Terms & Conditions

This Site is owned and operated by Reluxious Pty Ltd ACN 666 042 306, with outsourced technical support. By accessing this Site and making any purchases from it, you are agreeing to the Terms and Conditions outlined below. If you do not agree to these Terms and Conditions, please do not access or use this Site.

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1. DEFINITIONS
The following terms and phrases used in these Terms and Conditions are defined as follows, unless stated otherwise:

(a) “Fees” refers to the relevant fees, if any, outlined on the Site that must be paid by you to access and receive the services offered on the Site;

(b) “Intellectual Property Rights” encompasses all current and future rights granted by law, common law, or equity in relation to copyrights, service marks, trade marks, designs, patents, know-how, circuit layouts, software, business and domain names, inventions, and other intellectual property;

(c) “Privacy Policy” refers to our Privacy Policy located at the end of these Terms and Conditions;

(d) “Site” refers to any site owned by us and all its parts and pages;

(e) “Software” refers to any software that is required for, relevant to, or used in conjunction with the Site, including but not limited to object and source codes, copyrights, inventions, discoveries, novel designs that may or may not be registrable as designs or patents, and any inventions, developments, or improvements to equipment, technology, methods, or techniques related to the software;

(f) “us” or “we” refers to Reluxious Pty Ltd ACN 666 042 306;

(g) “you” refers to the individual or entity accessing the Site, and “your” will be interpreted accordingly.

 

2. ACCESS TERMS
(a) Your use of this Site is governed by a non-exclusive license granted by us and is subject to these Terms and Conditions.

(b) You acknowledge and agree that as a result of being granted this non-exclusive license, you will not acquire any rights, including but not limited to Intellectual Property Rights, in the Software or Site other than the non-exclusive rights outlined in these Terms and Conditions.

(c) This Site is only available to, and may only be used by, individuals who are legally capable of forming binding contracts under their applicable law. Our services are not intended for use by individuals under the age of 18. If you do not meet this requirement, please do not use our services.

(d) To use this Site, you will need the necessary equipment and connections to access the World Wide Web. You are responsible for:

    (i) Providing the connection or access to the World Wide Web;

    (ii) Paying any fees associated with this connection or access (such as those charged by an internet service provider or other online service); and

    (iii) Providing all necessary equipment, including a computer and modem, to make the connection to the World Wide Web.

(e) Upon your compliance with these Terms and Conditions, we may grant you a non-exclusive, non-transferable license to use the Site under these Terms and Conditions.

 

3. BROWSING AND PURCHASING
(a) We guarantee that all products available for sale on our Site are authentic.

(b) The handbags and other products for sale on our Site are pre-owned and are described in detail on their respective product pages, including their condition. We cannot guarantee the previous use or life expectancy of the products, other than what we have observed through our own inspection. We do not make any warranties or representations regarding these factors.

(c) We have made every effort to accurately depict the handbags and products through photographs and descriptions, and to disclose any condition aspects that we are aware of. The color of the products may appear differently in photographs due to lighting variations.

(d) We are not affiliated with or associated with the designers/companies whose pre-owned products we sell, and we do not claim to be. The trademarks of those designers/companies belong to them as the rights holders.

(e) If you purchase a handbag or wallet from us and wish to return it due to changing your mind, you may do so in accordance with our Return Policy. Please note that watches and jewelry are not eligible for change of mind returns. Our change of mind returns are provided as a courtesy and if a customer misuses this by excessively returning items or attempting to re-sell the item before seeking a return, they will no longer be eligible for returns. Bags and wallets returned in accordance with our Return Policy will receive a full refund, excluding any international shipping fee paid on international orders. To initiate a return, you must notify us by email and have the item shipped back to us by 5pm (AEST) on the final day of the return period. The return period begins on the day the item is delivered, and ends at 5pm (AEST) on the final day of the period, unless there is a delay in collecting the item from a delivery location or a delay during customs processing for international orders. In such cases, the return period will be reduced proportionately to the number of days of the delay. You must comply with our directions for return shipment immediately after the return is initiated, and the item must be shipped back by the final day of the return period.

(f) If we are unable to fulfill an order for a product that you have purchased from us, we will immediately issue a full refund of any payment you have made. We reserve the right to cancel an order for any reason, and in such a case, we will issue a full refund of any payment made.

(g) After purchasing, we will ship the product to you by either courier or post. You or another person at your designated address must sign for the product to confirm receipt. You are responsible for ensuring that the person signing for the product is authorized to do so. Once the product has been received, the risk and title of the product will be transferred to you.

(h) If you consign an item through our Site, your consignment will be subject to our Consignment Terms. We reserve the right to decline an item for consignment for any reason.

(i) If you sell an item to us, your sale will be subject to our Selling to Us Terms. We reserve the right to decline an item for sale for any reason.

