Terms for the use of the website www.luxah.com.au (“Website”) and online trading between Luxah Aust. (ABN 22 517 283 625) (“LUXAH”) and the user (“You/Your”)
YOUR USE OF THE WEBSITE
1.1 The Website located at www.luxah.com.au is owned by Luxah Aust. ABN 22 517 283 625 (“Luxah”, “We”, “Us” and “Our”), also known as Luxah Gifts and Homewares.
1.2 “You”, a user of Our Website, must be over the age of 18 years; this includes, but is not limited to, creating a Luxah Account (“Account”) and placing Purchase Orders (“Orders”) on Our Website.
1.3 Our Website contains material that is either owned and controlled by Our third party suppliers (“Suppliers”), or otherwise, by Us, and extends to text, designs, names, trademarks, images and software (“the Material”).
1.3.1 We use the trademarks and images of Our Suppliers with their permission.
1.3.2 To the extent that the Material does not belong to or is controlled by any of our Suppliers, all right, title and interest in the Material is owned and controlled by Us or under the correct licensing agreement between Us and the Creator to do so.
1.4 You are granted a non-exclusive, non-transferable licence to use the Website in accordance with our Terms and Conditions; if you do not agree with them, you should immediately stop using our Website.
1.5 You may view the Material for Your own personal and non-commercial use only and for no other purpose. If Copyrighted Material is being used for Unauthorised Commercial Use, penalties will apply. This extends to product photography and product descriptions.
1.5.1 You accept all penalties associated with your unauthorised commercial misuse of the Copyrighted Materials. This includes automatic fines of up to $2000 per copyright infringement, and (if applicable) additional damages, legal costs and a 6% penalty interest rate (on all judgements made by a court). You agree to pay these costs directly to the copyright owner.
1.6 You must not use the Website for any unlawful purpose, and you must not Violate or attempt to Violate the security of Our Website. Any attempts to: gain unauthorised access to Our Website or its contents; damage Our Website; or interfere with Our Website, are all defined as “Violations” of Our Website.
1.7 We reserve all Our rights with respect to the Website that are not expressly granted.
2.1 When placing an order, you can either checkout as a ‘Guest’ or you can create a ‘Luxah Account’. You must not place an Order using another person’s Account or details.
2.2 You must provide complete and accurate information when creating Your Account, and if this information changes, You must update it when making an Order.
2.3 You will be required to create a password to Your Account. It is Your responsibility to keep this password confidential and not to disclose it to anyone.
2.4 You must not allow another person to use Your Account. If you suspect that another person has made unauthorised use of Your Account, You must notify us immediately.
3.1 Placing an Order
3.1.1 When you complete an Order, it is an offer made by You to Us to buy the products You have selected at the price advertised on Our Website (these are “the Products”). You will receive a confirmation of Our receipt of Your Order; this is only a confirmation of receipt, and is not an acceptance of Your Order.
3.1.2 If We accept your Order (which we may or may not do so in our sole and absolute discretion) We will send you an email confirming despatch of the Products; this email is Your proof of Our acceptance of Your Order.
3.1.3 If We do not accept your Order in relation to one or more Products, We will send you an email or otherwise notify you that Your Order has not been accepted with respect to the Products indicated, and We will also refund to You any payment made by You in relation to those Products.
3.1.4 When you place an Order, you accept these Terms and Conditions. The Terms and Conditions applicable to each Order are those Terms and Conditions that were current on the date that you received notice of acceptance or rejection such Order. For the purposes of email notification, the date of notification is the date that the email was sent.
3.1.5 We reserve the right to limit the quantities sold of all products displayed on Our Website.
3.2 Payment for an Order
3.1.1 Payment for an Order must be made at the time that the Order is submitted on our Website, in the following manner:
(a) If you have a Luxah Discount Code, you need to enter it as indicated on Our Website prior to making payment;
(b) You can pay in any of the following ways: AfterPay; PayPal; Visa; or Mastercard. You can also pay for an Order in whole or in part with the use of a Luxah Gift Card or Code. When You use any of these methods to pay, You warrant that You are an authorised user of the relevant account, Gift Card or Code; and
(c) You must pay Us in Australian Dollars (AUD). If your credit card uses a currency other than AUD, Your currency will automatically be converted to AUD when you complete the transaction. We are not responsible for setting and applying the conversion rate and any conversion fee; You will need to contact your credit provider to obtain this information.
3.1.2 Our Payment Page provides more information regarding payment for Orders and may be viewed here.
3.3 What happens when prices of a Product change
3.3.1 Prices of products can fluctuate, and We reserve the right to vary the price of products prior to our acceptance of any Order from You.
3.3.2 If the price of a product that You have ordered is lower than when You placed Your Order and We have accepted Your Order, We will refund you the difference between the price You paid for the relevant product and the new price.
3.3.3 If the price of a product that You have ordered is higher than when You placed Your Order, we will notify You of such price increase via email. We will then give you 7 days to confirm Your Order at the increased price, which confirmation (if received by Us) We will treat as an Offer in accordance with clause 3.1.1. If We do not receive such confirmation from You, We will cancel Your Order for that product.
3.4 Our Products are not for resale
3.4.1 You warrant that You will not resell Products to any third party.
3.4.2 We reserve the right to cancel any Order and refund the purchase price to You if We reasonably believe that You are purchasing Our Products for resale.
