Terms of service.

TERMS AND CONDITIONS FOR HIRING PRODUCTS AND JUST BROWSING

Welcome to Luxury by Lana

In these terms, we also refer to Lana B as “our”, “we”, or “us”. And you are you!

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

What are these terms about?

These terms apply when you use this Website, being [insert website] and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you hire our Products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [insert link].

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

PART A: Terms for when you hire Products (applies when you hire)

PART B: Terms for when you browse and interact with this Website (applies when you browse)

PART C: Liability and warranties, and interpretation provisions (applies to hiring and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or hire any Products unless you have read and agree to these terms.

I’ve returned to your shop, do I need read these terms again?

Once you place an Order, the terms of Part A accepted at the point of hire will apply to your hire of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or hire Products. You can check the date at the top of this page to see when we last updated these terms.

FOR WHEN YOU HIRE PRODUCTS…

SUBMITTING AN ORDER

By submitting an order for hire of a Product using the Website’s functionality (Order) you represent and warrant that:

you intend to place a binding order to hire the Products;

you will return the Products on or before the date agreed at the time of placing your Order;

you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

PRODUCTS

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

The Products are, and will at all times be and remain, the property of Lana B. You will not have or accrue any right, title or interest in or the Products under these terms,

Risk in the Products will pass to you on delivery and remain with you until the Products are returned to us. You are responsible for taking all appropriate precautions to protect the Products from theft, damage or destruction until you return them to us, including following any instructions provided with the Products.

PAYMENT

All prices are:

per unit (except where indicated);

in Australian Dollars; and

subject to change prior to you completing an Order without notice.

(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Lana B, you must pay the GST subject to Lana B providing a tax invoice.

(Card surcharges) Lana B reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was hired (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

DELIVERY AND RETURN SHIPPING

(Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(Delivery Details) Lana B may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

delivery is to the delivery point specifically accepted by Lana B; and

we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(Delivery Issues) Third party courier terms may apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(Late Returns) Additional costs equal to the nightly hire rate with an additional late fee of 25% of the nightly hire rate will apply for each day that the Products are late to be returned to us starting 4 hours after the originally stated return time. No amount of additional costs paid will limit or otherwise affect your obligation to return the Products to us.

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

You may cancel your Order by giving written notice to us.

If the notice under clause 5.2(a) is:

48 hours or more prior to the date of your Order beginning, we will provide you with a full refund of any fees paid;

Less than 48 hours but more than 24 hours prior to the date of your Order beginning, we will provide you with a full refund of any fees paid minus a 50% cancellation fee; or

Less than 24 hours prior to the date of your Order beginning, you will not be entitled to any refund, unless the Products are not of an acceptable quality with the ACL.

EXTENDING THE HIRE PERIOD

If you want to extend the hire period, you may request to do so using the functionality on our website or by contacting us (Extension). All Extensions are subject to availability, our discretion, and your payment of the additional fees displayed on our website from time to time or as communicated by us to you.

RETURNS AND EXCHANGES

We do not offer change of mind or change or size returns or exchanges.

We will provide a full refund of the price paid for a Product if we determine that:

a Product you have ordered was not received by you solely due to failure by us;

a Products provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

a Product is faulty, in accordance with clause 5.4(c).

(Faulty products) The following process applies to any Product you believe to be faulty.

If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

If we determine that your Product may be faulty, we will request that you send the Product back to us for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you.

If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions of this clause 5 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

Nothing in this clause 5 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

INTELLECTUAL PROPERTY

Lana B retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

In this clause 6, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY SUPPLIERS

We may do any of the following:

outsource any part of performing any services related to providing the Products, including delivery of your Products; or

procure materials and Products from third party suppliers;

without further notice to or permission from you.

To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing those services or products.

CLEANING

You acknowledge that the Products are rented out in a clean condition. You must return the Products in the same state of cleanliness (inside and out) they were in on the date that your Order began (Clean). If the Products are not Clean upon return, a cleaning fee covering the total cost for us to clean the Products will apply.

FOR WHEN YOU BROWSE THIS WEBSITE…

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Lana B;

use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

use the Website with the assistance of any automated scripting tool or software;

act in a way that may diminish or adversely impact the reputation of Lana B, including by linking to the Website on any other website; and

attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

gaining unauthorised access to Website accounts or data;

scanning, probing or testing the Website for security vulnerabilities;

overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

the Website will be free from errors or defects (or both, as the case may be);

the Website will be accessible at all times;

messages sent through the Website will be delivered promptly, or delivered at all;

information you receive or supply through the Website will be secure or confidential; and

any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

Lana B retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Lana B or as permitted by law.

In this clause 12, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

THIRD PARTY TERMS AND CONDITIONS

You acknowledge and agrees that third party terms & conditions (Third Party Terms) may apply.

You agree to any Third Party Terms applicable to any third party goods and services, and Lana B will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY HOSTING

This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

Lana B does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

LIABILITY AND OTHER LEGAL TERMS…

LIABILITY

To the maximum extent permitted by applicable law, Lana B excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Lana B.

Claims for loss of or damage to Products in transit must be made against the carrier.

Products sold by Lana B, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

All other express or implied representations and warranties in relation to Products and the associated services performed by Lana B are, to the maximum extent permitted by applicable law, excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(Indemnity) You indemnify Lana B and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

breach of any of these terms;

use of the Website; or

use of any Products or services provided by Lana B.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will Lana B be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Lana B (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation;

(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision; and

(currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.

NOTICES

A notice or other communication to a party under this agreement must be:

in writing and in English; and

delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

when replied to by the other party, whichever is earlier.