We are Y-SG Pte. Ltd. (Company Registration No. 200005870E), trading as www.ysg.com.sg ("YSG").
This page gives you the Customer Terms and Conditions ("Customer Terms") relating to your access and use of the Platform (as defined below). Please read this carefully. By accessing our Platform and/or using our Services (as defined below), you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, do not access and/or use our Platform or the Services.
1. DEFINITIONS AND INTERPRETATION
Unless otherwise defined herein or the context otherwise requires, capitalised terms used in these Customer Terms shall have the following meanings:
(a) "Account" means the customer account that you register on our Platform;
(b) "Apps" means any app we may own, manage, operate and make available from time to time, including on iOS and Android;
(c) "Business Day" means a day from 9.00 a.m. to 6.00 p.m. in Singapore (other than Saturdays, Sundays, and gazetted public holidays);
(d) "Order Confirmation" means our email delivered to you, in which we acknowledge your Order in accordance with clause 4.2 below;
(e) "Contract" means your Order of a Product or Products on our Platform in accordance with these Customer Terms which we accept in accordance with Clause 4.2 below;
(f) "Customer" means an authorised user of the Platform and/or Services;
(g) “Corporate Sales Products” means any Product or Good which has been approved by YSG for sale at discounted prices in corporate sales stores on the Platform;
(h) "Losses" means all penalties, losses, settlement sums, costs (including legal fees and expenses), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or otherwise;
(i) "Listing Price" means the price of Products listed for sale to Customers, as stated on our Platform;
(j) "Order" means the Order submitted by you to the Platform to purchase a Product or Products from us;
(k) “Outlet Products" means any Product or Good which has been approved by YSG for sale at discounted prices on outlet stores on the Platform, which may contain minor packaging flaws or defects or be close to expiry;
(l) "Platform” means collectively YSG’s Apps and Website, and any other websites or applications which we may own, manage or operate from time to time;
(m) “Private Sales Products” means any Product or Good which has been approved by YSG for sale at discounted prices in private sales stores on the Platform, which may contain minor packaging flaws or defects or be close to expiry;
(n) "Product" means a product (including any instalment of the product or any part thereof) available for sale to a Customer on our Platform;
(o) "Seller" means a seller of Products;
(p) "Services" means services, information and functions made available by us on our Platform;
(q) "Website" means the web and mobile versions of the YSG website accessed at the following address at www.ysg.com.sg;
(r) "we","us", or "our" means YSG; and
(s) "You" means the Customer or a guest or visitor, as applicable.
In addition, (i) unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership, (ii) references to Clauses are to clauses of these Customer Terms, (iii) headings are for ease of reference only and shall not affect the interpretation or construction of these Customer Terms, (iv) words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership; and (v) references to "includes" or "including" or like words or expressions shall mean without limitation.
2. GENERAL USE OF PLATFORM AND/OR SERVICES
2.2 When you place an Order on our Platform, you represent and warrant the following:
(i) if you are an individual, you are at least 18 years of age;
(ii) if you are an individual under 18 years of age, you have the consent of and are under the supervision of a parent or legal guardian who shall be responsible for your activities;
(iii) if you are representing a company, organisation or any other legal entity, you have authority to bind such entity to these Customer Terms;
(iv) you are capable of entering into and performing legally binding contracts under applicable law; (v) all information which you provide is accurate, up to date, truthful and complete; and
and you agree to indemnify, defend and hold harmless YSG, its directors, officers, employees, consultants, agents, and affiliates from any Losses incurred by us due to or arising out of your breach of these representations and warranties.
3. USE OF SERVICES
3.1 You shall use the Services and our Platform in accordance with these Customer Terms and shall not:
(i) misuse our Platform;
(ii) use any automated systems or software to extract data from our Platform for any purpose;
(iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or performance of the Services or our Platform;
(iv) commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on our Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(v) infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material;
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed throughout our Platform;
(vii) collect any information in respect of other users without their consent; and
(viii) attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services and our Platform, including but not limited to creating fake or duplicate accounts, impersonating any person or entity, generating fake orders, buying and reselling your own inventory; and
(ix) authorise, encourage or incite anyone to do any of the foregoing.
