Terms and conditions
1. Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the Luxe Smith Singapore website (the "Site") and all Luxe Smith Singapore services and sales of products (the "Service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Luxe Smith Singapore, you agree to receive all communications from Luxe Smith Singapore under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.
2. Modifications to Terms and Conditions
Luxe Smith Singapore("LSS", "we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Luxe Smith Singapore of your unwillingness to accept the changes to the Terms and Conditions by emailing Luxesmithsg@gmail.com; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.
3. Luxe Smith Singapore Service
The Service allows registered members to access the Site and Luxe Smith Singapore products from Luxe Smith Singapore in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Luxe Smith Singapore may provide to users from time to time on the site. The member can choose products to rent from our expansive on-line selection, and have them shipped to the member's address. All of these with no due dates or limits on the number of times a member can rent. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all rented items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current rental rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Luxe Smith Singapore makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The rental period begins the date of delivery. The risk of loss for items shipped passes to you upon delivery . All confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Luxe Smith Singapore immediately to place a tracer investigation and to temporarily suspend the borrowing period. Until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.
If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Luxe Smith Singapore in its sole discretion, you agree that Luxe Smith Singapore may charge your payment method (we currently accept Stripe) and collect the full retail price for such an item. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the full retail price immediately upon notification of the loss of the item. The subscription of the bag will continue to accrue until the payment is received in full. Also Luxe Smith Singapore reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have borrowed.
Market Place - All Resellers must register with Luxe Smith Singapore. If a Reseller fails to register, their account will be terminated immediately. In addition, Resellers, registered or un-registered, will be subject to the following provisions: (a) No rewards will be earned, (b) all sales are Final Sale and cannot be returned, (c) Resellers cannot use Luxe Smith Singapore trademarks, and (d) we reserve the right to terminate the relationship at any time without notice.
Luxe Smith Singapore reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by Luxe Smith Singapore and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
4. Becoming a Member and Obtaining an Account
Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete. 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 your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.
5. Gift Cards (coming soon)
We offer Gift Cards that can vary in amount and be applied toward any Luxe Smith Singapore service or item. In purchasing a Gift Card, you authorize us to charge your payment method. Gift Cards are subject to the additional terms and conditions set forth on the "Gift Card" page.
When you join as a member you will be required to Luxe Smith Singapore with accurate, complete and current information for a valid payment method that you are authorized to use. By signing up for the Service, you authorise Luxe Smith Singapore or its agent to bill your payment method for the applicable per-item purchases or rental fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your payment method as you incur them.
If Luxe Smith Singapore does not receive payment from your payment method provider or if your payment method expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid payment method before continuing to use the Services and you authorise Luxe Smith Singapore to charge outstanding fees and other amounts due us against any payment method you have on file with us. Luxe Smith Singapore reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.
You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Luxe Smith Singapore or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
We reserve the right to determine whether your payment method(s) is/are pre-authorised to accept a minimum charge equal to each handbag and/or accessory. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid payment method before continuing to use the Service.
Typically an initial authorization for $1.00 is processed; this is to verify the validity of the payment method. There will then be a second authorization for the actual amount of the rent or purchase. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Luxe Smith Singapore and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
Bags bought from Luxe Smith Singapore may be returned for a Merchandise Credit (minus any expedited shipping fees) within 7 calendar days of the customer's receipt. The Authenticity tag must not be removed or reattached. The item must be unworn and in the original condition it was sent.
Luxe Smith Singapore will also accept rental returns if: 1) the Authenticity tag is attached AND 3) the item is returned within 2 business days of receipt. If the tag is unattached there will no refunds on the rented term. For rental renewals, if the item is in return transit within two business days of the renewal date, a full refund will be issued. Any items sent back outside the two business days will be charged the rental fee and will not be applicable for a refund. An item may be returned earlier than renewal date, however the charge stands and no prorate or refund will be made for the unused time.
For any refunds/credits of returned items, please allow 2-3 business days after the item has arrived at our Fashion House, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued.
All refunds/credits will only be issued to the original form of payment.
9. USE OF PRODUCTS; LOSS, THEFT, OR DEGRADATION OF THE PRODUCTS; NON-RETURN; COUNTERFEIT RETURN
Products available for rent are new or slightly used. You agree to treat the Products with great care and take all necessary precautions to avoid damage and keep them in their original condition. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing hardware, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the deemed retail value for the Product to allow for substitution. Products rented from Luxe Smith Singapore are for personal use only. Products may not be sublet, loaned or used for professional or commercial purposes.
When damage occurs to a Product beyond normal wear and tear, you are required to immediately communicate to us via email to Luxesmithsg@gmail.com. The Product will need to be sent back to us immediately for evaluation. Under no circumstances should you attempt to have the item repaired—any efforts on your behalf to do so will result in you being charged the full retail price of the Product. If the repairs of the damaged Product take beyond the expiration of your Term, Rental Fees will continue to accrue until the Product is completely repaired and can be rented again.
You are also responsible in the event of a theft or loss of a Product and therefore you will be responsible for the full retail value immediately upon notification of the loss of the item. Rental Fees will continue to accrue until the payment is received in full. You should notify Luxe Smith Singapore immediately via email to Luxesmithsg@gmail.com. when the item is lost or stolen.
Also, Luxe Smith Singapore validates that the original Product is returned once they arrive at our distribution center. If an item is detected to be a copy or counterfeit, Luxe Smith Singapore will charge you the full retail price, close your account immediately, and may notify appropriate law enforcement officials of the theft.
10. LATE RETURNS
If you are late in returning the bag, we will charge you the next cycle of rental immediately with no pro-rata rates till the bag is returned to us. There will be strictly no refunds.
If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees, court costs, interest at a rate equal to one and half times the legal interest rate, accrued rental fees until the product is returned or replaced and can be rented again, and such other remedies that may be available to us.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Luxe Smith Singapore , or its shareholders, directors, officers, or employees. Luxe Smith Singapore may review and delete any content, in whole or in part, that in the sole judgment of Luxe Smith Singapore violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Luxe Smith Singapore , or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Luxe Smith Singapore will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
14. Use Restrictions
You will not use the Site or Service to:
(a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "Stalk" or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.
15. Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Luxe Smith Singapore grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Bag Borrow or Steal. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
15. Disclaimers of Warranties; Limitations on Liability
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Luxe Smith Singapore makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Luxe Smith Singapore assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided Luxe Smith Singapore , or any conduct by users of the SiteLuxe Smith Singapore reserves the right to refuse to ship products in its sole discretion. LUXES SMITH SINGAPORE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Luxe Smith Singapore does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.
You agree to indemnify and hold Luxe Smith Singapore, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
17. Intellectual Property
LUXE SMITH is a trademark of Luxe Smith Singapore. All Luxe Smith Singapore graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Luxe Smith Singapore. Any trademarks not owned by Luxe Smith Singapore that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Luxe Smith Singapore. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Luxe Smith Singapore, its licensors, or its product No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
Effective 13 June 2018