Terms of service
OVERVIEW
This website is operated by FlavoritePL. Throughout the site, the terms “we”, “us” and “our” refer to FlavoritePL. FlavoritePL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FlavoritePL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FlavoritePL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at enquiry@flavoritepl.com.
General Terms and Conditions (“GTC”) of sale:
- Application: The following GTC shall be applicable or deemed incorporated into all sales contracts and delivery transactions made between Flavorite Pte Ltd’s (“Flavorite”) and its customers (“Buyers”) for all goods sold or supplied by Flavorite (“Goods”), notwithstanding anything contrary to Buyer’s terms and conditions and regardless whether Flavorite is aware of or have accepted Buyer’s Purchase Orders containing terms and conditions which may deviate or is/are in conflict with these GTC or special terms as contained in Flavorite's sales contract. Any deviations or changes to these GTC shall not be valid, effective or applicable to any sales contract entered into by Flavorite unless expressly approved and agreed to by Flavorite in writing to Buyer and shall apply only to the specific sale contract for which the deviations or changes were requested for.
- Revisions: Flavorite hereby reserves all rights to revise and amend any or all of these GTC from time to time, without express notice to Buyers. All Buyers are advised to refer to these GTC which are posted and updated on our website and shall be deemed notified of the same, without further reference.
- Conflict of terms: In the event of any conflict between these GTC and special terms contained in a sale contract between Flavorite and Buyer, the special terms as contained in the sale contract shall prevail.
- Contract Arising: Flavorite’s contractual obligation to sell the Goods shall be valid upon EITHER (a) receipt of Buyer’s acceptance of Flavorite’s Proforma Invoice, including any special terms therein, OR (b) Flavorite’s written confirmation of the order received from the Buyer or acceptance of Buyer’s Purchase order but always subject to the provisions in the foregoing Clause 1 above. For avoidance of doubt, an order for the Goods placed by the Buyer shall be deemed to be a legally binding offer to Flavorite to conclude a contract of sale of the Goods.
- Liability for government taxes, duties & levies: The Buyer is responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties, taxes, levies, fees or any imposition on the Goods by the local governing bodies.
-
Defects:
(I) Inspection. It is the Buyer’s responsibility to conduct an inspection of sold Goods immediately upon taking delivery and to inform Flavorite by telephone or by written email of any defect of (a) the Goods so delivered (whether in whole or in part), and/or (b) its packaging, but in any case, no later than (i) SEVEN (7) days (including weekends and public holidays) after delivery of the Goods for deliveries within Singapore, or (ii) FOURTEEN 14 days (including weekends and public holidays) for deliveries outside of Singapore, FAILING WHICH Flavorite shall bear no liability whatsoever for any defects herein stated pertaining to the delivered the Goods and such the Goods so delivered shall be deemed to have been delivered in accordance to the sales contract and duly accepted with it reservation by the Buyer.
(II) Notice of Defect. Notification of defects must be accompanied by a detailed description of the defects with supporting photographic evidence. Flavorite reserves the right to conduct its own inspection of the Goods purportedly containing defects as alleged.
(III) Remedial Action. In the event defect is acknowledged by Flavorite, Flavorite shall have the sole discretion to EITHER (a) replace the Goods (or the defective part or portion) at no additional costs to Buyer, OR (b) refund to the Buyer the price of the Goods sold (or a proportionate part of the price) if payment for the Goods have been made by Buyer, and thereafter Flavorite shall have no further liability to the Buyer under the sales contract. In For such refunds, the defective Goods shall first be returned to and received by Flavorite before refund is effected. All reasonable return costs and expenses will be borne by Flavorite, subject to obtaining prior written consent from Flavorite.
In the event defect is caused by or deemed caused neither by Flavorite nor the Buyer, and the Buyer elects to return the defective Goods, the return of the defective Goods to Flavorite shall be arranged by the Buyer at reasonable costs and shall be borne equally between the Buyer and Flavorite, subject to obtaining prior written consent from Flavorite. - Deemed execution of Contract: If delivery of the Goods is EITHER accepted OR not refused OR if no defect notification is received by Flavorite, the Buyer shall not be entitled to reject the Goods and the contract of sale of the Goods shall be deemed to be fully and satisfactorily executed by Flavorite. The Buyer shall be obliged to pay the full price of the Goods delivered in accordance with the sales contract and Flavorite shall have no liability for any defect or any subsequent failure of the Goods for the Buyer’s purpose under contract.
-
Delivery:
- At Flavorite’s premises. Delivery shall be deemed to have been made by Flavorite upon Buyer’s collection of the Goods at Flavorite’s premises after Flavorite has notified the Buyer that the Goods are ready for collection and in any case, subject to Flavorite’s written agreement, no later than 3 days (“Grace Period”) after notification of Goods ready for collection.
- At location specified by Buyer. Delivery shall be deemed made by Flavorite upon Flavorite or its agent(s) delivering the Goods to the location as specified in the sales contract.
- Failure of Delivery by Buyer: In event the Buyer fails or shall fail to take delivery of the Goods under Clause 7(a) above, then, without prejudice to any other right or remedy available to Flavorite, Flavorite may at its discretion, elect to store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage, including during the Grace Period. Should the Buyer still not take delivery of the Goods after the Grace Period, Flavorite hereby reserves the right to resell the Goods and refund to the Buyer any payment made by the Buyer for the Goods (after deducting applicable storage and insurance costs) and both parties shall then have no further obligations against or towards each other with respect to the sales contract.
- Passing of Risks. Risks of damage to or loss of the Goods shall pass or be deemed to pass to the Buyer, (a) in the case of the Goods to be delivered at Flavorite’s premises, once when Flavorite notifies the Buyer that the Goods are available for collection, or (b) in the case of the Goods to be delivered otherwise than at Flavorite’s premises, at the time of delivery or, (c) if the Buyer fails or has failed to take delivery of the Goods, at the time when Flavorite has tendered delivery of the Goods.
- No Representation or Warranty. Flavorite shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Flavorite, its employees or agents or otherwise) which arise out or in connection with the sale or supply of the Goods or their use, application or resale by the Buyer.
- Limitation of Liability. The entire liability of Flavorite under or in connection with the sales contract shall be limited to and not exceed the price of the Goods sold to the Buyer.
-
Force Majeure. Flavorite shall not be liable to the Buyer or be deemed to be in breach of the sales contract by reason of any delay in performing, or any failure to perform, any of Flavorite’s obligations in relation to the Goods, if such delay or failure was due to any cause beyond Flavorite’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Flavorite’s reasonable control:
- Acts of God;
- War or threat of war, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental authority;
- Import or export regulations or embargoes;
- Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Flavorite or of a third party);
- travel bans, quarantine requirements or contamination of goods, due to outbreak of diseases, epidemic, pandemic, or any form of civil or public emergency. - Dispute Resolution. Any dispute arising out of or in connection with the sales contract or these GTC shall be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being. Either/any party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
- Governing Law. The sales contract and these GTC shall be governed by the laws of Singapore.Governing Law. The sales contract and these GTC shall be governed by the laws of Singapore.