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Terms & Conditions

These are the terms and conditions of use and sale for your use of the site owned, controlled and managed by TheGelBottle Singapore / PhilCo Pte Ltd (the “Site”).

We request that you read these Terms and Conditions carefully before accessing or using our Site, or purchasing any products through the Site. If you have any questions in relation to browsing and shopping online with TheGelBottle Singapore / PhilCo Pte Ltd, please refer to our Frequently Asked Questions (“FAQ”) or contact us.

By using the Site, you agree to these Terms, and the provisions of our Privacy Policy, FAQ, Guidelines and Rules. TheGelBottle Singapore / PhilCo Pte Ltd reserves the right to change or modify any of the terms and conditions contained in the TheGelBottle Singapore / PhilCo Pte Ltd Terms in its sole discretion from time to time at any time, or upon notice as required by applicable laws. If TheGelBottle Singapore / PhilCo Pte Ltd decides to change the TheGelBottle Singapore / PhilCo Pte Ltd Terms, TheGelBottle Singapore / PhilCo Pte Ltd will post a new version on the Sites and update the date set forth above. Any changes or modifications to the TheGelBottle Singapore / PhilCo Pte Ltd Terms will be effective upon posting of the revisions. The TheGelBottle Singapore / PhilCo Pte Ltd Terms that will apply to any orders placed through our Site are the TheGelBottle Singapore / PhilCo Pte Ltd Terms that apply at the time you place the order. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with the TheGelBottle Singapore / PhilCo Pte Ltd Terms or the changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review the TheGelBottle Singapore / PhilCo Pte Ltd Terms and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

INTELLECTUAL PROPERTY

1.1 You may use the Site only in the manner permitted by the TheGelBottle Singapore / PhilCo Pte Ltd Terms.

1.2 All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, and all other forms of intellectual property rights existing in the world) in the Site are owned by or licensed to TheGelBottle Singapore / PhilCo Pte Ltd.

1.3 Permission is granted to electronically copy and to print the TheGelBottle Singapore / PhilCo Pte Ltd Terms or content of the Site purely for personal use and for the sole purpose of placing an order with TheGelBottle Singapore / PhilCo Pte Ltd, using the Interactive Services or using the Site as a shopping resource. Any other use of materials on the Site including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance without the prior written permission of TheGelBottle Singapore / PhilCo Pte Ltd is strictly prohibited.

ELIGIBILITY

2.1 To be able to make purchases through our Site, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated.

2.2 Please note that if you do not provide us with all the information we need, you cannot place or process your order.

2.3 The products, including any samples, are for your personal and non-commercial use only.

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

2.5 You agree and undertake that you shall not: access or use the Site or any Interactive Services for any illegal purpose or in violation of any applicable laws. You agree that you shall access and use the Site or any Interactive Services in good faith; attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site or the Interactive Services; or interfere with another user’s utilization and enjoyment of the Site or the Interactive Services.

PRODUCT INFORMATION

3.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.

3.2 The packaging of your products may vary from that shown on images on our site. 3.3 We reserve the right to amend the specification of the products if required by any applicable statutory or regulatory requirement.

3.4 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

3.5 In the event that the product you receive is defective or incorrect, Clause 6 (RETURNS AND REFUND) of the TheGelBottle Singapore / PhilCo Pte Ltd Terms shall apply. PRICE AND PAYMENT

5.1 Prices shown on the Site are in Singapore Dollars (SGD) and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Sites or other form of notification. 5.2 The price of products will be as stipulated at all times on our Site, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Site are correct, errors may occur. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

5.3 For information on the modes of payment available on the Site, please refer to the FAQ. RETURNS AND REFUND

6.1 We ensure all items that are posted to our customers are of the highest standard, but if there is ever a need to return an item, we do accept returns. In order to return products, the following conditions must apply:

- items must not have been opened or used and;

- the packaging of non-nail gel products must be undamaged.

6.2 Unfortunately, shipping charges cannot be refunded on any refunds, and you will be required to pay for these.

6.3 We must be notified of all damages and claims within 24 hours of receipt.

6.4 If you wish to exchange any colour choices after your order has been dispatched, you must return the bottles unopened and completely undamaged, for exchange at your cost to TheGelBottle Singapore / PhilCo Pte Ltd, 21 Tan Quee Lan Street, #03-02, 188108 Singapore. Once your order has been collected from us by our courier, you will not be able to cancel your order, unless faulty. Any authorised refunds will be in the form of a credit note. If you wish to return an item, please notify us in writing using the model cancellation form (on our website) and email [email protected]

We would be grateful if you would return your items via recorded or tracked post, this is for your peace of mind, and ours. This is not a requirement of law, this is a courtesy request.

1. If you have returned the products to us under this clause because they are faulty or misdescribed, we will refund the price of the products in the form of a credit note for the full amount paid by you (including delivery fees) to your account.

2. If the products have been delivered to you before you decide to cancel the contract, then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract.

3. Sale items: All goods purchased during any promotions are not returnable unless faulty.

4. Discount Codes & Vouchers: Discount codes cannot be used in conjunction with any other offers and cannot be applied to sale items. However, vouchers can still be used against items during sales. DELIVERY, TRANSFER OF RISK AND TITLE

7.1 Delivery costs: These will be as displayed on our website.

Once your products are ready for dispatch, our nominated courier or delivery organisation will contact you directly with an estimated delivery date. Please allow 1 to 10 working days estimated dispatch time. Should your order not arrive, please contact us, and we will investigate this matter; in certain circumstances, a full refund (in the form of a credit to your account) or a replacement may be offered once 15 days (for UK orders) has elapsed.

Delivery is complete once the products have been unloaded at the address for delivery set out in your order and the products will be your responsibility from that time.

You own the products once we have received payment in full, including all applicable delivery charges.

7.2 If you are not at home when the product is delivered: If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the courier/delivery driver will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.3 If you do not re-arrange delivery: The courier or we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite reasonable efforts, we, or the courier, are unable to contact you or re-arrange delivery or collection, we may end the contract.

7.4 If we fail to deliver the products: our liability is limited to the cost of obtaining replacement products of a similar description and quality in the cheapest market available, whose price will be less than that of the products. However, we will not be liable if you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of products.

7.5 We are not responsible for delays outside our control: Occasionally our delivery to you may be affected by an event outside our control. If an event outside our control delays our supply of the products, then we (or our courier) will contact you as soon as possible to let you know, and we will take the appropriate steps to minimise the effect of the delay. Provided we (or our courier) do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

IF THERE’S A PROBLEM WITH THE PRODUCT

8.1 How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can email us via the contact form on our website, telephone our customer service team locally at (+65) 9888 9020 or email [email protected]

DISCLAIMER AND LIMITATION OF LIABILITY

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

ENQUIRIES

10.1 The enquiries that you send to us must be sent preferably through e-mail via [email protected] PRIVACY

11.1 By submitting your email address in connection with your account, you agree that TheGelBottle Singapore / PhilCo Pte Ltd may use your email address to contact you about your TheGelBottle Singapore / PhilCo Pte Ltd account or for other administrative purposes and for any other purpose permitted or required by law.

FRAUD PROTECTION PROGRAM

12.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided or contact you via your e-mail address to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

12.2 TheGelBottle Singapore / PhilCo Pte Ltd reserves the right to conduct transaction verification processes, decline or cancel your order, reduce the quantity of your order and/or terminate your account without prior notice if the TheGelBottle Singapore / PhilCo Pte Ltd Terms are violated. You may receive a callback or email from our Customer Service conducting transaction verification related to an order.

GOVERNING LAW

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

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