Please read these Terms and Conditions carefully before using our website www.fenlyn.com (the “Site”) and/or our Products and/or Services, so that you are aware of your legal rights and obligations with respect to Fenlyn (“we”, “our” or “us”).
You must be over thirteen (13) years of age and must not have been suspended or removed by Fenlyn for any reason. If you are below the stipulated age, you must obtain the consent of your parent or legal guardian to use the Site and agree to the Terms. Use of our site is void where prohibited by the law.
You further acknowledge that, in entering into this Contract, you have not relied on any representation, undertaking or promise given by the us or implied anything said or written between you and us prior to the Terms and Conditions, except as expressly stated in these Terms and Conditions.
SITE & SERVICES
- The Site is owned and maintained by Fenlyn.
- Fenlyn operates an online fashion accessory store based in Singapore through the Site, which offers one or more of the following features, products and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of fashion accessory products:
- access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;
- search engines or tools;
- blogs, comment boards, communication tools;
- email or message alerts; and
- any other services, features, content or applications that Fenlyn may offer through the Site from time to time in our sole and absolute discretion.
- Fenlyn reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services & Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- You must not misuse the Site in a manner that may attract criminal liability under the Computer Misuse and Cybersecurity Act 2018. You shall not 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 the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2018.
- You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
- any Service;
- the Site;
- any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”),
- except, to the extent permitted, with the prior written consent of Fenlyn or unless expressly permitted in these Terms & Conditions.
- Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Fenlyn.
- The Site and all Content are the copyrighted work of Fenlyn or our content or software providers, and Fenlyn reserves and retains all rights in the Site and Content.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content, except under the specific circumstances expressly permitted by law or Fenlyn in writing.
- You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
- Users of the Site (“Members”) agree to not use the Site for the following purposes:
- Posting, communicating or transmitting any material that infringes on any Intellectual Property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or Fenlyn’s network, or attempting to use the Site to gain unauthorised access to any other computer system;
- Using the Site to drop ship merchandise to third parties; and
- Framing portions of the Site within another website, selling use of, or access to the Site to any third party without Fenlyn’s prior written consent.
- To access certain parts of the Site or Services, you will be required to sign-up for an account with Fenlyn (“Account”) and select a user name (“User Name”) and password (“Password”).
- You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to:
- share or permit others to use your Account or Password; or
- assign or transfer your Account to any other person or entity.
- You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Fenlyn shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: firstname.lastname@example.org. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.
- Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.
- Where fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
- cancel any orders placed through such Account(s);
- cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s) and charge full price for items purchased;
- prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Fenlyn; and/or
- suspend and/or terminate Account(s).
ORDERS, PRICING & PAYMENTS
- The information set out in the Terms and Conditions and the details on this Site do not constitute an offer for sale, but simply an invitation to treat. All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms & Conditions.
- All orders shall be subject to acceptance by Fenlyn. No contract in respect of any Products shall exist between you and us until we have shipped the Products to your address. An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you. Processing of payment for an order shall not in itself constitute acceptance of the order by Fenlyn, provided that where an order for any product(s) is rejected or cancelled by Fenlyn, any payment made for such order shall be reversed or refunded by Fenlyn in accordance with our prevailing refund policy at such time.
- All orders made by you are subject to stock availability. Fenlyn reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoiled, or unavailable for any other reason. Fenlyn reserves the right to limit your order or the quantity of a particular product you may order.
- A Contract will relate solely to products that are delivered to you. If your Order consists of multiple Products, these Products may be delivered to you in separate packages at separate times.
- Mistaken Order(s): In the event that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com who will try to assist you in this regard.
- Refusal or Order(s): We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on the Site. Fenlyn will make its best efforts to always process all Order(s), but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If we cancel your Order(s) and you have already made payment, such payment amounts will be fully refunded to you. However, we will not be liable to you or any other third party by reason of our withdrawing any Product from the Site, whether or not it has been sold, removing or editing any materials or contents on this Site or for refusing to process or accept Order(s).
