Terms & Conditions

Swanluxe is Business incorporated in Singapore with registration number 53261623E (“Swanluxe”).

By accessing or using any part of our Website (as defined below) or Services, All Users (as defined below)are deemed to have understood, accepted and agreed to be bound by the latest version of our Terms. .

1. Terms and Expression

1.1 In these Terms, the following terms and expressions shall have the meanings set out opposite them respectively as follows:

“Buyer” User who buys, proposes to buy or is interested in buying any Item or utilizing our services;

“Swan's Service” the service offered by Swanluxe as part of Swanluxe Services, and whereby Seller consigns items to Swanluxe for sale or photography by Swanluxe on Seller’s behalf, in accordance with the applicable practices, arrangements and rules as stipulated in Swanluxe's Rules;

“Swanluxe's Rules” the applicable practices, policies, prescriptions, guidelines and other information relating to operational, technical and administrative matters affecting Swanluxe Services, including information on the available range of Swanluxe Services and prescribed forms, procedures and timelines for the sale and purchase of Items, contained in such manual/s, publication/s and/or notice/s as issued by Swanluxe from time to time whether at Swanluxe Website or otherwise (including all updates and amendments thereto);

“Swanluxe Services” services made available by Swanluxe as described and within the scope stated in paragraph 3.1 below;

“Swanluxe Terms” the meaning given to it in the opening paragraph above;

“Swanluxe Website” Swanluxe’s website located at [www.swanluxe.com];

“Item” a product which is offered for sale or sold by Seller, or which is offered to be or bought by a Buyer, via Swanluxe Website or affiliated platforms otherwise arising from the use or availability of Swanluxe Services;

“Listing” an offer to sell (or an invitation for an offer to be made to buy) an Item, as submitted by Seller, for publication or as published on Swanluxe Website and affiliated platforms;

“person” any natural person or legal entity;

“Seller” User who sells, proposes to sell or is interested in selling any Item;

“User” a person who is effectively engages Swanluxe in accordance with Swanluxe’s prescribed requirements, for the use of our Services;

“User Content” any and all information, images and/or other materials, including as contained in any Listing, which User may be required or permitted to provide, post or publish in connection with her use of Swanluxe Website and/or Services and affiliate platforms, or which Swanluxe may otherwise collect arising from such use, whether or not with User’s knowledge.

1.2 References in Swanluxe Terms to any word:

1.2.1 importing a gender shall be construed in any other gender as the context requires; or

1.2.2 denoting the plural shall be construed accordingly based on the definition herein of such word in the singular; or

1.2.3 denoting the singular shall be construed as denoting the plural or vice versa as the context requires.

1.3 Title headings in and the arrangement and division of provisions into numbered paragraphs in Swanluxe Terms shall have no significance in the interpretation of the substantive terms thereof.

2. Swanluxe Terms

2.1 Swanluxe Terms shall include such additional policies, practices and terms as may be incorporated by reference, stated elsewhere at Swanluxe Website or otherwise published by Swanluxe, to apply to the use of all or some of Swanluxe Services, and for the avoidance of doubt shall include Swanluxe Rules.

2.2 Swanluxe may amend our Terms without prior notice and without liability at any time.

2.3 User is expected to keep updated on the latest current version of our Terms, which User shall be deemed to have understood and accepted and agrees to be bound by and comply with from the effective date thereof as stipulated by us.

3.Swanluxe Services

3.1 Purpose and Scope

Swanluxe Services as described in Swanluxe Rules and provided primarily through Swanluxe Website are designed to facilitate the sale and purchase of Items including new and pre-owned luxury fashion items such as designer apparel, handbags, jewellery, shoes and accessories by and between Users. 

3.2 User engagement

3.2.1 To use Swanluxe Services, User shall have submitted all requisite information to Swanluxe , in connection with which User represents, warrants and undertakes to Swanluxe that at all material times and throughout the period of User’s use of Swanluxe Services:

(i) all information so submitted by User for purposes of such engagement shall be and shall remain truthful, accurate, complete, current and kept updated;

(ii) User has and shall have full legal capacity and authority to enter into and perform the User Terms; an

3.2.2 Swanluxe reserves the right to:

(i) process, review and verify in such manner as it deems appropriate, any and all information submitted for purposes of listing of item/s

(ii) reject the proposed listing or refuse to engage the User without assigning any reasons or explanation for the same;

3.3 Permitted Use

User agrees and undertakes that her use of Swanluxe Services shall:

3.3.1 be subject to Swanluxe Terms, which User undertakes to comply with and abide by, including all practices, policies, arrangements and rules as stipulated in Swanluxe Rules;

3.3.2 be authorised only for the purposes, all being lawful and legitimate purposes, and only in the manner as they are intended; and

3.3.3 not violate any applicable law or regulations nor her legal obligations to any other parties.

