Terms and Conditions

1.    Effect of terms  

(a)   These terms apply to the ordering, purchase and delivery of luxury products (Products) from selected third party retailers via our Instagram page, phone or email and form a contract between you and Paris Findley, trading as PH Luxury ABN 57 978 977 800 (PH Luxury or we).

(b)   Please read these terms carefully before you accept an order.  By submitting an order for Products, you agree and accept these terms. PH Luxury reserves the right to change these terms at its discretion without notice.  Amendments will be effective immediately upon notification on its  website.

(c)   If you are agreeing to these terms on behalf of a business entity, you represent to PH Luxury that you have legal authority to bind that entity.

2.    Orders

(a)   Upon placing an enquiry for a Product either via Instagram, phone (+61451145504) or email (paris@phluxuryshopper.com.au), PH Luxury will send you a quote for sourcing the Product from a third party retailer (Retailer), setting out the price of the Product payable to the Retailer (Cost Price) and the fee (Service Fee) PH Luxury will charge for its services (together the Price). 

(b)   If you agree to the Price, you must notify PH Luxury that you accept the quote and agree for us to purchase the Product on your behalf via the Retailer.

(c)   If PH Luxury is unable to source the Product for any reason, we will inform you of this in writing and will not charge you for the Product or for our Service Fee in attempting to procure that Product.

(d)   You acknowledge that any Product purchased under these terms is intended for personal non-commercial use only.

3.    Delivery

(a)   The costs of delivery will be as displayed to you on an order.

(b)   If no-one is at the delivery address or there is limited access to the delivery address, and a signature is not required for the delivery, the delivery agent may leave a collection card with instructions on where to collect the Product.

4.    Passing of risk and title

(a)   Risk in the Product will pass to you on shipment of the Product from the Retailer.

(b)   Title to the Product will not pass to you until PH Luxury receives payment in full for the Product. 

5.    Price and payment

(a)   When PH Luxury accepts an order, we will charge you and you agree to pay the Price for the Product and any applicable delivery fee.

(b)   The Price (which will include all applicable taxes payable to us and the Retailer but will exclude any customs or import charges payable on entry into Australia) will be processed in Australian Dollars.  Where payment is not received in full prior to us processing your order with the Retailer, we reserve the right to amend the Price to reflect any changes in the exchange rate between the Australian dollar and the currency used to acquire the Product.

(c)   Unless we have agreed otherwise, you must pay for the Product Prior to the Product being dispatched.

(d)   At our discretion, we may agree to a payment plan with respect to the Price.  If we do, the terms and payment dates will be incorporated into these terms and must be strictly complied with.  If you do not make any payment owing by the due date, PH Luxury may charge an administration fee of $50 per week for each week in which the payment is overdue.

(e)   Payments can be made either via credit card (which incurs a 3% surcharge), bank transfer, Transferwise or via such other payment platform adopted by PH Luxury from time to time.

(f)    If you make a payment via credit card, you agree that your payment will be processed via Stripe (a certified platform).  We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card. 

6.    Refunds

(a)   You are entitled to a refund if you cancel an order within 24 hours of acceptance, and only if PH Luxury is able to cancel the order with the Retailer.  If a refund is processed, PH Luxury will refund you the price you paid for the products, by the payment method you used.

(b)   Other than under clause 6(a), you acknowledge that, to the extent permitted by law, you are not entitled to a refund if you change your mind after placing an order for a Product and are liable to pay the full Price for that Product.

7.    Disclaimer

(a)   PH Luxury, its agents, officers and employees: (i) make no representations, express or implied, as to the accuracy of the information and data contained on its website and Instagram page and all information is made available on an “as is” basis; (ii) make no representations as to the availability of products sourced from Retailers; and (iii) make no representations, either express or implied, as to the suitability of the products for any particular purpose.

(b)   You acknowledge that all images and descriptions of the Products are based on descriptions provided by Retailers and PH Luxury makes no representations and accepts no liability for Products which fail to correspond with any descriptions of Products provided by Retailers.

(c)   PH Luxury will not be liable to you if the supply of the Products is delayed due to an event outside of our reasonable control.

(d)   All liability is excluded to the maximum extent permitted by law.

(e)   You acknowledge and agree that: (i) we may locate Products from overseas suppliers that may not be subject to the same or similar consumer protection laws as those in Australia;  (ii) PH Luxury is not an importer, distributor or reseller, will be acquiring a Product from the Retailer on your behalf and is not, to the maximum extent permitted by law, liable for any defect, warranty claim, loss or theft of any Product; and (iii) to the extent a Product is defective, you may be required to engage directly with the Retailer to resolve any claim.

8.    Privacy

When source Products on your behalf, PH Luxury may need to share your personal information with the Retailers for the limited purpose of processing an order and delivering the Products. Any personal information will be collected, stored and processed in accordance with the Privacy Act 1988 (Cth) and any other applicable legislation.

9.    Australian Consumer Law

If the Australian Consumer Law applies to the supply of goods or services, PH Luxury acknowledges and agrees that its goods and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law will apply:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

·        to cancel your service contract with us; and

·        to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

10.  General

(a)   Queensland Law governs these terms. Each party irrevocably submits to the non-exclusive jurisdiction of the Queensland courts and courts competent to hear appeals from those courts.

(b)   If any provision of these terms is illegal or unenforceable it may be severed and the remaining provisions continue in force.