Terms & Conditions | The Luxe Collection by L

TERMS & CONDITIONS

1.Definitions

A. “Luxe”

means The Luxe Collection By L (ABN: 35 167 762 727), who will be supplying the Accessory for the Customer to hire.

 

B. “Accessory”

means all item(s) supplied by Luxe to the Customer.

 

C. “Business Day”

means a day that is not a Saturday, Sunday or public holiday anywhere in Australia.

 

D. “Customer/and or Client"

means the individual who is hiring out the Accessory supplied by Luxe, over the age of 16 and accepts the Terms and Conditions (by checking the box that states that the Customer Accepts) of hiring the Accessory.

 

E. “Damage(s/d)”

means any damage including, but not limited to, a stain, mark, tear, discoloration/changes to original colour, faultiness, caused to the Accessory during the Hire Period, whilst in the possession of the Customer.

 

F. “Debt Collectors”

means any insurer or solicitor/barrister, which Luxe has retained to collect any outstanding fees owed by the Customer.

 

G. “Delivery Date”

means the date in which the Courier makes or attempts to make the delivery of the Accessory to the Customer.

 

H. “Dispatch Date”

 means the date that the Accessory has been sent by Luxe to the Customer via courier.

 

I. “Hire Period”

means the duration between the Delivery Date and Return Date.

 

J. “Hire Fee”

means the cost to hire the Accessory for the Hire Period.

 

K. “Insurer”

means (name of insurance)

 

L. “Payment”/“Payment Card”

means Mastercard, Visa and Paypal.

 

M. “Penalty Fee”

means any amount owing for; a stolen, missing or damaged Accessory and/ or the Accessory being returned after the Return Date.

 

N. “Personal Details”

means any personal information which include but is not limited to copy of driver’s license, passport or identification card, full name, date of birth, address, phone number, email and payment card details, which the Customer has registered onto Luxe’s website.

 

O. “Return Date”

means the date in which the Customer must lodge the delivery of the Accessory with Australian Post by. It also means the date in which the Customer must provide Luxe a tracking number to show proof of lodgement.

 

P. “Third Party”

means anyone other than Luxe and the Customer – this includes, but is not limited to a friend, family member, acquaintance or unknown persons.

 

2. Agreement of Hire

 

A. An Agreement of Hire is formed once the Customer accepts the Terms and Conditions and makes payment of the Hire Fee. Effectively, Luxe will then agree to supply the Accessory to the Customer for the Hire Period.

 

B. The Agreement of Hire subsequently binds Luxe and the Customer to the obligations of the Terms and Conditions.

 

3. Payment of Hire Fee

 

A. Upon accepting the Terms and Conditions, the Customer will be directed to make payment, which will in effect process the Agreement of Hire (provided the payment is approved).

 

B. Payment will take in the form of one of the following options:

 

i. MasterCard;

 

ii. Visa; or

 

iii. Paypal

 

 

C. The Customer acknowledges and agrees that the Cancellation Fee is a reasonable estimate made at the time of entering into the Agreement of Hire and that it is the anticipated loss that Luxe will suffer by reason of cancellation.

 

D. The Customer acknowledges and agrees that Luxe will keep the Customer’s Personal Details confidential and in its system until the Customer de-registers their account with Luxe.

 

i. In the event that there are debts owing for a stolen and/or damaged Accessory, Luxe will keep the Customer’s Personal Details until all and any Penalty Fees are paid in full whether the account remains registered or has been de-registered; and

 

ii. If the Customer is a one-off Customer who is not registered with Luxe, then the Customer’s Personal Details will be deleted as soon as the Accessory is returned, on time and without any damage(s).

 

iii. If the Customer is a one-off Customer who is not registered with Luxe and fails to return the Accessory at all, on time or without damage(s), Luxe will keep the Customer’s Personal Details until all Penalty Fee(s) are paid.

 

E. The Customer acknowledges and agrees that Luxe can and will use the Customer’s Personal Details if the Customer is in breach of the Agreement of Hire which may include, but is not limited to the following;

 

i. Damage(s) caused to the Accessory;

 

ii. Stealing the Accessory;

 

iii. Returning the Accessory after the return date; and

 

iv. Any cancellations that render a penalty, pursuant to Clause 6C.

 

4. Damages

 

A. Where an Accessory has been returned with Damage(s), Luxe will charge a Penalty Fee and bill the Customer for the costs of fixing the Accessory, and subsequently withdraw the amount from the Customer’s Payment Card or take any necessary action at its sole discretion without notice. 

