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2014 Berakah Dermcare Pte Ltd. All Rights Reserved.
Tel: +65 91837524
 
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Dermagold Terms & Conditions

1. General

1.1 In these Terms and Conditions the following expressions shall have the following meanings:

a. "Customer" shall mean you and all other persons who purchase the products under your Login.

b. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, 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.

c. "Login" shall mean a Customer's membership number and access to DERMAGOLD under that Customer's registration.

d. "Product/Products" shall mean any and all the products for sale by DERMAGOLD

e. “DERMAGOLD” shall mean this Internet site or catalogues owned by DERMAGOLD and the medium by which Products are offered for sale by DERMAGOLD to the Customer.

1.2 All the Products sold by DERMAGOLD through this site are sold subject to these Terms and Conditions. By submitting your order for processing by DERMAGOLD, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.

1.3 These terms and conditions shall prevail over any other document purporting to have a contractual effect including any DERMAGOLD store policy.

1.4 The Customer shall agree to complete the registration process according to DERMAGOLD's requirements as stated on this site. The Customer shall provide DERMAGOLD with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone and e-mail address.

1.5 Registration is open to residents in Singapore aged 18 and above. DERMAGOLD has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.

1.6 The Customer will be liable for every order made under their Login and agree to indemnify DERMAGOLD for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating their registration information.

1.7 The Customer may place their order via our website at DERMAGOLD.SG. The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders does not guarantee stock availability.

1.8 For order of value $100 or more per delivery per location, there will be free delivery within Singapore. For order of less than $100 value per delivery per location, there will be a delivery charge of $8 within Singapore. For international delivery, charges will be based on weight and country of delivery.

1.9 Access to DERMAGOLD is gained through use of a personal membership number. The Customer shall ensure that their membership number is kept strictly confidential to prevent unauthorized use. DERMAGOLD shall use its best endeavors to prevent any unauthorized entry to the DERMAGOLD internet site. However, DERMAGOLD shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the DERMAGOLD internet site.

 

2. PRICE

2.1 DERMAGOLD shall make every effort to ensure that the prices, details and sizes of Products detailed by the DERMAGOLD are correct but DERMAGOLD reserves the right to vary the price and other details of the Products without notice.

2.2 The prices advertised by the DERMAGOLD are for home delivery shopping only. Prices for some Products may differ from those charged at DERMAGOLD stockists.

2.3 Not all Products sizes will correspond exactly to the description offered on-line. DERMAGOLD reserves the right to provide the nearest size of Product at the nearest price.

2.4 Discrepancies between the on-line bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. DERMAGOLD reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.

2.5 In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.

2.6 If the Customer requests a variation to the order which DERMAGOLD accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.

2.7 DERMAGOLD may from time to time set credit limits for individual Customers and DERMAGOLD reserves the right to limit sales including the right to prohibit sales to re-sellers.

 

3. PAYMENT

3.1 Payment for Products ordered through DERMAGOLD can be made by the VISA card, Mastercard, American Express Card, JCB and Paypal.

3.2 DERMAGOLD may change at any time the method by which payments for DERMAGOLD orders may be effected and such changes may be notified to the Customer by e-mail or by placing a notice to this effect on the DERMAGOLD internet site.

 

4. DELIVERY

4.1 DERMAGOLD shall use reasonable endeavors to deliver Products of acceptable quality to the delivery address (specified by the Customer on the registration form) within the time windows selected by the Customer but DERMAGOLD shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of DERMAGOLD.

4.2 DERMAGOLD effects delivery to Singapore and international addresses.

4.3 Delivery slots are subjected to availability.

4.5 The Customer is to notify DERMAGOLD immediately of a change to their delivery address and contact number.

4.6 Save where the Customer has specifically instructed DERMAGOLD to leave their delivery outside the door provided payment has already been effected earlier (when such delivery shall be at Customer's risk), all deliveries shall be signed off by the Customer on the delivery invoices.

