Terms of Service
Please note that the following terms of use and related laws and regulations govern your access to and use of the Website provided by the Company (hereinafter referred to the “Website”). If you do not agree to the following Terms and Conditions, please refrain from using the Website.
Last updated on: 7 June 2023
Terms & Conditions
These terms and condition (i.e. the Terms) govern your purchase of the products (as defined below). Please read these Terms carefully.
By placing an Order (as defined below) on the Website or by making a purchase of Products through the Website, you are agreeing to be bound by these Terms. If you do not agree to all of the terms of these Terms, you must not place an Order on the Website nor make a purchase of Products through the Website. This is a contact between (a) you (i.e. the Customer): and (b) Brainman Holdings Pte Ltd. (“Brainman Holdings”) (UEN: 201500677N), a Singapore incorporated company with its registered address 10 Kaki Bukit Avenue 4, #07-66, Premier @ Kaki Bukit, Singapore 415874. Throughout the Website, the terms “Suzuran Baby Singapore”, “we”, “us”, and “our” refer to Brainman Holdings Pte Ltd.
1. Interpretation
1.1 In These Terms:
“Acceptance” or “Accept(s)” means Suzuran Baby Singapore accepting an Order from a Customer after having received such Order, by issuing the said Customer an Order Conformation Email.
“Order Confirmation Email” means an electronic mail issued by Suzuran Baby Singapore to the Customer’s registered email address with Brainman Holdings, acknowledge and Accepting the Customer’s Order.
“Customer” means the person who Orders or purchases Product(s) from Suzuran Baby Singapore, acknowledge and Accepting the Customer’s Order.
“Customer Data” means all data including personal data that the Customer may provide or send to Suzuran Baby Singapore or that Suzuran Baby Singapore may receive from the Customer in the course of Suzuran Baby Singapore dealing with the Customer’s Order and performance of the Contact. This includes personal data or Recipients that are provided by the Customer.
“Contact” means the contract for the sale by Suzuran Baby Singapore and purchase by the Customer of the Products (s) that had been Ordered by the Customer and Accepted by Suzuran Baby Singapore, with the terms of the Contract being these Terms.
“Delivery Address” means the address for delivery of the Ordered Products as provided or specified by the Customer for the Order.
“Delivery Due Date” means the delivery date of the Products (s) as stated during the checkout processes when customer selects the shipping option: Standard delivery (2-3 working days upon dispatch). Express shipping (1-2 working days upon dispatch), or such other date as may be subsequently agreed to by the Parties.
“Delivery Expense” is defined at Clause [8.1].
“Final Price” means the Price of the Products with Delivery Expense added to it.
“Guidelines” means any and all additional terms, guidelines, policies and/or rules prescribed or issued by Suzuran Baby Singapore with respect to the Order, the purchase of the Products by the Customer, the delivery of the same, and /or any other matters related to the Order of the Products, whether existing now or issued by Suzuran Baby Singapore at a future date, and which forms part of these Terms between Suzuran Baby Singapore and the Customer and that may be posted by Suzuran Baby Singapore on the Website, including any revised or amended version of the same issued by Suzuran Baby Singapore from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to the Customer and the Customer is deemed to have accepted the same, from the time it is published on the Website.
“Intellectual Property Rights” or “IPR” means all vested, contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, trademarks, logos, service marks, devices, plans, models, diagrams specification, source and object code, material, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.
“Non - refundable Products” are Ordered Products which cannot be returned to Suzuran Baby Singapore for a refund as set out in Schedule 1.
“Order” means the action of the Customer in placing an order for Product(s) from the website, such as by submitting a request to purchase the Product(s) through the website, whether by clicking the button on the Website or completing the Website ordering process for the Product. “Ordered” shall be construed accordingly.
“Parties” or “parties” means Suzuran Baby Singapore and the Customer.
“Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organization has or is likely to have access.
“Price” means the price of the Product(s), as computed in the manner as set out in these Terms and in clause [6.2].
“Privacy Policy” means Suzuran Baby Singapore’s privacy policy which describes how Suzuran Baby Singapore handles personal data including setting out the Purposes, which may be found at: https://.
