1. Who we are
We are SUSTAINIFY PTE. LTD,
These terms and conditions are our copyrighted intellectual property. No third party may use extracts from the terms and conditions for commercial purposes for the provision of goods and/or services. Infringements may be subject to legal action.
2. Definitions
In these Terms and Conditions:
a. “Account” means the Fashion Women's Clothing Sales account that you need to register on our Platform if you want to submit an Order;
b. “Business Day” means 10am to 6pm Singapore time, excluding Saturdays, Sundays and statutory public holidays;
c. “Contract” means one or more Products ordered by you under these Terms and Conditions and accepted by us in accordance with clause 6.2 below;
d. “Customer” means any individual who places an Order on the Platform;
e. “Gift Card” means a physical or electronic Gift Card purchased or received by you;
f. “Order” means an order submitted by you to the Platform to purchase Products from us;
g. “Order Confirmation” means the email we send to you in which we confirm your Order in accordance with clause 6.2 below;
h. “Platform” means the Fashion Women's Clothing Sales website, and any other website or application that we may own or operate from time to time, each of which shall be referred to as the “Platform”;
i. “Product” means any Product available for sale to Customers on the Platform;
j. “Website” means the Fashion Women's Clothing Sales website accessible at the following address:www.baseballgearsdeals.com;
k. “You” means the client or guest;
l. References to “Clause” means the clauses in these Terms and Conditions;
m. Headings are for reference only and shall not affect the interpretation or construction of these Terms and Conditions;
n. Words denoting the singular shall include the plural and vice versa. Words denoting gender shall include all genders and references to persons shall include individuals, companies, corporations, firms or partnerships;
o. References to “include” or “including” or similar words or expressions shall be without limitation.
3. Eligibility
To place an order with Fashion Women's Clothing Sales, you must be eighteen (18) years of age or older. If you are under eighteen (18), you may only place an order with Fashion Women's Clothing Sales with the involvement of a parent or guardian.
4. Prohibitions
You may not misuse our Platform. You may not use any automated system or software to extract data from the Platform for any purpose. You must not commit or encourage criminal conduct, transmit or distribute viruses (including but not limited to trojans, worms, logic bombs) or post any other material on the Platform that is malicious, technologically harmful, in breach of confidentiality or in any way offensive or obscene; trespass; damage data; cause a nuisance to other users; infringe the proprietary rights of any other person; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of the Platform or any computer facilities accessed through the Platform. Any breach of this provision will constitute a criminal offence under applicable law. In the event of such a breach, Fashion Women's Clothing Sales will report the breach to the relevant law enforcement authorities and take appropriate legal action.
5. Entire Agreement
5.1 These Terms and Conditions apply to your use of the Platform and all orders and contracts placed or to be placed by us for the sale and supply of Products. These Terms and Conditions constitute the entire agreement between you and Fashion Women's Clothing Sales and supersede any and all prior and contemporaneous agreements between us.
5.2 You acknowledge that by entering into this Contract, neither you nor we have relied on any representation, promise or undertaking made by the other or any representation, promise or undertaking expressed or implied in writing between you and us prior to these Terms and Conditions, except as expressly set out in these Terms and Conditions.
6. Terms of Sale
6.1 Registration
(a) To place an Order, you must register with us by creating an account on the Platform. You must only submit accurate and truthful information to us. You must also keep your information up to date by notifying us of any changes using the relevant parts of the Platform.
(b) You must not abuse the Platform by creating multiple user accounts.
6.2 Formation of Contract
(a) The information set out in the Terms and Conditions and the details contained on the Platform do not constitute an offer to sell but an invitation to treat. No contract in respect of the Products will exist between you and us until we have shipped the Products to your address.
(b) To place an Order, you will need to follow the online shopping process on the Platform. Thereafter, you will receive an Order Confirmation which will serve as our confirmation of receipt of your Order. You acknowledge that receipt of an Order Confirmation does not constitute our acceptance of your Order.
(c) An order is deemed to be accepted by us only when your order is delivered to the delivery address you provide, at which time you will receive an email notifying you that your order has been dispatched. Please check the status of your order through the Platform. For more information on order status, please click here.
(d) The Contract only relates to the Products that we deliver to you. If your order contains multiple Products, the Products may be delivered to you in different packages at different times.
