Terms and Conditions & Customer Care Statement
A. What We Do
We cultivate loyalty with our clients by connecting with a ‘human touch’ through contactless shopping. Our website and social media pages are not just meant to inspire you, but rather, to demonstrate to you that we can acquire almost everything; thus allowing you the opportunity to genuinely feel and experience the true meaning of exclusivity.
You select, we speak, we source. This is our commitment to you, and we look forward to being a part of your journey, a journey without borders.
Our swift, simple and strategic ways will facilitate the means for you to Indulge in Luxury at your own convenience at one click of a button.
1. Effect of Terms
(a) These terms apply to the ordering, purchase, and deliver of luxury products
(products) from selected third party retailers via our Instagram page, phone,
website or email and from a contract between you and Indulge In Luxury.
(b) Please read these terms carefully before you accept an order. By submitting an
order for products; you agree and accept these terms. Indulge in Luxury reserves the
right to change these terms at its discretion without prior notice. Amendments will be
effective immediately upon notification on its website.
(c) If you are agreeing to these terms on behalf of a business entity, you represent to
Indulge in Luxury that you have legal authority to bind that entity.
2. Orders
(a) Upon placing an enquiry for a product either via Instagram, website,
phone +61403330055 and +96181272802 or email info@indulgeinluxury.com.au,
Indulge in Luxury will send you a quote for sourcing the product from a third-party
retailer (Retailer), setting out the price of the Product payable to the Retailer
(Cost Price) and the fee (ServiceFee) Indulge in Luxury will charge for its services
(together the Price).
(b) If you agree to the Price, you must notify Indulge in Luxury that you accept the quote
and agree for us to purchase the Product on your behalf via the Retailer.
(c) If Indulge in Luxury is unable to source the Product for any reason, we will inform
you of this in writing and will not charge you for the Product or for our Service Fee in
attempting to procure that Product.
(d) You acknowledge that any Product purchased under these terms is intended for
personal non-commercial use only.
3. Delivery
(a) The costs of delivery will be as displayed to you on an order; however, the costs
of delivery based on the various shipping methods may vary in accordance with the
country in which the product is sourced, along with the destination of delivery.
Indulge in Luxury only utilizes the services of leading international couriers to handle
and ship your products.
(b) Prior to shipping your purchase, our dedicated team will carefully handle your
product and package it without customized stationary alongside a little token of
appreciation from us to you. Our customized stationary can also be utilized as a
certificate of authentication proving your purchase from Indulge in Luxury.
(c) Once your order is ready for delivery, we will readily inform you of the process
and you will be provided with a tracking number via your nominated and preferred
method of contact.
(d) To ensure that you receive your items in the pristine condition in which it was
purchased and delivered, our dedicated team will undertake extra caution in wrapping
and sealing your product prior to shipping.
(e) If no-one is at the delivery address or there is limited access to the delivery address,
and a signature is not required for the delivery, the delivery agent may leave a
collection card with instructions on where to collect the Product.
(f) In the event of an exchange in product, the customer is liable to the delivery
costs associated with the exchange, albeit to and from our nominated facilities.
The team at Indulge in Luxury will provide the customer with a quotation of the
expected delivery costs prior to the exchange in product occurring.
(g) The additional delivery costs may vary between the delivery providers elected
by Indulge in Luxury.
4. Passing of Risk and Title
(a) Risk in the Product will pass to you on shipment of the Product from the Retailer.
(b) Title to the Product will not pass to you until Indulge in Luxury receives
payment in full for the Product.
5. Price and Payment
(a) When Indulge in Luxury accepts an order, we will charge you and you agree to
pay the Price for the Product and any applicable delivery fee on an upfront basis.
This will ensure your product is secured in your interests and will also preserve
Indulge in Luxury’s commercial position.
(b) Payments can be made in methods such as a Bank Transfer, Credit Card transaction
or through PayPal.
(c) The Price (which will include all applicable taxes payable to us and the Retailer
but will exclude any customs or import or export charges payable on entry into
Australia or out of Australia) will be processed in Australian Dollars. Where payment
is not received in full prior to us processing your order with the Retailer, we reserve
the right to amend the Price to reflect any changes in the exchange rate between
the Australian dollar and the currency used to acquire the Product.
(d) Unless we have agreed otherwise, you must pay for the Product Prior to the
Product being dispatched.
