These General Terms and Conditions, including all policies referred to herein (these "Terms and Conditions”), apply to
a. the use of and access to any information, pictures, documents, materials and/or other services (“Services") by the buyer (referred to as “Buyer”, “you”, “your” or “User”) offered or operated by or on behalf of SMCP Fashion Singapore Pte Ltd, our parent companies and/or affiliates (collectively referred to as "SMCP," "we" “our” or ”us" and the grammatical derivatives thereof shall be construed accordingly) for and/or in relation to the virtual shopping services (“Virtual Shopping”)Virtual Shopping; and
b. the sale and purchase of SMCP branded products (the “Product(s)").
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USING THE VIRTUAL SHOPPING. BY ACCESSING OR USING THE VIRTUAL SHOPPING, YOU HAVE AGREED AND ACCEPTED (AND YOU ARE REGARDED AS HAVING AGREED AND ACCEPTED) THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME WITHOUT PRIOR NOTICE, EFFECTIVE UPON ITS POSTING ON THE WEBSITE LOCATED AT www.maje.com.sg/ (“Website”). EACH TIME THAT YOU USE OR ACCESS THE VIRTUAL SHOPPING, THE THEN CURRENT VERSION OF THESE TERMS AND CONDITIONS WILL APPLY. YOU SHOULD CHECK THE DATE OF THE TERMS AND CONDITIONS (WHICH APPEARS ABOVE) AND REVIEW ANY CHANGES THAT HAVE BEEN MADE SINCE YOUR LAST VISIT TO THE VIRTUAL SHOPPING. YOUR CONTINUED USE OR ACCESS OF THE VIRTUAL SHOPPING SHALL BE REGARDED AS YOUR ACCEPTANCE OF THE UPDATED VERSION OF THESE TERMS AND CONDITIONS.IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD DISCONTINUE YOUR ACCESS OR USE OF THE VIRTUAL SHOPPING. By using or accessing the Virtual Shopping, you represent and undertake that (i) you are at least 18 years of agree or otherwise have legal capacity to legally agree to these Terms and Conditions and (ii) you have read, understand, and agree to be bound by these Terms and Conditions and (iii) you will use the Virtual Shopping in accordance with applicable law. SMCP DOES NOT SELL PRODUCTS TO ANY PERSON BELOW THE AGE OF 18, NOR DOES IT PROVIDE ANY OF THE SERVICES OR THE USE OF THE VIRTUAL SHOPPING TO SUCH PERSON. IF YOU ARE BELOW 18 YEARS OLD: YOU MUST OBTAIN CONSENT FROM YOUR PARENT(S) OR LEGAL GUARDIAN(S), THEIR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THEIR AGREEMENT TO TAKE RESPONSIBILITY FOR: (I) YOUR ACTIONS; (II) ANY CHARGES ASSOCIATED WITH YOUR USE OF ANY OF THE SERVICES OR PURCHASE OF PRODUCTS; (III) YOUR ACCEPTANCE AND COMPLIANCE WITH THESE TERMS OF CONDITIONS. IF YOU DO NOT HAVE CONSENT FROM YOUR PARENT(S) OR LEGAL GUARDIAN(S), YOU MUST STOP USING/ACCESSING THE VIRTUAL SHOPPING AND USING THE SERVICES.
2. INFORMATION ON THE VIRTUAL SHOPPING
Product DescriptionsAll descriptions, images, references, features, content, specifications and prices of Products and Services described or depicted on Virtual Shopping, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color you see will depend on the devices (including computer, mobile phone, tablet or otherwise, collectively “Devices"), and we cannot guarantee that your Devices will accurately display the applicable colors. The inclusion of any Products or Services on Virtual Shopping at a particular time does not imply or warrant that these Products or Services will be available at all times. By purchasing a Product or Service made available by us via Virtual Shopping (a “Transaction" and collectively “Transactions"), you represent that the Products you order as part of the applicable Transaction will be used in accordance with all applicable laws. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product or Service; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product or service, and we will notify you of such restrictions in so far as they apply to you.
