1. This Agreement contains the terms and conditions that govern your use of the website www.VacantLabel.com (the “Site”) and govern your relations with Peirce Hill Investments Pte Ltd (UEN No 200311914K), a company incorporated in Singapore (the “Company”). The terms of this Agreement include the terms hereof as well as all the terms, conditions and policies including (but without limitation) legal statements, privacy provisions made by the Company all of which are incorporated herein by reference. In addition, when you use any current or future services of the Company or visit or purchase from any third party vendors (the "Merchant"), you will also be subject to the guidelines and conditions applicable to such service or Merchant, whether or not included in the Site. If these terms are inconsistent with such guidelines and conditions, such guidelines and conditions shall prevail. By placing an order, you make an offer to purchase products (“Products”) you have selected based on the terms herein, all the terms, conditions and policies including (but without limitation) legal statements, privacy provisions made by the Company and on the Merchant's guidelines and conditions (collectively, the "Terms").
2. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. The Company reserves the right to make changes to the Site and to these Terms from time to time. Changes will be posted on the Site and shall take effect when posted on the Site. For this reason, you should review these Terms whenever you use the Site because by visiting the Site, you agree to accept any such changes.
3. The Company grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here solely for your personal, non-commercial use.
4. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. The Company does not warrant that the provision of the Site, the services or any part of them will be available, uninterrupted or error free, that defects in the Site will be corrected, or that the Site will be free from viruses or other harmful components. The Company will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses) which you may incur as a result of any viruses or other technologically harmful material infecting your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it, or as a result of the Site or any part of it being unavailable at any time for whatever reason. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. The Company reserves the right to refuse service, terminate accounts, or remove or edit content at the Company's sole discretion.
5. To place an order, you may be required to register and create an account on the Site. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
6. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.
7. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
TERMS OF SALE
8. In order to contract with the Company, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to the Company. The Company retains the right to refuse any orders made by you, and the right to close your account at its sole discretion. When placing an order you undertake that all details provided to the Company are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products. Upon receiving your order the Company will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorisation check has been completed and your credit or debit card has been charged.
9. By placing an order you are offering to purchase a Product on and subject to the Terms. All orders are subject to availability and confirmation of the order price. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and the Company for the purchase of the Product(s) will not be formed until your payment has been approved and your credit or debit card has been charged. All contracts are made subject to availability and confirmation of the order price.
10. Whilst the Company endeavours to ensure that all content including prices which appear on the Site are accurate and promptly updated, inaccuracies or errors may occur. If the Company discovers an inaccuracy or error in the price of or in the information relating to any Products in your order (whether before or after your credit or debit card has been charged), the Company will contact you using the contact details provided by you at the time of placing the order and give you the option of reconfirming your order at the correct price or based on the correct information or cancelling the order. If the Company is unable to contact you for your re-confirmation, you agree that the order is to be treated as cancelled. If the order for the Product is cancelled after your credit or debit card has been charged, you will receive a full refund. The Company reserves the right to refuse to fill any orders that you may place based on information on the Site that may contain inaccuracies or errors, including, without limitation, inaccuracies, errors or out-of-date information regarding pricing, shipping, payment terms or return policies.
11. There may be certain orders that the Company is unable to accept and must cancel. The Company further reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. The Company may also require additional verification or information before accepting any order. The Company will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit or debit card has been charged, you will receive a full refund.
12. If you wish to request for a cancellation of your order, please contact the Company’s Customer Service Team by emailing to email@example.com. Once an order has been dispatched, it may not be cancelled and the Product must be returned to the Company in accordance with the terms stated in the Return and Refund Policy. The Company’s decision as to whether an order has been dispatched is final and you agree not to dispute the decision made by the Company.
13. Unless otherwise provided, you will be required to pay for delivery charges, which will be charged as a separate item in addition to the price of the Product. In addition, you will be required to pay for customs charges such as duty, taxes and Value Added Tax (VAT) if these are added to an order by the Customs Department of the destination country. We are unable to determine which parcels will be assessed and whether additional customs charges are applicable.
14. In the event that the Company is unable to arrange for delivery of your order to your requested location, the Company will contact you using the contact details provided by you at the time of placing the order and give you the option of reconfirming your order with delivery to an alternative delivery address or cancelling the order. If the Company is unable to contact you for your re-confirmation, you agree that the order is to be treated as cancelled. If the order for the Product is cancelled after your credit or debit card has been charged, you will receive a full refund.
15. Subject to availability and confirmation of the order price, the Company shall endeavour but do not guarantee delivery of the Products to you within 7 calendar days from the date your credit or debit card is charged. The Company works with different Merchants and the delivery time to you is subject to delivery of Products from the Merchant. Dispatch times may also vary according to availability of products. The Company shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
16. The Company reserves the right to make delivery of the Products by instalments. If the Products are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if the Company fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
17. If you fail to take delivery of the Products, the Company may at its discretion and at such time(s) as the Company may decide (without affecting any other right or remedy available to the Company) do either or both of the following:
(a) charge you for any costs including storage fees and costs relating to additional attempts at delivery, if any reasonably incurred by the Company pending your taking delivery; or
(b) no longer make the Product available for delivery or collection and notify you that the Company is immediately cancelling your order, in which case the Company will refund to your credit or debit card company as applicable, any money already paid to the Company, less the Company’s reasonable administrative charges including costs relating to additional attempts at delivery, if any, the return the Product(s) to the Merchant(s), and any storage fees as provided for in clause 17 (a) above.