4.1 Orders placed outside Australia may be subject to foreign taxes and duties, the payment of which is not Our responsibility. You are solely responsible for the payment of any such taxes or duties.
6.1 We deliver Worldwide. Delivery fees for locations outside of Australia are quoted off the website via email and payment made via PayPal Invoice.
6.2 We will use our reasonable endeavours to despatch Your Order within 2 business days of it’s receipt by Us (subject to the conditions in clause 3 regarding acceptance and payment being satisfied).
6.3 Expected delivery times are 7 days within Australia, and 14 days for outside Australia. These are estimates only and We will not be held liable for any loss suffered by You or anyone else if Your Order is not delivered within these estimated time frames.
6.4 Our deliveries are currently defaulted to ATL (Authority To Leave) due to covid and courier policies. It is the customers responsibility to provide a delivery address where they believe the parcel can be safely left. Once the parcel is marked ‘delivered’ by the courier, risk and title in the Product will pass to You (or the person who has accepted delivery, as and to the extent applicable). Luxah cannot take responsibility for any stolen Orders once the parcel has been marked ‘Delivered’ by our Couriers.
6.5 We instruct the postal company to deliver Your Order to your stated delivery address; this is the “First Delivery Attempt”. If no one is at Your delivery address to receive Your Order and the courier deems there to not be a safe place to leave your parcel, the postal company is instructed by Us to return the Order to their closest postal centre and to then try to either deliver the Product to you at a later date and/or notify You that they are holding Your Order for You to collect personally; this is the “Second Delivery Attempt”.
6.6 If 5 business days have passed since the Second Delivery Attempt, and the courier company has not been able to deliver the product to you (or You or another person designated by you have not collected it), We instruct the postal company to return Your Order to Us. If this occurs, we will refund the price paid for the Order to You, less any postal and/or shipping costs, taxes and/or duties incurred by Us. Or you may choose for Us to resend Your Order back to You providing You have paid the return shipping costs.
6.7 Our Delivery Page provides more information regarding delivery of Your Order and may be viewed here.
7.1 If you would like to return any products purchased from Us, please refer to both the Luxah Returns Policy which forms a part of these Terms and Conditions, and clause 10 in relation to Consumer Guarantees and Limitation of Liability.
8.1 We do not warrant that the Website will be error-free or that the Website will always be accessible. From time to time, scheduled or unscheduled down-time of the Website may occur. We will work within reason to limit this down-time.
8.2 We will not be liable to You or any third parties for the consequences of any errors or down-time of the Website.
9.1 Our Website may contain materials produced by third parties or links to other websites. We are not responsible for such third party materials or websites, or liable for any consequences related to Your use of Our Website in respect of any such third party materials or websites.
10.1 When You purchase Products from Us online, You are covered by the Australian Consumer Law, which is a schedule to the Competition and Consumer Act 2010 (Cth) and which applies to Us as an Australian business. The Australian Consumer Law includes consumer guarantees on products. You can view the Consumer Guarantees here.
10.2 When You purchase Products from Us online, all of the exceptions to Consumer guarantees under the Australian Consumer Law apply.
10.3 While we adhere to the Consumer Law, we exclude all other conditions and warrantees, whether implied by custom, common law or statute.
10.4 Without limiting the operation of clause 10.3, we exclude liability for:
(a) any damage caused by any failure by You to maintain the Product properly;
(b) slight variations between the colours of Products from those displayed by Your computer monitor;
(c) any direct, indirect, special and/or consequential damages or loss arising from access to the Website or purchase of any Product; and
(d) any damage caused, directly or indirectly, by third parties.
10.5 To the fullest extent permitted by law, Our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at Our option, to:
(a) replacement of the Product;
(b) supply of equivalent Product;
(c) payment to You of the cost of replacing the Product or acquiring equivalent Product; or
(d) payment to You of the cost of having the Product repaired.
11.1 We will not be held liable for any damage caused, either directly or indirectly, by any failure by Us to perform Our obligations under these Terms and Conditions due to strikes, riots, fire, explosions, acts of God, war, governmental action or any other cause which is beyond Our reasonable control.
12.1 We may terminate the licence that We grant to You to use Our Website at any time and in our sole discretion.
12.2 We may terminate any agreement created by Our acceptance of an Order, notwithstanding Your rights under the Australian Consumer Law and the laws applicable in South Australia generally.
12.3 You may terminate your order agreement with us if it has already been processed (providing it hasn’t been picked up by our couriers). In order to do this, please follow instructions via our Returns Page. Please be aware that there is processing fees involved in cancelling an order. This fee will be deducted from your Store Credit.
13.1 Any failure of You or Us to enforce any right that we have under these Terms or Conditions is not a waiver of that right and does not prevent the subsequent exercise of that right by the relevant party.
13.2 These Terms and Conditions are governed by the laws of South Australia and You and We submit to the non-exclusive jurisdiction of the courts of South Australia. You and We agree not to object to the jurisdiction of South Australia on the basis that it is an inconvenient forum.
13.3 If any provision of these Terms and Conditions is held to be void, valid or unenforceable, then that provision is severed from these Terms and Conditions to the minimum extent required, and the remaining provisions will remain in full force and effect.
13.4 In the case of any inconsistency between these Terms and Conditions and any of Our Policies, these Terms and Conditions prevail.
13.5 We will amend these Terms and Conditions from time to time. The current Terms and Conditions will be available on Our Website.
Terms & Conditions last updated October 2019.