- Product Information, Pricing and Payment
- Fenlyn endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that Fenlyn shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our Services. If a product offered by Fenlyn itself is not as described, your sole remedy is to return it in unused condition.
- If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- Payment for all orders shall be made in Singapore dollars.
- We accept payment for orders by Direct Bank Transfer, PayNow, MasterCard, Visa and PayPal only. Kindly note that PayPal currently accepts MasterCard, Visa, American Express and Discover cards, and the credit/debit cards and payment methods accepted by PayPal is subject to change. Fenlyn is unable to accept paper checks, food stamps, or third-party coupons.
- By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
- Fenlyn will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Fenlyn reserves the right to collect funds for any uncollected transactions owed to it. Fenlyn may charge a fee of S$5 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing.
- If you fail to pay any fees or charges when due or if a redelivery or restocking fee is imposed, Fenlyn may charge such amount directly to the credit card identified in your Customer Account Information and Fenlyn may suspend or terminate your access to Fenlyn services. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Fenlyn may incur in its efforts to collect any unpaid balances from you. Your right to use the Fenlyn services is subject to limits established by Fenlyn and/or by your credit card issuer.
QUALITY OF PRODUCTS
- Should the user has an allergic reaction to any of the materials used in product, please stop using these products immediately and seek doctor’s advice.
- Fenlyn is only a distributor of fashion accessory products and cannot be held directly responsible for any adverse effects any of the products have on the user. However, to the best of our abilities, we try to ensure that we ship out products that are safe for usage.
PROMOTIONS, VOUCHER CODES & OTHER PRIVILEGES & PROGRAMMES
- Promotions, contests, privileges, and programmes are only valid for the time period specified by Fenlyn and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock.
- The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
- Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Fenlyn .
- Voucher Codes may only be redeemed by purchasing certain products from Fenlyn during the applicable validity period.
- Use of any Voucher Code must be indicated at the time of checkout, and all information required by Fenlyn must be provided. No retroactive use of the Voucher Code is permitted.
- Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.
- A minimum spend may be required before use of the Voucher Code is permitted.
- Voucher Codes cannot be refunded, redeemed or exchanged for cash.
- Resale, transfer and sharing of Voucher Codes are strictly prohibited. In spite of the above, gift vouchers, if offered by Fenlyn , may be purchased by you and given to others.
- No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.
- Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
- Fenlyn reserves the right to verify the validity of any Voucher Code and to declare null and void and charge full price for items purchased, any Voucher Code that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
- Fenlyn reserves the right to vary or impose such other terms and conditions, as we deem appropriate from time to time by posting the varied terms and conditions on the Site.
- Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.
- Where you are permitted to return any product to Fenlyn for a refund/credit and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, Fenlyn may charge the delivery fee and/or the full value of the order without the promotion.
- Fenlyn’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.
- Fenlyn reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.
DELIVERIES & RETURNS
- Delivery slots are subject to availability.
- Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.
- We aim to deliver your Order(s) to you within 2-4 working days. However, we shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Fenlyn will take every effort to accommodate you. However, 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 you provide us with when you place your Order and subsequently arrange for cancellation of the Order or delivery to an alternative delivery address.
- Fenlyn will endeavour to deliver the products to your delivery address within the delivery time frame preferred by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that Fenlyn shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.
- Please notify Fenlyn immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of S$10.00.
- Fenlyn aims to provide our customers more options for receiving their orders. For certain deliveries, Fenlyn provides the option for having your orders left at your doorstep as an “Unattended Delivery.” Please note that some orders won’t be eligible for Unattended Delivery. While our goal is to honour your preferences whenever possible, we can’t guarantee that our drivers will be able to meet these instructions under all circumstances. Please note that if you selected an Unattended Delivery and no one is available to accept delivery of the order, the Driver will leave your order unattended on or in front of your premises. While we encourage you to retrieve your items as soon as possible once delivered. Where you specifically instruct Fenlyn to leave your delivery outside the door of the specified delivery address, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft, and damage. For all other deliveries, please arrange for someone to receive the delivery and sign off the delivery invoice or device.
