Luxe Again Auctions — Terms & Conditions (Online Bidding)
These Terms & Conditions govern all online bidding and purchases made through Luxe Again Auctions (“LAA”, “we”, “our”, “us”). By registering to bid, placing a bid, or purchasing an item, you accept and agree to these Terms & Conditions.
1. Auction format and inspections
1.1 All auctions are conducted online only through the Luxe Again Auctions platform.
1.2 Physical inspections are available strictly by appointment at the Luxe Again showroom located at Level 4, Suite 404, 75 King Street, Sydney NSW 2000.
1.3 Items offered for sale may include, without limitation, handbags, watches, branded jewellery, and accessories. Any condition reports, photographs, videos, descriptions, or statements provided are supplied as guidance only, reflect opinion, and do not constitute representations, warranties, or guarantees, except as required by Australian Consumer Law.”
1.4 It is the bidder’s sole responsibility to inspect any item to their satisfaction prior to bidding, whether in person or via the digital material provided. Prior to placing a bid, bidders must carefully review all available descriptions, images, videos, and information relating to the item.
1.5 By placing a bid, the bidder confirms that they have reviewed all available descriptions, images, videos, and conditions, have relied on their own assessment, and accept the item in its stated condition.
1.6 Each auction will have a specified start time and end time as displayed on the website. Bidders are responsible for monitoring the auction and ensuring bids are submitted before the closing time. Luxe Again Auctions accepts no responsibility for bids missed due to internet failure, system delay, technical malfunction, user error, or any other cause.
1.7 Luxe Again Auctions will set a minimum starting bid for each lot. All bids must be equal to or greater than the current bid displayed.
1.8 All bids are final and irrevocable. Once submitted, a bid cannot be withdrawn, reduced, or cancelled.
1.9 All lots are sold subject to a buyer’s premium. The applicable buyer’s premium is disclosed on the lot listing and forms part of the total purchase price
1.10 By placing a bid, the bidder acknowledges and agrees that they are making a binding offer to purchase the item if they are the successful bidder.
1.11 All bids placed via the website are processed immediately and take effect upon submission.
1.12 Where two bids of the same amount are received, priority will be given to the bid received first. In the event of any dispute regarding bidding, Luxe Again Auctions has absolute discretion to determine the outcome, and its decision will be final and binding.
1.13 The online bidding system will display whether a bidder currently holds the highest bid or has been outbid.
1.14 Luxe Again Auctions reserves the absolute right to:
- refuse or reject any bid
- place, remove, or vary a reserve on any lot
- not disclose any reserve price
- place bids on behalf of bidders in accordance with the auction rules, whether disclosed or undisclosed
- withdraw any lot at any time prior to sale due to error, misdescription, or unavailability
- require immediate payment of a deposit or the full purchase price
- refuse access to the auction platform to any person or entity
1.15 At the close of the auction, the highest bidder for a lot will be deemed the successful buyer. A binding contract for sale is formed at that time between the buyer and Luxe Again Auctions.
1.16 The successful buyer will be notified by email following the close of the auction.
1.17 The buyer must pay all amounts due to Luxe Again Auctions, including:
- the hammer price
- a buyer’s premium of 20 percent
- Australian GST, where applicable
- credit card processing fees, where applicable
- delivery and insurance costs, where applicable
- government duties, taxes, or charges, where applicable
- any other applicable costs or expenses
1.18 All bids are deemed to be exclusive of Australian GST unless expressly stated otherwise on the lot listing or invoice.
1.19 By placing a bid, the bidder warrants that they have sufficient immediately available funds to complete the purchase in full.
2. Seller’s representations and condition
2.1 All lots are offered for sale “as is”. Luxe Again Auctions makes reasonable efforts to describe the condition, brand, materials, measurements, and other characteristics of each lot; however, no description, statement, or illustration constitutes a guarantee or warranty.
2.2 Any representation or statement made by Luxe Again Auctions in any catalogue, online listing, advertisement, brochure, or other material relating to the authorship, origin, date, age, period, attribution, genuineness, provenance, condition, quality, or estimated selling price of any lot is a statement of opinion only. Illustrations and photographs are provided solely for guidance and may not accurately represent tone, colour, or surface condition, nor do they necessarily reveal all imperfections.
2.3 All measurements, sizes, and weights are approximate only. Bidders must satisfy themselves as to accuracy prior to bidding.