3.4 Prohibited Use

Without prejudice to nor limiting the generality of any other provisions of Swanluxe Terms, User shall NOT:

3.4.1 use Swanluxe Services, Swanluxe Website –

(i) for any purposes other than those for which they are intended,

(ii) for any illegal or unauthorized purpose;

(iii) in any manner which is a violation of any legal obligations to which User is bound;

(iv) to harass or otherwise abuse other Users;

(v) to harvest, collect or solicit personal information or passwords, email addresses or other information of other Users or third parties by electronic or other means;

(vi) to send unsolicited emails or other unsolicited communications to other Users or third parties; or

(vii) in any manner that could damage, disable, overburden or impair Swanluxe Website or Swanluxe Services;

3.4.2 conduct or attempt to conduct any transaction in respect of any Item other than by using or otherwise bypassing the use of Swanluxe Website or Swanluxe Services; 

3.4.3 use any automated software (such as harvesting bots, scripts, robots, spiders, scrapers or any other unauthorised third party software designed to access, crawl or collect data) to collect information via, or undermine the security of or otherwise interact in an unauthorised manner with Swanluxe Website or Swanluxe Services;

3.4.4 create a false identity or impersonate any person or entity, or falsely state or otherwise misrepresent to Swanluxe or any other User, any matter or information about herself provided to or based on information obtained from Swanluxe Website or through use of Swanluxe Services;

3.4.5 upload, post, transmit, share or otherwise make available or unlawfully collect, mine or harvest at or through Swanluxe Website and its affiliates or Swanluxe Services, any –

(i) unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(ii) private information of any User or third party, including her address, phone number or email address or Items;

(iii) material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Swanluxe website, any computer software, hardware or telecommunications equipment;

(iv) content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or which may intimidate or harass another;

(v) content that, in the sole judgment of Swanluxe, is objectionable or otherwise restricts or inhibits any other person from using or enjoying Swanluxe Website or Swanluxe Services, or which may expose Swanluxe or any other Users to any harm or liability of any type; or

(vi) content that Swanluxe deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

4. Reservation of Rights

4.1 Availability and Access

Swanluxe Website and Swanluxe Services are made available for convenience only. Swanluxe shall not be under any obligation to maintain Swanluxe Website or provide Swanluxe Services in any particular manner or for any particular period or at all nor be held responsible for any:

4.1.1 reliance placed on the availability of Swanluxe Services; or

4.1.2 termination or suspension of Swanluxe Website or any Swanluxe Services for any reason at any time, with or without notice by Swanluxe.

4.2 Other Action

Swanluxe is not obliged to review but may at any time and reserves the right, with or without prior notice, and whether for the purposes of updating, upgrading or system maintenance or on account of any material, service, conduct or action determined or reasonably apprehended by Swanluxe as violating Swanluxe Terms or damaging to, compromising or undermining the reputation or perception of Swanluxe or Swanluxe Services, or being or potentially being offensive, infringing of any intellectual property rights, illegal or harming, threatening or violating the rights, safety or interest of Users or others:

4.2.1 monitor, screen, investigate, censor or reject any activity, content or material appearing on Swanluxe Website;

4.2.2 suspend, stop or prevent any transaction taking place or about to take place via Swanluxe Website or the use of Swanluxe Services;

4.2.3 modify, delete, remove, edit or withdraw any part or all of Swanluxe Website or Swanluxe Services, including any material or content posted by User; or

4.2.4 suspend, stop, terminate or prevent access to any part or all of Swanluxe Website or Swanluxe Services in relation to any one or more Users, whether or not temporarily;

4.2.5 take such action or decision as Swanluxe finds, in its discretion, to be necessary, appropriate or desirable in connection with its management and/or operation of Swanluxe  Website and/or the provision of Swanluxe Services.

