The Parties to this Agreement are us, FabLife Pte. Ltd., (UEN 201808935G)(“FABLIFE”), and you, the “Customer” (collectively, the “Parties” and each, a “Party”).
In this Agreement, the “Site” refers to https://www.fablife.style.2. DEFINITIONS
2.1 Whenever used in this Agreement, the following terms shall have the following meanings respectively, unless otherwise specified:
"Account" means the FABLIFE Account that you will need to register for on the Site if you would like to submit an Order on the Site;
"Business Day" means a day other than a Saturday or Sunday, or a public holiday in Singapore;
"Contract" means your Order in accordance with the Terms and Conditions herein which FABLIFE has accepted in accordance with Clause 6.3;
"Customer" means you, the individual who places an Order on the Site;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with Clause 6.4; and
“Product” any product or service made available by FABLIFE for sale through the Site
2.2 Words and phrases with initial letters capitalized are defined terms, and if not defined under Clause 2.1, shall have the meanings set out under the Clauses in which they are used.
2.3 Unless the context otherwise requires:
(a) words importing the singular number include the plural number, and vice versa and words importing a gender include every gender;
(b) the words “hereof”, “herein”, “hereon” and “hereunder” and words of a similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(c) the headings to the Clauses hereof shall not be deemed to be a part thereof or be taken in consideration in the interpretation or construction thereof or of this Agreement;
(d) references herein to Clauses, Appendices (if any) and Schedules (if any) are references to Clauses of and Appendices and Schedules to this Agreement;
(e) references herein to documents include variations and replacements thereof and supplements thereto;
(f) references herein to statutes and other legislation include re-enactments and amendments thereof and include any subordinate legislation made under any such statute;
(g) references herein to a party include its permitted assigns and transferees, and its successors-in-title and personal representatives; and
(h) references to "includes" or "including" or like words or expressions shall mean without limitation.3. MINIMUM AGE TO USE SITE
To place an Order with FABLIFE you must be 18 years of age or above. If you are underaged, you may place an Order with this Site only with the involvement of a parent or guardian.4. PROHIBITIONS
4.1 You undertake that you will use the Site in accordance with this Agreement and only for legal transactions which are within the contemplated scope of activities of the Site.
4.2 In addition, you undertake that
(a) you will not attempt to tamper in any way with the functions, features, facilities or capabilities of the Site;
(b) you will not place any material or matter in the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information including but not limited to viruses, trojan horses, worms or other adverse programming processes. Without prejudice to the generality of the foregoing, you undertake that you will not do or attempt to do any act which shall constitute an offence under the Computer Misuse & Cybersecurity Act (Cap. 50A) or any statute analogous to the above in any part of the world;
(c) you will not do any act or thing which will directly or indirectly impose an unreasonable or disproportionately large load on the Site or will lead to a system crash, disruption or in a full or partial denial of access or service;
(d) you will not engage in any surveys, or the exchange or transmission of chain letters, or the posting, publishing or transmission of junk information, data or mail or spam, or in the unsolicited distribution of information or data, or amassing or harvesting of information or data;
(e) you will not directly or indirectly publish or cause to be published or posted on or through the Site any information, data or content, or do any act or thing on or relating to or having impact on the Site, which (i) infringes or is likely to infringe upon the intellectual property or other rights (including the moral rights) of any person; (ii) is in breach of the laws of any territory, or is likely to encourage crime, public violence or disorder or incite hatred, or which incites discrimination against any group of persons by reference to any colour, race, sex, origin (including ethnic origin) or nationality, or is of a menacing character; (iii) is intended to achieve any unlawful or illegal purpose, or which involves any wrongful collusion or conspiracy, or any unfair or deceptive trade practices, or price manipulation or inflation, or which gives rise to supply and purchase transactions which are not made on arm’s length terms; (iv) is contrary to the rules of any internet code or policies applicable to the Site; (v) is defamatory, libellous or will or is likely to give rise to an action in tort or civil liability or any other legal claim by any person against you and/or FABLIFE, or is in contempt of any court or other legal proceedings; (vi) is obscene, indecent, vulgar, offensive, pornographic or of doubtful propriety, or contains sexually explicit or any indecent or immoral content, or is unsuitable for viewing by minors, or is likely to cause disrepute to the Site; (vii) denounces religious or political beliefs or contain religious or political materials which is or is likely to be offensive or liable to give rise to any adverse reaction; (viii) which may damage, detrimentally interfere with, surreptitiously intercepts or expropriates any system, data or information; and (ix) involves any disparaging or prejudicial comments as to any Product for the time being offered for sale on the Site.
