(1) DEFINITIONS AND INTERPRETATION
“Conditions” : The terms and conditions contained herein and any amendments from time to time, as published on the Site.
“Personal Data” : Data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Blissful Baby E-Store”, “we“, “our” and “us” : Blissfulbaby E-Store .
“Site” : Both the mobile and web versions of the website located at www.blissfulbaby.com.sg
“you” or “your” : Individuals who are 18 years of age or older, or otherwise under the supervision of a parent or legal guardian.
- The headings in these Conditions are inserted for convenience only and shall not affect the interpretation of these Conditions.
- Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other genders (male, female or neuter).
- Any reference to conduct includes without limitation, an omission, statement or undertaking, whether or not in writing.
(2) ACCESS AND USE OF THE SITE
- If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the services, information and functions made available on the Site or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Site; and (iii) your acceptance and compliance with these Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Site;
- You will not copy or distribute any part of the Site in any medium without our prior written authorisation; and
- You will not use the Site for any purpose that is unlawful or prohibited by these Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Notwithstanding any other rights or restrictions in these Conditions, you may not use the Site to: (i) transmit via or through the Site any information, data, text, images, files, links photographs, graphics, music, sounds, video, livestreams or software except in connection with your authorised use of this Site or otherwise in response to specific requests for information by us, (ii) introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful code, (iii) obtain unauthorised access to any computer system, (iv) impersonate any other person or falsely state or otherwise misrepresent your affiliation with any person or entity, (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity, (vi) misrepresent the identity of a user or use a false e-mail address, (vii) tamper with or obtain access to the Site or any component of the Site, (viii) conduct fraudulent activities, or (ix) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
- Use of Services
- Blissfulbaby.com.sg – an online service platform that facilitates the sale of goods between a buyer (Buyer) and a seller (Vendor) (collectively “you” or “your,” “Users” or “Parties”). The actual sales contract is solely between the Buyer and the Seller. Blissfulbaby is not a party to that or any other transaction between Buyer and Vendor, and assumes no obligations or liabilities under any such contract. The parties to such a transaction will be solely responsible for the sales contract, the listing of products, the warranty of purchase, and other aspects of the transaction. The transaction between the buyer and the seller is not handled by Blissfulbaby. We cannot ensure that Users will actually complete a transaction.
- Use of the Services is restricted to permitted Customers who are of legal age and possess the legal capacity to engage into and form contracts under any applicable legislation. Customers who have violated or are in violation of the terms and conditions set out above, as well as customers who have been permanently or temporarily barred from using any of the Services, may not use the Services, even if they have paid for them.
- Product Description: While we make every effort to give an accurate description of the Products, we cannot guarantee that such description is correct, current, or error-free.
- Product Prices: Unless otherwise noted, all listing prices are subject to taxes. We have the right to change the Listing Prices at any time, for any reason, and without warning.
- Third Party Vendors
Third Party Vendors: You acknowledge that third parties (i.e., Third Party Vendors) list and sell Products on the Platform in addition to Blissfulbaby. It may be specified on the webpage listing a Product whether it is for sale on the Platform by Blissfulbaby or by a Third Party Vendor. To avoid misunderstanding, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be a direct and exclusive agreement between the Third Party Vendor and the Customer. You also acknowledge that Third Party Vendors may pay Blissfulbaby for paid services to promote their Product listings in your Platform search results.
- Links to Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party payment system providers. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve us from any and all liability arising from your access and use of any third party website.
(3) YOUR SUBSCRIPTION CONTRACT BETWEEN YOU & THE COMPANY
3.1. Registration and Passwords
- In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.
- Any access codes and/or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and/or passwords, and will henceforth be solely liable for any use or unauthorised use of the Site with your access codes and/or passwords.
3.2. Formation of a Contract
- The information set out in the Terms and Conditions and the details on this Site do not constitute an offer for sale, but simply an invitation to treat.
- No contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
- To submit an Order, you will be required to follow the online process on the Site.
- A Contract will relate solely to products that are delivered to you. If your Order consists of multiple Products, these Products may be delivered to you in separate packages at separate times.