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4. PAYMENT OF FEES
(a) Payment for all fees listed on the site must be made at the specified time.

(b) The retail price of a product mentioned on the site refers to the current price of the item or the last retail price if the product has been discontinued. These estimates are for general reference only and it is your responsibility to research and verify the retail price before making a purchase on the site.

(c) For sales within Australia, the specified price of a product includes shipping fees, taxes, and charges. For international sales, a separate shipping fee is required in addition to the product price, and you are responsible for any taxes, duties, and other charges associated with importing the product into your country. You must also comply with any importing procedures in your country to receive the product.

(d) If we use a third-party provider for payment processing, you will be directed to them during payment. All payments are subject to the third-party provider's terms and conditions and policies, which you should review before making payment. 

 

5. USE OF SITE
(a) When using the site, you must not:
    (i) Share your username or password with unauthorized third parties.
    (ii) Download, store, reproduce, transmit, display, copy, distribute, or use the software or any materials on the site, except for research or personal use, or as otherwise authorized by us.
    (iii) Sub-license, rent, lease, transfer, or attempt to assign the rights in the site or the software to any other person. Any unauthorized dealings will be ineffective.
    (iv) Make the site available on a network.
    (v) Use the site or the software for any purpose other than what is permitted by these terms and conditions.
    (vi) Allow anyone else to use the site except in accordance with these terms and conditions.
    (vii) Upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may harm the site or another person's computer or property.
    (viii) Input any material that is subject to intellectual property rights of us or any third party.

(b) You must keep your username, password, and any other account names, tokens, or login identifications secure and confidential. If there is any unauthorized use of your username or password or any other security breach, you must notify us immediately.

 

6. SYSTEM INTEGRITY AND USER CONDUCT
(a) You agree to not use this Site or any other of our communication media, including social media, for the following actions:
    (i) Impersonating or falsely representing yourself or your affiliation with any person or entity.
    (ii) Inputting, uploading, posting, disclosing or transmitting any material that is defamatory, obscene, inappropriate, pornographic, violent, abusive, insulting, threatening, harassing, or misleading or deceptive.
    (iii) Inputting, uploading, posting, disclosing or transmitting any material that infringes upon the Intellectual Property Rights of the company or a third party, or breaches any confidentiality or contractual obligation owed to the company or a third party.
    (iv) Inputting, uploading, posting, disclosing or transmitting any material that is illegal or violates any laws.
    (v) Sending junk, obscene, inappropriate, offensive, or threatening electronic mail or email that violates the Spam Act 2003 to any person or company.
    (vi) Falsifying or deleting any attributions, legends, or other proprietary designations of origin or source of any content of the Site.
    (vii) Conducting, displaying, or forwarding surveys, contests, pyramid schemes, or chain letters.
    (viii) Interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site.
    (ix) Attempting to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
    (x) Committing forgery (or attempted forgery), harassing any individual, or harming minors in any way.
    (xi) Collecting, storing, inputting, uploading, posting, disclosing or transmitting personal information or data about others, including, without limitation, tax file number information and email addresses.
    (xii) Breaching the Privacy Act 1988 (as amended from time to time), or the Australian Privacy Principles.
    (xiii) Contravening or breaching any applicable state, Commonwealth or international law, convention or regulation.

(b) You agree to not:
    (i) Use the Site for any purpose other than its intended purpose.
    (ii) Commit or permit any actions that may interfere with the use of the Site by any other user.
    (iii) Tamper with, hinder the operation of, or make unauthorized modifications to the Site or any part thereof.
    (iv) Copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, license or sublicense the software or any content within the Site or any part thereof.
    (v) Damage, modify, alter, adapt, disassemble, reverse engineer, decompile, or amend the software or any content within the Site or any part thereof in any way.

(c) You acknowledge and agree that any material contributed by you on our Site, Facebook or other media may be removed by us at our discretion and we shall accept no liability for any loss or damage caused by or in connection with such removal.

(d) You must not, without prior written consent of the company which may be given, given with conditions, or withheld at our absolute discretion:
    (i) Affix or otherwise display your name or logo on the content of the Site in a way that suggests a direct or indirect association with the company and/or any content provider to the software or the Site.
    (ii) Use another user's username or password without permission.

 

7. LINKS AND ADVERTISING
(a) This Website may contain links to third-party websites. We do not control these websites and are not responsible for their content or any transmissions received through them.
(b) Neither we nor our officers, directors, employees, agents, or affiliated companies endorse or recommend the content of any third-party websites linked to or from this Website, or the products or services of any third-party organizations mentioned or described on this Website or linked to or from it. You access any third-party website at your own risk.

