TERMS OF CONDITIONS

Please read these Terms of Use and Sale ("Terms") which govern all orders and purchases of the products (“Products”) through this website carefully prior to using the website. The Terms of Use is updated by IM9S Pte. Ltd. (UEN: 202346615E) (“IM9S”, “our”, “us”, or “we”) from time to time, and by visiting our site and/or placing an order through this www.im9s.sg website (“Website”), User (“User”, “you” or “your”) hereby accept and grant us your consent that your order, purchase, and delivery of the Products, and any personal information you provide in connection with the order, purchase and delivery shall be governed by the latest version of these Terms of Use and our Privacy Policy. You may use our interactive services ("Interactive Services"), such as Ratings & Reviews and any other services which we may introduce from time to time.

1. ELIGIBILITY

(a) To be able to make purchases of the Products through this Website, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, address, e-mail address, telephone number, gender, date of birth and/or other details as indicated.

(b) The information or personal details that you provide us shall be processed in accordance with our Privacy Policy in the context of your order. When you use our Website, you agree to the processing of your information and details, and you confirm that all information and details provided by you are true and accurate. Please be informed that your order cannot be placed if you do not provide the information requested to complete the transaction.

(c) When you place an order on our Website, you confirm that you are over the age of 18 years and are legally eligible to enter into binding contracts. If you are under 18 years of age, you may only place an order with the consent of your parent or guardian, and any use of our Products purchased through the Website shall be deemed to be with consent of your parent or guardian. If you do not have consent from your parent or guardian, you must stop using the Website and our Products.

2. PERSONAL USE

(a) All Products (including samples) sold through Website are intended for your personal and non-commercial purpose only. They shall not be used in any professional capacity and must not be re-sold. This is not applicable to corporate clients.

(b) If we reasonably believe that our Products may be used for any purpose in contravention of section 2(a), we reserve our right not to fulfil the contravening order(s).

(c) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within, on or via the Website. You may not use the Website (and any goods or services purchased on or via the Website), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity on your own website, auction sites, group buying sites, social media sites or otherwise.

(d) You agree and undertake that you shall not:

(i) access or use the Website for any illegal purpose or violate any applicable laws and use in good faith;

(ii) attempt to gain unauthorised access to or otherwise interfere or disrupt other systems or networks connected to the Website or the Interactive Services; or

(iii) interfere with another user’s utilisation of the Website or the Interactive Services.

3. PRODUCT INFORMATION

The Website contains text, code, software, video, music, sound, image, graphics, photographs, illustrations, artwork, names, logos, trademarks, and other material (“Content”) in relation to the Products that we offer.

(a) From time to time, we may publicise contests, campaigns or make promotional discount codes or other offers available for Products purchased via the Website (e.g. sample gift with purchase). The participation in contests, or, particular use of those codes or offers (including specific terms or conditions) will be described on the Website at the time they are made available.

(b) We will do our best to ensure the Website and its Content is accurate. Yet, we do not guarantee or give any warranty that it is complete, accurate or fully up to date. For example, the image of our Product photos accurately represent the Products as purchased. However, variations can occur around colour, angle, lighting and so on due to technical limitations in reproducing colour on screens and and how it will look like across different devices. As a result, we do not recommend that you only rely on the photos on the Website. To the extent permitted by applicable law, we will not be liable for errors, variations or inaccuracies in Content on the Website.

(c) All Products should be used strictly in accordance with their instructions, precautions and guidelines. As precautionary measures, you should check the ingredients of the Products to identify any sensitivities and to avoid potential allergic reactions.

(d) Please consult your own physician or a qualified medical professional regarding the use of our Products, or information received from the Website before using or relying on them. Your physician or qualified medical professional should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. No prescription medications or medical treatments are intentionally provided on Website. If you experience any adverse reactions from using our Products, use of the Products should be discontinued and you should seek immediate medical attention.

(e) If you suspect that you are experiencing an adverse reaction caused by the use of our Product, please get in touch with us.

(f) For orders received with defects or incorrect, please contact us within 24 hours post receiving.

4. ORDERS

(a) Any orders placed and received on business days (Monday to Friday, excluding public holidays) are processed within 5-10 business days. Orders placed and received on weekends (Saturday or Sunday) will be processed on the next business day (Monday).

(b) If you wish to place an order with us, you must follow the Website purchasing procedure. Oce you have added the Products you wish to purchase to your shopping cart on the Website, click on “Checkout” and provide the necessary details to us to submit your order. You will then receive an email from us notifying you of our receipt of your order (“Order Confirmation”).

(c) All orders are subject to acceptance by us and must be paid in full at the time of submission. Once payment has been received, we will inform you that the items have been dispatched (“Shipping Confirmation”). The contract for the sale and purchase of an item between you and us will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of those items has been confirmed in a separate Shipping Confirmation. These Terms, and including the Shipping and Returns Policy shall form a part of the Contract.

(d) Any typographical or any other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part. We shall not be responsible for any errors in your order arising from your act or omission. We shall also not be responsible or liable for any losses if you provide inaccurate or incomplete details.

5. PRICE AND PAYMENT

(a) Prices shown on the Website are in Singapore Dollars (SGD) and does not contain GST, yet do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Website or other form of notification.

(b) The price of Products will be as stipulated at all times on our Website, except in the case of an obvious error. We do our best to ensure that the prices featured on the Website are correct. In the event we discover an error in the price of any of the items that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If we are unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.

