Terms and Conditions on Usage of this website
Welcome to blubag! Thank you for visiting our website. This website is owned by Kavelin Distribution Pte Ltd. This page defines the terms and conditions with which we supply products and services on our website www.blu-bag.com Please read these terms and conditions carefully prior to ordering anything or using this website. By visiting this website, you are implicitly agreeing to the terms and conditions listed on our website and you agree to be bound by these same terms and conditions. Please visit our website regularly as we may change these terms and conditions at any point without specifically alerting you to any of the changes made. EACH TIME YOU VISIT THE WEBSITE, YOU AGREE TO BE BOUND BY THE LATEST TERMS AND CONDITIONS LISTED ON THIS WEBSITE.
This Agreement is effective from August 21, 2017 for all visitors to the website.
(1) About us
We are Kavelin Distribution Pte. Ltd, (“Kavelin”) (Co. Reg. No. 201426610M) (a company incorporated and existing under the laws of Singapore, having its registered address at 51 Anson Road, Anson Centre, #12-51 Singapore 079904 and its place of business at 33 Ubi Ave 3, The Vertex, #02-18 Singapore 408868 with company registration number 201426610M trading as blubag.
(3) Eligibility for placing orders on our website
You must be over eighteen (18) years of age in order to place an order on our website. If you are under eighteen (18) years of age, please consult a parent or guardian before proceeding. Only with the approval of a parent or guardian may you proceed to place an order. In proceeding to place an order, you acknowledge that a parent or guardian above the age of eighteen (18) has given you permission to place the order on our website.
(4) All Rights Reserved
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
(5) Entire agreement
These terms and conditions, including any attachments to it constitute the entire understanding between you the user of this website and us and applies to all orders made on this website. These terms and conditions supersede all prior understandings, communications and agreements either oral or written, between the parties and may be changed by us at any time with the updated relevant version being available through this website www.blu-bag.com
(b) If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
(c) Not take any action that may undermine the feedback or ratings systems;
(d) You must not misuse this site by committing any form of criminal offence as described in the computer misuse and cyber security act of Singapore, like (but not limited to) hacking or distributing a virus on the website or any other technologies that may harm the Website, or the interests or property of users of the Website. If we detect any such misuse, we will report it to the relevant law enforcement authorities for the appropriate legal action to be taken against the misuser.
(e) Not copy, modify, or distribute content from the Website and the Company's copyrights and trademarks; or
(f) Report any problems, offensive content and policy violations to us.
(g) Our Brand Protection Program (BPP) works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our BPP team and we will investigate.
(h) Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
(7) Placing an order
(a) By placing an order you are offering to purchase a product on this website subject to the terms and conditions set forth here.(i) All orders are subject to availability and confirmation of the order price. (ii.) Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Singapore only and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our delivery policy for further information. (iii.) We retain the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true.
(b) Our contract(i) When you place an order, you will receive an acknowledgement e-mail from us confirming receipt of your order. This email will act as a contract between us and we will have fulfilled the contract when you receive the product from us.
(ii) By receiving the product you acknowledge and accept that you have received the product in good condition and that you will not hold us liable for any potential outcome from use of the product. Should there be any issues with the product you must notify us immediately upon receipt of the product by calling our office at 68021265 or emailing us at firstname.lastname@example.org
(c) Pricing, availability and payment(i) Whilst we do our best to ensure that all details, descriptions and prices that appear on this website are accurate,it might be possible that errors occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling the order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
(ii) All prices are inclusive of GST where applicable. The GST amount will be specified on your invoice if aplicable.
(iii) Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable. (iv) We are under no obligation to fulfill your order if the price listed on the website is incorrect (even after your order has been acknowledged by us).
(v) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method.
(a) We reserve the right to withdraw any products from this site at any time and/or remove/edit any materials or content on this site. We will do our best to always process all orders but there may be exceptional circumstances where 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.
(8) Refusal of Order
(b) If we cancel your order and you have already made payment for your order, the payment amounts will be fully refunded to you. c.We will not be liable to you or any other third party by reason of our withdrawing any product from this site, whether it has been sold or not, removing or editing any materials or contents on this site or for refusing to process or accept an order.
(a) We aim to deliver the product to you at the place of delivery requested by you in your order and the delivery time indicated by us at the time of your order checkout (as updated in the order confirmation).
(b) 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.
(c) Upon delivery of the product, you will be required to sign for delivery. Once product is signed for you acknowledge that you have received the product in good working condition. One delivered, we will not accept any exchange or refund requests.
(d) 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 that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
(e) All risk associated with use and storage of the product shall pass to you upon acceptance of the delivery.
(f) If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
(g) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, we may (without affecting any other right or remedy available to us) 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 cancelling the applicable contract, in which case we will refund to you as applicable any money already paid to us under the contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
(10) Cancellation by customer (non-faulty product)
If you wish to cancel your order please contact our customer service team on +65 6802 1265. No cancellation fees shall be applicable if the order has not yet been dispatched. Once an order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the customer service team.
(a) We do not accept any returns except if the product is damaged in any way before it reaches you. Upon acceptance of the product, it is deemed that the product is in good state and fully functional. We will do everything to make sure that the product is delivered to you in perfect working condition but it is your responsibility to check the product to make sure that everything is in working condition before accepting the product.
(11) Returns and refunds policy
(b) If the product is defective when you receive it, tell the delivery person or contact our customer service hotline to arrange for a replacement or a refund where applicable.
(iv) Upon receipt of the products, we will examine it and we will advise you on your right to a replacement or refund (if any) via email as soon as practicable.
(v) In the event the product returned is not faulty, we may at our discretion decide not to replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to you and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
(12) Disclaimer of liability
The content displayed on this site 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, Kavelin Distribution Pte Ltd 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 damages 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 this site or any linked sites 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.
You agree to indemnify, defend, hold harmless Kavelin Distribution Pte Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of any product sold on this site or any use of this site.
We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation:
(14) Force majeure and circumstances beyond our control
(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.
In the circumstance that the force majeure event lasts for more than one week, either you or 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.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the contract despite the force majeure event.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.
(a) All content included in or made available through our site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Kavelin Distribution Pte Ltd or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Kavelin Distribution Pte Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. 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 this website nor may you use any such content in connection with any business or commercial enterprise.
(16) Copyrights and Trademarks
(b) In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the site are trademarks of Kavelin Distribution Pte Ltd in Singapore and other countries. Our 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 site are the property of their respective owners.
(c) 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 that we become aware of any infringement of our intellectual property rights, we shall not refrain from taking any relevant legal action.
No failure or delay by us or you in exercising any right under these terms and conditions 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 terms and conditions or a contract.
If any clause in these terms and conditions or a contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or un-enforceability 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 terms and conditions or a contract shall be capable of continuing in effect without the unenforceable term.
Nothing in these terms and conditions 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
No person who is not a party to these terms and conditions or a contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms and conditions or that contract its assent to any such term.
(21) Governing law
These terms and conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.