1.2. The TUS applies to the use of this website, and to any contract between you and us for the supply of goods on this website.
1.3. If you choose to access this website (or use our services or make a purchase) from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
2.1. To use the services or features made available to you on this website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Once you complete and submit your registration, you have opted in to receive email communication from us. Should any of your registration information change, please update them immediately at this website. We may also change registration requirements from time to time.
2.2. You must be at least 21 years old to register to use this website. By registering to use this website, you represent that you are over 21.2.3. We reserve the right to decline a new registration or to cancel an account at any time.
2.4. The account password you provide should be unique and kept secure. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) our services and this website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
2.5. We may suspend, terminate, change or discontinue membership benefits at any time at our sole and absolute discretion.
3. ELIGIBILITY TO PURCHASE
3.1. In order to make purchases on this website you will be required to provide your personal details. In particular, you must provide your real name, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
You agree that all communications between you and us relating to this website and the purchase of any goods from it will be made by email, and that for all purposes a communication by email is to be considered a communication in writing. Our main contact email address is set out on our home page. We will always contact you at the email address you have given us when registering as a user of our website. When either of us sends the other an email to the correct address, the sender can assume that it has been received as soon as the recipient is able to access it. We monitor our email boxes regularly and we would ask you to do the same to make sure that all messages are read as soon as possible after receipt.
5. PRICING POLICY
5.1. Although we make every effort to ensure that the prices, descriptions and other details of the goods offered on our website are accurate, mistakes may occasionally happen. We reserve the right to cancel any order for goods where any such mistake has occurred, even after we have accepted it. However, where pricing is concerned, if the correct price is lower than stated we will process your order and charge you the lower price. If the correct price is higher we will notify you of this by email and give you the option of paying the higher price. If you do not wish to pay this, we will cancel your order, and we will refund you (by the same method by which you made payment) the price you paid for the goods.
5.2. We reserve the right to make changes to the information on our website at any time regarding the price, description, or availability of our goods without prior notice.
5.3. We reserve the right to limit the quantity of any goods that are available for purchase without prior notice.
6.1. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
6.2. Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just an acknowledgement that we have received it.
6.3. Once we have received payment for your order, we will send you an email accepting your offer to purchase the goods, and the contract will be concluded at that time. The sale contract is therefore concluded in Singapore and the language of the contract is English.
6.4. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TUS.
6.5. If we refuse to accept your order or if we cancel your order for any reason, we will refund you (by the same method by which you made payment) the price you paid for the goods.
6.6. If you are purchasing the goods for delivery outside of Singapore, you authorise the third party carrier to act as your agent with the customs authorities of the country of delivery, for the purpose of customs clearance and to process all duties and taxes payable on the goods. All taxes and duties collected are forwarded to the customs authority.
6.7. We have made every effort to display as accurately as possible the colours of our goods that appear on this website. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
7.1. On this website we require you to pay for your purchases by Paypal or any other methods which may be clearly advertised on this website from time to time. You will be asked to provide us details of your chosen card each time you fill in your order. If Paypal is unable to charge your designated card, we will not ship the goods but contact you by email and ask you to contact your card issuer to sort the matter out or to provide us with alternative satisfactory means of payment. If you have continued difficulties with payment methods, we may cancel any outstanding orders and your registration as a user of this website.
7.2. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from this website.
8.1. Once we receive your payment, we will ship your order as soon as possible, and in any event within 14 days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.
8.2. The goods purchased from this website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such goods pass to you upon our delivery to the carrier.
8.3. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Enavose, and transfer of responsibility in the same way.
9. RETURNS AND REFUNDS
9.1. Our goal is to provide the best service and quality products to our customers. For that reason, if you are not pleased with your purchase, you may return the goods to us within thirty (30) days from the date of shipment for a refund of the price of the goods (which excludes the cost of delivery), PROVIDED THAT:9.1.1. the goods are not damaged, used, or opened;9.1.2. the goods were not purchased at a discounted or promotional price;9.1.3. the goods were not listed for sale as non-refundable or non-returnable; and9.1.4. the goods are returned to us at your expense.
9.2. If defects appear in the goods under proper use and storage within seven (7) days of you receiving the goods, you may return the goods to us for a refund of the price of the goods (which excludes the cost of delivery), PROVIDED THAT:9.2.1. notice in writing of the defects complained of is given to our Customer Service Specialist upon their appearance;9.2.2. such defects are found to our satisfaction to have arisen solely from faulty ingredients, materials or manufacturing of the goods; and9.2.3. the goods are packed securely and returned with the original product packaging and all the materials that you received together with the goods.
