Terms And Condition
Luxe Auctions - Terms & Conditions
Welcome to Luxe Auctions. These Terms and Conditions will apply:
General
(a) When you create an online bidding account with Luxe Auctions. (b) If you are bidding for an item and wish to purchase an item via our online auctions. (c) If you are the winning bidder and the buyer of the item at an online auction. (d) If you successfully purchase an item by private treaty following the staging of an online auction of the item. (e) If you wish to access our website for information on our online auctions and other information contained on our website.
You acknowledge that you have read and agree to be bound by these terms and conditions and any special conditions that may apply to the particular auction or the particular item.
Registration
All online bidders must create an online bidding account with Luxe Auctions and accept the terms and conditions for each auction they wish to participate in before bidding in an online auction. There is no cost to create an account or to become a registered bidder.
All online bidders must be 18 years or older and permitted by law to enter into a legally binding contract.
Registration requires completion of an online bidding registration form, including your full legal name, address, phone number, and email address. The bidder is the only party authorized to use their chosen username and password.
Luxe Auctions reserves the right to accept or reject any bidder’s online application at its sole discretion.
The Bidder is required at the time of registration to disclose valid credit card details to Luxe Auctions. Online entry of these credit card details by the Bidder is encrypted through an authorized 3rd party online payment gateway. The Bidder will only be eligible to bid on Items for Auction if the Bidder provides valid credit card details, with sufficient funds to make payment in full if successful at Auction. The Bidder authorizes Luxe Auctions to take all steps necessary to pre-authorize the credit card at the time of registration with a nominal amount and to charge winning Lots to the credit card in full if they are a successful Bidder/Buyer.
The bidder must ensure their credit card details remain valid. If the credit card of the bidder is past its expiry date, all bidding privileges will be suspended until updated credit card details are provided via the online Auction platform.
A Bidder can ask Luxe Auctions to unsubscribe the Bidder from the Luxe Auctions customer database and to cancel their online registration. All such requests must be submitted to Luxe Auctions by the Bidder in writing. Luxe Auctions will retain any website activity information including but not limited to bids placed and purchase history. The Bidder will not be authorized to cancel its registration if money is owed by the Bidder to Luxe Auctions.
It is the responsibility of the Bidder to maintain the confidentiality of their username and any passwords that the bidder has obtained in connection with the bidders access and use of the Auction service.
The Bidder must immediately notify Luxe Auctions if it becomes aware of any unauthorized use of its user name, password or personal details.
If a bidder has failed to protect the login details and password or has disclosed the details to any other party, or has allowed a person to access its personal details for bidding purposes, the bidder will remain liable for for all costs, fees, charges and other amounts and any loss or damage occasioned to Luxe Auctions as a result of the authorized use of the login or password or the Bidder’s personal details including but not limited to amounts payable to Luxe Auctions as a result of a successful online bid.
Should the Bidder use a false name, stolen or forged credit card, or provide any other fraudulent or misleading information, Luxe Auctions will refer the matter to the police and/or other authorities and may commence proceedings against the Bidder for any losses suffered as a result of such occurrence.
Online Bidding
It is the bidder’s sole responsibility to inspect desired items to their satisfaction prior to the commencement of the auction either in person or via digital means. Before placing a bid, the bidder must carefully read all the online details and descriptions of the item.
Each online auction will have a set start and end time. The auction times will be as specified on the website. A bidder is responsible for monitoring the online auction in which they are participating.
Luxe Auctions will set a minimum starting bid for each item. Subsequent bids must be at or above the starting bid.
All bids are final and cannot be reduced or canceled once submitted.
All items in online auction will be subject to a Buyers Premium.
Bidding on an item indicates the bidder's intention to purchase the item.
All bids placed via the website are executed immediately against the current highest bid.
If there are two bids for the same amount, the earlier of the two bids will take precedence. In the event of a dispute as to the bidding in respect of an item, Luxe Auctions shall have absolute discretion to settle the dispute as the sole arbitrator, and its discretion is final and binding.
The status of the Bidder’s Maximum Bid will be reflected in the Online Bidding System on the Lot indicating whether the Bidder’s bid is the current highest bid or if it has been outbid.
Luxe Auctions has the sole right to:
- refuse any bids
- place a reserve on any item
- not disclose the reserve amount
- bid on behalf of any purchaser with or without disclosure
- withdraw any lot for sale for any reason whatsoever including but not limited to if the Lot is incorrectly described, or is incorrectly priced or is unavailable
- require a successful Bidder to pay a deposit, pay forthwith the whole or part of any of the purchase price, at the sole discretion of Luxe Auctions.
