Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by www.luxuryreborn.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of www.luxuryreborn.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, www.luxuryreborn.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Luxury Reborn – © 2022. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

Luxury Reborn Website Terms of Use

Luxury Reborn is an online marketplace for the sale of pre-owned Luxury Items and other goods.

These terms (“Terms”) outlined below apply to:

• all members of the public who wish to sell their Luxury Items using this website; and
• all members of the public accessing the website.

In using our website and Services, you agree to be bound by these Terms as well as any other terms and conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept your listing.

If you do not accept these Terms, you are not permitted to use our website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website, you agree to be bound by these Terms.

Notification of the amended terms may also be sent to registered users by email or as a general notice posted to each registered user’s account.

The amended Terms will take effect from the next time you log into the website or use the website. If you do not agree with the amendments, then you must stop using your account and the website. Your continued use of the website is subject to our current Terms as amended from time to time.

DEFINITIONS

“authentication service” means any person or business, which we choose in our sole discretion,
to authenticate any Luxury Items as the genuine product of the luxury brands whose registered or unregistered trade marks appear on the Luxury Items offer to us for sale.

“Buyer” means anyone purchasing Luxury Items or other goods through our website.

“Seller” means anyone offering, advertising or selling Luxury Items or other goods through our website.

“Consignment Commission” means the commission charged to the Seller on any Consignment Sales or other goods as set out in the web-form used by the Seller when applying to us to offer any Luxury Items or other goods for a Consignment Sale.

“Consignment Period” means the 180 day period of time we will offer the Luxury Items or other goods for sale on the website; the “Initial Consignment Period” is the first period of 90 days; and the “Consignment Period Extension” is the 90 days immediately following the Initial Consignment Period.

“Content” means any and all photographs, words, and other material submitted or uploaded for publication on the website.

“GST” means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999(Cth).

“intellectual property rights” includes (a) legal rights in unregistered trade marks or registered trade marks; (b) rights recognised under theDesigns Act 2003(Cth) or any equivalent statute; (c) rights recognised under theCopyright Act 1968(Cth) or any equivalent statute; (d) legal rights recognised in the trade dress or the visual appearance of a product or its packaging; (e) or legal rights recognised in the confidentiality of information.

“Payment Plan Agreement” means the specific provisions applying to Buyers who make a Payment Plan Purchase, which provisions are set out in Clause 18.

“Payment Plan Purchase” means a purchase transaction in which the Buyer pays for the Luxury Items or other goods in two or more instalments and does not receive the goods until the full price has been paid.

“Luxury Item(s)” means products and goods carrying the brand name(s) or registered trade mark(s) that we, in our sole discretion, recognise as luxury brands of clothing, accessories, watches and other goods.

“registered trade mark” means any trade mark or service mark registered under theTrade Marks Act 1995(Cth) or any equivalent statute.

“Premises” means the business address, distribution centre, warehouse or other premises of Luxury Reborn at the address notified on our website.

“Recipient-Created Tax Invoice” has the same meaning as set out in theA New Tax System (Goods and Services Tax) Act 1999(Cth).

“Refund Policy” means the policy regarding return of Luxury Items or other goods refunds being made to Buyers, which is set out in Clause 17.

“security interest” has the meaning set out in section 12 of thePersonal Property Securities Act 2009(Cth).

“Services” means a classified service whereby Sellers can advertise their Luxury Items or other goods and Buyers can purchase Luxury Items or other goods from time to time through our website.

“unregistered trade mark” means any product names, brand names, product get-up, logos, trade mark or service mark used to identify the source of goods or services, which are not registered under theTrade Marks Act 1995(Cth) or any equivalent statute.

“user“, “you” or “your” means in the context of each provision of these Terms either the Buyer or Seller (or both).

“website” meansxxxx.com.au

“we”, “our” and “us”  Luxury Reborn (ABN 23 660 080 760)

1. REGISTERING FOR OUR SERVICES

In order to use our Services, Sellers and Buyers need to register and set up an account.

Sellers and Buyers must:

at all times, keep your registration details accurate and must be up-to-date. You will not share your password or login details with any other person. You agree to maintain the confidentiality of your password or login details and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or login details;

ensure that your registration details are accurate and up-to-date; and

not impersonate any other person or create an account for any person or other legal entity that is misleading or deceptive as to the identity of the person or other legal entity establishing or using the account.

