Terms and Conditions
1 Contracting parties
1.1 In these terms and conditions “TDL” mean The Daily Luxe ABN 35 523 389 409 and “you” means you the customer (or, where relevant, the consignor).
1.2 These terms and conditions (together with any order where relevant) constitute the terms of service between TDL and you in relation to the use of this website and to the purchase of TDL products (if any).
2.1 If you are under the age of eighteen (18) years you cannot place orders with TDL. By accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years.
2.2 TDL reserves the right to cancel and order or refuse to provide any service to a person under the age of eighteen (18) years.
PURCHASING FROM TDL
3.1 All items listed for sale on the TDL website which are not subject to TDL’s consignment terms below, are the property of TDL and remain the property of TDL until such time as they are paid in full and are dispatched to you.
4 Placing an order
4.1 All items listed for sale on the TDL website can ordered by pressing ‘add to cart’ and proceeding through the checkout to pay for the item.
4.2 TDL reserves the right to refuse an order, terminate accounts, remove or edit content, or cancel any order in its sole and absolute discretion.
4.3 TDL will confirm its acceptance of your order when it advises you that the items you have ordered have been dispatched. It is only once TDL dispatches any item for shipment that the order is deemed to be completed.
4.4 In the event TDL cannot process or accept your order after payment is received we will contact you by email as soon as practicable.
5.1 TDL accepts Mastercard, Visa, Paypal and direct deposit only. Please select your preferred option at checkout.
5.2 Items will only be dispatched to you once they are paid in full.
6.1 All prices quoted on TDL’s website are in Australian Dollars (AUD) and all orders are processed in AUD.
6.2 TDL reserves the right to change prices for items displayed at TDL’s website at any time without notice to you.
7.1 All TDL purchases within Australia include GST.
7.2 Where an item is purchased by an international customer and is shipped to an address outside Australia and its territories, that purchase will not attract GST.
7.3 If relevant, the GST will be automatically deducted from your order prior to purchase after you have selected your destination country for delivery.
8.1 Ordinary shipping within Australia is free.
8.2 For international orders, the shipping cost is calculated as a fixed cost of AUD$45 if deemed to be a standard size.
8.3 TDL reserves the right to charge a greater sum for international shipping for items TDL determines, in its absolute discretion, to be outside the standard size.
8.4 Upon your written instructions, TDL can arrange other forms of shipping or transit insurance for an additional fee, which fee will be calculated and determined by TDL based on the type of shipping and the size and weight of the item purchased.
8.5 The ownership of any item purchased by you, and the risk in respect of that item, passes to you upon the item being dispatched for shipment. TDL takes no responsibility for any loss of any item or any damage whatsoever or howsoever sustained to that item after it has been dispatched.
8.6 For all international purchases, you are responsible for the payment of any (and all) taxes, duties and fees payable with respect to the purchase and import of your item. TDL takes no responsibility for the payment of any taxes, duties and fees nor for any delay in items proceeding through customs.
9 Condition of items
9.1 TDL makes every effort to accurately describe each item its lists for sale on its website. TDL also makes every effort to accurately display the products that appear on the website.
9.2 As computer monitors vary, TDL cannot guarantee that your monitor will accurately display the colour of any TDL item.
9.3 As sense of smell may vary between people, TDL cannot guarantee that your evaluation of the odour of the item (if any) is the same or substantially similar as described on the TDL website.
9.4 TDL quality checks the products before delivery to ensure you are receiving the product TDL has displayed for sale.
10.1 TDL guarantees that all items sold on the TDL website are authentic.
10.2 TDL offers a money back guarantee should any product TDL sells be proven (by a professional and respected luxury goods authenticator) to be non-authentic.
HANDBAG RESTORATION TERMS
11.1 TDL provides services to clean and restore leather handbags and other small leather goods.
12 Quotation for services
12.1 TDL will provide you with a quote for its restoration services based on the requirements of each individual item you request TDL to process, within 3 business days of you making a request for services.
