Terms and Conditions

Thank you for visiting Lobo Luxe website.   These legal terms govern the use of and access to this (loboluxe.com) website and the supply of goods ordered by you from us.

Please read carefully the following terms before using the Lobo Luxe website as they regulate the business relationship between you and Lobo Luxe.  By using our website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase goods from us.  If you are under 18, please confer with an adult to make your purchase.

Our contract with you

These terms apply:

  • So far as the context allows, to you as a visitor to our website; and
  • in any event to you as a buyer or prospective buyer of our goods.
    • We will accept your order by e-mail confirmation. That is when our contract is made. Our email message will  also confirm details of your purchase and tell you when we will dispatch your order.
    • We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods from us.
  • All items on the site are available, unless clearly shown as a special order/customer order.  Special orders/custom orders have an estimated delivery time.
  • In the rare circumstance that an item you have ordered is out of stock we will notify you; if we do not have all of the goods you ordered in stock, you may cancel all or part of your order;
  • Any cancellation of your order must be in writing (which may include email).
  • If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [5]  days from the date of cancellation of your order.
  • If in future, you buy goods from us under any arrangement which does not involve your payment via our website, these terms still apply.

Your account with us

  • You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.  We need this information to provide you with our goods.
  • If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
  • You agree to accept responsibility for all activities that occur under your account or password. You must tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
  • We reserve the right to refuse you access to our website.

Price and Payment

  • We endeavour to keep our website and catalogue prices updated and accurate but it is possible that prices may have increased from those published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
  • Banking charges by our receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.
  • Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

Quotes

  • Any prices we quote to you are valid for the period specified on the quotation and do not form part of these terms unless confirmed by us in writing.  A quoted price is not an offer to sell.

Delivery

  • Deliveries will be made by post / a carrier instructed by us to the address provided in your order. You must ensure that someone is present to accept delivery.
  • We will send you a message by email to tell you when we have dispatched your order.

Retention of Title

  • Until you have paid the purchase price in full and owe no other money to us:
  • We retain ownership of the goods you order from us and may dispose of them as we see fit;
  • You hold the goods you order from us on trust for us and must hold them separately from other goods in a manner which clearly identifies them as our property.
  • If, despite the paragraph above, you convert or incorporate the goods you order from us into new products then you hold your interest in the new products on trust for us to the extent of your debt.

Foreign taxes, duties and import restrictions

  • If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
  • You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Information

Any descriptive information provided by us about our goods (including photographs and drawings) is approximate and only intended to be a general description of the goods.  It does not form part of these terms unless we agree in writing that it does so.

Goods returned

If for any reason you are not delighted with your purchase, just return it to us and we will provide you with a refund  or exchange (other than for earrings, custom/special orders or sale items).

To return your purchase, it is essential that you follow the instructions below:

  • Contact Lobo Luxe by email and obtain a Return Number and Return Explanation Form;
  • Return the goods within 10 days of the date the goods are delivered to you;
  • Return the goods unworn and in original condition in their original packaging (tags, pouch and box), with a copy of the Invoice, the Return Number and the completed Return Explanation Form;
  • Package the goods carefully and return them via registered mail (at your risk and cost – no responsibility is taken by Lobo Luxe for goods which are lost or damaged while in transit from you to us);
  • If your return is accepted we will provide you with a refund or exchange to the value of your order payment less the cost of postage and gift wrap (if purchased).

Please note:

  • We do not accept returns on earring purchases due to health reasons, so please choose carefully;
  • There is no exchange or refunds for Custom/Special Orders and Sales items;
  • We do not refund Gift Certificates – or residual amounts – Gift Certificates should be redeemed in full – six months from the purchase date.
  • Special Promotions such as ‘subscribe and win’, coupons, promotional gift certificates can only be redeemed for ‘in stock’ items only.

The above instructions also apply in the event that you return goods to us because you say they are faulty.

