Effective Date: June 2025
Website: www.luxebrandboutique.co.uk
INTRODUCTION
www.luxebrandboutique.co.uk is a trade-only wholesale
website owned and operated by Wild & Funk Limited. This website is intended
strictly for use by legitimate resellers. To place an order, you must
demonstrate that you are an established retailer with a physical store or a
professionally operated e-commerce platform.
By using this website and placing an order, you confirm your
acceptance of these Terms & Conditions. We reserve the right to reject any
customer or order at our sole discretion, including if we believe your location
or business model may negatively affect the trading interests of an existing
customer.
1. OUR CONTRACT WITH YOU
1.1 These Terms and Conditions ("Terms") govern
all sales of products ("Products") by Wild & Funk Limited
("we", "us", "our") to you, a business customer
("you", "your") through www.luxebrandboutique.com or www.luxebrandboutique.com ("Site").
1.2 Products are supplied strictly for commercial use or
resale. You must confirm you are acting in a business capacity and not as a
consumer.
1.3 We may request proof of your business and sales methods.
This may include your shop address, a photograph of your storefront, or your
e-commerce website URL.
1.4 You confirm that you have authority to bind the business
or company you represent.
1.5 These Terms override any previous terms. We may revise
them from time to time. The version in effect at the time of order will apply.
1.6 Any changes to these Terms must be agreed upon in
writing.
1.7 You confirm that you are entering into this contract in
the course of your business, and that consumer protection legislation does not
apply.
2. ORDERING
2.1 Orders are submitted via www.luxebrandboutique.com or http://www.luxebrandboutique.co.uk
and must include your full invoice and delivery addresses. Submitting an order
generates an automated confirmation email — this does not constitute
acceptance.
2.2 Products are sold in case pack multiples. Minimum
opening order value is £500 (exc VAT) for UK orders or €750 for European orders.
Re-orders require a minimum value of
£150 / €170 (excl. VAT). We reserve the right to revise these thresholds.
2.3 We will accept your order by sending a formal sales
order confirmation email, which will include:
Order number
Applicable terms
Shipping charges
Total amount payable
2.4 If any Product is unavailable, we will notify you and
offer an alternative or refund. If you have credit terms, we may offer to
back-order or cancel the unavailable item(s).
2.5 You are responsible for verifying all details in the
sales order confirmation. Please notify us within 24 hours of any errors. We
are not liable for issues arising from incorrect or incomplete information
provided by you.
2.6 Credit terms, where granted, are subject to clause 10.
2.7 Estimated delivery time is up to 3 weeks. We are not
liable for delays caused by third parties or circumstances beyond our control.
2.8 For international orders, we can switch to Ex-Works
incoterms upon request. You may then arrange your own shipping. No admin fees
will be applied for such orders.
2.9 You must tick the checkbox at checkout confirming
acceptance of these Terms and our delivery/returns policies. You cannot place
an order without this agreement.
2.10 If these Terms conflict with any term in the Order, the
Order shall prevail.
2.11 Changes to your Order (excluding custom-made items) may
be requested before dispatch. We reserve the right to decline any change if the
Products have already been processed.
2.12 We reserve the right to reject any order at our sole
discretion.
3. PRODUCTS
3.1 All Products and brand listings on our Site are intended
for promotional and ordering purposes only. Product images are for illustrative
reference. While we make every effort to display colours and prints accurately,
we cannot guarantee that your device's screen displays them exactly. Therefore,
the Products you receive may differ slightly from the images shown online.
3.2 We reserve the right to update product specifications,
case sizes, packaging, or availability at any time without notice, provided
such changes do not materially affect your confirmed order.
4. DELIVERY
4.1 We will deliver the Products to the delivery address
provided with your Order. It is your responsibility to ensure the accuracy of
all delivery information. We accept no liability for failed or misdirected
deliveries resulting from incorrect or incomplete address details supplied by
you.
4.2 Each delivery will include a delivery note outlining the
Order date, Order number(s), product types and quantities, and any relevant
storage instructions. For split deliveries, the note will also show the
remaining balance of Products still to be shipped.
4.3 Delivery timelines and charges may vary based on product
availability, your location, and order size. These will be confirmed in your
sales order confirmation.
4.4 Once your order is shipped, you can track it via your
online account using the provided tracking number. All orders are shipped using
a traceable carrier.