4.3 FABLIFE will not have any liability to you for breach by any other user of the Site, and is not required to monitor or enforce performance of and compliance with the terms and conditions thereof by such other users.5. ENTIRE AGREEMENT
5.1 This Agreement shall apply to all Orders made for the sale and supply of Products and constitutes the entire agreement between you and FABLIFE on the subject, superseding any and all preceding and contemporaneous agreements between us. Any waiver of any provisions hereof will only be effective if in writing and signed by an authorised signatory of FABLIFE.
5.2 You acknowledge that, in entering into this Agreement, you have not relied on any representation, undertaking or promise given by FABLIFE or any of its officers; staff or agents, or implied from anything said or written.6. TERMS OF SALE
6.2 You shall not create multiple user accounts.
6.3 The information set out in the Site does not constitute an offer for sale but rather an invitation to treat.
Save for the terms of this Agreement, no contract in respect of any Product shall exist between you and FABLIFE until FABLIFE has delivered the Product to your address.
An Order is only considered accepted by us when your Order is being delivered to the delivery address provided by you, upon which a Contract relating to the relevant Product(s) will arise.
A Contract relates only to Products which are delivered to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
Where applicable, prices are inclusive of GST and are in Singapore Dollars. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
6.4 To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order. For the avoidance of doubt, the Order Confirmation does not constitute a Contract for sale or purchase of the relevant Product(s).
6.5 FABLIFE shall use reasonable efforts to ensure that all details, descriptions and prices which appear on the Site are accurate. However, there may be instances of errors. If it discovers an error in the price of any Product which you have ordered, it will inform you of this as soon as such error is discovered by it, and will give you the option of either reconfirming your Order at the correct price or cancelling the Order. If FABLIFE is, for any reason, unable to contact you within a time which is reasonable in its opinion, it will treat the Order as cancelled. If you cancel your Order before it is delivered to you, and you have already paid for your Order, you will receive a full refund.
6.6 FABLIFE is under no obligation to fulfil your Order if the price(s) or any other information listed on the Site is incorrect, even after your Order has been acknowledged by us and/or in an Order Confirmation has been issued to you.
6.7 You can pay using any of the payment methods listed on the Site, and shall comply with the terms and conditions for each of the methods you elect to use.
6.8 FABLIFE reserves the right to withdraw any Product(s) from the Site at any time and/or remove or edit any materials or content on the Site, sometimes even after it has sent you an Order Confirmation. If FABLIFE cancels your Order after you have already made payment for your Order, the payment amounts will be refunded to you.
6.9 For the avoidance of doubt, you irrevocably acknowledge that FABLIFE will not be liable to you or any other third party by reason of its withdrawal of any Product(s) from the Site.7. DELIVERY
7.1 FABLIFE aims but does not undertake to deliver the Product(s) in your Order to you at the place of delivery requested by you in your Order and the delivery time indicated by at the time of your order checkout as updated in the Order Confirmation. All times of delivery are merely estimates and shall not be of the essence of this Agreement. FABLIFE shall not be liable to you or any third party for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.2 Products will be delivered in standard packaging.
7.3 All risks in the Product(s) shall pass to you upon the commencement of dispatch, except that, where delivery is delayed due to a breach of your obligations herein, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, FABLIFE will not be liable for loss or damage to the Product(s).
7.4 If delivery or collection is delayed through your refusal or inability to accept delivery or if you do not (within two weeks of the first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, FABLIFE may, without prejudice to any other right or remedy available to it, do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by it; and/or
(b) no longer make the Product(s) available for delivery or collection by you.
7.5 If you wish to cancel any Order please contact FABLIFE in writing. Once an Order has been dispatched it may not be cancelled.8. FAULTY PRODUCTS
8.1 All Product descriptions, information and materials posted on the Site are provided ‘as is’ and without express or implied warranties howsoever arising.
8.2 The images of a Product as seen on the Site may differ from the actual Product that you receive.
8.3 If the item you receive is faulty, please contact FABLIFE in writing and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement. In such instances, you undertake to be able to provide the documents delivered with the Product, upon request.
