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1.1 “Luggage Collective” (“we”, “our”, “us” or “LC”) means Luggage Collective Pty Ltd (ABN 45 630 773 714), its successors and assigns or any person acting on behalf of and with the authority of Luggage Collective Pty Ltd (ABN 45 630 773 714).
1.2 “Services” means the Luggage Collective website located at luggagecollective.com.au (the “Site”) and related services including Luggage Collective’s luggage rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Luggage” means all Luggage (including any travel accessories e.g. suitcases) supplied on hire by Luggage Collective to the User (and where the context so permits shall include any incidental supply of services). The Luggage shall be as described on any invoices or other documentation provided by Luggage Collective to the User.
1.5 “Rental Period” means the set-day period that the User booked the Luggage for - starting from the day the Luggage is delivered to the User’s delivery address, to the day the Luggage is supposed to be collected by the courier, as shown on Luggage Collective’s website.
1.6 “Rental Price” (“price”) means the cost of the hire of the Luggage as agreed between Luggage Collective and the User subject to clause 4 of this contract.
1.7 “Rental Return Due Date” means the date the Luggage is expected to be back at Luggage Collective’s warehouse. The Rental Return Due Date is calculated to be within 2 to 3 business days from the end of Rental Period, depending on the User’s location.
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the User hires Luggage as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by Luggage Collective from the User for the hire of Luggage and/or the User’s acceptance of Luggage supplied on hire by Luggage Collective shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of Luggage Collective.
3.4 The User shall give Luggage Collective not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, contact number, or business practice). The User shall be liable for any loss incurred by Luggage Collective as a result of the User’s failure to comply with this clause.
3.5 Luggage is supplied by Luggage Collective based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.
4.1 The Price shall be Luggage Collective’s current Price, at the date of delivery of the Luggage, according to Luggage Collectives’s current Price list as detailed on Luggage Collective’s website.
4.2 Luggage Collective reserves the right to change the Price in the event of a variation to the User’s requirements.
4.3 At Luggage Collective’s sole discretion a deposit may be required.
4.4 At Luggage Collective’s sole discretion a bond may be required which shall be refunded upon return of the Luggage in a condition acceptable to Luggage Collective.
4.5 At Luggage Collective’s sole discretion:
(a) payment shall be due before delivery of the Luggage; or
(b) payment for approved Users shall be made by instalments in accordance with Luggage Collectives’s payment schedule.
4.6 Payment may only be made by Paypal, credit card (only Amex, Mastercard and Visa accepted) or by any other method as agreed to between between Luggage Collective and the User.
4.7 In the event an invoice is issued for payment for any reason then payment shall be due within seven (7) days of the date of the invoice.
4.8 Receipt by Luggage Collective of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
4.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.10 All Prices on our website are denominated in Australian Dollars.
5.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and shall continue until the Luggage is collected by the courier.
5.2 Where Luggage has not been returned to Luggage Collective by the Rental Return Due Date then Luggage Collective shall be entitled to charge additional hire fees until the Luggage is returned to Luggage Collective and the User expressly authorises Luggage Collective to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of $30 for each day overdue.
5.3 When counting overdue days Luggage Collective shall not count either Weekends or Public Holidays when couriers are not in operation.
5.4 If the User pays Luggage Collective an amount equal to 150% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
5.5 If the User has not returned the rental item(s) within 15 days after the return date, Luggage Collective will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value.
6.1 At Luggage Collectives’s sole discretion delivery of the Luggage shall be deemed to have taken place when the Luggage is delivered to the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.
6.2 The fastest shipping method is automatically applied at checkout to ensure your order is with you by 8pm on your requested date. Our shipping fee ranges between $10.95 - $15. This fee includes the delivery to you, and the return back to us (via pre-booked courier collection).
Luggage Collective’s standard delivery method is Couriers Please (see Couriers Please's Terms and Conditions). Domestic Priority Delivery is usually same day or next business day delivery within the Couriers Please domestic network only. If the User’s location is outside of Domestic network, it will take more than one business day and Luggage Collective has no control over this.
6.3 The User shall make all arrangements necessary to take delivery of the Luggage whenever tendered for delivery. In the event that the User is unable to take delivery of the Luggage at the nominated delivery address and for any reason Luggage Collective is required to redeliver the Luggage then Luggage Collective shall be entitled to charge a reasonable fee for the redelivery.
6.4 Any delivery time or date given by Luggage Collective to the User is an estimate only. The User must still accept delivery of the Luggage even if late and Luggage Collective will not be liable for any loss or damage incurred by the User as a result of the delivery being late.
7.1 Luggage Collective retains property in the Luggage nonetheless all risk for the Luggage passes to the User on delivery.
7.2 The User accepts full responsibility for the safekeeping of the Luggage.
7.3 Luggage Collective offers free damage insurance to the value of one hundred dollars ($100) to cover minor damage, staining or marks. For minor damage and/or staining if Luggage Collective assesses (at its sole discretion) that the cost of repairs will be over one hundred dollars ($100), then the User will be required to pay the difference (e.g. if the repair cost is one hundred and fifty dollars ($150), then Luggage Collective will require the User to pay fifty dollars ($50).
