Last updated on: January 2, 2019
By accessing or using the Services you agree to be bound by these Terms, which govern your access to, and use of this website (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”). If you do not accept any of these terms or conditions, you must immediately discontinue your access of this website and/or use of the online service.
In these Terms the following words have the following meanings:
- Business Day means any day excluding Saturdays, Sundays and public holidays in Singapore.
- GST means any goods and services tax chargeable under the Goods and Services Tax Act (Cap.117A).
- Order means any order for Products placed by you through the Site.
- S$ means Singapore Dollars.
- Two Lips refers to the website/store operated by Spa Esprit Pte. Ltd. (199609181Z).
- Products means the products (including any installment of the products or any parts of them) which are available for purchase from the Site and a Product is any one of them.
1. USE OF SERVICES
1.1 All rights, titles, and interest in and to the Services are and will remain the exclusive property of the Services and its licensors. The Services (including information regarding, or links Spa Esprit Pte. Ltd. (199609181Z), its respective subsidiaries, related companies and jointly controlled entities (collectively known as “Spa Esprit”), are protected by copyright, trademark, and other laws, of both the Republic of Singapore and foreign countries. Nothing in the Terms gives you a right to use the Services’ trademarks, logos, domain names, and other distinctive brand features, and you may not use the same without our express written permission. Any feedback, comments, or suggestions (“Submission”) you may provide regarding the Services is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submission. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, the Services (or any features within the Services) may be terminated to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.
1.2 In order to use certain Services, you may need to register at the website, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address. We reserve the right to reclaim usernames that violate these Terms.
2. SALE CONTRACT
2.1 A binding agreement for Two Lips to sell you Products is made on these Terms when Two Lips accepts an Order in accordance with Clause 2.2.
2.2 Each Order placed by you with Two Lips is only confirmed when Two Lips sends you an email that confirms that the Products have been dispatched.
3. ORDER AND DELIVERY
3.1 By placing an Order, you warrant that you are: (i) legally capable of entering into binding contracts; and (ii) you are at least 18 years old.
3.2 Upon confirmation of payment, Two Lips will process and dispatch the Products to the address that you specify for delivery in the Order. Two Lips will try to deliver within the the quoted time frame but such time frame is an estimate only based on availability, normal processing and delivery companies. Accordingly Two Lips will not be responsible for any delay in delivery.
3.3 You agree that subject to availability of Products, Two Lips reserves the right to deliver the Products in installments.
3.4 The Products are at your risk until delivery. Ownership of the Products will only pass to you when Two Lips receives full payment including delivery charges (where applicable).
4. PRICE AND PAYMENT
4.1 All prices unless specified, are in S$, and include GST and delivery charges for deliveries within Singapore. Delivery of Products to delivery addresses outside of Singapore will attract international shipping charges and may be subject to taxes, customs duties and fees levied by the destination country (Import Fees).
4.2 Prices are subject to change at any time but changes will not affect any Order that Two Lips has accepted.4.3 You may make payment for Products by:
Credit card or PayPal account, processed securely through PayPal. Any payment processed through PayPal is subject further to PayPal’s prevailing terms and conditions currently accessible at https://www.paypal.com/sg/webapps/mpp/home.
5. DEFECTIVE OR DAMAGED PRODUCTS AND EXCHANGES
5.1 Except for Products that are defective or damaged upon delivery to you, all Products cannot be returned or exchanged.
5.2 If you receive a defective or damaged Product, you must notify Two Lips in accordance with our Returns Policy within 14 days after the day following the delivery of the Product, after which Two Lips shall have no liability to you. Two Lips’s obligation to you in respect of such notification will be at its option to: (i) replace any Product that is defective or damaged; or (ii) refund to you the amount paid by you for the relevant Product to the original method of payment.
6. LIABILITY AND DISCLAIMER
6.1 To the extent permitted by law, Two Lips makes no warranty or representation that any Product will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, or that it will not infringe the rights of third parties.
6.2 Two Lips will not be liable to you for any indirect or consequential loss or damage arising out of any Order, however caused, even if foreseeable.
6.3 Nothing in these Terms excludes or restricts Two Lips's liability for death or personal injury caused by its negligence or for any matter for which it would be illegal for it to exclude its liability.
6.4 The information and materials contained in or accessed through this website are provided on an “as is” and “as available” basis and are of a general nature which have not been verified, considered or assessed by any member of the Spa Esprit in relation to the making of any specific investment, business, financial or commercial decision. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials.
6.5 The Spa Esprit does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability for any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this website in general.
6.6 Under no circumstances shall the Spa Esprit be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and/or using the online services even if the Spa Esprit had been advised as to the possibility.
6.7 In no event shall the Spa Esprit be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this website, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if the Spa Esprit had been advised as to the possibility of such damages.
7. MATTERS OUT OF TWO LIP'S CONTROL
7.1 Two Lips will not be liable or responsible for any failure to deliver Products you ordered that is caused by any event outside its reasonable control (Force Majeure Event).
7.2 Two Lips’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Two Lips will have an extension of time for performance for the duration of that period.
8.1 For your convenience, the Spa Esprit may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of the Spa Esprit and the Spa Esprit cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the Spa Esprit. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
9.1 You hereby agree to indemnify and save the Spa Esprit harmless against all damages, losses, expenses and costs (including legal costs) suffered or incurred by the Spa Esprit in connection with or arising from (1) your access of this website and/or use of the online services, or (2) any other party’s access of this website and/or use of the online services using your user id and/or login password, or (3) your breach of any of these Terms and Conditions of Access, or (4) any other party’s breach of any of these Terms and Conditions of Access where such party was able to access this website and/or use the online services by using your user id and/or login password.
11. ANTI-SPAM POLICY
11.1 The website will only send email communication to users who have subscribed to the email list, and will not send Spam emails. Any subscribers can unsubscribe from the email list and stop receiving emails from the website. Any queries, complaints, objections or request for access or correction to, or deletion of Personal Data or for information regarding policies and practices and kinds of Personal Data held by us, or should you wish to limit the processing of your Personal Data, or to withdraw any voluntary consent provided by you, must be in writing and sent to us via postal mail at the following address:
Spa Esprit Pte. Ltd.
60 Jalan Penjara
12. GOVERNING LAW
12.1 Nothing herein shall be construed as a representation by the Spa Esprit that the information and materials contained in or accessed through this website is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing this website and/or using the online services, you agree that such access and/or use, as well as these Terms and Conditions of Access shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.