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Terms of Use

(For Customers in Australia Only)

 

  1. DEFINITIONS

    "The Luggage Professionals" means theluggageprofessionals.com.au Pty Ltd company selling products to the Customer as identified in The Luggage Professional’s Quotation or Invoice.
    "Customer" means the person or legal entity identified in The Luggage Professional’s Quotation or Invoice.
    "Contract" means a contract for sale by The Luggage Professionals to the Customer of the products and/or services incorporating the Terms and Conditions.

  2. FORMATION OF CONTRACT

    1. No Contract shall come into existence until the Customer's order has been accepted by The Luggage Professionals and such acceptance has been received by the customer. The contract shall be deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
    2. The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.
    3. These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).
  3. ORDERS, PRICE AND PAYMENT

    1. Unless credit terms have been expressly agreed by The Luggage Professionals, payment for the products or services shall be made in full before physical delivery of products or services.
    2. Customer may pay for all shipping and handling charges.
    3. Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
    4. Time for payment is of the essence. The Luggage Professionals reserves the right to charge interest at the rate of 2% above the base commercial floating rate for National Australia Bank in Sydney.
    5. All transactions are processed in Australian dollars.
  4. TITLE AND RISK

    Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer.

  5. DELIVERY

    1. The Luggage Professionals shall deliver the products to the place of delivery designated by Customer and agreed to by The Luggage Professionals ("Place of Delivery").
    2. The Luggage Professionals may, at its discretion, deliver the products by instalments in any sequence. Where the products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by The Luggage Professionals in respect of any one or more instalments shall vitiate the Contract in respect of products previously delivered or undelivered products.
    3. Any dates quoted by The Luggage Professionals for the delivery of the products are approximate only and shall not form part of the Contract. The Luggage Professionals shall not be liable for any delay in delivery of the products and/or services, howsoever caused.
    4. The Luggage Professionals may revise and/or discontinue Products at any time without notice as part of The Luggage Professionals's policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that The Luggage Professionals's policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
  6. ACCEPTANCE OF PRODUCTS

    1. Unless the Customer notifies The Luggage Professionals to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the prices of the Products whilst any claim is being investigated by The Luggage Professionals.
    2. The Luggage Professionals Products purchased under these Terms and Conditions directly from The Luggage Professionals by an end-user Customer may be returned by Customer up to One Hundred (100) days from the date of the invoice for a replacement, refund or credit. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by The Luggage Professionals in as-new or as-shipped-by-The Luggage Professionals condition.
  7. WARRANTY

    1. While not affecting any non-excludable warranty or guarantee implied by law, The Luggage Professionals does not give any warranty that the Products are fit for any particular purpose.
    2. Any warranty claims a customer may have, we encourage contact with “The Luggage Professionals” and we will do our uptmost and what is required by law to address the claim. Alternatively the manufacturer can be contacted directly, where details will be given by our store.
  8. LIABILITY

    1. The Luggage Professionals shall not be liable in contract or in tort for any loss or damage suffered and consumer’s rights are limited to those set out in these Terms and Conditions and under statute.
    2. To the extent permitted by law and subject to clause 10.7, The Luggage Professionals's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
    3. The Customer shall indemnify The Luggage Professionals and keep The Luggage Professionals fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
    4. To the extent permitted by law, The Luggage Professionals and Customer agree that The Luggage Professionals will not be liable for Products not being available for use. The Luggage Professionals shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if The Luggage Professionals has been advised of their possibility.
    5. To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by The Luggage Professionals shall be subject to correction without any liability on the part of The Luggage Professionals.
    6. Under the Act, where implied conditions and warranties cannot be excluded, The Luggage Professionals liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at The Luggage Professionals option, to : Replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired;
  9. FORCE MAJEURE

    Neither party shall be 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 the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

  10. GOVERNING LAW

    These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

  11. GENERAL

    1. The Customer shall not be assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of The Luggage Professionals. Any such unauthorized assignment shall be deemed null and void.
    2. 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.
  12. COPYRIGHT

    All material contained within this website is the copyright of The Luggage Professionals except where credit is noted to other parties. Permission may be sought from The Luggage Professionals to publish material from this website and from third parties direct where so noted.