“Purposes” means the purpose of collection, use, disclosure and/or processing of an individual’s personal data as set out in the Privacy Policy.
“Recipients” means addressee(s) and/or recipient(s) of Order Product(s). Such Recipients could be the individual representative of a Customer or any individual who receives the Product(s) at the delivery destination.
“Shipment Status Email” is defined as clause [7.4].
“Specifications” means the description of the Product(s), as found on the Website.
“Terms” means the terms and conditions of sale set out in this document.
“Website” shall mean the website of www.suzuranbaby.sg by which the Product(s) are presented for browsing by a Customer, for the Customer to Order.
1.2 Any reference in these Terms to a statute or a provision of a statute shall be construed as a reference to the statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
2. Use of the Website
2.1 Customers shall use the Website only for lawful purposes. Customer shall not use the Website:
a) In any way that breaches any applicable law, regulation of code of practice;
b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) For the purpose of harming or attempting to harm minors in any way;
d) To send, knowingly receive, upload, download, use or re-use any material which:
I. Is defamatory, obscene, hateful, discriminatory or inflammatory;
II. Promotes violence, discrimination or illegal activity; or
III. Infringes any Intellectual Property Rights, right of confidentiality or right to privacy;
e) To generate and/or cause congestion to Suzuran Baby Singapore’s network traffic in excess of reasonable and normal usage;
f) To cause any disruption, interference, interruption or degradation in Suzuran Baby Singapore’s network and/or the Website: or
g) To knowingly transmit any data, send or upload any material that contains any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technically harmful program, data or code.
2.2 The Customer shall ensure that all information supplied by the Customer on the Website is accurate, current and complete and the Customer is solely responsible for accessing and/or using the Website and its materials herein.
2.3 From time to time, Suzuran Baby Singapore may without penalty or liability, disable any Customer account registered with Suzuran Baby Singapore, if Suzuran Baby Singapore is of the opinion that the Customer failed to comply with these Terms.
3. Links to other Websites
The Website may contain links to other websites and resources operated by third parties, including third party payment system providers. These links are provided for the Customer’s information only. Suzuran Baby Singapore has no control over the content and the information contained in those websites or resources and accepts n responsibility for them for any loss or damage that may arise from the use of them. By using the Website, the Customer expressly relieves Suzuran Baby Singapore from any and all liability arising from the Customer’s access and use of any third-party website.
4. Basis of Purchase
4.1 The website is intended for the Customers who are at least 18 years of age. Orders are to be only placed by an individual who is at least 18 years of age. By placing an Order, the Customer declares that he is 18 years of age and above.
4.2 When the Customer makes an Order, the Order constitutes an offer by the Customer to Suzuran Baby Singapore for Suzuran Baby Singapore to sell the Product(s) Ordered, based on and subject to these Terms. Under no circumstances does an order in itself amount to a Contact. All Order shall be subject to Acceptance by Suzuran Baby Singapore. No Contract for an Order is formed or concluded, unless and until Suzuran Baby Singapore Accepts the Order in Question. Until a Contact for an Order is formed, no Order is binding on Suzuran Baby Singapore. Suzuran Baby Singapore is under no obligation whatsoever to the Customer to Accept any order. For the avoidance of doubt, the processing of payment by Suzuran Baby Singapore of an Order, shall not in itself constitute Acceptance of the Order by Suzuran Baby Singapore.
4.3 There terms and any Guidelines shall apply to the Order for or purchase of any Products by the Customer from Suzuran Baby Singapore through the Website.
4.4 The Parties acknowledge that a Contact is formed and is legally binding on the Parties only upon the satisfaction of the following events in the order as set out below:
a) The Customer makes an Order; and
b) Suzuran Baby Singapore Accepts the Order by sending an Order Confirmation Email to the Customer’s registered email address with Suzuran Baby Singapore.
4.5 In order for Suzuran Baby Singapore to Accept the Order, the Customer shall complete payment of the Final Price when the Customer makes an Order.
4.6 Suzuran Baby Singapore shall assign an order number to the Customer for each Order once Suzuran Baby Singapore has Accepted the Customer’s Order.