- If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Fenlyn reserves the right to charge a re-delivery or cancellation fee of S$10.00.
- All risk in the product(s) shall pass to you upon delivery, expect that, where delivery is delayed due to a breach of your obligations under a Contract, 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 products. Any breach of obligations by you might impact your ability to shop at Fenlyn in the future.
- You acknowledge that the products are standard and not made bespoke or to fit any particular requirements that you may have.
- We deliver in our standard packing. Gift-wrapping is available for our events upon request and is subject to additional charges.
- We ask that you please check your order upon delivery. If there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 3 days of your delivery date at firstname.lastname@example.org. Fenlyn at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
- If you are unsatisfied with Fenlyn or any individual product in Fenlyn, you may return it to us within three (3) days of the delivery. This policy is applicable only to those products that do not fall under the list of non-refundable items provided for on our Site.
- We ask that all returned products are not used or expired, tags not tampered with and in the original box and/or packaging. You shall ensure that the item you are returning is in the same condition as it was received by you and is packaged properly. Fenlyn reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where Fenlyn exercises its right to inspect the Product, Fenlyn’s decision in respect of such returned products shall be deemed final and binding on you. This policy is applicable only to those products that do not fall under the list of non-refundable items provided for on our Site.
- To request a refund, please contact us at email@example.com.
- The copyright, patents, trade marks, registered designs and all intellectual property rights in the Products, Services, the Site, and all Content shall vest in and remain with Fenlyn and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Fenlyn for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Fenlyn is strictly prohibited. You acknowledge that Fenlyn and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Fenlyn reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Fenlyn.
- The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of Fenlyn and other third parties, and all rights to the Marks are expressly reserved by Fenlyn and relevant third parties. You are not permitted to use the name of Fenlyn or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Fenlyn or such third party.
- The domain name on which the Site is hosted on is the sole property of Fenlyn and you may not use or otherwise adopt a similar name for your own use.
- You must not use any part of the content of our site for commercial purposes without obtaining a license to do so from our licensors or us. In the event that Fenlyn becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
COMMENTS, FEEDBACK & OTHER INFORMATION
- By submitting or posting any materials on the Site or on any of Fenlyn linked social media accounts, you grant Fenlyn a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that such materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have full ownership rights to grant Fenlyn the license specified above. You further represent, warrant or covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene materials. Fenlyn will be entitled to use any content you submit without incurring obligations of confidentiality, attribution or compensation to you.
- All contributed content is subject to the terms set forth below and in our Terms and Conditions, which include our policy regarding copyright and/or other intellectual property right(s) infringement.
- We reserve the right not to post your content if it contains the following types of content or violates other guidelines: defamatory, abusive, or threatening content which violates the legal rights of others; obscene, discriminatory or inappropriate language, advertisements or spam content, references to other products, offers and websites; email addresses, URLs, phone numbers, personal addresses or other forms of contact information; unduly critical or spiteful comments of other content posted on the page or with regard to other authors; files that contain software or other material protected by Intellectual Property laws unless you are the owner or licensor of such material and; content that has viruses, corrupted files or other similar software or programs that may damage the operation of another’s computer. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. Fenlyn reserves the right (but not the obligation) to review, remove or edit such content.
- You hereby grant Fenlyn a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as Fenlyn may require at its sole discretion. You further agree that Fenlyn may use and publish your name in connection with such Comments.
DISCLAIMERS & LIMITATIONS
- While we make every effort to ensure that the Site, Services and all Content is accurate and complete, we provide the Site, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Fenlyn disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Fenlyn does not warrant that the functions contained in or access to the Site, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or any Content in or with any device will not affect the functionality or performance of the device. Fenlyn does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.
- The Site and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guaranty as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site or Services. Your use of the Site or Services and any third party services or products remains solely with you to the maximum extent permitted by law.
- Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on this Site. Use of this Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging insets and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
- You agree that:
- Fenlyn shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
- access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors;
- Fenlyn Site, and Service may be subject to limitations, delays, and other problems inherently and in any such event, Fenlyn shall not be liable for any loss, liability or damage, which may be incurred as a result.
- In no event shall Fenlyn be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Products, Services, the Site, Content or any other website or device. In the event that Fenlyn is liable for damages despite the foregoing provision, you agree that Fenlyn ’s aggregate liability to you for any and all causes of action in relation to:
- in all other cases (including any use of the Site or Services), shall not exceed S$1.
- In no event shall Fenlyn be liable for any indirect, special, consequential, or incidental damages that result from the Product, Services, Site or Content, or your use of, or the inability to use, the Services, Site, Content or any other website or device, even if Fenlyn or a Fenlyn authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Fenlyn at either reasonable costs or no costs to you.
- Fenlyn may provide links, plug-ins, widgets or other connections to other sites (“Linked Sites“) that may be of relevance and interest to users. Fenlyn has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. Fenlyn does not endorse, recommend or guarantee any of the Linked Sites, and Fenlyn expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
SECURITY & PRIVACY
SUSPENSION & TERMINATION
- You agree that Fenlyn has the right in its sole and absolute discretion and without notice or liability to:
- restrict, suspend, or terminate your access to all or any part of the Site Services; and/or
- terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
NOTIFICATION OF INFRINGEMENT
- Fenlyn reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, Products, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or Services, please notify Fenlyn in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
- All Infringement Notices shall be sent to Fenlyn addressed as follows:
Address: FENLYN, 10 Petain Road, Singapore 208089
Attn: Director, Legal & Government Affairs
- The notification must be in writing or emailed to firstname.lastname@example.org and contain the following information: identification of the copyrighted work(s) claimed to have been infringed upon, identification of the material that is claimed to be infringing on any intellectual property rights that is to be removed or which requires disabled access, all details and information reasonably sufficient to permit the service provider to locate such infringing material, information to allow the service provider to contact the aggrieved party (eg address, telephone number, email address at which this party may be contacted at), a statement that the aggrieved party has bona fide belief that use of such infringing material is not authorised by the correct copyright or intellectual property right owner, its agent or the law and finally, a statement that this information in the notification is accurate and that the aggrieved party is authorised to act on behalf of the owner of such an infringed intellectual property right.
- Fenlyn will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Fenlyn in respect of any Infringing Material, unless you have first given Fenlyn the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Fenlyn refuses or fails to remove the Infringing Material within a reasonable time. Where Fenlyn removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Fenlyn under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Fenlyn .
- You acknowledge and agree that Fenlyn has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
- Fenlyn shall perform its obligations under these Terms and Conditions with reasonable skill and care.
- Fenlyn cares deeply about our customer service and satisfaction. You may contact us at any time (via emailing email@example.com) and we will attempt to address your concerns as soon as possible.
- In the event of a complaint, it will help us if you can described specifically the object of your complaint and, where applicable, send us copies of your Order. In rare cases where your emails may be caught up in our spam filters and not reach us, or correspondence that we send you may otherwise not have reached you. Should you not have received a response from us within five (5) Working Days, please make further enquiries as you deem fit.
- Fenlyn makes no representation that the Products or Services and Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
RELATION OF PARTIES
- The Terms shall apply to all Orders and/or Contracts made or to be made by us for the sale and supply of our products. These Terms and Conditions constitute the entire agreement between Fenlyn and you and serve to supersede any or all-preceding and contemporaneous agreements between us. Any waiver of any provision of the Terms and Conditions will be effective if in writing and signed by an authorised signatory of Fenlyn.
- A failure by Fenlyn to exercise or enforce any rights conferred upon us by these Terms & Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- If any Force Majeure event lasts for more than one (1) week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund of Order(s) already paid for by you and that have yet to be delivered.
- We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure event.
GOVERNING LAW & JURISDICTION
- You hereby agree to submit to the non-exclusive jurisdiction of the Singapore courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.