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.
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
5. INFORMATION YOU PROVIDE/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.
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.
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: firstname.lastname@example.org. 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.
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.
DeliveryThe Products you order can be picked up at our physical store, or upon request, sent via the designated carrier by email@example.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 firstname.lastname@example.org.
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.
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 email@example.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 firstname.lastname@example.org. 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 email@example.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.
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.
Contact informationIf you have any questions about these Terms and Conditions or the Virtual Shopping, please direct send your questions to firstname.lastname@example.org.
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.
1.1 SMCP Fashion Singapore Pte Ltd as the context requires ("we", "us", "our", “SMCP") takes its responsibilities in relation to protecting your Personal Data and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your Personal Data in accordance with this Policy, which shall apply to all Personal Data we collect from you for use of our Virtual Shopping.
“Account” means the account that you have with us to use the Virtual Shopping;“Applicable Laws” means Singapore’s Personal Data Protection Act 2012 and its subsidiary legislations and regulations as amended from time to time;“GDPR” means General Data Protection Regulation (EU 2016/679);“Personal Data” means any data, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time;“Products” means any product made available by us to you through our Virtual Shopping;“Services” means the use of and access to any information, pictures, documents, materials and/or other services through our Virtual Shopping; and“Virtual Shopping” means the remote shopping service offered by SMCP.
3. PERSONAL DATA COLLECTED BY US
3.1 We will collect Personal Data from an individual when we consider the Personal Data reasonably necessary for the relevant purposes underlying such processing.
3.2 Examples of your Personal Data which may be collected by us include but not limited to the following:(a) Identity and Contact Data, such as your name, address, telephone number, date of birth, country of nationality or residence, national identification number, employment history, educational background, professional qualifications, job title and function, biometric data, and other personal data concerning your preferences relevant to our Products and Services;(b) Financial and Payment Data, such as your bank account, credit/debit card numbers, and other related billing or payment information;(c) Business Information, such as information provided in the course of our contractual relationship with you or your organisation and us, or otherwise voluntarily provided by you or your organisation;(d) Claims Information, including any personal data such as photographs, receipts statements or voice recordings provided in the course of any investigations that we may need to undertake; and(e) Profile, Usage and Technical Data, such as passwords to your Account or our mobile apps, your preference in receiving marketing information from us, your communication preference, information about how you use our Virtual Shopping and mobile applications, IP address, login data, browser type and version and device type.
3.3 It is your sole responsibility to ensure that any Personal Data that you provide to us, whether electronically or otherwise:(a) is complete, true and accurate in all respects;(b) is provided within reasonable time;(c) is not false, misleading or deceptive in any respect; and(d) does not omit anything that affects or is likely to affect the meaning or significance of such information, document or record in any respect.
4.1 We do not sell Products to minor (which is to be determined based on the applicable law), nor do we intend to provide any Services or the use of the Virtual Shopping to minors. We do not knowingly collect any Personal Data relating to minors.
5. HOW WE COLLECT YOUR PERSONAL DATA
(b) Automated technologies or interaction. As you interact with us for our Virtual Shopping, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this technical data by using cookies, server logs and other similar technologies. The foregoing technologies are required to allow certain functions on our websites and mobile applications (where applicable) to function.
(c) Third parties or publicly available sources. We may receive Personal Data about you from various third parties (such as through our agents or from your organisation) and public sources, including financial and transaction data from providers of technical, payment and delivery services.
5.2 When we request Personal Data from you, we will notify you at the time of collection as to whether or not it is mandatory for you to provide such Personal Data to us. All other Personal Data requested by us or provided by you is on a voluntary basis.
5.3 If you do not provide any Personal Data to us that we have indicated as being mandatory, then we may not be able to (as applicable): (i) process or complete your application for Membership; (ii) open, administer and/or maintain your Account; (iii) provide you with any membership benefits or rewards in relation to your Membership; (iv) provide you with any Services or Products you have requested from us; (v) respond to any of your queries or process or handle any of your complaints or feedback; or (vi) provide you with any information or materials requested by you.
6. HOW WE USE YOUR PERSONAL DATA
6.2 In addition, we may use use your Personal Data for any other specific purpose (“Additional Purposes”) that you have consented to and/or which has been notified to you on or before the time when the relevant Personal Data is collected, pursuant to the Applicable Law.
7. DIRECT MARKETING
7.1 Subject to your consent, we may use your Personal Data for the purposes of sending you marketing and promotional information via telephone, email and/or social media platforms regarding our Products, Services or events relating to clothing, fashion and/or accessories, and/or any offers, benefits, rewards and promotions relating to our Virtual Shopping.
7.2 We cannot use your Personal Data for the above marketing purposes unless you provide your consent. When submitting a completed online form, you consent to the use of your Personal Data for the purposes of receiving the direct marketing materials described above if you have ticked the "opt-in" box provided.