(c) You may pay for your purchases through the Website per the payment option as shown during the checkout. All credit card payments are subject to verification and authorisation by the card issuer. If the issuer does not authorise payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

6. PRODUCT AVAILABILITY AND DELIVERY

(a) Your purchase of the Products is subject to their availability. If a Product is not available, we will contact you as soon possible. We shall neither be liable nor be obliged to supply a Product that is out of stock or unavailable. If we notify you of a Product’s unavailability after your order is accepted, you can either cancel the whole order and we will refund you for it; or you may wish to cancel the order for the out of stock Product, and proceed with the remainder of the order; or (depending on the particular Product) we may be able to hold your order until new stock arrives.

(b) We can only deliver within Singapore and to physical addresses. Orders with a PO Box will not be processed. For any International order, you shall be responsible to check on the custom clearance requirement and shall be liable for tax and duties involved.

(c) A separate or consecutive orders placed will not be able to combine or consolidate them into one delivery, and separate delivery charges will be applicable.

(d) You may occasionally experience delays in delivery for reasons such as a high volume of orders being received by us during sale periods, holidays or the occurrence of unforeseen circumstances. Nevertheless, we will work to the best of our ability to meet the expected lead time.

(e) If we are unable to comply with the delivery date for any reason whatsoever, we will inform you and we will give you the option to continue with the purchase and establish a new delivery date. Please note that in any case, our couriers do not deliver on Saturdays, Sundays or public holidays.

(f) A “delivery” shall be understood to have taken place or the order deemed “delivered” as soon as you or a third party representing herself/himself to receive the order for and on your behalf acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at your chosen delivery address.

(g) Our courier service may request for a signature from the intended recipient of the Products purchased. In circumstances where our courier service fails to deliver to the intended recipient directly, and under the instruction of recipient to put at a dedicated or safe place, a photograph proof of the delivered goods is deemed suffice.

7. RETURNS, REFUNDS AND EXCHANGES

All requests for returns, refunds and exchanges under this section 7 shall be your sole and exclusive remedy for any non-conformity of or defects in the Products. For further details about our returns, refunds and exchange policy, please go to the Shipping and Returns Policy.

8. TITLE AND RISK

(a) Risk of damage to or loss of the Products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the Products, at the time when we have tendered delivery of the Products.

(b) Notwithstanding delivery and the passing of risk in the Products or any other terms in the Terms, the title in the products shall not pass to you until we have received your payment in full.

9. LIMITATION OF LIABILITY

(a) To the maximum extent permitted by law, and subject to applicable consumer protection provisions, we:

(i) shall not be liable for any claim or statement arising out of your incorrect or improper use of any or any goods, products or services offered by or purchased through the Website, including use that does not comply with any product instructions or that would be otherwise unexpected or unreasonable;

(ii) excludes all implied terms and warranties, whether statutory or otherwise, relating to the Terms, the Website, ordering, delivery and the Products;

(iii) will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with the Terms, the Website, ordering delivery and the Products. Any liability we have to us is reduced to the extent that you cause or contribute to the loss or damage; and

(iv) maximum cumulative liability to you or any other party for all losses under, arising out of or relating to the sale of the Products under the Contract, will not exceed the sums that you have paid under such Contract.

(b) Notwithstanding anything in the Terms, certain legislation, including the Sale of Goods Act may impose consumer guarantees or imply warranties or conditions or impose obligations upon IM9S which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees).To the extent that such legislation applies, these Terms of Sale must be read subject to these statutory provisions and nothing in these Terms of Sale is intended to alter or restrict the operation of such provisions.

10. PERSONAL DATA

By providing your personal data on this Website and/or placing an order on the Website, you hereby confirm that you have read and agree for us to process your personal data in accordance to our Privacy Policy. Please refer to our Privacy Policy for further information. We reserve the right to change the terms to the Privacy Policy unilaterally without prior notice from time to time. You are advised to check our Privacy Policy on the Website periodically to stay updated on any changes, variations or supplements to the Privacy Policy.

11. WAIVER

Any failure by IM9S to enforce theTerms shall not constitute a waiver of the Terms, and such failure shall not affect the right later to enforce the Terms. We would still be entitled to our rights and seek remedies in any other situation where you breach the Terms.

12. SEVERABILITY

If at any time any clause or provision of the Terms shall be or shall become illegal,or unenforceable in any respect, it shall be severed or modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clause or provision shall be deemed deleted. The legality and enforceability of the remaining provisions of the Terms shall not be affected or impaired by any such modification or severance, and shall continue in force as if such illegal, invalid or unenforceable clause or provision was severed from the Terms.

13. ENTIRE AGREEMENT

The Terms and our Privacy Policy, read with the Contract constitutes the entire agreement between IM9S and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral, relating to this subject matter.

14. RIGHTS OF THIRD PARTIES

A person or entity who is not a party to these Terms shall have no right in any jurisdiction to enforce any of these Terms of Sale.

15. FRAUD PREVENTION

(a) We screen all received orders for fraud or other types of unauthorized or illegal activity as part of our order processing procedures. For suspected fraud or unauthorized or illegal activity, we reserve the right to refuse to process an order and cancel any account. If such is the case, we may reject your order, or our customer service team may call you at the phone number you provided or contact you via your e-mail address to confirm your order. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

(b) We reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if the Terms are violated. You may receive a call or email from our customer service team conducting transaction verification related to an order.

16. OTHERS

(a) We reserve the right to amend, vary and/or supplement the Terms from time to time. You are advised to check the Terms from time to time for updates.

(b) Your continued use or access to the Website on or after the date on which any amendments, variations and/or supplements come into effect shall be construed as your agreement to be bound by the amended Terms.

17. GOVERNING LAW

(a) The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Singapore, without giving effect to any principles of conflict of laws.

(b) You agree that the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation.