order Products controlled under Cites which are destined to be sent by Luxorexia to a country within the E.E.C., no further controls are required under such legislation. Therefore, no Cites export or import licences are required.

However, when you order Products controlled under Cites which are destined to be sent by Luxorexia to a country outside the E.E.C., there may be further controls under Cites, or comparable applicable controls. In addition to any export/re-export licence under Cites which Luxorexia may be required to provide, import documentation may also be required to be provided by you. This may take the form of an import licence under Cites or comparable applicable documentation. Luxorexia will not be responsible for obtaining such import licence or documentation. You may obtain it from the appropriate Management Authority serving the country of destination of the Products. You should always check with the appropriate Management Authority before requesting Luxorexia to send Products controlled under Cites to a country outside the E.E.C. Luxorexia will not accept liability for any breach by you of any applicable laws and/or regulations of the country for which the Products are destined.

Where Products controlled under Cites are destined to be sent by Luxorexia to the United States of America, Luxorexia will provide an appropriate re-export/export licence under Cites. No Cites import licence is required.

3. Your status
By placing an order through the site, you warrant and agree that:

  • 3.1.  You are legally capable of entering into binding contracts; and
  • 3.2.  You are at least 18 years old;
  • 3.3.  You authorise us to make appropriate credit reference checks against you; and
  • 3.4.  The details of the delivery address specified in your order are correct.


4. How the contract is formed between you and Luxorexia

  • 4.1.  If you contact Luxorexia by telephone or email to place an order the following procedure will be followed.
  • 4.2.  Please note that placing an order with Luxorexia, and any acknowledgement of that order made by Luxorexia either orally on the telephone or by subsequent email does not mean that your order has been accepted. Your order constitutes an offer to Luxorexia to buy a Product. All orders are subject to acceptance by Luxorexia, and Luxorexia will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation) and the price and other details applicable. Except as set out in clause 4.5 below, the contract between you and Luxorexia (Contract) will only be formed when Luxorexia send you the Dispatch Confirmation.
  • 4.3.  The Contract will relate only to those Products whose dispatch Luxorexia have confirmed in the Dispatch Confirmation. Luxorexia will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  • 4.4.  Where Products are not in stock at the time you place your order, we will advise you of this fact and offer you the opportunity of making an Advance Payment to ensure that you receive priority once the stock has been delivered to Luxorexia. Your rights regarding advance purchases are the same as those for any other purchase at Luxorexia. Items received into stock will be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority as stock is received. Please be aware that we may be unable to deliver selected Advance Payment Products due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit card within thirty days of being advised that merchandise has become unavailable.
  • 4.5.  If you make an Advance Payment in accordance with clause 4.4 above or pay a deposit for a bespoke item in accordance with clause 9.7 below then Luxorexia will send you a Provisional Acceptance Confirmation. On receipt of the Provisional Acceptance Confirmation the contract will be formed between you and Luxorexia, but Luxorexia will have the right to cancel your order and refund any payment made by you in the circumstances set out in these terms.


5. Luxorexia’s status

  • 5.1.  Luxorexia may also provide links on the site to the websites of other companies, whether affiliated with Luxorexia or not. Luxorexia cannot give any undertaking, that products you purchase from third party sellers through the site, or from companies to whose website Luxorexia have provided a link on the site, will be of satisfactory quality, and any such warranties are DISCLAIMED by Luxorexia absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. Luxorexia will notify you when a third party is involved in a transaction, and may disclose your customer information related to that transaction to the third party seller.


6. Consumer rights

  • 6.1.  If you are contracting as a consumer for non-bespoke Products, you may cancel a Contract for non-commissioned Products at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Luxorexia’s refunds policy (set out in clause 10 below). The above right to cancel applies only where the contract between us provides for delivery of Products to an address within the EU and where the Products will be returned from within the EU.
  • 6.2.  If the Product has been commissioned on a bespoke basis, the refund policy set out in 10.1.a. below will not apply. However, the refund policy set out in clause 10.1.b. will apply.
  • 6.3.  To cancel a Contract where you are entitled to do so, you must inform Luxorexia in writing by letter to Luxorexia’s registered office address. You must also return the Product(s) to Luxorexia at its registered office address within 14 (fourteen) days from receipt, in the same condition in which you received them (new and unused with all tags attached), including the original packaging, boxes and dustbags where provided, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. Please note that the Products are high value delicate products requiring a certain level of care. If you fail to comply with this obligation, Luxorexia may have a right of action against you for compensation and/or the right to refuse to refund all or part of the price paid. Any Product(s) which are damaged and/or soiled will not be accepted.
  • 6.4.  You will not have any right to cancel a Contract for the supply of any Product(s) commissioned on a bespoke basis.


7. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

8. Risk and title

  • 8.1.  The Products will be at your risk from the time of delivery and it is your responsibility to insure the Products from delivery.
  • 8.2.  Ownership of the Products will only pass to you when Luxorexia receives full payment of all sums due in respect of the Products, including delivery charges.


9. Price and payment

  • 9.1.  The price of any Products will be as quoted on the site from time to time, and will be confirmed to you by email or over the telephone when you place an order for Products. Prices are quoted in sterling and if payment is made in any currency other than sterling the exchange rate will be that applicable on the day the transfer is processed.
  • 9.2.  These prices do not include VAT (where applicable) or delivery costs, which will be added to the total amount due, as necessary.
  • 9.3.  Prices are liable to change at any time, but changes will not affect orders in respect of which Luxorexia have already sent you a Dispatch Confirmation.
  • 9.4.  The site contains a large number of Products and it is always possible that, despite Luxorexia’s best efforts, some of the Products listed on the site may be incorrectly priced. Luxorexia will normally verify prices as part of the dispatch procedures so that, where a Product's correct price is less than the stated price, Luxorexia will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on the site, Luxorexia will normally, at its discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
  • 9.5.  Luxorexia is under no obligation to provide the Product to you at the incorrect (lower) price, even after Luxorexia has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
  • 9.6.  Payment for all Products must be by PayPal. Save for deposits charged under clause 9.7 below Luxorexia will not charge your PayPal account until your order is dispatched.
  • 9.7.  A deposit of 50% of the price (including VAT, if applicable, but excluding delivery costs) is payable at the time of order on Products commissioned on a bespoke basis and whenever an Advance Payment is made pursuant to clause 4.4 above. The balance plus delivery costs are payable within seven (7) days of notification to you that the goods are in stock and ready for shipping. Luxorexia reserves the right at its own discretion to cancel the order and retain the deposit in the event that the balance and delivery costs are not received.


10. Our refunds policy

  • 10.1.  When you return a Product to Luxorexia:
    • a.  because you have cancelled the Contract between Luxorexia within the seven-day cooling-off period (see clause 6.1 above), Luxorexia will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, Luxorexia will refund the price of the Product in full, including the cost of sending the item to you – the refund will be in respect of the price of the Product as listed on the Dispatch Confirmation; any variations in the exchange rate will not affect the price/refund. However, you will be responsible for the cost of returning the item to Luxorexia or to Luxorexia’s authorised agent. You should be aware that the right to cancel applies only within the EU.
    • b.  for any other reason (for instance, because have notified Luxorexia in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of the policies, or because you claim that the Product is defective), Luxorexia will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. Luxorexia will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day Luxorexia confirmed to you via e-mail that you were entitled to a refund for the defective Product. If you are returning a Product from outside the EU you will need to comply with any CITES requirements to return it to us.
    • c.   The refund will be in respect of the price of the Product as listed on the Dispatch Confirmation; any variations in the exchange rate will not affect the price/refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges and any import duties and taxes for sending the item to you and the cost incurred by you in returning the item to Luxorexia.
    • d.  Please note Luxorexia cannot offer refunds and/or exchanges for any colour and/or texture related issues - due to natural variances in the materials used, the colours and/or textures of Products may not be exactly as pictured/described.
  • 10.2.  Luxorexia will usually refund any money received from you using the same method originally used by you to pay for your purchase.


