Luxette Boutique (ABN 14 735 019 090) reserves the right, at its sole discretion, to change, modify, add or remove any portion of luxetteboutique.com.au or these Terms, in whole or in part, at any time.
Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of luxetteboutique.com.au after any changes to these Terms are posted will be considered acceptance of those changes.
TRADEMARKS & COPYRIGHT
The Luxette Boutique brand name and Luxette Boutique logos, luxetteboutique.com.au, and associated designs, text, graphics and code are the intellectual property of Luxette Boutique and affiliates. Other trademarks, service marks, logos, images or domain names used on luxetteboutique.com.au (including, without limitation, the individual names of movies, television programs, or other entertainment shows and domain names), where not the property of Luxette Boutique, are the trademarks, service marks, logos, and/or domain names of their respective owners (“Third Party Marks”).
You agree that you will not challenge the respective ownership rights of Luxette Boutique or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of Luxette Boutique’s Marks or Third Party Marks.
Luxette Boutique has a great selection of, bodysuits, jumpsuits, swim wear, outerwear, shorts, skirts, pants, maxi dresses, formal gowns, evening wear, cocktail dresses, bandage dresses and bodycon bresses inspired by Celebrity Fashion. We strive to offer you the best deals on your favourite celebrity inspired look; we do not sell branded designer items unless they are specifically branded by their respective labels. Note that these products are 100% Authentic items. Some of our items are designer inspired; we do not represent the merchandise displayed on our website being sold as copies, fakes, knock-offs or replicas. Therefore, they do not violate any copyright laws. Any reference to brand names or “compare to” are made strictly for comparison purposes. The items for sale on the Luxette Boutique website have not been endorsed, recommended or approved by the celebrities named or featured throughout the site.
Luxette Boutique is not affiliated with, related to, nor endorsed by, any of the persons (including, but not limited to, celebrities), production companies, studios, publishers and/or networks mentioned or represented on these pages. The names and/or photos of the celebrities, programs, studios, publishers, images, production companies and networks are incorporated herein solely as a fair use under the Copyright Act to help reference and identify clothing worn on television, in movies or in other media. Any trademarks mentioned are the sole property of their respective owners. If your (or a person or entity you represent’s) photograph, video, or other copyrighted material appears on the Luxette Boutique website without your permission, we would be happy to remove it from the Luxette Boutique website. If you (or a person or entity that you represent) are seen on this website and you do not consent to said use of your (or the person or entity that you represent’s) image or likeness herein, we would be happy to remove it from the Luxette Boutique website. Please email us with the following information: (1) Your legal name (and stage name if applicable) and contact information (including e-mail address, physical address, and daytime telephone number (2) The legal name (and stage name if applicable) of the person or entity that you represent, if you are doing this on another’s behalf, and a representation that you are a duly authorised representative of that person or entity. (3) A link, or specific reference, to the objectionable material. (4) Any other information you believe to be relevant to allow Luxette Boutique to efficiently process your request. (5) The following statement: “I state under penalty of perjury of the laws of Australia and the United States, that the above statements are true and correct.” (6) Physical or digital signature (/s/ name /s/)
CREDIT CARD SAFETY
Our goal is to provide you with a safe and convenient online shopping experience. When placing an order online, your information is transmitted using Secure Sockets Layer (SSL) technology, the approved industry standard. We choose to use Paypal and eWay Australia as our preferred payment method.
COLLECTION & USE OF PERSONAL INFORMATION
When you visit luxetteboutique.com.au, with the help of our third party authorised agents, we collect information (such as IP address, domain name, browser type, broad geographical information, site-navigation pattern, etc.) to improve our website and to refine our marketing campaigns and promotions. We do not gather any personally identifying information about you when you visit this site, unless you choose to provide such information to us.
We collect certain personally identifiable information when you sign in to the Luxette Boutique website; register for online shopping; participate in a contest, promotion or survey; or, request other services that require information, registration or subscription. This information may include your name, billing address, phone number, e-mail address, credit card number and expiration date, your birth date, your driver’s license number and state of issuance to verify your identity. We also keep a record of your product interests and purchases online and in our stores, and automatically receive and record information on our server logs from your browser (including your IP address, Luxette Boutique cookie information and the page you requested).
Luxette Boutique may also share aggregate site and demographic information (such as age, gender, types of products or services purchased, and luxetteboutique.com.au navigation, usage and page view). Such information does not identify any individual person and allows us to provide a more enjoyable online shopping experience.
Please be aware that our site may contain links to other sites hosted by third parties.
Luxette Boutique does not control and is thus not responsible for the content or privacy practices and policies of such other sites.
If you decide to become a luxetteboutique.com.au member, you agree to (1) provide accurate, current and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with these Terms. You may review, correct, change or update your membership information by visiting the Your Account section of luxetteboutique.com.au.
You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership. As part of the membership sign in process, you will be asked to select a member name and password. You may not choose a member name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion.
We reserve the right to reject any member name in our sole discretion. You agree not to transfer or resell your use of or access to luxetteboutique.com.au or permit anyone else whose account or membership was suspended or terminated to use luxetteboutique.com.au through your account, member name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your member information, and immediately notify us by emailing. You are solely responsible for maintaining the confidentiality of your member name and password for any and all activities (including purchases) that are conducted through your account.
ACCESS, CHANGE OR DELETE YOUR INFORMATION
You may, at any time, access and update or remove your personal information by contacting our store via email. In addition, if you prefer not to receive information from us, either through e-mail or regular mail, you may opt out of receiving these emails where possible from within the body of these emails.
Please note that it may take up to 3 weeks for your request to become effective. Thereafter, when you make purchases, we may still send you an e-mail confirmation and may need to contact you by phone or email if we have other questions regarding your order.
TERMINATION OF YOUR ACCOUNT
You understand and agree that Luxette Boutique may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information.
You understand and agree that Luxette Boutique may take any one or more of these actions without prior notice to you. You understand and agree that Luxette Boutique shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account.
LICENCE TO USE OUR WEBSITE
Luxette Boutique grants you a non-exclusive, non-transferable, limited right to access, use and display of luxetteboutique.com.au, and the materials thereon for your personal use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of luxetteboutique.com.au in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
You understand and agree that you may not reproduce copy, resell, manipulate, or exploit any part of luxetteboutique.com.au for any commercial purpose, nor may you frame or mirror any part of luxetteboutique.com.au without Luxette Boutique’s prior written authorisation. Further you may not create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from luxetteboutique.com.au without the prior written permission of Luxette Boutique.
DISCLAIMER OF WARRANTY
(A) Users expressly agree that use of the service is at his or her sole risk. Neither Luxette Boutique, its affiliates nor any of their respective employees, agents, third-party content providers or licensees, if any, warrant that the service will be uninterrupted or error free: nor do they make any warranty as to the results that may be obtained from use of the service or as to the accuracy, reliability, or content of any information, service, (or merchandise) provided through the service.
(B) The service is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
(D) In no event will Luxette Boutique or any person or entity involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.
(E) Luxette Boutique neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the online service.
(F) Luxette Boutique does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
(G) Each user specifically acknowledges that in no event will Luxette Boutique, its affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third party in connection with the service. Each user shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the service and users shall be responsible for all charges related thereto.
POLICY OF YOUNG CHILDREN
Luxette Boutique is concerned about the privacy of young children and we do not knowingly collect any personal information from a child under 13 years of age. Luxette Boutique does not sell products for purchase by children.
From time to time there may be information on luxetteboutique.com.au that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales and Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located New South Wales, Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.