WhyBates Enterprise Pte Ltd – Terms and Conditions
1.Information
1.1 This website www.whybates.sg is solely operated by WhyBates Enterprise Pte Ltd (“WhyBates”). WhyBates (UEN No: 199305904k ) is registered in Singapore, with our registered office at 35 Jalan Pemimpin Wedge Mount Ind Building #02-01 Singapore ( 577176 ) .
1.2 Our GST Registration Number is M2-01176140.
2. Formation of Contract
2.1 By placing an order with us through our site, e-mail or via our authorised company representatives, you warrant that you are legally capable of entering into binding contracts.
2.2 Your order constitutes an offer to WhyBates to buy our product(s). All orders, whether placed via e-mail, telephone and/or this website are strictly subject to acceptance by us, and we will confirm such acceptance either via our telephone conversation or e-mail. The contract between you and WhyBates will only be formed when we deliver the items to you and upon you making full payment for the same.
2.3 Subjected to actual availability of our products, any item orders may be replaced with alternatives subject to an oral or written confirmation from you. In the event that any item(s) cannot be replaced, we will contact you to give you the option to cancel the original order. If payment has been made for the original order, you will have to contact us for a refund.
2.4 Payment must be made in full by the payment option that you select when you check out your order(s).
2.5 Our product(s) should be checked upon receipt and you should inform us of any product defects within 7 days. For us to accept any returns, the product(s) ordered must be verified by WhyBates and we must be satisfied with the condition of the product(s) following our said examination. This is subject to our company policy/procedure as follows:-
(a) You as the customer will go down to our main office and show the alleged defective product to our authorised representatives to check;
(b) Once the product is examined and only if we find it to be defective, we will take the defective product and the receipt from you and in turn replace it with a new product or allow a refund;
(c)However, if the product has been consumed a few times, the replacement product must be of the same type as the original product. For example, if a bottle of Lavender Essential Oil is found to be defective, it can only be replaced with another bottle of Lavender Essential Oil, not any other Essential Oil; and
(d) In the event that you wish to return the product(s), you will have produce the original receipt for any replacement or refund.
2.6 In the event that you claim that the quantity of products delivered fall short of the quantity delivered, you are to notify us of the same within 48 hours from the date of delivery. We shall bear no liability in respect of such alleged shortfall if you do not notify us accordingly, and you are bound to pay the full price as quoted as though the products had been delivered in accordance with the Contract.
3. Price and Payment
3.1 The price of any of our products are as quoted by our authorised company representatives or as stated in our website. In the event of any error(s) in pricing, you may highlight it to us within a reasonable period of 7 days and we will charge the correct amount when we dispatch the product to you or when you collect the said product(s) from us.
4. Passing of Property
4.1 WhyBates shall retain the title of the product(s) and the same shall not pass to you until full payment of the purchase price for the product(s) has been made by you and has been received by WhyBates.
4.2 Irrespective of whether title to the product(s) remains vested in WhyBates, risk in the product(s) shall pass to you upon delivery.
5. Limitation of Liability
5.1 WhyBates does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or process disclosed on this website or other contents accessible from the website.
5.2 In no event shall WhyBates be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortious action), arising out of or in connection with the use of or inability to use the website, delays, inaccuracies or errors in the information or in the transmission of the website, or any information or transactions provided on or over the website or downloaded or hyperlinked from the website, or performance of the contents on the website.
6.Indemnity
6.1 You agree to defend, indemnify and hold harmless WhyBates, its directors, officers, employees, suppliers, licensors, agents, and any third-party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of our website, your access or connection to the website, your violation of these Terms and Conditions, or your violation of any rights of another. These obligations will survive any termination of your relationship with WhyBates or your use of our website. WhyBates reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with WhyBates in asserting any available defences.
7. Force Majeure
7.1 WhyBates shall not be liable for any delay or non-performance of any of its obligations where it arises from any cause or causes beyond its reasonable control, including but not limited to the following Force Majeure events:-
i. Any act(s) of God, strikes, acts of war or terrorism, nuclear event, impossibility of any means of public or private transport, impossibility of the use of public or private telecommunications networks, or other causes reasonably beyond its control.
8. Waiver
8.1 WhyBates’ failure to insist upon or enforce the strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right and shall not relieve you from compliance with such obligations.
8.2 Any waiver by WhyBates of any default is not to be construed as a waiver of any subsequent default.
8.3 Any waiver by WhyBates of any of these Terms and Conditions is effective only if it is expressly stated to be a waiver and in written form.
9. Entire Agreement and Variation
9.1 These Terms and Conditions constitute the entire agreement between you and WhyBates with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, representations, inducements, undertakings and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
9.2 These Terms and Conditions control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms.
9.3 We have the right to revise and amend these Terms and Conditions from time to time.
9.4 You are subject to the Terms and Conditions in force at the time that you order the product(s) from us, unless changes to these Terms and Conditions are required by law or governmental authority (in which case this applies to orders previously placed by you) or if we notify you of any change to the Terms and Conditions.
10. Severability
10.1 Any part or provision of these Terms and Conditions which is prohibited or which is held to be void or unenforceable by a competent Court of law shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
11. Governing Law and Jurisdiction
11.1 Any contract formed with WhyBates for the purchase of products through this site shall be construed with and governed by the laws of the Republic of Singapore.
11.2 Your access to and/or use of this website, as well as these Terms and Conditions shall be governed by the laws of the Republic of Singapore.
11.3 Any dispute which may arise under these Terms and Conditions shall be under the exclusive jurisdiction of the Courts of the Republic of Singapore.