In the event of a breach, we reserve the right to terminate or suspend your Account and report such breach to the relevant law enforcement authorities. For the avoidance of doubt, we shall not be liable to you for any Losses whatsoever arising out of or in connection with the termination or suspension of your Account, for whatever reason.
4. TERMS OF SALE
4.1 Creating an Account
(a) To place an Order, you must register with us by creating an Account on our Platform. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of our Platform.
(b) You agree and acknowledge that any use of or access to the Services and/or our Platform and any information, data or communications referable to your username and password created in connection with your Account shall be deemed to be, as the case may be:
(i) access to our Platform and/or use of the Services by you; or
(ii) information, data or communications posted, transmitted and validly issued by you.
You agree to be bound by any use of and/or access to the Platform or any Services (whether such access or use is authorised by you or otherwise) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of and/or access to the Platform or any Services referable to your username and password.
4.2 Formation of a Contract
(a) The information set out in these Customer Terms and the details contained on our Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you or the relevant Seller until the relevant Seller has shipped the Products to your address as notified by you to the relevant Seller via our Platform.
(b) Products sold to you by each relevant Seller shall be governed by individual Contracts which shall be entered into directly and only between such Seller and you. You acknowledge that YSG and the Platform is merely a platform for third-party sellers and customers to complete sale-and-purchase transactions and is not involved in the actual transaction between you and the Seller.
(c) To submit an Order, you will be required to follow the online shopping process indicated on the Platform. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order. For the avoidance of doubt, An Order is only considered accepted by the relevant Seller upon your Order being shipped to the delivery address as notified by you to the relevant Seller.
(d) A Contract will relate only to those Products which are delivered to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
(e) All Orders are deemed to be irrevocable and unconditional upon transmission through the Platform and the Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in limited circumstances as stated in Clause 6, you may request to cancel or amend the Order which the Seller and/or we may endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, the Seller and/or we are not obliged to give effect to any request to cancel or amend any Order.
(f) All Orders shall be subject to acceptance by the Seller and/or us and each Contract shall constitute a separate contract. You acknowledge that unless you receive the delivery of an Order from the relevant Seller (via our Platform), the Seller shall not be party to any legally binding agreements or promises made between the Seller and you for the sale or other dealings with the Product(s) and accordingly the Seller and/or we shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, the Seller and/or we reserves the right to decline to process or accept any Order received from or through our Platform in its absolute discretion.
(g) While the Seller endeavours to provide an accurate description of the Products on the webpage(s) listing such Products, neither us nor the Seller warrants that such description is accurate, current or free from error. Product image as seen on the Platform may slightly differ from the actual Product that you receive. In the event that the Product which is delivered to you pursuant to an Order made is of a fundamentally different nature from the Product as described on our Platform and which you have ordered, Clause 7 shall apply.
(h) The warranties with respect to a Product ("Product Warranty") sold under a Contract (if any) shall be as stated by the Seller via our Platform, on the webpage for the relevant Product, and shall be limited by the terms and conditions stated therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. Where no Product Warranty is expressly stated on the webpage for the relevant Product, you acknowledge that all related Product descriptions, information and materials posted on our Platform with respect to such Product are provided "as is" and without warranties express, implied or otherwise howsoever arising.
(i) You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Seller which has not been stated expressly on the webpage for the relevant Product. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Customer Terms allocate risks between the parties and permit the Seller to provide the Products at lower fees or prices than the Seller otherwise could and you agree that such exclusions on liability are reasonable.
(j) Without prejudice to the generality of the foregoing, you acknowledge and agree that:
(i) no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions;
(ii) we or the Seller shall be under no liability for the following measures and actions taken by you or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without ourprior agreement, addition and insertion of parts, in particular of spare parts which do not come from or are approved in advanced in writing by us;
(iii) we or the Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by you or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or third parties’ failure to follow instructions provided by us or the Seller (whether oral or in writing), misuse or alteration or repair of the Products without our prior written approval;
(iv) we or the Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without YSG’s prior written approval and you shall indemnify us and/or the Seller (as the case may be) against all Losses arising out of such claims; and
(v) the Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty (if any).
