Terms of service

Overview

Welcome to The Luxe Journey. The terms “we”, “us” and “our” refer to The Luxe Journey.

The Luxe Journey operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

The Luxe Journey is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced within them, describe your rights and responsibilities when you use the Services (the “Terms of Service” or “Terms”).

Please read these Terms carefully, as they include important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state, territory or province of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing details, payment details and shipping information.

You represent and warrant that all information you provide is accurate, current and complete, and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity occurring through your account.

You may not transfer, sell, assign or license your account to another person.

2. Our Products

We make every reasonable effort to accurately represent our products and services in our online store.

However, colours and product appearance may differ from what appears on your screen due to your device type, display settings and configuration.

We do not warrant that the appearance or quality of any product or service will meet your expectations or be exactly the same as depicted in our online store.

Product descriptions may be changed at any time without notice at our sole discretion.

We reserve the right to discontinue a product at any time and may limit the quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase.

The Luxe Journey reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm its acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided when the order was placed.

Purchases are subject to return or exchange only in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise stated, displayed prices do not include shipping, handling, customs or import charges.

Prices shown in our online store may differ from prices offered in physical stores or stores operated by third parties.

We may occasionally offer promotions governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases.

You agree to promptly update your information, including your email address, payment-card details and expiry dates, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

The payment information you provide is true, accurate and complete.
You are authorised to use the payment method provided.
Your payment provider will honour the charges incurred.
You will pay all charges at the displayed prices, including applicable shipping, handling and taxes.

5. Shipping and Delivery

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control.

Once products have been transferred to the carrier, title and risk of loss pass to you to the extent permitted by applicable law.

6. Intellectual Property

The Services, including trademarks, branding, text, displays, images, graphics, reviews, video, audio, design, selection and arrangement, are owned by The Luxe Journey, its affiliates or licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services only for personal, non-commercial purposes.

Without our prior written consent, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit materials from the Services.

Except where expressly stated, nothing in these Terms grants you a licence or other right under any patent, trademark, copyright or other intellectual-property right belonging to The Luxe Journey, Shopify or a third party.

Unauthorised use of the Services may violate applicable intellectual-property laws. All rights not expressly granted are reserved by The Luxe Journey.

The Luxe Journey’s names, logos, product names, service names, designs and slogans are trademarks belonging to The Luxe Journey or its licensors and must not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks belonging to Shopify. Other names and marks appearing through the Services belong to their respective owners.

7. Optional Tools

The Services may provide access to tools offered by third parties that we do not monitor, control or influence.

You acknowledge that access to these tools is provided “as is” and “as available”, without warranties, representations, conditions or endorsements of any kind.

To the extent permitted by law, we are not liable for claims arising from your use of optional third-party tools.

Your use of these tools is entirely at your own risk and discretion. You should review and understand the terms imposed by the relevant third-party provider before using them.

We may introduce new features, tools or resources in the future. Those features will form part of the Services and will be subject to these Terms.

8. Third-Party Links

The Services may contain materials, functionality and links provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy or practices of third-party websites.

If you leave the Services to access a third-party website, you do so at your own risk.

To the extent permitted by law, we are not liable for harm or damage connected with your access to third-party websites or your purchase or use of third-party products, services, resources or content.

You should carefully review the policies and practices of a third party before entering into a transaction with it.

Questions, complaints or claims relating to third-party products and services should be directed to the relevant third party.

9. Relationship with Shopify

The Luxe Journey is powered by Shopify, which enables us to provide the Services.

However, sales and purchases made through our store are entered into directly between you and The Luxe Journey.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and The Luxe Journey, including any injury, damage or loss resulting from purchased products or services.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or relating to purchases and transactions made with The Luxe Journey.

10. Privacy Policy

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s Consumer Privacy Policy .

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them.

Information submitted through the Services may be transmitted to and shared with Shopify and service providers located in countries other than your country of residence.

Please review our Privacy Policy for further information about how we, Shopify and our service providers use personal information.

11. Feedback

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any lawful purpose, including commercial purposes.

We may use Feedback to operate, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that:

You own or have all necessary rights to the Feedback.
You have disclosed any compensation or incentives received in connection with the Feedback.
Your Feedback complies with these Terms.

We are not obligated to keep Feedback confidential, pay compensation for Feedback or respond to Feedback.

We may, but are not required to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene, objectionable or in violation of intellectual-property rights or these Terms.