If you believe your account has been compromised, you should contact us immediately atadmin@luxuryreborn.com.au

Where the Seller is registered for GST the Seller must notify us of the Seller’s GST registration number in completing the web-form to offer Luxury Items for sale via the website.

2. ELIGIBILITY OF SELLERS AND BUYERS TO USE OUR SERVICES

To open an account to use our Services, Sellers and Buyers must be 18 years or older, or at least the age of majority, and able to form a legal binding contract, in the jurisdiction where you reside.

3. ROLE OF WEBSITE

As part of our business of selling pre-owned Luxury Items and other goods:

we receive Luxury Items from Sellers to be sold on consignment, in an agency capacity, to Buyers (“Consignment Sale“); and

to purchase Luxury Items directly from Sellers for sale by us to Buyers (“Direct Sale“).

Sellers will first complete the web-form on our website in which you will:

upload images and description of the Luxury Items or other goods; and either

request that we accept the Luxury Items or other goods for Consignment Sale, with us acting as agent; or

offer the Luxury Items or other goods for our purchase as principal for Direct Sale to Buyers.

We may, in our sole discretion, accept or refuse any application from a Seller for the supply or sale of any Luxury Items or other goods.

The promotion of any Luxury Items or other goods on the website does not constitute an offer to sell; it is an invitation to treat only and we may, in our sole discretion, accept or refuse any offer from any person to purchase any Luxury Items or other goods.

Luxury Items or other goods are not reserved to any person wanting to purchase such goods when ‘in-cart’ in the ordering software used on the website, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.

We reserve the right to notify you that Luxury Items or other goods, for which you have placed orders, has become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund for any funds you may have paid in the event we cannot fulfil your order.

4. INITIAL REVIEW OF LUXURY ITEMS

After we receive any application for the supply of any Luxury Items or other goods, we will provide the Seller with:

an estimate as to the price at which we would offer the Luxury Items or other goods for Consignment Sale; or

our offer to purchase the Luxury Items or other goods from the Seller for our Direct Sale to Buyers.

The Seller will, at the Seller’s cost, be responsible for:

the delivery of the Luxury Items or other goods to our Premises or such other location as directed by us; and

insuring the Luxury Items or other goods against loss or damage during delivery to us.

The Seller must securely pack the Luxury Items or other goods in a sturdy box or other secure packaging in a manner which sufficiently protects the Luxury Items or other goods whilst being shipped or posted to us. We are not responsible for any loss or damage to the Luxury Items or other goods during transit.

Upon receipt of any Luxury Item, we will authenticate the Luxury Item using an authentication service that we choose, in our sole discretion. The Seller acknowledges that we will accept the expert opinion of the authentication service as conclusively determining the issue as to whether the Luxury Item is the genuine product of a luxury brand.

We will then email the Seller to confirm that we have authenticated the Luxury Item, following which:

in relation to a Direct Sale, Clause 5 will apply; or

in relation to a Consignment Sale, Clause 6 to 8 (inclusive) will apply.

If upon inspection the authentication service determines the Luxury Item is not a genuine product of a luxury brand, inform the Seller by email and request payment of AUD$100 per item and AUD$150 for Hermes items to cover our administrative, processing, freight or postage costs.

If the fee of AUD$100/AUD$150 is not paid within 14 days of the expert opinion of the authentication service and our email notice to the Seller, the Seller authorises us to destroy the item without further notice.

5. PURCHASE FOR DIRECT SALE

The following provisions will apply when the Seller offers the Luxury Items or other goods for our purchase as principal for Direct Sale to Buyers:

• The Seller authorises us to purchase as principal and not for Consignment Sale. Upon our choosing to purchase the Luxury Items or other goods, and following delivery to us and authentication, as described in Clause 4, we may dispose of the Luxury Items in or other goods such a manner as we consider fit in our sole discretion.
• We will make payment to the Seller for the Luxury Items or other goods purchased by us as principal for Direct Sale in accordance with Clause 9.
• Title and risk in the Luxury Items or other goods will pass to us on delivery to our Premises.