(4) TERMS AND CONDITIONS OF SALE
- Purchase of Products
- You agree to comply all guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the same, issued by Blissfulbaby (whether as part of your use of the Platform or in relation to the purchase of Products on behalf of Seller) from time to time. Blissfulbaby maintains the right to make modifications to these guidelines, notices, operating rules, policies, and instructions at any time, and you are presumed to be aware of and bound by any such changes upon their posting on the Platform.
- While Seller makes every effort to offer an accurate description of the Products, neither Blissfulbaby nor Seller promises that the description is accurate, current, or error-free.
- “Sellers” are the people who sell products. Blissfulbaby may act as a “Seller” for some products. A party other than Blissfulbaby may be referred to as a “Third Party Vendor” in these Terms & Conditions of Sale for Blissfulbaby. The webpage listing a Product may mention whether it is listed for sale on the Platform by Blissfulbaby or a Third Party Vendor. Individual Customer Contracts (detailed below in Clause c.4) regulate the products offered to you by Sellers.
(c.1) For Products sold by Blissfulbaby, shall be agreements entered into directly and only between Blissfulbaby and you; and
(c.1.1) For Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you.
(c.2) Placing an Order: You may place an Order on the Platform by filling out the Order form and clicking the “Place my Order” button. Orders placed in any other way will be rejected by the Seller. You are responsible for verifying that the Order is accurate.
(c.3) Orders are irrevocable and unconditional: Upon transmission over the Platform, all Orders will be regarded irrevocable and unconditional, and Seller will be allowed (but not obligated) to process such Order(s) without your consent or further reference or notification to you. However, in certain instances, you may request to cancel or change the Order, which Seller will make a commercially reasonable attempt to fulfill. Regardless of the foregoing, Seller is not obligated to comply with any request to cancel or change an Order.
(c.4) Seller’s reserve of rights in relation to Orders: All Orders are subject to Seller’s acceptance in its sole discretion, and each Order accepted by Seller (referred to as a “Customer Contract”) is a separate contract. Seller shall not be a party to any legally enforceable commitments or promises made between Seller and you for the sale or other interactions with the Product(s) unless you receive notice from Seller approving your Order, and Seller shall not be liable for any Losses that may be incurred as a result. To avoid any misunderstanding, Seller maintains the right to refuse to process or accept any Order received from you.
(c.5) Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions set forth therein. Unless specifically forbidden by relevant obligatory law, the warranties and conditions, remedies for breach of warranties or condition, and other terms contained in the Product Warranty take precedence over all other terms, warranties, and conditions, whether expressed or implied, statutory or otherwise. Except as clearly stated in such Product Warranty, Seller disclaims all other express or implied representations, guarantees, or conditions with respect to the Products delivered (unless expressly prohibited by relevant required law).
(c.6) Acknowledgement: You (“The Buyer(s)”) acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement, or representation made by or on behalf of Seller that is not expressly stated in a Customer Contract, or on any descriptions, illustrations, or specifications contained in any document, including any catalogues or publicity material produced by Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability, and exclusion of remedies in these Terms & Conditions of Sale for Blissfulbaby and Customer Contracts allocate risks between the parties and allow Seller to provide the Products at lower fees or prices than Seller could otherwise, and you agree that such liability exclusions are reasonable.
(c.7) No representations or warranties: Without prejudice to the generality of the foregoing Clause (c.7):
(c.7.1) Regardless of whether such purpose or conditions are known or made known to Seller, no condition or warranty is made or to be implied as to the life or wear of the Products supplied, or that they will be fit for any particular purpose or usage under any specific conditions.
(c.7.2) Seller agrees to provide Products exclusively in accordance with the general description under which they were sold, regardless of whether any specific or particular description was supplied or is implied by law. Any such special or particular description must be regarded only as the Seller’s view on the subject. Neither Blissfulbaby nor Seller makes any warranties on the Products’ quality, status, condition, or fitness.
(c.7.3) Blissfulbaby is not responsible for the following measures and actions taken by the Customer or third parties, or the consequences thereof: improper defect remedy, alteration of the Products without Blissfulbaby’s prior consent, addition and insertion of parts, particularly spare parts not supplied by Blissfulbaby.