18. You undertake not to :
(a) post any information which is incomplete, false, inaccurate or not your own;
(b) engage in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any local or international law or regulation, or that would fail to comply with accepted Internet protocol including but not limited to transmitting or distributing computer viruses, worms, or other harmful files or post any other material which is malicious, harmful, in breach of confidence or in any way offensive or obscene;
(c) post material that infringes on any other intellectual property, privacy or publicity right of another;
(d) interfere or attempt to interfere in any way with the Site’s or the Company's networks or network security;
(e) rent, lease, loan, sell, distribute, modify, translate, reverse engineer, decompile, disassemble or create derivative works of the content, features or materials on the Site, in whole or in part;
(f) post any material which may cause annoyance to other users including but not limited to unsolicited advertising or promotional material.
19. The Company will report any such breach of Clause 26 to the relevant law enforcement authorities and disclose your identity to them.
20. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. The Company is under no obligation to review any messages, information or content posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, the Company may from time to time monitor the postings on the Site and may decline to accept and/or remove any email or postings that violate the provisions of these Terms.
22. All intellectual property rights and goodwill in or relating to the services and the contents of the Site, including but not limited to the text, graphics, logos, lay out, button icons, images, operating software and in the name, form, arrangement and design of the Site belong to the Company or the Company’s third party licensors, unless otherwise stated. These intellectual property rights are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. The Company or the Company’s third party licensors are the owners of the registered or unregistered trademark, trade name and/or service mark appearing on the Site. No licence or consent is granted to you to use these marks in any way and you agree not to use these marks or any marks which are similar without the written permission of the Company.
23. Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Site are in no way associated, linked or affiliated with the Company. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
DISCLAIMER AND LIMITATION OF LIABILITY
24. All content, products, and services on the Site, or obtained from a website to which the Site is linked (a "Linked Site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security and accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by the Company. Any claim in relation to the same should be raised against respective manufacturer/supplier and not against the Company in any case whatsoever. The Company does not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than the Company, (b) any content provided on Linked Sites or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by a user's reliance on information obtained through the Site or a Linked Site, or user's reliance on any product or service obtained from a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
25. The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Company and its Merchants, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Company's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
26. The Company shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond the Company's reasonable control, including without limitation:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
27. In the circumstance that the Force Majeure event lasts for more than 3 weeks, either you or the Company may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
28. Subject to Clause 26 herein, you may link to the Company's home page, provided that in doing so, you do not damage or take advantage of the Company's reputation or suggest any form of association, approval or endorsement on the Company's part where none exists. You must not establish a link from any website that is not owned by you. The Company reserves the right to withdraw linking permission without notice.
29. You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, affiliates and Merchants, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site and your breach of the Terms and in particular those listed in Clause 26 herein.
30. If any provision of the Terms is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other provision of the Terms will not be affected and all other clauses shall remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
31. If you have any questions or concerns about the product, the service, the Site or the Terms, please contact the Company’s Customer Service Team by one of the options below :
via email (firstname.lastname@example.org)
via Facebook www.facebook.com/VacantLabel
via post to Vacant Label Pte Ltd, My Singpost Box No. 884460, Singapore 919191.
Your feedback is important to the Company.
32. The failure on the part of the Company to exercise or enforce any right conferred upon it by these Terms shall not be deemed to be a waiver of any such right or operate so as to prevent the exercise or enforcement of any right conferred upon the Company by these Terms at any time or times thereafter.
GOVERNING LAW AND JURISTDICTION
33. The Terms shall be governed by, and construed, in accordance with, the laws of Singapore and all disputes shall be submitted to the non-exclusive jurisdiction of the courts of Singapore.
TERMS AND CONDITIONS
34. The Terms constitute the entire understanding and agreement of the parties relating to the subject matter of the Terms and supersedes, cancels and replaces all prior agreements between the parties which relate to the same subject matter. Any waiver of any provision of the Terms shall be effective only if made in writing and signed by a director of the Company.
ETHICAL SOURCING POLICY
As a reputable and trusted business committed to offering its customers high quality products, the Company recognizes its obligation to ensure that its Merchants are operating ethically.
The Company expect our Merchants to consistently provide an environment which protects their employees' health and safety and basic human rights. All Merchants are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment
The Company will never knowingly source stock from countries which are in breach of the above principles. The Company also look to its Merchants to instil these principles when dealing with their own supplier base. Because of the nature of the Company's Merchants' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as the Company continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of the products sold.