Terms of service

Terms of Service

1. Overview

This website is operated by Elysium Eyewear, a brand operated by Leapfrog Distribution Pte Ltd.

Throughout these Terms of Service:

“Elysium Eyewear”, “we”, “us” and “our” refer to Elysium Eyewear and Leapfrog Distribution Pte Ltd;
“Website” refers to www.elysiumeyewear.com and its related webpages;
“Services” refers to the Website, online store, content, products and services made available through it; and
“you” and “your” refer to any visitor, customer or user of the Website.

By accessing the Website, creating an account, submitting an order or otherwise using our Services, you agree to be bound by these Terms of Service and the policies referenced in them.

Please do not access or use the Services if you do not agree to these Terms.

2. Eligibility

You must be at least 18 years old or the age of legal majority in your place of residence to place an order through the Website.

A parent or legal guardian must place and supervise any order made for a child or minor.

By using the Website, you represent that:

You have the legal capacity to enter into a binding agreement;
The information you provide is accurate and complete;
You will use the Services only for lawful purposes; and
You will not use our products or Services in a way that violates any applicable law or regulation.

3. Changes to These Terms

We may revise these Terms periodically.

The updated version will be published on the Website with a revised “Last updated” date. Changes will take effect when published unless otherwise stated.

The Terms in effect when an order is accepted will generally govern that order, subject to applicable law.

Your continued use of the Website after revised Terms are published constitutes acceptance of those revisions.

4. Website Availability

We may modify, suspend, restrict or discontinue any part of the Website or Services at any time.

We do not guarantee that:

The Website will always be available;
Access will be uninterrupted or error-free;
Website defects will always be corrected immediately; or
The Website will be free from viruses, malware or other harmful components.

We may carry out maintenance, security updates or technical changes without prior notice.

5. Account Registration

Certain Website features may require you to create an account.

You are responsible for:

Providing current, accurate and complete information;
Maintaining the confidentiality of your password and account credentials;
Restricting access to your device and account; and
All activities carried out through your account.

You must notify us promptly if you suspect unauthorised access or use.

We may suspend or terminate an account where we reasonably believe it has been compromised, misused or used in breach of these Terms.

6. Product Information

We make reasonable efforts to ensure that product descriptions, dimensions, features, colours, materials, photographs and other information are accurate.

However:

Colours may appear differently depending on screen settings, lighting and photography;
Dimensions and weights may be approximate;
Minor variations may occur between manufacturing batches;
Packaging may differ from images shown; and
Product specifications may change without prior notice where the change does not materially reduce the product’s intended function.

Images are provided for general illustration and may not represent exact colour, scale or fit.

You should review all product information and measurements before ordering.

7. Eyewear and Health Disclaimer

Unless expressly identified otherwise, Elysium Eyewear products are non-prescription consumer eyewear.

Our products are not intended to:

Diagnose, treat, cure or prevent any disease or medical condition;
Replace prescription glasses;
Correct refractive errors;
Replace professional eye examinations;
Replace medical advice from an optometrist, ophthalmologist or other qualified healthcare professional; or
Guarantee the prevention of eye strain, headaches, sleep disruption, eye disease or damage caused by digital-screen use.

Statements concerning blue-light filtering, glare reduction, ultraviolet protection, comfort or visual performance describe the intended characteristics of the relevant product and are not medical claims.

Individual experiences may vary.

Seek professional advice if you experience persistent eye discomfort, blurred vision, headaches, light sensitivity or other visual symptoms.

8. Children’s Eyewear

Children’s products must be selected, fitted and used under appropriate adult supervision.

A parent or guardian is responsible for determining whether the product:

Is suitable for the child’s age;
Fits correctly;
Is being used safely;
Has become damaged or unsuitable through wear; and
Should be assessed by an eye-care professional.

Eyewear is not a toy. Small or detachable parts may present a hazard if damaged or improperly handled.

9. Product Availability

All products are subject to availability.

Placing an item in your cart does not reserve it. We may limit quantities, restrict sales by customer or territory, or discontinue a product at any time.

If a product becomes unavailable after you submit an order, we may:

Contact you to offer an alternative;
Remove the unavailable item and refund the amount paid for it; or
Cancel and refund the affected order.

10. Prices and Currency

Prices are displayed in the currency selected for your country or region.

