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.
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 is an online marketplace for the sale of pre-owned Luxury Items and other goods.
These terms (“Terms”) outlined below apply to:
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.
“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).
“we”, “our” and “us” Luxury Reborn (ABN 23 660 080 760)
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 firstname.lastname@example.org
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.
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.
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.
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.
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 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:
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.
These following are the provisions of the Payment Plan Agreement applying to Buyers who make a Payment Plan Purchase:
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.
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.
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.
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.