We, Us, Our and similar expressions, refer to The Luxe Detective (ABN 22390178344) and where applicable its related entities. You and similar expressions, refer to the person, corporation, trust or partnership engaging us to provide Services and whose name appears on the tax invoice.

By visiting this site (the Website) or using any features offered through the Website or any affiliated applications, tools or features accessible by computer or handheld device you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures instituted from time-to-time.

1.     Nature of Services

a.     You may from time to time request sourcing, procurement or supply services (Services) by contacting us by email, website, social media platform, or as otherwise communicated to us from time to time.

b.     Your request is accepted when we confirm acceptance orally, in writing, or we otherwise expressly agree to proceed.  We are not compelled to undertake any Services or activity before we expressly agree to accept your request and even then we may terminate the Services at any time.  A binding agreement is formed when we do accept your request incorporating:

                                  i.     these Terms and Conditions;

                                 ii.     any written communications confirming the Services; and

                                iii.     any tax invoice or document issued by us confirming the scope and pricing.

c.      We may be acting as any one or more of the following:

                                  i.     as an arranger/sourcing agent, facilitating the purchase of goods by you from a third-party retailer or supplier, from that other party; or

                                 ii.     as the supplier, where we sell and supply goods directly to you.

d.     Where Services are ongoing, we will notify you how and when they may be terminated.

e.     As most items are sourced or procured specifically to order, once the Services have commenced, cancellation is not possible unless otherwise agreed to by us. You may be liable for part or all of our fees and any third-party costs incurred if you do elect to terminate. If Services have not commenced, you may cancel within 14 days of requesting Services by providing written notice to us.

f.       We are not responsible for delays caused by events outside our reasonable control. If such events occur, timeframes may be extended or the Services suspended without liability.

2.     Fees and Payment

a.     We may charge a flat fee, sourcing fee, commission or such other charges as notified to you prior to commencement of the Services.

b.     Once an item has been sourced and you authorise us to proceed, an invoice/ tax invoice will be issued to you and is payable immediately or by the due date written on the invoice. Goods will not be shipped or released until payment is received in full. We may request payment card details or a deposit to secure your order.

c.      We accept payment by bank transfer or international wire. We may accept payment by credit card at our absolute sole discretion.  All credit card payments will be subject to a 3% surcharge on domestic cards and a 3.75-4% surcharge on international cards.

d.     We may use a third party payment processor to process payment and we hereby disclaim all liability for claims that may arise out of using such third party payment processing services.

e.     By entering into any Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any Services. By providing a method of payment, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to the Services. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the Services. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorised or accepted.

f.       In the event:

                                  i.     your method of payment is not valid;

                                 ii.     we determine, in our sole discretion that a transaction is unauthorised;

                                iii.     your method of payment cannot be processed at the time of any charge; or

                               iv.     any charge is disputed for any reason other than the undisputed failure by us to deliver the items purchased by you,

we reserve the right to immediately terminate any pending transactions, thereby terminating all of our obligations to you under these Terms and Conditions, and, in addition, to charge you an administrative processing fee equal to AUD$40, per instance, which charge you hereby authorise by entering into the Services.

g.     The requirement to pay for the Services in accordance with the terms of our tax invoice is an essential term and if payment is not made when due, we may suspend or terminate the Services.

3.     Delivery

a.     Goods may be shipped to us and forwarded to you or shipped directly to you. You are responsible to pay all shipping costs.  

b.     We make no promises on delivery times, freight costs or availability. Delivery times are estimates only and we are not liable for minor delays in delivery. In this respect you agree that time is not of the essence.

c.      Prices for the goods may not include import taxes, customs duties or similar charges. Any import taxes or duties applicable to your order will vary depending on factors including the identity of the seller, the type, value and quantity of the goods, the country of dispatch, the delivery address and/ or the delivery method. All import taxes and duties are payable by you.

PART A – WHEN WE ACT AS ARRANGER / SOURCING AGENT

4.     Arranger / Agent Role

a.     Where we act as an arranger, sourcing agent or intermediary, you authorise us to:

                                  i.     identify, liaise with and place orders with third-party retailers or suppliers (Sellers) on your behalf;

                                 ii.     provide necessary personal and delivery information to Sellers and logistics providers; and

                                iii.     purchase goods on your behalf in accordance with your instructions.

b.     You acknowledge that:

                                  i.     we do not act as the Seller’s agent;

                                 ii.     unless expressly stated otherwise, we do not take title to the goods at any time and all risk remains with you, as to the authenticity of the goods, their description or fitness for purpose;

                                iii.     the Seller is responsible for arranging shipping of all goods and for providing all relevant information in relation to the shipping charges and tracking information; and

                               iv.     the Seller utilises their own shipping and distribution networks and may charge different rates for shipping on products. You acknowledge that the delivery dates may vary and delays in delivery may be unavoidable.

c.      Sellers may be located internationally and will have their own pricing, delivery terms, warranty and returns policies. We will endeavour to inform you of these at the time of order.

d.     Import duties, taxes and customs charges may apply depending on the type of product, country of export and delivery destination. These costs may not be included in the price of the product. You are responsible for all duties, taxes and customs clearance costs.

e.     Risk in the goods (including any loss, damage or deterioration) passes to you immediately when the goods are shipped to the delivery address provided, or when collected by you or your nominated carrier. Title passes upon receipt of full payment.