Exclusion of Liability for External LinksIf the Virtual Shopping contains links to other sites on the Internet, SMCP hereby declares explicitly that it has no influence on and is not responsible for the layout or content of the linked pages. Such links are provided solely for your convenience. SMCP does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from the Virtual Shopping, you do so entirely on your own decision and at your own risk. You should read and understand the policies and terms and conditions (including privacy policies) associated with any linked sites closely before accessing, using, submitting information to such sites, and allowing children to visit such sites. Our Privacy, Security and Cookie Policy ("Privacy Policy”) does not apply to any collection and processing of your personal data on or through such external sites.
3. INTELLECTUAL PROPERTY
TrademarksAll trademarks, tradenames, brand names, logos, Product names and titles, whether registered or unregistered, (collectively the “Marks") used on or in relation to the Virtual Shopping are trademarks or trade names owned, registered and/or licensed by SMCP or third party trademark or trade name holders. The Marks are protected by trademark, copyright and various other intellectual property rights. You are not allowed to use, copy, display or reproduce, in whole or in part, any such Marks as this may constitute an infringement of the respective holders' rights.
Ownership of Design, Images and ContentAll design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software and all other materials for the Virtual Shopping (collectively, “Content"), including all copyrights therein, are owned by SMCP and/or its suppliers or subcontractors. The Content is a collective work under the copyright laws of Singapore and other countries and protected by applicable copyright laws and treaties the world.
Limited UseYou are only allowed to electronically copy and to take a screenshot or print in hard copy portions of the information and materials relating to the Virtual Shopping to the extent that it is necessary for the purpose of placing an order with us, or for your other personal and non-commercial use. You are not allowed to make any other use of the information and materials relating to the Virtual Shopping (including but not limited to the Marks and the Content), including reproduction, modification, distribution or republication for purposes other than as mentioned above. Should you wish to use materials or information relating to the Virtual Shopping (including but not limited to the Marks and the Content) for any other purpose, you need our prior written approval to do so.
4. PERSONAL DATA PROTECTION
SMCP collects and processes the personal data of the users of the Virtual Shopping. All personal data is handled in accordance with legal requirements and the Privacy Policy found here. The Privacy Policy forms part and parcel of the Terms and Condition. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services.
5. INFORMATION YOU PROVIDE/SUBMISSIONS
Other than your personal data, which will be handled in accordance with our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communications or content you publicly post on the Website in any form and in any manner ("User Submissions”) (i) will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by SMCP or its parent or affiliates for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Submissions. You hereby grant SMCP a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, transferable and sub-licensable license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use your User Submissions, if any, in any manner whatsoever for any or all purposes, with or without attribution to you or any other party ("User Submissions License”). SMCP may, but is not obligated to, monitor or review any User Submissions. SMCP shall have no obligations to use, return, review, or respond to any User Submissions. SMCP shall have no liability related to your reliance on information or materials provided by other visitors to the Website. The opinions expressed by Website visitors reflect solely the opinions of the individuals who have submitted those opinions and are not the opinions of SMCP. SMCP retains the right (but does not have the obligation) to remove any or all User Submissions (including, without limitation, any User Submissions that SMCP deems inappropriate or unacceptable. IF YOU CHOOSE TO MAKE ANY INFORMATION THAT PERSONALLY IDENTIFIES YOU OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.By making a User Submission, you represent and warrant that (i) you own all right, title and interest in and to the User Submission, or you have the necessary approvals and permissions to grant the User Submissions License described above, (ii) the User Submission, and the exercise by SMCP of the rights granted to it under the User Submissions License in relation to such User Submission, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others, and (iii) your User Submissions do not and shall not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.We do not guarantee that User Submissions will not be lost or damaged or that you will be able to retrieve User Submissions.