6. CONSIGNMENT SALE

The following provisions will apply when the Seller requests that we accept the Luxury Items or other goods for Consignment Sale, with us acting as agent of the Seller:

• Following our examination of the Luxury Item or other goods, we will email the Seller to either:
• Confirm the price we previously estimated at which we would offer the Luxury Item for sale on our website which will be the advertised price of the Luxury Item; or
• If the condition or any feature of the Luxury Item is different to what they appeared when originally submitted in the consignment request, advise the Seller of the revised price which we decide, in our sole discretion, is the best selling price that we consider can be achieved having regarding to the market price of the Luxury Item as compared to similar items in the market.
• If the Seller advises us that you are not satisfied with our proposed listing price, then we will arrange for the return of your Luxury Items or other goods to you at your cost.
• If you confirm that we can sell the Luxury Items or other goods at our proposed listing price, we will then take photos and advertise to sell the Luxury Items or other goods on the Website and using other marketing platforms from time to time at our discretion, for the Consignment Period.

7. CONSIGNMENT PERIOD

• We will keep the Luxury Items and other goods advertised on the website for the Initial Consignment Period. Throughout the Consignment Period, we may contact the Seller by email and ask whether you wish to reduce the sale price at their discretion.
• In the event the Luxury Items and other goods are not sold within the Initial Consignment Period, we will contact the Seller for you to decide whether you agree to continue listing the Luxury Items or other goods for the same or at a lower price for Consignment Period Extension, or if you want us to return the Luxury Items or other goods to you at your cost.
• If the Luxury Items or other goods have not been sold within the Consignment Period, we will no longer continue to list the Luxury Items on the website and will return the Luxury Items and other goods to the Seller at your cost.
• In the event that the Seller requests the return of any Luxury Items or other goods prior to the Initial Consignment Period, we will charge you an administrative charge of AUD$100 or AUD$150(Hermes items) to cover our listing and processing costs, and you must also pay the costs of returning the Luxury Items or other goods to you.

8. THE SALE PRICE OF LUXURY ITEMS IN A CONSIGNMENT SALE

• Where Luxury Items or other goods are supplied to us for a Consignment Sale, we will use our best endeavours to sell the Luxury Items at our proposed listing price, as determined in Clause 6. We accept no liability or responsibility if the Luxury Items fail to sell at that price or at all.
• The price achieved by us for any Consignment Sales and reported to the Seller will be the net sales price after deducting the Consignment Commission and any other costs we are permitted to be paid as set out in these Terms.
• Consignment Commission will be calculated on the sale price to Buyers of the Luxury Items or other goods, exclusive of GST.
• We will be entitled to vary the Consignment Commission by way of publication of our new Consignment Commission on the website.
• Subject to Clause 9, we will account to the Seller for the net proceeds of Consignment Sales of Luxury Items received by us (after making all permitted deductions including costs payable by the Seller) after each fourteen (14) day payment cycle used by us to manage our business.
• In relation to any Payment Plan Purchase we will account to the Seller for the net proceeds of Consignment Sales of Luxury Items received by us (after making all permitted deductions including costs payable by the Seller) in the fourteen (14) payment cycle following receipt by us of the final installment from the Buyer.
• We will prepare and deliver Recipient-Created Tax Invoices for all Luxury Items sold by Consignment Sale.

9. CHARGES FOR DELIVERY TO BUYERS AND TERMS FOR DELIVERY

• All delivery or postal charges will be made available to the Buyers at checkout on the website, and:
• standard and express postal delivery and any couriers we may nominate from time to time are subject to the fees and charges of Australia Post and the individual courier services; and
• delivery of some Luxury Items and other goods, including large and bulky items or fragile items, may be subject to additional charges.
• The signature of the Buyer may not be required for some postal deliveries and will be left at your delivery address in accordance with Australia Post’s standard delivery practices. We are not responsible for lost or stolen items.
• The signature of the Buyer may be required for some deliveries. You are responsible for ensuring you are available to accept delivery. We will not be responsible:
• for lost or missing items left at your delivery address where you have expressly given authority to the carrier to leave the items at your delivery address; or
• for lost or missing items that have been signed for at your delivery address, whether or not the Buyer has actually signed to accepted delivery.
• We will not be liable for any consequential or indirect loss suffered by the Buyer relating to the transportation and delivery of the Luxury Items or other goods and will have no liability for such loss to the Buyer if delivery of the Luxury Items or other goods is delayed or not made at the agreed time or within a reasonable time.