8.4 Upon receipt of the returned Product(s), FABLIFE will examine it and will advise you on your right to a replacement or refund (if any) via email as soon as practicable. Such determinations made by FABLIFE at its reasonable discretion are final.
8.5 In the event the Product returned is not faulty, FABLIFE may at its discretion decide not to repair, replace or refund you for the Product and/or may require you to pay all reasonable carriage costs and servicing costs at current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided when you made your Order, and, to the extent permitted by law, FABLIFE shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.9. DISCLAIMER OF LIABILITY
9.1 The content displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, FABLIFE and its suppliers, 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 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. FABLIFE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FABLIFE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FABLIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FABLIFE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FABLIFE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
9.3 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
9.4 FABLIFE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9.5 If, notwithstanding the other provisions of this Agreement, FABLIFE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, FABLIFE’s liability shall in no event exceed the greater of (1) the total price you have paid for any Product(s) purchased from the Site in the past month, or (2) S$100.00.10. INDEMNITY
You agree to indemnify, defend, hold harmless FABLIFE, its directors, officers, employees, consultants, agents, and affiliates, 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 or your breach of this Agreement.
11. GUARANTEE AND COMPLAINTS MANAGEMENT
11.1 FABLIFE shall perform its obligations under this Agreement with reasonable skill and care.
11.2 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that was assigned to you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach FABLIFE, or correspondence that FABLIFE sends to you may otherwise not have reached you. Should you not have received any response from FABLIFE within five (5) Business Days, please make further enquiries.
12. PERSONAL DATA PROTECTION
13. FORCE MAJEURE
13.1 FABLIFE shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond its reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial actions;
(b) Civil commotions, riots, invasions, terrorist attacks or threat of terrorist attacks, wars (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; or
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
13.2 Should any Force Majeure event last for more than one week, either you or FABLIFE 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.
13.3 If FABLIFE had Contracted to provide identical or similar Products to more than one Customer and is prevented from fully meeting its obligations by reason of a Force Majeure event, it may decide at its absolute discretion which Contracts it will perform and to what extent.
14.1 FABLIFE reserves the right to amend the terms herein at any time. All amendments to this Agreement will be posted online. Continued use of the Site will be deemed to constitute acceptance of the new terms.
14.2 Any notice under a Contract shall be given in writing through either letter or email to the relevant Party at the address or email address last known to the other.
- Notices given by post shall be deemed to have been served with 2 Business Days of being posted to the recipients address within Singapore;
- Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent with no error.
14.3 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of FABLIFE or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by FABLIFE and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of FABLIFE in Singapore and other countries. FABLIFE's trade marks may not be used in connection with any product or service that is not provided by FABLIFE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FABLIFE. All other trade marks not owned by FABLIFE that appear on the Site are the property of their respective owners.
14.4 You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from FABLIFE. In the event FABLIFE becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
14.5 If you print, copy or download any part of this Site in breach of this Agreement, your right to use this Site will cease immediately and you must, at FABLIFE’s option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by FABLIFE or its licensors.
15. LINKS TO THE SITE
15.1 You may link to FABLIFE’s home page, provided you do so in a way that is legal and is not likely to damage its reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on FABLIFE’s part where none exists.
15.2 You must not establish a link from any Site that is not owned by you.
15.3 This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. FABLIFE reserves the right to withdraw linking permission without notice.
16.1 No failure or delay by FABLIFE in exercising any right under this Agreement or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish its rights under this Agreement or a Contract.
16.2 If any clause in this Agreement or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as this Agreement or a Contract shall be capable of continuing in effect without the unenforceable term.
16.3 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with this Agreement or a Contract or all or any of your rights or obligations under this Agreement or a Contract.
16.4 Nothing in this Agreement or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and FABLIFE.
16.5 Save for the Parties specifically mentioned herein this Agreement any person or party who is not a party to this Agreement whether or not any benefit is conferred or purported to be conferred on him directly or indirectly has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.
17. GOVERNING LAW AND JURISDICTION
This Agreement and a Contract shall be governed and construed in accordance with the laws of Singapore, the courts of which shall be courts of competent jurisdiction. All dealings, correspondence and contacts between FABLIFE and you shall be made or conducted in the English language.
18. SUBMISSION TO THIS AGREEMENT
18.1 FABLIFE reserves the right to amend this Agreement at any time. All amendments will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new terms.
18.2 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.