- refuse any person or entity access to the online auction
If the Bidder is the highest successful online bidder at the end of the auction for that particular lot, the Bidder will be the winning bidder and the buyer of the item. A binding contract is deemed to have been entered into at this point between the buyer and Luxe Auctions.
The Buyer will be notified by email when the auction closes that they are the winning bidder.
The buyer will be responsible for paying Luxe Auctions all the following amounts:
- the full price of the item
- a Buyers premium of 15%
- GST
- credit card charges (if applicable)
- delivery and insurance charges (if applicable)
- government charges or fees (if applicable)
- any other charges or expenses (if applicable)
All bids are deemed to be inclusive of Australian GST
The Buyer acknowledges and warrants to Luxe Auctions that prior to making a bid or an offer for an item at the online Auctions, that it has the money immediately available to complete the purchase.
Payment and Shipping
Payment is to be made immediately following the end of the online auction or if sold by private treaty, immediately when the agreement has been reached.
All bidding and invoice amounts are in Australian Dollars.
Payment can be made by cash, Visa, MasterCard, American Express, Bank Transfer or any other method accepted by Luxe Auctions.
The Buyer authorizes Luxe Auctions to effect immediate of the total purchase price by authorized credit card deduction as soon as the Auction closes.
The Buyer can apply to Luxe Auctions, prior to the commencement of the auction, to affect payment of the total purchase price by an authorized credit card deduction immediately after the closure of the auctions of an amount equivalent to 40% of the total purchase price, and for the remaining 60% of the total purchase price to be paid by authorized credit card or direct deposit into a bank account nominated by Luxe Auctions. Payment of the remaining 60% must be made within two (2) business days following the conclusion of the auction.
Title will only pass to the buyer when the total purchase price is paid in full. Luxe Auctions has the right to withdraw the contract for sale at any time until full payment is received.
Items can be collected by buyers from Luxe Auctions' head office at Level 57, 25 Martin Place, Sydney NSW 2000, Australia, or shipped to buyers once a delivery address has been confirmed. All collections must be by prior appointment during business hours.
If a Buyer fails to pay for an item within 21 days of the date of the Auction, Luxe Auctions has the right to deem the sale null and void and cancel the sale of the item to the buyer.
Dispatch of an item will usually occur with 10 business days from the closure of the auction subject to credit card security verification and full payment of the purchase price is received.
International shipping is available with items insured whilst in transit.
For all international shipping the Buyer is responsible for all customs clearing charges, duties, taxes and other locally imposed charges by their country.
An email will be sent by Luxe Auctions to the registered email address of the Buyer, with a tax invoice attached to confirm the delivery address information. Items will not be dispatched before the delivery address confirmation is received.
Risk will pass to the Buyer on delivery of the Item to the Buyer. The Buyer assumes all risk in relation to the item, once it has been successfully delivered.
If the item cannot be delivered to the Buyer despite the attempt of Luxe Auctions, risk will pass to the buyer when the item was first attempted to be delivered to the Buyer.
Damaged or Lost Items
If an item is damaged during delivery, Luxe Auctions may repair the item or refund the buyer. If Luxe Auctions is not satisfied that the item was damaged during delivery, the item will be returned to the buyer.
Luxe Auctions shall not be liable for any amount exceeding what was paid by the buyer for the item in case of loss or damage during delivery.
No Refunds or Exchanges
All sales are final. No refunds or exchanges will be given except as outlined in the conditions for damaged or lost items.
Termination
Luxe Auctions may suspend or terminate a bidder’s access to the website or bidding privileges if they fail to comply with these terms and conditions.
Jewellery
Items may be accompanied by an independent valuation. These valuations are not binding on Luxe Auctions and are offered only as independent opinions.
Weights of set stones are estimates only and are provided to the best of the technical ability of Luxe Auctions.
Gram weight on gold and other precious metals are also given as an approximation.
Warranty on Watches
To assist Bidders to understand the condition of the watch sold, all watches have been classified by Luxe Auctions based on the following guide:
- "New watches". The Item is new and has not been privately owned.
- "As New”. The Item presents as new (but is not new) and is in very good condition. The Item may or may not have been privately owned.
- "Pre-owned”. The Item has been privately owned and/or has some signs of wear (e.g. a scratch).
