Terms and
conditions for orders by telephone or via Lusia website
Lusia International TERMS OF USE
For further information, please contact our client
services team on: +61 402156322 (local rate)
PRELIMINARIES
These are the terms and conditions of sale
("Conditions") of Lusia International whose registered office is 189-191 Wentworth Street Port Kembla NSW 2505 Australia (ABN 97531450775). These terms will
apply to all purchases of goods in Australia when you order via our website
(www.lusia.com.au) (our "Website") or by
telephone using our client services team. Please read this document carefully
before placing your order.
By placing an order by telephone through our client
services team, you confirm your unconditional acceptance of these conditions.
By accepting the terms and conditions when confirming
your order, you confirm your unconditional acceptance of these conditions.
Please note that:
Not all items featured in our catalog, on our
website, in advertisements or fashion features are available by telephone order
or via our website. Please consult our website to check whether the goods are
available via telephone or website order.
We may change these conditions from time to time. The
latest version of these conditions is available on our website. The conditions
which appear on our website at the time you place your order are the TERMS AND
CONDITIONS FOR ORDERS PLACED BY TELEPHONE OR VIA THE LUSIA INTERNATIONAL
HANDBAGS WEBSITE
For further information, please contact our client
services team on: +61 402156322 (local rate)
1. SCOPE
1.1 In these conditions:
1.1.1 "Customer" means a person acting as a
consumer who is purchasing goods outside the course of his or her business or
trade;
1.1.2 "you" means the customer submitting an
order for goods;
1.1.3 "Goods" means the goods to be supplied
under these conditions;
1.1.4 "Party" means either you or us;
"Parties" means you and us;
1.1.5 "Writing" means letter, fax or email.
1.2 The contract for supply of goods
("Contract") will be formed when we accept your order. Acceptance of
an order by us can only be made in Writing save where ordering goods over the
telephone. Once the Contract has been formed with you we will file it in paper
copy for our records. All orders are subject to availability.
1.3 Orders may only be placed by customers aged 18 and
over.
1.4 These conditions and any matters referred to on
our receipt form the entire understanding between you and us and supersede any
prior promises, representations whether by statements or conduct (except where
the representation was fraudulent) or undertakings.
1.5 Any omission or error in any sales literature, or
in any advertisement whether in newspapers, magazines, on the Internet or
otherwise or in any invoice or other document issued by us may be corrected by
us without liability.
1.6 By accepting the contract you confirm that you are
a customer in Australia.
1.7 Clause headings are for convenience only and do
not affect the interpretation of these conditions. Words in the singular
include the plural and vice versa.
2. IDENTIFICATION OF THE OFFER OR
Lusia International (ABN 97531450775) whose registered
office is 189-191 Wentworth Street Port Kembla NSW 2505 Australia (referred to in these terms
as "we" or "us").
3. INFORMATION RELATING TO GOODS
Information on the range of goods sold via our
telephone order service or via our website is available, with product
references, in all Louis Vuitton stores and on our website. All orders are
subject to availability. Note that "Mon Monogram" personalized goods
may be ordered via our website but not via our telephone order service.
4. ORDERS
4.1 Orders by telephone
Orders can be placed in English with our client
services team by calling telephone number 0402156322(local rate), 9 am to 6 pm
during Monday to Sunday excluding public holidays (Australian Eastern time).
4.2 Orders via our website:
4.2.1 Orders can be placed through the Australian
section of our website. You will be responsible for paying any costs of
connection to our website.
4.2.2 The Terms of Use applicable to the website will
apply in respect of any order placed through the website.
4.2.3 We try to ensure that the information posted on
the website is correct and up-to-date. We reserve the right to change or make
corrections to any of the information provided on this website at any time and
without any prior warning. We cannot, and do not, guarantee the correctness,
precision, thoroughness or completeness of any of the information available on
this website, nor will we be liable for any inaccuracy or omission concerning
any of the information provided on this website. All images, illustrations and
descriptions of the goods are for information only and you are advised to
contact our client services team for further information about the goods.