6. RESTRICTIONS ON USE
Prohibited ActionsWhile making a transaction via virtual shopping and visiting, participating in, accessing and using the features on the Virtual Shopping, you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. The following Prohibited Actions are not meant to be complete or exhaustive: (1) request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; (2) disguise the origin of a User Submission; alter, modify, frame, or "mirror" any Content; (3) create a deep-link to our Website by by-passing our Website's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Virtual Shopping; (4) inhibit, disrupt, or otherwise prevent anyone from using or accessing the Virtual Shopping or interrupt any user's experience on the Virtual Shopping, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; (5) interfere with or disrupt the Virtual Shopping, or servers or network connections to the Virtual Shopping; (6) disobey any requirements, procedures, policies or regulations of networks connected to the Virtual Shopping; (7) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Virtual Shopping; (8) or attempt to gain unauthorised access to the Virtual Shopping (or any portion thereof).
Prohibited SubmissionsYou are prohibited from posting or transmitting to the Website any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any applicable laws.
7. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SMCP AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF SMCP AND ITS AFFILIATES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, EXPENSES MADE OR INCURRED BY ANY THIRD PARTIES DUE TO OR AS A RESULT OF (I) YOUR USER SUBMISSIONS OR YOUR ACCESS TO OR USE OF THE VIRTUAL SHOPPING; (II) YOUR BREACH OF THESE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE FOREGOING PROHIBITIONS); (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS, ORDERS OR ORDINACE OF ANY COMPETENT AUTHORITIES.
8. TERMS OF SALE
The Virtual Shopping is only intended to sell Products to adults who are at least 18 years old. PLEASE DO NOT: (1) ACCESS THE VIRTUAL SHOPPING, (2) CREATE AN ACCOUNT OR (3) PLACE AN ORDER IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT OR PLACE AN ORDER AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT OR PLACE AN ORDER UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT OR IS PLACING AN ORDER, YOU MUST ACCEPT THE TERMS OF THESE TERMS AND CONDITIONS ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT AND THE PLACING OF AN ORDER.SMCP guarantees the authenticity of all Products purchased on the Virtual Shopping. You can place an Order via our physical store either as a registered customer or as a new customer through our store customer profile data collection. You need a postal address, an email address, and a mobile phone number to place an Order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Virtual Shopping payment.For the avoidance of doubt, “Order" means the Order submitted by you to the Virtual Shopping to purchase a Product from us and “Account" means the Account that you will need to register on our Virtual Shopping.
Registration of an Account and SecurityIn addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your Account. When you register for an Account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. You shall be solely responsible for any loss or damage that may arise from and/or in connection with any incorrect or incomplete information provided by you. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the Account. Please ensure you have read and understood the terms of our Privacy Policy found here before you provide any personal information to us.You agree to (a) keep your Account information for each session on the Virtual Shopping, and (b) immediately notify us of any unauthorised use of your Account. For the avoidance of doubt, all activities including, without limitation, all purchases of the Products and services through the use of the Virtual Shopping that occur under your Account (whether or not authorised by you) shall be your responsibility. We will not be liable for any loss or damage arising from unauthorised use of your or your failure to comply with this clause.You agree that we may for any reason, in our sole discretion and with or without notice or liability to you or any third party, immediately suspend or terminate your Account, cancel any transactions associated with your Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that we deem necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms and Conditions, or (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour. Use of the Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. Users may terminate their Account if they notify us in writing (including via email at cshk@smcp.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact us after he or she has promptly and effectively carried out and completed all incomplete transactions according to these Terms and Conditions. We shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by us.
9. ORDERING
Formation of a ContractAll information and details on the Virtual Shopping is only an invitation to treat and is not an offer or unilateral contract. You agree that the submission of your Order is an offer to purchase the Products listed in your Order from SMCP on these Terms and Conditions. If SMCP is not able to execute an Order, SMCP will inform you as quickly as possible. No Contract in respect of any Products shall exist between you and us until we have emailed you a Shipping Confirmation. ”Contract” means your Order of a Product or Products in accordance with these Terms and Conditions.