4.7 The purpose of this provision is to provide for a situation where if for some reason Suzuran Baby Singapore fails to send an acceptance by way of “Order Confirmation Email”, but delivers the ordered product to the customer, then this clause provide that it is deemed that there is a contact between Suzuran Baby Singapore and Customer of the products.
5. Specification
5.1 The description of the Product(s) shall, subject as provided in these Terms be as specified in any applicable Specifications for the Product(s).
5.2 While Suzuran Baby Singapore takes reasonable care to ensure that the Specifications are reasonable accurate, such Specifications, subject to certain exceptions such as pricing information, are based on data provided by Suzuran Baby Singapore’s suppliers. Therefore, Suzuran Baby Singapore shall not be liable for any and all errors in the Specification. Suzuran Baby Singapore makes no warranty nor guarantee as to the accuracy of the Specifications for the Product(s). Without prejudice to the generality of videos of the Products presented, showcased, displayed, broadcasted and make available on the Website are for illustrative purposes only.
5.3 The Customer acknowledges and agrees that any description given of or applied to the Product(s) by Suzuran Baby Singapore:
a) Is only for the purpose of identifying the Product(s);
b) Shall not make the Contract a sale by description; and
c) Is not relied on by the Customer when entering into the Contract.
5.4 Subject to the foregoing, in an event of erroneous Specification, Suzuran Baby Singapore encourages the Customers to at sales@suzuranbaby.sg. To the extent not prohibited by applicable law, Suzuran Baby Singapore expressly disclaims liability for all errors and omissions in the Specification.
5.5 The availability of the Products presented on the Website depends on availability of stock and Suzuran Baby Singapore does not guarantee the availability of the Products.
6. Price of the Product(s)
6.1 While Suzuran Baby Singapore shall use reasonable effort to ensure that the Price of the Product(s) detailed on the Website is correct, Suzuran Baby Singapore reserves the right to vary the Price of the Products(s) on the Website, at any time and without notice.
6.2 They are exclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Product(s) to the Delivery Address including being exclusive of any duties, impositions or levies, all of which shall be additionally payable by and be the responsibility of the Customer.
6.3 In the event that a Product is mispriced, Suzuran Baby Singapore may, at its own discretion, cancel the Customer’s Order and notify the Customer of such cancellation, whether or not the Product(s) have been dispatched or that payment has already been made, without incurring any liability to the Customer. Where payment has already been made for a Product under a cancellation Order, Suzuran Baby Singapore shall refund the monies paid by the Customer for that Product to the Customer’s credit card account that was used to make payment for that Product. Although Suzuran Baby Singapore will begin processing the refund within 3 working days after notifying the Customer of the cancelled order, the processing of payment may take a longer time as it is subject to the respective banks and/or payment provider internal processing timeline.
7. Making of Orders
7.1 By making an Order, the Customer agrees to pay the Final Price for the Products Ordered, in accordance with these Terms. Upon making an order, the Customer authorizes Suzuran Baby Singapore to charge the Customer the Final Price.
7.2 Once an Order has been placed on the Website, it may not be cancelled and Suzuran Baby Singapore shall be entitled, but not obliged, to process such an Order without Customer’s consent.
7.3 Suzuran Baby Singapore has absolute discretion to Accept an Order or to Reject an Order, for any or no reason whatsoever. For the avoidance of doubt, Suzuran Baby Singapore shall not incur any liability to the Customer arising from Suzuran Baby Singapore’s rejection of the Customer’s Order. Should Suzuran Baby Singapore choose to Accept the Order, Suzuran Baby Singapore shall (but not obliged to) send an Order Confirmation to the Customer’s registered email address with Suzuran Baby Singapore, subject to clause [4.7]. The Order Confirmation Email may include (as determined or modified by Suzuran Baby Singapore at its discretion):
a) The Product(s) purchased by the Customer and Price;
b) Details of the Customer such as the Customer’s name, contact details, Delivery Address; and
c) Other details relating to the Order, which may include but is not limited to, order number, delivery instruction provided to the Customer and notice of the unavailability of certain Products(s).
