Refund policy
LUXVERSE
WARRANTY AGAINST DEFECTS
In accordance with our Luxverse Sale Terms and Conditions you are aware that our Goods are overseas imported products from various years. This means the original manufacturers warranty may have expired, so Luxverse agrees to provide a further supplier warranty over the Goods to ensure peace of mind.
In this Warranty:
We, us, or our means Luxverse Pty Ltd (ACN 639 699 719) and our contact details are set out at the end of this warranty;
You, or your means the purchaser of the Goods.
Goods means the product supplied to you by us, pursuant to the Luxverse Sales Terms and Conditions.
This warranty is attached to and forms part of Luxverse Sales Terms and Conditions.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1 Warranty
1.1 We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
1.2 Defects Warranty: Subject to the terms of this Warranty, if during the first 2 years from the date of purchase of the Goods from us (Warranty Period) the Goods prove defective by reason of improper workmanship or materials, we will repair or replace the Goods at our discretion (Defects Warranty). Your Consumer Law Rights may extend beyond the Warranty Period.
1.3 If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of the watch is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model of watch. If we cannot source equivalent materials, we will offer a refund of the purchase price.
1.4 100% Authenticity Warranty: We guarantee that our Goods are 100% genuine and authentic, sourced directly from the original manufacturer or an authorised distributor. If the Goods prove non-genuine by assessment by an authorised service centre of the relevant brand (or otherwise, an independent horologist mutually agreed between us and you), we will refund or replace the Goods at your discretion (Authenticity Warranty).
2 Making a valid warranty claim
2.1 To claim the benefit of the Defects Warranty, you must:
(a) notify us by email as soon as you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs of the claimed defect;
(b) if we ask you to, you must return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below in the manner in which we have approved in writing; and
(c) provide any other information reasonably required by us to assess your claim.
2.2 Where you return the Goods as part of a Defects Warranty claim under clause 2.1, where we find the Goods are covered by the Defects Warranty, we will refund the associated costs of you returning the product to us. Please note, we will only be required to reimburse costs where you have pre-approved the postage and associated costs with us prior to sending the watch back.
2.3 Where we accept your claim under the Defects Warranty, clause 1.2 will apply.
Authenticity Warranty
2.4 To claim the benefit of the Authenticity Warranty, you must:
(a) notify us by email as soon as you have reasonable grounds to believe that the Goods are non-genuine with evidence of proof of purchase of your Goods from us;
(b) return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below in the manner in which we have approved in writing; and
(c) provide any other information reasonably required by us to assess your claim.
2.5 Where you return the Goods as part of an Authenticity Warranty claim, we will arrange for the Goods to be assessed by an authorised service centre of the relevant brand (or otherwise, an independent horologist mutually agreed between us and you). If the assessment confirms that the Goods are non-genuine, we will refund the associated costs of you returning the product to us. Please note, we will only be required to reimburse costs where you have pre-approved the postage and associated costs with us prior to sending the watch back.
2.6 Where we accept your claim under the Authenticity Warranty, clause 1.4 will apply.
3 When this warranty applies and when it does not
3.1 The Defects Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
(a) act or omission, accident, or negligence by you or any third party not engaged by us (including any third party jeweller or maintenance service provider over the watch / Goods);
(b) failure on your part to follow any instructions or guidelines (including any manual) provided by us or the manufacturer in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);
(c) use of your Goods otherwise than for any application or use specified by us or the manufacturer;
(d) continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
(e) incorporation or installation of any accessories into your Goods;
(f) failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
(g) reasonable wear and tear of your Goods;
(h) act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer's reasonable control); or
(i) installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us or the manufacturer.
3.2 Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty) may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
4 General
4.1 Luxverse Sales Terms and Conditions prevails: This Warranty is subject to the Luxverse Sales Terms and Conditions and in the event of any inconsistency or ambiguity between this Warranty and the Luxverse Sales Terms and Conditions, the Luxverse Sales Terms and Conditions will prevail.
4.2 This Warranty is only valid and enforceable in Australia and is governed by the laws of Victoria.
4.3 No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
4.4 No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
4.5 Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Contact us for further details:
Luxverse Pty Ltd (ACN 639 699 719)
hello@luxverse.com.au