(c.7.4) Seller will not be liable for any defect caused by unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, excessive load, improper maintenance, unsuitable operating materials, or negligence, replacement materials, shoddy workmanship, an inadequate foundation, chemical, electro-technical/electronic, or electric influences, the Customer’s or third parties’ failure to follow Blissfulbaby’s instructions (whether oral or written), misuse, alteration, or repair of the Products without Blissfulbaby’s approval
(c.7.5) Seller is not liable for any Losses incurred by a third party as a result of repairs or remedial work performed without Blissfulbaby’s prior written approval, and the Customer agrees to indemnify Seller against all Losses resulting from such claims.
(c.7.6) If the complete sum for the Products is not paid in cleared funds by the due date for payment, Seller will not be liable under the aforementioned warranty (or any other warranty, condition, or guarantee).
(c.7.7) Seller will have no obligation for any defect in the Products that arises after the applicable Product Warranty has expired, if any.
(c.7.8) The Customer shall not remove or change the trade marks, trademarks, copyright notices, serial numbers, labels, tags, or other identifying marks, symbols, or legends affixed to any Products unless Blissfulbaby has given its prior written authorization.
(c.7.9) When Seller provides the Customer with software applications, drivers, or other computer programs, and/or all other design details, technical handbooks or manuals, drawings, or other data (collectively referred to as “Product Materials”) in connection with the Order, the Product Materials must be used and retained in strict conformity with the terms and conditions of license or usage (such as end-user licenses, restrictions, or conditions of use) as may be specified by Seller or its licensors, and must not be used otherwise.
(c.7.10) The Customer accepts and acknowledges that the Product Materials remain the property of Seller or its licensors. Customer further acknowledges that all Intellectual Property inherent in or pertaining to the Product Materials will be the sole and exclusive property of Seller or its licensors. Unless otherwise specified in the Order or with Blissfulbaby prior written consent, the Customer agrees to return the Product Materials and/or any copies thereof upon Blissfulbaby request.
- Delivery of Products
- Address: The Products will be delivered to the address you mention in your Order, either by Seller or by Blissfulbaby (or its agents) on behalf of Seller.
- Delivery & packing charges: The charges for delivery and packing will be specified in the Order.
- Delivery timeframe: You acknowledge that delivery of the Products is contingent on their availability. While Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, you acknowledge that while stock information on the Platform is updated on a regular basis, it is possible that a Product may become unavailable in the interim. All delivery times are estimates only, and there may be delays. If your Product’s delivery is delayed, Seller will notify you via e-mail, and your Product will be shipped as soon as it is accessible to Seller. The time for delivery shall not be of the essence, and neither the Seller nor any of its agents shall be liable for any delay in delivery, regardless of the cause.
- Receipt deemed: If you do not receive the Product by the projected delivery date and notify Blissfulbaby within 3 days of that date, Seller shall attempt to find and deliver the Product to the best of Seller’s ability. You will be considered to have received the Product if Blissfulbaby does not hear from you within 3 days of the scheduled delivery date.
- Failure of the customer to accept delivery: If the Customer fails to accept delivery of the Products (other than due to a cause beyond the Customer’s reasonable control or due to Seller’s negligence), Seller may cancel the Customer Contract without prejudice to any other right or remedy available to Seller.
- Unattended Delivery: As a “Unattended Delivery,” Blissfulbaby allows you to have your Products left at the Customer’s doorstep or as otherwise directed by the Customer. Please keep in mind that Unattended Delivery is not available for some orders. While Blissfulbaby strives to honor the Customer’s preferences wherever possible, Blissfulbaby (or our agents) cannot promise that they will be able to comply with these instructions in all circumstances. If no one is accessible to accept the Products, Blissfulbaby (or our agents) will leave the Customer’s Products unattended on or in front of the Customer’s premises, or as instructed. When the Customer instructs Blissfulbaby (or our agents) to leave the Customer’s Products outside the door, or as instructed by the Customer, of the specified delivery address, such delivery is made at the Customer’s sole risk, and the Customer assumes all liability and risk of loss, theft, and damage.
4.3 Prices of Products
- The Listing Price at the time the Customer’s Order is submitted to Seller shall be the price of the Products payable by the Customer (through the Blissfulbaby Platform)
- Unless otherwise noted, all listing prices are subject to taxes. The Seller reserves the right to change the Listing Prices at any time, for any reason, and without warning.