Currency conversions may be estimated or processed by Shopify, our payment provider, your card issuer or another third party. The amount charged by your payment provider may differ because of:

Exchange-rate movements;
Foreign-exchange margins;
Cross-border processing charges;
Bank fees; or
Rounding.

Unless expressly stated otherwise, displayed prices exclude:

Delivery charges;
Customs duties;
Import taxes;
Brokerage fees; and
Other charges imposed by authorities or third-party service providers.

Applicable charges will be displayed at checkout where they can reasonably be calculated.

We may change prices at any time. A price change will not affect an order that we have already accepted, except where there is an obvious error.

11. Pricing and Website Errors

We may correct typographical errors, inaccurate descriptions, incorrect prices, promotional mistakes or other errors at any time.

Where a product is listed at an obviously incorrect price or with materially incorrect information, we may reject or cancel the order even if payment has been authorised.

If payment has already been collected, we will refund the affected amount to the original payment method.

We may contact you and offer the option to proceed at the correct price where appropriate.

12. Promotions and Discount Codes

Promotions, discount codes, gifts and special offers:

Apply only during the specified promotional period;
May be subject to eligibility conditions;
Cannot be exchanged for cash;
Cannot ordinarily be combined unless expressly stated;
May be limited by customer, household, order, product or territory; and
May be withdrawn or amended where there is an error, abuse or suspected fraud.

Discounts must be entered before checkout is completed. We are not required to apply a promotional code retrospectively.

Where a return causes an order to fall below a promotional threshold, we may recalculate the order and deduct the relevant discount or gift value from the refund.

13. Orders

Your submission of an order constitutes an offer to purchase the selected products.

An automated email acknowledging receipt of your order does not necessarily mean that we have accepted it.

A binding sales contract is formed when we:

Send an order-confirmation or dispatch-confirmation email; or
Otherwise expressly confirm that your order has been accepted,

whichever occurs first.

Each accepted order constitutes a separate contract.

We reserve the right to accept or reject an order in whole or in part.

14. Order Refusal and Cancellation

We may reject, limit or cancel an order where:

A product is unavailable;
Payment cannot be authorised;
There is a pricing, product-information or system error;
Delivery is unavailable to the supplied address;
We suspect fraud, unauthorised resale or unlawful activity;
The order exceeds a stated quantity limit;
Information supplied by the customer is incomplete or inaccurate; or
Accepting the order would breach applicable law or a third party’s requirements.

Where we cancel an order after receiving payment, we will refund the relevant amount to the original payment method.

15. Payment

You agree to provide valid, current and complete billing and payment information.

By submitting payment details, you represent that:

You are authorised to use the selected payment method;
The payment information is accurate;
The issuer may process the transaction; and
You authorise us and our payment providers to charge the amount due.

Payments may be processed by Shopify Payments, banks, card networks, digital-wallet providers and other third-party processors.

We do not control their processing times, authorisation decisions, currency-conversion methods or service availability.

16. Fraud Prevention

We may use fraud-detection and verification systems before accepting or dispatching an order.

We may request additional information to confirm:

Your identity;
Your billing details;
Your delivery address; or
Your authority to use the payment method.

Failure to provide satisfactory verification may result in delay or cancellation.

We may report suspected fraud or unlawful conduct to payment providers, financial institutions or relevant authorities where permitted or required by law.

17. Delivery

Delivery times are estimates and are not guaranteed unless expressly agreed in writing.

Delivery may be affected by:

Courier delays;
Customs clearance;
Public holidays;
Weather;
Labour disruption;
Incorrect addresses;
Security checks;
Border restrictions; or
Other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate delivery address.

We are not responsible for delays, loss or additional costs caused by incorrect or incomplete delivery information supplied by you.

18. Delivery Completion and Risk

Delivery is considered completed when the order is:

Delivered to the stated address;
Accepted by a person at that address;
Placed in an authorised safe location;
Delivered to a selected collection point; or
Otherwise recorded as delivered by the carrier.

Risk of loss or damage passes to you upon delivery, except where applicable law provides otherwise.

Ownership of the products passes to you only after we receive payment in full.

19. Customs and International Orders

For orders delivered outside Singapore, you are responsible for:

Confirming that the products may lawfully be imported;
Acting as importer of record where required;
Paying customs duties, import taxes, brokerage fees and handling charges; and
Providing documents requested by customs authorities or delivery providers.

Customs authorities may open and inspect parcels.

We are not responsible for customs delays, confiscation or charges caused by local import rules unless the problem results directly from our error.

