We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the “T&Cs”) apply to www.esevel.com (the “Site”) and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.esevel.com. We will notify you by email, through the Esevel Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the Esevel Service after a modification is posted, you are telling us that you accept the modified terms.
Accessing And Using The Site
As a condition of your access to and/or use of the Site, you warrant that:-
- all information supplied by you on the Site is accurate, current and complete;
- you are 18 years of age or older in order to access and/or use the Site; and
- you will not copy or distribute any part of the Site in any medium without Esevel’s prior written authorization.
You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
Posting Your Content On Esevel Service
You may post photos, comments, and other content (“Your Content”) to the Esevel Service. You retain all rights to Your Content that you post to the Esevel Service. By making Your Content available on or through the Esevel Service you grant to ESEVEL a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the Esevel Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the Esevel Service will not:
- Infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
- Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
- be fraudulent, false, misleading or deceptive;
- be defamatory, obscene, pornographic, vulgar or offensive;
- promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group
- be violent or threatening or promote violence or actions that are threatening to any person or entity; or
- promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following guidelines:
- Do not post profane or explicit content.
- Do not post profile pictures that might be considered inappropriate.
- Do not post, advertise, or promote products or services commercially.
You agree and undertake not to:
- use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
- post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libellous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
Links To Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Esevel, including third party payment system providers. You acknowledge and agree that Esevel is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Esevel from any and all liability arising from your access and use of any third party website.
We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
“Esevel Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Esevel Service to you. Except for Your Content, Esevel Content, the Esevel Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the Singapore and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Esevel Service.
Warranties And Liability
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
- life or wear of any Product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Esevel;
- improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
- third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
- any warranties provided under these T&Cs if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any Product purchased from the Site is processed by third party payment system providers and Esevel does not retain or process any such payment information. Esevel cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Esevel is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Esevel is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Esevel from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of Esevel and our affiliates under any Order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Orders & Payments
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an “Order”). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all unpaid orders will be cancelled automatically after an hour. In the event that any Product has been mispriced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We accept all major credit cards.
Product Description And Defects
We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
The cost of delivery of your Order will be displayed to you on our Site. Orders are processed and dispatched from our warehouse to our local delivery partner within an estimated 2 working days. Our local delivery partner shall deliver the Product to the address specified in your Order.
If delivery of your Product is delayed, we will inform you accordingly and the Product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
We may terminate the Order at any time by writing to you if:
- You do not make payment to us when it is due;
- You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
- You do not, within a reasonable time, allow us to deliver the Product to you;
- If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between ESEVEL and you regarding the Esevel Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ESEVEL and you regarding the Esevel Service and Esevel Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without ESEVEL’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. ESEVEL may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by ESEVEL under these Terms, including those regarding modifications to these Terms, will be given:
- via email; or
- by posting to the Esevel Service.
For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
ESEVEL’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ESEVEL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these Terms.
Esevel Pte Ltd
People’s Park Centre
101 Upper Cross Street # 05-16