12.2 Each TDL quote will remain valid for seven (7) days and you are required to confirm the quoted service and fee within seven (7) days of receiving the quote for TDL.
12.3 TDL reserves the right to refuse to process any item for any reason whatsoever.
13 Due care and diligence
13.1 TDL takes all reasonable precautions and exercises reasonable care to process all items provided to TDL by you for restoration.
13.2 TDL will advise you in advance of undertaking any work as to the best method of restoration for each individual item (in our opinion), and seek confirmation in writing from you to commence work on that item in accordance with our recommended restoration method.
13.3 TDL will not undertake any work on any item unless and until instructions are received in full from you.
14 Third party services
14.1 TDL will seek your consent in writing in the event your item is required to be provided to a third party for additional care, alterations, repairs, or additional specialist care.
14.2 Your item will only be provided to a third party after your written consent is received.
15 TDL liability
15.1 You agree that TDL’s liability for any loss or damage any item shall not exceed three (3) times our charge for processing that item.
15.2 No claims for damages will be recognised unless you advise TDL of the claim within one (1) day of collecting the item.
16.1 Restoration services and shipping charges (if any) for all items must be paid in full either on collection or prior to shipping.
16.2 TDL reserves the right to take a lien over any items in its possession until payment is received in full.
17 Unclaimed items
17.1 In the event that restored items are not collected within ninety (90) days, TDL reserves the right to dispose of them as TDL sees fit and shall not be held liable for any loss or damage that you may suffer as a result.
18.1 You remain the owner of the items for the duration of the consignment period.
19 Consignment period
19.1 The consignment period is eight (8) weeks, unless otherwise agreed by you and TDL.
19.2 If an item is not sold by TDL during the consignment period, the item will be returned to you and no fee will be charged.
19.3 Should any professional restoration be required prior to an item being listed for sale, TDL will advise you in writing of the likely work required and approximate cost of restoration.
19.4 TDL will not be obliged to undertake any restoration work until TDL receives written confirmation from you to have those restoration services undertaken.
20 Sale price
20.1 You and TDL may agree the sale price of each item or you can request that TDL determine the sale price based on our market knowledge.
21 TDL discretion
21.1 TDL has the absolute discretion to determine what items it will sell on your behalf based on TDL’s client base, season and designer/brand focus.
22.1 For items sold for AUD$800 and under, a commission of 40% of the gross sale price of an item will be charged on each item sold by TDL.
22.2 For items sold over AUD$800, a commission of 35% of the gross sale price of an item will be charged on each item sold by TDL.
22.3 The gross sale price is the sale price of each item prior to any deduction for any professional laundry, restoration costs, fees and shipping.
22.4 Any professional laundry, restoration costs, fees and shipping costs are transaction costs (Transaction Costs).
23 Your return
23.1 The proceeds payable to you will be the gross sale price less commission and any Transaction Costs.
23.2 These proceeds will be paid to you by the end of each calendar month.
PERSONAL SHOPPING TERMS
24 Engagement of TDL
24.1 TDL can be engaged either to purchase goods on your behalf or to attend with you to provide a personalised shopping service.
25 Payment for services
25.1 In circumstances where TDL is engaged to purchase goods on your behalf, TDL will personally quote you its commission percentage. The percentage will depend on the nature of the item, its purchase price, and the difficulty in obtaining it.
25.2 Where TDL is engaged to provide personalised shopping services, TDL will be engaged at a rate of $120 per hour (incl GST).
26 TDL to purchase goods
26.1 Where TDL is engaged to purchase goods on your behalf, you will be required confirm the description of the goods and the request for TDL to purchase in writing, and pay, in cleared funds, the total purchase price for the goods and commission at least twenty-four (24) hours prior to the purchase of those goods by TDL.
26.2 Should the payment of the total amount not be received by TDL at least twenty-four (24) hours prior to the scheduled purchase of those goods, TDL reserves the right to refuse to purchase those goods on your behalf.