- You may pay for the Product using any of Blissfulbaby’s approved payment methods from time to time. When you place an Order, the actual payment will be charged only if the Seller accepts your Order and forms a Customer Contract with you. All payments must be made to Blissfulbaby, which will either receive payment on its own or act as the Seller’s agent (where Seller is a Third Party Vendor). You agree that Blissfulbaby has the authority to collect payments on behalf of Third Party Vendors from you.
- Additional terms may be imposed by Blissfulbaby from time to time on the payment methods.
- Payment Methods: You acknowledge that you are bound by the terms of your payment method’s user agreement. You have no right to make a claim against Seller or any of its agents (including Blissfulbaby) for any failure, disruption, or error related to your selected payment method. Blissfulbaby retains the right to change or cancel any payment option at any moment, for any reason, without prior notification or explanation.
- Failure to pay: If the Customer fails to make any payment in accordance with the terms and conditions of the payment method selected, or if payment is cancelled for any reason, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full, without prejudice to any other right or remedy available to Seller.
- Refund of Payment:
(e.1) Except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us, all refunds will be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed.
(e.2) We offer no guarantees about the time it takes for refunds to reach your account. Payment processing may take some time, depending on the internal processing timelines of the respective banks and/or payment providers.
(e.3) We will be responsible for all charges related with the refund process imposed by the processing bank and/or payment provider.
(e.4) All refunds are contingent on the Product being returned in good condition.
(e.5) We retain the right to change the refund processing mechanism at any moment and without prior notification.
- All returns must be completed in accordance with the guidelines outlined in the Blissfulbaby Returns Policy. Customer can start the returns procedure by contacting Seller or Blissfulbaby via the Platform, as appropriate. Seller and Blissfulbaby are not obligated to accept any return unless all of the above guidelines are fulfilled to Seller’s and Blissfulbaby’s satisfaction. Customer accepts that if such instructions are not carefully followed, a return may be denied. Seller or Blissfulbaby may (as applicable and at their discretion) grant Customer remedies as set out in Clause c in the event of a legitimate return. Blissfulbaby reserves the right, in its sole discretion, to reject any claims for refunds, returns, or replacements, including without limitation, if it believes or suspects that a transaction is fraudulent.
- Permitted Returns: You may return a Product, subject to Clause a, within 7 days after the Product’s delivery date if you:
(b.1) Receive a product that is fundamentally different from the Product described in the Customer Contract; or receive a product that is fundamentally different from the Product specified in the Customer Contract.
(b.2) Receive a faulty or damaged product, receive a product that is fundamentally different from the Product stated in the Customer Contract.
- Refunds, repairs, replacements, or price reductions are all options. Seller or Blissfulbaby may, at its sole discretion, provide the following remedies for Products that qualify for a legitimate return
- Refunds: Customer may be offered a partial or full refund of the price paid for the non-conforming Product by Seller or Blissfulbaby.
- Repairs: Customer may be offered a repair of the non-conforming Product by Seller or Blissfulbaby.
- Replacements: In place of the non-conforming Product, Seller or Blissfulbaby may offer the Customer a replacement Product.
- If the Customer chooses to accept a repair or replacement and the Seller fails to do so within a reasonable time, Blissfulbaby may offer a price reduction in proportion to the reduced value of the Products, the amount of which will be determined at its sole discretion. Customer has no further claim against the Seller for the non-conforming Product after accepting a remedy from the Seller or Blissfulbaby as set out above.
- Return of Non-conforming Products: The non-conforming Products or components thereof shall become Seller’s property when Seller or Blissfulbaby has provided new Products or given the Customer a full refund. At its sole discretion, Seller or Blissfulbaby may request that any such non-conforming Products be returned to Seller or Blissfulbaby at Customer’s cost.
- Cancellation by You: You may cancel the Customer Contract by submitting a written notice to Blissfulbaby through our Contact Us page at Blissfulbaby Contact Page before Seller dispatches the Products under such Customer Contract. You may not cancel the Customer Contract if the Products have already been dispatched; however, you may return the Products in line with Clause 4.5.
- Cancellation by Seller: Without limiting any other right of termination provided elsewhere in these Terms & Conditions of Sale for Blissfulbaby, Seller, or Blissfulbaby acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer, and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or after the occurrence of any of the following events:
(b.1) For whatever reason, the Products covered by the Customer Contract are unavailable.
(b.2) The Customer’s failure to comply with a contractual requirement.
