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Terms of Use for Website

Welcome to club21shop.com (the "Website"). By accessing and/or using any part of the Website and/or using any of the services provided via the Website, you shall be deemed to have accepted to be legally bound by these Terms of Use ("Terms of Use"). If you do not agree to them, you may not use the Website and should leave it immediately. The Website is provided solely for your personal use. You may not use the Website for any commercial purposes.

References in the Website to "we", "us" and "Club 21" are to Club 21 Pte Ltd.

GENERAL

1. These Terms of Use contain the provisions in the contractual relationship entered into between you (the "Customer") and us ("Club 21") which you agree to be binding and enforceable at the time you access and/or use the Website and any of the services provided by Club 21 via the Website. You are deemed to have read, understood and accepted these Terms of Use.
2. Club 21 reserves the right to modify, add, vary or amend any of these Terms of Use from time to time without prior notice to the Customer. Club 21 shall revise such Terms of Use by updating this page from time to time, and in its sole discretion. The Customer's continued use of the Website and any of the services provided herein after such changes are posted, shall be deemed an agreement by the Customer of these Terms of Use as modified.
3. It is the Customer's responsibility to ensure that the jurisdiction the Customer is resident in or from which the Customer accesses the Website permits the Customer to access and use the Website and any services provided by Club 21 in the Website. By accessing and using the Website and any services provided by Club 21 in the Website, the Customer represents and warrants to Club 21 that the jurisdiction the Customer is resident in or from which the Customer accesses and/or uses the Website permits the Customer to access and/or use the Website and any services provided by Club 21 in the Website.

INTELLECTUAL PROPERTY RIGHTS

1. The Website and all materials, including but not limited to photographs, illustrations, data, text, images and information on the products and services offered by Club 21 (the "Contents") appearing on the Website are protected by copyright, trademark and other forms of proprietary rights ("Intellectual Property") which are owned, licenced to or controlled by Club 21 or its affiliates.
2. The Customer may electronically copy and/or print hard copies of the Contents solely for the Customer's own personal and non-commercial purposes to make an online purchase from the Website. Otherwise, except as agreed to in writing by Club 21, the Customer is strictly prohibited from uploading, downloading, copying, reproducing, re-publishing, transmitting or distributed in any way, the Contents or any part thereof.
3. Club 21 retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in the Website, and the Customer and any other persons are prohibited from using the same without the prior written permission of Club 21.

ACCESS TO WEBSITE

1. Club 21 reserves all rights to deny or restrict access to the Website to any person, or to block access from any internet source or address to the Website at any time in its sole discretion, and without providing any notice or reason.

LINKS

1. The Website may contain links to other websites and pages which are not maintained by Club 21. By clicking on or activating such links, the Customer acknowledges that Club 21 does not exercise control over any data or any information which the Customer gives to any other entity after leaving the Website. Any access to such other websites is entirely at the Customer's own risk. Club 21 shall not be liable for any damages or loss arising from the Customer accessing such other websites.
2. All hyperlinks to such other websites are provided as a convenience to the Customer, and Club 21 is not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.

CONFIDENTIALITY

1. No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, Club 21 does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication transmitted to Club 21 and the Customer does so at his own risk.
2. The Customer hereby unconditionally consents to Club 21 releasing any data provided via the Website, or by phone or fax, to Club 21's employees, advertisers, parent company, related companies and associated companies, subcontractors, agents or other network operators who carry out services for Club 21 in connection with the provision of services related to the Website.
3. Any questions, comments, suggestions, feedback and/or information which is sent to Club 21 via the Website or posted on the Website will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. Club 21 therefore reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, releasing such information to any advertisers, parent company, related companies and associated companies in connection with the development, marketing, manufacturing of products and services.