4.2.4 To the maximum extent permitted by law, we make
no representation or guarantee that this website will be free from loss,
destruction, damage, corruption attack, viruses, interference hacking or other
security intrusion and we disclaim any liability relating there to. We do not
give any warranty for the accuracy, suitability, reliability, completeness,
performance, fitness, freedom from viruses or timeliness of the content or
services contained on our website.
4.2.5 We will not be responsible for any damages
(including without limitation loss of profit or loss of use) arising out of
your use or delay or inability to use our website, its content or any link to
another website arising in contract, tort (including negligence) or otherwise,
except to the extent any damages arise due to the negligence, willful misconduct
or breach of these conditions by us.
4.2.6 When placing an order on our website, you will
be required to complete certain required fields on an order form. All steps
necessary for placing an order are detailed on our website.
4.2.7 In the event prolonged inactivity causes your
connection to our website to fail, your selection of goods may be lost. In such
case, you will be required to re-enter your selection.
4.2.8 When using our services, any designs created by
you will only be retained while your web session is in progress. If you log out
before completing an order, you will be required to recreate your designs when
you next log in.
4.2.9 Before you submit your order, you will be given
the opportunity to review your selection, check the total price of your order
and correct any input errors. All information on our website is an invitation
to treat only and is not an offer or unilateral contract. Your order represents
an offer by you to purchase the goods. We will acknowledge receipt of your
order without delay by sending a confirmation email. Please note however that
such confirmation email does not constitute acceptance of your order.
4.2.10 The sale will only be binding on us once we
have notified you that the order is accepted and the goods have been dispatched
by us. This means that if goods are shown on our website but are not available
or are incorrectly priced or otherwise incorrectly described, we shall not be
obliged to sell you such goods.
4.2.11 You will only be charged for goods which have
been dispatched to you.
4.2.12 In the case of personalized goods only, you
will be charged once you have submitted your order and it has been received by
us. We will inform you by email once the personalized goods have been
dispatched.
5. PRICE
5.1 The price of the goods you order will be notified
to you by telephone before you place your order or shown on the website before
you confirm your order and will be confirmed on the written confirmation that
you will receive when the goods are delivered. All prices are in Australian
dollars $AU and inclusive of GST (except where otherwise stated on our website
or notified to you by telephone).
5.2 If an error is found in the price of goods you
have ordered, we will inform you as soon as possible and offer you the option
of reconfirming your order at the correct price or cancelling your order. If
you cancel, we will refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
5.3 You must pay to us any amount ("GST
Amount") which is payable by us on account of a goods and services tax,
value added tax or any other similar tax ("GST") as a consequence of
any supply made or deemed to be made or other matter or thing done under or in
connection with these Conditions. The GST Amount must be calculated by
multiplying the amount on which the GST is calculated by the prevailing rate of
GST. You must pay any GST Amount at the same time and in the same manner as
making any payment on which the GST Amount is calculated. You must pay any
amount you are required to pay under this clause in full and without deduction.
6. PAYMENT
6.1 You must pay for the goods prior to their dispatch
to you or, for Click & Collect orders. Payment must be in Australian
dollars $AU. The following credit cards are accepted: Visa, MasterCard.
Payment via PayPal is also accepted.
6.2 Your credit card will be debited at the time the
order is prepared. You must confirm to us the name which appears on the credit
card to be debited, give the card number and the expiry date as shown on the
front of the card, as well as the security code on the reverse of the credit
card. We undertake to keep this information strictly confidential.
6.3 To ensure that your credit, debit or charge card
is not being used without your consent, we will validate name, address and
other personal information supplied by you during the order process against
appropriate third party databases. By accepting these terms and conditions, you
consent to such checks being made. In performing these checks, personal
information provided by you may be disclosed to a registered Credit Reference
Agency which may keep a record of that information. You can rest assured that
this is done only to confirm your identity, that a credit check is not
performed and that your credit rating will be unaffected. All information
provided by you will be treated securely and strictly in accordance with the
Privacy Act 1988.