Refusal to pay customs or import charges does not automatically entitle you to a full refund. Costs incurred in returning or disposing of the parcel may be deducted from any refund.

20. Returns and Refunds

Returns, exchanges, defective-product claims and refunds are governed by our Return and Refund Policy, which forms part of these Terms.

Where there is a conflict between these Terms and the Return and Refund Policy concerning a return, the Return and Refund Policy will apply, subject to applicable law.

Nothing in either policy excludes rights that cannot legally be excluded.

21. Product Inspection and Care

You should inspect products promptly after delivery.

You are responsible for following the supplied care and usage instructions, including appropriate:

Cleaning;
Storage;
Handling;
Adjustment; and
Protection from heat, pressure, chemicals and impact.

Damage caused by improper use, accidental impact, excessive force, unauthorised repair, modification, unsuitable cleaning materials or normal wear and tear is not a manufacturing defect.

Do not use damaged eyewear. Replace or professionally assess any product with cracked lenses, broken hinges, loose components or distorted frames.

22. Prohibited Uses

You must not use the Website or Services:

For unlawful, fraudulent or deceptive purposes;
To infringe intellectual-property, privacy or other legal rights;
To distribute viruses, malware or harmful code;
To gain unauthorised access to any system or account;
To scrape, crawl, harvest or extract data through automated means without written permission;
To interfere with Website security or operation;
To impersonate another person;
To submit false information;
To send spam or unsolicited commercial messages;
To manipulate reviews, promotions, referrals or pricing;
To purchase products for unauthorised commercial resale;
To reproduce or commercially exploit Website content without permission; or
To engage in conduct that may damage Elysium Eyewear, our customers or third parties.

We may suspend access, cancel orders or take legal action in response to prohibited conduct.

23. Intellectual Property

The Website and its contents, including:

Brand names;
Logos;
Product names;
Product designs;
Photographs;
Graphics;
Videos;
Text;
Layouts;
Packaging;
Software; and
Other materials,

are owned by or licensed to Elysium Eyewear and are protected by intellectual-property laws.

You may access and use the Website for personal, non-commercial shopping purposes.

You must not copy, reproduce, modify, distribute, publish, display, sell, license, create derivative works from or commercially exploit our content without prior written permission.

No licence or ownership right is transferred to you except for the limited right to use the Website in accordance with these Terms.

24. Trademarks

Elysium Eyewear names, logos, slogans, product names and trade dress may be trademarks or protected brand identifiers.

You must not use them:

In a way that causes confusion;
In advertising or commercial materials;
As part of a domain name or social-media account;
On counterfeit or unauthorised products; or
In a manner suggesting sponsorship or endorsement,

without our prior written consent.

25. User Content and Reviews

You may be able to submit reviews, photographs, comments, feedback, suggestions or other content.

You retain ownership of your original content. However, by submitting it, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to use, reproduce, adapt, publish, translate, distribute and display it for operating, marketing and improving our business and Services.

You represent that your content:

Is accurate and based on genuine experience where presented as a review;
Does not infringe another person’s rights;
Is not unlawful, abusive, discriminatory, defamatory or obscene;
Does not contain malware or deceptive links; and
Does not include confidential personal information about another person without permission.

We may moderate, decline or remove user content but are not required to do so.

We are not required to keep submitted suggestions confidential or compensate you for using them.

26. Third-Party Services and Links

The Website may use or link to third-party services, including:

Shopify;
Payment processors;
Digital-wallet providers;
Delivery companies;
Social-media platforms;
Analytics providers; and
External websites.

Third-party services are governed by their own terms and privacy policies.

We do not control and are not responsible for third-party websites, services, content, availability or security.

A link does not constitute our endorsement of the third party.

27. Privacy and Personal Data

Our collection, use, disclosure and protection of personal data are governed by our Privacy Policy.

By using the Services, you acknowledge that personal data may be processed by us and by relevant service providers for purposes such as:

Processing orders;
Taking payment;
Arranging delivery;
Preventing fraud;
Providing customer support;
Operating accounts;
Sending communications; and
Improving the Website.

Please review the Privacy Policy before using the Services.

28. Marketing Communications

Where permitted by law and with any required consent, we may send marketing communications concerning products, promotions or updates.

You may unsubscribe using the link in the communication or by contacting us.

Unsubscribing from marketing messages will not prevent us from sending service communications relating to an order, payment, delivery, account or legal matter.

29. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and Services are provided on an “as available” basis.

We do not warrant that:

Access will be continuous or error-free;
All information will always be complete or current;
The Website will meet every user’s requirements;
Product results will be identical for every person; or
Every technical or security issue can be prevented.

This section does not exclude any express product warranty provided by us or any statutory guarantee that cannot legally be excluded.

30. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or any other liability that applicable law requires us to retain.

Subject to that qualification, we will not be liable for:

Indirect, incidental, special or consequential loss;
Loss of profit, revenue, business, opportunity, goodwill or anticipated savings;
Loss caused by your failure to follow product instructions;
Loss arising from unauthorised account access caused by your failure to safeguard credentials;
Customs delays or charges;
Third-party service failures;
Website interruption outside our reasonable control; or
Loss arising from reliance on Website content as medical or professional advice.

Where we are legally liable in connection with a product or order, our aggregate liability will, to the fullest extent permitted by law, not exceed the amount paid for the product or order giving rise to the claim.

31. Indemnity

To the extent permitted by law, you agree to indemnify Elysium Eyewear, Leapfrog Distribution Pte Ltd and their officers, employees, affiliates and service providers against third-party claims, losses and reasonable costs arising from:

Your unlawful use of the Website;
Your breach of these Terms;
Your infringement of another person’s rights; or
Content submitted by you.

This section does not require you to indemnify us for loss caused by our own unlawful conduct.

32. Events Outside Our Control

We are not responsible for delay or failure caused by events outside our reasonable control, including:

Natural disasters;
Epidemics or pandemics;
War, terrorism or civil disorder;
Government action;
Border closures;
Cyberattacks;
Utility or telecommunications failures;
Transport disruption;
Customs action;
Labour disputes; or
Supplier failure caused by such events.

Our obligations will be suspended for the duration of the relevant event.

33. Suspension and Termination

We may suspend or terminate your access to the Services where you:

Breach these Terms;
Engage in fraud or abuse;
Threaten Website security;
Infringe intellectual-property rights; or
Use the Services unlawfully.

Terms that by their nature should continue after termination will remain effective, including provisions relating to intellectual property, liability, indemnity, governing law and disputes.

34. Electronic Communications

You agree that communications relating to the Website or your orders may be provided electronically, including by email, account notification or publication on the Website.

Electronic records and communications may satisfy legal requirements for written communications to the extent permitted by applicable law.

You are responsible for maintaining a valid email address and checking your communications.

35. Notices

Notices to us should be sent to:

Elysium Eyewear
c/o Leapfrog Distribution Pte Ltd
3 Kallang Sector, #06-01
Singapore 349278

Email: elysium.shopify@leapfroglobal.net
Telephone: +65 6547 1611

We may send notices to the email address, billing address or account details you supplied.

36. Complaints and Dispute Resolution

Please provide:

Your name;
Your order number;
A clear description of the issue;
The remedy requested; and
Relevant photographs or supporting records.

Nothing in this section prevents either party from pursuing available legal remedies or consumer-dispute channels.

37. Governing Law

These Terms and any dispute arising from the Website, Services or an order are governed by the laws of Singapore, without regard to conflict-of-law principles.

Subject to any mandatory consumer right to bring proceedings elsewhere, the courts of Singapore will have exclusive jurisdiction.

38. Statutory Consumer Rights

Nothing in these Terms excludes, restricts or modifies any statutory right, guarantee or remedy that cannot legally be excluded, restricted or modified.

Where applicable consumer law provides you with greater protection than these Terms, that law will prevail.

39. Severability

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be modified to the minimum extent necessary or severed.

The remaining provisions will continue in full force.

40. No Waiver

A delay or failure by us to enforce any right does not waive that right.

A waiver is effective only if made expressly and in writing.

41. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent.

We may transfer our rights or obligations to an affiliate, purchaser, successor or service provider as part of a business transfer or restructuring, provided that your mandatory consumer rights are not reduced.

42. Entire Agreement

These Terms, together with our:

Privacy Policy;
Return and Refund Policy;
Shipping or Delivery Policy;
Product-specific terms; and
Any terms presented during checkout,

constitute the entire agreement between you and us concerning the Services and your purchases.

If there is an inconsistency, product-specific or checkout terms will apply to the relevant transaction, followed by the applicable policy and then these Terms, unless applicable law requires otherwise.

43. Contact Information

Questions concerning these Terms may be directed to: