OVERVIEW
1 Contracting parties
1.1 In these terms and conditions “LAA” mean Luxury Authentication Australia Pty Ltd ACN 633 232 425 and “you” means you the customer.
1.2 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).
2 Capacity
2.1 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.
2.2 LAA reserves the right to cancel and order or refuse to provide any service to a person under the age of eighteen (18) years.
PLACING AN ORDER WITH LAA
3 Placing an order
3.1 You can place an order with LAA by creating a user profile and using its online platform to purchase services on offer by LAA.
3.2 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.
3.3 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.
3.4 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.
4 Use, warranties and ownership of photos
4.1 You will upload to the LAA website, or otherwise provided within 72 hours of a request by LAA for additional photographs, all photos necessary for LAA to provide the requested services to you.
4.2 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 form the item the subject of the order.
4.3 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.
4.4 The buyer acknowledges and consents to LAA using the photographs it provides for any authentication certificate prepared by LAA for the purposes of performing that order or service.
4.5 Any authentication result provided by LAA or any certificate prepared by LAA must be used in the state and condition in which it is provided – any alteration of any result or certificate, including changing information, determinations or photos, will render the result or certificate null and void.
5 Payment
5.1 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.
5.2 LAA accepts Mastercard, Visa and Paypal which election you can make at the point of sale.
6 Prices
6.1 All prices quoted on LAA’s website are in Australian Dollars (AUD) and all orders are processed in AUD.
6.2 LAA’s fees for services are subject to change from time to time without notice to you.
6.3 All LAA prices include GST.
7 Shipping of authentication certificates
7.1 Ordinary postage for all physical authentication certificates is $10AUD.
7.2 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 envelope.
7.3 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 of any item or any damage whatsoever or howsoever sustained to any authentication certificate after it has been dispatched.
7.4 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
8 Services
8.1 LAA provides a range of services to authenticate, identity and value certain branded luxury goods.
9 Fees for services
9.1 LAA will charge you a discrete fee for each and every service the subject of an order.
10 Due care and diligence
10.1 All services provided by LAA are provided by knowledgeable and skilled professional experts with years of training, learning and experience in the field of branded international luxury goods.
10.2 LAA exercises reasonable care and due diligence and takes all reasonable precautions to authenticate any item the subject of an order.
10.3 The determination as to authenticity, value or identity of each and every item the subject of an order is the opinion of, and or determination by, a skilled professional authenticator.
10.4 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.
11 Third party services
11.1 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.
11.2 A third party independent subcontracting authenticator will be provided with all photos uploaded to the LAA website by you for the purposes of that order,
11.3 Third party authenticators will not be provided with any of your personal or payment details without your prior express written consent.
12 LAA liability
12.1 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 identify) be disagreed upon at any time by a second non-affiliated or third party opinion.
12.2 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.
12.3 LAA reserves the right to legal recourse, including by way of injunction, should you use, reproduce or make copy of or provide a authentication certificate, identification or valuation for an item or items that are not related to the original certification or determination provided by LAA.
12.4 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 third party or buyers actions, inaction or decisions.
REFUNDS POLICY
13 General Refunds Policy
13.1 We do not offer refunds for change of mind.
13.2 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 valuation or identification of any item.
13.3 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.
13.4 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.
13.5 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
14 Assignment of rights
14.1 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.
14.2 Any unauthorised assignment shall be deemed null and void.
15 Severability
15.1 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 thereby and shall nonetheless be enforceable to the fullest extent permitted by applicable law.
15.2 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.
16 Waiver
16.1 Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition.
16.2 Such failure shall in no way affect the right to later enforce such term or condition.
17 Alteration of terms and conditions
17.1 LAA reserves the right, in its sole discretion, to change, update or replace the terms and conditions at any time.
17.2 The terms and conditions applicable to you are those on our website at the time you order a product. It is your responsibility to check our website periodically for changes.
17.3 Your continued use of or access to our website or the Service following the posting of any changes to these terms constitutes acceptance of those changes.
18 Agency
18.1 No LAA employee or agent has the authority to vary any of the terms and conditions governing any order.
19 Force Majeure
19.1 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 such obligation.
20 Governing law
20.1 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.
21 Copyright and Trademarks
21.1 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.
21.2 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 or using this website as a shopping vehicle.
21.3 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.
21.4 LAA, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of LAA or its licensors or affiliates.
21.5 All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
22 Disclaimer
22.1 The information on this website is provided on an “as is” basis.
22.2 LAA is an independent luxury authentication service and is not affiliated or associate with, or connected to, any international luxury designer house.
22.3 LAA:
a) 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 literature; and
b) 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.
22.4 The above exclusions and limitations apply only to the extent permitted by law.
22.5 None of your statutory rights as a consumer are affected.
