TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Luxe Bag Society (“Luxe”) (ABN 53 390 068 258). Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- You agree that all products, handbags and fashion accessories, loaned to you as part of the Services, are the sole property of us.
- All products, handbags and fashion accessories, loaned to you as part of the Services, must be returned in the same condition in which they have been loaned to you and you agree be solely responsible for damage, destruction or theft of the said products whilst in your care.
- Luxe requires a copy of a current drivers licence and current credit card (front and back) to be sent through via email or text once your order has been made. We will not send out bags or any orders until both of these items have been received by us.
- Registered users and people making orders must:
- Not rehire or reloan any Accessory to any third party.
- Ensure that all personal information given to Luxe is true and correct.
- Treat with utmost care and keep the Accessory in his or her own possession and control throughout the Hire Period.
- Not alter, temporarily or permanently, nor make any additions to the Accessory or loaned products.
- By no later than 2.00pm AEST on the Return Date, lodge return delivery of the Accessory to Luxe Bag Society via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to strictly not be used) and you must keep the receipt as proof of lodgement.
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST unless otherwise noted. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- You agree to receive marketing material from us.
- If Luxe Bag Society does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Luxe Bag Society reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies.
- Hire fees will be charged to your credit card on the date your purchase is made.
- If your item is not returned on the due return date agreed when the purchase was made, Luxe will charge your credit card for each overdue day, at a rate of $60 per day (Late Fees).
- If you cancel the order prior to the Accessory being dispatched for delivery and prior to Luxe shipping the product, the Customer shall be entitled to a refund of 50% of the Hire Fee. The remaining 50% of the Hire Fee shall be retained by Luxe Bag Society as compensation for the cancellation of the Agreement (“the Cancellation Fee”). The Client acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of the order of the anticipated loss that Luxe will suffer by reason of the cancellation of the order.
- Luxe is entitled to cancel orders at any time, and is not required to disclose the reason to the customer. If Luxe chooses to do so and such cancellation occurs through no fault of the customer, Luxe Bag Society will refund any sum that has by the time of cancellation been paid by the customer by way of the Hire Fee. Luxe Bag Society shall otherwise have no liability to the customer by reason of the cancellation of the Agreement or at all.
Delivery & Returns
- We rely on third parties to provide delivery services. We will not be responsible if estimated timelines are not met due to postal failures or delays. If You do not receive a delivery in time, You must notify us immediately.
- We note that shipping insurance is your responsibility and the loaned products are taken to be in your care from the time of shipping.
- Customer agrees that payment must be made at least 1 business day prior to the date of dispatch.
- Delivery & return postage is included in the hire price unless otherwise specified.
- Customer is solely responsible for care of the Accessory from receipt of delivery until it is returned successfully to Luxe.
- By no later than 2.00pm AEST on the Return Date, the Customer must lodge return delivery of the Accessory to Luxe Bag Society via Australia Post. This must be done over-the-counter at an Australia Post outlet (post boxes are to strictly not be used). You must keep the receipt as proof of lodgement.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- If you do not return loaned product by the designated return date, you will be liable for late fees. Late fees are either calculated daily, pro-rata to your rental fees or calculated to be the full rental fee of a minimum rental period, at our discretion. You authorise us to charge your credit or debit card late fees if applicable, which may be deducted from any Security Deposit, if applicable.
- We reserve the right to take any and all steps to recover debts owed to us by you and debts owed for greater than 60 days may be recovered by debt collector and/or legal action which will be conducted at your additional expense.
Damaged, Stolen or Unreturned Items
- You agree, that you are liable for any damage that is caused to the loaned products, or if the product is missing or stolen. If the loaned product is damaged in any way, or becomes missing, stolen, or not returned satisfactorily, at our discretion, to any location nominated by Us, you authorise Us to charge your credit or debit card, or commence legal recovery from you, for the full recommended retail price or replacement price, as determined by Us, either or both of which, was provided to you, prior to your booking. If applicable, you authorise us at our discretion, to apply your security deposit (if any) for any damage, or for any repair, or for any insurance excess payable (if any), or for any other costs associated with the If a security deposit has not been provided by you, or if your security deposit or credit card does not cover all the costs related to the loaned product damage, then you authorise us to commence legal recovery, or take any action whatsoever, for any such outstanding costs and any applicable damages, plus legal costs, against You. If we form the view that the loaned product has been stolen or fraudulently obtained, then you as a Renter acknowledge that we may involve Government authorities against You.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
- Schedule 2 of the C&C Act; and
- those statutory guarantees, all of which are given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-
- If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
- If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
- If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- You agree to indemnify us against all damage direct or indirect caused the products whilst in your care. You agree to be strictly responsible for damage caused to the product, third parties and yourself whilst the product is in your care.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- We accept no liability for cancellations of loaned products prior to the loaning event.
- These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.