Terms & Conditions

TERMS & CONDITIONS
 
1. ACCEPTANCE OF TERMS AND CONDITIONS
The following terms of service (the “Terms”) between you (“you” or “your”) and The Luxe Library Pte Ltd, a private limited company registered in Singapore, having Unique Entity Number 20171711H (“TLL”, “we”, “us” or “our”) govern your use of our website located at www.theluxelibrary.com (the "Site") and all services and sales of goods offered by us (the "Services"). The Terms should be read in conjunction with the Borrower’s Terms and our Privacy Policy which also apply to the relationship between you and TLL.
 
By visiting or browsing the Site, clicking “I agree” or otherwise accessing or using any part of the Services, you acknowledge and represent that you have read and understood these Terms and that the Terms, together with the Borrower’s Terms and Privacy Policy, form a binding agreement between you and TLL (the "Agreement").
 

2. MODIFICATION OF THE SERVICES OR THE TERMS
TLL reserves the right to amend any provisions of the Terms, suspend, or discontinue the Services at any time for any reason without prior notice. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms. Your continued use of the Site after such amendment shall be deemed acceptance of the amended Terms.


 3. ELIGIBILITY AND IDENTITY VERIFICATION

Only persons who are 18 years and above are entitled to rent or purchase goods from the Site. By using our Services and thus agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the goods on the Site.
In order to purchase or rent any goods on the Site, you need to provide TLL with certain particulars which include your name, postcode, a valid email address, billing address, delivery address, payment details, personal information so as to enable us to process your order.         


 4. SALE OF GOODS - LUXE ARMOUR AND LUXE SALES
The terms contained within this clause apply to the sales of goods via the Luxe Armour and Luxe Sales sections of the Site only. They do not apply to The Luxe Library rental services, which are covered by the Borrower Terms.
 
Sales order - All orders of goods that have been submitted to TLL through the Site (“Sales Order”) are subject to our acceptance. Upon confirmation of the Sales Order, we will issue a Sales Order ID and provide you with a sales confirmation. The Agreement between you and TLL respect of the goods ordered will be deemed completed upon payment and delivery of the said goods. Until such time, we reserve the right to reject your Sales Order without providing any reason. TLL shall be entitled to cancel or terminate the obligations to fulfil any Sales Order, for any reason whatsoever, including shortage of stock of goods even after a Sales Order is confirmed by, and paid for by you, with or without notice and we shall not be liable for any loss and damage to any party for such termination or cancellation. In such event, we shall refund to you the price of the goods purchased.
 
Payment terms - Unless otherwise stated, all Prices quoted are inclusive of applicable goods and services tax. Unless otherwise stated, all payments to be made through the Site shall be made using credit card payment (where you are the cardholder of that card), PayNow or bank transfer and shall be made in accordance with such procedures as we may from time to time specify. For our customers in Singapore, we are pleased to offer Hoolah, a 'buy now, pay later' instalment payment method. Select Hoolah as your payment method at checkout and get instant approval without leaving our site. You can then pay in 3 equal instalments over 3 months with no interest, no fees, no forms. Please visit hoolah's website, see hoolah's FAQ and read hoolah's terms of service for more information.
 
Returns
Luxe Armour - Should you not be satisfied with any goods purchased from the Luxe Armour section of the Site you will be able to return or exchange the good by contacting us at info@theluxelibrary.com within 14 calendar days or receiving your order. We will then resolve the issue by providing you a replacement or refund. We will not be obligated to refund or exchange any items after the 14 day period mentioned above.
 
Luxe Sales - Items purchased from the Luxe Sales section of the Site are non-refundable and non-exchangeable. This is because they have been verified by our team of experts and match the description provided. Items are offered “as is” and accordingly we encourage you to review all photographs / condition notes and to ask us all questions or clarifications about the item before purchasing. If the item you received was not sold as described or is inauthentic, you may file a misrepresentation claim to request a return and full refund. You should file the misrepresentation claim within 7 working days of receiving your order. Our team will review your claim. If we determine the item is a designer replica, or was otherwise misrepresented, we shall send you an email notifying them of the approval of the misrepresentation claim. You should return the item to us (the “Return Item”) and will get a full refund back to your original payment source, subject to the terms below. Where a Misrepresentation Claim has been approved by us, we will arrange for free collection of the Returned Item from you. The Item must be returned to TLL in the same condition as that in which you received it, with all tags and labels still attached. TLL requires that you package the Item carefully during transit to ensure that it reaches TLL in good condition.
 
Risk of loss- Title to the goods shall only pass to you upon full payment of the purchase price. Risk of loss of or damage to goods purchased shall however pass to you upon delivery of the purchased goods to you.


 5. THE LUXE LIBRARY RENTAL SERVICE

Please refer to the Borrower Terms for the terms that apply to the rental of goods through the Site.


 6. AUTHENTICATION AND BRANDS
You acknowledge and agree that TLL’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the Site. Brands shown on the Site are not partnered or affiliated with TLL in any manner.


 7. YOUR CONTENT

If you post, upload or make available to TLL any information, 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 Goods (“Your Content”), you hereby grant to TLL a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Website, in email and other promotional campaigns and on third party sites promoting the Service) in connection with the Service, including but not limited to advertising, promoting, and marketing the Service, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content.
 
By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to this Agreement, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise TLL to exploit, Your Content in all manners contemplated by this Agreement. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
 
By sending us any feedback, reviews, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that TLL may use your Feedback without restriction or obligation to you or any third party.


 8. REPRESENTATION, WARRANTY AND UNDERTAKING
You agree to provide true, accurate, current and complete information about yourself during the identity verification and credit risk assessment process and you agree to maintain and promptly update TLL with any changes. You also warrant that the credit card provided belongs to you, is current/valid and has not been stopped/cancelled. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate services and refuse to offer you any and all current or future use of any of TLL’s services.
 
