1.  Definitions

  • “Contract” means the Contract Form, the Terms and Conditions, and any annexures or attachments approved by both parties;
  • “Contract Form” means Glamxperience’s standard Contract Form which is attached to the Terms and Conditions;
  • “Customer/You” means the person or entity whose details are recorded in the Contract Form and includes any person or entity who purchases the Goods and/or Services from Glamxperience;
  • “Force Majeure Event” means an act of God, industrial action, default or failure of a third party (including delay of a third-party supplier), war, government action, or by any act or decision made by any relevant court;
  • “Glamxperience” means Glamxperience Pty Ltd (ABN 44 612 559 234);
  • “Goods” means the goods specified in the Contract Form;
  • “GST” means the goods and services tax described in A New Tax System (Goods and Services Tax) Act (Cth) 1999 as amended;
  • “Services” means the services specified in the Contract Form; and
  • “Terms and Conditions” means, unless otherwise specified, Glamxperience’s Terms and

 

2.  Provision of Goods

  • Glamxperience agrees to supply the Goods in exchange for payment of the purchase price, or rent in the case of rental Goods, subject to the Terms and
  • Risk in the Goods passes to you upon the Goods being collected by you from Glamxperience’s premises. In circumstances where Glamxperience is performing the installation of Goods, risk passes to you when Goods arrive at the site and have been signed off by the Customer as received unless subsequent damage or loss is sustained to the Goods whilst on the site due to a negligent act or omission of Glamxperience in which case Glamxperience shall be liable for such loss or damage. Title in the Goods is retained by Glamxperience until you have paid the purchase price and all other applicable taxes, costs and fees in
  • Delivery dates for the provision of Goods and or Services are to be regarded as estimates only and not a material term of this Contract. Glamxperience will use reasonable endeavours to comply with estimated delivery dates. If Glamxperience reasonably believes that an estimated delivery date will not be met, it will contact you to advise of a revised estimated delivery
  • If you rent Goods from Glamxperience you:
    • Must permit Glamxperience to inspect the Goods at all reasonable times;
    • Are responsible for the safe custody and use of the Goods and are liable to Glamxperience for any loss or damage to Goods, which must be notified to Glamxperience immediately. If the Goods are lost or destroyed or becomes non-functional you must pay Glamxperience the cost of replacing them;
    • Must not sell, sub-rent, mortgage or grant any security interest or dispose or part with possession of or encumber the Goods; and
    • Are required to take out and maintain insurance covering any loss or theft of or damage to the Goods by any cause and, if requested, provide Glamxperience with a certificate of currency of

 

3.  Provision of Services

  • Glamxperience agrees to provide the Services in exchange for payment of the purchase price subject to the Terms and Conditions.
  • Glamxperience warrants that the Services will be provided in a professional and workmanlike way by appropriately qualified

 

4.  Fees

  • You agree to pay for the Goods and or Services in accordance with the Contract Form and these Terms and Conditions.
  • You acknowledge that if Glamxperience is supplying Goods but is not performing any installation services, the price for the Goods is to be paid in full before the Goods are made available or delivered to
  • In addition to the fees you will also be liable for the payment of the GST and any other applicable taxes and duties referrable to the Goods and/or
  • Glamxperience may charge a late payment fee on any overdue amount at the rate of 2% above the rate prescribed under Section 2 of the Penalty Interests Rate Act (VIC) 1983 calculated daily from the date that the amount was due until the date it is paid in full. Glamxperience may also charge you for the reasonable costs it incurs to recover any overdue amount (including reasonable administrative and legal costs).
  • Glamxperience will accept payment by credit card, bank cheque, direct debit and electronic bank The customer is liable for payment of all credit card and bank fees associated with any payment.

5.  Termination

  • Subject to clause 8.4, you may terminate this Contract with immediate effect if:
    • Glamxperience breaches a material term of this Contract and fails to comply with the Customer’s written request that the breach be remedied within 10 business days;

 

  • The Goods have not been delivered by the date falling more than 3 months from the estimated delivery date set out in the Contract, except where such delay has been caused by the Customer;
  • Glamxperience enters or threatens to enter into any form of bankruptcy, insolvency, liquidation or administration, whether voluntary or involuntary; or
  • Glamxperience ceases or threatens to cease to conduct business in the normal
  • Glamxperience may terminate this Contract with immediate effect if:
    • You fail to make any undisputed payment to Glamxperience in on the due date for payment and remain in default not less than 14 days after being notified in writing to make such payment;
    • You breach any material term of this Contract (other than a term relating to payments) and you fail to comply with Glamxperience’s written request that the breach be remedied within 10 business days;
    • You enter or threaten to enter into any form of bankruptcy, insolvency, liquidation or administration, whether voluntary or involuntary;
    • The Customer being an individual dies, or in the case of a partnership, is dissolved or in the case of a company, is wound up;
    • The information you have provided Glamxperience is found to be materially false or misleading;
    • You cease or threaten to cease to conduct business in the normal manner; or
    • You fail to pass a credit check made by
  • Notwithstanding clause 8.4 you may terminate this Contract with immediate effect if the Goods have not been delivered by the date falling more than 3 months from the estimated delivery date set out in the Contract because of a Force Majeure
  • Termination of this Contract shall not prejudice any of the parties’ rights and remedies which have accrued as at
  • Upon the termination or expiration of a Contract that involves the supply of rental Goods, you must immediately cease using the rented Goods and return them to Glamxperience at your sole cost in good condition (fair wear and tear excepted).
  • You grant to Glamxperience and its authorised agents an irrevocable licence to enter your premises or property during business hours for the sole purpose of recovering the rented Goods following termination of this

