Terms of service
LUXVERSE – SALE TERMS AND CONDITIONS
1 Introduction
This website is operated by Luxverse Pty Ltd (ABN 63 639 699 719) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.
Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
· Our liability under these terms is limited as set out in the Limitations section below.
· We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our website or for featuring certain products or services on our website.
Nothing in these terms limit your rights under the Australian Consumer Law.
2 Orders
(a) You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
(b) You must be at least 18 years old to place orders.
(c) We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.
(d) All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.
(e) We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
(f) Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.
(g) We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.
3 Payments
(a) You must pay in full when you place your order. The amount payable includes product price, delivery charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
(b) We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.
4 Delivery, title and risk
(a) We will supply the products in accordance with these Terms.
(b) We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.
(c) Any delivery timeframes shown on our website are estimates only.
(d) We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
(e) We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.
(f) Risk in the products will pass to you when the products have been delivered to the delivery address, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the products will pass to you on delivery to the carrier.
5 Refunds, Returns and Warranty
(a) We do not accept returns for change of mind. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law (see below).
(b) You understand and agree that we source many of our products from overseas suppliers. This means the original manufacturer warranty may have expired. This does not mean our products are not genuine, and where we advertise a specific manufacturer of our Goods, we guarantee the 100% genuine nature of the product.
(c) To supplement any remaining manufacturer warranty (if any) and to acknowledge the original manufacturer warranty may have expired, we provide all watches sold with a further 2-year supplier warranty for defects and unlimited authenticity warranty by Luxverse. Our warranty details can be found here. If you have reason to believe that the product is defective or non-genuine, you may submit a claim by following the process in our warranty. Where we accept your claim, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product (as set out in our warranty).
6 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.
7 Liability
Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(a) neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
(b) each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
(c) each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.
8 Use of Our Website
When using our website, you must not:
(a) breach any person's privacy, legal rights, or upload personal information without consent;
(b) defame, harass, threaten, or offend any person;
(c) use our website for any unlawful purpose;
(d) interfere with other users or our website's operation;
(e) introduce viruses, malware, or attempt to modify or tamper with our website;
(f) send spam or unsolicited messages;
(g) use automated tools such as bots, scrapers, or data mining software;
(h) assist others in doing any of the above;
(i) provide false, inaccurate, or misleading information;
(j) use another person's details without authorisation; or
(k) fail to maintain the security of any access credentials we provide to you.
9 Intellectual Property
(a) All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.
(b) You must not, without our prior written consent:
(1) copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
(2) use our intellectual property for commercial purposes or revenue generation;
(3) modify, adapt, or create derivative works from our intellectual property;
(4) frame or embed our content in another website; or
(5) remove or alter any copyright notices or proprietary markings.
(c) You may share our content on social media or personal blogs provided you:
(1) do not claim ownership of our intellectual property;
(2) do not imply our endorsement unless explicitly agreed in writing; and
(3) do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
(d) If you submit content to our website (such as reviews, comments, or feedback), you:
(1) grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
(2) warrant that you own the content or have permission to submit it;
(3) acknowledge that we may remove any content at our discretion; and
(4) remain responsible for ensuring your content does not infringe third-party rights or violate any laws.
10 General
(a) Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.
(b) Complaints and Feedback: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.
(c) Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.
If the Dispute concerns your Consumer Law Rights (including product defects and authenticity claims), you can make a claim by following the process in our warranty (available here). We encourage you to contact us in the first instance. If the Dispute is not resolved, or if you prefer to seek assistance from an external body, you may contact:
(1) Consumer Affairs Victoria (CAV) at www.consumer.vic.gov.au (or your relevant State or Territory consumer affairs body); or
(2) the Australian Competition and Consumer Commission (ACCC) at https://www.accc.gov.au/.
(d) Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
(e) Governing Law: Both parties submit to the exclusive jurisdiction of the courts operating in Victoria.
(f) Notices: Any notice given under these Terms must be in writing addressed to us at hello@luxverse.com.au or to you at the details provided when you submitted your order or in your account.
(g) Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our privacy policy (available on our website).
