2. These Terms apply to:
2.1. us, being Kaviar Beauty Pty Ltd ACN 643 545 975 trading as The Luxe Collection by K (‘Luxe, ‘we’, ‘us’, or ‘our’); and
2.2. you, being a person wishing to contract with us for our Services (‘Customer’, ‘you’ or ‘your’).
3.Luxe specialises in offering short term rental of luxury Accessories to its customers (Services).
4. You must be 18 years of age to use our Services. If you are under 18 years of age, you will need to ask your parent or legal guardian to engage our Services instead.
5. By accepting our Services, you agree to be bound by these Terms and agree that these Terms form a contract between us and you (Agreement of Hire).
7. Luxe will provide Services to you on and subject to these Terms.
8. Provision of any Service is always at the absolute discretion of Luxe.
9. You agree that you are hiring a luxury Accessory and ownership of the luxury Accessory remains with Luxe at all times.
10. Fees and paymentEach time you accept our Services, you agree to pay the Fees.
12. All Fees are in Australian Dollars. Any Fees and charges imposed by these Terms will also include GST where applicable.
13. You must pay the Fees in accordance with our standard payment terms and using our accepted Payment Method.
14. When you place an order and provide your payment method details, you irrevocably authorize us to charge your payment method for all Fees and other amounts that are or become payable by you to us in accordance with these Terms without the need to provide further notice to you.
16. If you cancel an order:
16.1. not less than 48 hours in advance of the Dispatch Date, we will charge you a Cancellation Fee of 30% of the Hire Fee and will refund the balance to the Payment Method used for the order;
16.2 less than 48 hours in advance of the Dispatch Date, you will not receive a refund and we will charge you the full Hire Fee.
17. An order cannot be cancelled after the Dispatch Date.
18. Luxe’s Obligations
19. Luxe will, subject at all times to these Terms:
19.1. use reasonable endeavours to process your order in a timely manner so that you receive the Accessory for the requested Hire Period;
19.2. provide you with timely notifications pertaining to your order as we consider reasonable; and
19.3. not hire out an Accessory that is in a non-wearable condition.
20. Customer’s Obligations
21. You must:
21.1. treat our Accessory with the upmost of care and not do anything that may cause loss of or damage to the Accessory;
21.2. not allow any other person to have possession of the Accessory;
21.3. return the Accessory by the Return Date;
21.4. ensure the accuracy of your order. If you make an error in your order (for example, the incorrect Hire Period is booked), you are not entitled to a refund and must pay all Fees associated with the order.
22. What if the Accessory is Damaged, Lost or Stolen?
23. You are responsible for any Damage caused to the Accessory during the Hire Period (and if applicable until you Return the Accessory) and you agree to pay the Damage Fee (if applicable).
24. Upon return of the Accessory to us, we will inspect the Accessory. If there is any Damage to the Accessory we will notify you within 24 hours providing details of the Damage and a tax invoice for the Damage Fee which will be charged in accordance with clause 3.4.
25. You are responsible for loss or theft of the Accessory during the Hire Period (and if applicable until you Return the Accessory).
26. You must immediately notify Luxe and the Police if the Accessory has been lost or stolen.
27. If the Accessory is lost or stolen or not returned to Luxe for any reason, within 24 hours of the Return Date, you agree to pay the Replacement Fee. If applicable, we will notify you within 24 hours and provide a tax invoice for the Replacement Fee which will be charged in accordance with clause 3.4.
28. Debt Collection Fees
29. If we are required to engage a Debt Collector to recover unpaid Fees or other amounts owing by you to us pursuant to these Terms, you agree to indemnify us in respect of all fees, costs and expenses we incur in connection with such debt collection.
30. Delivery and Returns
31. Our preferred delivery method is Express Delivery, operated by Australia Post (visit Australia Post’s website for their terms and conditions and their current delivery times (www.auspost.com.au).
32. It is your responsibility to ensure your order is placed in time to meet your preferred delivery date. Please refer to the ‘Delivery & Returns’ section on our website for estimated delivery times to your address (please note we cannot guarantee delivery times).
33. A tracking number will be provided to you.
34. The Hire Period commences on the Delivery Date.
35. The Accessory must not be left unattended and must be picked up and signed for by the Customer at the Post Office or collection depot specified by the courier.
36. The Hire Period ends on the Return Date.
37. You must re-package and Return the Accessory in accordance with our instructions which are provided to you with the Accessory and available on our website.
38. You will be liable for any Damage to the Accessory which occurs in transit if the Accessory is not re-packaged in accordance with our instructions.
39. If the Accessory is not Returned on the Return Date, you agree to pay the Late Return Fee which will be charged in accordance with clause 3.4.
40. You acknowledge that you must continue to comply with all of your obligations contained in these Terms in the period after the Return Date until the date you actually Return the Accessory.
41. Limitation of Liability
42. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
43. To the extent permitted by law, our maximum liability arising under any condition or warranty that cannot be legally excluded is limited to providing the Services again or paying the cost of having the Services provided to you again.