Confirmations and AcceptanceTo submit an Order, you will be required to follow the online shopping process on the Virtual Shopping. After you submit an Order on our Virtual Shopping, we will send you an email or SMS message acknowledging receipt of your Order ("Order Confirmation”). OUR ACCEPTANCE OF THE ORDER WILL NOT TAKE PLACE UNLESS AND UNTIL (I) WHEN THE PRODUCTS ARE SHIPPED TO THE DELIVERY ADDRESS PROVIDED BY YOU, AND (II) WE WILL SEND YOU AN EMAIL CONFIRMING THAT THE PRODUCTS HAVE BEEN SHIPPED ("SHIPPING CONFIRMATION”).
CurrencyAll prices are indicated and charged in Singapore dollars (“SGD").
Quantity Limits & no purchase for resaleOrders are accepted only in quantities usual for households. The Virtual Shopping is intended solely for SMCP to sell Products direct to end consumers, and therefore purchase of Products for resale is strictly prohibited. For the avoidance of doubt, purchase of Products for resale means the purchase of Products by someone who resells, or intends to resell, the Products to others (consumers, businesses or any third party). If SMCP believes you are involved in purchase of Products for resale, SMCP reserves the right to take any action against you, including, without limitation, to restrict your access to or use of the Virtual Shopping, restrict sales to you, cancel your orders, and/or suspend or terminate your Account.
Stock LimitationsProducts on the Virtual Shopping are in stock and are ready to be sent. Any sizes that are out of stock are marked as unavailable. We may have stock issues from customers ordering Products at the same time. When we are unable to ship a Product that is already ordered, we may cancel that part of your Order and you will be reimbursed or not charged accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. If the Products you are looking for are sold out, you may wish to check availability with your SMCP store, through our Store Locator, or, as our stocks are regularly replenished, return to our online collection at another time.
Cancelling OrdersIf you have placed an order in error or would like to cancel an order before it is delivered, please immediately contact the store you made Virtual Shopping with by phone or e-mail us at: cshk@smcp.com. SMCP will use its reasonable endeavors to consider your request to cancel such order and assist you in any way it can. Any cancellation requests made by you may be accepted or rejected by us in our sole discretion. No cancellation is possible after any Product under the order is shipped. As SMCP always strives for quick deliveries, it means there is not much time available for you to cancel your Order.
No ChangesPlease note that we cannot make or accept any changes (including delivery address, size, colour of the Products) once your Order has been placed.
Right Not to Accept OrdersFulfilment of all orders on the Virtual Shopping is subject to availability. We explicitly reserve the right not to accept your Order for any reason. We also reserve the right to cancel an Order by written notice to you in the following situations (which list is not intended to be exhaustive), without being liable for any damages or costs other than refunding the payment that you have made for the Order:a. The Product is not available;b. Your billing information is not correct or not verifiable;c. Your order is flagged up by our security systems as an unusual order or an order susceptible to or suspected of fraud;d. We could not deliver to the address provided by you;e. We believe you are under the age of 18 years old;f. We believe that you are a reseller;g. There was an error in the price display on the Virtual Shopping;h. In the event of misspelling, pricing or other errors or mistakes in the Virtual Shopping information; ori. Due to circumstances or events beyond our control.We will also not be liable to you or any other third party by reason of our withdrawing any Products from this Virtual Shopping, whether it has been sold or not, removing or editing any materials or contents on this Virtual Shopping.
10.0 PAYMENT
Payment MethodYou can pay for the Products by the payment method as indicated on the link sent to you at the end of the Virtual Shopping.
Data CheckDuring the payment process SMCP may perform credit checks. Based on the outcome thereof SMCP may change, adjust or decline an order and/or the selected payment method. In most cases SMCP will offer you the option to select a different payment method.
Shipping costsYour order will be shipped for free.
Total PriceTotal price will be recorded in the Order Confirmation. If payment is made by credit card, such total price will be reflected on your bank statement.
