TERMS AND CONDITIONS
Thank you for visiting www.shoplustre.com
The Lustre (“we” “our” “us”) website at www.shoplustre.com (“the Website”) and related services are made available to you in accordance with the following Terms of Conditions (T&C's). These T&C's forms a legally binding agreement between you and us in relation to the use of our online shopping service and the Website, collectively known as our Services.
By using the Services, browsing or using the Website, you agree to fully accept all the terms in the T&C's. If you do not wish to be bound by these T&C's, please close the www.shoplustre.com window now. We reserve the right to amend or change these T&C's at any time and from time to time by posting the amended terms on the Website. Your continued use of the Website after such amendments will constitute acknowledgement and full acceptance of the amended T&C's and agreement to abide and be bound by the amended T&C’s.
A. USE OF THE LUSTRE WEBSITE
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including, without limitation, your password. You agree to limit the access to your account to yourself only, and take all reasonable measures to ensure the confidentiality of your password to the account that you use to access the Website. Given that your account can only be accessed by you, you agree that you will be responsible for all activities that occur under your account. If you become aware of or suspect any unauthorised use of your account, or any known or suspected security breach such as disclosure of your password or theft of your account information, you should notify Lustre immediately. You may be held liable for losses incurred by us or any other user of the Website or Services due to someone else using information of your account as a result of your failing to keep your account secure and confidential.
2. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that you are at least 18 years of age or the legal age of majority in your country. You shall not use our Website or our Services to make or accept offers if you are not able to form legally binding contracts.
We do not disclose your personal data to third parties. When you register for an account with Lustre, you are asked to consent to receive e-mail marketing communications from us. If you give such consent, you may “opt out” (unsubscribe) at any later time by clicking a link provided in any marketing e-mail or on your account.
3.YOUR USE OF THE WEBSITE AND YOUR CONDUCT
You may not use the Lustre Website or Services for any unlawful purpose. We reserve the right to terminate or restrict your access to your account if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of the T&C's.
You may use the Lustre Website and the services solely for your personal non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, transmit, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the Lustre Website.
Your use of the Website is subject to the T&C's and the applicable laws, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, blog, or other interactive service that may be available to you on or through the Website, you agree that you will not share, post or otherwise distribute or facilitate the distribution of any content that:
- Interferes with any other users use and enjoyment of the Services;
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive or another’s privacy, tortious, contains explicit or graphic description of sexual acts or otherwise violates these T&C's or our policies;
- Victimises, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damages or obtain unauthorised access to any data or other information of any third party; or
- Constitutes unauthorised or unsolicited advertising, junk, spam or bulk email, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
- We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users. We reserve the right at our discretion to remove any content that in our judgment, does not comply with the T&C's, or is otherwise harmful, objectionable or inaccurate.
Any communications you send to the Website or otherwise to Lustre by electronic mail are on non-confidential and non-proprietary basis, Lustre shall be free to use the content of any such communications, including ideas, inventions, concepts, techniques or know-how disclose therein, for any purpose, including improving and marketing the Services.
4. TOTAL COST
We calculate the final cost of the product including all applicable costs of shipping, Singapore taxes and duties and the total cost quoted before you order the product is the final cost. Your continued use of the Website after the final cost is presented will constitute acknowledgement and full acceptance of the final cost and as such, if we later discover a discrepancy in the amount for any reason, we will not seek any additional payment from you nor will you receive any refund if the total cost is lower.
5. MALICIOUS CONTENT
We make all reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. You are responsible for taking appropriate safeguards before downloading information from the Lustre Website.
6. INTELLECTUAL PROPERTY
The Lustre Website user interfaces content (including compilations, images, icons, logos, graphics, text, photographs, audio and video clips), trade marks, trade names and distinctive brand features, and all associated and underlying software, know-how, methodologies and processes, in their parts and in whole (collectively “Intellectual Properties” and each an “Intellectual Property”) are and will remain the sole property of Lustre or third-party suppliers and are protected by copyright, trademark, trade secret and other intellectual property laws. The software, the data generated by the software, and all other materials made available on this Website are licensed to you by Lustre on a nonexclusive and limited basis.