(c) This Website may contain advertisements for third-party products and/or services. The third-party advertisers are responsible for the accuracy of all representations made in these advertisements. Neither we nor our officers, directors, employees, agents, or affiliated companies endorse or recommend the products or services advertised on this Website, nor do we offer these products or services for sale or make any other representations about them. If you choose to purchase a product or service advertised by a third party on this Website, you do so at your own risk.

(d) You may link this Website from another website not owned or operated by us, but only with our prior written consent. We reserve the right to block or disallow such links at our discretion.

 

8. INTELLECTUAL PROPERTY RIGHTS
(a) The information, names, text, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Website (collectively, the "Content") is protected by intellectual property rights.

(b) The Content, the software, and this Website are protected by copyright laws and other intellectual property rights. You acknowledge that we, along with our affiliates or other third-party licensors, are the owners of these rights.

(c) All product and company names and logos contained within this Website are the trademarks, service marks, or trading names of their respective owners, including us.

(d) You acknowledge and agree that no rights, title, or interest in any of the intellectual property rights in the Content, software, or this Website is transferred or granted to you, except for the rights granted expressly by these Terms and Conditions.

(e) You agree that:

    (i) Clause 6 applies to the Content;

    (ii) Any intellectual property rights created, formulated, or discovered by you through the use or access to the software or this Website will be the sole and exclusive property of us, including but not limited to any content, work, or material created, formulated, or developed by you and submitted through the use or access to the software or this Website;

    (iii) You will promptly sign all necessary documents and take all necessary steps to register, vest, or transfer any interest or ownership in the intellectual property rights created to us.

 

9. ENGAGEMENT AND FEES
(a) Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and us, including that of client and agent.

(b) Any Fees indicated on the Site are subject to change without prior notice.

 

10. INFORMATION PROVIDED AND PRIVACY
(a) Our Privacy Policy is part of these Terms and Conditions and using our site constitutes acceptance of our Privacy Policy and Terms and Conditions.

(b) Violating Our Privacy Policy constitutes a violation of these Terms and Conditions.

(c) In addition to Our Privacy Policy, the following applies to any information you provide us:

    (i) You must ensure that any personal information you provide us is accurate.

    (ii) By accepting these Terms and Conditions, you agree to the use of your personal information for the purpose of providing the Site.

 

11. CONFIDENTIALITY
(a) We will keep your personal information confidential and will not disclose it to any person without your written consent.

(b) This clause 11(a) will not apply to:

    (i) information that we are required to disclose by the Australian Taxation Office, a competent court, any government body, applicable regulatory authority, or any other person or body with the right, duty, or obligation to request such information, and only in accordance with such right, duty, or obligation.

(c) This clause 11 will remain in effect even after termination or expiration of your use of the Site.

 

12. WARRANTIES
(a) We do not guarantee that:

    (i) the software or the Site will provide any functions beyond what it was specifically designed for.

    (ii) the software or the Site will provide a minimum level of performance.

    (iii) the software or the Site will be free from viruses or performance anomalies, or will be operational without interruption.

(b) You warrant to us that at the time of accessing the Site, you were not relying on any representation made by us.

(c) To the extent permitted by law, and unless otherwise stated, we make no representations or warranties of any kind, express or implied, regarding the operation or results of accessing the software or the Site (including any linked websites), or the correctness, accuracy, timeliness, completeness, or reliability of the information, content, materials, or products included on the Site.

 

13. DISCLAIMER AND LIMITATION OF LIABILITY
(a) We provide this Site "as is" without any express or implied warranty of any kind.

(b) The Software or Site may contain inaccuracies or typographical errors.

(c) The World Wide Web operates across open public networks that are not secure or private. Therefore, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used, or modified by third parties.

(d) We may change any content on the Site at any time without notice and do not make any commitment to update any material on the Site.

(e) If you purchase products from the Site, you acknowledge that such products are not in a new condition and are sold in the pre-owned condition listed on the Site for each product. You acknowledge that the "price if new" specified for a product on our Site is an estimate only based on our reasonable enquiries, and the actual price of that product if new may vary.

(f) You are responsible for evaluating the reliability, accuracy, completeness, timeliness, suitability, quality, physical state, or suitability for a specific purpose of the content on or accessible through the Site.

(g) You accept all risks and responsibility for all loss, damage, costs, and other consequences resulting from your use of the Site or the content on or accessible through the Site.

(h) You release us and our officers, directors, employees, agents, or affiliated corporations from any liability for any loss or damage, including without limitation loss of information, indirect, special, punitive, or consequential losses or damages arising from the use or inability to use or reliance on the content or information available on or accessible through the Site, even if we have been advised of the possibility of such damages and whether or not caused by any negligent act or omission.