4.3 Price and Payment
(a) The price of the Products payable by you shall be the price listed at which the Order placed by you is transmitted to the Seller via our Platform. All such prices are subject to taxes, unless otherwise stated. The Seller reserves the right to amend such prices at any time without giving any reason or prior notice.
(b) There may be instances where errors in the details, descriptions and prices which appear on this Platform in respect of each Product may occur. If we or the Seller discovers an error in the price of any Products which you have ordered we will inform you of this as soon as possible and reserve the right, at our sole discretion, to either cancel the relevant Order or give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(c) Where applicable, prices are inclusive of GST and are in Singapore Dollars. Delivery costs will be charged in addition where applicable; such additional charges will be clearly displayed.
(d) The Seller is under no obligation to fulfil your Order if the price listed on our Platform is incorrect (even after an Order Confirmation has been sent).
(e) You can pay using any of the payment methods prescribed by us from time to time. Similarly, you can pay all or part of the price of your Order using e-gift cards, wallet credit or a promotional voucher, where applicable. All payments shall be made to us, either accepting payment in our own right or as agent of a Seller. You acknowledge that we are entitled to collect payments from you on behalf of Sellers.
(f) E-gift cards and promotional vouchers must be entered at the check-out page on our Platform only. Physical presentation of vouchers to YSG personnel will not be accepted.
(g) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Your Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(h) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
(i) You agree that you are subject to the applicable user agreement of your chosen payment method. You may not claim against the Seller or any of its agents (including YSG) for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to discontinue, temporarily or permanently, any payment method without giving any reason or prior notice.
(j) If you fail to make any payment pursuant to the terms and conditions of the chosen payment method or payment is cancelled for any reason whatsoever, without prejudice to any other right or remedy available to the Seller, we and the Seller shall be entitled to cancel the Order or terminate the Contract or suspend delivery of the Products until payment is made in full.
4.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Platform, please contact us at [email protected] or via our live chat immediately. While we are under no obligation to correct such error or mistake, we will try our best to process your request.
4.5 Refusal of Order
We and the Seller reserve the right to withdraw any Products from our Platform at any time and/or remove or edit any materials or content on our Platform. There may be exceptional circumstances wherein, we or the Seller may need to refuse to process an Order after or the Seller we have sent you an Order Confirmation, which we and the Seller reserve the right to do at any time, at our sole discretion. Notwithstanding anything in these Customer Terms, we and the Seller reserve the right to cancel any Order at any time, for any reason whatsoever, at our sole discretion.
If your Order is cancelled and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We and the Seller will not be liable to you or any other third party by reason of our withdrawing any Product from this Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
5.1 Delivery of the Products shall be made to the address you specify in your Order either by the Seller or YSG (or its agents) on behalf of the Seller. Delivery and packing charges payable by you (if any) shall be as set out in the Order. You may track the status of the delivery at the "Order Tracking" page of our Platform.
5.2 You acknowledge that delivery of the Products is subject to availability. The Seller or YSG (or its agents) on behalf of the Seller will make every reasonable effort to deliver the Products to you within the delivery timeframe (which may be a range of dates) stated on the webpages relating to such Products (if applicable) but you acknowledge that in some instances, a Product may become unavailable between inventory updates. All delivery timeframes, including cross-border delivery timeframes, provided are estimates only and delays may occur. The time for delivery shall not be of the essence and the Seller or YSG (or its agents) shall not be liable to you for any Losses arising out of or in connection with any delay in delivery. In particular, you acknowledge that cross-border delivery timeframes may vary depending on the country of destination and external factors outside our control.
5.3 In the event you do not receive the Product by the projected delivery timeframe and provided that you inform us within 5 Business Days immediately from such projected delivery timeframe, the Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If we do not hear from you within 5 Business Days of such projected delivery timeframe, you shall be deemed to have received the Product.
5.4 Please note that it might not be possible for the Seller or YSG (or its agents) on behalf of the Seller to deliver to some locations in which event, the Seller or YSG will inform you using the contact details that you provide when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.5 All risk in the Product shall pass to you upon delivery, save that where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see Clause 5.6 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on our Platform in the future.