10. PAYMENT TO SELLER

• The method of payment by us to the Seller will be determined by us from time to time and may include, but will not be limited to, direct credit into the nominated bank account of the Seller.
• If a Buyer gives notice of any claim or dispute in relation to the supply of any Luxury Items, we will be entitled to withhold payment for the Luxury Items or goods from the Seller and we will expeditiously investigate the Buyer’s claim.
• If we determine that the Buyer’s claim or dispute has no merit, we will make payment to the Seller in the next fourteen (14) day payment cycle.
• If we determine that the Buyer’s claim or dispute has some merit, we will notify the Seller by email.
• The Seller irrevocably appoints us as its agent to settle any claim or dispute by a Buyer:
• in accordance with our Refund Policy; or
• on such terms as we consider to be in the best interests of the Seller and having regard to all the circumstances, including, but not limited to, in relation to the sale price.
• If we:
• make a refund to a Buyer in accordance with our Refund Policy; or
• we settle a claim made by a Buyer, or
• a court or consumer tribunal determines a Buyer’s claim or dispute,

which reduces the amount payable to the Seller, we will pay the Seller any balance of the funds retained by us from the payment from the Buyer, provided that we may retain the full Consignment Commission calculated on the original sale price to the Buyer.

• The Seller indemnifies us from all reasonable cost incurred by us in dealing with any Buyer’s claim or dispute, except where the claim or dispute relates to a matter where we were at fault.
• Where we settle a claim or dispute that reduces the amount payable to the Seller and we receive notice of the claim or dispute after payment has been made to the Seller:
• we may demand repayment from the Seller of the amount equal to the reduction in the amount payable to the supplier in respect to the Luxury Items or other goods that were subject to the claim or dispute, and payment of any other costs for which the Seller is responsible under this clause as a contractual debt owed to us; or
• we will be entitled to deduct the amount equal to the reduction in the amount payable to the Seller in respect to the Luxury Items or other goods that were subject to the claim or dispute, and any other costs for which the Seller is responsible under this clause, from any future payments payable to the Seller.

11. DELIVERY TO SELLER

• If we arrange for the delivery of Luxury Items or other goods to the Seller we will charge the Seller for this service and the cost of the delivery or postage of the Luxury Items or other goods and either:
• by deduction from monies to be paid by us to the Seller in relation to the sale of Luxury Items or other goods; or
• we will request pre-payment of AUD$100 per item or AUD$150(Hermes items)  to cover our administrative, processing, freight or postage costs, and arrange delivery following payment.
• If the fee of AUD$100 or AUD$150 is not paid within fourteen (14) days of our email notice requesting payment, the Seller authorises us to destroy the item without further notice.
• We will not be liable for any consequential or indirect loss suffered by the Seller relating to the transportation and delivery of the Luxury Items or other goods and will have no liability for such loss to the Seller if delivery of the Luxury Items or other goods is delayed or not made at the agreed time or within a reasonable time.
• International Sales:please note that we are not responsible for any customs issues, taxes or duties that may be imposed by any country or customs departments for your purchase. It is your responsibility to ensure you are authorised to receive the Luxury Items, to collect them from customs and pay any duty that may be levied on any imported delivery. The correct item description including the value of the Luxury Item will be indicated on the delivery parcel and we do not label any parcel as a ‘gift’ on our customs forms.

12. WARRANTIES AND INDEMNITIES OF SELLERS

• Each Seller warrants that in completing the web-form to offer Luxury Items or other goods for sale via the website, he, she or it has not:
• falsely represented that any Luxury Items or other goods are of a particular standard, quality, value, grade, composition, style or model or have performance characteristics, accessories, uses or benefits that the goods or services do not have;
• falsely represented that the any Luxury Items or other goods have a particular history or particular previous use or falsely represented that such goods is new or unused;
• falsely represented the identity of the manufacturer of the any Luxury Items or other goods or the place of origin of the any Luxury Items or other goods; or
• used product names or brand names that do not accurately describe the any Luxury Items or other goods.
• Each Seller further warrants in respect to Luxury Items or goods offered for sale to us or sold by Consignment Sale via the website:
• the Seller is the legal and beneficial owner of the Luxury Items or other goods offered for sale, and you have the right to sell such goods;
• there are no outstanding security interests, mortgages, liens, or any other legal claim that may affect any transfer of ownership or clear legal title in the Luxury Items or other goods;
• you will do everything necessary to provide transfer of ownership or clear legal title in the goods to the Buyer;
• you will at all times abide by the Australian Consumer Law (‘ACL’) requirements and guarantees including but not limited to the re-supply or refund of the purchase price any goods you supply which do not meet ACL requirements.
• In respect the any Luxury Items or other goods to be sold by Consignment Sale, responsibility and risk for the Luxury Items or goods remains with the Seller until sold, provided that we accept responsibility for any loss or damage to the Luxury Items or other goods at our Premises caused directly by us or our employees or independent contractors. We will take all reasonable steps to properly store and care for the Luxury Items or other goods at our Premises.
• Sellers agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any person or legal entity which arises out of or in any way related to:
• any breach of any intellectual property rights or other legal rights of any person arising from your offer to sell or the sale of any Luxury Items or other goods or in relation to any Content uploaded by you for publication on the website;
• your failure to comply with, or as a result of a breach of, Clauses 12.1 & 12.2; or
• a breach by the Seller of its other obligations and/or warranties under these Terms.