 

5. VARIATION / CANCELLATION OF ORDER

5.1 The Customer may vary or cancel the order up to the point in time that DERMAGOLD has commenced processing the order and the Customer will not incur any cost in doing so.

5.2 Subject to the Customer's consent, DERMAGOLD may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.

5.3 If there is no prior consent from the customer for a substitution, no substitution shall be made.

 

6. PROPERTY RISK

6.1 All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but DERMAGOLD shall retain title in the Products until such time as payment for the Products has been effected.

 

7. RETURNS OF PRODUCTS / REFUNDS

7.1 Product pictures provided on this site are provided to help recognise products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive.
We take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.

7.2 DERMAGOLD shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please notify us either by e-mail at sales@dermagold.sg. Returns/Refunds can be arranged under the following circumstances:

a. if any Product has been delivered in a damaged condition, or if the Product is out of date, or if Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered, DERMAGOLD shall replace the Product. Please contact us at sales@dermagold.sg.

b. if any Product which was not included in the Customer's order is delivered to the Customer, DERMAGOLD shall collect the Product from the Customer.

c. if the Customer has been charged for a Product which has not been delivered, DERMAGOLD shall deliver the product at no extra cost to the customer.

d. If a Customer is charged more than the value of a Product, DERMAGOLD shall refund to the Customer the difference.

7.3 All refunds will be made to Customer's DERMAGOLD account as a store credit on which the original purchase was made within 14 working days from date of invoice.

7.4 All replacements of Products shall be effected in the shortest time possible.

7.5 All refund/replacement is subjected to DERMAGOLD's sole discretion.

 

8. WARRANTIES

8.1 To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

8.2 No agent or representative of DERMAGOLD is authorized to make any warranties, representations or statements regarding the Products and DERMAGOLD shall not in any way be bound by any such unauthorized warranties, representations or statements.

 

9. LIABILITY

9.1 The liability of DERMAGOLD whether in contract, tort or otherwise 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 DERMAGOLD's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.

9.2 DERMAGOLD shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall DERMAGOLD be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.

9.3 The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that DERMAGOLD assumes no obligation or liability for any advice or information given with the Products and DERMAGOLD shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.

 

10. INTELLECTUAL PROPERTY

11.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to DERMAGOLD shall at all times remain the property of DERMAGOLD.

11.2 DERMAGOLD and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of DERMAGOLD or such other parties.

 

11. FORCE MAJEURE

11.1 If the performance by DERMAGOLD of its obligations under the DERMAGOLD is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, 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 DERMAGOLD), DERMAGOLD shall be excused from such performance to the extent of such prevention.

 

12. VARIATION OF TERMS AND CONDITIONS

12.1 DERMAGOLD reserves the right to amend these Terms and Conditions in its sole discretion. DERMAGOLD may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and DERMAGOLD shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

 

13. APPLICABLE LAW

13.1 These Terms and Conditions shall be governed by the laws of Singapore and the Customer and DERMAGOLD agree to submit to the jurisdiction of the Singapore courts.

 

14. PERSONAL DATA

14.1 The Customer authorises DERMAGOLD to collect, retain and use personal information about the Customer for the following purposes:-

a. Undertaking any dealings or transactions with the Customer and providing continuous services to the Customer;

b. Enforcing of any legal or other rights DERMAGOLD may have against the Customer in any manner that DERMAGOLD sees fit;

c. Assessing the Customer's credit-worthiness;

d. Making such disclosures which may in DERMAGOLD's opinion be required for any of the above purposes;

e. Sending the Customer any advertising and/or promotional material;

f. Designing services for Customers;

g. Conducting research, such as research which determines which areas are not meeting DERMAGOLD's Customers' needs;

h. Customising pages for Customers and putting together Customer shopping lists;

i. Notifying Customers of special offers or new Products;

j. Notifying Customer of up-dates to this site/catalogue;

k. Performing statistical and analysis of Customers' behaviour and characteristics in order to measure interest in and use of the various areas of this site and providing this information to advertisers together with information as to the number of users that have been exposed to or clicked on their banners

14.2 The Customer further authorises DERMAGOLD to collect personal information about the Customer from the Customer or any other source available to DERMAGOLD including but not limited to credit referral agencies, the Customer's bank (present and past) and other suppliers or products and services to the Customer and other persons or companies with whom the Customer will have been associated.