9.3. If the goods are damaged during shipment, you may return the goods to us within two (2) days of you receiving the goods for a refund of the price of the goods (which excludes the cost of delivery), PROVIDED THAT:9.3.1. notice in writing of the damage complained of is given to our Customer Service Specialist upon their appearance; and9.3.2. such damage is found to our satisfaction to have arisen solely from the shipping process; and9.3.3. the goods are packed securely and returned with the original product packaging and all the materials that you received together with the goods.
9.4. Where returns are made due to defects or damage under this Clause 9, we will bear the cost of return shipping.
9.5. All refunds under this Clause 9 will be made by the same method by which you made payment, and will be processed within thirty (30) days of us receiving your returned goods.
9.6. Notwithstanding our return policy set out in this Clause 9, we grant no warranties relating to defects in the ingredients, materials or manufacturing of the goods, and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise howsoever, relating to such defects in the goods, are hereby excluded; in particular (but without limitation of the foregoing) we grant no warranties (other than as provided in the warranties set out above) regarding the fitness for purpose, performance, use, quality or merchantability of the goods, whether express or implied, by statute at common law or otherwise howsoever.
10. INTELLECTUAL PROPERTY RIGHTS
We own the copyright in all material displayed on this website. We are happy for you to download and save or print any web pages or order forms as you make purchases from this website or to provide you with records of your purchases or of goods you want to buy. However, you must not copy, download or distribute any pages of our website for any other purpose. You must not insert any links to other sites on our website or add any material to it or alter any of the material on it without our permission.
11. USER GENERATED CONTENT
12. THIRD PARTY SITES
In some cases, we may provide access to third parties' websites. We have no responsibility for the conduct, content or operation of those websites, or any purchases that you make from them. In all cases, your dealings with those websites will be subject to their own terms and conditions.
13. NO GUARANTEE OF ACCESS
You should be aware that we cannot always guarantee access to our website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our website in order to make changes to it or to correct technical problems that have arisen.
14. NO COMMERCIAL USE
This website and its services and goods made available for sale are for your personal non-commercial use only, and must not be used for business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, material, goods, or services contained within, or obtained or purchased from, this website. You may not use this website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
15. SUSPENSION AND TERMINATION
15.1. You agree that you will be personally responsible for your use of this website and for all of your communication and activity on and pursuant to this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TUS, we may deny you access to this website on a temporary or permanent basis.
15.2. Enavose shall fully co-operate with any law enforcement authorities or court order requesting or directing Enavose to disclose the identity or locate anyone in breach of our TUS.
15.3. We reserve the right to suspend, terminate, change or discontinue any aspect of this website, including the availability of any feature(s) if the website, at our sole and absolute discretion, at any time and without notice.
15.4. Notwithstanding anything else in this Clause 15, we may terminate this TUS at any time.
15.5. Our right to terminate this TUS shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
At our request, you agree to indemnify us fully, defend us, and hold us Enavose harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the website; (ii) your breach of the TUS; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing this website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. Enavose reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
17. LIMITATIONS AND EXCLUSIONS
17.1. If Enavose breaches the TUS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Enavose at the time of you placing your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
17.2. We are not responsible for losses not caused by our breach or negligence, indirect or consequential losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
17.3. We are also not responsible for failure to meet any of our obligations under the TUS where such failure is due to events beyond our reasonable control.
17.4. Nothing in this TUS shall exclude or limit our liability for death or personal injury caused by our breach of this TUS.
17.5. We do not warrant and we exclude all liability in respect of:17.5.1. the accuracy, completeness, fitness for purpose or legality of any information accessed using our services or website or otherwise; and17.5.2. the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and17.5.3. your use of any information or materials on our website (which is entirely at your own risk and it is your responsibility); and17.5.4. the quality, safety, usability or any other aspect of the goods displayed for sale on our website.
18.1. No partnership/agency: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Enavose as a result of the TUS or your use of this website. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Enavose, and we shall not be liable for any representation, act, or omission on your part.
18.2. No other terms: Except as expressly stated in this TUS, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
18.3. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this TUS. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this TUS to any person.
18.4. Force majeure: We shall not be liable for any breach of our obligations under this TUS where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
18.6. No waiver: No waiver by us of any default of yours under this TUS shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this TUS.
18.7. Notices: Unless otherwise stated within this TUS, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.
18.8. Survival: In any event, the provisions of Clauses 1, 2, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of this TUS, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the TUS. In the event you use the website or our services again, then the provisions of the terms and conditions that then apply will govern your re-use of this website or our services.
18.9. Severability: If any provision of this TUS is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this TUS shall not be affected.
18.10. Governing law: This TUS (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with Singapore law and both parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
19. CONTACT INFORMATION
Enavose Life Science Research, Company Registration No. 201102170D, PO BOX 169, Singapore 911206.