Feedback must not violate any third-party rights, contain unlawful, abusive or obscene material, or contain malicious software that could affect the Services or a related website.

You must not use a false email address, impersonate another person or mislead us or third parties regarding the origin of Feedback.

You are solely responsible for the Feedback you provide and its accuracy. We accept no responsibility or liability for Feedback posted by you or a third party.

12. Errors, Inaccuracies and Omissions

Information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

13. Prohibited Uses

You may access and use the Services only for lawful purposes.

You must not use the Services:

For any unlawful or malicious purpose.
To violate applicable international, federal, state, territory, provincial or local laws or regulations.
To infringe our intellectual-property rights or the rights of another person.
To harass, abuse, insult, harm, defame, intimidate or disparage another person.
To transmit false or misleading information.
To upload or use materials that do not comply with these Terms.
To send unsolicited advertising or promotional communications, including spam or chain letters.
To impersonate another person or entity.
To engage in conduct that restricts another person’s use or enjoyment of the Services.
To engage in conduct that may harm The Luxe Journey, Shopify or users of the Services, or expose them to liability.

You also agree not to:

Upload or transmit viruses or malicious code.
Reproduce, duplicate, copy, sell, resell or exploit any part of the Services.
Collect or track personal information belonging to another person.
Spam, phish, pharm, pretext, spider, crawl or scrape.
Interfere with or circumvent security features of the Services, related websites, other websites or the internet.

We reserve the right to suspend, disable or terminate your account without notice if we determine that you have violated these Terms.

14. Termination

We may terminate these Terms or your access to all or part of the Services at our discretion and without notice, subject to applicable law.

You will remain responsible for amounts owing up to and including the date of termination.

Provisions concerning intellectual property, feedback, termination, disclaimers, limitations of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy and any other provisions that should reasonably survive termination will continue to apply.

15. Disclaimer of Warranties

Information presented through the Services is provided for general information purposes only.

We do not warrant the accuracy, completeness or usefulness of that information. Any reliance placed on such information is at your own risk.

To the extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available”, without representations, warranties or conditions of any kind, whether express or implied.

This includes implied warranties or conditions of merchantability, acceptable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not permit certain warranty exclusions, so some of these exclusions may not apply to you.

16. Limitation of Liability

To the fullest extent permitted by law, The Luxe Journey, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages.

This includes lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Services, products obtained through the Services, errors or omissions in content, or loss or damage resulting from content or products made available through the Services, even where advised of the possibility of such damages.

17. Indemnification

You agree to indemnify, defend and hold harmless The Luxe Journey, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or third-party claims, including reasonable legal fees, arising from:

Your breach of these Terms or documents incorporated into them.
Your violation of applicable law or third-party rights.
Your access to or use of the Services.

We will notify you of an indemnifiable claim. A failure to promptly notify you will not relieve you of your obligations unless the delay materially prejudices you.

We may control the defence and settlement of a claim at your expense, including the choice of legal counsel, but will not agree to a settlement imposing non-monetary obligations on you without your consent, which must not be unreasonably withheld.

You agree to cooperate in the defence of indemnified claims, including by providing relevant documents.

18. Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be treated as severed from these Terms and will not affect the validity or enforceability of the remaining provisions.

19. Waiver and Entire Agreement

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules published through the Services constitute the entire agreement between you and us concerning your use of the Services.

They replace any prior or contemporaneous agreements, communications and proposals, whether oral or written, including previous versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be interpreted against the party that drafted them.

20. Assignment

You may not delegate, transfer or assign these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment without consent will be void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice, subject to applicable law.

21. Governing Law

These Terms and any separate agreements through which we provide the Services will be governed by and interpreted in accordance with the laws applying in the jurisdiction where The Luxe Journey is headquartered.

You and The Luxe Journey consent to the jurisdiction of the courts within that location, subject to any rights you have under applicable consumer law.

22. Headings

Headings are included for convenience only and do not limit or otherwise affect these Terms.

23. Changes to These Terms

You can review the current version of these Terms at any time on this page.

We reserve the right to update, change or replace any part of these Terms by publishing updates on our website.

It is your responsibility to periodically review the website for changes. We will notify you of material changes where required by applicable law.

Changes will take effect on the date stated in the relevant notice. Your continued use of or access to the Services after changes are published constitutes acceptance of the revised Terms.

24. Contact Information

Questions about these Terms should be sent to:

The Luxe Journey
Camira, Queensland 4300
ABN: 51 680 418 204
Email: info@theluxejourney.com.au