SECURITY OF WEBSITE

1. The Customer hereby expressly acknowledges and agrees that:-
   1. The Website is provided on an "as is" basis without warranties of any kind and Club 21 does not warrant that the functions provided in the Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
   2. Club 21 does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, non-infringement of the Contents;
   3. To the fullest extent permitted by law, Club 21 is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with the Customer's use of the Website. Accordingly, the Customer hereby releases Club 21 and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with the Customer's use of the Website;
   4. Any material which the Customer downloads or otherwise obtains through the use of the Website (such actions being strictly prohibited), is done at the Customer's own discretion and risk and the Customer is solely responsible for any damage to his computer system or loss of data or other liability that results from the download of any such material. Club 21 is not liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to computer system used by the Customer or any other losses or damage resulting directly or indirectly from access to or use of the Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from the Website.
2. While Club 21 shall use our best endeavors to prevent any unauthorised entry to the Website, Club 21 shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to the Website.
3. The Customer agrees to indemnify and hold Club 21, its directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, demand or costs (including solicitors' fees on a full indemnity basis) which Club 21 may suffer or incur due to or arising out of in connection with :-
   1. The Customer's breach of any of the provisions of these Terms of Use;
   2. Any action taken or omitted to be taken in good faith by Club 21 pursuant to the Customer's instructions, and/or providing personal information to Club 21; and
   3. Otherwise in connection with these Terms of Use and the Customer's use of the Website.

RESTRICTIONS ON DEEP LINKING/FRAMING

1. Club 21 is concerned about the integrity of the Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Club 21 is concerned with activities such as linking to an internal or subsidiary page of the Website that is located one or several levels down from the home page of the Website ("Deep Linking") and the incorporation of any part of the Website as part of the Customer's or others' web page ("Framing"). The Customer undertakes that he shall neither nor authorise any other party to carry out any activity that constitutes Deep Linking to or Framing any part of the Website or any form of linking to any part of the Website from any other website owned, controlled, used by the Customer unless the Customer has first obtained the express written permission of Club 21 to do so.

FORCE MAJEURE

1. Club 21 shall not be liable to the Customer or any other party, or be deemed to be in default, for any delay or failure in performance under these Terms of Use resulting from acts beyond its control, including without limitation (i) fire, accident, epidemics, infectious diseases, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes (whether or not involving Club 21's employees), shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Club 21, (ii) acts of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or (iii) war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services.

OTHER PROVISIONS

1. No failure, delay, relaxation or indulgence on the part of Club 21 in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.
2. If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction, to be illegal or invalid under present or future laws or regulations effective and applicable during the terms of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use.
3. No person shall have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) unless that person is expressly named in these Terms of Use.

APPLICABLE LAW

1. These Terms of Use shall be governed by, and shall be construed in accordance with the laws of Singapore and the Customer agrees to submit to the jurisdiction of the Singapore courts.

Terms and Conditions for Online Shopping

GENERAL

1. These terms and conditions (these "Terms and Conditions") contain the provisions in the contractual relationship entered into between you (the "Customer"), and us ("Club 21") which you agree to be binding and enforceable at the time you submit an order either through the website at http://www.club21shop.com (the "Website") to purchase the Products. By placing such orders with us, you are deemed to have read, understood and accepted these Terms and Conditions.
2. Club 21 reserves the right to add, vary or amend any of these Terms and Conditions from time to time without prior notice to the Customer. It shall revise such Terms and Conditions by updating this page from time to time, and in its sole discretion.
3. Club 21 reserves the right to modify or discontinue, temporarily or permanently, this Online Shopping service (or any part thereof) with or without notice at any time.
4. In these Terms and Conditions, the following expressions shall have the following corresponding meanings:
   1. "Intellectual Property" refers to all intellectual property rights of whatsoever nature, including (but without limitation to) patents, trademarks, service marks, designs, applications for any of the forgoing, copyright, design rights, know-how, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof, trade and business names;
   2. "Online Shopping" refers to the purchasing of Products through the Website; and
   3. "Products" refers to the vouchers, hampers or any products for sale by Club 21 as featured on the Website.
5. All the Products sold by Club 21 through the Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between the Customer and Club 21.

ELIGIBILITY CONDITIONS

1. The Online Shopping service is available only to a Customer aged 21 and above and Products may be collected or delivered within Singapore only. Club 21 has the sole and absolute discretion to refuse to accept the orders of a potential customer for any reason whatsoever and to terminate the orders of any Customer for any reason whatsoever.

