Luxglove (The Artling Pte Ltd)
91B Tanjong Pagar Road
Singapore 088512
E-mail: admin@luxglove.com

TERMS OF USE
EFFECTIVE DATE: 1 OCTOBER, 2015

Your use of the Luxglove website and mobile application (collectively the “Site”) indicates that you have read, understood and agree to these Terms of Use ("Terms"). The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. By using the Site following any modifications to the Terms, you agree to be bound by such modifications. Please note that we reserve the right to modify our Terms of Use without issuing formal notice. ‘Luxglove’ (the "Site") IS owned and operated by The Artling Pte Ltd ("The Artling"). For all intents and purposes, “Dealers” and “Individual Sellers” are collectively known as “Sellers.”

Use of the Site

Luxglove provides you with access to and use of the Site subject to your compliance with the Terms of Use. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

Your Account and Access

The Site is available to users 18 years and older, who have not been suspended or removed by Luxglove administrators for any reason. You represent that you are not a person barred from receiving services under the laws of Singapore or other applicable jurisdiction. In consideration of your use of the Site, during registration and at all times you voluntarily enter information into your account, you agree to give truthful, accurate, current and complete information about yourself. We reserve the right to revoke your account, refuse service, remove or edit content it its sole discretion for any reason at any time including as a result of a violation of these Terms of Use, without notice. Accounts are void where prohibited by law.

Operation of the Site and the Role of Luxglove

The Site provides an online platform i.e. a ‘marketplace’, for “Buyers” and “Sellers” to buy and sell goods (“Items”) to other Buyers and Sellers. The sale is directly between the Buyer and Seller.

The role of Luxglove is expressly limited to making the Site available and maintaining the Site. Luxglove is an intermediary and not an agent or fiduciary for either the Buyer or Seller for any purpose. Luxglove is not responsible for the actual sale of Items and does not control the information provided by Buyers or Sellers, nor their acts or omissions. Luxglove makes our best effort to ensure that Sellers’ images are not used unlawfully, but we will not be liable for any misuse.

Luxglove has sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content at our sole discretion. Luxglove may, but is not obligated to, provide intermediary services between the Buyer and Seller in connection with customer service or dispute resolution matters.

Copyright Infringement. Notice and Take Down Procedures.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed upon;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and e-mail address;
  5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent:

Luxglove (The Artling Pte Ltd)
91B Tanjong Pagar Road
Singapore 088512
E-mail: admin@luxglove.com

If you become aware that Material appears on this Site in violation of a copyright please notify us by e-mail at admin@luxglove.com.

Rules and Limits on and Modifications to the Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals using authorized services of Luxglove. You are responsible for your own communications, your uploaded content and are responsible for the consequences of their posting on or through the Site. Luxglove specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Impersonating another person;
  • Selling fake or counterfeit goods as an Individual Seller or Dealer;
  • Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any national or international law or regulation or which fails to comply with accepted Internet protocol;
  • Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  • Posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Singapore export control laws;
  • Attempting to interfere in any way with the Site's or Luxglove’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
  • Abusing special discounts, awards or incentives offered by Luxglove. Unless otherwise specified, only one offer is value per person, maximum two per household.

Transfer of Title/Risk of Loss

The Seller of each Item sold on the Site represents that the Seller will convey clear title of each Item to the Buyer upon receipt of the Buyer’s Total Purchase Price for the Item.

Risk of loss and title passes to the Buyer upon Individual Seller’s/Dealer’s Delivery of the Item to the carrier used by the Seller for shipment.

The Seller represents that the Individual Seller is the sole owner of each Item the Seller is offering for sale on the Site. Also, that the Seller is duly authorized by the owner of the Item to sell the Item and that the Individual Seller will transfer ownership of the Item to the Buyer free from any claims by third parties.

Listing on Luxglove

Listing with Luxglove is free! We waive listing fee and only charge a commission on items sold via the platform.

As Luxglove is a curated site, Luxglove reserves the right to select and rejects Items that may or may not be suitable for the platform. If the quality of the images submitted by Sellers are not up to Luxglove’s guideline standards, Luxglove may contact the Sellers to request better quality, high-resolution images.

White Glove Service

The Site’s White Glove Service provides Sellers with the option for Luxglove to deal with all logistics, professional photography, uploading to Luxglove, and pickup and delivery of the Item once sold.

Relationship of the Parties

The Seller is responsible for accurately describing all their Items offered on the Site for sale, and for delivering to the Buyer in accordance with the arrangements made between Buyer and Seller, including transfer of title.

Item Description

All Sellers are responsible for the accuracy in describing and pricing the Items on the Site. Luxglove relies on our Sellers for such information and is not responsible in any way for the description or pricing of Items on the Site provided by the Seller.

Because most of the Items displayed on the Site are unique and are offered by Sellers that often have retail opportunities for the sale of Items independent from Luxglove, all Items displayed on the Site are offered for sale strictly subject to availability. If Items have sold, Sellers are obligated to update their Item profiles to list the Item as ‘Sold’. If Items are on hold, Sellers are obligated to update their Item profiles to list the Item as ‘On Hold’.

Sellers will describe all Property offered truthfully and accurately. This includes text description, images of each Item of property including, without limitation, its physical condition, age, authenticity, provenance, and any other relevant data. All known or suspected modification of the original Property, including damage or wear and tear to the Property, must be photographed and such damage clearly disclosed on the Site.

Changes / Adjustments

Any changes to item information or price or availability of the items are to be made by logging into your Account and making the changes to the Inventory. Such changes should be made as soon as reasonably possible. Luxglove is not liable for any issues arising from the failure to make such changes in a timely manner.

Site Availability

Due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. Luxglove has the right to correct inaccuracies or mistakes that come to its attention and to void any purchases of Items that display an inaccurate price or description.

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will Luxglove or its suppliers be held liable for any damages due to such interruptions or lack of availability.

Sales Process and Purchases through the Site

When a Buyer identifies an Item for purchase, the Buyer proceeds to checkout after clicking the ‘Buy Now’ button. At that time, the Buyer shall submit valid payment information to Luxglove for payment of the Total Purchase Price. The "Total Purchase Price" is the price agreed to on the Site between Buyer and Seller and includes (i) the price of the Item (the "Purchase Price"); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, GST, Internet sales tax and/or any other taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. By making an offer to purchase, the Buyer irrevocably agrees to pay the Total Purchase Price and the Seller agrees to sell the Item for the Total Purchase Price once a Sale Confirmation is issued to the Buyer.

Sales Confirmation

A sale is confirmed when a confirmation (“Sales Confirmation”) is posted to the Buyer’s account in their Activity Log. Notwithstanding anything to the contrary contained herein, in the event(s) of an error by Seller as to availability of the Item or an error by the Seller or Luxglove as to acceptance of the Buyer’s offer or counter-offer, or any other error on Seller’s or Luxglove part with respect to a Sale Confirmation or the operation of the Site, the Seller and/or Luxglove reserve the right in their sole and absolute discretion to rescind that Sale Confirmation without penalty to any party. If payment has gone through and the Seller confirms that the Item is unavailable, Luxglove will issue an immediate refund to the Buyer.

Once a Buyer and Seller agree to the terms of the sale of the Item, a binding contract between the Buyer and the Seller with respect to the sale and purchase of that Item is created.

The Seller is responsible for shipping the Item to the Buyer within 3 working days. Luxglove will provide the Seller with the relevant shipping details. Once the Item is shipped, the Seller will enter the tracking details for the shipment on their Activity Log page on the Site, and the buyer will be notified. Once received, the Buyer will log on to their Activity Log page on the Site and mark the Item as received. Payment will then be processed by Luxglove to the Seller within 3-7 working days via our secure payment system.

Sales are “As-Is”

All Items displayed on the Site are sold “As-Is”. Neither the Seller nor Luxglove make any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance, authenticity or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Luxglove makes no representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.

Returns Policy

If indicated as ‘Returnable’ by the Seller, the Site will accept returns of Items for any reason within 2 business days of delivery. The cost of return shipping & delivery will be borne by the Buyer.

Loss or Damage

The Seller shall be strictly liable for loss or damage to any Items until the Item has been delivered to the customer, unless otherwise agreed in writing. In the event of loss or damage, the Seller will need to liaise with the customer to resolve all issues. Luxglove will be on hand to assist if required.

Transaction Restriction

If a customer contacts the Seller after seeing an Item on the Site, the Seller shall not sell the Item independently of Luxglove.

International Use

We control and operate the Site from our offices in Singapore, and all information is processed within Singapore. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Singapore or the country in which you reside.

Proprietary Rights

As between you and Luxglove (or other company whose marks appear on the Site), Luxglove (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Luxglove. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the Singapore, other countries, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

The information on the Site including, without limitation, all Site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, graphics, words or phrases may be protected under law as the trademarks, service marks or trade names of (Luxglove) The Artling Pte Ltd or other entities. Such trademarks, service marks and trade names may be registered in the Singapore and internationally.

Without our prior written permission, you agree not to display or use our trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner.

Indemnity

You agree to defend, indemnify and hold (Luxglove) The Artling Pte Ltd, its directors, officers, employees, agents, vendors, partners, contractors, galleries, artists, institutions, distributers, representatives and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of any law, your violation of the Terms or the posting or transmission of any User Content, or materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right. You agree to cooperate as fully as reasonably required in the defence of any claim. Your indemnification obligation will survive the termination of these Terms and your use of the Site.

Applicable Law/Jurisdiction

You agree that the laws of Singapore, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Luxglove relating in any way to your use of the Site resides in the state of Singapore and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Singapore. In addition, you expressly waive any right to a trial in any legal proceeding against Luxglove its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

Disclaimer of Warranties

You understand and agree that:

The Site, including, without limitation, all content, function, materials and services is provided "as is," without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Company does not warrant that the Site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Luxglove makes no warranty that the Site will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. If you are dissatisfied with the Site, you may discontinue using the Site.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

Luxglove does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site. Luxglove is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of Luxglove.

Limitation of liability

In no event shall Luxglove, its affiliates or any of their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, affiliate vendors, contractors, galleries, artists, institutions, representatives or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Luxglove to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the Site exceed, in the aggregate, S$100.00. Without limiting the foregoing, in no event shall Luxglove or its respective officers directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Site have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by or on behalf Luxglove.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.

Notices

Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links/updates to notices to you on the Site.

Contacting Us

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please email us at admin@luxglove.com or write to us at:

Luxglove (The Artling Pte Ltd)
91B Tanjong Pagar Road
Singapore 088512
E-mail: admin@luxglove.com

General Information

The Terms constitute the entire agreement between you and Luxglove and govern your use of the Site, superseding any prior agreements between you and Luxglove. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between Luxglove and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to Luxglove or the Site must be commenced within one (1) year after the claim or cause of action arose.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of Luxglove’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

© Copyright 2015 by The Artling Pte Ltd All rights reserved.