7.4 Suzuran Baby Singapore shall (but is not obliged to) send an email to the Customer’s registered email address with Suzuran Baby Singapore to provide the Customer an update on the status of the shipment of the Product(s) purchased by the Customer (“Shipment Status Email”). The Shipment Status Email may include (as determined or modified by Suzuran Baby Singapore at its discretion):
a) Product tracking number
7.5 Where an Order is made and the Product(s) is unavailable:
a) If Suzuran Baby Singapore does not wish to Accept the Order (such as because the Product is out of stock and will no longer be offered for sale by Suzuran Baby Singapore, or for any other reason) and the Customer has already made payment for the Product, Suzuran Baby Singapore shall refund the monies paid by the Customer for that Product: or
b) Because it is temporarily out of stock, the Customer will have a choice to either cancel part of the Order which contains the unavailable Product(s), or to accept any delay in the delivery of the Product(s) as may be specified by Suzuran Baby Singapore
7.6 Suzuran Baby Singapore reserves the rights to set the rules and policies regarding the payment methods and to make changes from time to time to such rules and policies. The payment for Products purchased from the Website by any Customer may be made via any methods that may be permitted by Suzuran Baby Singapore.
8. Delivery
8.1 Airfreight, shipment and/or delivery of the product(s) shall be wholly at the Customer’s expense (“Delivery Expense” )..
8.2 Suzuran Baby Singapore shall use reasonable endeavors to deliver the Product(s) by the Delivery Due Date to the Delivery Address. Should Suzuran Baby Singapore fail to deliver the Product(s) by the Delivery Due Date, Suzuran Baby Singapore shall use reasonable endeavors to deliver the Product(s) as soon as reasonably practicable thereafter. For the avoidance of doubt, the Delivery Due Date is no more than an estimate, and time shall not be of the essence. Notwithstanding anything that may be to the contrary, neither Suzuran Baby Singapore nor its delivery provider shall be liable for any delay in delivery howsoever caused.
9. Returns and Refund Policy
9.1 Purchases are non-refundable. Returns or exchange are strictly for defective items due to hygiene reasons.
9.2 All Product return requests are to be submitted to and processed by Suzuran Baby Singapore’s Customer service channel at sales@suzuranbaby.sg.
9.3 Suzuran Baby Singapore accepts returns for Products that are unused and unopened in the original condition and packaging if the Product(s) is delivered wrongly. All individual parts/ accessories, free gifts, warranties and manuals that came along with the Products must be returned along with the Products.
9.4 In the event that the Product returned to Suzuran Baby Singapore is in an unsuitable condition and /or falls under the list of Non-refundable Products as set out in Schedule 1, Suzuran Baby Singapore reserves the right to reject the Product and may send back the Product to the original shipping address at the cost of the Customer.
9.5 If a Product is eligible for return, the Customer can return a Product by contacting Suzuran Baby Singapore’s customer service channel at sales@suzuranbaby.sg or a return request with his or her order number, the reason for returning the product and the Customer’s contact number. Suzuran Baby Singapore will contact the Customer within 48 hours from the submission of the Customer’s return request, acknowledge the return request.
9.6 If the return has been acknowledged by Suzuran Baby Singapore using, the Customer ensure that the Product reaches Suzuran Baby Singapore days from the Customer’s date of receipt of the Products.
9.7 When the Customer choose to return the Product to Suzuran Baby Singapore using a mode of delivery as elected by the Customer, the Customer understand that using such delivery method is at the Customer’s sole risk (including but not limited to possible theft of the delivered Products by third parties), and the Customer accepts all liability and risk of loss, theft, and damage to the Products. The Customer agrees that it will not hold Suzuran Baby Singapore liable in any way whatsoever arising from such loss, theft, and damage to the Products.
9.8 The Customer shall bear all postage costs incurred for returning the Products to Suzuran Baby Singapore and shall retain all proof of mailing until Suzuran Baby Singapore informs the Customer that Suzuran Baby Singapore has received the returned Product.
9.9 Suzuran Baby Singapore shall refund/exchange the Customer once the returned Product had been processed by Suzuran Baby Singapore. Suzuran Baby Singapore shall issue the Customer. It may take up to 14 working days from the day Suzuran Baby Singapore received the returned product for the Store Credits to be issued to Customer.