Disclaimers

  • We or our content suppliers may make improvements or changes to our website, the content of our website, or to any of our goods, at any time and without advance notice.
  • Our website content may include technical inaccuracies or typographical errors; this is inevitable in any large website.  We would be grateful if you bring to our immediate attention any errors or inaccuracies that you find.
    • We give no warranty and make no representation, express or implied, as to:
    • The adequacy or appropriateness of our goods for your purpose;
    • The truth of any content on our website published by someone other than us;
    • Any implied warranty or condition as to merchantability or fitness of our goods for a  purpose other than that for which the goods are commonly used;
    • Compatibility of our website with your equipment, software or telecommunications connection;
    • Our website contains links to other Internet websites outside our power and control. We will not be liable in any way for the content of any such linked websites, nor for any loss or damage arising from your use of any such websites.

Liability

  • You acknowledge that you rely on your own skill and judgment in selecting goods from us.
  • To the extent lawfully permitted:
    • All statutory conditions and warranties (whether express or implied) are excluded;
    • We are not liable to the you for any indirect, special, economic or consequential loss or damage (including down time costs, failure to realise anticipated savings, loss of revenue or profits or loss of opportunity or goodwill) arising from the your use of or inability to use our goods or our website or any associated information or materials, even if we have been advised of the possibility of that loss; and
    • Our liability is limited to the amount paid by you for the goods.
    • These terms do not exclude or modify the rights conferred on you under any law that cannot lawfully be excluded or modified.  If there is an inconsistency between the mandatory requirements of any law and these terms, these terms will, so far as possible, be construed to be consistent with that law and to the extent of the inconsistency, be of no effect.
    • If the mandatory requirements of any law apply, our liability for breach of a condition or warranty under the relevant law will so far as possible be limited to one or more of the following as we may decide:
      • The replacement of the goods;
      • The repair of the goods; or
      • The cost of having the goods repaired.

Content and Intellectual Property Rights

  • We retain ownership of our intellectual property in our goods and our website, including:
    • Copyright in the content of our website, whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data and software);
    • Copyright in the designs and compilation of all our goods and the content of our website;
    • Design rights in relation to our goods;
    • Our trade marks;
    • Nothing in these terms transfers title to, or ownership of, our intellectual property to you as purchaser of our goods.  We will strongly protect our intellectual property in all countries;
    • Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our intellectual property, in whole or in part;
      • You may not use our name, logos, designs, trade marks or any other content of our website on any website of yours or that of any other person.
      • Subject to the other terms of this agreement, you may download or copy our website content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content of our website.

Your email address

  • You represent that any user-name or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
  • You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
  • You acknowledge and agree that we will not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

System Security

  • We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
  • You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
  • You may not use any software tool for the purpose of extracting data from our website.
  • You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our website, your posting any material on our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

Force majeure

If, in our opinion, completion of your order becomes impossible due to any event or circumstance beyond our reasonable control, we may cancel your order by written notice to you (which may include email).  If your order is cancelled due to any event or circumstance beyond our reasonable control, you must pay us for goods already delivered at the date of the notice, but otherwise you have no further obligation to us.

Miscellaneous provisions

  • These terms constitute the entire agreement between us and override any earlier agreement between us.
  • A provision of or right created under these terms may not be waived or varied except in writing, signed by the parties.
  • If any provision of these terms is invalid or unenforceable, that provision will be treated as deleted from the terms, without affecting the remaining provisions.
  • When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
  • Where we provide goods or services without specific charge to you, then they are deemed to be provided free of charge, and are not to be associated with any other goods or services for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or services.
  • Nothing in this agreement or on our website will confer on any third party any benefit or obligation.
  • If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
  • A provision of or right created under these terms may not be waived or varied except in writing.
  • No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
  • In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
  • We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
  • Except as otherwise stated in our invoice to you, you must pay the purchase price for our goods in Australian dollars.  Where our invoice provides for payment in a currency other than Australian dollars, you must make the payment to us via electronic funds transfer.
  • These terms are governed by the law of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Termination

We may cancel your order or any part of it and suspend delivery of our goods:

  • immediately, if you fail to pay in accordance with our payment terms or become insolvent or bankrupt;
  • on two days’ written notice to you, if we cannot obtain materials or other necessary items within sufficient time to supply the goods in accordance with these terms; or
  • on 14 days’ written notice to you.

If your order is terminated under the above provision, then:

  • our only obligation is to supply the goods paid for by you before termination; and
  • we may recover any loss suffered as a result of the termination, if the termination arose because of your default.