5.6 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of the first attempt to deliver the Product) accept delivery or collect the Product from the carrier or otherwise fails to be executed (including where (a) the delivery address (either physical or email) provided by you is incorrect, (b) where acceptance of delivery of Product is required, you being unable to accept the Product, (c) where you remain uncontactable after a certain number of attempts to deliver (for domestic shipping within Singapore, such number shall be 3 (unless otherwise specified) and for all other shipping, such number shall be as determined by the relevant carrier), we may (without prejudice to any other right or remedy available to us and/or the Seller) do either or both of the following:
(i) charge you for any fee and other costs reasonably incurred by us; or
(ii) no longer make the Product available for delivery or collection and notify you that we are immediately terminating the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract (for the avoidance of doubt, this excludes the value of any promotional vouchers or e-gift cards used while making payment for such Product), less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.6(a) above).
5.7 Notwithstanding delivery and the passing of risk in the Products or any other provision herein, the property in the Products shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Products and all other Products agreed to be sold by the Seller to you for which payment is then due.
5.8 Until such time as the property in the Products passes to you, you shall hold such Products as fiduciary agent and bailee of the Seller and shall keep the Products separate from those owned by you.
5.9 You shall immediately notify us of any matter from time to time affecting the Seller's title to the Products and provide us with any information relating to the Products as we may require from time to time. Until such time as the property in the Products passes to you(and provided the Products are still in existence and have not been resold), we shall be entitled at any time to demand you to deliver the Products to us and in the event of non-compliance we (on behalf of the Seller) reserve our right to take legal action against you for the delivery of the Products and also reserve our right to seek damages and all other costs including but not limited to legal fees against you.
5.10 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller but if you do so all moneys owing by you to us shall (without prejudice to any other right or remedy we have) forthwith become due and payable.
5.11 If the provisions in this Clause 5 are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and you shall take all steps necessary to give effect to the same.
5.12 You shall indemnify us against all Losses incurred by you in connection with the assertion and enforcement of our rights under this Clause 5.
6.1 If you wish to cancel your Order, please contact our Customer Service Team via [email protected] or live chat. No cancellation fees shall be applicable. Once an Order has been processed and packed or is otherwise in ready-to-ship status it may not be cancelled and you may only return the Products in accordance with Clause 7 below.
If an Order in part or in whole consists of an Outlet Product, Private Sales Product and/or Clearance Sales Product, the Order does not qualify for cancellation for whatever reasons. For the avoidance of doubt and where an Order consists of Products specified by YSG as “Non-Cancellable/Non-Refundable” at the point of sale, the Order shall not be cancelled for whatever reasons.
6.2 Without prejudice to any other right of termination elsewhere in these Customer Terms, the Seller or YSG acting on the Seller's behalf, may stop any Products in transit, cancel any Order, suspend further deliveries to you and/or terminate the relevant Contract with immediate effect by written notice to you on or at any time at its sole discretion for any reason whatsoever, including but not limited to where the following events occur:
(a) the relevant Products being unavailable for any reason;
(b) you being in breach of an obligation under the Contract and/or these Customer Terms;
(c) you passing a resolution for your winding up or a court of competent jurisdiction making an order for your bankruptcy, winding up or dissolution;
(d) the making of an administration order in relation to you or the appointment of a receiver over or an encumbrancer taking possession of your assets; or
(e) you making an arrangement or composition with your creditors generally or applying to a court of competent jurisdiction for protection from your creditors.
6.3 In the event a Product has been mispriced on our Platform, we and the Seller reserve the right to cancel any Order or terminate any Contract, in which event we shall, on behalf of the Seller, notify you of such cancellation in writing (in accordance with Clause 4.3(b) above). For the avoidance of doubt, we and the Seller shall have such right to cancel such Order or terminate such Contract, whether or not Products have been delivered or are in transit and whether payment has been charged to you.