 

i. The bill will be emailed to the Customer in the format of a tax invoice.

 

ii. After 24hours of having billed the Customer, Luxe will then withdraw the amount from the Customer’s Payment Card unless stated otherwise. 

 

B. Pursuant to clause 3, the Customer acknowledges and agrees to Luxe withdrawing from their Payment Card the amount which has been set out on the tax invoice and emailed to the Customer after 3 days.

 

C. Where the Penalty Fee is not available on the Customer’s Payment Card, Luxe will make an attempt to contact the client to organise a Repayment Plan.

 

5. Stolen or Unreturned Goods

 

A. In the event that the Customer or any third party has stolen, lost or has not returned the Accessory, Luxe will withdraw the full value (value appraised by Luxe’s Insurer) of the Accessory.

 

i. Where Luxe is satisfied that the Customer has stolen the Accessory, Luxe will provide the Customer’s Personal Information and bank account details to the Police and/or Debt Collector for prosecution.

 

B. In the event that the Customer is able to locate and return the Accessory after it has been stolen or lost, the Customer will be refunded the full value of the Accessory provided that Luxe is satisfied (at its sole discretion) that the following is evident:

 

i. That the Accessory has not been damaged in any way;

 

ii. That the Accessory has been authenticated and proves to be the same item; and

 

iii. That the Customer has provided a truthful statement of how the Accessory was located.

 

The Customer, will however be charged a Penalty Fee at a flat rate of $300.00, and an additional $50.00 for every late day after the return date.            

 

C. In the event that the stolen Accessory has been returned and is damaged, Luxe will also charge the Customer a Penalty Fee, pursuant to Clause 4 of these Terms and Conditions. 

 

D. Where the full value of the Accessory is not available on the Customer’s Payment Card, Luxe will make an attempt to contact the client to organise a payment Plan.           

 

E. The Customer is liable if the bag is not returned in the same conditon that it was received. This includes but is not limited to, the accessory and the original dust bag the accessory comes in. In the event that the client returns the bag with no dust bag nor box, the client will be liable for the cost of the accessory's orignal dust bag.

 

6. Delivery and Return

 

A. All orders must be placed by Thursday 10:00 a.m. AEST (Australian Eastern Sydney Time).

 

B. A tracking number will be provided to the Customer to track.

 

C. Delivery Date takes effect when the Customer signs for the delivery, whether it is with the courier or Post Office.

 

i. The Accessory cannot be left unattended and must be picked up and signed for by the Customer at the Post Office specified by the courier.

 

D. Return Date takes effect as soon as the Customer has lodged the Accessory with the Post Office and notifies Luxe with a tracking number.

 

i. The Customer has the responsibility to re-package the Accessory in accordance to Luxe’s instructions to ensure that it is protected, subject to minimal damage and returns the way it arrived.

 

ii. The Customer will be liable for any damage(s) made to accessory via transit if it was not packed/protected in accordance to Luxe's packing instructions

 

iii. The Agreement of Hire and Hire Period will cease at the moment the item is returned.

 

iv. The Customer no longer has responsibility or liability over the Accessory after the Return Date unless there is an outstanding amount due.

 

v. The Customer however will be responsible and liable for any damages that occurred during the Hire Period.

 

E. Luxe will deliver the Accessory via Express Post through Australia Post. The Customer must be aware of the following;

 

i. Express Post covers 80% of Australian business addresses, private addresses and Post Office boxes;

 

ii. Service operates between all capital cities except Darwin and Perth CBD and some major centres;

 

iii. Outside metropolitan areas guaranteed service is to and from townships only; and

 

iv. If the address is outside the Express Post network, Australia Post will use the fastest possible transport links, however does not guarantee Next Day Delivery.

 

F. The Customer will be liable for a minimum Penalty Fee of $50.00 for every late day until the Accessory has been returned to Luxe. The late fee will be relative to the price of the bag hired; the more expensive the bag the higher the late fee.

i. The bill will be emailed to the Customer in the format of a tax invoice.

 

ii. After 24 hours of having billed the Customer, Luxe will then withdraw the amount from the Customer’s Payment Card unless stated otherwise by Luxe. 

