OVERVIEW
Contracting parties
In these terms and conditions “LAA” mean Luxury Authentication Australia Pty Ltd ACN 633 232 425 and “you” means you, the customer.
These terms and conditions (together with any order where relevant) constitute the terms of service between LAA and you in relation to the use of this website and to the purchase of LAA services (if any).
Capacity
If you are under the age of eighteen (18) years you cannot place an order with LAA. By accepting these terms and conditions you acknowledge that you are over the age of eighteen (18) years.
LAA reserves the right to cancel an order or refuse to provide any service to a person under the age of eighteen (18) years.
PLACING AN ORDER WITH LAA
Placing an order
You can place an order with LAA by creating a user profile and using its online platform to purchase services on offer by LAA.
A service will only be provided at such time as all clear, accurate, unaltered and relevant photos of and for the item the subject of the service are uploaded to the LAA website or otherwise provided within 72 hours of a request by LAA for additional photographs.
LAA reserves the right to refuse an order, terminate accounts, remove or edit content, or cancel any order in its sole and absolute discretion for any reason whatsoever.
In the event LAA cannot process your order for whatever reason after payment is received, we will provide you with a refund by the same method as the initial payment.
Use and ownership of photos
You will upload to the LAA website, or otherwise provide within 72 hours of a request by LAA for additional photographs, all photos necessary for LAA to provide the requested services to you.
You are responsible and accountable for the information you submit to LAA and you warrant to LAA that all photos provided are clear, accurate, unaltered and relevant photos of and for the item the subject of the order.
You agree to forfeit your rights to, and ownership of, any photos or information submitted for the purposes of an order and from the time of submission of those photos they become the property of LAA.
The buyer acknowledges and consents to LAA using the photographs provided for any authentication certificate prepared by LAA for the purposes of providing the requested service.
Payment
Payment for all services is required to be made on the LAA point of sale prior to LAA undertaking any of the services the subject of the order.
LAA accepts Mastercard and Visa at the point of sale.
Prices
All prices quoted on LAA’s website are in Australian Dollars (AUD) and all orders are processed in AUD.
LAA’s fees for services are subject to change from time to time without notice to you.
All prices include GST.
Shipping of authentication certificates
Ordinary domestic postage for physical authentication certificates is $10AUD.
Upon your written instructions, LAA can arrange other forms of postage for an additional fee, which fee will be calculated and determined by LAA based on the type of postage and the size and weight of the item.
The ownership of any authentication certificate, and the risk in respect of that item, passes to you upon the item being dispatched by post. LAA takes no responsibility for any loss or damage whatsoever or howsoever sustained to any authentication certificate after it has been dispatched.
For all international purchases, you are responsible for the payment of any (and all) taxes, duties and fees payable with respect to the purchase and import of your item. LAA takes no responsibility for the payment of any taxes, duties and fees nor for any delay in items proceeding through customs.
AUTHENTICATION SERVICES
Services
LAA provides a range of services to authenticate, identity and value certain branded luxury goods.
Fees for services
LAA will charge you a discrete fee for each and every service the subject of an order.
Due care and diligence
All services provided by LAA are provided by knowledgeable and skilled authentication experts with years of experience in the field of branded luxury goods.
LAA exercises reasonable care and due diligence and takes all reasonable precautions to authenticate any item the subject of an order.
The determination as to authenticity, value or identity of an item the subject of an order is the opinion of, and or determination by, a skilled professional authenticator.
Save for using all reasonable care and due diligence to provide any service offered by LAA, LAA does not warrant or insure the reliability and accuracy for the outcome of the order or service.
Third party services
LAA uses internal and third-party professional brand specific authenticators to undertake authentication services. You consent to the use of third-party professional authenticators to authenticate any item the subject of an order.
The third-party authenticator will be provided with all photos uploaded to the LAA website by you for the purposes of completing that order.
Third party authenticators will not be provided with any of your personal or payment details without your prior express written consent.
LAA liability
LAA shall not be accountable, liable or responsible for any loss should the opinion of LAA regarding an order or service (whether in relation to any or all of authenticity, value or identity) be disagreed upon at any time by a second non-affiliated or third party opinion.
LAA shall not be accountable, liable or responsible should any of the information provided by you be incomplete or not be provided within 72 hours of the placement of the order with LAA.
LAA reserves the right to legal recourse, including by way of injunction, should you use, reproduce, copy or provide an authentication certificate, identification or valuation for an item or items that are not the subject of the relevant certification or determination by LAA.
Should any determination or certification provided by LAA be altered, misrepresented or tampered with, the original certification or determination by LAA will become immediately voided and LAA will not be accountable, liable or responsible for outcome of any third party or buyer’s actions, inaction or decisions.
REFUNDS POLICY
General refunds policy
We do not offer refunds for change of mind.
LAA will not refund any service or order should LAA determine the item the subject of the order to be a counterfeit or you disagree with the determination of authenticity, valuation or identification of any item.
In the event LAA is unable to authenticate any item for any reason whatsoever, LAA will issue a refund in the same payment method as the initial payment.
LAA will not refund any service or order purchased should you fail to provide clear, accurate, unaltered and relevant photos within 72 hours of LAA making a request for further photographs.
LAA reserves the right to re-provide a service in any circumstance in which LAA deems, in its absolute discretion, that the original service provided was not provided in accordance with the requirements of the National Consumer Code.