If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. The Site may only be used for lawful purposes. If your User name and/or password have been compromised, you are to immediately change your password and notify us of any unauthorized access. You also agree to immediately notify us of any of any attempted or actual unauthorized access or use of our services by third parties and/or any other breaches of security. You acknowledge and agree that we will not be in any way, liable, directly or indirectly, for any loss or damages arising from such unauthorized use or any acts or omissions on your part in maintaining the confidentiality of your account and password. 


9. INTELLECTUAL PROPERTY RIGHTS 

The Services, including all related intellectual property rights and any changes, modifications or corrections thereto, are the property of TLL and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Singapore copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “The Luxe Library” and the logo are registered trademarks of The Luxe Library Pte Ltd., under the applicable laws of the Singapore and/or other countries. Other “The Luxe Library” product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of TLL and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. TLL and its affiliates and licensors reserve all rights in and to the Services not granted expressly in this Agreement.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content on the Site, in whole or in part. 
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any of TLL content, through the use of framing or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with the prior written permission of TLL or such third party that may own such content. Subject to your compliance with this Agreement, TLL grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.


10. LINKS TO THIRD-PARTY WEB SITES
The Site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the TLL trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. We do not have control over such Third-Party Sites and you access such Third-Party Sites as your own risk.
TLL does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. TLL makes no representation or warranty as to any products or services offered on any Third-Party Site. TLL is therefore not liable for any loss or damage (direct or indirect) of any kind or nature arising out of or related to or incurred in reliance upon any such interactions, links, resources or content. 


11. ERRORS ON OUR SITE

Prices and availability of goods provided are subject to change without notice. Errors on the Site, which may include without limitation to errors in the price and description of goods will be corrected when discovered, and TLL reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your Sales Order is cancelled, TLL will credit to your credit card account for the amount that was charged. Individual bank policies will dictate when this said amount is eventually credited to your bank account.  
Whilst TLL shall use its best endeavours to ensure the accuracy of such listings on the Site and to promptly correct any errors, inaccuracies or omissions, it shall not be liable for any loss or damage arising from the same. You acknowledge and agree that such errors may sometimes occur due to software default or otherwise and is not in any way intended to mislead or misrepresent to you in any way and as such, TLL shall not be liable to you for any loss or damage arising from such error. 
TLL attempts to display product images of the goods shown on the Site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or props included in the product image, they are used purely for illustration purposes and will not be included in the sale of the goods.


12. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
By using the Site, you expressly agree that use of the Site is at your sole risk. The services and products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. Specifically, but without limitation, TLL does not warrant that: (i) the services and Site content are correct, accurate, reliable or complete; (ii) the services will be uninterrupted or error-free; (iii) defects will be corrected, (iv) the services or the server(s) that makes the services available are free of viruses or other harmful components, or (v) the products will be fit for your intended purpose or otherwise accord with your expectations.
To the maximum extent permitted by applicable laws TLL and its associates shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential loss and damages whatsoever and howsoever caused arising from this Agreement or that result from your access, use of or inability to use the Site, its content and services, any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus or otherwise including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance or for any loss of data, profit, revenue, income or business, whatsoever and howsoever caused whether arising out of any negligence (with the exception of death or personal injury directly resulting from our own negligence) or breach of these terms and conditions even if such loss and damage was foreseeable by or the possibility was brought to the attention of TLL. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of TLL has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this exclusion of liability shall apply to all content, merchandise and services available through the Site. To the maximum extent permitted by applicable laws, in the event that we are liable for any loss, damage or claim to you or any third party caused by our act, omission, default or neglect, our liability shall not exceed 100% of the price for the affected sale transaction for which loss, damage and claim are raised thereunder. Such limitation does not however apply to the case of death or personal injury directly resulting from our own negligence. 
Notwithstanding the foregoing, nothing in the General Terms (a) excludes, restricts or modifies any condition, warranty, right or liability implied into the General Terms (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury directly caused by our negligence.
 
13. TERMINATION OF USE

Termination By You - You may deactivate your account and discontinue your use of the Services at any time. You understand that your content may continue to exist and be used on or through the Service even after such deactivation.
Termination By TLL - Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of your content. TLL may also terminate your account if TLL determines that your conduct poses a risk or liability to TLL, or for any other reason as determined by TLL in its sole discretion.


14. MISCELLANEOUS
Assignment - You may not assign or transfer these Terms or any of your rights or obligations under these Terms. TLL may assign these Terms at any time without notice to you.
Governing Law –  These Terms are governed and interpreted pursuant to the laws of Singapore, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a court located in Singapore, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Informal Process First - You agree that in the event of any dispute between you and TLL, you will first contact TLL and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Entire Agreement - These Terms, the Borrower Terms and the Privacy Policy are the entire agreement between you and TLL relating to the subject matter herein and shall not be modified except by TLL in accordance with these Terms, or as otherwise agreed in writing by you and TLL. No employee, agent or other representative of TLL has any authority to bind TLL with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and waiver - If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Force Majeure - TLL will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond TLL’s reasonable control.
Contact Information - Please send any questions or comments, or report violations of these Terms, to TLL at info@theluxelibrary.com.
 
 15. NOTICES

Unless otherwise expressly stated in the Terms, notices under the Terms shall be in writing and may be delivered by hand, by registered mail or by electronic mail to the addresses last made known by one party to the other party. Notice will be deemed given: 
(a) in the case of hand delivery or registered mail, upon written acknowledgement of receipt by an officer or other duly authorized employee, agent or representative of the receiving party; and
(b) in the case of electronic mail, at the time when the mail was sent and stored in the information system of the sender.