 

G. If the return date lands on a public holiday the individual will not be charged a late fee.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

7. Repayment

 

A. In the event that the Customer cannot pay for any Penalty Fee for losing the accessory, damaging the accessory and/or returning the accessory late, Luxe is willing to enter a reasonable short-term payment plan at its sole discretion.

 

B. If the Customer defaults on the agreed payment plan, Luxe will resort to taking legal action through its nominated debt collectors at its sole discretion without notice until all Penalty Fee(s) are recovered from the Customer by Luxe. 

 

8. Cancellation

 

A. All or any cancellations must be made by the customer 48 hours prior to the Dispatch Date;

 

B. Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has already left Luxe’s vicinity, the Agreement of Hire will continue to be in effect until the Return Date. The Customer will be bound by the Terms and Conditions and its obligations and may use the Accessory as per the Agreement of Hire.

 

i. Regardless of whether the Customer chooses to use or not use the Accessory, the Customer will be charged the Hire Fee.

ii. If client decides to cancel more than 48 hours prior to dispatch date 30% of the Hire Fee will only be held and charged by Luxe.

 

C. Where cancellations are made less than 48 hours prior to the Dispatch Date and the Accessory has not left Luxe’s vicinity, the Agreement of Hire will cease and the Customer will be refunded the Hire Fee.

 

i. 30% of the Hire Fee will only be held and charged by Luxe in this circumstance;

 

ii. The Customer acknowledges and agrees that part 8C(i) is implanted to anticipate the loss that Luxe will suffer by reason of the late cancellation.

 

9. Luxe’s Obligations

 

Subject to the Terms and Conditions, Luxe has the following obligations to the Customer:

 

A. To process all Agreement of Hire in a timely manner;

 

B. To ensure that the Customer receives the Accessory by the time the Hire Period takes effect;

 

C. To keep the Customer’s entire account confidential, unless Luxe is satisfied that the Customer has committed a criminal offence by way of theft and/or fraud of the Accessory. In that case, the Customer’s entire account will be released only to its Insurer and the Police and/or Debt Collector for prosecution purposes.

 

D. To not mislead or deceive the Customer in any way in relations to the Hire Fee or conditions of the Accessory. and

 

E. To make all attempts to contact the Customer (i.e. mobile, SMS, email and/or letter) when the Accessory has not been returned before releasing the Customer’s details to the Insurer or Police.

 

10. Customer’s Obligations

 

Subject to the Terms and Conditions, The Customer has the following obligations to Luxe and the Accessory:

 

A. To ensure that the Accessory is not damaged or stolen by themselves or a Third Party;

 

B. To return the Accessory by the agreed Return Date;

 

C. To not transfer possession of the Accessory to a Third Party; and

 

D. To notify Luxe and make a Police Report if the Accessory has been stolen.

 

E. To pay any and/or all Penalty Fee(s) that they have incurred in a timely matter which has been set out by Luxe.

 

11. Privacy

 

A. By registering to become a member of Luxe, the Customer accepts and understandings that Luxe will take appropriate steps to verify the Customer’s Identification and MasterCard, Visa or Paypal accounts.

 

B. By agreeing to the Terms and Conditions set out by Luxe in an Agreement of Hire, the Customer accepts and acknowledges the following;

 

i. The Customer’s Personal Details will be released to the Insurer and Police and/or Debt Collector if Luxe is satisfied that the Customer has stolen the Accessory.

 

ii. The Customer’s personal details will be released to the Insurer and Debt Collector if the Customer has failed to pay any and/or all Penalty Fees in a reasonable amount of time which Luxe has provided to the Customer.

 

C. By agreeing to the Terms and Conditions, the Customer acknowledges that the Customer has read and also agrees to the Privacy Policy.

 

12. Indemnity

 

A. The Customer agrees to indemnify and not hold Luxe and any of its partners, employees, subsidiaries and affiliates of any loss, liability or claim arising out of the Agreement of Hire.

 

13. Terms and Conditions

 

A. By entering into the Agreement of Hire, the customer agrees to the following:

 

iii. That the Customer is bound to the entirety of the Terms and Conditions that Luxe has set out;

 

iv. That the Customer’s failure to make payments for Stolen or Damaged Accessory will warrant Luxe to notify the Police and/or Debt Collector to prosecutor and/or recover the owing amount; and

 

v. That the Terms and Conditions may be subject to change at any time, thus, the Customer must read the Terms and Conditions each and every time a new Agreement of Hire is made with Luxe.

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