7. RETURNS AND REFUNDS POLICY
7.1 Where you receive (a) a Product fundamentally different in nature from the Product as described on our Platform or (b) a faulty or damaged Product (each such Product, a "Faulty Product") or where you wish to return a product due to change of mind, you may return the Product to us by following the steps set out below:
(i) please contact our Customer Service Team via [email protected] or live chat within 24 hours from the date and time of successful delivery to you of the relevant Product;
(ii) please provide us with photographic evidence of the relevant Product and all other supporting documents, as necessary; and
(iii) where we accept your request for return, the relevant Product should be returned to us within 7 Days of our acceptance by way of trackable mail services.
Where the return involves a Faulty Product, we or the Seller shall bear all costs associated with the return or refund or replacement of the Product. Please contact us at [email protected] to arrange:
(A) pick-up of such Product; or
(B) where you are an overseas Customer, reimbursement for delivery of the Product to us, subject to a cap of S$10.00 per delivery (regardless of the number of Products to be returned). Please submit all applicable delivery/shipping receipts and invoices. Where you wish to return a Product due to change of mind, the return or refund or replacement of the Product shall be at your own cost and expense. All Products to be returned shall be un-used, Product tags shall not be tampered with, and the Products shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Platform.
For the avoidance of doubt, Outlet Products, Private Sales Products and Products specified by YSG as “Non-Cancellable/Non-Refundable” at the point of sale cannot be cancelled for whatever reasons and do not qualify for any returns and refunds.
7.2 All items must be received by us in order for a customer 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 at your cost and expense. Where we or the Seller has arranged for pick-up of such Products and the return is not accepted, we reserve the right to invoice you for such pick-up. We reserve the right to reject any requests for refunds, returns or replacements at our sole discretion, including without limitation where we deem or suspect that any transaction or request is fraudulent. With respect to a valid return, the Seller or YSG may (as applicable and at their sole discretion) offer you any of the following remedies:
(a) a partial or full refund of the price paid for the non-conforming Product (for the avoidance of doubt, this excludes the value of any promotional vouchers or e-gift cards used while making payment for such Product); or
(b) a replacement Product in place of the non-conforming Product,
and upon you accepting a remedy from the Seller or us as set out above, you shall have no further claim against the Seller or us as regards the non-conforming Product.
7.3 Where the Seller or YSG has provided replacement Products or given you a full refund, the non-conforming Products or parts thereof shall become the Seller's or YSG's property (as the case may be). The Seller or YSG may, at its sole discretion, request such non-conforming Products to be shipped back to the Seller or YSG at your cost and expense.
8.1 You may use promotional vouchers and e-gift cards while making payment for Products on our Platform. Specific details for promotional vouchers and e-gift cards are listed below.
8.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on our Platform.
8.3 Promotional vouchers must be entered at the check-out page online only. Physical presentation of vouchers to YSG personnel/Delivery staff will not be accepted.
8.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Platform, we reserve the right at any time to close or suspend your Account and/or require a different means of payment.
8.5 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
8.6 In rare cases, we may at our sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any Losses arising therefrom.
8.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on our Platform, which we will send to you either by email or notifications via our Platform:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) You may redeem only ONE voucher per promotional campaign, unless otherwise expressly stated. We reserve the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(d) The credit of a promotional voucher does not accrue interest, nor does it have a cash value.
(e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
(f) For cash vouchers stipulated for a specified sum or other vouchers, if you choose to return the product, you will not be refunded the value of such vouchers. However, if you paid partly with your own funds, this portion will be refunded.
8.8 Conditions for the redemption of e-gift cards:
You may purchase e-gift cards for use on our Platform by you or other Customers, which shall be sent to you via email. The conditions in Clause 8.7 above and below shall apply to e-gift cards.
(a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
(b) The credit of a e-gift cards does not accrue interest, nor does it have a cash value.
(c) If the credit of a e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
9. DISCLAIMER OF LIABILITY
9.1 The content displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, YSG and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any Losses whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
9.2 Nothing in these Customer Terms shall exclude or limit our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9.3 The remedies set out in Clause 7.2 are your sole and exclusive remedies for non-conformity of or defects/faults in the Products.
9.4 Notwithstanding anything in these Customer Terms, the aggregate liability of the Seller or YSG in respect of all Losses under, arising out of or relating to the sale of Products under each Contract shall not exceed the sums paid to the Seller under such Contract.