6.3 Prices and Payment
Although we do our best to ensure that all details, descriptions and prices displayed on the Platform are accurate, errors may occur. If we discover an error in the price of any Product you have ordered, we may cancel your order at our discretion. If this happens, we will notify you by email. If you have already paid for your order, you will receive a full refund in accordance with the refund schedule outlined in our Returns and Refunds Policy.
(a) Prices are quoted in US dollars. Where applicable, delivery charges will be charged separately; such additional charges will be clearly displayed and included in the “Final Total”.
(b) If the price listed on the Platform is incorrect (even if we have confirmed your order), we are not obliged to fulfil your order.
(c) You can pay using any of the payment partners listed on our Platform. Likewise, you may pay all or part of the price of your order using an e-gift card, store credit or promotional voucher.
(d) E-gift cards and promotional vouchers must be entered at the online checkout page. Physical vouchers presented to Fashion Women's Clothing Sales personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Upon receipt of your order, we will request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The order will not be confirmed until the pre-authorisation check is completed. Once we send you your order confirmation, your card will be debited. The card is subject to validation checks and authorisation by the card issuer. If we do not receive the required authorisation, we will not be responsible for any delay or non-delivery.
(f) After authorising payment, by clicking on the “Order Now” button, you confirm that the card belongs to you or that you are the legal holder of the e-gift card or promotional voucher and that there are sufficient funds or credit to cover the cost of the product.
6.4 Wrong Orders
If you discover that you have made an error in your order after submitting it to the Platform, please contact us immediately here. We will do our best to process your request.
6.5 Rejection of Orders
(a) We reserve the right to withdraw any Product from the Platform and/or remove or edit any material or content on the Platform at any time. We will do our best to process all orders at all times, but in exceptional circumstances we may need to refuse to process an order after sending you an Order Confirmation and we reserve the right to do so at any time at our sole discretion.
(b) If we cancel your order and you have already paid for your order, the amount paid will be refunded to you in full.
(c) We will not be liable to you or any other third party if we withdraw any Product (whether sold or not) from the Platform, remove or edit any material or content on the Platform, or refuse to process or accept an order.
7. Delivery
7.1 We aim to deliver the Products to you at the delivery location you requested in your order and on the delivery date and time specified by us at checkout for your order (as updated in the Order Confirmation).
7.2 If we expect that we will not be able to meet the estimated delivery date, we will try to notify you but, to the extent permitted by law, we will not be liable for any loss, liability, cost, damage, expense or expense arising from delay in delivery.
7.3 You may be required to sign for the products when they are delivered. You can do this by contacting Fashion Women's Clothing Sales Customer Service at [email protected]. You should be able to provide the documents delivered with the products upon request. If you have not received your order but the order status shows as “delivered”, please contact Fashion Women's Clothing Sales Customer Service by email. Our Customer Service team will inform you accordingly.
7.4 Please note that we may not be able to deliver to certain areas, in which case we will notify you using the contact details you provided to us when ordering and arrange for cancellation of the order or delivery to an alternative delivery address.
7.5 We deliver in standard packaging.
7.6 All risk in the products shall pass to you upon delivery, except where delivery is delayed due to a breach of your obligations under the contract (see, for example, clause 7.8 below), risk shall pass on the date that delivery would have taken place but for your breach. We will not be liable for loss or damage to the products from the time risk passes to you. Any breach by you of your obligations may affect your ability to make future purchases from Fashion Women's Clothing Sales.
7.7 If you are unable to accept or collect the goods, we will attempt to contact you. We will attempt to re-deliver the goods on the next business day. You can also contact our Customer Service team or the courier. See here for more information.
7.8 If delivery or collection is delayed because you unreasonably refuse to accept delivery, or you do not accept delivery or collect the products from the carrier (within one week of our first attempt to deliver the products to you), we may (without prejudice to any other rights or remedies available to us) do one or both of the following:
(a) charge you for any fees and other costs reasonably incurred by us; or
(b) no longer make the products available for delivery or collection and notify you that we will immediately cancel the applicable contract, in which case we will refund to you or your credit or debit card company any amounts paid to us under the contract less our reasonable administration costs (including the costs of attempting to deliver and then returning the products, and any storage costs as set out in clause 7.8(a) above).
7.9 You acknowledge that the products are standard and not custom made to any of your specific requirements.
7.10 Delivery charges shall be calculated in accordance with the thresholds set out in Delivery.
7.11 If there is a conflict between the total size of the shopping cart and the free delivery entitlement, the value on our platform will prevail.