4.5 UK deliveries are typically made via FedEx or UPS and
usually arrive the next working day after dispatch. International orders may
ship via FedEx, UPS or road freight (for palletised shipments), depending on
size and destination. Delivery times vary by destination and may be impacted by
customs procedures. We are not liable for delays resulting from customs
clearance, incorrect shipping details, or other exceptions beyond our control.
4.6 For international deliveries, the courier may contact
you directly on the number provided at checkout if additional information is
required. A signature is typically required upon delivery.
4.7 Deliveries are made on working days only (Monday to
Friday, excluding public holidays).
4.8 If no one is available to receive the delivery, the
courier will leave a notification and attempt redelivery, or request that you
contact them to reschedule.
4.9 Delivery dates are estimates only and may be subject to
delays due to Events Outside Our Control (see clause 12). We will notify you if
a delay occurs and provide an updated estimated delivery date.
4.10 Delivery is considered complete when the Products are
first presented for delivery at the address provided in your Order, regardless
of whether they are accepted at that time.
4.11 Where an Order is fulfilled in instalments due to stock
availability or operational needs, you will not be charged additional shipping
fees for those separate deliveries.
4.12 Risk and title pass to you at the point of first
attempted delivery. This means you are responsible for the Products from that
moment onward, whether or not someone is available to receive the delivery.
4.13 For all international deliveries, you are solely
responsible for any import duties, taxes, fees, or additional charges imposed
by customs authorities in the destination country.
5. DAMAGES AND FAULTY GOODS
5.1 You must inspect all Products upon delivery. You have 72
hours from receipt of the Products to notify us in writing of any damages,
defects, shortages, or errors. Claims received after this period may not be
accepted.
5.2 If you do not notify us within the 72-hour window, we
are under no obligation to accept the return of the affected Products. Any
acceptance of returns outside this window will be at our sole discretion and
subject to specific terms, which we will confirm in writing.
5.3 Returns will not be accepted for orders you decline or
refuse at the point of delivery unless agreed by us in writing in advance. You
are responsible for the cost of returning any such unauthorised refusal. In
such cases, a £100 restocking fee will be applied in addition to the value of
the original invoice.
6. RISK AND TITLE
6.1 Risk and responsibility for the Products passes to you
at the point the Products are first presented for delivery, whether or not they
are successfully received by you or your nominated contact.
6.2 Title (ownership) of the Products does not pass to you
until we have received full payment (cleared funds) for:
6.2.1 All Products delivered; and
6.2.2 Any associated delivery or other applicable charges.
6.3 Until title passes to you, you agree to:
6.3.1 Hold the Products as our fiduciary bailee;
6.3.2 Store the Products separately from other goods,
clearly identifiable as our property;
6.3.3 Not remove, deface, or obscure any identifying marks,
branding, or packaging;
6.3.4 Maintain the Products in satisfactory condition,
insured against all risks for their full invoice value from the point of
delivery;
6.3.5 Notify us immediately if you become subject to any of
the events listed in clause 7.2 (e.g. insolvency, administration);
6.3.6 Provide any information we reasonably request
regarding the Products.
You may resell or use the Products in the ordinary course of
business before title passes.
6.4 If any of the events in clause 7.2 occurs — or if we
reasonably believe such an event is imminent — and provided the Products have
not been resold, we may demand the return of any Products to which we retain
title. If you do not comply, we reserve the right to enter your premises (or
any third-party premises where the Products are stored) to repossess the goods.
7. INSOLVENCY AND INCAPACITY
7.1 If you become subject to any of the events listed in
clause 7.2 — or if we reasonably believe you are about to become subject to any
such event and notify you accordingly — we may, without limiting any other
rights or remedies, suspend or cancel any pending deliveries or contracts
without liability. All outstanding amounts owed to us for Products already
delivered will become immediately due and payable.
7.2 For the purposes of clause 7.1, the relevant events
include (but are not limited to):
7.2.1 You suspend or threaten to suspend payment of your
debts, admit inability to pay, or are deemed unable to pay your debts under
section 123 or section 268 of the Insolvency Act 1986.
7.2.2 You initiate negotiations with creditors to reschedule
debts, or enter into any compromise or arrangement with them.
7.2.3 A winding-up petition, resolution, or court order is
made (unless for a solvent restructure or merger).
7.2.4 You are the subject of a bankruptcy petition or order.
7.2.5 Any creditor seizes or enforces a judgment on your
assets and the action is not discharged within 14 days.
7.2.6 An administrator is appointed or a notice of intention
to appoint an administrator is filed.