6.4 In the event that the sum due from you has not
been debited for whatever reason (including, without limitation, stopped
payment, refusal by the issuer of the card, or technical failures), the sale
will be cancelled immediately. In the event that the goods have already been
dispatched to you, you will remain responsible for payment and we reserve the
right to process your payment at a later time or require payment via an
alternative payment method.
7. DELIVERY AND CLICK & COLLECT
7.1 The goods you order will be delivered during
normal business hours once payment has been confirmed to the address which you
give to us when you place your order.
7.2 If there is no one at the address given who is
competent to accept delivery of the goods, you will be asked to contact our
client services in order to arrange an alternative delivery date to collect the
goods.
7.4 No delivery will take place unless payment for the
goods has been received. Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. Any delivery date or time
specified by us is a best estimate only and we will not be responsible for any
loss or damage suffered by you through any reasonable or unavoidable delay in
delivery. We will aim to deliver the goods within 7 days using Australia Post.
7.5 Please note that all packages containing goods to
be delivered to you will be weighed by us prior to their dispatch.
7.6 Ownership of the goods and the risk for damage to
the goods passes to you upon delivery.
7.7 If, at the time of delivery of delivered goods,
the packaging for your goods is damaged, you are required to open the package
in the presence of the carrier in order to verify the condition of the goods.
In the event of damage to delivered goods, you should note the details on the
delivery note and contact the client services team (see clause 10 below).
8. LIMITATION OF LIABILITY
8.1 To the full extent permitted by law and subject to
clause 8.4.4, we will not be responsible to you under the Contract or otherwise
at law for:
8.1.1 any losses which are not reasonably foreseeable
by both Parties when the Contract is formed arising in connection with the
supply of goods and related services or their use by you.
8.1.2 any losses which are not caused by any breach by
us;
8.1.3 business or trade losses.
8.2 To the full extent permitted by law and subject to
clause 8.4.4, our entire liability in connection with the Contract will not
exceed the purchase price of the goods in question.
8.3 Nothing in this Contract means that our liability
to you.
8.4 We shall repair or replace, free of charge any
goods damaged or lost in transit where delivery has been made. provided that:
8.4.1 you give us written notification via email at [email protected]
or by mail at Lusia International, 189-191 Wentworth Street Port Kembla NSW 2505, Australia
of such damage or loss within 24 hours of the delivery date in the case of
damage and within 24 hours of the anticipated delivery date notified to you at
the time you placed your order in the case of loss, in order that we may comply
with Australia Post conditions of carriage;
8.4.2 If we accept your claim, we will bear the cost
of repair or replacement and of sending you your repaired or replacement goods.
If we do not accept your claim, we will notify you and (in the case of damaged
goods) make the goods available for collection. If, in such circumstances, you
wish us to repair or replace your goods and/or send them back to you, we will provide
you with details of the costs of doing so, as well as details of our repair
policy.
8.4.3 Your right to a repair or replacement under
clause 8.4 above is in addition to and not in substitution of any other rights
and remedies you may have under laws applicable to the goods. 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.
8.4.4 The limitations on our liability contained in
these Conditions is made to the full extent permitted by law. Nothing in these
Conditions restricts the effect of the guarantees referred to in clause 8.4.4
above, or any other law which cannot be excluded, restricted or modified.
9. EXCHANGE OF GOODS
9.1 In addition to your legal rights, we operate an
exchange policy for our customers in respect of items delivered), subject to
the following conditions:
Within 30 days following the date of delivery. You may
choose to:
9.1.1 If you have changed your mind about an item, you
must return the items in question in their original packaging, complete with
any related accessories or instruction booklets, labels, protective covers and
boxes, together with the original invoice. Items should be returned to the
following address: 189-191 Wentworth Street Port Kembla NSW 2505, Australia.