26.3 Should TDL be unable to procure the requested item for any reason, you will be provided with a full refund of the total amount paid to TDL within seven (7) days.
27 TDL to provide services
27.1 Where TDL is engaged to provide you with a personalised shopping service, you will be required to pay, in cleared funds, the total service fee at least three (3) working days prior to the scheduled provision of those services by TDL.
27.2 In the event you cancel your scheduled service (for any reason whatsoever) within seven (7) days of the date the services was scheduled to be provided, TDL will retain 50% of the service fee and refund you 50%.
27.3 In the event you cancel your scheduled service (for any reason whatsoever) within twenty-four (24) hours of the date the services was scheduled to be provided, you agree to forfeit 100% of the service fee to TDL.
27.4 Should TDL be unable to provide you with the requested service, you will be provided with a full refund of the service fee within 7 days.
28 General Returns Policy
28.1 We do not offer refunds for change of mind, wrong decision or incorrect size.
29 Faulty Items or items not as described
29.1 If you receive an item you believe has a fault or is not as described, you are to contact TDL by email as soon as practicable to advise of the issue together with photos of the fault.
29.2 A refund will not be issued as of right.
29.3 In accordance with the National Consumer Code, TDL reserves the right to repair any fault or replace any item which TDL deems, in its absolute discretion, to contain a fault or to be not as described.
29.4 If TDL is unable to repair or replace your item then TDL will reimburse you in full for your purchase.
30 Sales Return Policy
30.1 We do not offer returns or credit notes for items brought on sale.
31 Purchase of seconds
31.1 If you purchase an item which is described as having missing parts or faults, you purchase that item as is, and you are not entitled to a refund on the basis that the item is faulty.
32 Risk on returned items
32.1 In the event you are returning an item to us pursuant to clause 29, or if a return is otherwise given by TDL at its discretion, you are required to send that item by post with tracking and signature on delivery within 14 days of TDL advising you that it will accept the return.
32.2 Items lost in the post are your responsibility and TDL will not offer exchanges or credit notes on lost parcels.
PRIVACY AND PROTECTION
33 Collection of information
33.1 You can use and browse the TDL website without disclosing your personal data. You are not required to provide personal data as a condition of using the TDL website, except as may be necessary to respond to your requests or in cases where you contact us directly.
33.2 TDL collects information from you if you register on our site, place an order directly with TDL, subscribe to our newsletter, or fill out a form. In most circumstances, you may be asked to enter your name, email address, date of birth, or shipping address.
33.3 If you place an order with TDL, you agree that TDL may store, process and use your personal information for the purposes of processing and delivering your order, including your credit card details.
33.4 Regarding your personal data, you have following options:
(a) Delete data: You can request deletion of your personal data that we have about you. We will delete the data that we are not legally obliged to keep and since some of the data is necessary to provide TDL services to you, you will not be able to use our services after the deletion;
(b) Opt out: you have the right to opt out of receiving information from us – to do this click the ‘unsubscribe’ link at the bottom of the email sent by us;
(c) Change or correct data: You have the right to request change of incorrect personal data that we have about you;
(d) Object to or limit or restrict use of data: You can request that we stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held); and
(e) Right to access and/or take your personal data: You have the right to ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form.
33.5 Your personal data is kept in accordance with the purpose for which it is collected and stored as long you use our services or until we receive your written cancellation.
34.1 Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
34.3 We use both session and persistent cookies. Session cookies expire when you log out of your account or close your browser. Persistent cookies remain on your computer or mobile device until you erase them or they otherwise expire.
34.4 Most web browsers are set to accept cookies by default. You are free to decline most of our cookies if your browser or browser add-on permits, however choosing to remove or disable our cookies may interfere with your use and functionality of the TDL website.
