Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website.
In order to use our Services, you must be 21 years old or older. If you are under 21 years old, you will need permission from your parents or legal guardians.
By keep accessing the Website and ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
- Introduction
PT KONSEP HASIL INDONESIA (“KHI”) is a limited liability company incorporated and existing under the Indonesian Law, having its domicile in Jl Let Jend S. Parman Kav 28 16th Floor, T9 APL Tower, Podomoro, RT.12/RW.6, Jakarta 11470, the owner and operator of luxofood.com (“Luxofood”).
KHI as a Platform provider is engaged in the business of building, operating and managing an online retail and marketplace that provides services in listing of products on luxofood.com an Internet domain property registered under KHI’s name and web application.
THE PARTIES HEREBY AGREE AS FOLLOWS:
- Definitions
2.1 “Agreement” refers to this agreement (“Terms and conditions”), the Privacy Policy, any order form, and the payment instructions provided;
2.2 “Delivery” refers to any form of delivery service, which are provided by Participating Vendor or third party cooperating with Luxofood;
2.3 “Goods” means the consumer products which are on retail sale by the Vendor, including but not limited to groceries and daily needs for consumer use and / or consumption and which are made available through its Premises. Notwithstanding the above, Luxofood shall have sole and absolute discretion not to include any such identified Goods on the Platform;
2.4 “Cut-off” means the limit in time to purchase goods in order to be delivered the following day;
2.5 “Vendor” is a third party, which is cooperating with Luxofood to supply the Goods for the Services;
2.6 “Platform” means www.luxofood.com, an internet domain property registered under KHI’s name or web application providing access to the same;
2.7 “Privacy Policy” means the agreement as displayed on this site, governing how we collect and store data;
2.8 “Service” or “Services” refers to which we may provide and you may request from our Website;
2.9 “We”, “us”, “our”, “Luxofood”, “KHI”, all reference to the company;
2.10 “Website” refers to www.luxofood.com or any subdomain thereof on which we offer our Goods and Services;
2.11 “You”, “your”, “yours”, “Consumer”, refer to you, the person accessing this Website to order Goods and Services from the Website or any other way to order from Luxofood.
2.12 “Members” refers to the person who has purchased a membership access from the Website.
- Ordering
3.1 By ordering the Goods through Luxofood’s Website means that you order retail products from a Vendor which could be Luxofood; Luxofood is a Platform retailing a certain type of Goods and provides Services for the Consumer to order Goods sold by Luxofood. In the event of complaint from the Consumer, Luxofood through its customer service will communicate such complaint to the Vendor and find the best solution for the Consumer.
3.2 Any information which you provide to Luxofood solely for the purpose of the Services, Luxofood warrant that the information will not be transferred, given, or informed to other third parties, other than what has been specifically set out herein or in Privacy Policy.
3.3 When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.4 The Goods delivered are for your use and not for resale. You warrant that you are not acting as an agent for a third party. You warrant that you are legally capable to order any Goods provided through the Website. You agree to give valid identity prior making an order. Further you agree to present valid identification, if requested during delivery, to prove your identity.
3.5 Any purchase of certain Goods such as alcoholic drinks must fulfil minimum age required by Indonesian Law (21 years old for the purchase of alcoholic drinks). Delivery service may require you to present valid identification every time you purchase such Goods and when they are delivered to you. They are entitled to withdraw the Goods if you could not provide valid identification and/or you do not fulfil minimum age requirement. In such condition, we will return any payment you have made in accordance with Article 6 of this Terms and Conditions.
3.6 The selling of alcoholic drinks is conducted by vendors which owns the license to sell alcoholic drinks based on prevailing laws and regulations in Indonesia.
3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, however in the absence of fault on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website unless it is proven otherwise.
- Prices and Payment
4.1 You agree to provide us with the correct required information and warrant that the provided information is correct and complete during time of order. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment. Luxofood partners with PT Midtrans Veritas Indonesia (“Midtrans”) and PT Sinar Digital Terdepan (“Xendit”) to ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the Internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
4.2 Unavailable payment methods on Luxofood: Cash on Delivery and Manual Bank Transfer.
4.2.3 Store Credits is a payment and refund method to allow Luxofood customers to top up.
Payment: a customer can select “store credits payment” to pay fully or partially his/her order.
Topup: Minimum top up is set at IDR100,000, charge to top up may apply. Customers can, at anytime, withdraw their credits by contacting Luxofood on http://luxofood.com/contact-us/. Charge may apply to withdraw store credits.
Store credits may be used by Luxofood for promotion and reward to customers. Luxofood can credit customers’ account but Luxofood is not allowed to withdraw any amount from customers’ account without customers permission.
