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TERMS OF SERVICE

These terms and conditions and any policies or documents to which a link is provided in them (collectively, "Terms") govern the terms of use that apply to www.roos.sg (the “Site”). If you have any questions regarding these Terms, you can contact us at: support@roos.sg

These Terms apply to your use of and access to the Site including all orders submitted by you for any products or services made available by us for purchase on the Site. By accessing the Site, you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms for future reference. If you do not agree to these Terms, you must cease using and accessing this Site immediately. The Terms may be changed and updated from time to time and any changes will be effective as from the publication of the new Terms on the Site.

You agree that the information you provide when you register on the Site is not misleading, and is true and accurate in all respects and you will notify us of any changes to that information. We may change, withdraw, or suspend access to the Site (in whole or part and permanently or temporarily) with or without notice and with no liability to you. The Site may include links to other platforms or resources ("Links"). We have no control over the content of the Links and you agree that should you access any Links, we are not responsible for the availability of the Links, and is not liable in any way for the content of the Links, including (without limitation) any goods or services available from such Links, other advertising or content on such Links or the use that such Links make of your personal information. Furthermore we will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Links or the content thereon. We may deny you access to the Site at any time in our sole discretion, including but not limited to when we believe that your use of the Site is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

PURCHASE OF PRODUCTS

1. ACCEPTANCE OF ORDERS

1.1 All information on the Site is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us which is subject to the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order at our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. These examples include but is not limited to the following:

 

(a) If products are shown on the Site but are not available or are incorrectly priced or      otherwise incorrectly described;

(b) If we are unable to obtain authorisation of your payment;

(c) If shipping restrictions apply to a product; or

(d) If the delivery address you give is the address of an entity or individual providing      freight forwarding services.

 

1.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until we have sent you an email confirming that the Products have been dispatched ("Dispatch Confirmation").

1.3 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Site, such as the My Account section of the Site ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Site without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Site.

1.4 In the event prolonged inactivity causes your connection to the Site to fail, your selection of goods/products may be lost. In such a case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.

1.5 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.6 You will be charged for products when the order has been processed (together with the relevant delivery charges and any card processing or payment processing charges), unless we inform you that in respect of certain products, payment shall be taken in advance, when or shortly after you submit your order.

1.7 Variations in the manufacturing processes and also the display properties of the computer hardware you use to view the Site may mean that the colours, measurements, and designs of the products (where applicable) displayed on the Site and the products delivered to you may differ in appearance in minor respects.

1.8 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.

1.9 By placing an order with us, you warrant that the products are for personal use only and not for re-sale, distribution or export, failing which you agree to indemnify Caerus Horizons Pte. Ltd.and hold Caerus Horizons Pte. Ltd. harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this clause.

2. PRICES

2.1 All prices of products on the Site are the price for the products only. They include VAT, GST and customs duties or taxes payable in accordance with applicable laws and regulations. The price, if not inclusive of VAT, GST or other customs duties or taxes will be displayed and notified to you accordingly.

2.2 We endeavour to ensure that all pricing information on the Site is correct. Occasionally, however, an error may occur and products may be mispriced. If a product's correct price is lower than the price stated on the Site, subject to our right to refuse an order pursuant to these Terms, we will charge the lower amount and send you the product. If a product's correct price is higher than the price stated on the Site, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavor to refund the payment taken as soon as possible if the product has not been shipped.

2.3 We may vary the prices of products listed on the Site at any time and without any notice but such changes will not apply to products in respect of which you have been sent a Dispatch Confirmation.

2.4 Please note that in some countries, additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

3. PAYMENT TERMS

3.1 The total cost of your order will be the purchase price for the Products and any additional services you order.

3.2 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our FAQ section.

3.3 Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section.

3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the payment details as provided are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the product(s) being located in Singapore.

3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Site.

4. INVOICES

4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

5. DELIVERY, TITLE AND RISK

5.1 Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that delivery may be subject to restrictions on certain locations to which we deliver products purchased from the Site. In the event the delivery address provided is incorrect or incomplete or for whatsoever reason, the order(s) cannot be delivered due to any change in address which is not notified to us in time and which is not due to any negligent act or omission on our part, then you shall bear and pay to us, all and any fees, charges and/or other expenses incurred by us for the re-delivery of the order(s) including any other administrative costs, taxes and dutiaes incurred thereby.

5.2 When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times set out or as otherwise specified in the checkout process as you submit your order. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in Singapore which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified. Whilst we endeavour to dispatch your order in accordance with the estimated delivery times on a best effort basis, we retain absolute discretion as to the order of priorities in which any products is/are delivered to our customers. We may also deliver the products in instalments, provided that full payment for the entire order shall have been made on or before the dispatch of the first instalment. We also reserve the right to make only partial delivery of any order, so if only part of an order can be shipped, we will use reasonable efforts to contact you to select suitable replacements failing which we will reject the entire order.

