TERMS OF SALES
Terms Governing your Purchase
PLEASE READ CAREFULLY
THESE TERMS GOVERN THE SALES TRANSACTED THROUGH FRIENDCLUB.COM
These terms of sales (“Sales Terms”) (together with the documents referred to in it) govern your purchase of goods, services and/or subscriptions from our website at FRIENDCLUB.COM (“our site”). Our site is operated by FRIENDCLUB.COM, a company incorporated in Singapore (“FRIENDCLUB.COM“, “we” or “us”).
By proceeding further to checkout and payment, you confirm that you irrevocably and unconditionally accept the Sales Terms and that you agree to comply with them.
If you do not agree to these terms of use, you must not proceed to transact through our site.
OTHER APPLICABLE TERMS
Apart from the terms contained in this document, you agree to be bound by the other applicable terms and conditions that appear elsewhere in our site, which include but not limited to:
In the event of any conflict between the terms herein and other terms contained elsewhere, these terms shall prevail.
DEFINITIONS
Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa.
In these terms and conditions:-
“Acknowledgement” means our email acknowledgement of receipt of your Order
“Agreement” means the contract entered between you, the Buyer and the Seller of the Goods in respect of a Order
“Buyer” means you, having purchased the Goods from a Seller through our site FRIENDCLUB.COM or related and subsidiary sites
“Goods” means any product listed on our site and for the purposes of these terms and conditions includes services
“GST” means the applicable goods and services tax; value added tax or sales tax (or similar tax) that is charged to the transaction.
“Invoice” means the invoice issued by us to you showing the price of the Goods you have purchased from the Seller and which is your proof of purchase
“Price” means the price ascribed to any Good as set out on our site
“our site” means FRIENDCLUB.COM, FRIENDCLUB.COM/B2B and/or its subsites, or any one or more of them
“Order” means the electronic purchase you made on our site with the Seller
“Sales” means your purchase of the Goods from the Seller through our site
“Seller” means the seller or vendor of the Goods purchased by Buyer under the Order
TRANSACTION BETWEEN BUYER AND SELLER
FRIENDCLUB.COM provides electronic web-based marketplace platforms for exchanging information between buyers and sellers of products and services. We additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the sites subject to the applicable terms contained in our site. However, for any services, FRIENDCLUB.COM does not represent either the Seller or the Buyer in specific transactions. FRIENDCLUB.COM does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on our site or the ability of the Sellers to complete a sale or the ability of the Buyers to complete a purchase.
You acknowledge that you assume the risks of conducting any purchase and sale transactions in connection with using our site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents.
Sellers and Buyers are solely responsible for all of the terms and conditions of the Sales transactions conducted on, through or as a result of use of our site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
In the event that any Buyer has a dispute with a Seller relating to a Sales transaction, such Buyer agrees to release and indemnify FRIENDCLUB.COM (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
When buying Goods from a Seller at FRIENDCLUB.COM, you agree that:
- you are buying the Goods from the Seller and not FRIENDCLUB.COM
- any applicable GST/VAT/Sales Tax charged in the Order is charged by the Seller and not FRIENDCLUB.COM (unless the Goods is sold expressly by FRIENDCLUB.COM)
- the Agreement is between you (the Buyer) and the Seller
- FRIENDCLUB.COM is just a marketplace, and has no obligations whatsoever to perform in respect of your purchase of the Goods from the Seller
- you shall not hold or FRIENDCLUB.COM liable for your purchase of the Goods from the Seller
- you are fully aware that FRIENDCLUB.COM is a marketplace platform, and except as otherwise stated, you are not entering into a contract with FRIENDCLUB.COM to buy the item
- you agree to be bound by the terms and conditions hereincontained
- you are responsible for reading and understand the full item listing before making a bid or commitment to buy
- save for any item sold by FRIENDCLUB.COM, all Prices for the Goods are specified by the Sellers and not FRIENDCLUB.COM
- if you are an individual, you must have the capacity to enter into a contract, and should be at least 18 years old
- if you are an non-individual, eg. a Company or LLP, you must have the capacity to enter into a legally binding contract
- you enter into a legally binding contract to purchase an item (except for those items not permissible by law) when you commit to buy an item
- we do not transfer legal ownership of items from the Seller to the Buyer
- if you are concerned that an item may not be properly inspected and certified, it is your sole obligation to make your inquiry with the relevant Seller before your purchase
- FRIENDCLUB.COM or FRIENDCLUB.COM is not responsible for the delivery, and we shall not be held responsible or liable for any delay or failing in delivery of your order
- only persons aged 18 years and above may submit the Order or make any orders, purchases or any other form of request on our site
DELIVERY AND SELF-COLLECTION
If you choose for the Goods to be delivered to you, delivery charges will be charged based on the delivery mode offered by the Seller and selected by you. The delivery or shipping options are prescribed by the respective Sellers. You are advised to make enquiries on the delivery options and charges prior to committing to the purchase.
CANCELLATIONS, RETURNS & REFUNDS
It is entirely your obligation and responsibility to check with the Seller of the Goods on the policies relating to cancellations, returns and refunds prior to your committing to your Order. FRIENDCLUB.COM will not be responsible for any of these policies, and have no obligations whatsoever. However, in the event that FRIENDCLUB.COM assist any party to communicate with the other, it is doing so strictly as a gesture of goodwill and has no obligation whatsoever.
Although the Buyer and Seller are entering into contracts directly, we may provide a dispute resolution feature in our site.
If our payment system is PayPal, in addition to any feature in our site, PayPal has a Buyer and Seller Protection policy which is applicable to most products. If you have any dispute with a Seller, you may wish to use PayPal resolution service.
DISCLAIMERS
By transaction through our site, you expressly agree that the use of FRIENDCLUB.COM is at your sole risk. FRIENDCLUB.COM is provided on an “AS IS” and “as available” basis.
Neither FRIENDCLUB.COM nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates“) warrant that use of FRIENDCLUB.COM will be uninterrupted or error-free. Neither FRIENDCLUB.COM nor its Associates warrant the accuracy, integrity or completeness of the content provided on FRIENDCLUB.COM or the products or services offered for sale on our site by the Sellers.
Further, FRIENDCLUB.COM makes no representation that content provided on FRIENDCLUB.COM is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. FRIENDCLUB.COM and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by FRIENDCLUB.COM or its Associates shall create a warranty.
Under no circumstances shall FRIENDCLUB.COM or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the FRIENDCLUB.COM, including but not limited to the Sales made through our site that result in mistakes, omissions, interruptions, monetary loss, claims, damages, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of FRIENDCLUB.COM has been advised of or should have knowledge of the possibility of such damages.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
APPLICABLE LAW AND JURISDICTION
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Singapore law. You and we both agree to that the courts of Singapore will have exclusive jurisdiction.
If you are a business user, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Singapore law. We both agree to the exclusive jurisdiction of the courts of Singapore.
VERSIONS
Current Version: v1.02
Date: 12 January 2021
Past Versions: 21-12-2016; 18-10-2016; 5-12-2016; 9-12-2016