8. Customer Cancellation (Non-Defective Products)
If you wish to cancel your order, you may do so through the Platform. Only unpacked orders can be cancelled. You may contact our Customer Service team through the chat here or send an email to [email protected] and our Customer Service team will inform you accordingly. No cancellation fee will be charged. Once an order has been packed, it cannot be cancelled and the goods must be returned to the Company in accordance with the Return Policy here or as otherwise advised by the Customer Service team. All payments will be refunded. Please refer to Returns & Exchanges here for more information.
9. Returns and Refund Policy
9.1 We accept returns subject to Fashion Women's Clothing Sales‘s Return Policy. If you are not completely satisfied with your purchase, you may return the goods to us within thirty (30) days of receipt of the goods in accordance with our Exchange or Refund/Exchange Policy. The goods must be unused, the product labels must not have been tampered with, and the goods must be in the original brand packaging (if applicable). This policy only applies to products that do not fall under the list of non-refundable brands/products available on our Platform.
9.2 All goods must be received by Fashion Women's Clothing Sales for the customer to be eligible for a refund or exchange. You should ensure that the product is sent to us in the same condition as you received it and is packaged correctly. If the goods are returned to us in an unsuitable condition, we reserve the right not to accept the return and to return the product to you. If we find that Fashion Women's Clothing Sales‘s exchange or refund/return policy has been abused, appropriate measures may be taken, including legal action.
9.3 We do not accept any ad hoc returns.
9.4 Your returned product, along with the returns form, will normally be received and accepted at our warehouse within five (5) business days of posting. Return processing time will vary depending on the return method and courier you choose. Our quality inspection team can take up to two (2) business days to process your return.
9.5 Once we have received and inspected your goods, we will immediately refund you according to the preferred refund method stated on the returns form. In the case of an exchange, we will refund you via store credit, which you can use on your next purchase. If you would like a refund by other means, please contact our customer service team via chat here or email [email protected] and we will do our best to assist you. Please refer to our Returns & Exchanges page for further details.
10. Defective Products
10.1 All product descriptions, information and materials published on the Platform are provided on an “as is” basis without warranty of any kind, whether express, implied or otherwise, howsoever arising.
10.2 Product images seen on the Platform may differ slightly from the actual product you receive.
10.3 If the item you receive is defective, please contact our Customer Service team with your order number, your name and address, details of the product and the reason for your return and whether you require a refund or exchange. Please refer here for further details.
10.4 Upon receipt of the product, we will inspect it and notify you of the status of your replacement or refund (if any) by email as soon as possible.
10.5 Fashion Women's Clothing Sales may, at its sole discretion, refuse to process a replacement/exchange order and may, at its sole discretion, offer a refund as an alternative remedy, subject to clause 9.
10.6 If we find that the returned product is not faulty and/or does not follow the process set out in clause 10.3, we may at our sole discretion (a) not replace or refund the product for you and (b) return the product to you. In such event, we may require you to pay all reasonable shipping and service charges (including the cost of returning the product to you) at our then-current standard charges and costs and charge these charges to your credit or debit card or payment details you provided to us when placing your order and we will not be liable for any loss, liability, cost, damage, expense or expense resulting from such actions to the extent permitted by law.
11. Vouchers and Gift Cards
11.1 You may use promotional voucher codes and gift cards when paying for products on the Platform. The specific details of promotional voucher codes and gift cards are set out below.
11.2 Fashion Women's Clothing Sales may exercise its right at any time, at its sole discretion, to cancel or modify an order, require a different payment method, revoke or limit the use of any Voucher Code or Gift Card, revoke or limit the use of Store Credit in your Wallet and/or close your Account without any compensation or refund in the following circumstances:
(a) if we reasonably believe that the Voucher Code or Gift Card was obtained, used or applied fraudulently, illegally, unlawfully or otherwise in violation of these Terms and Conditions or any other terms and conditions that may apply to the Voucher Code or Gift Card;
(b) if we reasonably believe that the Voucher Code or Gift Card is being used for any commercial purpose, including the resale or export of products purchased from Fashion Women's Clothing Sales; or
(c) if we reasonably believe that the use of the Voucher Code or Gift Card is detrimental to Fashion Women's Clothing Sales‘s customers, reputation, goodwill, business or operations.