Price ChangesThe prices of the Products will be as displayed on the Virtual Shopping. Prices may change from time to time, but changes will not affect any order which we have confirmed in the Order Confirmation.
Retention of OwnershipAny Products purchased from the Virtual Shopping remain the property of SMCP until the payment process in the Virtual Shopping is completed and it is delivered to the Carrier (as defined below).
Goods and Services TaxPursuant to the prevailing rules and regulations in force, all purchases done through the Virtual Shopping are subject to GST.
11. DELIVERY
DeliveryThe Products you order can be picked up at our physical store, or upon request, sent via the designated carrier by cshk@smcp.com (“Carrier"), to the delivery address that you have provided to us. You agree that all Products ordered via the Virtual Shopping shall be shipped by the Carrier. Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
Standard Delivery TimeGenerally, delivery time is approximately 1 to 3 business days after the Product(s) under any order is shipped. Please note that we are unable to and we do not accept any orders to ship Products to PO boxes and hotels. The above delivery time is an estimate only, and the exact delivery time will vary depending on the region and district selected for delivery. We only ship on Business Days. For the purpose of these Terms and Conditions, "Business Day” means a day from 11.00 a.m. to 6.00 p.m. in Singapore, excluding Saturdays, Sundays, and gazetted public holidays.IF WE FAIL TO DELIVER THE PRODUCTS WITHIN THE ESTIMATE DELIVERY TIME ABOVE (“LATE DELIVERY”), WE WILL INFORM YOU AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO CHOOSE EITHER TO WAIT FOR PRODUCTS TO BE DELIVERED, OR TO CANCEL YOUR ORDER AND OBTAIN A REFUND. APART FROM THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSESS, LIABILITIES, COSTS, DAMAGES, CHARGES OR EXPENSES ARISING OUT OF LATE DELIVERY.
Acceptance of ProductsUpon delivery of the Product, you may be required to sign for delivery. Please check your ordered Product(s) (including complimentary gifts) in the presence of the Carrier to confirm the quantity, type, color, size and intactness. Please accept the Product(s) only after the forgoing is confirmed by you. In case you discover any shortfall, non-conformity, obvious material or production defects or damage to the Product(s), please e-mail us at cshk@smcp.com.
Transmission of Ownership and Risk of the ProductsAll risks and ownership in the Products you have ordered will pass to you once we deliver them to the Carrier. If you fail to take delivery or the Carrier is unable to deliver the Products, the ownership and risks in the Products will still rest with you, and we shall be entitled to charge you for any additional storage costs or delivery fees incurred by us.
12. RETURNS AND REFUND POLICY
For Products purchased via the Virtual Shopping, you can submit a request to return any Product within seven (7) calendar days from the date of receipt of the Product (based on the date of receipt on the logistics document) ("Return Period”). Please note that we only accept returns if the returned Products meets the "Return Conditions" and do not belong to the "Return Exclusions" (see below).
Please also note that you may process returns only for purchases made on the Virtual Shopping to the purchased store. You cannot return Products purchased on our Virtual Shopping at other physical stores, and vice versa.
Return conditionsAll returned Products must be received by us in order for you to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
The returned Products must meet the following conditions in order to be accepted by us:a. you must have submitted your request to return the Product within the Return Period;b. the Products are in their original condition (for example, the Products are kept intact, unused, unwashed or unaltered, no stains or cosmetics on the products) and the conditions for re-sale of the Product has not been affected;c. the outer package of the Product is intact (including the plastic bag or box, please do not stick any tapes or labels directly on our shoe boxes, please put the shoe box into another box or bag), the Product accessories, instructions, tags, labels, etc. that accompanied the Product are intact and still in your possession;d. If the Product / parcel included additional gifts (gift with purchase promotion), the gift must be returned together with the Product. The gift needs to be kept and returned in the same condition as it was received. If the gift cannot be returned, we have the right to ask you to pay an amount equal to the price of the gift indicated by us.e. We will reject and not process any refund o any returned item that has been damaged, soiled, washed, worn or altered, and may return such items to you.