9.10 Suzuran Baby Singapore reserves the right to withhold any refunds/ exchange if the Customer’s Products have not reached Suzuran Baby Singapore.
10. Incorrect Products
10.1 If the Customer believes that an incorrect Products was delivered to the Customer, the Customer shall contact Suzuran Baby Singapore with the Customer’s order number and a photograph of the Products.
10.2 Once Suzuran Baby Singapore has ascertained that an incorrect Product was indeed delivered to the Customer, Suzuran Baby Singapore will contact the Customer to send back the incorrect Product to Suzuran Baby Singapore for a Product replacement and Suzuran Baby Singapore will reimburse the Customer for all reasonable delivery costs incurred by the Customer. If a replacement Products is no longer in stock, Suzuran Baby Singapore shall issue the Customer a full credit refund to the Customers; credit card account that was used to make payment for the order.
10.3 The Product returned to Suzuran Baby Singapore must be unused and unopened in the original condition and packaging with all original tags intact and all individual parts, accessories of the products must be returned along with the Products. In the event that the Product returned to Suzuran Baby Singapore is in an unsuitable condition, Suzuran Baby Singapore reserve the right to reject the Customer’s request for a Product replacement and may send back the Product to the original shipping address at the cost of the Customer.
11. Faulty Products
11.1 The Customer may reject Product(s), which are defective or do not conform with the Contact. If a Customer would like to reject a Product that is defective or do not conform with the Contract, the Customer shall contact Suzuran Baby Singapore at sales@suzuranbaby.sg and provide the Customer’s order number, photograph of the defect, and whether the Customer would require a refund or a replacement.
11.2 The Customer shall return Products which are defective or do not conform with the Contract to Suzuran Baby Singapore from the date of receipt of the Product from Suzuran Baby Singapore. Suzuran Baby Singapore will reimburse the Customer for all reasonable delivery cost incurred by the Customer. The Products returned to Suzuran Baby Singapore must be unused and unopened in the original condition and packaging with all original tags intact and all individual parts/ accessories of the Products must be returned along with the Products. In the event that the Product return to Suzuran Baby Singapore is in an unsuitable condition, Suzuran Baby Singapore reserves the right to reject the Product and may send back the Product to the original shipping address at the cost of the Customer.
11.3 Upon receipt of the Product(s), Suzuran Baby Singapore will examine it and advise the Customer on the Customer’s right to a replacement or refund (if any) via the Customer’s registered email address with Suzuran Baby Singapore as soon as practicable.
11.4 If the customer elected for a replacement of the defective product and a replacement Product is no longer in stock, Suzuran Baby Singapore shall issue a full credit refund to the Customer’s credit card account that was used to make payment of the Order.
11.5 In the event the Product returned by the Customer is determined by Suzuran Baby Singapore as its sole discretion to be not defective or does conform with the Contract, Suzuran Baby Singapore may at its discretion decide not to replace or refund the Customer for the Product and/or may require the Customer to pay all reasonable carriage costs and servicing costs at Suzuran Baby Singapore’s current standard fees and costs.
11.6 The Customer acknowledges and agrees that Suzuran Baby Singapore inly provides warranties related to the quality of the Product that are expressly mandated and required by applicable law. All other warranties are expressly excluded by Suzuran Baby Singapore.
12. Risk and Property
12.1 Risk of damage to or loss of the Product(s) shall pass to the Customer immediately upon delivery of the Product(s) to the Customer, or if the Customer wrongfully fails to take delivery of the Product(s), the time when Suzuran Baby Singapore has tendered delivery of the Product(s).
12.2 The title in the Product(s) shall remain with Suzuran Baby Singapore until Suzuran Baby Singapore receives full payment of the Final Price for the Product(s).
12.3 Until such time as the title in the Product(s) passes to the Customer, Suzuran Baby Singapore shall be entitled at any time to demand the Customer to delivery up the Product(s) to Suzuran Baby Singapore and in the event of non-compliance Suzuran Baby Singapore reserves the right to take legal action against the Customer for the delivery up of the Product(s) and also reserves the right to seek damages, expenses and all other costs including but not limited to legal fees against the Customer.