5. Fees and Payments

5.1 Buyer shall remit payment due to Seller for all each and every purchase of an Item or service to Swanluxe:

5.1.1 at such time and in such manner as specified in Swanluxe Rules, and/or as may be otherwise stipulated by Swanluxe ; and

5.1.2 only using such payment process, facilities and account as available and which Buyer is authorised to use.

5.2 Swanluxe  shall be entitled to:

5.2.1 hold such payment due to Seller in escrow until Seller’s fulfillment of such condition/s as stipulated in Swanluxe Rules and/or as may be otherwise stipulated by Swanluxe for the release of such payment;

5.2.2 charge to Seller and deduct from the payment remitted to Swanluxe by Buyer for each Item successfully sold, a commission at such flat fee or a percentage of the purchase price of the Item as stipulated in Swanluxe Rules or as may be otherwise stipulated by Swanluxe ; and

5.2.3 release payment (less said deduction) to Seller in the form of store credits for use at HauteRobe Website rather than in the form of real currency, unless requested otherwise by Seller.

5.3 Where any other fees are required to be paid by User to Swanluxe in relation to HauteRobe Serivces, such payments shall be:

5.3.1 made by User –

(i) in such amount and manner as stipulated in Swanluxe Rules or otherwise specified by Swanluxe;

(ii) at such time required by Swanluxe, which may be in advance of the use of Swanluxe Services for which payment is required; and

(iii) only using such payment process, facilities and account as available and which User is authorised to use;

5.3.2 non-refundable under any and all circumstances, including on account of non-use or partial use of suchSwan's services, unless otherwise stated by Swanluxe; 

5.3.3 made in full and in addition to any applicable goods and services tax; and

5.3.4 free and clear of any deductions, set-off or claims, whether on account of any taxes, levies or duties imposed by the relevant authority, for which User shall be responsible for paying.

5.4 User agrees, undertakes and acknowledges that:

5.4.1 she shall not carry out or omit any action to avoid or with the intention of avoiding any payments required to be made to HauteRobe; and 

5.4.2 any action, omission or conspiracy by User, whether in conjunction with any other person or otherwise, that encourages, solicits or attempts to effect or cause complete or partial payment for any Item outside of or bypassing Swanluxe Website shall be a violation of Swanluxe Terms which entitles Swanluxe to terminate the transactions relating to such Item and/or remove such Item from our Website;

5.4.3 where User makes or remits payment using the services or infrastructure of a third party payment intermediary, payment gateway or other payment service provider, Swanluxe shall not be responsible for any -

(i) authorisation checks or verification procedures to which Swanluxe may be subject in connection with such payment process;

(ii) any rejection, delay, failure or error in relation to such payment process; or

(iii) the consequence arising from any of the aforesaid; and

5.4.4 where User makes or remits payment using any payment process, facilities and/or account which she is not authorised to use, whether fraudulently or otherwise, User shall be solely responsible for and indemnify and keep Swanluxe harmless from and against any and all consequences arising therefrom.

6. Own Risk and Investigations

6.1 User agrees, acknowledges and accepts that:

6.1.1 User’s use of and/or reliance on any information obtained through Swanluxe Website and/or Swanluxe Services shall be strictly and entirely at her own risk;

6.1.2 Swanluxe is not obliged to and may not conduct any investigations, checks or due diligence into the background of any other User with whom the first-mentioned User interacts through use of Swanluxe Website or Swanluxe Services;

6.1.3 Swanluxe assumes no responsibility whatsoever as to the accuracy, completeness or authenticity of any information of or provided by any other User, nor as to the success or failure of any resulting transactions, discussions or negotiations with any such other User;

6.1.4 User is strongly advised to make every effort to undertake her own checks of and review all available descriptions, photographs or other information of any Item that User wishes or intends to purchase and clarify any doubts and questions with the Seller of such Item.

6.2 User shall not, under any circumstances, seek to claim or hold Swanluxe responsible or liable in any way for any activity or transaction User undertakes or enters into, whether or not in relation to the purchase or sale of any Item and whether with any other User or otherwise, or for any reliance User places on any information obtained through use of or as may be facilitated by Swanluxe Website or Swanluxe Services.