(i) Without limiting clause 13(g), you release us from any loss or damage (including indirect, special, or consequential loss or damage) arising from the use of or reliance on the Software or Site, whether or not caused by any negligent act or omission, including but not limited to:

    (i) your reliance on the Software or Site;

    (ii) statements or actions of any employee or agent of ours;

    (iii) unauthorized access to or alteration of your transmissions or data;

    (iv) any information sent or received or not sent or received;

    (v) any failure to store or loss of data, files, or other content;

    (vi) your fraudulent, negligent, or otherwise unlawful behavior;

    (vii) any delay or interruption of the Software or Site;

    (viii) any loss incurred as a result of a third party obtaining your access details, either with or without your knowledge; or

    (ix) any loss or damages relating to the supply of services on or related to this Site and any advertisement placed on the Site or information made available on the Site.

 

14. RELEASE AND INDEMNITY
(a) By accessing and using this Site, you agree to release and hold harmless, indemnify, and keep indemnified Reluxious Pty Ltd and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses, costs, and third-party claims, liabilities, losses, damages, expenses, and costs arising from any claim, demand, suit, action, or proceeding in relation to or in connection with your use of the Site, the Software, the Content, or your failure to comply with these Terms and Conditions, or from your violation of any applicable law, or from access to the Site by a third party, either with or without your knowledge

 

15. UPGRADES
(a) You acknowledge and agree that these Terms and Conditions apply to updates, supplements, add-on components, or internet-based service components of the Software and Site, along with any other terms provided with the update, supplement, add-on component, or internet-based service component.

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16. BREACH AND TERMINATION
(a) We reserve the right to deny you access to or use of all or part of the Site without prior notice if you engage in any conduct that we believe, in our sole discretion, violates any term or provision of these Terms and Conditions, violates the rights of us or any third party, or is otherwise inappropriate for continued access and use of the Site.

We may terminate your right to access to or use of all or part of the Site immediately upon written notice to you if you:

    (i) Commit a material breach of these Terms and Conditions that is capable of remedy and fail to remedy the breach within a reasonable time of receiving written notice to do so.
    (ii) Commit a material breach of these Terms and Conditions that cannot be remedied.
    (iii) Are repeatedly in breach of these Terms and Conditions.
    (iv) Fail to pay any Fees or charges payable for access to and use of the Site according to these Terms and Conditions.
(b) Termination of your access to the Site shall not prejudice the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers, and limitations of liability set out in these Terms and Conditions will survive termination.

 

17. GENERAL
(a) The publication of electronic addresses on this Site is intended for professional communication only and should not be used to infer consent to receive unsolicited commercial electronic messages.
(b) We reserve the right to amend, update, or change the Site, including these Terms and Conditions, at any time without prior notice.

(c) We shall not be liable for any failure in the performance of our obligations under these Terms and Conditions due to strikes, riots, fire, explosion, acts of God, governmental action, or any other cause that is beyond our reasonable control, including technological failure or actions by third parties.

(d) These Terms and Conditions constitute the entire agreement between you and us regarding this Site, and supersede all prior or contemporaneous understandings or agreements, written or oral, related to the Site.

(e) No oral explanation or information provided by a party to another will affect the meaning or interpretation of these Terms and Conditions or create any collateral agreement, warranty, or understanding.

(f) If any provision of these Terms and Conditions is found to be invalid or unenforceable, it will be enforced to the maximum extent possible and will be deemed severed to the extent that it cannot be enforced. The remaining provisions of these Terms and Conditions will remain in full force and effect.

(g) Our failure to enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any right or remedy of ours in relation to any existing or subsequent breach of these Terms and Conditions.

(h) Any waiver of a provision of these Terms and Conditions by a party must be made in writing.

(i) These Terms and Conditions are governed by the law of Queensland, Australia. You hereby consent and submit to the non-exclusive jurisdiction and venue of the courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms and Conditions.

(j) Our Site is operated in Australia. Information contained on the Site may not be appropriate or available for use in other locations. If you access the Site from other locations, you do so at your own risk and are solely responsible for compliance with local laws.

(k) The obligations of the parties under these Terms and Conditions will indefinitely survive the finalization or discontinuance of these Terms and Conditions, where possible.

(l) These Terms and Conditions shall benefit and bind the parties and their heirs, executors, successors, and permitted assigns.

(m) The parties must execute and deliver all necessary documents and take all necessary actions to fully perform their respective obligations under these Terms and Conditions.

(n) The rights and remedies of a party under these Terms and Conditions are in addition to the rights or remedies conferred on the party at law or in equity.

(o) The contra proferentem rule and other rules of construction will not be applied to disadvantage a party, whether that party proposed the clause, was responsible for drafting all or part of it, or would otherwise benefit from it.

(p) Any notice or demand in writing required to be given by one party to the other shall be deemed served if:
    (i) served personally or by prepaid mail to the party's address;
    (ii) sent by fax to the party's fax machine;
    (iii) sent in electronic form by email to the party's email address; or
    (iv) published by notice on the Site.