12.4 The Customer shall not be entitled to pledge or in any way charge by of security for any indebtedness any of the Product(s) which remain the property of Suzuran Baby Singapore. IF the Customer does the foregoing, all moneys owning by the Customer to Suzuran Baby Singapore shall, without prejudice to any other right or remedy of Suzuran Baby Singapore, forthwith become due and payable.
12.5 If an of all the provisions in this clause [12] are not in accordance with any laws of the country in which the Product(s) are located, the legal concept closest in nature to retention of title in that country shall be deem ed to apply mutatis mutandis to give effect to the underlying intent expressed in this clause [12], and the Customer shall take all steps necessary to give effect to the same.
12.6 The Customer shall indemnify Suzuran Baby Singapore against any and all losses, damages, costs, expenses, and/or legal fees incurred by Suzuran Baby Singapore in connection with the assertion and enforcement of Suzuran Baby Singapore’s rights under this clause [12].
13. Force Majeure
Without prejudice to clauses [12] and [15], Suzuran Baby Singapore shall have no liability to the Customer whatsoever if it is prevented from ir delayed in performing its obligations or delivery of the Ordered Products, or form carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs- or other industrial disputes (whether involving the workforce of Suzuran Baby Singapore or any other party), failure of a utility service or transport, or telecommunications network, act of God, war, riot, terrorism, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic or default of suppliers or sub-contractors. This clause shall not apply to the Customer’s obligation to pay the Final Price.
14. Termination
14.1 Suzuran Baby Singapore shall be entitled, in its sole discretion, to immediately terminate the Contact if:
a) The Product(s) specified in the Order is unavailable for any reason;
b) The Customer is in breach of any obligation of these Terms;
c) The Customer does not, within a reasonable time upon Suzuran Baby Singapore’s request, provide Suzuran Baby Singapore the necessary information for Suzuran Baby Singapore to provide the Customer with the Product (e.g., delivery address and contact information of Customer).
d) The Customer is in breach of the payment obligations under the Contract; or
e) There is an occurrence of any events in which Suzuran Baby Singapore, at its sole discretion, deems the Customer as being unable to fulfill any payment obligation under the Contract,
Without prejudice to the rights or remedies available to Suzuran Baby Singapore at law or under this Agreement. For the avoidance of doubt, the Customer agrees that Suzuran Baby Singapore shall not incur any liability to the Customer whatsoever arising from such termination.
14.2 Upon termination of the Contract and if the Customer has already made payment for the Order, Suzuran Baby Singapore will refund any payment made by the Customer for Products that were not delivered to the Customer less any costs incurred by Suzuran Baby Singapore as a result of the Customer being in breach of any obligation of these Terms.
14.3 Upon termination of the Contract in accordance with these Terms, subject to clause [14.2], all obligation of Suzuran Baby Singapore under the Contract shall immediately cease and Suzuran Baby Singapore shall no longer be bound by such obligations. Without prejudice to the aforesaid, termination of the Contract shall be without prejudice to the liabilities of the Customer to Suzuran Baby Singapore that have accrued up to the date of termination.
15. Exclusion and Limitation of Liability
15.1 Notwithstanding anything herein stating to the contrary, under no circumstances shall Suzuran Baby Singapore be liable (i) for any loss of profit, business, contracts, revenue, or anticipated savings or (ii) for any special, indirect or consequential damages of any nature whatsoever.
15.2 Under no circumstances shall Suzuran Baby Singapore be liable for any losses or damages arising due to the Customer’s improper use of the Product(s) including without limitation due to a modification of or alternation to the Product(s) not authorized by Suzuran Baby Singapore.
15.3 The Customer acknowledges that the Product(s) are manufactured by third parties and not be Suzuran Baby Singapore, and unless prohibited by application law the Customer accepts and acknowledge that Suzuran Baby Singapore arising from the Customer’s use of the Product(s), unless such loss or damage to the Customer arises out of a negligent act of Suzuran Baby Singapore.