7.4 If the Luggage gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, Luggage Collective will take into account, the demand of that luggage in the market, the availability to purchase that luggage in the market, the condition of the luggage, and the rental fee that the User has already made.
7.5 To prevent the potential use of fraudulent credit cards (or other payment types), Luggage Collective withholds the right to request proof of identity for orders it deems high value. Orders containing three or more items may be subject to this request. Where fraudulent activity is suspected, Luggage Collective follows internal verification methods to ensure that the order is valid. If Luggage Collective cannot confirm this, the order may be cancelled. If this is the case, the customer will be notified by email.
8.1 The Luggage is and will at all times remain the absolute property of Luggage Collective.
8.2 If the User fails to return the Luggage to Luggage Collective then Luggage Collective or Luggage Collective’s agent may (as the invitee of the User) enter upon and into land and premises owned, occupied or used by the User, or any premises where the Luggage is situated and take possession of the Luggage.
9.1 The User shall inspect the Luggage on delivery and shall within four (4) hours of receipt of the Luggage notify Luggage Collective (by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered.
10.1 If the User wishes to cancel an order, a cancellation request form must be submitted on Luggage Collectives’s website as soon as possible. No cancellation fees will be applied when cancelling a booking more than 14 days prior to the start of the rental period. When cancelling within 7 days of your rental period, a $19.95 cancellation fee will be applied and a fee of $12.95 will be applied when cancelling between 7 days and 14 days prior to your rental period. Once the item has been dispatched from Luggage Collectives’s premises, a refund request must be submitted instead of cancellation request via Luggage Collective’s website.
10.2 All Luggage which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to Luggage Collective within twenty-four (24) hours of signing for the delivery (unused). A refund request must be submitted within 24 hours of delivery. Any refund requests submitted after 24 hours are not eligible for a refund. Once Luggage Collective has received an unused luggage back at the warehouse, Luggage Collective will issue the User a full refund of the luggage rental cost, minus the shipping cost.
10.3 Whilst Luggage Collective will make every effort to process a refund/cancellation as quickly as possible, the refund process can take approximately ten to twenty (10-20) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that Luggage Collective has no control over such Credit card issuers processes.
10.4 Luggage Collective may cancel these terms and conditions or cancel the delivery of Luggage at any time before the Luggage is delivered by giving written notice. On giving such notice Luggage Collective shall repay to the User any sums paid in respect of the Price. Luggage Collective shall not be liable for any loss or damage howsoever arising from such cancellation. In which event Luggage Collective will issue the User a full refund of the luggage rental cost, minus the shipping cost.
11.1 The User shall:
(a) immediately notify Luggage Collective of any damage to the Luggage that occurs during the hire period;
(b) on termination of the hire, re-box and pack all luggage as delivered in good order, fair wear and tear accepted and make available for the pre-booked courier collection for return to Luggage Collective.
(c) keep the Luggage in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Luggage (except for reasonable requirements whilst travelling including check in with the airline);
(d) not alter or make any additions to the Luggage or in any other manner interfere with the Luggage.
12.1 If the User owes Luggage Collective any money the User shall indemnify Luggage Collective from and against all costs and disbursements incurred by Luggage Collective in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Luggage Collective’s collection agency costs, and bank dishonour fees).
12.2 Without prejudice to any other remedies Luggage Collective may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire Luggage Collective may repossess the Luggage as per clause 8.2, or suspend or terminate the supply of Luggage to the User and any of its other obligations under the terms and conditions. Luggage Collective will not be liable to the User for any loss or damage the User suffers because Luggage Collective has exercised its rights under this clause.
12.3 Without prejudice to Luggage Collectives’s other remedies at law Luggage Collective shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies Luggage Collective may have and all amounts owing to Luggage Collective shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Luggage Collective becomes overdue, or in Luggage Collective’s opinion the User will be unable to meet its payments as they fall due; or
(b) the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the User.
13.1 In consideration of Luggage Collective agreeing to supply Luggage, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The User indemnifies Luggage Collective from and against all Luggage Collective’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Luggage Collective’s rights under this clause.
13.3 The User irrevocably appoints Luggage Collective and each director of Luggage Collective as the User's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the User's behalf.
For any content that you submit - any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service - you grant Luggage Collective a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. All content that you submit may be used at Luggage Collective’s sole discretion. We reserve the right to change, condense or delete any content on our website that Luggage Collective deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Luggage Collective does not guarantee that you will have any recourse through Luggage Collective to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, Luggage Collective reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Luggage Collective, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Luggage Collective, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees. By submitting any content to Luggage Collective, you represent and warrant that:
You further agree and warrant that you shall not submit any content:
You agree to indemnify and hold Luggage Collective (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
15.1 The User agrees for Luggage Collective to obtain from a credit reporting agency a credit report containing personal credit information about the User in relation to credit provided by Luggage Collective.