5.     Returns, Exchanges and Quality – Arranger Scenario

a.     To the fullest extent permitted by law, we do not provide any warranties as to the quality, fitness for purpose or merchantability of goods supplied by Sellers, and all implied warranties are excluded. If the goods are sourced from Australia, this clause does not exclude rights under the Australian Consumer Law (ACL), where applicable, to the Seller’s supply.

b.     If goods are defective or not as described, we will reasonably assist you in liaising with the Seller in accordance with the Seller’s returns policy. Sellers may inspect goods prior to accepting a return, refund or exchange. You acknowledge that they will have their own terms of supply.

c.      We do not accept returns or exchanges for change of mind or fit, except as required under the ACL.

d.     Our sourcing and/or service fees are non-refundable even where goods are returned, exchanged or refunded by a Seller unless otherwise agreed.

PART B – WHEN WE ARE THE SUPPLIER

6.     Supply of Goods by Us

a.     Where we are the seller and supplier of goods, the goods are supplied subject to the consumer guarantees under the ACL where applicable.

b.     Risk in the goods (including any loss, damage or deterioration) passes to you when shipped to you or when collected by you or your nominated carrier. Title passes upon receipt of full payment.

c.      Delivery timeframes are estimates only. We are not liable for reasonable delays, particularly where goods are sourced internationally.

d.     We will try to ensure that all orders are delivered in a prompt and timely manner.  However, from time to time, it is possible that shipping and other factors outside of our control may result in delays.  We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.

7.     Returns – Supplier Scenario (ACL)

a.     Where we supply the goods directly to you, your rights in respect of defective or faulty goods are governed by the ACL and cannot be excluded.

b.     If goods are faulty, not as described, or otherwise fail to comply with the ACL, we will inspect and, where required by law, repair, replace or refund the goods within a reasonable period.

c.     Change of mind returns are not accepted unless expressly stated and additional conditions may apply.

GENERAL TERMS

8.     Limitation of Liability

a.     To the maximum extent permitted by law, and except where the ACL applies and cannot be excluded, we exclude all liability for loss or damage arising out of the Services or goods supplied (including where we act as arranger), including indirect or consequential loss, loss of profits and loss of opportunity.

b.     Where liability cannot be excluded, our liability is limited to:

                                  i.     in relation to Services, the resupply of the Services or payment of the cost of having the Services resupplied; and

                                 ii.     in relation to goods supplied by us, repair, replacement or refund, as required under the ACL.

9.     Indemnities

a.     You hereby agree to indemnify and hold harmless us, our employees and related entities (collectively the Indemnified Parties):

                                  i.     against any liability for all duties, taxes and shipping costs;

                                 ii.     from any and all claims and demands, losses, liabilities, costs and expenses (including but not limited to, reasonable legal fees) incurred by an Indemnified Party arising out of or related to:

A.    your breach of these Terms and Conditions;

B.    any information (including but not limited to your data) submitted or otherwise provided by you;

C.    any dispute or litigation between an Indemnified Party and a third party caused by your actions; and

D.    your negligence or violation or alleged violations of any rights of another.

b.     These obligations will survive any termination of your relationship with us. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of ours, our employees or related entities.

10.  Termination

a.     We may terminate the Services if you fail to pay, fail to provide instructions, provide incorrect information, breach these Terms and Conditions, or if it becomes impracticable for us to perform the Services.

11.  Privacy

a.     We take reasonable steps to protect personal information and handle it in accordance with applicable Australian privacy and consumer protection laws and may disclose your details to Sellers, logistics providers and relevant third parties as necessary to fulfil your order, including internationally.

b.     By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms and Conditions.  Information provided to us may be disclosed to third parties or as required by law.

c.      You consent to the assignment, transfer or novation by us of all data, information, records and content that is provided, made available or disclosed by you (or on your behalf) to us, or that is collected, generated, received or accessed by us in the course of providing the Services, including Personal Information (as defined in the Privacy Act 1988 (Cth)), to any successor, assignee or purchaser of our business (or any part of it), including in connection with a corporate restructure, sale of assets or change of control, provided that such assignment, transfer or novation is permitted under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

12.  Cookies

a.     Cookies are small pieces of information captured when your device is used to access online content.  Our Privacy Policy outlines how we use cookies.  If you disable cookies on your browser or device, you may not be able to fully experience all features of our Website.