(b.3) The Customer approving a resolution for its winding up or dissolution, or a court of competent jurisdiction ordering the Customer’s winding up or dissolution.
(b.4) The entry of an administration order against the Customer, or the appointment of a receiver or encumbrancer over any of the Customer’s assets, or the sale of any of the Customer’s assets.
(b.5) The Customer reaching an agreement or composition with its creditors in general, or seeking protection from its creditors from a court of competent jurisdiction.
- Seller maintains the right to terminate the Customer Contract if a Product is mispriced on the Platform, in which case Blissfulbaby will notify you of the termination in writing on behalf of Seller. Whether or not Products have been sent or are in transit, and whether or not payment has been charged to you, Seller shall have the right to terminate such Customer Contract.
- Risk and Property of the Goods
- The risk of damage or loss to the Goods passes to the Buyer at the time of delivery or, if the Buyer fails to accept delivery of the Goods for any reason, at the time Blissfulbaby has tendered delivery of the Goods.
- Regardless of delivery and the passing of risk in the Goods, or any other provision of these Conditions, property in the Goods does not pass to the Buyer until Blissfulbaby receives payment in full of the price of the Goods and all other goods agreed to be sold by Blissfulbaby to the Buyer for which payment is then due in cash or cleared funds.
- The Buyer agrees to notify Blissfulbaby immediately of any situation affecting Blissfulbaby title to the Goods that arises from time to time, and the Buyer agrees to supply Blissfulbaby with any information relating to the Goods that Blissfulbaby may demand from time to time.
- Until the Buyer acquires title to the Goods, the Seller retains ownership of the Goods (and provided the Goods are still in existence and have not been resold) Blissfulbaby reserves the right to demand that the Buyer deliver up the Goods to Blissfulbaby at any time, and in the event of non-compliance, Blissfulbaby reserves the right to take legal action against the Buyer for the delivery up of the Goods, as well as seek damages and all other costs, including but not limited to legal fees.
- The Buyer shall not be entitled to pledge or in any way charge any of the Goods which remain the property of Blissfulbaby as security for any indebtedness, but if the Buyer does so, all moneys owing by the Buyer to Blissfulbaby shall forthwith become due and payable (without prejudice to any other right or remedy of Blissfulbaby).
- If the provisions of this Condition 4.7 are not effective under the laws of the country where the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all necessary steps to give effect to the same.
- Blissfulbaby shall be indemnified by the Buyer for all loss damages, charges, expenses, and legal fees incurred by the Buyer in connection with the claim and enforcement of Blissfulbaby rights under this condition.
(5) CHANGES TO THE SITE
We may alter, suspend, or discontinue this Site 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 of or access to all or part of the Site for any reason, including without limitation, breach of these Conditions. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
(6) TRANSACTIONS CONCLUDED THROUGH THE SITE
Contracts for the supply of goods, services or products (including any ticket, pass, credential or other document or general or specific authorisation granted by Blissfulbaby E-Store) formed through the Site or as a result of visits made by you to the Site are governed by the specific terms and conditions of supply for that good, service or product, as highlighted to you prior to any contract being formed.
(7) LIMITATION OF LIABILITY
7.1 No Representations or Warranties
The Site, its content, services and all text, images, merchandise and other information provided herein are provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and validity of any content or material on the Site, (b) that the functions contained on the Site will be secure, uninterrupted or free of errors, (c) that any defects will be corrected, or (d) that the Site or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
7.2 No Liability for Indirect or Consequential Losses
To the maximum extent permitted under applicable law, we shall not be liable to any user of the Site or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Site or any materials posted therein, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
7.3 Third Party Service Providers
You acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any transactions or contracts concluded by you for the supply of goods or services formed through the Site is processed by third party payment system providers and we do not retain or process any such payment information. We cannot guarantee the security of such third party payment system(s) or any payment data on the Site. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
7.4 Liability Implied by Law
For the avoidance of doubt, nothing in this Condition 6 excludes, restricts or modifies any condition, warranty, right or liability implied into these Conditions where to do so is illegal or would render any provision hereof void.
By using and/or accessing the Site, you agree to indemnify, hold harmless and defend us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to attorneys’ fees, arising directly or indirectly from your access of and/or use of this Site, including without limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Conditions and any breaches of your obligations under these Conditions.