7.2.7 A floating charge holder or third party appoints or
becomes entitled to appoint an administrative receiver.
7.2.8 Any similar process or proceeding takes place in
another jurisdiction.
7.2.9 You cease or threaten to cease to carry on business.
7.2.10 Your financial position deteriorates to the extent
that we reasonably believe your ability to fulfil your obligations is at risk.
7.2.11 (If an individual) You die, or become mentally or
physically incapable of managing your affairs.
7.3 Termination of these Terms, for any reason, shall not
affect accrued rights and obligations. Any clauses which expressly or by
implication survive termination shall remain in full force.
8. RETURNS
8.1 Returns are only accepted for goods that are faulty,
damaged, or incorrectly supplied. All return requests must be pre-authorised by
us.
8.2 We will not accept or refund unauthorised returns, and
we will not reimburse return shipping costs for such cases.
8.3 If a return has been pre-authorised:
We will arrange collection of the affected goods.
Products must be securely packed to prevent damage in
transit.
Returned Products must be in saleable, unused, and undamaged
condition, and returned within 30 calendar days of your original delivery.
9. PRICING AND PAYMENT
9.1 Product prices listed on the Site are subject to change.
However, pricing will not change once we have confirmed your Order. All prices
are quoted exclusive of VAT and any applicable international duties or taxes.
9.2 Delivery charges are not included in the Product prices
and will be itemised at checkout and confirmed in your sales order
confirmation.
9.3 If a pricing error is discovered:
If the correct price is lower, we will charge the lower
price. If the correct price is higher and the error is obvious and should
reasonably have been recognised, we are not obliged to supply at the incorrect
price. We will contact you for confirmation before proceeding. If we cannot
reach you, your Order will be cancelled and refunded in full.
9.4 Payment can be made via:
9.4.1 Major debit or credit cards
9.4.2 PayPal
9.4.3 Bank transfer (details available on request)
9.5 You are responsible for any payment processing or
international banking fees. Refunds will not include these charges.
9.6 Where we have agreed credit terms (see clause 2.6),
payment is due in accordance with the invoice or written agreement. Clause 10
will apply to all credit-related matters.
9.7 If payment is not received by the due date, we may
charge interest at 4% per annum above Lloyds Bank base rate, calculated daily
until full payment is received (including after judgment).
9.8 All payments must be made in full and without set-off or
deduction. You may not withhold any payment on the basis of a dispute,
counterclaim, or credit note unless required by law. We reserve the right to
set off any amounts we owe to you against amounts you owe to us.
10. YOUR RIGHT TO CANCEL AND REFUNDS
10.1 You may cancel your Order (or any part of it) at any
time prior to dispatch. Any amounts already paid by you in respect of the
cancelled Products will be refunded in full.
10.2 To cancel an Order, please email us at
accounts@luxebrandboutique.com. We recommend keeping a copy of your
cancellation email for your records. We will confirm receipt of your
cancellation request within 24 hours where possible, but please allow up to 48
hours during weekdays, or 72 hours if submitted over a weekend or public
holiday.
10.3 If your cancellation request is approved before
dispatch, you will receive a full refund of the purchase price and any
applicable delivery charges. Refunds will be processed as soon as reasonably
practicable and no later than 30 calendar days from the date you gave notice.
For faulty or misdescribed goods, see clause 10.4.
10.4 If you return Products due to them being faulty or not
as described, we will either offer a replacement or a full refund, including
any delivery charges associated with the faulty item(s).
10.5 Refunds will be issued via the original payment method
used for the transaction.
11. OUR RIGHT TO CANCEL AND REFUND
11.1 We reserve the right to cancel any Order (or part of
it) at any time prior to delivery. In such cases, you will not be charged, and
any payment received will be refunded in full.
12. OUR LIABILITY
12.1 Our contractual relationship is strictly with you as
the wholesale buyer. We are not liable in any way to any third party (including
your customers) who purchases Products from you, whether for resale, internal
use, or personal use.
12.2 To the fullest extent permitted by law, we exclude all
warranties and representations not expressly set out in these Terms. This
includes (but is not limited to) implied warranties of merchantability, fitness
for purpose, title, or non-infringement, and any terms implied by sections
13–15 of the Sale of Goods Act 1979.
12.3 Subject to clause 12.4, we shall not be liable for any
indirect, incidental, special, or consequential damages, including loss of
profit, revenue, or business opportunity, whether in contract, tort (including
negligence), or otherwise. Our total liability in respect of any Order shall
not exceed the amount paid by you for the relevant Products.