13. RESPONSIBILITY OF SELLERS FOR CONTENT

• By submitting any Content to the website, Sellers represent that you have the right to upload and publish the Content. You also represent that you are not breaching any laws, regulations or intellectual property rights by uploading and publishing the Content.
• In addition, Sellers agree to fully indemnify us for any and all claims from buyers or for any third party claims, which may result from your Content.
• When you upload or provide Content to upload to the website, you grant us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.

14. CANCELLATION AND TERMINATION

• You are solely responsible for cancelling your account to use the Services provided on website. You must cancel in writing by notifying us at admin@luxuryreborn.com.au.
• We have the right to terminate your account to use the Services provided on website for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
• Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website.
• We are not liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with termination or suspension of your account.

15. OPERATION OF THE WEBSITE

• We make no warranty that the website services will meet the requirements of any Seller or Buyer or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
• In order to provide the full suite of Services to you, we engage third party providers to enable access to the Services. You agree and acknowledge that the website uses third party service providers and hosting partners to provide the necessary software, hardware, service and storage.
• You agree you will not transmit any viruses, malware, worms, etc. of any kind to the website.

16. LIABILITY

• By using this website and the Services offered through this website, Sellers and Buyers agree and acknowledge that you do so at your own risk.
• Sellers and Buyers agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or any classified or other advertisement on our website.
• We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our Services.
• To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.
• We expressly limit our liability to you for breach of a non-excludable statutory guarantee under the ACL to the following remedies:
• the supply of the goods again; or
• the payment of the cost of having the goods supplied again.
• Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. RETURN AND REFUND POLICY

• All Luxury Items or other goods sold by us are second hand unless otherwise specified.
• Subject to any rights of a Buyer under a non-excludable statutory guarantee under the ACL, the following Refund Policy applies to Luxury Items or other goods purchased by a Buyer through the website.
• Buyers can return Luxury Items or other goods and claim a refund if all the following conditions are met:
• the Luxury Reborn security tag must remain intact and attached to the item;
• item must be in the exact condition it was received with no signs of being used;
• the item must have the exact accessories (e.g. box, card, dust bag etc.) it came with;
• you must notify us within the respective time frame
• Buyer must make a claim for a refund within the following timeframe of delivery of the Luxury Items or other goods:
• for within Australia, you must make a claim within three (3) days;
• for outside of Australia, you must make a claim within two (2) days.
• For any return claims, the following fees or costs will be retained by Luxury Reborn:
• A non-refundable fee of 5% is applicable on the item’s final price or a fixed amount of $150 AUD, whichever is greater. This fee encompasses costs related to storage, administrative duties, processing, restocking, and handling associated with the return process.
• For any return claims paid for using PayPal or another payment gateway, the fees associated with that payment method will not be refunded as PayPal or other payment gateways do not offer fee refunds. These fees will be retained by Luxury Reborn.
• For domestic orders, the refund will not include any shipping costs incurred by Luxury Reborn.
• For international orders the refund will not include any shipping costs incurred by Luxury Reborn. Additionally, custom duties, import taxes, or any other fees imposed by the destination country incurred to the buyer, will not be refunded by Luxury Reborn.
• In cases where Luxury Items or other goods are lost during return transit, the Buyer is responsible for any associated loss or damage, and we reserve the right to evaluate such occurrences without assuming liability.
• If a Buyer disputes the authenticity of Luxury Items they purchase, such as claiming the goods are not the genuine product of the luxury brands whose registered or unregistered trade marks appear on the Luxury Items, then the Buyer must set out in full the basis on which they make such a claim, including providing any reports or expert opinions as to the authenticity of the Luxury Items.
• Buyer may initiate a claim in relation to the Luxury Items or other goods by contacting us immediately at admin@luxuryreborn.com.au
• Following our review of your claim, and our accepting your claim, you will receive an email explaining the return process. You must not return such goods to us until such time as we accept your claim and authorize you to return such goods to us in the email explaining the return process. Unauthorised return of such goods will not be processed and we may refuse receipt on delivery to us and/or any goods shipped will send back to the Buyer at your expense.
• The Buyer will be responsible for the cost and risk of returning goods, including to make sure that we receive the returned goods at our Premises and that the returned goods arrives at our Premises in the same condition it was sent to the Buyer and without any physical damage. Returned goods must be securely packed into the original delivery box or packaging (where possible) in which such goods arrived. Please make sure that there is sufficient protective material around the goods. Returned goods damaged during shipment to our Premises will result in such goods being returned to the Buyer at your expense.
• Refunds will be issued using the payment method used by the Buyer for purchase.
• We will use our best endeavours to process refunds within fourteen (14) days of receipt by us of the returned goods.