7.3 Even if you have provided us with your consent, you can choose to unsubscribe from receiving any further marketing materials from us at any time by: (i) clicking on the unsubscribe link provided in our electronic promotional materials; or (iii) sending an unsubscribe request to email@example.com.
8. DISCLOSURE AND TRANSFER OF YOUR PERSONAL DATA
8.3 The Recipients of your Personal Data may be located inside or outside the country in which you reside, including countries that may not provide the same level of data protection. We will only do so when measures are in place to provide the same level of data protection as was given when you provided your information to us.
9. ACCESS AND CORRECTION TO YOUR PERSONAL DATA
9.1 The accuracy of our data collection begins with you – you undertake that you will provide accurate and complete Personal Data, and update such Personal Data with us from time to time. Before confirming your transaction with us, you should carefully check that the information that you have provided us is complete and accurate.
9.2 You may request access to—and correction of—your Personal Data held by us by sending a written request via email to the Data Protection Officer at firstname.lastname@example.org. All requests for access and/or correction will be processed within a reasonable time except where we refuse such requests in accordance with any applicable laws or regulations.
10. REQUEST TO WITHDRAW CONSENT
You may withdraw your consent for the collection, use and/or disclosure of any of your Personal Data in our possession or under our control by submitting a written request via email to our Data Protection Officer at email@example.com. Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our Products or Services. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
11. LINKS TO THIRD PARTY NETWORKS AND WEBSITES
11.1 Our websites and mobile applications may provide you with links to third party websites and social plug-ins from various social networks. If you choose to interact with a social network, your activity on our website or via our mobile applications will also be made available to social networks, such as Facebook and Twitter.
11.2 If you have logged in to one of these social network sites during your visit to one of our websites or mobile applications, the social network site might add this information to your profile. If you are interacting with one of the social plug-ins, this information will be transferred to the social network site. If you do not wish for such data transfer, please log out of your social network site before entering one of our websites or mobile applications.
11.3 Your use of such third party websites and social plugs-in will be subject to their privacy policies and we do not accept any responsibility or liability for these policies. We encourage you to read the privacy policies on the other websites you visit. As we cannot control or be responsible for the policies of such third party websites and social plugs-in we may link to, or the collection, use or disclosure of any data you may share with them, you access these third party websites and social plug-in at your own risk.
12. KEEPING YOUR PERSONAL DATA SECURE
Data security is our top priority. We strive to ensure that your Personal Data will be protected against unauthorized or accidental access, processing or erasure. We maintain this commitment to data security by implementing appropriate physical, electronic and managerial measures to safeguard and secure your Personal Data. Encryption technology, such as SSL, may be employed for the transmission of Personal Data collected online. Also, our web servers are protected by data security measures and our systems are monitored to prevent any unauthorized access.
13. RETENTION OF PERSONAL DATA
We will cease to retain your Personal Data when the purposes for which we collected your Personal Data have ceased and/or when we are no longer required to continue retaining your Personal Data for any legal or business purposes.
14. FURTHER RIGHTS OF DATA SUBJECTS IN THE EUROPEAN UNION (“EU”)
14.1 If you are a data subject in the EU, and you believe that the GDPR applies to the data you have provided us, you may contact us if you wish to exercise the following further rights:(a) Request for the erasure of your Personal Data;(b) Request for the restriction of processing of your Personal Data;(c) Object to the processing of your Personal Data; and/or(d) Request to transfer your Personal Data to you or a third party.
14.2 We may ask to verify your identity and claim before proceeding with your request.
14.3 In the event that the GDPR applies, you also have the right to lodge a complaint with the relevant EU supervisory authority if we have contravened any applicable laws or regulations.
14.4 All requests made to us in exercising the rights above will be processed within a reasonable time except where we refuse such requests in accordance with any applicable laws or regulations.
15. COOKIES AND AUTOMATIC DATA COLLECTION
15.1 Various technologies may be used on our websites and our mobile applications in order to improve or monitor them, or to make them more user-friendly, effective and secure. Such technologies may lead to data being collected automatically by us or by third parties on behalf of us. Examples of such technologies are cookies, flash cookies and web analytics.
15.2 When you visit one of our websites, data is sent from your browser to our server. This data makes it possible to optimize our services and improve your experience on our websites and mobile applications. The data is automatically collected and stored by us or by third parties on our behalf.
15.3 We may collect information about your computer for system administration and to report aggregate information for internal marketing analysis purposes. This is statistical data about our users' browsing actions and patterns. In particular, this data may include the following:(a) the visitor’s IP address;(b) the date and time of the visit;(c) the referral URL (the site from which the visitor has been referred);(d) the pages visited on our website; and(e) information about the browser used (browser type and version, operating system, etc.).
15.4 You can block cookies on our Websites and/or mobile applications, but this may result in some features of the Websites or mobile applications not functioning fully or properly.
17. GOVERNING LAW
19. HOW TO CONTACT US
Stores address: http://www.maje.com.sg/en/#store
19.2 Emails and letters should clearly state that you are making a data protection query, request or complain in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.