12.4 Nothing in these Terms excludes or limits our liability
for:
12.4.1 Death or personal injury caused by our negligence;
12.4.2 Fraud or fraudulent misrepresentation;
12.4.3 Breach of section 12 of the Sale of Goods Act 1979
(title and quiet possession);
12.4.4 Defective products under the Consumer Protection Act
1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We are not liable for any delay or failure to perform
our obligations under these Terms if caused by an Event Outside Our Control.
13.2 An “Event Outside Our Control” includes (but is not
limited to): strikes or industrial action, civil unrest, war, terrorism or
threat of terrorism, natural disasters, pandemics, extreme weather,
governmental restrictions, or failure of public or private transport or
telecommunications systems.
13.3 If an Event Outside Our Control occurs:
13.3.1 We will notify you as soon as reasonably possible;
13.3.2 Our obligations will be suspended for the duration of
the event, and we will arrange revised delivery or performance dates after the
event has concluded.
14. YOUR OBLIGATIONS TO US
14.1 From time to time, we may issue wholesale pricing
tables that specify:
14.1.1 A Minimum Recommended Price (MRP) below which you may
not sell our Products without prior written permission. This price typically
reflects our direct-to-consumer retail price (plus applicable duties or
shipping).
14.2 You may sell Products above the MRP, but you must not
sell below the MRP without our express written consent, to protect brand
integrity and market value.
14.3 When reselling our Products, you agree that:
14.3.1 You will not apply discounts or promotions without
our written approval;
14.3.2 You must obtain our express permission before listing
our Products on any third-party website or sales channel;
14.3.3 You are strictly prohibited from selling our Products
on third-party marketplaces, including (but not limited to) Amazon, eBay, Etsy,
and Gumtree. We reserve the right to refuse or cancel any order if we
reasonably believe this is occurring.
14.4 You must not market or present our Products as
"white-label" or your own brand. All Products must be clearly
identified by their correct brand name.
14.5 If you breach any part of clauses 14.1–14.4, we reserve
the right to issue a warning, suspend your account, or terminate our trading
relationship with immediate effect, at our sole discretion.
15. CONTACTING US
15.1 If you have questions or complaints, you can contact us
at info@luxebrandboutique.com.
15.2 Where these Terms require written notice, you may
contact us by email at the address above, or by post to:
Wild & Funk Limited
Unit 16F Spey House
Mandale Business Park
Durham City
DH1 1TH
United Kingdom
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All content on this Site — including text, images,
graphics, logos, videos, layouts, downloads, and product data — is either the
property of Wild & Funk Limited or the brands we officially represent, and
is protected by copyright, trademark, and other intellectual property laws.
17.2 You may not reproduce, modify, republish, translate,
distribute, publicly display, or commercially exploit any part of the Site or
its contents without our prior written consent or the express permission of the
relevant rights holder. All rights are reserved.
17.3 You must not use any illustrations, photographs,
product images, videos, or graphic elements separately from their accompanying
text, or in any way that misrepresents brand ownership or origin.
17.4 Our trademarks, brand names, and logos (whether
registered or unregistered), and those of the brands we distribute, must not be
used without express written permission.
17.5 If you print, copy, download, translate, or otherwise
use Site content in breach of these Terms, your right to use our Site will
cease immediately, and you must return or destroy any unauthorised copies at
our discretion.
18. OTHER IMPORTANT TERMS
18.1 We may transfer or assign our rights and obligations
under these Terms to another organisation. You may not assign or transfer your
rights without our prior written consent.
18.2 This contract is between you and Wild & Funk
Limited. No third party shall have any rights to enforce these Terms under the
Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.3 If any part of these Terms is found to be invalid,
illegal, or unenforceable, the remaining provisions shall remain in full force.
Where possible, the affected clause will be modified to the minimum extent
necessary to make it enforceable.
18.4 No failure or delay by us to enforce any provision of
these Terms shall be deemed a waiver of our rights, nor shall it prevent us
from enforcing those rights later.
18.5 Any variation of these Terms must be agreed in writing
and signed by both parties.
18.6 These Terms, and any contracts formed under them, are
governed by the laws of England and Wales.
18.7 You and we both agree that the courts of England and
Wales shall have exclusive jurisdiction over any dispute or claim arising from
these Terms or the sale of Products under them.