TERMS & CONDITIONS
Adrian Furstenburg PTE Ltd 201830692K (“Adrian Furstenburg” or “Seller”) works to create bespoke, made-to-order, customised leather (and/other material) goods which includes SLG, handbags and all other carry bags, luggage and corporate gifting. All products that are produced, are custom manufactured from scratch to meet specific design criteria. By agreeing on invoice payment the signatory to this agreement (“Buyer”) consents to the following Terms and Conditions and agrees that such Terms and Conditions govern the transaction between Buyer and Adrian Furstenburg PTE Ltd.
1. Acknowledgments, Authorisation and Payment – Buyer has reviewed the Customised Adrian Furstenburg Product and Material Guide to confirm the correct details for its order. Buyer acknowledges that the final design is approved either by artwork, written or verbal agreement. By indicating acceptance of the Work Order and making payment via Adrian Furstenburg online ordering tool/invoice payment, Buyer authorises Adrian Furstenburg to begin production on the Work Order and to charge Buyer’s credit card in the amount reflected on the Work Order. Following such charge, no changes may be made to a custom order. Adrian Furstenburg is not responsible for any errors in the final product caused by information provided by Buyer (including monogramming for initials, sizes, leather colours, hardware material and finish selections).
2. Returns and Refund Policy – Because Seller’s products are custom-made, Seller does not accept returns, and no refunds are available. Notwithstanding the foregoing, if within 30 days of Buyer’s receipt of custom leather goods Buyer discovers material defects in manufacturing, leather, fasteners, stitching, or any other materials, it may submit an inquiry to Seller for verification; if Seller’s Quality Control team determines in its sole discretion that an item is indeed defective, Seller will offer an equitable resolution of the matter to Buyer.
3. Material and Colours – Seller strives to accurately depict all colours on its website/actual samples and in its Work Orders; however, colours displayed on Seller’s website and in Work Orders are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, colour reproduction on the internet is not precise. With custom ordered leather goods - there might be dye lot differences in the leather. Accordingly, Adrian Furstenburg PTE Ltd. does not guarantee that what you see online/on sample will match the colour of the actual product delivered. Even finished products can have minimal colour variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colours may vary from colours shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to colour variances.
4. Design Policy –Seller reserves the right to refuse Buyer artwork, customisation, and/or design requests for any reason, including but not limited to material Seller deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property. Seller is currently not accepting any requests for special, cause-related products as seller evaluates that part of our business.
5. Representations and Warranties – Buyer represents and warrants that it has the necessary rights and permissions to use and exploit any submitted artwork, logo, design, words or any combination thereof submitted to Seller to be applied with marquage technique on product supplied by Seller, and that such use and exploitation does not and will not violate the intellectual property rights (including, but not limited to, trademark, copyright, trade dress, patent, or design patent rights) of any other entity or person.
6. Indemnification – Buyer agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i) Buyer’s use of Seller’s products and services, (ii) breach by Buyer of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
7. DISCLAIMER OF WARRANTIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, GIFTING, CORPORATE PRODUCTS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
8. LIMITATION OF REMEDIES – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. Governing Law and Jurisdiction – These Terms and Conditions and transaction hereunder between Buyer and Seller will be governed and construed in all respects by the laws of Singapore, without regard to principles of conflict of laws. Buyer consents to the exclusive jurisdiction of the courts of Singapore, Hong Kong, Malaysia, Australia and United Arab Emirates for any dispute, action or proceeding arising out of or related to these Terms and Conditions or the transaction hereunder between Buyer and Seller.
10. Force Majeure – Seller is excused for failure to perform its obligations under this agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by Seller and prevents Seller from complying with any of its obligations under this agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricane, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labor difficulties, and other events or circumstances beyond the reasonable control of Seller.
11. User Content – If Buyer or Buyer Team Representative(s) provides photos and/or testimonials to Seller, Buyer authorises Seller to use such photos and testimonials in the marketing of Seller’s goods and services. Buyer represents and warrants that any content submitted to Seller is original to it, that Buyer owns all applicable legal rights in such content, and that the content does not infringe upon the rights of any other person or entity, including individuals depicted within the content. Buyer certifies, represents and warrants that any individual depicted in any content submitted to Seller has given permission to use his or her likeness in the marketing of Seller’s goods and services or Buyer has the authority to attest to this release on his or her behalf.