13.  Social Media

a.     We use a social media site called Instagram but this may change over time. We reserve the right to cease any such sites in our discretion. Our own Website may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.

b.     Third party social media sites will also be governed by their own particular terms of use we do not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on sites or our social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views.

c.      Users must not post or upload any comment, content or link to a site which does not comply with these Terms and Conditions, including if it is defamatory, harassing, bullying, indecent or inflammatory.

d.     We may moderate user-posted content and may remove any content that, in our opinion, is inappropriate. While we review content regularly, there may be times when inappropriate or content is viewable before it can be removed.

e.     We do not undertake to inform users when such content has been moderated or removed. We may provide warnings or otherwise block or suspend users or their account in our sole discretion.

f.       Where you post, tag or submit content to a site, you warrant that:

                                  i.     you have the permission of the person/s appearing in the content to submit it to the site and for them and their image or likeness to be subject to these Terms and Conditions, including use by us and our Privacy Policy;

                                 ii.     you have the right to submit the content (including copyright);

                                iii.     the content is your own original creation and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));

                               iv.     we may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving us) at any time in the future, and via any media;

                                v.     third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and we do not accept any liability for such actions; and

                               vi.     any personal information you provide about yourself, or the person/s appearing in user submitted content, may be used by us to conduct campaigns, research and marketing activities (including informing you about special offers from us and to become part of databases maintained by us or any associated entity), and otherwise be used in accordance with our Privacy Policy.

14.  Disclaimer

a.     We will not be liable for any loss or damage caused by or distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or any site linked to it.

15.  No Guarantee

a.     This clause applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law. We provide, and you accept that:

                                  i.     we make no representations, warranties or guarantees of any kind, express or implied as to the operation of our Website or the information or material included on our Website, except as otherwise provided under applicable law;

                                 ii.     we will not be liable for any damages arising out of, or in relation to, the use of our Website. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information;

                                iii.     you assume all risk of use of all features of our Website. You release us of all responsibility for any consequences of your use;

                               iv.     by accessing our Website, you agree that your access to, and use of, is subject to these Terms and Conditions and applicable laws and is at your own risk.

                                v.     our Website is provided to you on an “as is” basis and may contain errors and inaccurate information and may not be complete or current.  We cannot guarantee our Website will always be available or fault or virus free.

b.     We expressly disclaim all liability for any act or omission of you, any Seller or other third party.

c.      Each Seller is responsible for ensuring that their products and any related content comply with all applicable laws including the Australian Consumer Law.

16.  Intellectual Property and Rights

a.     You acknowledge and agree that our Website and all data related to the access and use of the Website (including all intellectual property rights in all of the foregoing) are and remain our property.

b.     You acknowledge and agree that you will not:

                                  i.     improperly use our Website; or

                                 ii.     use our name, logos or marks for any commercial purpose except as expressly for by us; or

                                iii.     try to register or otherwise use or claim ownership over any of our names, logos or marks.

c.      Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

17.  Updates and Termination

a.     Your acknowledge and agree that we may:

                                  i.     vary these Terms and Conditions at any time. By continuing to engage us, you consent to any variations. It is your responsibility to regularly check these Terms and Conditions for any variations;

                                 ii.     at any time, and in our sole discretion, suspend or terminate any agreement without notice for any reason, including but not limited to a breach of these Terms and Conditions. Suspension or termination shall not affect either party’s rights or liabilities;

                                iii.     disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website breaches these Terms and Conditions, or any applicable laws; and

                               iv.     identify or bring legal action against any person who is or may be breaching these Terms, including obtaining injunctive relief in the relevant jurisdiction.

18.  Governing Law and Jurisdiction

a.     These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia, irrespective of where goods are sourced or shipped.

19.  Miscellaneous

a.     These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns. These Terms and Conditions will not be assignable or transferable by you without our prior written consent.

b.     These Terms and Conditions (including any policies and other agreements described in these Terms and Conditions, which are hereby incorporated by reference) contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

c.      No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.

d.     The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

20. Payment Plans

Where a payment plan is agreed to by The Luxe Detective, the following terms apply:

a. Completion of Payments
All payment plans must be completed in accordance with the agreed payment schedule. Late or missed payments may result in the immediate termination of the payment plan at our discretion.

b. Termination of Payment Plan
If the buyer fails to complete payments as agreed, The Luxe Detective reserves the right to cancel the payment plan. In such circumstances, any funds paid may be retained and the item may be offered for sale to another buyer.

c. Release of Goods
Items will not be released, shipped, or made available for collection until full payment has been received in cleared funds, unless otherwise agreed in writing.

d. Final Sale
All sales are final. Payments made toward the purchase of any item are non-refundable.

Please read these Terms and Conditions carefully before engaging our services or using our website.