SUBMISSION OF ORDERS

1. The Customer may place an order through the Website by clicking on the 'Make Payment' button. Shortly after the order is successfully submitted, an email will be sent to the Customer at the email address provided at the point of submitting the order. This email acknowledges the details of the Customer's order. If the Customer does not receive an acknowledgment email from Club 21 within two working days, please contact Club 21's Customer Service at +65 6304 1333, or email at rewards@club21.com.sg.
2. Confirmation of receipt of the Customer's order does not guarantee the availability of the Products.
3. Club 21 reserves the right to reject any orders at any time, in its sole discretion. Non-acceptance of an order may be a result of any of the following:
   1. The Product ordered is out of stock;
   2. Club 21 is unable, for any reason, to obtain authorisation for the Customer's payment;
   3. There is a pricing or product description error; or
   4. Any other reason that prohibits us from processing the Customer's order

PAYMENT

1. Club 21 only accepts payment for orders in Singapore Dollars.
2. Club 21 accepts payment by American Express, MasterCard, MasterCard Debit, Visa and Visa Debit via PayPal™. Club 21 does not accept Switch, Electron, Maestro or any other international debit cards, credit or other modes of payment.
3. The issuer of the credit card or debit card or charge card may have policies and procedures relating to how payments are effected in Singapore dollars. Club 21 is not responsible for the application of such policies and procedures.
4. Please do not send any payment information via email as Club 21 does not guarantee the security of data sent by email.
5. By submitting an order to Club 21 through the Website, the Customer represents and warrants that the payment details provided on the Customer's order are valid and correct, and that when the Customer's order is accepted and processed by Club 21, payment will be made in full. By placing an order, the Customer confirms that he is the person referred to in the billing section.

PRICING

1. All prices shown on the Website are in Singapore Dollars and do not include Goods and Services Tax ("GST"). GST at the prevailing rate is applicable to certain Products and the final amount payable for such Products will be as featured in the tax invoice.
2. GST charges are not applicable for gift vouchers. However, the delivery charges by Singapore Post registered mail service for gift vouchers is subject to prevailing GST charges.
3. GST is chargeable on all other Products.
4. Please note that the prices featured in the Website may change from time to time, and any special offers may be withdrawn in Club 21's sole discretion at any time.
5. Although Club 21 tries to ensure the prices displayed on the Website are accurate, errors may sometimes occur. If Club 21 discovers an error in the price of an item the Customer has ordered, Club 21 will contact the Customer as soon as possible. The Customer has the option to reconfirm his order at the correct price or cancel it. If Club 21 is unable to contact the Customer, Club 21 may treat the Customer's order in respect of the incorrectly priced item as cancelled.
6. eSHOP retail prices are exclusive. Further offline discounts and promotions are not applicable.

VARIATION / CANCELLATION OF ORDER

1. After submission of an order via the Website, the Customer cannot vary or cancel the order as Club 21 may have already processed the Customer's order. No refund of payments are allowed.

PRODUCT AVAILABILITY / DESCRIPTION OF PRODUCTS

1. Products featured on the Website have been carefully selected for Online Shopping. Once a Product is sold out, it will be taken off the Website at the earliest opportunity and may not be available again.
2. Prices of Products may change from time to time. If Products ordered are out of stock, subject to a delay or the price is higher than that shown on the Customer's order, Club 21 will try to contact the Customer at the email address or telephone number provided. If Club 21 cannot contact the Customer or receives no response from the Customer, Club 21 will cancel the part of the order that is unavailable or incorrectly priced, and will continue to process the remaining items on the order (where applicable).
3. All Products are subject to availability. If due to unforeseen circumstances, it is necessary to substitute a Product, the Product will be of equal or greater value than that which it replaces and substitutions will only be made with the Customer's prior consent. If the Customer agrees to a replacement Product which is at a higher price, the Customer will be liable to pay for the difference in value of the Product.
4. The prices advertised on the Website are for Online Shopping only. As such, prices for some Products may differ from those available for sale at the Club 21, SuperNature and other Club 21 associated companies.
5. Club 21 has taken care to ensure that the Product illustrations and information are as accurate as possible, but photograph and images that are shown on the Website are only representations and the actual Products that are delivered to the Customer may vary accordingly.
6. Club 21 may from time to time set credit limits for individual Customers and Club 21 reserves the right to limit or restrict the sale of Products to any Customer. In addition, Club 21 reserves the right to reject sales to re-sellers.

