Terms of Sale
1. ABOUT THE WEBSITE
The terms “we,” “us” and “our” refer to Founders Beauty Pte. Ltd. The terms “Website” or “Site” refers to https://foundersbeauty.com/ as well as other social media platforms linked on the Website including (but not limited to) Facebook, Instagram and LinkedIn operated by us. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, your agents, representatives, contractors, affiliates, and employees.
Thank you for visiting our Website. These Terms of Use (“Terms”) apply to all users, customers, and other visitors of our Website. By using our Website and/or “Services” (including any newsletter or written publication and other information provided whether paid or for free), you hereby agree to have read and acknowledged these Terms without modification. If you do not agree, we ask that you please cease further use of our Website.
We have endeavored to prepare the Website content in accordance with Singapore law. It does not warrant that the Website will satisfy the laws of any jurisdiction other than Singapore.
2. ACCEPTANCE OF THE TERMS
These Terms of Sale (“Terms”) apply to all Clients, Customers, and any party making a purchase on our Website or by any other method. By engaging our offered services (“Services”), purchasing any products which we have for sale (“Products”) and / or requesting information regarding our Products and Services, you agree to have read and to be bound by these Terms without modification.
To engage in our Services or purchase our Products, you must be 18 years or not considered a minor in your country of residence for the purposes of entering into a contract, whichever is older, and have the capacity to understand these Terms.
You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you at the time of your purchase.
We may change or amend the Terms at any time. Any changes to the Terms will be posted on our Website, and (if applicable) displayed at the time of your purchase, and will be effective when published unless otherwise stated. If you engage our Services or purchase our Products after the effective date of any changes, you therefore agree to comply with the changes and the updated Terms.
We take your privacy seriously and any information which you provide (knowingly or unknowingly) through your purchase is subject to ou https://foundersbeauty.com/pages/privacy-policy which is incorporated into these Terms. We do not sell or license your Personal Data to third parties for their own marketing or commercial purposes, unless you provide your express prior consent.
By purchasing a Product or Service from us, you are entering into a contract with us although this does not create a fiduciary relationship between us. For certain Products or Services, you may also be issued with a separate set of terms and conditions that will specifically govern those Products or Services in addition to the application of these Terms.
3. PRODUCTS
We will take all reasonable professional care to ensure that all details, descriptions, images of Products (including those appearing on the Website) are correct at the time when the relevant information was entered onto the system. To the extent permitted by applicable law, we do not warrant that any details, descriptions, images of Products are totally accurate, complete, reliable, current, or error-free.
The Products (including those listed on the Website, and any samples thereof we may provide to you) are for personal use only, unless subject to our Consignment Sales Terms as set out in these Terms. You may not sell or resell any of these Products or samples without our prior written consent. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or samples to be provided to you that may result in the violation of these Terms.
You may engage the Services or purchase the Products through the Website or by other methods.
Before submitting an order on the Website or any other form of sale, you will have an opportunity to review and edit all of the details for your order, including billing and shipping information, prior to confirming your purchase. In addition, you shall acknowledge and declare that you have read all the instructions provided during the checkout process and fully accept these Terms, including through a confirmation action on the Website (for example, by ticking a box).
4. PAYMENT TERMS
All prices indicated for Products available on the Website are inclusive of GST at the current rates and are expressed in SGD. We may modify our prices at any time. Applicable prices shall be the ones published on the Website at the date you place an order, or as displayed at the location of purchase if you buy your Product in person.
Despite our best efforts, a small number of the Products may display outdated prices to the actual product price. If a Product's correct price is lower than our displayed price, we charge the lower amount and send you the Product. If a Product's correct price is higher than our displayed price, we will, at our discretion, either contact you for instructions before dispatching the Product or cancel your order and notify you of such cancellation, except if you purchase from a third party in which case the final Product price will be subject to the third party’s terms and conditions.
Delivery charges, if applicable, are displayed to you prior to finalising an order and shall be added to the price of the Products and are indicated separately on the order form. Shipping and handling charges for Products subject to international shipping are the Customer’s sole responsibility and liability, including any duties, taxes and / or shipping costs that may arise upon import into the designated country. Upon receipt of Products returned, we reserve the right to deny a refund if the returned Product is due to the Customer’s inability or refusal to settle any duties, taxes and / or shipping costs arising from international shipping to the Customer’s designated destination or due to errors in or incomplete delivery information provided.
