Terms of Service

1. Acceptance of Terms

These Terms of Service (these "Terms") form a binding agreement between you and Luxekids Holdings Pty Ltd (ABN 88 703 581 551) ("Luxekids", "we", "us" or "our"). They govern your access to and use of the website located at https://luxekidsholdings.online (the "Website") and the supply of wholesale trading and distribution services and related goods by us.

By accessing the Website, requesting a quotation, placing an order or otherwise engaging our services, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or our services.

2. Who We Are

Luxekids Holdings Pty Ltd is a proprietary limited company incorporated in Victoria, Australia, holding Australian Business Number (ABN) 88 703 581 551, with its principal place of business in Melbourne VIC. We provide wholesale trading and distribution services, including product sourcing, bulk supply, warehousing coordination and freight coordination, to business customers across Australia.

3. Business and Trade Supply

Our goods and services are supplied primarily for business, trade and commercial purposes. Unless we agree otherwise in writing, you confirm that any goods you acquire from us are acquired for re-supply, for use in your business or for trade purposes, and not wholly or predominantly for personal, domestic or household use. Nothing in this clause limits any consumer guarantee that applies to your purchase by law.

4. Quotations and Orders

• A quotation provided by us is an invitation to treat and remains valid for 14 days from the date of issue unless a different period is stated on the quotation.
• An order is accepted only when we confirm it in writing, including by email. No order is binding on us until that written confirmation is issued.
• We may decline any order, in whole or in part, including where goods are unavailable, where pricing or stock information is out of date, or where we reasonably believe an order has not been made in good faith.
• Minimum order quantities and trade account requirements may apply and will be set out in your quotation.

5. Pricing, Payment and GST

• All prices are stated in Australian dollars (AUD) and include goods and services tax (GST) where applicable, unless your quotation or invoice expressly states otherwise.
• Payment terms are as stated on your quotation or invoice. Unless otherwise agreed in writing, invoices are payable within 14 days of issue by the payment method nominated on the invoice.
• We may require a deposit before commencing work on large, custom or first-time orders.
• Where an invoice remains overdue, we may suspend further deliveries until all overdue amounts have been paid in full.
• Quoted prices may be adjusted after the quotation validity period to reflect changes in supplier costs, freight charges and currency movements. We will notify you of any price change before accepting your order.

6. Delivery, Risk and Title

• Delivery timeframes provided by us are estimates only and are not guaranteed.
• Delivery is taken to have occurred when goods are delivered to the delivery address you nominate, or when goods are handed to a carrier on your behalf, whichever occurs first.
• Risk in goods passes to you on delivery or on handover to a carrier, whichever occurs first.
• Legal and equitable title in goods passes to you only when we have received payment in full for those goods and any other amounts owing to us.
• Delivery charges, where applicable, are set out in your quotation or invoice.

7. Product Information and Availability

Product descriptions, images and specifications on the Website or in our catalogues are indicative and provided for general information only. Actual goods may vary in packaging, batch, colour or finish. Availability of goods is subject to supplier stock levels, and we do not warrant that any goods advertised will be available at all times. This clause does not limit your rights under the Australian Consumer Law.

8. Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with goods or services, you are entitled to cancel your contract, obtain a refund or replacement, and be compensated for any other reasonably foreseeable loss or damage. For minor failures, we may choose to provide a repair, replacement or refund within a reasonable time.

Nothing in these Terms excludes, restricts or modifies, or purports to exclude, restrict or modify, any applicable consumer guarantees, or any rights and remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law.

9. Returns and Claims

• Please inspect goods on delivery. Claims for damaged, faulty or short-delivered goods should be made as soon as practicable, and in any event within 7 days of delivery, by email to ceo@luxekidsholdings.online quoting your invoice number and, where relevant, attaching supporting photographs.
• Do not return any goods to us without first obtaining our written instructions and, where applicable, a return authorisation.
• Where goods fail to meet a consumer guarantee, remedies will be provided in accordance with the Australian Consumer Law.
• Where we agree to accept a return for other reasons (for example, stock that is no longer required), a restocking fee may apply and original freight charges are not refundable.

10. Limitation of Liability

To the fullest extent permitted by law, and except where liability arises under consumer guarantees that cannot lawfully be limited:

• we are not liable to you for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or business opportunity; and
• our total aggregate liability arising out of or in connection with an order is limited to the amount you actually paid to us for the goods or services the subject of that order.

This clause does not exclude or limit any liability that cannot be excluded or limited under Australian law.

11. Intellectual Property

All content on the Website, including text, graphics, logos and page layout, is owned by Luxekids Holdings Pty Ltd or its licensors and is protected by Australian and international copyright and trade marks law. You may view, download and print pages from the Website for your own business use in connection with orders placed with us. You must not otherwise reproduce, republish or exploit any part of the Website without our prior written consent.

12. Acceptable Use of Our Website

When using the Website you must not breach any applicable law, attempt to gain unauthorised access to systems or data, introduce malicious code, systematically scrape or harvest content, or use the Website to transmit unlawful, defamatory or misleading material. We may suspend or withdraw access to the Website at our discretion.

Information on the Website is provided in good faith and may change. We do not warrant that it is complete, accurate or current at all times, and it does not form part of any contract for supply unless expressly incorporated into your quotation or order confirmation.

13. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Website or engaging our services, you consent to the collection, use and disclosure of your personal information as described in that policy.

14. Suspension and Termination

We may suspend or terminate the supply of goods or services, or your access to the Website, by written notice if: you fail to pay amounts owing when due; you breach these Terms and fail to remedy the breach within 7 days of written notice; or an insolvency event occurs in relation to you. Clauses relating to payment, consumer guarantees, limitation of liability, intellectual property and governing law survive termination.

15. Force Majeure

We are not liable for any delay or failure to perform our obligations to the extent that it results from an event beyond our reasonable control, including supplier or stock shortages, transport and freight disruption, natural disasters, fire, flood, industrial action, pandemic or government restrictions. We will notify you as soon as reasonably practicable and will resume performance as soon as the event ends.

16. Changes to These Terms

We may amend these Terms from time to time. The current version is published on this page together with the "Last updated" date shown above. Changes will apply to orders confirmed after the updated version takes effect, and your continued use of the Website after changes are published constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of Victoria, Australia, and the laws of the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals from those courts.

18. Contact Us

Questions about these Terms can be directed to:

• Email: ceo@luxekidsholdings.online
• Website enquiry form: Contact
• Quotation requests: Request a Quote

Luxekids Holdings Pty Ltd, Melbourne VIC, Australia · ABN 88 703 581 551