18. PAYMENT PLAN AGREEMENT FOR A PAYMENT PLAN PURCHASE

These following are the provisions of the Payment Plan Agreement applying to Buyers who make a Payment Plan Purchase:

• Buyers who wish to make a Payment Plan Purchase of Luxury Items or goods on the website will need to select the Payment Plan option at checkout. Once the deposit has been made, you will contact us at admin@luxuryreborn.com.au to complete the Payment Plan Agreement form, which includes the payment schedule.

• A Buyer can cancel the Payment Plan Agreement any time before delivery of the Luxury Items or goods. If the Buyer cancels the Payment Plan Agreement we will refund you all amounts paid less AUD$500 to cover our storage, administrative and processing costs.

• We may cancel the Payment Plan Agreement, if:

• the Buyer has breached a term of the Payment Plan Agreement, such as missing a scheduled payment;

• we are no longer engaged in trade or commerce: or

• the Luxury Items or other goods are no longer available due to circumstances outside of our control, such as Luxury Items or other goods that were available for purchase on a Consignment Sale, which have been reclaimed by the Seller.

• If we cancel the Payment Plan agreement or if the Buyer cancels the Payment Plan Agreement because of something that was our fault, such as the Luxury Items or other goods were damaged while in storage, we will not charge the customer the Buyer a termination fee and will refund all amounts paid.

• If the Buyer’s Payment Plan installments do not cover the termination fee, we are entitled to recover the outstanding amount as a debt.

19. INDEMNITY BY BUYERS

Buyers agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any person or legal entity which arises out of, or resulting from, a breach by the Buyer of its obligations and/or warranties under these Terms.

20. TRADE MARKS AND OTHER INTELLECTUAL PROPERTY

• All custom graphics, icons, logos, brand names and service names used to brand the website are registered trade marks or unregistered trade marks <> Pty Ltd or otherwise are the copyright of Saheen Mohamed Iqubal t/a Luxury Reborn.

• All other registered trade marks or service marks and unregistered trade marks or service marks that may appear on the website are the property of their respective owners.

• You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.

21. DISPUTES

• If you have a good faith belief that any Luxury Items or Content appearing on the website infringes your trade mark, copyright or other intellectual property rights, you should download ourNotice of IP Infringement form and email the completed form to the email address listed in the form. You consent to our sharing the completed Notice of IP Infringement form with the Seller that posted the potentially infringing Luxury Items or Content.

• If a dispute arises, all parties agree that confidentiality is paramount to the reputation of the parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of any party. Any public discussion or comments about any party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

22. PRIVACY

• We are committed to protecting your privacy. We at all times respect the privacy and confidentiality of the information provided by you and we will comply at all times with thePrivacy Act 1988(Cth) and the Australian Privacy Principles, which regulates how personal information is collected, stored and used. Please read our separate Privacy Policy carefully.

• We only collect information required to operate our website and to provide our Services and we keep this information in secure encrypted servers. This includes records of the customers for our Services for the purpose of administering our business and maintaining business records and financial accounts in the normal way.

• We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Sellers and other users of our website; or to protect the rights, property or safety of our customers or third parties.

• We reserve the right to disclose the name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.

23. RELATIONSHIP

The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of employment, joint venture, partnership or sales representative, except to the extent we act as the agent of the Seller in a Consignment Sale.

24. EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory will continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

25. GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

These Terms were last modified on 1 November 2023 and are effective from that date.