Terms & Conditions
BY USING AND/OR ACCESSING ANY PART OF THIS WEBSITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). THE TERMS OF USE IS ISSUED BY LUXASIA PTE.LTD., A MEMBER OF THE LUXASIA GROUP. THE ESCENTIALS BRAND IS A TRADEMARK OF THE LUXASIA GROUP. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. THE CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
1. Use of the Website.
You may use the Website only in accordance with and subject to these Terms of Use and the Website's Privacy Policy (the "Privacy Policy"). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of members of the LUXASIA Group. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Website to: (a) transmit via or through the Website any information, data, text, images, files, links, or software except in connection with your authorized use of this Website or otherwise in response to specific requests for information by us; (b) introduce to the Website or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Website or an employee of the LUXASIA Group; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Website or any component of this Website; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
2. Membership Enrolment.
This website is available to registered members 18 years and older. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects (“Personal Data”). [You may update your registered profile at any time by signing into your account and selecting “Update Profile”. We may also change registration requirements from time to time.
The LUXASIA Group reserves the right to terminate your account and your use of the Website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate.
3. Additional Terms and Conditions.
Additional terms and conditions may apply to specific portions of the Website or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Website or your membership, the latter terms shall control with respect to your use of that portion of the Website or your membership.
4. Accuracy of Content; Limitations on Quantity.
The information on this Website is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Website at a particular time does not guarantee that the products or services will be available.
5. Credit Card Payment.
In a credit card transaction, you must use your own credit card. The LUXASIA Group will not be liable for any credit card fraud. The liability of fraudulent use will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
6. Proprietary Rights.
You acknowledge and agree that the content, materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Website are the property of the LUXASIA Group and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distributed, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Website. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. The LUXASIA Group relies inter alia upon a network of independent vendors who supply some of the goods advertised on the Website and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site.
7. Submissions.
Any comments, ideas, notes, postings, messages, suggestions or other communications or information posted on the Website, or otherwise communicated in connection with your use of the Website (collectively, "Submissions") shall be and remain the exclusive property of the LUXASIA Group with no further compensation to you. As such, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY SUBMISSION TO THE LUXASIA GROUP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO THE LUXASIA GROUP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO THE LUXASIA GROUP THAT THE LUXASIA GROUP IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE LUXASIA GROUP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. The LUXASIA Group takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
8. Links to Third-Party Web Websites
This Website may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party
9. Indemnification.
By using this Website, you agree to indemnify, hold harmless and defend the LUXASIA Group and its subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Website; (ii) your breach of the Terms of Use; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. The LUXASIA Group reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. Disclaimer of Warranty.
THE WEBSITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE LUXASIA GROUP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
11. Limitation of Liability.
IN NO EVENT SHALL THE LUXASIA GROUP, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY THE LUXASIA GROUP, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE LUXASIA GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MEMBERS OF THE LUXASIA GROUP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE LUXASIA GROUP IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MEMBERS OF THE LUXASIA GROUP, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE 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 OF THE LUXASIA GROUP.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website and shall also include all product liability claims. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
12. International Use.
We make no representation that information on this Website is appropriate or available for use outside of Singapore. Those who choose to access this Website from outside of Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Risk of Loss.
The items purchased from our Website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
14. Affiliates.
The LUXASIA Group is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. The LUXASIA Group reserves the right to void all service, return, and other policies for orders and products that were purchased through unauthorized sellers. The LUXASIA Group is not responsible for any representations by unauthorized sellers.
15. Unavailability of Website; Termination; Fraud.
We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Website or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
16. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. With regards to copyright issues, kindly email to: Daniel@escentials.com.
17. Miscellaneous.
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the LUXASIA Group with respect to the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the LLUXASIA Group with respect to the Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of the LUXASIA Group to act with respect to a breach by you or others does not waive the LUXASIA Group’s right to act with respect to subsequent or similar breaches. The LUXASIA Group’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
This agreement shall be construed in accordance with the applicable laws of Singapore. The Courts at Singapore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
SUBMISSION AND ACCEPTANCE OF ORDERS
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment email will be sent to you at the email address provided at registration or on submission of your order. This acknowledgment email confirms the details of your order and is not an acceptance of your order. If you do not receive an acknowledgment email from the LUXASIA Group within two working days, please contact the LUXASIA Group's Customer Service at customercare@escentials.com. Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products.
Once an order has been placed, no changes can be made to your order
Returns and Exchanges
For incorrect or defective items shipped, we have a 7 business days return or exchange policy upon receipt of order by the customer, subject to the following terms and conditions:
· Item must be in their original purchase condition, including the original product packaging, manufacturer's containers, documentation, and all accessories. All packaging must be unmarked and not defaced in any manner.
· Any item that you received with tags attached must be returned with those tags intact.
· Items purchased as part of a set or multi-item pack has to be returned as a whole set.
· This return or exchange policy does not apply to items that have been stated as Non-exchangeable and Non-refundable on the Website.
All returns will be reviewed first by The LUXASIA Group and we reserve the right to perform remedies including:
- Replacing the product with a new item, or
- Full refund will be made in online store credits with a validity period of 365 days.
All refunds and exchanges must be done via our escentials store at:
290 Orchard
#03-02/05
Paragon
Singapore 238859