7. User Content  

7.1 Quality

7.1.1 User acknowledges and agrees that User Content may be viewed or relied upon by Swanluxe or other Users or third parties, and further undertakes to ensure and represents and warrants that any User Content which User provides to Swanluxe:

(i) is current and not misleading, not deceptive and not inaccurate in any way or at any time;

(ii) is duly authorized to post or publish at or through Swanluxe Website;

(iii) does not violate any applicable laws;

(iv) does not infringe the intellectual property, confidentiality or other rights of any third party including any current or previous employer;

(v) does not contain illegal, defamatory, libellous, offensive, pornographic or obscene materials or promote sexually explicit materials; and

(vi) does not contain or will not import any viruses or other disabling devices which may interfere, damage, surreptitiously intercept, access or expropriate any system, data or information of Swanluxe or any other Users.

7.1.2 Swanluxe reserves and User agrees that Swanluxe  shall have the right (but shall not be obliged) to reject, remove, block or edit any User Content which it finds in its discretion or is informed to contravene the above or other requirements of Swanluxe Terms or to be otherwise unsuitable or inappropriate and without prior or any notification or explanation to User.

7.2 Grant of Licence

User hereby:

7.2.1 authorises Swanluxe to reproduce and make such copies of her User Content as Swanluxe requires to enable the posting, publication and/or storage of the same at or for the purposes of Swanluxe Website and/or Swanluxe Services; and

7.2.2 grants to Swanluxe a non-exclusive, perpetual, irrevocable, transferable, worldwide, royalty free licence to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), distribute and/or prepare derivative works of any of her User Content and/or sublicense any of the aforesaid rights for any commercial or non-commerical purpose as HauteRobe deems appropriate including but not limited to:

(i) planning, research and/or development purposes and/or marketing of products and services;

(iii) communicating with or sending promotional or other materials to the first-mentioned User or other Users which HauteRobe considers may be of interest to it or them or are otherwise related to HauteRobe Services;

(iv) disclosure to other governmental agencies and bodies; and/or

(v) compliance with any applicable law, or order or direction or court or other competent authority; and

7.2.3 warrants, represents and undertakes to Swanluxe that she is duly authorised and has full legal capacity to grant the aforesaid authorization and licence to Swanluxe.

7.3 Responsibility

7.3.1 User shall be solely responsible for and shall keep Swanluxe harmless from and against any liability, loss, claim, action or proceedings arising from User Content that User provides to Swanluxe or uploads, posts, publishes or displays at or through Swanluxe Website or Swanluxe Services.

7.3.2 User acknowledges and agrees that:

(i) User Content from other Users and third parties may be made available to User through Swanluxe  Website or Swanluxe Services; and

(ii) such User Content –

(a) is not under the control of Swanluxe ; and

(b) Swanluxe shall not be responsible for under any circumstances.

7.3.3 Swanluxe shall not be responsible and disclaims all liability for and shall further not be in any way involved in any:

(i) action taken or transaction effected under her User Account whether or not authorised by User;

(ii) interaction, communication or transaction between User and any other User or third party, whether or not through use of Swanluxe Website or Swanluxe Services;

(ii) User’s or third party's use or disclosure of information about or relating to Swanluxe Website or Swanluxe Services; or

(iii) conduct, whether online or offline, of any User or any information, content, material, software, system or facility posted, made available or represented by any other User or third party through Swanluxe Website or encountered in the use of Swanluxe Services.

8. Items and Listings   

8.1 Administration and Management

Swanluxe reserves the right, in its management of Swanluxe Website, and User acknowledges and agrees that Swanluxe may and further that User shall be bound and shall abide by any action or decision of Swanluxe to:

8.1.1 divide, arrange and present Items and Listings under various respective sections corresponding to the categories of Items and Listings available or otherwise as determined by Swanluxe to be appropriate or desirable; and

8.1.2 publish any Listing submitted by Seller or accept any Item for sale via Swan's Service, whether by reason of such Listing or Item not meeting the required or appropriate specifications or does not comply with Swanluxe Terms, as Swanluxe determines in its sole discretion, or otherwise.

8.2 Modification and Re-Presentation of Contents 

Swanluxe reserves the right to, and User agrees and accepts that:

8.2.1 Swanluxe may modify, or re-present the contents and/or other information submitted by Seller in any Listing into another form, format or style as Swanluxe determines for publication on Swanluxe Website, which Seller shall be bound by;

8.2.2 it shall be Seller’s responsibility to –

(i) verify and ensure that any such modification or re-presentation accurately reflect Seller’s intentions and the original contents and/or information submitted by Seller in such Listing; and

(ii) notify Swanluxe in writing of any inaccuracy or misleading information cause by such modification or re-presentation;

8.2.3 any such modification or re-presentation of the said contents or other information shall not in any way make Swanluxe responsible nor cause Swanluxe to be liable for any claims, losses, damages, costs and/orexpenses arising from any alleged or actual inaccuracy or error in the said modification or re-presentation.