11.3 We are not responsible for lost, stolen or invalid Voucher Codes or Gift Cards.
11.4 Voucher Use and Redemption Conditions:
From time to time we may distribute promotional voucher codes that can only be used on the Platform:
(a) Voucher codes are valid for the specified period stated on the voucher, can only be redeemed once and, unless otherwise stated, cannot be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategy. The current list of exclusions can be found here.
(b) You may only redeem one voucher code per promotion (unless otherwise stated). Fashion Women's Clothing Sales reserves the right to cancel any subsequent orders you place using a voucher code for the same promotion.
(c) If the value of the products you order is less than the value of the voucher code, no refund or remaining credit will be issued.
(d) The credit of a voucher code does not accrue interest and has no cash value.
(e) Voucher codes must be entered at the online checkout page
(f) If the credit of a voucher code is insufficient to cover the order you wish to place, you may make up the difference using one of our accepted payment methods.
(g) For voucher codes/discount codes of a specified amount, if you choose to return the products, you will not receive the value of the voucher/discount. However, if you partially pay with your own funds, this portion will be refunded.
(h) Fashion Women's Clothing Sales may specify additional terms and conditions for specific promotional voucher codes. In such cases, the additional terms and conditions will govern the use and redemption of such promotional voucher codes together with these Terms.
(i) In rare circumstances, Fashion Women's Clothing Sales may at its sole discretion stop or cancel any previously issued promotional voucher code and will not be liable for any losses arising therefrom.
(j) For further details on the use of vouchers, please see here.
11.5 Gift Card Use and Redemption Conditions:
You may purchase Gift Cards for use on the Platform for yourself or other customers. The conditions in clause 12.4 apply to Gift Cards:
(a) Electronic Gift Cards will be sent by email;
(b) Gift Cards cannot be used to purchase other Gift Cards. Gift Cards can be purchased using any payment method accepted by us.
(c) The value of the Gift Card will be stored in your wallet as Store Credits when you redeem the Gift Card. For further details on the use of Gift Cards, please see here.
(d) Gift Card credit does not accrue interest and has no cash value.
(e) You may cancel a Gift Card order by contacting us via chat here or emailing [email protected]. If payment is made using a Gift Card, the Gift Card is deemed to have been redeemed.
(f) If the credit on a Gift Card is insufficient to cover the order you wish to place, you may make up the difference using one of our accepted payment methods.
12. Disclaimer
12.1 The Content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated otherwise and to the maximum extent permitted by law, Fashion Women's Clothing Sales and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever including, without limitation, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or costs of procurement of substitute goods and services, whether foreseeable or arising in contract, tort, in equity, restitution, at statute, at common law or otherwise.
12.2 Nothing in these Terms and Conditions shall exclude or limit Fashion Women's Clothing Sales‘s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
13. Warranties and Complaints Management
13.1 Fashion Women's Clothing Sales shall perform its obligations under these Terms and Conditions with reasonable skill and care.
13.2 We take customer satisfaction very seriously. You can contact us at any time using the contact details provided here. We will endeavour to resolve your concern as quickly as possible and contact you upon receipt of any relevant enquiries or complaints. In warranty situations, the manufacturer or supplier will usually have to be involved and resolution of such enquiries or complaints may take longer.
13.3 In the event of a complaint, it will help us if you describe the subject of the complaint as accurately as possible and, where applicable, send us a copy of your order or at least the order number assigned to you in your order confirmation. In rare cases, your email may be blocked by our spam filters or not reach us, or correspondence from us may not reach you. If you do not receive any response from us within five (5) working days, please make further enquiries.
Personal Data Protection
Please refer to our Privacy Policy, which forms part of these Terms and Conditions.
14. Circumstances beyond our control (Force Majeure)
14.1 We will not be liable to you for any breach, hindrance or delay in performance of the Contract caused by any cause beyond our reasonable control, including but not limited to:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
(d) impossibility of the use of railways, ships, airlines, motor vehicles or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) any act, decree, legislation, regulation or restriction of any government, strike, breakdown or accident in shipping, postal or other transport.
14.2 If the Force Majeure event continues for more than one week, either you or we may terminate the Contract immediately by written notice without any liability to you other than refunding any Products you have paid for but not delivered.
14.3 If we have contracted to supply the same or similar products to multiple customers and are unable to fully perform our obligations to you due to a Force Majeure Event, we may decide in our sole discretion which contracts will be performed and to what extent.
14.4 We reserve the right to decide in our absolute discretion what solution will be adopted to fully perform our obligations under the Contract despite the Force Majeure Event.