2.4 Vintage and preloved items commonly show wear consistent with age, use, and prior handling. Some catalogue descriptions may refer to damage, repairs, restoration, or replacement parts. Such references are provided for guidance only. The absence of any reference to defects, damage, or restoration does not imply that a lot is free from defects, nor does reference to a particular defect imply the absence of others.
2.5 Buyers must rely on their own inspection, enquiries, and judgment in deciding whether to bid. Buyers are encouraged to request condition reports, additional photographs, or further information prior to the auction. Any explanation of cataloguing practice contained in the catalogue forms part of the auction material and should be reviewed by bidders.
2.6 Where authentication documents, service records, or certificates exist, they will be supplied only where expressly stated in the lot description.
2.7 All watch movements offered for sale are genuine. However, watches may contain aftermarket or replacement components, including but not limited to dials, cases, bracelets, bezels, diamonds, gemstones, or other decorative elements, unless expressly stated otherwise in the lot description.
2.8 All auction sales are final. There is no refund, return, exchange, or credit policy, except where required by Australian Consumer Law. Winning bids cannot be cancelled, reversed, or reserved once the auction has closed.
2.9 Upon the close of the auction, the successful bidder becomes the legal owner of the lot, subject to full payment being made in accordance with these terms. Buyers must ensure they are satisfied with the condition and description of any lot prior to bidding.
3. Registration and bidding
3.1 All online bidders must create an online bidding account with Luxe Again Auctions and accept the applicable terms and conditions for each auction prior to bidding. There is no cost to create an account or to become a registered bidder.
3.2 By registering, the bidder confirms that they are at least 18 years of age and legally permitted to enter into a binding contract.
3.3 Registration requires completion of an online bidding registration form, including the bidder’s full legal name, residential or business address, telephone number, and email address. The registered bidder is solely authorised to use their chosen username and password and is responsible for all activity conducted under that account.
3.4 It is the bidder’s responsibility to maintain the confidentiality of their username, password, and any login credentials associated with access to the Luxe Again Auctions platform.
3.5 The bidder must immediately notify Luxe Again Auctions if they become aware of, or reasonably suspect, any unauthorised use of their username, password, or personal details.
3.6 If a bidder fails to protect their login details, discloses their credentials to any third party, or permits another person to access or use their account or personal details for bidding purposes, the bidder remains fully liable for all bids placed and for all costs, fees, charges, losses, or damages incurred by Luxe Again Auctions as a result, including amounts payable following a successful online bid.
3.7 Luxe Again Auctions may, at its discretion, require identity verification, proof of address, or payment authorisation prior to permitting bidding or confirming a successful bid.
3.8 All bids are final, binding, and irrevocable. Bids cannot be withdrawn once placed. Luxe Again Auctions may set bid increments, manage bidding activity, resolve bidding disputes, and determine the successful bidder at its absolute discretion. All decisions are final and binding.
3.9 Upon winning a lot, the successful bidder must complete full payment within 24 hours of the auction closing. Payment may be made by bank transfer, PAY ID, or in-person credit card payment at the Luxe Again showroom. For in-person credit card payments, valid government-issued photo identification must be provided.
3.10 Title to any item does not pass to the buyer until full cleared payment has been received by Luxe Again Auctions.
3.11 Once payment has cleared, items may be collected by appointment from the Luxe Again Sydney showroom. For domestic shipments within Australia, branded jewellery and handbags will be shipped via Australia Post Express, with insurance cover up to AUD $5,000 included in the buyer’s premium. Any insurance cover required in excess of AUD $5,000 for branded jewellery and handbags is at the buyer’s cost and must be paid prior to dispatch. Vintage watches will be shipped within Australia via FedEx Express, with shipping and insurance for the full declared value included.
For international shipping of vintage watches, branded jewellery, and handbags, a shipping quotation will be provided upon request. All international shipping costs, customs clearance fees, import duties, taxes, and any other government charges are strictly the responsibility of the buyer.
3.12 If a bidder uses a false name, stolen or forged payment method, or provides any fraudulent, misleading, or deceptive information, Luxe Again Auctions may refer the matter to the police and/or other relevant authorities and may commence proceedings against the bidder to recover any losses, costs, or damages suffered as a result.
4. Buyer’s Obligations, Prices and Fees
4.1 The successful bidder (“Buyer”) must pay, in full, the following amounts:
- the hammer price (being the successful bid amount);
- Australian GST at the prevailing rate where applicable;
- a buyer’s premium of 20 percent, inclusive of GST where applicable; and
- any additional fees or expenses notified to the Buyer, including (without limitation) payment processing or credit card surcharges, bank fees, storage charges, and shipping or insurance costs not otherwise included in the buyer’s premium.