9.1.2 You can also exchange your products within our
stores in Australia and abroad (with the exception of India, Russia, Ukraine,
China, Brazil, Lebanon, Argentina or Mexico. Special regulations are applied in
Korea, Taiwan and Venezuela). Please note that, in order for a store to accept
a product for exchange, the store should have this product category in its
offer.
No exchange will be offered for goods that are
returned by the customer incomplete, damaged or soiled. You must take
reasonable care of the goods if you wish to return them exercising your
consumer rights under this section.
9.2 In the event that goods are exchanged, the initial
sale will be cancelled. The new transaction payment will be set off against the
amount of the preceding sale. Any credit balance will be either re-credited
directly to your bank account or a credit card or a credit note will be issued
to you. Any additional payment will be debited directly from your credit card.
9.3 In the event that goods are exchanged by post, the
new sale will be subject to these conditions.
9.4 Nothing in this clause 9 will affect your rights
referred to in clause 8.4.4 above. This exchange policy is in addition to those
rights and is not intended to exclude or limit those rights.
10. FURTHER INFORMATION
For further information relating to these conditions,
or the goods themselves, you should contact our Client Services team on:
0402156322
11. INTELLECTUAL PROPERTY RIGHTS
11.1 As between you and LI, you acknowledge that LI
owns or has a license to all title and copyrights in and to the content
provided on this website. All title and intellectual property rights in and to
the licensed content provided on this website is the property of the respective
content owners and may be protected by the applicable copyright or other
intellectual property laws and treaties and subject to use restrictions under
such laws or treaties.
11.2 The "Lusia" trade mark as well as all
trademarks, whether they are figurative or not, and all other marks,
illustrations, images, and logos which appear on our products, accessories or
packaging and/or used in connection with the sale and distribution of Lusia
International products, whether registered or not are and remain the exclusive
property of Lusia International. Any reproduction, whether complete or partial,
modification or use of these marks, illustrations, images and logos, for
whatever reason and in whatever medium, without our written, express and prior
agreement, is strictly prohibited, as in any combination or use in conjunction
with any other mark, symbol, logo and more generally any distinctive sign
intended to form a composite logo.
12. DELAY OR FAILURE TO PERFORM
Subject to the second paragraph of this clause, we
shall not be responsible to pay you any compensation or give you a refund if we
are prevented or delayed in the performance of any of our obligations to you if
this is due to any cause beyond our reasonable control including (without
limitation): an act of God, explosion, flood, fire or accident; war or civil
disturbance; strike, industrial action or stoppages of work; any form of
government intervention; a third party act or omission; failure of our
supplier(s); failure by you to give us a correct delivery address or notify us
of any change of address.
We will inform you of any such unforeseen event or of
force mature within seven days of its occurrence. Should this interruption
continue beyond a period of two weeks, you will be entitled to cancel the
order, and we will refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the Goods.
13. USE OF YOUR INFORMATION
The holding and using of personal information provided
to Lusia International, is governed by the Privacy Policy posted on the website
at privacy policy. Please read this Privacy Policy to understand how we use and
protect the information that you provide to us. By placing an order on the
Website, you consent to the collection, use and transfer of your information
under the terms of the Privacy Policy. All comments, queries or requests
relating to our use of your information are welcome and should be addressed to
here.
14. GOVERNING LAW
14.1 The Contract is governed by the laws of New South
Wales, Australia and the Courts of New South Wales shall have the non-exclusive
jurisdiction to resolve any disputes arising out of or under it.
14.2 No waiver by us of any breach of the Contract by
you is considered as a waiver of any subsequent breach of the same or any other
provision.
and conditions which apply to your order,
These conditions can be saved electronically or
printed by all users of our website. Whilst they remain posted on our website,
these conditions will apply to all transactions carried out via our website and
by telephone.