8.3 Authority, Accuracy and Undertaking

Without prejudice to the generality of the provisions of paragraph 7 above, Seller represents, warrants and undertakes to Swanluxe that with respect to every Listing or Item she submits to Swanluxe for publication at Swanluxe Website or affiliates respectively:

8.3.1 the Item described in such Listing or submitted to Swanluxe, as the case may be, shall be authentic, in good merchantable condition and comply with all other requirements stipulated in Swanluxe Rules or as otherwise specified by Swanluxe;

8.3.2 all information provided by Seller to Swanluxe in relation to such Listing or Item shall be truthful, accurate and current and comply with all other requirements stipulated in Swanluxe Rules or as otherwise specified by Swanluxe;

8.3.3 Seller is duly authorised to and possesses all requisite rights and title to offer for sale, sell and pass good, valid and effective legal and equitable title in the Item described in such Listing or submitted to Swanluxe, as the case may be;

8.3.4 the Item described in such Listing or submitted to Swanluxe, as the case may be, and User’s sale or offer for sale of such Item –

(i) is genuine and not an imitation or knock-off of the brand under which it is described and offered for sale;

(ii) does not infringe the intellectual property or other rights of any third party; and

(iii) is not restricted in any manner under any applicable laws or regulations;

8.3.5 User shall immediately inform Swanluxe and cease using Swanluxe Services to publish any Listing or sell or offer for sale any Item which she knows or has reason to believe or should reasonably know

(i) does not meet the required or appropriate specifications or does not otherwise comply with Swanluxe Terms; or

(ii) poses any credible or reasonable threat of legal proceedings arising from the Listing or the sale or offer for sale of the Item, as the case may be.  

9. Legal Relations and Contracts

9.1 For the avoidance of doubt and subject to paragraph 9.5 below, Swanluxe shall not under any circumstances be or be deemed a:

9.1.1 party to or otherwise involved in any sale-and-purchase transaction or legal relations arising between or among any two or more Users; nor

9.1.2 supplier, seller, purchaser or buyer of any Item, whether or not Swanluxe is involved in the physical delivery, consignment or possession of the Item at any stage of the transaction in question.

9.2 Whether legal relations have been formed, a binding contract exists, or legal rights and/or obligations subsist between or among any two or more Users who interact, communicate or transact through or pursuant to the use of Swanluxe Website or Swanluxe Services may be determined with reference to Swanluxe Rules or otherwise depend on, inter alia:

9.2.1 the legal significance of the communication engaged by the parties in question; and

9.2.2 the operation of the applicable law to the prevailing circumstances.

9.3 If User is in doubt as to the existence of legal relations arising between or among herself and any other User, the first-mentioned User is encouraged to seek independent professional advice. 

9.4 Risks to Items

User agrees and acknowledges that where she contracts for Swanluxes provision of delivery and/or collection services in relation to an Item, whether or not in conjunction with our Service:

9.4.1 Swanluxe shall be entitled to arrange for a third party service provider to carry out the physical delivery and/or collection of Items, on terms as agreed between Swanluxe and such third party;

9.4.2 in carrying out such physical delivery and/or collection of items, such third party service provider shall not be deemed to be acting as agent of Swanluxe, and Swanluxe bears no responsibility for the acts and omissions of such third party service provider;

9.4.3 User shall bear all risks of loss or and/or damage to such Item at all times –

(i)until and unless Swanluxe takes delivery of and assumes physical possession of the Item from User or such third party service provider;  or, as the case may be

(ii)upon Swanluxe effecting delivery of and passing physical possession of the Item to User or such third party service provider; and

9.4.4 User is at liberty, at her own cost, to insure the Item against any and all such risks, including for the period while the Item is in transit or in custody or possession of any third party service provider for whom Swanluxe bears no responsibility. 