In your engagement of the Services or purchase of the Products, you agree that advance payment in full of the stated purchase price shall be payable upon receipt of our invoice or upon arriving at the payment page on the Website, unless provided otherwise (such as Singapore orders which are subject to cash-on-delivery payment). For all orders from outside of Singapore, payment must be received before the relevant part of the Service engagement can take place or the Product is delivered.
For Consignment Sales - For all Products that are sold by you as our consignee, you shall be entitled to retain the agreed commission percentage from the selling price as specified in the packing list. As consignee, you shall provide us with a monthly sales report [within the end of the month] [NOTE: Please confirm.] with respect to the preceding month. Based on this report, we shall send an invoice of monthly sales to you as the consignee of the total sales minus the agreed commission. You shall process payment no later than [a week after the invoice date] [NOTE: Please confirm.] to our designated account as stated in our invoice. We are entitled to charge you interest at the rate of 10% per annum calculated daily. Any costs we incur in taking steps to enforce payment terms against you will be recoverable and payable by you.
The fee is to be paid to us by the available payment options of bank transfer or PayNow (“Payment Gateway Provider”) subject to applicable further terms imposed by the Payment Gateway Provider from time to time. Once the full purchase price is received by us, we shall provide a receipt to you and confirm how you will receive the Product or Service purchased, as applicable.
If you elect to pay by credit card a surcharge levied by the Payment Gateway Provider may be payable and, if applicable, will be added to the final bill payment.
You shall familiarize yourself with, and agree to also be bound by, the applicable terms and privacy policy of the applicable Payment Gateway Provider
5. RETURNS, CANCELLATIONS AND REFUNDS
At the time of your purchase, you will confirm your express consent to receiving access to our Products or Services instantly. If you are sent a direct access or download link (whether to a Product or a Service) at the point of purchase, no refunds will be available.
We will provide a 30-day money back guarantee on unopened Products received in original condition, provided you pay the shipping charges on returned orders. Shipping and handling charges for returned Products are non-refundable unless we have made a shipping error. Customers using a third-party shipping service are responsible for any duties, taxes and shipping costs that may occur, and liable for any damages from such third-party shipping service. Upon receipt of Products returned, we reserve the right to deny a refund if the returned Product does not meet our Product return requirements set out in these Terms.
Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:
- (a) Item(s) not available, although we take all professional care to ensure that unavailable items are clearly identified as such on the Website;
- (b) Impossibility in processing payment information;
- (c) Cannot deliver to address provided;
- (d) Duplicate order was placed; or
- (e) Cancellation due to your request;
Any damaged or defective Product must be returned to us immediately upon discovery of such damage or defect. We exclude all liability arising from the use of such damaged or defective Product which may arise, whether directly or indirectly, from your failure to immediately return such item to us.
We remain the owner of any Products we supply to you until you have paid all amounts owed to us in full. The Products are at your risk as soon as they leave our premises for delivery to you.
If any applicable legislation implies any condition or warranty, and such legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included, save that our liability will be limited to a breach of that condition or warranty to the following to be determined at our sole election:
- (a) if the breach relates to Products, the replacement or repair of the Products, or payment of the cost of replacing the Product or of acquiring equivalent products;
- (b) if the breach relates to Services, the resupply of the Services again or the payment of the cost of having the Services supplied again; or
- (c) a full refund of the price paid for such Product or Service
For Consignment Sales - For all Products that are sold by you as our consignee, the Products shall remain our property until they are sold by you to customers. You as the consignee shall procure and maintain insurance on the Products from the time the Products are first on your premises or in hands of your representative (whichever is earlier) until they are sold or returned to us. To the extent not covered by insurance, you shall be responsible for any loss or damage to the Products so long as they have not been accepted in return by us, including (but not limited) to the extent that loss or damage is a direct result of your negligence. Natural defects, production defects and / or any deterioration of the Products due to environment and / or exposure while in your possession are beyond our control and therefore are not our responsibility.
6. DISCLAIMER
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product or Service or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
All content on the Website and accompanying the Product or Service is created and published for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.
Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of content you have received from us.