4.2 Unless expressly stated otherwise, GST is applied at 10 percent in accordance with Australian law. Where GST is not applicable to a particular lot or transaction, this will be stated on the lot listing or invoice.
5. Buyer Default, Non-Payment and Remedies
5.1 If the Buyer fails to pay all amounts due within the required payment timeframe, the Buyer will be deemed to be in default.
5.2 In the event of Buyer default, Luxe Again Auctions may, at its absolute discretion and without limiting any other rights or remedies available at law:
- cancel the sale and terminate the contract for the affected lot;
- retain any deposit or partial payment made (to the extent permitted by law);
- resell the lot, whether by private sale or subsequent auction, without reserve or notice to the Buyer;
- recover from the Buyer any shortfall between the original hammer price and the resale price, together with all associated costs, fees, commissions, buyer’s premiums, storage, insurance, legal expenses, and resale costs;
- charge the Buyer for reasonable storage, handling, and insurance costs incurred as a result of non-payment or delayed collection;
- set off any amounts owed by the Buyer against any monies held by Luxe Again Auctions on behalf of the Buyer; and
- pursue recovery of the full purchase price or any losses suffered by Luxe Again Auctions through legal proceedings.
5.3 Until all outstanding amounts are paid in full, Luxe Again Auctions may refuse to release the lot or any other property purchased by the Buyer.
5.4 Where a Buyer is in default, Luxe Again Auctions may immediately suspend, restrict, or permanently block the Buyer’s registered bidding account, without notice, and refuse the Buyer access to any future auctions.
5.5 Luxe Again Auctions’ rights under this section are cumulative and do not limit any other rights or remedies available under these terms, at law, or in equity.
6. Collection, Storage and Abandoned Lots
6.1 All lots must be collected or dispatched within the timeframe notified by Luxe Again Auctions following receipt of cleared payment.
6.2 Collection is strictly by appointment only from Luxe Again’s main showroom located at Level 4, Suite 404, 175 King Street, Sydney NSW. No walk-ins will be accepted. Buyers must arrange a collection appointment in advance and present valid identification at the time of collection.
6.3 If a Buyer fails to collect or arrange dispatch of a lot within the required timeframe, Luxe Again Auctions may charge reasonable storage, handling, and insurance fees until the lot is collected or dispatched.
6.4 Luxe Again Auctions may, at its discretion, store lots at the Buyer’s risk and expense or arrange third-party storage. Luxe Again Auctions accepts no liability for loss or damage to a lot while in storage, except to the extent required by Australian Consumer Law.
6.5 If a lot remains uncollected for 30 days after payment has been received, Luxe Again Auctions may, after providing reasonable notice to the Buyer, deem the lot abandoned.
6.6 In the event a lot is deemed abandoned, Luxe Again Auctions may, without further notice, resell the lot by auction or private sale. Any proceeds of sale may be applied to outstanding storage, handling, insurance, resale costs, and any other amounts owed by the Buyer. Any shortfall remains payable by the Buyer. Any surplus will be dealt with in accordance with applicable law.
7. Risk, Insurance and Loss
7.1 Risk in a lot passes to the Buyer upon dispatch from the Luxe Again Sydney showroom or upon collection by the Buyer or the Buyer’s agent, whichever occurs first.
7.2 Luxe Again Auctions arranges shipping and insurance in accordance with these terms where applicable; however, Luxe Again Auctions does not act as a carrier and is not responsible for the acts or omissions of any third-party courier or carrier.
7.3 Insurance coverage arranged by Luxe Again Auctions is subject to the terms, conditions, and exclusions of the relevant insurer and carrier.
7.4 Luxe Again Auctions will not be liable for loss, damage, delay, or failure in transit once a lot has been dispatched, except to the extent required by Australian Consumer Law.
7.5 Buyers are responsible for ensuring that adequate insurance cover is in place where the insured value exceeds any insurance included in the buyer’s premium or shipping arrangement.
8. International Taxes, Duties and Customs
8.1 International buyers are solely and fully responsible for all import duties, customs charges, taxes, levies, clearance fees, brokerage fees, and any other government or regulatory charges imposed by the destination country or transit jurisdictions.
8.2 All international shipments will be declared accurately and in full. Luxe Again Auctions will not understate values, misdescribe items, or mark shipments as gifts or samples for customs or tax purposes.