MISCELLANEOUS
Assignment of rights
You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of LAA.
Any unauthorised assignment shall be deemed null and void.
Severability
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected and shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Waiver
Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition.
Such failure shall in no way affect the right to later enforce such term or condition.
Alteration of terms and conditions
LAA reserves the right, in its sole discretion, to change, update or replace the terms and conditions at any time.
The terms and conditions applicable to you are those on our website at the time you place an order with LAA. It is your responsibility to check our website periodically for changes.
Your continued use of, or access to, our website or procurement of our services following any changes to these terms constitutes acceptance of those changes.
Agency
No LAA employee or agent has the authority to vary any of the terms and conditions governing any order.
Force Majeure
To the extent permitted by law, LAA is not liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of LAA, and LAA shall be entitled to a reasonable extension of time for the performance of any such obligation.
Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
Copyright and trademarks
All web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of LAA or its licensors.
Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with LAA.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of LAA, is strictly prohibited.
LAA, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of LAA or its licensors or affiliates.
All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
LAA is not in any manner affiliated or associated with the luxury designers/brands whose items we authenticate, value or identify nor do we represent to be affiliated or associated with them. The trademarks of those designers/brands are vested in them as the rights holders.
Disclaimer
The information on this website is provided on an “as is” basis.
LAA:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or LAA’s other social or written content; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised LAA of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer are affected.
PRIVACY AND PROTECTION
Collection of information
You can use and browse the LAA website without disclosing your personal data. You are required only required to provide personal data where you register as a user, submit an order, or where you contact us directly.
LAA collects information from you if you register on our site, place an order directly with LAA, subscribe to our newsletter, or fill out a form. In most circumstances, you may be asked to enter your name and email address.
If you place an order with LAA, you agree that LAA may store, process and use your personal information for the purposes of processing and delivering your order, including your payment details.
Regarding your personal data, you have following options:
Delete data: You can request deletion of your personal data that we have about you. We will delete the data that we are not legally obliged to keep and since some of the data is necessary to provide LAA services to you, you will not be able to use our services after the deletion;
Opt out: you have the right to opt out of receiving information from us – to do this click the ‘unsubscribe’ link at the bottom of any email sent by us;
Change or correct data: You have the right to request a change of incorrect personal data that we have about you;
Object to or limit or restrict use of data: You can request that we stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held); and
Right to access and/or take your personal data: You have the right to ask us for a copy of your personal data and for that data to be provided in machine readable form.
Your personal data is kept in accordance with and the purpose for which it is collected and stored as long you use our services or until we receive your written cancellation.
Cookies
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
LAA uses cookies to distinguish you from other users of the LAA website. This helps us to provide you with a better experience when you browse the LAA website and also allows us to improve the LAA website.
We use both session and persistent cookies. Session cookies expire when you log out of your account or close your browser. Persistent cookies remain on your computer or mobile device until you erase them or they otherwise expire.
Most web browsers are set to accept cookies by default. You are free to decline most of our cookies if your browser or browser add-on permits, however choosing to remove or disable our cookies may interfere with your use and functionality of the LAA website.
You may refuse cookies by turning them off in your browser, however, you should be aware that our site, like most other popular sites, may not work well with cookies disabled.
Use of information
Any of the information LAA collects from you (other than payment details or other financial information) may be used as follows:
to administer and improve the LAA website;
to personalise the services LAA provides to you, including improving your browsing experience by personalising the LAA website;
to process sales transactions;
to send periodic emails or newsletters;
to respond to your enquiries or requests pursuant to your emails and/or submission of form(s) on the LAA website;
to prevent, detect and enquire about possible illegal activities; and
to perform office and operational administrative matters, or any other internal business purposes.
We will not, without your express consent, provide your personal data to third parties for the purposes of direct marketing.
We will not be liable for any voluntary disclosure of personal information by you to other users of the LAA website.
Contacting our clients and subscribers
Any email address you provide for order processing, may be used to send you information and updates in relation to any order you have placed with LAA.
LAA may also use your email address, amongst other things, to send periodic newsletters and updates.
If at any time you would like to unsubscribe from receiving future emails, please follow the ‘unsubscribe’ link at the bottom of each email.
Protection of information received
LAA will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
LAA implements security measures to maintain the safety of your personal information when you access your personal information.
LAA employs Secure Sockets Layer (SSL) technology software for its transactions with our customers.
Despite the employment of SSL, LAA will not be responsible for any damage, loss, or consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Confidentiality
Your information, regardless whether it is public or private, will not be sold, exchanged, transferred, or given to any external party for any reason whatsoever, without your consent, other than for the express purpose of delivering to you an item you have purchased or a service you have expressly requested.
Please note that LAA may be required to release your personal information in order to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
LAA reserves the right to provide your personal information to contractors and agents of LAA for the purposes of operating the LAA website, conducting our business, or servicing you.
Personally identifiable information will only be provided on the basis that it is kept confidential by those third parties.
Third party links
LAA may include or offer third party products or services on our website.
These links are provided as a convenience to you.
LAA does not monitor or review the content of other party’s websites which are linked to from this website.
Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by LAA and should not be regarded as the publisher of such opinions or material.
LAA does not warrant, and takes no responsibility for, the information contained on, or the policies of, those sites.
LAA will not indemnify you, or take any responsibility for, for any loss or damage whatsoever or howsoever suffered by you as a result of following those links, purchasing from those sites or providing third parties with your personal information.