(e) At our discretion, we may agree to a payment plan with respect to the Price.
If we do, the terms and payment dates will be incorporated into these terms and
must be strictly complied with. If you do not make any payment owing by the
due date, Indulge in Luxury may charge an administration fee of $50 per week for
each week in which the payment is overdue.
(f) Payments can be made either via credit card (which incurs a 3% surcharge),
bank transfer, or via such other payment platform adopted by Indulge in Luxury
from time to time.
(g) If you make a payment via credit card, you agree that your payment will be
processed via Stride. We do not receive details of your credit card directly and
cannot be held liable for any issues arising from the processing of your card.
6. Refunds
(a) You are entitled to a refund if you cancel an order within 24 hours of acceptance,
and only if Indulge in Luxury is able to cancel the order with the Retailer. If a refund
is processed, Indulge in Luxury will refund you the price you paid for the products,
by the payment method you used.
(b) Other than under clause 6(a), you acknowledge that, to the extent permitted by
law, you are not entitled to a refund if you change your mind after placing an order
for a Product and are liable to pay the full Price for that Product.
(c) Indulge in Luxury does not accept returns or exchanges unless the item contains
a major defect such as:
I. The item is not fit for its intended purpose, or
II. The item does not directly correspond with that of what it was
initially advertised or represented.
(d) In the event Indulge in Luxury accepts to exchange a product, then a request
ought to be made strictly within 5 days to Indulge in Luxury. A fixed service fee of
$150.00 (AUD) will also be incurred by the customer on account of services
rendered in connection to the exchange.
(e) Each retailer of which engages in a transaction with Indulge in Luxury is bound
by their own unique return and refunds policy. Upon request, we will provide you
with those policies and procedures.
7. Disclaimer
(a) Indulge in Luxury, its agents, officers and employees:
I. Make no representations, express or implied, as to the accuracy of the
information and data contained on its website and Instagram page and
all information is made available on an “as is” basis;
II. Make no representations as to the availability of products sourced from
Retailers; and
III. Make no representations, either express or implied, as to the suitability
of the products for any particular purpose.
(b) You acknowledge that all images and descriptions of the Products are based
on descriptions provided by Retailers and Indulge in Luxury makes no
representations and accepts no liability for Products which fail to correspond
with any descriptions of Products provided by Retailers.
(c) Indulge in Luxury will not be liable to you if the supply of the Products is
delayed due to an event outside of our reasonable control.
(d) All liability is excluded to the maximum extent permitted by law.
(e) You acknowledge and agree that:
I. We may locate Products from overseas suppliers that may not be subject
to the same or similar consumer protection laws as those in Australia;
II. Indulge in Luxury is not an importer, distributor, or reseller, will be
acquiring a Product from the Retailer on your behalf and is not, to the
maximum extent permitted by law, liable for any defect, warranty claim,
loss or theft of any Product; and
III. To the extent a Product is defective, you may be required to engage
directly with the Retailer to resolve any claim.
(f) Unless stated so, we are not affiliated with any of the bands we sell, nor do
we claim or assert any rights to the extent of the content published for inspiration
unless otherwise stated.
8. Authenticity of Products
We warrant and ensure that all products purchased and acquired through Indulge in Luxury are strictly authentic. Our global team undertake authenticity checks on every pre-owned product prior to its dispatch to you.
All acquisitions and purchases of brand-new products are acquired directly through its respective boutique of which all relevant certificates of authenticity, together with warranty are included within your purchase.
The team at Indulge in Luxury have a zero-tolerance counterfeit policy of which is strictly adhered to.
9. Privacy
When sourcing Products on your behalf, Indulge in Luxury may need to share your personal information with the Retailers for the limited purpose of processing an order and delivering the Products. Any personal information will be collected, stored, and processed in accordance with the Privacy Act 1988 (Cth) and any other applicable legislation.
10. Australian Consumer Law
If the Australian Consumer Law applies to the supply of goods or services, Indulge in Luxury acknowledges and agrees that its goods and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law will apply:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
To cancel your service contract with us; and
To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time should rectification be a suitable remedy.
11. General
(a) New South Wales Law governs these terms. Each party irrevocably submits to
the non-exclusive jurisdiction of the New South Wales courts and courts competent
to hear appeals from those courts.
(b) If any provision of these terms is illegal or unenforceable it may be severed, and
the remaining provisions continue in force.