You may not use any meta tags or any other 'hidden text' that incorporate the Lustre name or trademark unless we give our prior written consent. You may not copy, imitate or make derivatives of any Intellectual Property without prior written consent from Lustre or third-party suppliers owning such Intellectual Property. Unless you have been expressly authorised to do so in writing by Lustre, you agree that you will not use any logos, trade marks or trade names of Lustre in a way that will cause or likely to cause confusion about the owner or authorised user of such logos, trade marks and trade names.
While you are using the Website, you may print out or electronically store any or all of the web pages or screens in the form in which they appear, without modification, and solely for your personal non-commercial use.You may not scrape, frame, rip, or display information from the Lustre Website for use in another website or service without our prior written consent.
All contents and Intellectual Property on the Website and in connection with the Services are either owned, controlled or licensed by or to Lustre and is protected by intellectual property rights. No part of the Website, and no content may be copied, reproduced, republished, uploaded, publicly displayed or distributed in any way to any other computer, website or other means of publication or distribution.
B. DISCLAIMER OF WARRANTIES
1. PRODUCTS AND CONTENT
Your use of the Website is at your own risk, and you acknowledge that all content, information, products and services made available through Lustre are provided on an 'as is' and “as available” basis. While we strive to ensure that accurate and current information about products and services is displayed on the Lustre Website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, safety, quality, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. Similarly, you hereby agree that your continued use of the Website constitutes the exclusion of the sale of goods legislation in Singapore, and you agree to unconditionally and specifically exclude all implied terms that would normally apply in the sale of goods legislation including but not limited to implied terms on merchantability, fitness for purpose, title and other terms normally implied under such legislation. You are solely responsible for any damage to your computer system, devices, data, software, firmware or hardware that results from the use of the Services. Lustre is not liable to you for any injury or damages of any kind due to your choice or use of any product purchased through Lustre.
Lustre expressly disclaims all warranties of any kind, whether expressed, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Lustre does not warrant that (a) the use or quality of the Services will be uninterrupted, error-free, timely secure or meet your requirements or expectations; (b) the results obtained from the Services will be accurate and reliable. Lustre is not liable for any inability to access, delay in accessing, or interruptions in access to your Lustre account or conducting transactions on the site that are caused by unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, or software you use for such access, or other causes beyond our control. The entire risk arising out of the use or performance of the Services remains with you.
3. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Lustre be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of, or inability to access or use, the Website, whether or not we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of the T&C's, Lustre is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or the Services, Lustre’s liability shall in no event exceed the purchase price of the goods and/or products purchased by you.
4. MODIFICATION OF LUSTRE TERMS AND CONDITIONS
We may modify these terms and conditions at any time without notice, and we may notify you by means of a general e-mail or a notice posted on the Lustre Website. Your continued use of your Lustre account (regardless of whether modifications are posted or not) will constitute your acceptance of the modified terms and conditions.
5. YOUR PURCHASE OF ITEMS FROM LUSTRE
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
6. ORDERING PRODUCTS
When buying from Lustre, we will display the cost of the items purchased, duties and/or taxes (based on shipping address) and any freight costs. International purchasers (outside of Singapore) will be charged for any local taxes or duties directly. Lustre accepts no responsibility for these costs.
7. ACCEPTANCE OF ORDER
Once you have made your selection and your order has been placed using our Website you will receive an email acknowledging the details of your order. This email is not an acceptance of your order but a confirmation that we have received it.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&C's.
We will not be liable to you or any third party by reason of (i) our withdrawing any merchandise from the Lustre Website whether or not that merchandise has been sold; (ii) removing, screening or editing any materials or content on the Lustre Website; (iii) refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
A contract shall be formed and we shall be legally bound to supply the item / good / product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you
8. CORRECT ADDRESS
You shall take all reasonable measures to ensure that you give your correct delivery address when you place orders for items. We request you provide your name and full address including postal code and country. We do not deliver to post office boxes. We are unable to change the address once the items have left our warehouse. Once a shipment has been signed for by anyone at the shipping address (including security guards, reception and employees), it is deemed ‘delivered’.
9. PRICING POLICY
Prices shown on the Lustre Website are in Singapore (SGD) dollars. Any purchase will be charged in Singapore Dollars.