For new watches, Luxe Auctions provides either its own limited warranty for the period stated in the catalogue description or the balance of the manufacturer’s warranty may apply.
For “as new” and “pre-owned” watches, Luxe Auctions will provide its own 3 month limited warranty.
The only components covered under the limited warranty are the hands and watch movement.
The limited warranty provided by Luxe Auctions on watches as specified above does not include the following:
o Ageing and wear and tear from normal use;
o Damage resulting from improper handling, negligence, accidents, tampering or incorrect use of the watch;
o Any damage to the watch caused by an external event;
o Change of battery;
o Any loss of stones or gems on the outer portion of the watch or watch face;
o Moisture damage to a watch not marked water resistant;
o Any damage that occurs as a result of a water resistant watch being used under conditions which exceed the watch manufacturer’s water resistance guidelines;
o Water damage caused to a water resistant watch where the crown is not screwed down.
Any modifications by the Buyer or third party repairs by the Buyer without prior authorization from Luxe Auctions in writing will void the warranty.
Warranty on Watches Shipped to Destinations Outside of Australia
All watches shipped to destinations outside Australia are covered by the warranties mentioned in the last mentioned paragraphs on condition that the watch is returned to the Head Office of Luxe Auctions. The Head Office address is Level 57, 25 Martin Place, Sydney NSW 2000, Australia.
The Buyer is liable for all costs incurred in returning the watch to the Head Office of Luxe Auctions including but not limited to shipping charges, customs, duties and other related costs. The Buyer is also liable for all costs incurred in the return of the watch from Luxe Auctions to the Buyer.
Force Majeure
Luxe Auctions will not be liable for any direct, indirect, or consequential loss or damage nor be deemed in breach of any agreement due to events beyond its reasonable control.
Right to Use Website
Luxe Auctions grants a limited license to each registered Bidder to make personal use only of the Website.
This license expressly excludes, without limitation, any resale or commercial use of the Website, making any derivative of the Website, the collection and use of participant (Bidder) email addresses or other information, ratings or listings or any data extraction.
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, images, look and feel, auctions, and services are the wholly owned and copyrighted work of Luxe Auctions and/or its third party providers.
None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to digital, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Luxe Auctions or the appropriate third party provider.
No Liability for Website Issues
Luxe Auctions cannot guarantee the continuous or secure access to its Website. Luxe Auctions uses all reasonable methods to maintain an uninterrupted service but offers no guarantee or promises.
If there are any technological or processing problems or delays during an Auction, Luxe Auctions may in its sole discretion decide to close the Auction and re-open the Auction at a later time or extend the conclusion time for the Auction.
Luxe Auctions is not responsible for and the Bidder will not bring any actions or make any claims or demands for losses or damages or costs and expenses against Luxe Auctions in relation to:
(a) bids not received, processed or accepted due to online technical difficulties or delays of the Website or its Online Bidding System;
(b) the non-availability of its Website or its Online Bidding System;
(c) the capacity of the Website or its Online Bidding System;
(d) failure to provide continuous uninterrupted Online Bidding;
(e) any errors or problems or any issues on the Website or the Online Bidding System;
(f) failure to provide reasonable security of the Website or the Online Bidding System;
(g) any illegal or inappropriate use of the Website or the Online Bidding System.
The Bidder acknowledges that Luxe Auctions cannot prevent inappropriate use of its Website or the Online Bidding System or Bidder information stored in its system.
The Bidder indemnifies and keeps Luxe Auctions indemnified against any actions, claims, demands for losses, damages, costs and expenses claimed or incurred by any person or entity arising from the Bidder’s use of the Website or the Online Bidding System.
Privacy
Luxe Auctions will collect personal information from the registered Bidder. Luxe Auctions manages and protects personal information in accordance with its Privacy Policy which can be viewed on its Website.
By registering to bid, a Bidder consents to Luxe Auctions using the Bidder’s personal information as specified in its Privacy Policy. This will include for the purpose of Luxe Auctions sending the Bidder promotional material, complying with the law and for internal and administrative processes.
Personal information will be used only for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth) as amended.
Luxe Auctions may change its Privacy Policy. A Bidder should check the Privacy Policy frequently for any changes.
By agreeing to these Terms and Conditions, the registered Bidder consents to Luxe Auctions using personal information of the Bidder as specified in its Privacy Policy.
Sending Material by Electronic Means
Luxe Auctions will send and receive documents electronically. However, as such transmission is not secure it may be copied, recorded, read or interfered with by third parties while in transit.