You are solely responsible for creating and implementing your own decisions and actions relating to physical, mental and / or emotional state based on the Products and Services we offer. We have no obligation to you if the Products and Services do not lead to your desired results.
7. NO WARRANTIES
All our Services and Products are offered to you "as is where is" and on an "as available" basis, without warranty or condition of any kind.
While we use our best efforts and take reasonable steps to help you achieve your desired result, we make no guarantees or representations that our Products or Services will meet your requirements or that you will achieve similar results as any of our other Clients or Customers.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
8. INTELLECTUAL PROPERTY AND COPYRIGHT
The Products or Services offered to you are subject to copyright, trademarks and other forms of proprietary rights. Our Products or Services are protected by copyright under the laws of the Republic of Singapore and subject to our rights under applicable international treaties. Unless otherwise indicated, all rights to “Intellectual Property” (including copyright trademarks and other forms of proprietary rights) in our content, documents, materials, products and compilation of our Products or Services (including text, images, graphics, logos, button icons, video images, audio clips, podcasts and software) are owned or controlled by us for these purposes, and are reserved by us or our contributors.
We retain all rights, title and interest in and to the Products or Services and all related content. Nothing you do on or in relation to the Products or Services will transfer to you any of our Intellectual Property, including but not limited to:
- (a) our business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
- (b) the right to use or exploit our business name, trading name, domain name, trade mark or industrial design; or
- (c) our system or process that is the subject of a patent, registered design or copyright (including an adaptation or modification of such a system or process)
You may not, without our prior written permission and the permission of any other third party rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or any third party content for any purpose. This prohibition excludes materials which are available for re-use or are in the public domain
The Products or Services may use free stock photography as part of design. All stock images used come with an irrevocable, non-exclusive copyright license to download, copy, distribute, use and / or modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
Certain product and company names mentioned in our Products or Services or material displayed on them may be intellectual property belonging to third parties. We do not warrant or represent that if you use such material, you will not infringe the legal rights of these third parties.
If you believe that your intellectual property rights are being violated or that any work which is your property has been reproduced in our Products or Services or in any content in any way, you may notify us at concierge@foundersbeauty.com Please provide your name and contact information, the nature of your work and how you believe it is being violated, all relevant copyright and / or trademark registration information, the location i.e. URL of the violation, and any other information you reasonably believe is relevant.
9. LIMITATION OF LIABILITY
The total liability that we may owe to you from any cause whatsoever, will be limited to the lesser of your actual damages or the price paid to us for any Products purchased or Services contracted through any means.
In no event will we be liable for special, direct, indirect, consequential, or incidental damages, including but not limited to loss of profits, revenues, data, or damage to or loss from the use of the Products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of the Products or Services whether at common law, under warranty, contract, tort (including negligence), in equity, pursuant to statute or otherwise, notwithstanding that we may have been advised of the possibility of such damages or losses.
All claims against us must be brought within one year after the cause of action arises, and we waive any statute of limitations which might apply by operation of law or otherwise, to the extent permissible.
10. INDEMNIFICATION
You agree to indemnify and hold us and each of our officers, representatives, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including legal fees, arising out of or relating to (i) your breach of these Terms, (ii) any violation by you of law or the rights of any third party, (iii) any unauthorised reproduction or distribution of materials, information, works and/or other content of whatever nature or media that you post or share which is in our control or owned by us, (iv) your use of the Products or Services that we may provide through any means, and (v) your conduct in connection with the Products or Services or with other users of the Products or Services. We reserve the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this clause. In such an event, you shall provide us with such cooperation as we may reasonably request.
11. LAWFUL USE ONLY
Our Services and Products shall be purchased for lawful purposes only. You agree to use our Products and / or Services for legitimate and non-commercial purposes only. In engaging our Services and using our Products you shall not introduce any material which violates or infringes our rights or those of others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which may reasonably incite or induce criminal or illegal activity or that would give rise to civil liability or otherwise breach any law.
12. GOVERNING LAW AND JURISDICTION
The provisions of these Terms are for our benefit, and those of our subsidiaries, affiliates and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Except as expressly stated in these Terms, none of the Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act (Chapter 53B) or otherwise, by any person or entity who is not a party to it.
The Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the Singapore courts.
In the event of any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, the parties shall at first instance take reasonable efforts to settle and resolve such disputes in good faith and in an amicable manner by negotiation.
These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions