Terms & Conditions

By submitting goods or engaging Lux Fulfilment, the Client confirms acceptance of these Terms.

1. Definitions

1.1 “Agreement” means the contract incorporating these Terms together with any pricing schedule, service specification, proposal, or written agreement.

1.2 “Goods” means all items stored, handled, or processed by Lux Fulfilment on behalf of the Client.

1.3 “Services” means fulfilment, warehousing, logistics, technology, software, and related services provided by Lux Fulfilment.

1.4 “WMS” means Lux Fulfilment’s warehouse management system and associated technology platforms.

1.5 “Facility” means any warehouse or premises operated or used by Lux Fulfilment or its subcontractors.

1.6 “Charges” means all fees payable by the Client.

2. Services

2.1 Lux Fulfilment shall provide Services with reasonable skill and care consistent with industry standards.

2.2 Lux Fulfilment reserves the right to subcontract any Services.

2.3 Lux Fulfilment may modify operational processes where reasonably necessary.

2.4 Lux Fulfilment does not guarantee throughput volumes, dispatch speeds, or performance unless expressly agreed in writing.

3. Client Warranties and Obligations

3.1 The Client warrants that:

It has full legal ownership or authority over the Goods.
Goods comply with all applicable laws in the UK, EU, USA, and any destination country.
Goods are safe, properly packaged, and suitable for storage and transport.
Goods are accurately declared and labelled.
No Goods are hazardous unless declared and accepted in writing.

3.2 The Client shall indemnify Lux Fulfilment against all losses arising from breach of this clause.

4. Prohibited Goods

4.1 Unless expressly agreed, Lux Fulfilment shall not accept:

Dangerous or hazardous materials
Perishable or temperature-sensitive goods
Illegal or counterfeit goods
Weapons or controlled substances
Goods requiring specialist licences

4.2 Lux Fulfilment may refuse, quarantine, remove, or dispose of prohibited goods at the Client’s cost.

5. Charges and Payment

5.1 The Client shall pay all Charges in accordance with the Pricing Schedule.

5.2 The company’s charges are subject to VAT.

5.3 Lux Fulfilment may vary pricing upon not less than 30 days written notice.

5.4 Late payments may incur interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

5.5 Lux Fulfilment may suspend Services for overdue accounts without liability.

6. Lien and Security Interest

6.1 Lux Fulfilment shall have a general lien over all Goods in its possession for all unpaid Charges.

6.2 Lux Fulfilment may:

Retain possession of Goods
Sell Goods after giving reasonable notice
Apply proceeds toward outstanding debts

6.3 The Client shall remain liable for any shortfall after sale.

7. Storage and Handling

7.1 Lux Fulfilment shall take reasonable care but does not guarantee against:

Natural deterioration
Inherent defects
Insufficient packaging
Manufacturer faults

7.2 Goods are stored at the Client’s risk unless loss arises solely from Lux Fulfilment negligence.

8. Couriers and Third Parties

8.1 Lux Fulfilment acts as agent when arranging transportation unless agreed otherwise.

8.2 Lux Fulfilment shall not be liable for acts or omissions of couriers or third parties.

8.3 Courier delivery times are estimates only.

9. WMS and Technology

9.1 WMS access is provided on a licence basis only.

9.2 Lux Fulfilment does not guarantee uninterrupted or error-free operation.

9.3 Lux Fulfilment shall not be liable for:

System outages
Data delays
Integration failures
Third-party software errors

9.4 The Client must maintain secure login credentials.

10. Insurance

10.1 Lux Fulfilment maintains insurance covering its legal liability only.

10.2 The Client is responsible for insuring:

Goods value
Transit risks
Product liability

10.3 Goods are stored at the Client’s risk unless otherwise agreed.

11. Liability Limitation

11.1 Nothing in this Agreement excludes liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability which cannot legally be excluded

11.2 Lux Fulfilment shall not be liable for:

Loss of profits
Loss of revenue
Loss of business opportunity
Loss of goodwill or reputation
Indirect or consequential losses

11.3 Lux Fulfilment shall not be liable for loss caused by:

Courier or third-party actions
Client packaging defects
Product defects
Regulatory actions
Force majeure events

11.4 Claims must be submitted within 7 days or shall be deemed waived.

12. Client Indemnity

12.1 The Client shall indemnify Lux Fulfilment against all claims, losses, damages, liabilities, costs, and expenses arising from:

Breach of Client obligations
Defective or unsafe Goods
Regulatory violations
Intellectual property infringement
Product liability claims

13. USA and EU Fulfilment Clause

13.1 Where Services involve fulfilment, storage, or distribution within the United States or European Union:

13.2 Lux Fulfilment may utilise third-party partners, subcontractors, or affiliated facilities.

13.3 Lux Fulfilment shall not be responsible for:

Customs delays
Import duties or taxes
Regulatory compliance failures by the Client
Actions of overseas partners

13.4 The Client shall be solely responsible for:

Import compliance
Product certifications
Labelling requirements
Duties and taxes

13.5 The Client shall indemnify Lux Fulfilment against any cross-border compliance claims.

13.6 Unless otherwise agreed, Lux Fulfilment contracts remain governed by English law regardless of fulfilment location.

14. Returns

14.1 Returns processing shall follow agreed workflows.

14.2 Lux Fulfilment shall not be responsible for condition disputes beyond reasonable inspection.

15. Force Majeure

15.1 Lux Fulfilment shall not be liable for failure caused by events beyond reasonable control including:

Natural disasters
War or terrorism
Government action
Labour disputes
Power or IT failures
Pandemic

16. Termination

16.1 Either party may terminate with 30 days written notice.

16.2 Lux Fulfilment may terminate immediately for:

Non-payment
Insolvency
Material breach

16.3 Upon termination:

All invoices become due immediately
Goods must be collected within 7 days
Storage charges continue

17. Abandoned Goods

17.1 Goods uncollected after 7 days may be sold or disposed of.

17.2 The Client remains liable for costs exceeding sale proceeds.

18. Confidentiality

18.1 Both parties shall keep confidential all commercial information.

19. Data Protection

19.1 Both parties shall comply with UK GDPR and applicable data laws.

20. Intellectual Property

20.1 Lux Fulfilment retains ownership of all systems, software, and processes.

21. Variation

21.1 Lux Fulfilment may amend these Terms with reasonable notice.

22. Governing Law and Jurisdiction

22.1 This Agreement shall be governed by the laws of England and Wales.

22.2 The courts of England and Wales shall have exclusive jurisdiction.

22.3 This applies regardless of fulfilment location.

23. Acceptance

23.1 By submitting goods or engaging Lux Fulfilment, the Client confirms acceptance of these Terms.