11. Liability

  • 11.1.  Luxorexia warrant to you that any Product purchased from Luxorexia through the site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  • 11.2.  Luxorexia’s liability for losses you suffer as a result of Luxorexia breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of Luxorexia breaking the agreement. Losses are foreseeable where they could be contemplated by you and Luxorexia at the time your order is accepted by Luxorexia.
  • 11.3.  This does not include or limit in any way Luxorexia’s liability:
    • a.  For death or personal injury caused by Luxorexia ‘s negligence;
    • b.  Under section 2(3) of the Consumer Protection Act 1987;
    • c.  For fraud or fraudulent misrepresentation; or
    • d.  For any matter for which it would be illegal for Luxorexia to exclude, or attempt to exclude, liability.
  • 11.4.  Luxorexia are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and Luxorexia], including but not limited to:
    • a.  loss of income or revenue
    • b.  loss of business
    • c.  loss of profits or contracts
    • d.  loss of anticipated savings
    • e.  loss of data, or
    • f.  waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable;
      provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.


12. Import duty

  • 12.1.  If you order Products from the site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes at that time. Please note that Luxorexia has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
  • 12.2.  Please also note that there are detailed and complex rules surrounding the import and export of exotic skins subject to CITES. You must comply with all applicable laws and regulations of the country for which the products are destined. Luxorexia will not be liable for any breach by you of any such laws.
  • 12.3.  If you return a Product from outside the EU, you will be responsible for complying with the laws and regulations of export and import, including CITES where applicable. You will also be responsible for payment of any import duties and taxes, with the exception of the circumstances described in clause 10.1.b above.


13. Written communications
Applicable laws require that some of the information or communications Luxorexia send to you should be in writing. When using the site, you accept that communication with Luxorexia will be mainly electronic. Luxorexia will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Luxorexia provide to you electronically comply with any legal requirement that such communications be in writing and in the English language. This condition does not affect your statutory rights.

14. Notices
All notices given by you to Luxorexia must be given to Luxorexia Limited at the registered office given above. Luxorexia may give notice to you at its option using either the e-mail or postal address you provide when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. Transfer of rights and obligations

  • 15.1.  The contract between you and Luxorexia is binding on you and Luxorexia and on respective successors and assigns.
  • 15.2.  You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Luxorexia’s prior written consent.
  • 15.3.  Luxorexia may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any rights or obligations arising under it, at any time during the term of the Contract.


16. Events outside Luxorexia‘s control

  • 16.1.  Luxorexia will not be liable or responsible for any failure to perform, or delay in performance of, any of Luxorexia’s obligations under a Contract that is caused by events outside Luxorexia’s reasonable control (Force Majeure Event).
  • 16.2.  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Luxorexia’s reasonable control and includes in particular (without limitation) the following:
    • a.  Strikes, lock-outs or other industrial action.
    • b.  Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
    • c.  Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    • d.  Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • e.  Impossibility of the use of public or private telecommunications networks.
    • f.  The acts, decrees, legislation, regulations or restrictions of any government.
  • 16.3.  Luxorexia’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Luxorexia will have an extension of time for performance for the duration of that period. Luxorexia will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.


17. Waiver

  • 17.1.  If Luxorexia fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if Luxorexia fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 17.2.  A waiver by Luxorexia of any default shall not constitute a waiver of any subsequent default.
  • 17.3.  No waiver by Luxorexia of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.


18. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement
Luxorexia intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While Luxorexia accept responsibility for statements and representations made by Luxorexia’s duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

20. Our right to vary these terms and conditions

  • 20.1.  Luxorexia has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the business, changes in technology, changes in payment methods or methods of order placement, changes in relevant laws and regulatory requirements and changes in the system's capabilities.
  • 20.2.  You will be subject to the policies and terms and conditions in force at the time that you order products from Luxorexia, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Luxorexia notify you of the change to those policies or these terms and conditions before Luxorexia send you the Dispatch Confirmation (in which case Luxorexia has the right to assume that you have accepted the change to the terms and conditions, unless you notify Luxorexia to the contrary within seven working days of receipt by you of the Products).


21. Intellectual Property
Luxorexia is a registered trade mark (number 2450434). All graphics, logos, page headers, button icons, scripts and service names are trade marks or trade dress. Any trade marks not owned by Luxorexia that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luxorexia. Nothing on the Site grants you any licence or right to use, alter or remove such material. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is Luxorexia’s sole property, or the property of its licensors, or its product suppliers, and is protected by the laws relating to copyright, trade marks, database right and other intellectual property rights.

22. Law and jurisdiction
Contracts for the purchase of Products through the site will be governed by English law and the language of the courts shall be in English. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.