The product prices you see on the Lustre Website exclude the cost of shipping and tax duties. Depending on your shipment address, different taxation rules may apply. These costs are clearly stated in the “check out” page.
We cannot confirm the prices indicated on the Lustre Website until your order is submitted to us.
Payment shall be made by methods prescribed by the Lustre Website. All payments made on the Lustre Website will be handled securely by Paypal, including credit card transactions. Upon receiving your order, Paypal will carry out a standard pre-authorisation check on your payment card to ensure that there are sufficient funds to fulfil the transaction. Items will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted. You acknowledge that we have no control of, nor responsibility over Paypal or any other payment method, and cannot guarantee the service level of the payment method. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account with us. You agree to pay all applicable taxes or charges imposed by any government entity in connection with the purchase of goods and/or products. If taxes are required to be paid, Lustre is entitled to invoice you for such charges and all costs incurred by Lustre. Please note that Lustre does not retain customer data except as required by relevant law and regulations prescribed by government authorities and agencies. If Lustre is advised that payment has not been authorised at the time of purchase or at a later time, we reserve the right to cancel the order.
C. INTERNATIONAL SHIPMENT AND DELIVERY
1. SHIPMENT OF PACKAGES
The charges for international shipping, duties and taxes on any transaction are pre-paid at the time of your purchase.
Lustre will make every reasonable effort to see that the package is delivered to you according to the delivery company's regular schedules but these are not guaranteed and Lustre cannot and shall not be liable for any damage or loss caused by delivery companies, including delays. Sing Post is used for international and local standard shipping options. These will be sent via registered service, allowing the delivery to be tracked.
Upon delivery of the items a signature will be required. You agree to inspect the delivered items for any obvious faults, defects or damage before you sign for delivery. You need to keep receipts and all packaging of the delivered items in case of refund.
All risk for the item shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under the contract and this T&C's, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the item.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the items / goods / products, to you) accept delivery or collect the items / goods / products, from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the items / goods / products available for delivery or collection and notify you that we are immediately canceling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the items / goods / products, and any storage fees as provided for in clause 48(a) above).
D. LIMITED LIABILITY FOR LOST OR DAMAGED SHIPMENTS
1. INTERNATIONAL SHIPMENT AND LIABILITY
Every package shipped internationally from the Lustre warehouse is transported on a limited liability basis, relating to direct loss only and subject to the limits specified in the Warsaw Convention (currently $US 25.00/kilogram or $US 11.34/lb per shipment).
2. MAKING CLAIMS
Any claims for loss or damage must be made within 7 days from the date your order was received by you.
In order to provide you with any remedies for a faulty item, we may need your assistance and prompt provision of certain information regarding the item, including:
- You specifying with reasonable detail the way in which it is alleged that the item / good / product is damaged or defective; and
- You providing us with the delivery note number and such other information as we reasonably require.
If you would like us to repair, replace or provide a refund for the item / good / product where it did conform to the applicable contract, and we find that the product has:
- Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- Been dealt with or used contrary to our or the manufacturer's instructions for the item / good / product; or
- Deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the item / good / product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
3. PRODUCT RETURNS & RETURN POLICY
If you need to return an item after it has been delivered to you, you must advise us within 7 calendar days from the delivery date by sending us an email. You will return the package directly to us and you will need to prepay the return shipment charge. We will inform you via email once we have received the goods in the original condition in which it was despatched, and a refund decision will be made within 7 days of receipt of the returned item. All return shipping fees will be borne by the you, the customer.
If you’re not absolutely delighted with your Lustre purchase, you can return your item(s) for a refund or exchange within 7 days of delivery. We are happy to provide you a cash refund within 7 days of you returning the item(s) to us. Returns or exchanges are accepted on unworn items in resalable condition. Sale items are Final Sale and cannot be returned.
Contact us to get your return started by emailing us at firstname.lastname@example.org
Please keep in mind when returning or exchanging an item:
Items must be returned in their original packaging and accompanied by an original proof of purchase. This could include your packing slip, a copy of your order confirmation email or a copy of your return confirmation email.
Was your order missing an item or did your order contain the wrong item? If so, we ask that you notify us within 7 days from your order date. Items that break prior to wear or have any product defects must be reported within 7 days of receipt to be eligible for a refund, exchange or replacement.