35 Use of information
35.1 Any of the information TDL collects from you (other than credit card details or other financial information) may be used as follows:
(a) to administer and improve the TDL website;
(b) to personalise the services TDL provides to you, including improving your browsing experience by personalising the TDL website;
(c) to process sales transactions;
(d) to send periodic emails or newsletters;
(e) to respond to your enquiries or requests pursuant to your emails and/or submission of form(s) on the TDL website;
(f) to prevent, detect and enquire about possible illegal activities; and
(g) to perform office and operational administrative matters, or any other internal business purposes.
35.2 We will not, without your express consent, provide your personal data to third parties for the purposes of direct marketing.
35.3 We will not be liable for any voluntary disclosure of personal information by you to other users of the TDL website.
36 Contacting our clients and subscribers
36.1 Any email address you provide for order processing, may be used to send you information and updates in relation to any order you have placed with TDL.
36.2 TDL may also use your email address, amongst other things, to send periodic newsletters and updates.
36.3 If at any time you would like to unsubscribe from receiving future emails, please follow the ‘unsubscribe’ link at the bottom of each email.
37 Protection of information received
37.1 TDL will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
37.2 TDL implements security measures to maintain the safety of your personal information when you access your personal information.
37.3 TDL employs Secure Sockets Layer (SSL) technology software for its transactions with our customers.
37.4 Despite the employment of SSL by TDL, TDL will not be responsible for any damages, or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
38.1 Your information, regardless whether it is public or private, will not be sold, exchanged, transferred, or given to any external party for any reason whatsoever, without your consent, other than for the express purpose of delivering to you an item you have purchased or a service you have expressly requested.
38.2 Please note that TDL may be required to release your personal information in order to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
38.3 TDL reserves the right to provide your personal information to contractors and agents of TDL for the purposes of operating the TDL website, conducting our business, or servicing you.
38.4 Personally identifiable information will only be provided on the basis that it is kept confidential by those third parties.
38.5 Please note that non‐personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
39 Third party links
39.1 TDL may include or offer third party products or services on our website.
39.2 These links are provided as a convenience to you.
39.3 TDL does not monitor or review the content of other party’s websites which are linked to from this website.
39.4 Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by TDL and should not be regarded as the publisher of such opinions or material.
39.5 TDL does not warrant, and takes no responsibility for, the information contained on, or the policies of, those sites.
39.6 TDL will not indemnify you, or take any responsibility for, for any loss or damage whatsoever or howsoever suffered by you as a result of following those links or providing third parties with your personal information.
40 Assignment of rights
40.1 You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of TDL.
40.2 Any unauthorised assignment shall be deemed null and void.
41.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby and shall nonetheless be enforceable to the fullest extent permitted by applicable law.
41.2 The unenforceable portion shall be deemed to be severed from these terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
42.1 Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition.
42.2 Such failure shall in no way affect the right to later enforce such term or condition.
43 Alteration of terms and conditions
43.1 TDL reserves the right, in its sole discretion, to change, update or replace the terms and conditions at any time.
43.2 The terms and conditions applicable to you are those on our website at the time you order a product. It is your responsibility to check our website periodically for changes.
43.3 Your continued use of or access to our website or the Service following the posting of any changes to these terms constitutes acceptance of those changes.
44.1 No TDL employee or agent has the authority to vary any of the terms and conditions governing any sale.
45 Force Majeure
45.1 To the extent permitted by law, TDL is not liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of TDL, and TDL shall be entitled to a reasonable extension of time for the performance of such obligation.
46 Governing law
46.1 These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
47 Copyright and Trademarks
47.1 All web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of TDL or its licensors.
47.2 Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with TDL or using this website as a shopping vehicle.
47.3 Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of TDL, is strictly prohibited.
47.4 TDL, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of TDL or its licensors or affiliates.
47.5 All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
48.1 The information on this website is provided on an “as is” basis.
(a) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or TDL’s literature; and
(b) excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised TDL of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
48.3 The above exclusions and limitations apply only to the extent permitted by law.
48.4 None of your statutory rights as a consumer are affected.