(9) INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in and to the content on the Site, and in the material published on it are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce these intellectual property rights to the fullest extent of the law.
The Customer may not remove or change any trade brands, trademarks, copyright notices, serial numbers, labels, tags, or other identifying marks, symbols, or legends affixed to any Products unless Blissfulbaby has given its prior written authorization.
9.2 Restricted Use
You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
We may at any time in our sole discretion amend or vary any provision of these Conditions by publication on the Site. If you do not consent to such variation or amendment, you should not use or access the Site. If, following such amendment or variation, you continue to use or access the Site, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby.
- Your Information and Submission
Any submissions you make to the Platform and/or supply to us, including but not limited to questions, reviews, comments, and recommendations (collectively, “Submissions”), grant us a non-exclusive license to utilize the materials and information you submit to the Platform and/or provide to us. When you submit comments or reviews to the Platform, you also grant us permission to use your name or Username in connection with such review, remark, or other content. You shall not use a false e-mail address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any Submissions. Your Submissions may be published, removed, or edited by us, but we are not bound to do so.
Consent to Receive Emails: You agree and authorize us to use any information you give (including Personal Data) for the purpose of sending you informational and promotional e-mails. Your agreement to the terms of this Clause 8.2 constitutes your permission for the purposes of applicable spam control legislation (whether in Singapore or elsewhere). By clicking on the proper URL in any promotional e-mail, you can later opt out of receiving promotional e-mails.
10.2 Correction of Errors
There may be information on the Site 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 if any information on the Site is inaccurate at any time without prior notice.
10.3 Illegality and Severability
Each of the provisions of these Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Conditions but the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby.
10.4 Governing Law
These Conditions shall be governed by, and construed in accordance with, the laws of Singapore, and you hereby submit to the exclusive jurisdiction of the courts of Singapore.
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- Establishing usage statistics.
11.2. Most internet browsers provide you the option of turning off the processing of cookies, but this may result in the loss of functionality, restrict your use of the website and/or delay or affect the way in which it operates
11.3. Advertisements on the Blissfulbaby E-Store website may be provided by third party advertisers and their agencies. These may generate cookies to track how many people have seen a particular advertisement (or use the services of third parties to do this), and to track how many people have seen it more than once. We do not control these third parties and their cookie policies and if you have questions about their cookie policies, please contact us and we will try our best to assist you by providing information about these third party advertising agencies.
11.4. We are not responsible for the Personal Data policies (including Personal Data protection and cookies), content or security of any third party websites linked to the Blissfulbaby website
DATA PROTECTION NOTICE
This Data Protection Notice (“Notice”) sets out the basis which [Blissfulbaby E-Store] (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.
(12) PERSONAL DATA
12.1. As used in this Notice: “customer” means an individual who
- has contacted us through any means to find out more about any goods or services we provide, or
- may, or has, entered into a contract with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
12.2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.
12.3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
(13) COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
13.1. We generally do not collect your personal data unless
- it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or
- collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
13.2. We may collect and use your personal data for any or all of the following purposes:
- performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
- verifying your identity;
- responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
- managing your relationship with us;
- processing payment or credit transactions;
- sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
- complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
- any other purposes for which you have provided the information;
- transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
- any other incidental business purposes related to or in connection with the above.
13.3. We may disclose your personal data:
- where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
- to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 6 above for us.
13.4. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
(14) WITHDRAWING YOUR CONSENT
14.1. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email.
14.2. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
14.3. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 9 above.
14.4. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
(15) ACCESS TO AND CORRECTION OF PERSONAL DATA
15.1. If you wish to make
- an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or
- a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
15.2. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
15.3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons
(16) PROTECTION OF PERSONAL DATA
16.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
16.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
(17) ACCURACY OF PERSONAL DATA
17.1. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing us in writing or via email.
(18) RETENTION OF PERSONAL DATA
18.1. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
18.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
(19) TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE
19.1. We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
(20) EFFECT OF NOTICE AND CHANGES TO NOTICE
20.1. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
20.2. We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
ACKNOWLEDGEMENT AND CONSENT
I would like to receive information about the goods and services which may be provided by [Blissfulbaby E-Store], including (but not limited to) offers, promotions and information about new goods and services, via the following channels: □ newsletter □ email □ text message □ telephone call