Refunds: We are happy to provide you a cash refund on broken items within 30 days. Initial outbound shipping will not be refunded. All return shipping costs will be borne by you. If the original order was eligible for free shipping, and you would like a replacement item, please note that you will bear the cost of shipping on the replacement item..
Lustre stands by the quality and craftsmanship of each piece we manufacture. Please retain your original receipt for all refund/repair services. We agree to repair or exchange any item that we deem to be damaged due to a manufacturing defect. This warranty expressly excludes coverage for excessive wear and tear and/or physical/accidental abuse, loss (including loss of stones) and theft. Repair or service performed by anyone other than Lustre will immediately void the warranty. Our warranty period is good for 30 days All repairs undertaken by us for items bought outside of the 30 day period will bear a repair cost. We are always happy to hear of any concerns you might have, so please do not hesitate to email us at email@example.com
E. COUNTERFEIT GOODS
If you are the rightful owner of a trademark or other intellectual property, and you know or suspect that any products or content is infringing your rights featured on the Lustre Website, please contact us here. After we receive your complaint, we will conduct an investigation. If we determine that counterfeit goods infringing your rights are indeed being featured on the Lustre Website, we will take appropriate action reasonable in all circumstances and within our reasonable control such as removing the infringing product from the Lustre Website.
1. MODIFICATION OF LUSTRE SERVICES
We may modify or terminate the services of the Lustre Website at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products you have ordered prior to the date of termination. We are constantly improving the Services in order to provide the best possible experience for you. You acknowledge and agree that the form and nature of the Services may change from time to time.
2. PERFORMANCE AND MAINTENANCE OF SITE
We may perform maintenance on the Lustre Website as required from time to time, in Lustre’s sole discretion. We may restrict access to some parts of the Lustre Website, or the entire Lustre Website, to users who have registered with us, during any maintenance period.
Notwithstanding the foregoing, Lustre is under no obligation to maintain the Lustre Website, or any features or functionality thereof, or make any changes or modifications to the Lustre Website requested by you. Lustre reserves the right, in its sole determination, to modify or eliminate any features or functionality of the Lustre Website at any time.
You acknowledge and agree that there will be occasions when your account registered with us may not be accessible and/or the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Further, you acknowledge and agree that if we disable your access to your account, you may be prevented from accessing your account details, transactions history, files or other contents which are contained in your account.
You may terminate this agreement and your use of your Lustre transaction at any time. As noted elsewhere in the T&C's, we may suspend or terminate your transaction if you fail to comply with the T&C's, and in the event of such suspension or termination we will incur no liability to you.
4. CIRCUMSTANCES BEYOND OUR CONTROL
We are not liable for any loss or damage arising out of circumstances beyond Lustre's control. These include but are not limited to: natural disasters or acts of God, for example fire, earthquake, hurricane, tornado, storm, flood, fog; plane crash or embargo; war, riot, civil commotion or industrial action; epidemics or pandemics; power cuts, communications or other utility disruptions; governmental action or inaction; any defect or characteristic related to the nature of a shipment, even if known to Lustre; and damage to, or erasure of, electronic or photographic images, data or recordings due to electrical or magnetic interference.
You agree to unconditionally indemnify, defend and hold Lustre and its affiliates, subsidiaries, shareholders, officers, directors and agents harmless from any loss, damage, claim, demand, liability, penalty, cost, expense or fees arising directly or indirectly from or related to your breach of the T&C’s.
6. PARTIAL INVALIDITY
If any provision of this T&C's is judged by a court or body having jurisdiction as illegal, invalid or unenforceable, such provision shall be deemed removed without affecting any other provision. The remaining provisions in the T&C's will continue to be valid and enforceable.
If either you or Lustre fail to enforce any provision of this agreement, or fail to exercise any right at any time, such failure will not be deemed a waiver thereof.
8. GOVERNING LAW
This agreement is governed by the laws of the Republic of Singapore, without regard to conflict of law principles, and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
You may not transfer or assign any obligations or rights you have under the T&C's without prior written consent from Lustre.
10. ENTIRE AGREEMENT
These T&C's constitutes the entire agreement between Lustre and you with respect to the subject matter hereof.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Services by you or this T&C's.