8.3 Any delay, seizure, refusal of entry, or additional cost arising from customs assessment, regulatory requirements, or non-payment of duties or taxes is the sole responsibility of the buyer. Luxe Again Auctions accepts no liability for such delays, losses, or costs, except as required by Australian Consumer Law.
9. Cancellations, Returns and Refunds
9.1 All auction sales are final. No cancellations, returns, exchanges, or refunds will be accepted after the close of the auction or the fall of the hammer, including for change of mind, bidding error, or buyer remorse.
9.2 To the maximum extent permitted by law, all conditions, warranties, and guarantees not expressly stated in these Terms are excluded.
9.3 Nothing in these Terms excludes, restricts, or modifies any rights or remedies available to buyers under the Australian Consumer Law. Where the ACL applies and a statutory consumer guarantee has not been met, the buyer may be entitled to a remedy as prescribed by law.
10. Limitation of Liability and Australian Consumer Law
10.1 To the maximum extent permitted by law, Luxe Again Auctions, its directors, officers, employees, agents, and contractors will not be liable for any indirect, incidental, consequential, special, or economic loss, including (without limitation) loss of profit, loss of opportunity, loss of data, loss of market, or loss of value, arising out of or in connection with any auction, bid, lot, description, condition report, delay, cancellation, storage, shipping, or use of the auction platform.
10.2 Except as expressly required by law, Luxe Again Auctions makes no representations or warranties in relation to any lot, including as to condition, fitness for purpose, merchantability, provenance, authenticity documentation, or future value.
10.3 To the extent permitted by law, Luxe Again Auctions’ total aggregate liability to a buyer for any claim arising out of or in connection with a lot or an auction (whether in contract, tort, negligence, or otherwise) is limited to the amount actually paid by the buyer to Luxe Again Auctions in respect of that lot.
10.4 Nothing in these Terms excludes, restricts, or modifies any right, remedy, or guarantee conferred on a consumer by the Australian Consumer Law (ACL) or any other applicable law that cannot lawfully be excluded.
10.5 Where the ACL applies and Luxe Again Auctions is liable for a failure to comply with a statutory consumer guarantee, Luxe Again Auctions’ liability is limited, at its option and to the extent permitted by law, to one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
10.6 This section survives termination or completion of any auction and continues to apply after the transfer of title to a lot.
11. Privacy
11.1 Luxe Again Auctions collects, uses, stores, and discloses personal information for the purposes of bidder registration, identity verification, bidding, payment processing, logistics, customer support, fraud prevention, legal compliance, and the operation of its auction platform.
11.2 All personal information is handled in accordance with Luxe Again Auctions’ Privacy Policy, as amended from time to time and available on the Luxe Again Auctions website.
11.3 By registering for and using the auction platform, bidders consent to the collection, use, and disclosure of their personal information in accordance with the Privacy Policy and applicable privacy laws.
12. Intellectual Property
12.1 All content made available by Luxe Again Auctions, including (without limitation) images, photographs, videos, text, descriptions, catalogues, condition reports, graphics, logos, and website material, is owned by or licensed to Luxe Again Auctions and is protected by copyright, trademark, and other intellectual property laws.
12.2 No content may be copied, reproduced, republished, distributed, transmitted, displayed, or used for any commercial or public purpose without the prior written consent of Luxe Again Auctions, except as permitted by law.
12.3 Unauthorised use of Luxe Again Auctions’ intellectual property may result in legal action.
13. Amendments
13.1 Luxe Again Auctions may amend, update, or replace these Terms and Conditions from time to time. Any amended Terms will take effect immediately upon publication on the Luxe Again Auctions website.
13.2 The version of the Terms and Conditions in force at the time a bid is placed will apply to that auction and form the binding terms of the contract between the bidder and Luxe Again Auctions.
14. Governing Law, Jurisdiction and Entire Agreement
14.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or any auction conducted by Luxe Again Auctions, are governed by the laws of New South Wales, Australia.
14.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.
14.3 These Terms and Conditions constitute the entire agreement between Luxe Again Auctions and the bidder or buyer in relation to any auction and supersede all prior representations, agreements, negotiations, or understandings, whether written or oral.
14.4 If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
15. Contact
15.1 If you have any questions regarding these Terms and Conditions, an auction, or a lot, please contact Luxe Again Auctions using the details below.
Address:
Luxe Again Auctions
Level 4, Suite 404
175 King Street
Sydney NSW 2000
Australia
Email:
info@luxeagain.com.au
Appointment Bookings:
Appointments for inspections or collections must be made in advance via our booking link available on the Luxe Again Auctions website.
Booking Appointment Link