Return Exclusions
The following items cannot be returned or processed via our Virtual Shopping:a. Products not sold through our Virtual Shopping, which is the Singapore official physical store, i.e. http://www.maje.com.sg/en/#storeb. Customized products without quality problems;c. Underwear, socks and selected limited edition products without quality problems;d. Where the Product is used, washed, processed (e.g. altered size), soiled or damaged, the logo is cut, and other merchandise not in re-sale conditions;e. Where the invoice or order number issued at the time of purchase is lost;f. You have not submitted a request to return the Product within the Return Period;g. Products that are clearly identified as having certain defects before you submit the order via the Virtual Shopping, and the reason you provide for returning the Product is due to such defect; andh. Other circumstances in which the consumer has no right to return according to the applicable law.For Orders placed online during some specific program, some items are non-returnable, non-refundable and non-exchangeable. Please refer to the program’s terms & conditions for details.
Return processIf you want to return your order, please make sure that the Product(s) meets the "Return Conditions" stated above, and submit the request to the store of purchase at cshk@smcp.com. We will not accept any request if the Products do not meet the "Return Conditions" stated above. Also, returns via normal mail, registered mail and express delivery will not be accepted.
Refund timeFor the returned Products, once we confirm that the return conditions and requirements are met, we will process the refund of the actual amount paid by you and received by us for the Product within 14 business days after we receive the returned Product(s). However, we have the right to only partially refund you the amount if your returned Products were bought together with other Products that entitled you to enjoy our threshold promotions or offers.The time of receipt of the refund depends on different refund methods. The time of actual refund to your account depends on different banks or payment platform operations. It may take up to 10-15 business days.If the return does not meet the return conditions or requirements, we will contact you and return the Product(s)to you at your cost.
13. DISCLAIMER OF WARRANTIES
THE VIRTUAL SHOPPING AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE VIRTUAL SHOPPING ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE VIRTUAL SHOPPING, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE CONTENT OR ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE VIRTUAL SHOPPING. SMCP AND ITS AFFILIATES, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE VIRTUAL SHOPPING AND ANY PRODUCT OR SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE VIRTUAL SHOPPING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SMCP NOR ANY OF ITS EMPLOYEES, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE VIRTUAL SHOPPING, CONTENT OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY APPLICABLE INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER SMCP NOR ITS EMPLOYEES, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE VIRTUAL SHOPPING OR FROM ANY CONTENT POSTED ON THE VIRTUAL SHOPPING BY SMCP OR ANY THIRD PARTY UNLESS SUCH DAMAGE IS THE RESULT OF ANY WILFUL MISCONDUCT ON THE PART OF SMCP. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE VIRTUAL SHOPPING IS TO STOP USING THE VIRTUAL SHOPPING. THE MAXIMUM LIABILITY OF SMCP AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, IN RELATION TO THE VIRTUAL SHOPPING OR CONTENT SHALL NOT EXCEED SGD cshk@smcp.com. YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE IN CONNECTION WITH ANY PRODUCTS PURCHASED BY YOU, IS A REFUND OF THE AMOUNT PAID BY YOU FOR SUCH PRODUCT.
While we try to maintain the integrity and security of the Virtual Shopping and the servers from which the Virtual Shopping is operated, we do not guarantee that the Virtual Shopping will be or remain secure, complete or correct, or that access to the Virtual Shopping will be uninterrupted. The Virtual Shopping may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions. Additionally, third parties may make unauthorized alterations to the Virtual Shopping. If you become aware of any unauthorized third party alteration to the Virtual Shopping, contact us at cshk@smcp.com with a description of the material(s) at issue and the URL or location on the Virtual Shopping where applicable material(s) appear.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE JURISDICTIONS, THE RELEVANT LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS AND CONDITIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. TERMINATION
SMCP reserves the right to suspend or terminate your Account (and delete the profile corresponding to such account and any accompanying content) or your use of this Virtual Shopping at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Virtual Shopping, Products and Services available on or through the Virtual Shopping at any time without notice. You are personally liable for any Orders that you place or charges that you incur or are made under your Account prior to termination. We shall not be liable to you or any third party for any of the foregoing.Any sections of these Terms and Conditions that must survive termination in order to give effect to their intent and meaning shall survive termination of these Terms and Conditions. The termination of your Account shall not affect any rights of SMCP or any of your liabilities and obligations accrued prior to such termination.