15.4 To the extent permitted by applicable law, Suzuran Baby Singapore shall not incur or accept any liability concerning any representation made by Suzuran Baby Singapore (or made on Suzuran Baby Singapore’ behalf) to the Customer (or any person acting on behalf of the Customer) prior to the making of the Contract where such representation was made or given in relation to the Conditions.“Condition”shall mean (i) the correspondence of the Product(s) with any description; (ii) the quality of the Product(s); and/or (iii) the fitness of the Product(s) for any purpose(s) whatsoever (whether made known to Suzuran Baby Singapore or not).
15.5 All terms, conditions or warranties implied by statutory or common law relating to the Conditions are excluded from the Contract to the fullest extent permitted by law.
a) Suzuran Baby Singapore shall further be under no liability in respect of:
b) Any allergies or other health or medical condition suffered by a Customer; and any defect to any Product, arising from unsuitable or improper use, commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective, negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, failure to follow instruction(whether oral or in writing) which do not come from Suzuran Baby Singapore or without the approval of Suzuran Baby Singapore.
15.6 The Customer acknowledges and agrees that Suzuran Baby Singapore makes no warranty whatsoever to the Customer as to the Website, or the provision and use thereof, whether express or implied, and that the services and information presented on the Website are provided on an “as is” and “as available” basis at the Customer’s sole risk. Suzuran Baby Singapore makes no representation or warranty of any kind, express or implied, with respect to the functionality, operation, content or otherwise of the Website and does not represent or warrant that such Website or any part thereof is free from defect, failure or interruption or that they are fit for the Customer’s purposes or any particular purpose. Without prejudice to the foregoing, Suzuran Baby Singapore makes no warranty in respect of, and to the fullest extent allowed by law, no such party shall have any liability, whether direct or indirect, to the Customer for:
a) The accuracy, timeliness, completeness, reliability, performance, fitness for purpose of continued availability of the Website;
b) Delays, error, omissions, failure, inoperability or interruptions in the Website; and/or
c) Any virus or other destructive, malicious or corrupting program, code, agent, script or macro.
15.7 Suzuran Baby Singapore shall owe no duty or obligation to the Customer to verify any information displayed on the Website.
15.8 To the extent that any exclusion of liability under these Terms is not permitted by law, in no event shall Suzuran Baby Singapore’s total and cumulative liability for all losses or damages arising out of or in connection with the Contract exceed the Price actually paid to and received by Suzuran Baby Singapore under the Contract.
15.9 No action may be brought under the Contract by the Customer against Suzuran Baby Singapore more than 1 year after its termination or from the actual delivery of Product(s) to the Customer, whichever happens first, or in the event of default by Suzuran Baby Singapore, more than 1 year after the occurrence of such default.
16. Indemnity
The Customer agrees to indemnify, defend, hold harmless Suzuran Baby Singapore, its directors, officers, employees, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the Customer’s use of the Website and/or the Customer’s breach of these Terms.
17. Survival after Termination or Expiration
Any termination of the contract (howsoever occasioned) shall not affect the coming into force of the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
18. Intellectual Property
The Customer acknowledges that Suzuran Baby Singapore or third parties (as the case may be) own all rights, title and interest in the Intellectual Property Rights to the Website and the contents therein, and the Customer shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. Unless otherwise expressly permitted by mandatory applicable laws, the Customer agrees not to modify, adapt, translate, reverse engineer, or otherwise attempt to derive source code from the Website. Without prejudice to the generality of the foregoing, the Customer shall not use in any way and shall not reproduce any trade marks that are associated with Suzuran Baby Singapore and/or that the Customer has sight of when accessing and using the website without the prior written consent of Suzuran Baby Singapore. Except as expressly stated in these Terms, these Terms do not grant the Customer any rights to, or in, patents, copyright, databased right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the Website and/or contents therein.
19. Personal Data
19.1 The Customer acknowledges that in order for Suzuran Baby Singapore to deal with the Order, Suzuran Baby Singapore would need to process the personal data of Customer and any relevant third parties. By entering into a Contract, the Customer agrees to the terms in the Privacy Policy found on the Website; and on how the Customer’s personal data may be collected, used and/or disclosed as set out in the Privacy Policy.