 

6.  Privacy

  • Glamxperience will comply with its obligations under the Privacy Act 1988 (Cth) (“the Act”) with respect to your personal information that it collects, holds, uses and discloses in connection with this
  • You authorise Glamxperience to:
    • Collect and use your personal information for purposes related to the provision of the Goods and or Services. You acknowledge that in the course of carrying out its obligations under this Contract Glamxperience may disclose your personal information to third parties such as suppliers or third party service providers;
    • Obtain a consumer credit report containing information about you from a credit-reporting agency for the purpose of assessing your application for the supply of Goods and or Services and collecting overdue payment from you;
    • Give to and seek from any credit reporting agency information about your personal or commercial credit arrangements including information about your credit worthiness, standing, history and capacity; and
    • Exchange personal information with third parties such as a collection agency in order to recover any overdue payment from

 

7.  Warranties

  • These warranties are subject to any limitations of the Goods with respect to their effective operational life as advised by Glamxperience to the Customer in writing prior to the date of this Contract. Items such as tent covers have limited and variable effective operational lives depending upon their use, care and exposure to sunlight and rain for
  • Glamxperience warrants the Goods:
    • are new, of merchantable quality and fit for all purposes made known by the Customer to Glamxperience in writing or for which the Goods are commonly supplied;
    • will be free from defects of design, workmanship, materials and manufacture;
    • will be delivered free from all encumbrances;
    • will not infringe the intellectual property rights of any third party; and
    • will comply with all laws and regulations that pertain to the Goods
  • You are deemed to have accepted the Goods unless you notify Glamxperience in writing within 5 business days of delivery of any obvious defects (or in the case of latent defects within 5 business days of such latent defect becoming apparent).
  • Glamxperience warrants the Goods in the terms set out in clause 7.2 for the periods set out in the Contract Form.
  • Glamxperience agrees to pass on the benefit of any manufacturer’s warranty to you. In circumstances where there is an obvious defect in any Goods supplied to you, Glamxperience will conduct any relevant manufacturer warranty claim on your

 

8.  Limitation of Liability

  • Neither party is liable to the other, or to any third party for:
    • Any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or
    • Any indirect or consequential loss or
  • To the extent permitted by Australian Consumer Law and unless otherwise specified in this Contract, Glamxperience excludes all liability for breach of any implied term or
  • Where liability for any term implied by law cannot be excluded, Glamxperience’s liability for breach of any implied term is limited to:
    • In the case of Services, the cost of having the Services supplied again; and
    • In the case of Goods, the lower of the cost of replacing the Goods, acquiring equivalent Goods or having the Goods repaired.
  • Glamxperience will not be liable, and the Customer may not terminate this Contract pursuant to clause 5.1, if any delay in performing an obligation or providing the Goods or Services or the relevant termination event arises because of any Force Majeure Event, providing that if a Force Majeure Event continues for a period of 3 or more months the Customer may terminate this Contract by notice to

 

9.  Indemnity

Subject to clause 8.1:

  • You agree to indemnify Glamxperience, its employees and agents against any loss, damage, expense or claim that is in part or completely due to your breach of this
  • Glamxperience agrees to indemnify you against any loss, damage, expense or claim that is in part or completely due to Glamxperience’s breach of this

 

10.  Quotations

  • Quotations provided by Glamxperience are not to be regarded as offers or legally binding. Only a correctly completed and executed contract is binding upon the
  • All information including designs, drawings, images, models and samples provided by Glamxperience as part of any quotation remains the sole property of Glamxperience and must be returned to Glamxperience upon demand. No quotation information or item may be copied or supplied to any third party without the prior written consent of

 

11.  Joint and Several Application of this Contract

Where you comprise more than one person or entity, this Contract binds each of you jointly and severally.

12.  Entire Agreement

These Terms and Conditions together with the Contract Form and any agreed attachments constitute the entire agreement between you and Glamxperience. All previous negotiations and representations are excluded.

 

13.  Assignment

Neither party may assign its rights or obligations under this Contract without the other party’s prior written consent which will not be unreasonably withheld.

 

14.  Defective Terms may be severed

Any term of this Contract that a court deems is invalid, unenforceable or illegal may be severed. The remainder of the Contract will continue to have full force and effect.

 

15.  Applicable Law

The laws of the State of Victoria govern this Contract and the parties agree to submit to the jurisdiction of Victorian courts and any applicable courts of appeal.