14.3 The Customer is aware that in the event that sufficient personal information is not supplied, or is not satisfactory to DERMAGOLD then his/her application for registration to DERMAGOLD may not be accepted.

14.4 The Customer is aware that any personal information supplied by the Customer will be retained by DERMAGOLD and will be accessible to DERMAGOLD's employees and other persons or bodies corporate engaged by DERMAGOLD for or in relation to any of the purposes listed in Clause 15.1 above, or to third parties as stated in Clause 16 below and the Customer authorises DERMAGOLD to disclose all or any part of any personal information provided by the Customer to such third parties.

14.5 The Customer acknowledges that DERMAGOLD shall retain all personal information supplied by the Customer and unless otherwise notified to DERMAGOLD, may continue to contact the Customer with marketing information even after the Customer's registration is cancelled.

 

15. CONFIDENTIALITY

15.1 DERMAGOLD does not sell, rent or lease its Customer lists to third party.

15.2 Personal data held by DERMAGOLD relating to its Customers or to visitors to this site will be kept confidential unless DERMAGOLD has Customer's consent otherwise but DERMAGOLD may provide this information to third parties including but not limited to DERMAGOLD advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for DERMAGOLD in connection with the provision of DERMAGOLD's services to its Customers and to visitors to this site. All such third parties are prohibited from using Customer's personal data except to provide the requisite services to DERMAGOLD and they are required to maintain the confidentiality of such data.

15.3 Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to DERMAGOLD on a non-confidential and non-proprietary basis. DERMAGOLD reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.

15.4 DERMAGOLD will disclose Customer's personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:-

a. Comply with legal process served on DERMAGOLD or the site;

b. Protect and defend the rights or property of DERMAGOLD; and

c. Act under exigent circumstances to protect the personal safety of users of DERMAGOLD, the DERMAGOLD internet site or the public.

 

16. SAFETY OF PERSONAL DATA

16.1 All reasonable efforts are made by DERMAGOLD to ensure that any personal data held by DERMAGOLD and DERMAGOLD is stored in a secure and safe place and no unauthorised access will be made by DERMAGOLD to Customer's computer or browser.

 

17. LINKS

17.1 The DERMAGOLD internet site may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, the Customer leaves DERMAGOLD’s site and DERMAGOLD does not exercise control over any personal data or any other information the Customer gives to any other entity after leaving the site and access to such site or page is at the Customer’s own risk for which DERMAGOLD disclaims all responsibility and liability.

 

18. CONTENT

18.1 All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, DERMAGOLD disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. DERMAGOLD takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. (See also without limitation the words in capitals below)

 

19. SECURITY POLICY

19.1 DERMAGOLD had established an information security policy for the prevention and detection of unauthorized access or misuse of information with the following methods:

a. Firewalls facility.

b. Customers information and private transaction data are protected using 128-bit Secure Socket Layer (SSL) encryption. SSL encryption is an Internet security protocol used by Internet browsers to transmit sensitive information.

c. We test our systems periodically to ensure there are no possible breaches of our security and that our customers’ security and confidential policy information is not compromised in any way.

d. Should you encounter any virus outbreak, security breaches or received unsolicited mail, please call our Customer Service Hotline: +65 91837524 or write to the following email: enquiries@dermagold.sg

 

20. LIMITATION OF LIABILITY

21.1 By accessing and using this DERMAGOLD internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. DERMAGOLD shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:



THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. DERMAGOLD HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. DERMAGOLD ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.