19.2 The Customer represents and warrants that:
a) For Customer Data that the Customer will be disclosing or discloses to Suzuran Baby Singapore, that the Customer would have prior to disclosing such personal data to Suzuran Baby Singapore obtained consent from the individuals whose personal data are being disclosed, to:
I. Permit the Customer to disclose the individuals’ personal data to Suzuran Baby Singapore for the Purpose; and
II. Permit Suzuran Baby Singapore to collect, use, disclose and/or process the individuals’ personal data for the Purposes, including disclosing the said personal data to Suzuran Baby Singapore’s third party service providers or agents, which may be sited outside of Singapore, for the Purposes and such third party service providers or agents of Suzuran Baby Singapore processing their personal data for the Purpose;
b) Any personal data of individuals that the Customer will be or is disclosing to Suzuran Baby Singapore are accurate; and
c) For any personal data of individuals that the Customer will be disclosing or discloses to Suzuran Baby Singapore, that the Customer is validly acting on behalf of such individuals and that the Customer has the authority of such individuals to provide their personal data to Suzuran Baby Singapore, its third party services providers and agents to collect, use, disclose and process such personal data for the Purposes.
20. General
20.1 Notwithstanding anything to the contract,Suzuran Baby Singapore Shall only accept returns, grant replacements and refunds on the condition that the Products being returned, replaced or refunded were purchased from the Website. Products that are not purchased from the Website are not eligible for returns, replacements or refunds under these Terms. Products purchased from Suzuran Baby Singapore’s retail stores are subject to the terms and conditions stated on the purchase receipts.
20.2 The Customer shall not assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without the prior written consent of Suzuran Baby Singapore. Suzuran Baby Singapore may at it absolute discretion assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without the prior written consent of the Customer. Without prejudice to the generality of the aforesaid, Suzuran Baby Singapore may at its absolute discretion sub-contract its obligations under the Contract at any time and Suzuran Baby Singapore shall be entitled to perform any of the obligations undertaken by it and to exercise any of the rights granted to it under the Contract through any of its related corporations.
20.3 Any notice required or permitted to be given by either party to the other under these Terms shall ting addressed to that other party at its address or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
20.4 The failure of Suzuran Baby Singapore to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
20.5 If any provision of these Terms is held by the courts to be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.
20.6 Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contracts (rights of Third Parties) Act and any re0enactment thereof, the application of while legislation is hereby expressly excluded.
20.7 The Contract contains the whole agreement between the Parties in respect of the subject-matter of the Contract and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject-matter.
20.8 The Contract shall be governed by the laws of Singapore. Any claim or dispute arising out of or relating to these Terms and/or your access to and/or use of the Website which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the Singapore courts.
21. Store Credits
21.1 For the avoidance of doubt, subject to clauses 10 and 11 respectively, where the Customer returns a Product to Suzuran Baby Singapore because of an incorrect or faulty Product was delivered to the Customer, Suzuran Baby Singapore shall issue a credit refund to the Customer’s payment account that was used to make payment for the Order.
21.2 Store Credits are strictly non-refundable, non-extensible and non-transferable.
21.3 Store Credits and member points are valid for 1 year from its date of issue.
21.4 Any unused value in a Store Credit voucher and/ or member points account will remain in the Customer’s account and can be applied to the Customer’s next order or when its expired whichever comes first.
22. Updates
22.1 These Terms may be amended or supplemented from time to time by Suzuran Baby Singapore at its sole discretion, by posting revisions or a revised/amended set of the Terms on the Website. Such amended Terms shall become legally binding upon the Customer upon their posting on the Website.
22.2 All Customers are encouraged to check back frequently to be well informed of any changes to the Terms.
SCHEDULE 1
Non-Refundable Products
All purchases are non-refundable. Returns or exchanges are strictly for defective items due to hygiene reasons.
- All sales are final. Orders cannot be cancelled after the order is confirmed. No refunds, exchanges or cancellation will be entertained.
- We do not offer any form of refunds for any situations.
- We do not accept return and exchange in the events of change of mind, general dissatisfaction or incorrect purchase.
- All SALE and promotional-priced items are non-returnable, non-refundable and non-exchangeable.
- In the events parcel is returned to us due to incorrect address and/or incorrect contact number, delivery charge will be imposed to redeliver the parcel to the correct address.