You agree to indemnify, defend, hold harmless YSG, its directors, officers, employees, consultants, agents, and affiliates, from any and all Losses (third party or otherwise) arising from your use of our Platform or your breach of any of these Customer Terms.
11.1 We place great value on our Customer satisfaction. If you have any concerns or complaints, you may contact us via [email protected] or live chat. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
11.2 In the event of a complaint it will be helpful if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.
12. PERSONAL DATA PROTECTION
Please see our Personal Data Protection Policy, which forms a part of these Customer Terms.
13. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
13.1 We or the Seller shall not be liable to you for any breach, hindrance or delay in the performance of a Contract or non-performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents; and
(g) health epidemics or pandemics as declared and recognised by the World Health Organisation.
13.2 In the circumstance that the Force Majeure event lasts for more than one (1) week, we may terminate the Contract forthwith by written notice and without any liability other than a refund of a Product already paid for by you and not delivered.
13.3 If the Seller has contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting its obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion on behalf of the Seller which Contracts will be performed and to what extent.
13.4 We reserve absolute discretion on the solution we adopt in fully meeting the Seller's obligations under the Contract despite the Force Majeure Event.
14.1 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipient’s address.
(b) Any notice given by email shall be deemed to have been served at the time of transmission.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 All content included in or made available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of YSG or its Sellers and/or content suppliers (as the case may be) and is protected by copyright laws and treaties around the world. All such rights are reserved by us and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Platform nor may you use any such content in connection with any business or commercial enterprise.
15.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of YSG in Singapore and other countries. Such trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Platform are the property of their respective owners, including the Sellers and/or our content suppliers (as the case may be).
15.3 Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.
15.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event we becomes aware of any infringement of its or its Sellers' and/or content suppliers' intellectual property rights, we shall not refrain from taking any relevant legal action.
15.5 If you print, copy or download any part of our Platform in breach of these Customer Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by us or our licensors.
No failure or delay by us or you in exercising any right under these Customer Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Customer Terms or a Contract. Unless otherwise provided under these Customer Terms, the provisions of these Customer Terms are cumulative and are without prejudice and in addition to any rights or remedies the Seller or YSG may have in law or in equity, and no exercise by the Seller or YSG of any one right or remedy under these Customer Terms, at law or in equity shall operate so as to hinder the exercise by the Seller or YSG of any other such right or remedy as at law or in equity.
If any clause in these Customer Terms or a Contract shall become or shall be declared by any court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Customer Terms or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Customer Terms or a Contract or all or any of your rights or obligations under these Customer Terms or a Contract.
Nothing in these Customer Terms or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
20. THIRD PARTY RIGHTS
A person who is not party to these Customer Terms or a Contract has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
21. GOVERNING LAW
These Customer Terms and any Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed by and construed in accordance with the laws of the Republic of Singapore. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore. In the event a dispute or difference arises between you and us as to any matter of whatsoever nature arising under these Customer Terms and any Contract or in connection therewith, both we and you agree to make best efforts to resolve such dispute or difference in good faith with a view to resolution of such dispute or difference. In the event of a non-resolution of such dispute or difference, the parties hereto may commence legal proceedings. For the avoidance of doubt, the parties hereto shall continue to perform their legal obligations as set forth in these Customer Terms and/or any Contract (without prejudice to any right or remedy available to such parties), pending resolution of any dispute or difference. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Customer Terms and our policies at any time at our sole discretion without prior notice. All amendments to these Customer Terms, including our policies will be posted on our Platform and be effective immediately. Your continued use of our Platform constitutes acceptance of the amended Customer Terms.
23. ENTIRE AGREEMENT
23.1 These Customer Terms shall apply to your use of the Platform and all Orders and Contracts made or to be made by us or any Seller for the sale and supply of Products. These Customer Terms and Condition constitute the entire agreement between you and us and supersede any and all preceding and contemporaneous agreements between us.
23.2 You acknowledge that by entering into a Contract and/or agreeing to these Customer Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Customer Terms and/or such Contract, except as expressly stated in these Customer Terms and/or such Contract.