The Buyer by registering, releases Luxe Auctions from any claim it may have as a result of any unauthorized copying, recording, reading or interference with that document, for any delay or non-delivery of any document and for any damage caused to the Buyer’s system or any files as a result of Luxe Auctions transmitting any document to the Buyer or communicating with the Buyer electronically.
GST
All bids are deemed to be inclusive of GST (where applicable) or any other value added tax or goods and services tax.
The Buyer will pay GST on the Total Purchase Price of the Item, including but not limited to the Buyer’s Premium and other Charges.
If a payment is being made to Luxe Auctions in satisfaction of a Claim or a right to Claim under or in connection with the sale of an Item (for example, for indemnity or reimbursement of any expense) that gives rise to a liability for GST, Buyers must pay, and indemnify Luxe Auctions on demand, the amount of that GST.
If Luxe Auctions has a Claim under or in connection with this document for a cost on which it must pay an amount for GST, the Claim is for the cost plus the amount for GST.
Multiple Parties
If a Buyer is made up of more than one person:
(a) An obligation of those persons is joint and several;
(b) A right of those persons is held by each of them severally; and
(c) Any other reference to that party in these terms and conditions is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
Notices
A notice, demand, consent or approval or communication under these terms and conditions must be:
(a) In writing, in English and signed by a person duly authorized by the sender; and
(b) Delivered by hand or sent by prepaid post, and by airmail when sent to a destination outside Australia, or email to the recipient’s address, as varied by any notice given by the recipient to the sender.
Any notice under these Terms and Conditions takes effect when it is taken to have been received (or at a later time specified in it), and is taken to be received:
(a) If hand delivered, on delivery;
(b) If sent by mail, five (5) days after the date of posting if posted to an address in Australia and ten (10) days after the date of posting if posted to a country outside Australia; and
(c) If sent by email, at the time of delivery unless the sender is notified that the email was undeliverable or undelivered.
In proving service by delivery:
(a) If by hand, a delivery receipt to the last known address of the person will suffice;
(b) If sent by mail, it will suffice if the communication was contained in a pre-paid envelope which was duly addressed, posted and, in the case of the notice being sent to a destination outside Australia, was sent by airmail, to the last known address of the person; and
(c) If sent by email, an email print-out showing that the communication was sent to the last known email address of the person.
Variation
Luxe Auctions may vary these Terms and Conditions from time to time and will make the varied terms available on its Website. The varied Terms and Conditions take effect from the date that they are listed on the Website.
If you the Buyer continue to use the Website and these Terms and Conditions are varied, you are taken to have accepted the varied Terms and Conditions from the date that they are posted on the website of Luxe Auctions.
Waiver
The non-exercise of or delay in exercising any power or right of Luxe Auctions does not operate as a waiver of that power or right, nor does any single exercise of a power or right by Luxe Auctions preclude any other or further exercise of that power or right, or the exercise of any other power or right. A power or right may only be waived by Luxe Auctions in writing, signed by it.
Severance
Any provision of these Terms and Conditions which is unenforceable or partly unenforceable is, where possible, to be severed from these Terms and Conditions to the extent necessary, to make these Terms and Conditions enforceable.
Non-merger
No clause in these Terms and Conditions will merge on the payment of any amounts or on the sale of any Item or on completion of the contract for sale.
All provisions of this contract will have application after completion for as long as necessary to give effect to the operation of those provisions.
Governing Law
These Terms and Conditions are governed by the law in force in New South Wales, Australia.
Definitions
In these Terms and Conditions, headings are used for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. A person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor or personal representative or successor in law, trustee or administrator or liquidator (or other “controller’) as defined in the Corporations Act 2001 (Cth) (as amended).
The following words and expressions shall (unless the context otherwise requires) have the following meanings:
“Auction” means a timed online Auction at which an Item or Lot is offered for sale on the Website.
“Auctioneer” means Luxe Auctions and any of its associated and subsidiary companies and entities or their duly appointed employees, servants and agents. In the case of online Auctions, there is no Auctioneer. The online Auction is controlled by Auction software on behalf of Luxe Auctions.
“Bidder” means the Principal making one or more bids for the purchase of the Item/s on Auction terms on the Website of Luxe Auctions.
“Buyer” means the Principal who is the highest successful online Bidder (subject to any Reserve Price) and subject to Luxe Auctions accepting the Buyer as the highest successful Bidder, who purchases the Item/s by online Auction on auction terms on the Website of Luxe Auctions or by private treaty on auction terms.