9.5 Swan's Service

In the provision of Swan's Service, Swanluxe shall be deemed to act as agent for and on behalf of Seller, in connection with which:

9.5.1 Seller appoints Swanluxe as such agent to do such acts and take such actions as Swanluxe determines to be necessary or appropriate to market, promote, offer for sale and/or sell on behalf of Seller such Item/s as are consigned by Seller to Swanluxe ;

9.5.2 Seller authorises and ratifies all acts and omissions of Swanluxe in marketing, promoting, offering for sale and/or selling such Item/s as if Seller herself had done them;

9.5.3 Seller agrees, acknowledges and accepts that Swanluxe gives no assurance of any demand for or that any one or more Item/s consigned to Swanluxe will be sold by or within any period or at all; and

9.5.4 Seller and Buyer agrees, acknowledges and accepts that Swanluxe shall not be construed nor deemed to have, under any circumstances, separately or independently entered into, undertaken, authorised, abetted or aided in any sale-and-purchase transaction, action or activity.

10. Intellectual Property Rights

10.1 All copyright, trade marks and other intellectual property rights comprised or subsisting in the information, text, graphics, logos, design, layout, scripts, software, technology, music, sound, photographs, images, search engines and/or any other materials or works used on, contained in or used in connection with Swanluxe Website and/or Swanluxe Services (collectively "Swanluxe Materials") are the sole and exclusive property of Swanluxe and/or its licensors, and shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way whether in whole or in part, without prior written consent of Swanluxe.

10.2 Subject to compliance with Swanluxe Terms, User is permitted (at her own risk) to download and print the Swanluxe Materials (whether or not including any User Content) for personal reference and non-public and non-commercial use only.  Other than such limited permission, User shall not use, make public reference to, create derivative works from, reproduce, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, link or transmit in any manner or by any means or store in any information retrieval system any part of Swanluxe Website or the Swanluxe Materials without prior written consent of Swanluxe.

11. Third Party Products, Services and Websites

11.1 Other Products, Services and Brands

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise found at Swanluxe Website does not constitute nor imply endorsement, sponsorship or recommendation thereof by or any affiliation with Swanluxe.

11.2 Other Websites

11.2.1 Any third party websites operated by or under the control of parties other than Swanluxe (“Other Websites”) linked to Swanluxe Website by hyper-linking, deep-linking or otherwise, are so linked for convenience and ease of reference only. Swanluxe does not represent nor intend for such links to be referrals, recommendations or endorsements of such Other Websites, the use of which may be governed by separate terms and conditions, or the parties operating them.

11.2.2 User acknowledges and agrees that:

(i) Swanluxe –

(a) has no control over the parties operating the Other Websites;

(b) does not contribute nor assume any responsibility for the Other Websites or the information contained in or services or facilities offered or made available at the Other Websites;

(c) shall not be liable for any loss, damage, cost or expense incurred by User arising from or for any reliance placed on or the use of any information, services or facilities provided at the Other Websites; and

(ii) User’s access to, use of or reliance on the content of the Other Websites shall be entirely at her own risk.

12. General Indemnity, Exclusions and Limitations

12.1 Lawful Use

In using Swanluxe Website and/or Swanluxe Services, User undertakes that she will at all times act lawfully, so that in the event that her use of Swanluxe Website and/or Swanluxe Services contravenes any applicable law (whether criminal or civil) or contravenes Swanluxe Terms and/or results in Swanluxe suffering any claims, losses, damages, costs or expenses howsoever arising whether direct, indirect or consequential, User shall and agrees to indemnify Swanluxe against all such claims, losses, damages, costs or expenses (including without limitation, lawyer’s fees incurred to seek legal advice on or to defend or protect Swanluxe in respect thereof).

12.2 “As Is, As Available” Provision

SWANLUXE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHETHER EXPRESS OR IMPLIED.  SWANLUXE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT OR IMPLIED WARRANTIES FROM COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

12.3 Exclusions of Liability and Responsibility

USER ACCEPTS AND AGREES THAT EACH OF SWANLUXE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS:

12.3.1 DOES NOT GUARANTEE UNINTERRUPTED, CONTINUED OR SECURE ACCESS TO SWANLUXE website OR SWANLUXE SERVICES;

12.3.2 SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES IF SWANLUXE WEBSITE OR ANY OF SWANLUXE SERVICES BECOMES UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME, WHETHER OR NOT SUCH UNAVAILABILITY IS DUE SUBSTANTIALLY TO MATTERS BEYOND SWANLUXE’s REASONABLE CONTROL;