EXCHANGE AND RETURNS POLICY

1. Except in relation to faulty or incorrectly supplied goods, all Products purchased on the Website may NOT be returned for a refund or exchange.
2. Subject to clause 8.i, Club 21 has a policy of no refund or return of exchange of Products unless the Products are:-
   1. Defective or damaged due to transit and which defects or damage can be attributed to Club 21's fault;
   2. Have expired; or
   3. Materially different from the Product the Customer had ordered.
3. The Customer must check the Products upon collection or upon delivery and acknowledge on the Delivery Order form that the Products are correct in accordance with their order and in good condition. If the Products are faulty or incorrect, Customers must immediately inform the delivery personnel and if requesting for a replacement Product(s), to submit such request orally to him. The Customer should not sign the Delivery Order form.
   
   Upon confirmation by Club 21 on such defects, damage, expiry of or incorrect Products, Club 21 shall, in its sole discretion, offer a replacement of the Product. The Customer is not entitled to choose which of the aforesaid options to be offered to him.
4. For Products that had been delivered and Club 21 has agreed to replace, a replacement will be arranged for re-delivery by Club 21's Customer Service Team.
5. If any Product has not been delivered but the Customer has paid for it, Club 21 shall, in its sole and absolute discretion, either arrange for a subsequent delivery of the missing Product, or refund the Customer a sum equivalent to the value of the Product.
6. If the Customer has paid in excess of the final purchase amount due for the delivered Products, Club 21 shall refund the Customer the sum equivalent to the difference in the amounts due and paid without any interest or penalty.

DELIVERY INFORMATION

1. Please allow up to three to five working days for delivery of gift vouchers and four to 10 working days for delivery of hampers and T-shirts. Delivery is subject to availability of Products in stock and our delivery schedule. There are no deliveries on Sundays and Public Holidays.
2. Delivery charges are payable for delivery via Singapore Post registered mail service for gift vouchers. There are no delivery charges for hamper orders.
3. Please note that Products can be delivered to Singapore addresses only and will not be delivered outside of mainland Singapore.
4. The Customer can choose to personalize Gift Vouchers Folders with voucher purchases. The Customer can choose to personalize and include a short message for hamper and T-shirt purchases.
5. Club 21 shall use reasonable endeavours to effect delivery within the requested time slots but Club 21 shall not be liable for any delay howsoever caused. Delivery timings may be changed by Club 21 at any time and in its sole and absolute discretion.
6. Delivery must be accepted by the Customer or the Customer's authorised representative, who shall sign on the acceptance form confirming safe receipt of delivery. If the Customer is not present to accept delivery, or, if Club 21 is unable or fails to effect delivery (where such inability or failure is not solely attributable to Club 21), the Customer must contact Club 21 immediately to arrange for a subsequent delivery time slot, which will be allocated according to Club 21's schedule. The Customer will bear all transport costs and administrative fees for each unsuccessful delivery attempt. The Customer will also pay for all perishable Products in the earlier delivery attempt(s) which have been damaged and/or have expired and all substitute Products which Club 21 includes in the subsequent delivery.

GENERAL TERMS AND CONDITIONS FOR CLUB 21 AND SUPERNATURE GIFT VOUCHERS

1. Gift vouchers are subject to further conditions printed on them.
2. Gift vouchers are available for purchase online in denominations of S$50 only. There are no restrictions on the number of vouchers the Customer may wish to purchase via the Website, however Club 21 reserves the right to determine a maximum amount in the event of an excessive amount.
3. Club 21 gift vouchers can be utilized at any free-standing Club 21 boutique in Singapore only (including SuperNature and Duchy Originals retail stores). For a full list of the free-standing Club 21 boutiques, click here.
4. SuperNature gift vouchers can only be utilized at free standing SuperNature and Duchy Originals stores in Singapore only.
5. Club 21 and SuperNature gift vouchers cannot be utilized via Online Shopping.
6. In the event that any products purchased in the retail stores is less then the denomination on a voucher, the entire amount of the voucher will be redeemed as payment and the excess amount will be forfeited immediately.
7. Gift vouchers will expire as indicated on the voucher(s). The issue and expiry date printed is determined by Club 21 in its sole and absolute discretion and is conclusive and binding on the Customer and the user.
8. Club 21 and SuperNature gift vouchers are not exchangeable for cash. They may not be used in conjunction with other vouchers, at bazaars organised by Club 21 or any of its associates, or during any promotions, sales, end of season sales, as determined by Club 21 or its associates.
9. Club 21 is not responsible for lost, stolen or damaged gift vouchers, once issued. The gift vouchers cannot be replaced if lost, stolen or damaged