“Buyer’s Premium” is the percentage rate of the Purchase Price payable by the Buyer to Luxe Auctions inclusive of GST presently 15% of the Purchase Price and payable in addition to the Purchase Price of the Item.
“Catalogue” includes and is not limited to any catalogue, advertisement, brochure, notice, price list or other publication in the public arena produced by Luxe Auctions whether in hard copy form or on the internet or social media or otherwise.
“Charges” or “Expenses” means charges and expenses paid or payable by Luxe Auctions in respect of an Item/s, including but not limited to packing or shipping costs, taxes, levies, removal and storage charges, interest and legal expenses, plus any GST.
“Claim” means all sums of money, debts, dues, suits, actions, causes of action, proceedings, arbitrations, claims, accounts, liabilities, losses, demands, costs, expenses, notices or any other type of claim howsoever arising out of these Terms or Conditions or anything relating to the subject matter of these Terms and Conditions, and whether it is present or future, fixed or unascertained, actual or contingent.
“Credit Card Fee” means the credit card fee listed by Luxe Auctions on its Website which is charged on the Total Purchase Price paid in the transaction.
“Dollars” or “$” means money in Australian dollars.
“Luxe Auctions” means The Trustee for Mczak Investments Trust trading as Luxe Auctions ACN 696 916 016.
“GST” means:
(a) tax payable under GST Law and imposed as a goods and services tax; and
(b) any other goods and services tax, or any Tax applying to this transaction in a similar way.
“GST Law” means the same as “GST law” means any of the following as amended:
in the A New Tax System (Goods & Services Tax) Act 1999;
the A New Tax System (Goods and Services Tax Imposition--General) Act 1999;
the A New Tax System (Goods and Services Tax Imposition--Customs) Act 1999;
the A New Tax System (Goods and Services Tax Imposition--Excise) Act 1999;
the A New Tax System (Goods and Services Tax Imposition (Recipients)--General) Act 2005;
the A New Tax System (Goods and Services Tax Imposition (Recipients)--Customs) Act 2005;
the A New Tax System (Goods and Services Tax Imposition (Recipients)--Excise) Act 2005;
the Taxation Administration Act 1953
“Item/s” or “Lot” means the item/s the subject of the online Auction which may be allocated a lot number and thus called a “Lot”.
“Maximum Bid” means the maximum price the Bidder is prepared to pay for the Item GST inclusive not including the Buyer’s Premium and other Charges and it is the process whereby maximum bids can be set and bid increments increased automatically as another Bidder outbids you until your maximum bid is reached.
“Online Bidding System” is the online bidding system that a Bidder uses to place its bids for the online Auctions on the Luxe Auctions Website.
“Principal” means an individual, corporation, partnership or other entity with the legal authority to bid for and purchase an Item.
“Privacy Policy” means the Luxe Auctions privacy statement that can be accessed on the Website of Luxe Auctions (www.luxeauctions.com.au)
“Purchase Price” means the highest successful online bidding price (subject to any Reserve Price), inclusive of GST at which a Sale occurs and is accepted by Luxe Auctions.
“Sale” means any online bidding sale at which the Item is offered for sale on auction terms or any private sale on auction terms.
“Service” means the online Auction service provided by Luxe Auctions on its Website.
“Terms and Conditions” means these terms and conditions.
“Total Purchase Price” means the aggregate of the Purchase Price, the Buyer’s Premium, GST and other Charges.
“Reserve Price” means the confidential minimum price set by Luxe Auctions in association with a vendor at which the Item may be sold at Auction, which price may be revised by Luxe Auctions from time to time.
“Tax” means a tax, levy, duty, charge, impost, contributions, deduction or withholding, however it is described, that is imposed by law or by a government body or agency, or person authorized by law.
“Website” means either or both of the websites of Luxe Auctions (www.luxeauctions.com.au).
“You” or “Your” means the Bidder or the Buyer or the online user of the Website of Luxe Auctions.
Right to Use Website
Luxe Auctions grants a limited license to each registered bidder to use the website for personal use only. This license excludes any resale or commercial use of the website content.
No Liability for Website Issues
Luxe Auctions does not guarantee continuous or secure access to its website. In case of technological or processing issues, Luxe Auctions may close or extend the auction as needed.
By participating in the auction, you agree to all the above terms and conditions.