Notices
Any notice under the Contract shall be given in writing by letter or email to the last known address or email address of the relevant party.
(a) Any notice given by post shall be deemed to have been given two (2) business days after it is sent to the addressee.
(b) Any notice given by email shall be deemed to have been given two (2) business days after it was sent by email.
In proving such service, it shall be sufficient to prove that the letter or email was correctly addressed and sent by prepaid or registered mail, as the case may be, or that it was delivered or that a delivery report was received.
15. Intellectual Property
15.1 All content included in or available through our Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, event titles, and data compilations, is the property of Fashion Women's Clothing Sales or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Fashion Women's Clothing Sales and its licensors. You may store, print, and display the content for your personal use only. You may not publish, manipulate, distribute, or otherwise reproduce in any format any content or copies of content provided to you or appearing on the Platform, nor may you use any such content in connection with any business or commercial enterprise.
15.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or available through the Platform are trademarks of Fashion Women's Clothing Sales in Singapore and other countries. Fashion Women's Clothing Sales‘s trademarks may not be used in connection with any product or service that is not provided by Fashion Women's Clothing Sales, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fashion Women's Clothing Sales. All other trademarks not belonging to Fashion Women's Clothing Sales that appear on the Platform are the property of their respective owners.
15.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
15.4 You must not use any content on our site for commercial purposes without a licence from us or our licensors. If Fashion Women's Clothing Sales becomes aware that its intellectual property rights have been infringed it should take any relevant legal action.
15.5 If you print off, copy or download any part of our Platform in breach of these Terms and Conditions, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You must not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation provided by Fashion Women's Clothing Sales or its licensors.
16. Links to our website
16.1 You may link to our homepage, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
16.2 You must not establish a link from any Platform that is not owned by you.
16.3 The Platform may not be framed on any other platform and you may not create a link to any part of the Platform other than the home page. We reserve the right to withdraw linking permission without notice.
Waiver
Any failure or delay by us or you to exercise any right under these Terms and Conditions or a Contract does not constitute a waiver of that right nor extend to or affect any other or subsequent event or prejudice any right or remedy in relation thereto or in any way modify or impair our or your rights under these Terms and Conditions or a Contract.
Severability
If any provision of these Terms and Conditions or a Contract becomes invalid or unenforceable or is declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect any other provision or any part of any provision, all of which shall remain in full force and effect so long as these Terms and Conditions or a Contract would have continued in force without the unenforceable provision.
Assignment
You may not assign, transfer, novate, pledge, sub-contract, create any trust or in any other way deal with these Terms and Conditions or a Contract or all or any of your rights or obligations under them.
Relationship
Nothing in these Terms and Conditions or the Contract shall create or be deemed to create a partnership, agency or employer-employee relationship between you and us.
Third Party Rights
No person who is not a party to these Terms and Conditions or the Contract shall acquire any rights under these Terms and Conditions or the Contract or be entitled to benefit from any of its terms, even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or the Contract that it agrees to any such term.
Governing Law
These Terms and Conditions and the Contract (and all non-contractual obligations arising out of or in connection with them) shall be governed by and construed in accordance with the laws of Singapore. We and you both agree to submit to the non-exclusive jurisdiction of the Singapore courts. All transactions, correspondence and communications between us shall be conducted in the English language.
Changes
We reserve the right to amend these Terms and Conditions and our policies at any time at our sole discretion without prior notice. All amendments to these Terms and Conditions, including our policies, will be posted on our Platform and will take effect immediately. Your continued use of the Platform constitutes your acceptance of the amended Terms and Conditions.
Account Termination
We may, in our sole discretion, terminate your account with or without notice, cancel any transactions associated with your account, temporarily or permanently withhold any sales proceeds or refunds, and/or take any other action that Fashion Women's Clothing Sales deems necessary, without liability to you or any third party. These actions may be taken upon reasonable assessment that you have
(a) breached these Terms and Conditions or Fashion Women's Clothing Sales policies;
(b) engaged in unlawful, fraudulent, harassing, defamatory, threatening or abusive conduct;
(c) created multiple user accounts;
(d) abused coupons/promotions;
(e) excessive or disproportionate cancellations of orders at the time of delivery; and
(f) engaged in conduct that is harmful to other users, third parties, or any conduct that is proven to have an impact on the overall operation of our business. This clause does not exclude other remedies that Fashion Women's Clothing Sales may have under the laws of Singapore in force.