44. You acknowledge and agree that:
44.1. any condition, warranty, right or liability, which would otherwise be implied in these Terms or protected by law is excluded; and
44.2. to the extent permitted by law, all implied terms are excluded and Luxe does not accept liability to you in respect of any direct, special, indirect or consequential damages, losses, expenses or costs which may be suffered or incurred by you and which may arise directly or indirectly in respect of our Services.
45. To the extent permitted by law, Luxe will have no liability, and you release and discharge us from all liability arising in connection with any:
45.1. event or circumstances beyond our reasonable control; and
45.2. your acts or omissions including any breach of these Terms.
46. Privacy and Your Information
49. By registering to become a member of Luxe, you accept that Luxe will take all reasonable steps to verify your identification and the accounts associated with your preferred Method of Payment.
50. You agree that all order requests must have the same name on the form of identification and the Payment Method used for the order.
51. You warrant that all Personal Information provided to Luxe is true, accurate, current, complete and not misleading.
52. If any Personal Information you have provided changes, you must update us as soon as possible.
53. You expressly authorise us to share your Personal Information and communicate with your parents and/or legal guardian(s), as well as third parties such as debt collectors and Police as we consider reasonably necessary in connection with your order.
54. Your Personal Information will be deleted from our system within a reasonable timeframe when you deregister your account, except where you have unpaid Fees or other outstanding obligations to us.
57. These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.
58. Headings are used for convenience only and do not affect the interpretation of these Terms.
59. In these Terms, the singular includes the plural and vice versa.
60. These Terms constitute the entire agreement between Us and You with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
61. We reserve the right to make changes to these Terms including to the Fees at any time. Each time you place an order with us, it will be on and subject to our then current Terms.
62. If any provision of these Terms does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of this Agreement.
63. Our failure or delay to exercise a power or right under these Terms does not constitute a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
64. Where the day on or by which any thing is to be done is not a Business Day, that thing must be done on or by the next Business Day.
Any notice to be given to Luxe must be sent by email to firstname.lastname@example.org and if sent on a day, other than a Business Day, or after 5.00pm on a Business Day, the email will be considered to have been received on the following Business Day.
The following definitions apply in these Terms:
Accessory means luxury handbags (and any other accessory Luxe elects to offer), including where applicable, any protective bag, supplied by Luxe to the Customer.
Business Day means a weekday in which banks are open for the transaction of banking business in Melbourne, Australia.
Cancellation Fee means a reasonable fee estimated at the time of the Accessory is ordered.
Customer means the individual who is hiring the Accessory supplied by Luxe, who must be over the age of 18 and accepts these Terms (by checking the box that states that the Customer Accepts) when hiring the Accessory.
Damage means any damage including, but not limited to, a stain, mark, tear, discoloration, changes to original colour and faultiness caused to the Accessory.
Damage Fee means the cost incurred by Luxe to repair a Damaged Accessory which may include the cost of professional dry cleaning, specialist repairs, and if the Accessory is reasonably determined by us to be Damaged beyond reasonable repair, the full Replacement Value of the Accessory.
Debt Collector means any third party which Luxe engages for the purpose of collecting any unpaid Fees or other amounts owed by the Customer to Luxe pursuant to these Terms.
Delivery Date means the date on which the courier makes or attempts to make the delivery of the Accessory to the Customer.
Dispatch Date means the date the Accessory leaves the possession of Luxe and is collected by the courier for delivery to the Customer’s address.
Fees means Hire Fees, Late Return Fees, Damage Fees and Cancellation Fees.
GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).
Hire Fee means the cost to hire the Accessory for the Hire Period.
Hire Period means the period starting on the Delivery Date and ending on the Return Date.
Insurer means any third party with whom Luxe has purchased an insurance policy relating to the Accessory.
Late Return Fee means a fixed daily amount of not less than $50.00 per day, which Luxe will charge the Customer if an Accessory is not Returned on the Return Date. The Late Return Fee will be charged for each day starting on the day after the Return Date up to and including the day that the Accessory is Returned.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Luxe means Kaviar Beauty Pty Ltd ACN 643545975 trading as The Luxe Collection by K ABN 71 643 545 975.
Payment Method means Mastercard, Via and PayPal.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Replacement Fee means an amount equal to the Replacement Value of an Accessory.
Replacement Value means the replacement value of an Accessory which Luxe notifies to you on its website, when you place an order or as determined by an expert valuer or Luxe’s Insurer. The Replacement Value of an Accessory may increase over time due its exclusivity.
Return means the Customer has lodged the delivery of the Accessory with Australia Post and provided the Australia Post tracking number to Luxe.
Return Date means the date which the Customer has agreed with Luxe to Return the Accessory.
ACCEPTANCE OF TERMS
I have read and understood the Terms and I acknowledge my acceptance of the Terms by checking the box that states that the Customer Accepts and/or by proceeding to place an order for an Accessory.