See refund policy point 7 for detail about the use of Store Credits in case of refunds.
4.3 All prices listed for Goods, Delivery or Services on the Website can change at any time without prior notice. The total price for Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order at the check-out process.
4.4 All registered prices are subject to tax unless Luxofood states otherwise.
- Delivery Policy
5.1 Delivery periods quoted at the time of ordering are approximate only and may vary.
5.2 There will be a limited amount of deliveries in each delivery period, meaning that we cannot guarantee that you receive the delivery period you desire. Such inaccessibility of delivery periods will be indicated by the Website and you may choose other accessible delivery periods.
5.3 Vendors, including Luxofood, might engage third party providers to do the delivery service of Goods. They will take great care to ensure that delivery is done in the timeframe selected in the Website. However, you may contact Luxofood if you have not received the Goods within the timeframe selected in the Website. Luxofood will facilitate the matter to find best solution on such circumstance.
5.4 Goods will be delivered to the address designated by you at the time of ordering.
5.5 In certain case of late delivery, Vendors, at their own discretion, may void the delivery charge to the Consumer.
5.6 All risk in the Goods shall pass to you upon delivery.
5.7 If you fail to accept delivery of the Goods delivered to you, during the time of delivery, or if we are unable to deliver at the nominated time due to your failure to provide sufficient and appropriate instructions, then such goods shall be deemed delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and any other cost or expense that we incur as a result of the inability to deliver due to your failure shall be your responsibility and you shall provide any necessary compensation from Luxofood or Vendors. However, such condition will not apply when you already contact Luxofood’s Vendors through e-mail, phone, or vendors’ customer services.
5.8 You must ensure that at the time of Delivery of Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.9 Vendors and/or Luxofood shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery unless it is proven that the late delivery was caused by the fault Vendors and/or Luxofood.
5.10 Please note that it may be impossible to deliver to some locations. In this case, we will give prior notification to you and cancel you order.
- Rejection & Cancellation
6.1 You understand that during your order, the Goods may not be available due to any reason from the Vendors. In such case, Luxofood will notify this unavailability to you through our customer service (via e-mail, sms or call) and return any payment that you have made within 5 working days after transaction depending on your method of payment.
6.2 Once the order is placed and the payment is conducted, for technical reasons, you cannot cancel an order.
- Refund policy
Vendors provide sufficient information, description of each product, yet in the unlikely event that you receive products that are not deemed acceptable by you, you have the right to reject said items, providing a reason why the product is not acceptable. We will review your claim and return the cost of the item to you within 5 working days after transaction depending on your method of payment.
Store Credits refunds: Luxofood, by default, will credit customers’ account for any approved refunds and customers can, at anytime, withdraw their credits by contacting Luxofood on http://luxofood.com/contact-us/. Charge may apply to withdraw store credits.
- Membership & Referral program
8.1 The membership is a virtual product sold by the Website. It grants its members to the access of exclusive products or a discount on all non-members products.
8.2 Membership duration is 12 months and it has to be renewed by the members. Luxofood does not renew it automatically.
8.3 Membership is not refundable.
8.4 Members can cancel their membership by writing a message here: http://luxofood.com/contact-us/
8.5 Luxofood may offer a referral program for customers who have an account to share a discount code to their friends and family. The coupon code offer a reward for the sender and the receiver. The receiver will get a one time discount and the sender can accumulate a discount per new customer he/she invites to Luxofood. However, Luxofood reserves the right to cancel and refund to customer’s wallet any suspicious transactions. A suspicious transaction is defined, but not limited to, by creating various accounts using different emails and use them to get referral codes or other promotions.
- Information
9.1 Where we have requested information from you to ensure Delivery, you agree to provide accurate and complete information.
9.2 You agree to authorize us to use, store or otherwise process your personal information in order to provide the Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
9.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
- Complaints
Luxofood will give its best to facilitate your complaint by communicating it to the Vendors. We take our customers’ complaints very seriously and aim at responding to your complaints as soon as reasonably possible. All complaints should be addressed by filling the following form http://luxofood.com/contact-us/.
- Limitation of Liability
11.1 We try to ensure that the information on the Website is correct and error free at all times. Despite our best efforts, we cannot warrant that the Website will always be error free and that use of it will be fit for purpose, timely and that defects will be corrected, and that that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
11.2 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your consumption of any Goods from Participating Vendors.
11.3 We disclaim any and all liability to you for the supply of the Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
11.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to customer’s computer system via our Website.
11.5 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
11.6 If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent. However, we will give prior notification to whom the order will not be fulfilled and you have the right for the refund policy as stated in Section 7.
11.7 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
11.8 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
11.9 In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Luxofood may cause the customer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
11.10 Offers are subject to our discretion and may be withdrawn at any time and with prior notice to the prospective Consumer.
- Sell on Luxofood, Become a Vendors
12.1 To become a vendor on Luxofood you must register as vendor and complete all compulsory steps in your dashboard settings such as upload documents, add your bank account, decorate your store (logo 215x215px, banner 625x300px), add opening/closing store hours, set your precise address, add shipping fees, add your own store terms and conditions, return and refund policies. We strongly recommend to create Staff login with limited access in order to minimise risks. Staff account can be created in vendor dashboard accessible here: http://luxofood.com/dashboard
12.2 As a vendor, you are responsible to maintain accurate stock, prices, fulfil orders at the date and time requested by customer, answer customers inquiries, decorate your store. In the event of a refund, vendor must request a refund to Luxofood.
12.3 Vendors are not allowed to request customers for payment outside Luxofood and can be deactivated at anytime. If there is an issue on product pricing or shipping fee, vendor must inform customer of the issue and process a refund.
12.4 Exchange: there is no exchange feature on Luxofood, order must be partially or fully refunded then customer can place a new order.
12.5 Vendors with low performance can be deactivated by Luxofood at anytime. Luxofood defines low performance including but not limited to: high number of refunds (Luxofood tolerates 2 refunds a month per vendor), complains received directly from customer, low store rating, late or no reply to customer inquiry.
12.6 Dispute between Vendor and Customer: vendor and customer must resolve any issue and vendor will act accordingly. If customer and vendor are unable to find a solution, Luxofood can act as moderator. Luxofood will investigate on customer and vendor side before taking a decision which could result on a refund or return. Luxofood decision is final, vendor cannot contest it and it may show in the vendor’s scoring.
12.7 Subscription: Luxofood offers Vendor Membership with various benefits to the vendors such as reduce commission, free advertising packages, and other services. Vendor should subscribe by adding to cart the subscription and complete the order. Immediately after the payment the subscription benefits will apply. Vendor Membership duration is 12 months and it has to be renewed by the members. Luxofood does not renew it automatically. Membership are not refundable. By default, any new vendor is subscribe to the Free Membership for 12 months (vendor can visit dashboard>subscription for more details).
12.8 Advertising: vendors can promote their products by purchasing advertising packages which are available inside each product product page (at bottom). Vendor must add to cart and pay the advertising package. Once paid the advertised products will show on specific pages on Luxofood. Unused Purchased Advertising package are not refundable.
12.9 Other Advertising: Luxofood offers vendors to gain more exposure by renting banner spaces on Luxofood’s homepage or newsletter, by sponsoring weekly newsletters or by requesting Luxofood to review their product and promote them in a dedicate page accessible here: http://luxofood.com/product-review. Vendors must send their product to Luxofood, Luxofood does not guarantee a 5-star review, reviews are completely impartial and honest.
12.10 Withdraw: 3 days after an order is completed, the sum is available for withdrawal (visit dashboard>withdraw). At any time a vendor can request a withdraw but Luxofood only proceed bank transfer each Tuesday. If not withdraw is requested, by default, Luxofood will proceed to the transfer every first week of the month on Tuesdays except if Tuesday is an holiday, it will be processed the following working day. A charge of Rp5000 applies for each withdraw request.
- General
13.1 All prices are in Indonesian Rupiah (IDR); Applicable taxes are included where indicated.
13.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time.
13.3 We will publish any material or substantive amendment of the Terms and Conditions in the Website, and you shall carefully read such amendment. If you continue to use and access the Website after any posted amended version of the Terms and Conditions will be considered as your acceptance of the amended Terms and Conditions.
13.4 Any objections toward the amended Terms and Conditions shall be delivered to Luxofood within 7 (seven) days after such amendment is published in the Website.
13.5 You are not allowed to use or launch any automated system or program in connection with our Website or its online ordering functionality.
13.6 You may not collect or harvest any personally identifiable information from the Website, use communication systems provided by the Website or App for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Website with respect to their submissions to the Website or App, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website.
13.7 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other terms or provision on the Website except for privacy matters, these Terms and Conditions shall prevail.
13.8 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
13.9 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Indonesia. The parties hereto submit to the exclusive jurisdiction of the District Court of West Jakarta.
13.10 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
13.11 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Indonesian Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the District Court of West Jakarta. All dealings, correspondence and contacts between us shall be made or conducted in the Indonesian language.
Date: 7 MARCH 2024