16. MISCELLANEOUS
Contact informationIf you have any questions about these Terms and Conditions or the Virtual Shopping, please direct send your questions to cshk@smcp.com.
Changes to these Terms and ConditionsWe reserve the right to amend these Terms and Conditions at any time at our sole discretion and we will post the changed terms and conditions on the Virtual Shopping and will be effective immediately. You are advised to regularly check whether they have changed. Your continued use of the Virtual Shopping constitutes acceptance of the amended Terms and Conditions.
Governing Law and JurisdictionThese Terms and Conditions (including all policies referred to herein) and any dispute or matter arising out of or in relation to the Virtual Shopping, Products, Content or Services shall be governed by the laws of Singapore.Any dispute arising from or relating to these Terms and Conditions (or any policy referred to herein), the Virtual Shopping, Products, Content or Services shall be referred to and finally resolved by the Singapore courts.
Independent ContractorsThese Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and SMCP.
SeverabilityIf any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, such provision will be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of any remaining provision.
AssignmentYou may not assign, transfer, charge or otherwise deal with all or any of your rights or obligations under these Terms and Conditions without our express prior written consent. We may transfer our rights or obligations to any third party without your consent.
Force MajeureEach Party shall not be liable for any claims, losses, damages, costs and expenses resulting from any respective failure to perform its obligations if such failure results from a cause or causes beyond the reasonable control of that Party, including government regulations, threat of terrorism, war, labour trouble, strikes, fire, natural disasters, risk of infection, quarantine orders and precautions, epidemic outbreaks, casualties or inability beyond such Party’s reasonable control (each a "Force Majeure” event).If a Party shall be prevented by a Force Majeure event from performing or observing its obligations under these Terms and Conditions, that Party shall make every effort to remove, remedy or mitigate the cause or effect of the Force Majeure event, and that Party shall be released from such performance or observance to the extent that such performance or observance shall be prevented by the Force Majeure event. That Party shall perform and observe its other obligations under these Terms and Conditions insofar as they shall not be affected by the Force Majeure event.If a Party is wholly unable to perform its obligations under these Terms and Conditions because a Force Majeure event, these Terms and Conditions shall be treated as frustrated, and the Frustrated Contracts Act (Cap. 115) shall apply.For the avoidance of doubt, performance shall be deemed wholly impossible only if it is physically or legally impossible, and not merely because it has become more onerous or difficult, or financially disadvantageous to the Parties to do so.For the purpose of these Terms and Conditions, “Parties" means SMCP and you, and “Party" means any one of them as the context requires.
Entire AgreementThese Terms and Conditions, together with all policies referred to herein, constitute the entire agreement between you and SMCP relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SMCP relating to the subject matter herein.
LanguageIf there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail. You acknowledge that you have read these Terms and Conditions and understands its content in English.
WaiverA failure or delay by SMCP to exercise any right or act upon a breach under these Terms and Conditions will not be a waiver of that right or breach and shall not be a waiver of prior or subsequent rights or breaches. Any waiver by SMCP of any of its rights or of a breach of these Terms and Conditions must be in writing, and such waiver is limited to the particular right or breach stated therein.
Third Party RightsNothing in these Terms and Conditions is intended to grant to any third party any right to enforce any term of these Terms and Conditions or to confer on any third party any benefits under this Terms and Conditions for the purposes of the Contracts (Rights of Third Parties) Act (Cap 53B) and any re-enactment thereof, the application of which this legislation is hereby expressly excluded.