5.3 Title to the products will pass to you on (a) the date on which we receive payment in full for such Products; or (b) the date and time of collection of such products for delivery to your nominated address (as applicable), whichever is the later.

5.4 Risk in the products shall pass to the Buyer upon our delivery of the products to the courier or carrier, as the case may be. In this connection, you acknowledge and agree that the courier company or relevant customs authority is entitled in their sole and absolute discretion, to open and inspect the contents of your order(s) and that we cannot be held responsible in any way whatsoever for any loss or damage thereby caused to the products.

5.5 In the event that a product is subsequently imported into a country other than the country to which we delivered the product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

6. AGE REQUIREMENTS

6.1 By accessing this Site and placing order(s) with us, you represent and warrant that you are at least 18 years old and have the legal capacity, right, power and authority to accept to the Terms and if you are not using the services on this Site and contracting in your own personal capacity, you warrant and represent that you have obtained the relevant authorisation and have the full power and capacity to contract on behalf of a third party and you agree to and shall procure that such third party agrees to be bound by the Terms. In the case where you are contracting as parent or guardian of a child or ward who is below the legal age of majority in your jurisdiction, and who is using our services by accessing this Site, you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by the Terms and to be liable for your child’s or ward’s acts and omissions while accessing this Site and/or using our services.

6.2 If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

GENERAL 1. INTELLECTUAL PROPERTY

1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Site (the "Content"), is either owned by or licensed to Caerus Horizons Pte. Ltd., and is protected by such applicable copyright laws and treaties in Singapore and internationally, with all such rights hereby reserved.

1.2 The "ROOS” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, the Site, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Caerus Horizons Pte. Ltd. and/or its licensors and are protected by such applicable trade mark laws and treaties in Singapore and internationally.

1.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Site, the products depicted and/or available on the Site and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Site (the "Intellectual Property Rights") are and shall remain the exclusive property of Caerus Horizons Pte. Ltd. and/or its licensors and such Intellectual Property Rights are protected by such applicable intellectual property laws and treaties in Singapore and internationally.

1.4 Subject to the terms herein, we grant you access to use of the Site but it does not include the right to:

(a) use the Site in any way which may prejudice or damage the reputation of Caerus            Horizons Pte. Ltd.; or

(b) use the Site for any commercial or business purposes, as this Site is for your            personal use only; or

(c) use software robots, spiders, crawlers, or similar data gathering and extraction          tools, or take any other action that may impose an unreasonable burden or load on our      infrastructure.

1.5 We may terminate your use of the Site at any time in our sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

2. CONTENT

2.1 We endeavour to ensure that the information posted on the Site is accurate and complete. We do not, however, guarantee that the content or any other information available on the Site is accurate and/or error free, and we do not promise that the functionality of the Site or content will be error free or that the Site, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. We recommend that all users of the Internet ensure they have up to date virus checking software installed.

3. EXCLUSION OF WARRANTIES

3.1 This Section does not affect your statutory rights as a consumer and, in respect of the products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws.

3.2 SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Caerus Horizons Pte. Ltd. DISCLAIMS AND EXCLUDES ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

4. LIMITATIONS OF LIABILITY

4.1 Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law. 4.2 Subject to the Terms, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:

(a) economic losses (including, without limitation, loss of income, revenues, data, actual

    or anticipated profits, contracts, business, opportunity or anticipated savings); or

(b) loss of goodwill or reputation; or

(c) special, indirect or consequential losses or damages suffered or incurred by you          arising out of or in connection with these Terms.

4.3 Subject to the provisions of the Terns, our liability whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed, in aggregate 100% of the price of the product(s) you have ordered from www.roos.sg.

5. DATA PROTECTION

5.1 By placing an order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. We fully respect the privacy of individuals who access and use the Site. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy, which are incorporated into and form part of these Terms.

6. ASSIGNMENT, SUBCONTRACTING ETC.

6.1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

7. AMENDMENTS TO THESE TERMS

7.1 We reserve the right to make changes to these Terms at any time. Any contract of sale between us, will be subject to the version of these Terms in force at the time you order the products in question from us.

8. EVENTS BEYOND OUR REASONABLE CONTROL

8.1 We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

9. SEVERANCE

9.1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms and all transactions relating to the Site are governed by the laws of Singapore and you and we hereby submit to the non-exclusive jurisdiction of the Singapore courts.

11. ENTIRE AGREEMENT

11.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us in relation to the subject matter of any contract of sale between us. 11.2 We each acknowledge that in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

11.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

12. COMMUNICATIONS

12.1 When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

13. NOTICES

13.1 All notices given by you to us must be sent to Caerus Horizons Pte. Ltd. at 45 Cantonment Road Singapore 089748 or support@roos.sg. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

14. WAIVER

14.1 If we fail, at any time for the duration of the contract of sale between us, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

14.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in accordance with the Terms herein.

15. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT

15.1 The provisions of the Contracts (Rights of Third Parties) Act are expressly excluded from these Terms such that no third party may claim any rights under these Terms.

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