EXCLUSION/LIMITATION OF LIABILITY AND WARRANTIES

1. Club 21 does not warrant to the Customer or to any third party who purchases or consumes or uses the Products purchased via the Website any fitness or suitability for any purposes, merchantability of the Products or make any representation in respect of the condition or usage of the Products in any way, and Club 21 shall not be liable for any losses or damage, whether direct or indirect, or consequential losses, which may be suffered by the Customer or any third party arising from the consumption or use of the Products so delivered.
2. Club 21 does not adopt any representation or warranty of any kind, by any manufacturer or merchant or distributor or agent of any Products which are offered for sale through the Website.
3. Any liability of Club 21 arising under the laws of Singapore for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Club 21's obligations hereunder shall not in any event exceed an amount equivalent to the price of the affected Product.
4. In addition, the Customer hereby expressly acknowledges and agrees that:-
   1. This Online Shopping service is provided on an "as is" and "as available" basis;
   2. Club 21 shall not be liable to the Customer or any third party for any losses or damage, whether direct or indirect, including but not limited to loss of data, income or profit arising out of or in connection with the use of or inability to use the Website or this Online Shopping service, or consequential losses, which may be suffered by the Customer or any third party arising from the access to and use of this Online Shopping service; and
   3. Any material which the Customer download or otherwise obtain through the use of the Website is done at the Customer's own discretion and risk and the Customer is solely responsible for any damage to his computer system or loss of data or other liability that results from the download of any such material. Club 21 is not liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to the Customer's computer system or any other losses or damage resulting directly or indirectly from access to or use of the Website, or any uploading, downloading of data, text, images or other materials or information from the Website

CONFIDENTIALITY 

1. The Customer hereby unconditionally consents to Club 21 releasing any data provided via this Online Shopping service to Club 21's employees, advertisers, parent company, related companies and associated companies, subcontractors, agents or other network operators who carry out services for Club 21 in connection with the provision of these services to the Customer.

COLLECTION OF PERSONAL INFORMATION

1. Club 21 collects personal information such as your name, email address, birth date, gender, address, contact information, occupation, credit card and other payment information, and personal interests and preferences (“Personal Information”) when you:
   1. Apply to be a registered user of the Website;
   2. Visit the web pages on the Website that can be accessed without the need for registration;
   3. Make an online purchase through the website of our third party service provider, PayPal™ or such other service provider we may use from time to time;
   4. Enter promotions or contests that are available to you without having to be a registered user of the Website;
   5. Conduct any Online Shopping; and
   6. Submit a comment, question or feedback to us using a “Contact Us” or similar feature on the Website, send us an email, or in any other way, submit Personal Information to us via the Website.
2. Club 21 also automatically receives and records information from your browser on our server logs including but not limited to your Internet protocol address, cookie information and the page you requested.
3. Club 21 uses the Personal Information:
   1. To facilitate your access to the Website or your Online Shopping;
   2. To customize and personalise the content of the web pages that you see;
   3. To fulfill your requests for Online Shopping; and
   4. To evaluate your preferences and facilitate future works on the Website.
4. Your Personal Information will not be sold, transferred or otherwise conveyed to unaffiliated third parties without your approval at the time of collection. At such point of collection, you shall have the opportunity to indicate whether you would like to "opt out" of receiving promotional and/or marketing information from Club 21 and its related companies and associated companies. Your request for us to cease sharing your Personal Information with other entities for marketing purposes will only take effect from the date we receive your request.

FORCE MAJEURE

1. Club 21 shall not be liable to the Customer for default of its obligations under this Online Shopping services when such default is by reason of
   1. fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Club 21,
   2. Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or
   3. war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, Club 21 shall be excused from such performance to the extent of such prevention.

CLUB 21 CARD MEMBERS

1. If the Customer is a Club 21 Card member, the Customer will NOT earn Club 21 points on any Online Shopping orders.

APPLICABLE LAW

1. These Terms and Conditions shall be governed by, and shall be construed in accordance with the laws of Singapore and the Customer agrees to submit to the jurisdiction of the Singapore courts.