15.2 The User agrees that Luggage Collective may exchange information about the User with those credit providers either named as trade referees by the User or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the User; and/or
(b) to notify other credit providers of a default by the User; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the User is in default with other credit providers; and/or
(d) to assess the creditworthiness of the User
The User understands that the information exchanged can include anything about the User's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
15.3 The User consents to Luggage Collective being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
15.4 The User agrees that personal credit information provided may be used and retained by Luggage Collective for the following purposes (and for other purposes as shall be agreed between the Client and Luggage Collective or required by law from time to time):
(a) the provision of Luggage on Hire; and/or
(b) analysing, verifying and/or checking the User's credit, payment and/or status in relation to the provision of Luggage on hire; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User's account and/or the collection of amounts outstanding in the User's account in relation to the hire of the Luggage.
15.5 Luggage Collective may give information about the User to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the User;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the User.
15.6 The information given to the credit reporting agency may include:
(a) personal particulars (the User's name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the User's application for credit or commercial credit and the amount requested;
(c) advice that Luggage Collective is a current credit provider to the User;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the User's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Luggage Collective, the User has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the User's credit obligations);
(g) advice that cheques drawn by the User for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the User by Luggage Collective has been paid or otherwise discharged.
16.1 User acknowledges and agrees that Luggage Collectives’s trademark shall remain the intellectual property of Luggage Collective at all times and further agrees that they shall not use the same for any purpose whatsoever without the express written approval of Luggage Collective.
17.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
17.2 Upon assenting to these terms and conditions in writing the User acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Luggage that has previously been supplied and that will be supplied in the future by Luggage Collective to the User.
17.3 The User undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Luggage Collective may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 18.3(a)(i) or 18.3(a)(ii);
(b) indemnify, and upon demand reimburse, Luggage Collective for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Luggage charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Luggage Collective;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Luggage in favour of a third party without the prior written consent of Luggage Collective.
17.4 Luggage Collective and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
17.5 The User waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
17.6 The User waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
17.7 Unless otherwise agreed to in writing by Luggage Collective, the User waives their right to receive a verification statement in accordance with section 157 of the PPSA.
17.8 The User must unconditionally ratify any actions taken by Luggage Collective under clauses 18.3 to 18.5.
17.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Sydney New South Wales.
18.3 Luggage Collective shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by Luggage Collective of these terms and conditions (alternatively Luggage Collectives’s liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Luggage).
18.4 Luggage Collective reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Luggage Collective notifies the User of such change. Except where Luggage Collective supplies further Luggage to the User and the User accepts such Luggage, the User shall be under no obligation to accept such changes.
18.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
18.6 The failure by Luggage Collective to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Luggage Collective’s right to subsequently enforce that provision.
18.7 Unless otherwise specified, the User agrees that by sending or tagging photos of using or wearing Luggage Collective Luggage, Luggage Collective may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.
Additional Clauses Applicable to the Sale of Luggage
19.1 Luggage Collective and the User agree that the ownership of Luggage shall not pass until:
(a) the User has paid Luggage Collective all amounts owing to Luggage Collective; and
(b) the User has met all of its other obligations to Luggage Collective.
19.2 Receipt by Luggage Collective of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
19.3 It is further agreed that until ownership of the Luggage passes to the User in accordance with clause 20.1 that:
(a) the User is only a bailee of the Luggage and must return the Luggage to Luggage Collective on request.
(b) the User holds the benefit of the User's insurance of the Luggage on trust for Luggage Collective and must pay to Luggage Collective the proceeds of any insurance in the event of the Luggage being lost, damaged or destroyed.
(c) the User must not sell, dispose, or otherwise part with possession of the Luggage. If the User sells, disposes or parts with possession of the Luggage then the User must hold the proceeds of any such act on trust for Luggage Collective and must pay or deliver the proceeds to Luggage Collective on demand.
(d) the User irrevocably authorises Luggage Collective to enter any premises where Luggage Collective believes the Luggage is kept and recover possession of the Luggage.
(e) Luggage Collective may commence proceedings to recover the Price of the Luggage sold notwithstanding that ownership of the Luggage has not passed to the User.
20.1 The User must inspect the Luggage on delivery and must within seven (7) days of delivery notify Luggage Collective in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Luggage as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow Luggage Collective to inspect the Luggage.
20.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
20.3 Luggage Collective acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
20.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Luggage Collective makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Luggage. Luggage Collective’s liability in respect of these warranties is limited to the fullest extent permitted by law.
20.5 If the User is a consumer within the meaning of the CCA, Luggage Collective’s liability is limited to the extent permitted by section 64A of Schedule 2.
20.6 If Luggage Collective is required to replace the Luggage under this clause or the CCA, but is unable to do so, Luggage Collective may refund any money the User has paid for the Luggage.
20.7 Subject to this clause 22, returns will only be accepted provided that:
(a) the User has complied with the provisions of clause 19.1; and
(b) Luggage Collective has agreed that the Luggages are defective; and
(c) the Luggages are returned within a reasonable time at the User's cost (if that cost is not significant); and
(d) the Luggages are returned in as close a condition to that in which they were delivered as is possible.
20.8 Notwithstanding clauses 19.1 to 19.7 but subject to the CCA, Luggage Collective shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Luggage;
(b) the User continuing the use of any Luggage after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.