The Lusher Gallery LLC Terms of Use
Welcome to The Lusher Gallery LLC website. This website is provided as a service to our customers. Please review the following terms and conditions of use (the "Terms of Use") carefully before using The Lusher Gallery LLC website. By accessing this website, you agree to follow and be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use this website. We reserve the right to update or modify these Terms of Use at any time without prior notice, and for this reason, we encourage you to review these Terms of Use whenever you use The Lusher Gallery LLC website.
Site Transactions:
We reserve the right to refuse any order you place with us.
Right to Change Site:
We reserve the right, at any time in our sole discretion, to: modify, suspend, or discontinue The Lusher Gallery LLC website including any content, with or without notice.
Errors, Inaccuracies, and Omissions:
We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. Occasionally there may be information on The Lusher Gallery LLC website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on The Lusher Gallery LLC website is inaccurate at any time without prior notice (including after you have submitted your order).
Colors:
We have made every effort to display as accurately as possible the colors of our products that appear on The Lusher Gallery LLC website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Links to Other Websites and Services:
The Lusher Gallery LLC website may contain links to other websites that are not under the control of The Lusher Gallery LLC. The Lusher Gallery LLC has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the The Lusher Gallery LLC website’s users.
Indemnification:
You agree to defend, indemnify, and hold The Lusher Gallery LLC harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the The Lusher Gallery LLC website and/or your breach of any representation, warranty, or other provision of the Agreement.
Privacy and Secure Shopping:
When ordering with The Lusher Gallery LLC, we want our customers to feel confident that their personal information and credit card data is completely safe. We do not store your credit card information in any database. All orders placed on our site using Stripe are encrypted to ensure the complete protection of each transaction. All information transmitted remains secure. We are Payment Card Industry Data Security Standard compliant to further ensure safety and safeguarding of your private information. We do not request sensitive information over phone or email, as it is not encrypted and thus not secure. Please email us at Nicholas@LusherGallery.com and we will be happy to provide additional information or address your concerns.
Payments to the Site:
Thank you for visiting The Lusher Gallery LLC. By purchasing products on the Site, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. When making a purchase through The Lusher Gallery LLC website, you may use a credit card through the services of a third party, Stripe.
Purchases made off the website can be in US or BDA dollars. Local Bermuda-based customers may pay by personal cheque or cash (see below). Overseas customers may pay by Bankers cheque, wire transfer, or money order allowing 10 days or less to clear. Shipping and insurance are generally for the buyers account as is customary in the industry, though sometimes there are exceptions.
Please note most of our inventory is located in Bermuda. Adhering to the industry standard, any additional shipping, packaging, and insurance costs will be incurred by the buyer, unless otherwise agreed upon by both parties.
REGARDING CASH & AML (ANTI-MONEY LAUNDERING)
RECEIVING CASH IN THE USA: Regarding our policy of receiving cash in the USA, please note: 26 U.S.C. 6050I and 31 U.S.C. 533 requires any party who receives cash in excess of $10,000 in the same, or two related, transactions to file a report with the IRS and Financial Crimes Enforcement Network respectively. Both of these laws require the recipient to state the amount of cash, the name of the paying party, the nature of the transaction and date of the transaction. Further, both have a catch-all provision that would allow either the IRS or the Financial Crimes Enforcement Network to ask for more information. IT IS OUR POLICY NEVER TO RECEIVE CASH TOTALING IN EXCESS OF $9,500 FOR THE SAME, OR FOR TWO RELATED, TRANSACTIONS IN THE USA.
RECEIVING CASH IN BERMUDA:
The AML requirements in Bermuda, prescribed by law, apply to “dealers in high-value goods” who, by way of business, intend to receive BD$7,500 or more in a single transaction or series of linked transactions, and require these dealers to register with the Financial Intelligence Agency (FIA).
Any dealer in high value goods in Bermuda, who has not registered with the FIA, is prohibited from accepting cash payments in excess of BD$7,500. This includes a “total cash payment” and includes the cash received from a series of linked transactions.
We are dealers in high-value goods who are not registered with the FIA, and therefore do not take cash in excess of BD$7,000.
INDEED, IT IS OUR POLICY NEVER TO RECEIVE CASH TOTALING IN EXCESS OF BD$7,000 FOR A SINGLE, OR FOR A SERIES OF LINKED, TRANSACTIONS IN BERMUDA.
All of our staff receiving cash payments are aware of these provisions.