12.3.3 DOES NOT GUARANTEE THAT Swanluxe website OR Swanluxe SERVICES WILL BE ERROR FREE OR FREE FROM COMPUTER VIRUS OR OTHER INVASIVE OR DAMAGING CODE OR THAT USE OF Swanluxe website OR Swanluxe SERVICES WILL YIELD OR PROVIDE ANY SPECIFIC RESULTS;

12.3.4 IS NOT OBLIGED TO AND may NOT CONDUCT ANY INVESTIGATIONS, CHECKS OR DUE DILIGENCE INTO ANY USER OR OTHER THIRD PARTY ADVERTISING ON OUR WEBSITE AND SHALL NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY WHATSOEVER, FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES HOWSOEVER ARISING WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL IN RESPECT OF ANY INFORMATION, OPINION OR ADVICE CONTAINED WITHIN THE WEBSITE;

12.3.5 DOES NOT ASSUME RESPONSIBIILTY FOR AND EXCLUDES AND DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY FOR ANY –

(i) INACCURACY, ERROR, misdescription or omission in ANY User content or other INFORMATION APPEARING AT Swanluxe website;

(ii) DAMAGES, WHETHER GENERAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OR INTERRUPTED BUSINESS, LOST USE OR LOST OPPORTUNITY, HOWSOEVER ARISING INCLUDING IN CONSEQUENCE OF USE OF OR RELIANCE PLACED ON Swanluxe website AND/OR Swanluxe SERVICES, AND WHETHER IN CONTRACT, TORT OR OTHERWISE;

(iii) DELAY, FAILURE OR INABILITY TO GAIN ACCESS TO OR USE Swanluxe website AND/OR Swanluxe SERVICES DUE TO ANY REASON WHATSOEVER;

(iv) OTHER RIGHT, REMEDY OR OBLIGATION OTHER THAN LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY Swanluxe's NEGLIGENCE;

(v) LOSS OF ELECTRONIC OR PHYSICAL DATA WHETHER AS A RESULT OF MALICIOUS COMPUTER VIRUSES OR OTHERWISE, INCLUDING ANY User CONTENT, FOR WHICH User SHALL BE RESPONSIBLE FOR MAKING BACK-UP COPIES OF AS User MAY REQUIRE; AND

12.3.6 Exclude all risks of DELAYS, loss, damages, costs and other consequences arising directly or indirectly from User using Swanluxe website or Swanluxe SERVICES, including as caused by any third party providing postal, shipping, delivery or other logistical services.

12.4 Exclusive Remedy  

without prejudice to the exclusions in paragraph 12.3, User’s EXCLUSIVE REMEDY AND SWANLUXE’s MAXIMUM LIABILITY TO User for any claim by User in relation to SWANLUXE WEBSITE AND/OR services, whether in contract, tort or otherwise, SHALL, IN ANY EVENT, BE limited to:

12.4.1 A REFUND TO User OF any amounts actually paid by User to Swanluxe less administrative fees in respect of the item to which the said claim relates, if any; or

12.4.2 if user has not paid any amounts to Swanluxe FOR such item, THEN THE AMOUNT WHICH IS THE INTENDED RETAIL PRICE OF THE ITEM AS DETERMINED BY SWANLUXE, SUBJECT TO A MAXIMUM OF SGD800.

13. General

13.1 Severability

If any provisionof Swanluxe Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of Swanluxe Terms, which shall remain in full force and effect.

13.2 Successors and Assigns

Swanluxe Terms shall be binding upon and shall extend and apply to the benefit of the successors and permitted assigns of Swanluxe.

13.3 Force Majeure

Swanluxe shall not be held responsible for any act or cause beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, equipment or system failures, power failures, act of terrorism, act of mischief, inclement weather and other disasters.

13.4 Governing Law and Jurisdiction

13.4.1 Swanluxe Terms and use of Swanluxe Website its affiliates and Swanluxe Services shall be governed by and construed in accordance with the laws of Singapore.

13.4.2 User shall be responsible for ensuring compliance with all applicable laws including any laws to which User may be subject and shall not access or use HauteRobe Website and HauteRobe Services from any location outside of Singapore where this is not permitted or would otherwise be unlawful.

13.4.3 User irrevocably agrees to submit to the exclusive jurisdiction of the Courts of Singapore in respect of any matter or dispute involving Swanluxe and/or arising in connection with Swanluxe Terms and/or use of Swanluxe Website and/or Swanluxe Services.