Terms and conditions
Welcome to Lao Ban Niang online shopping website. Lao Ban Niang is being referred as “we” or “us".
Please read the following Terms and Conditions, which govern your use of the Website and the purchase of any products through the Website. The expression “Customer” and “you” are used interchangeably in these Terms and Conditions to refer to a customer of the Website.
By accessing this Website and using any of the services it offers, you are deemed to have accepted and agree to be bound by these Terms and Conditions.
- Disclosure of Personal Information
- Please review the privacy statement, the terms of which are incorporated by reference into and shall form part of these Terms and Conditions as if fully set forth herein. The privacy statement is found here.
- We will respect and protect your privacy and will preserve the confidentiality of any personal information which you have provided to us. We will not, without your consent:
i. communicate or otherwise make available the Information to any third party (other than to our own employee) and/or
ii. use the Information for any purpose other than to process a transaction for you through the Website, or to market our products to you.
- The above obligation shall not apply to information which is publicly known, obtained by us through other sources or which we are required to disclose by law or other regulation.
- We will not distribute, sell or rent your name or e-mail address or any other personal information about you to a third party.
- We may use the customer's profile information (e.g. age, gender, products purchased) for statistical purposes, such as to create personalised content, offers, services, and advertising to be used only by us.
- We may also track visitors to the Website in order to customise information to best suit our customers' needs. These customisations are based on aggregated statistics of the site traffic.
- Copyright and Trade Marks
- We own all copyright in the selection, coordination, arrangement, and enhancement of the content on the Website. You may not copy, modify, remove, add to, publish, transmit, transfer, sell, create derivative works from or in any way exploit any of the contents on the Website. You may display and print a hard copy of pages from the Website for your own personal, non-commercial use. Any other use of this copyright material, without our prior written consent, is strictly prohibited.
- "Lao Ban Niang" and "Lao Ban Niang" logos are our trade/service marks. You may not use any of the trademarks or service marks appearing on the Website without our prior written consent.
- The Website may provide links to other third-party sites. As we have no control over such sites, you acknowledge and agree that we are not responsible for the availability of such sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products or services available on or through such sites.
- Registration and registration information
- You may be required to register and provide information about yourself in order to access certain parts of this Website and for you to place an order for the products. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and to keep the registration information updated by notifying us in writing of any changes.
- Upon registration, you will be provided with an account that has a username and password. You shall be responsible for maintaining the confidentiality of your account, username, and password and you shall be fully responsible for all activities that occur or are transacted under your account, username, and password.
- You further agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage whatsoever or howsoever arising from your failure to comply with this clause or from any unauthorised use of your account.
- You hereby agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or if there are grounds to suspect that the registration information you have provided is untrue, inaccurate, not current or incomplete, your access to this Website, or any part thereof, may be suspended and/or your account may be terminated.
- All prices on the Website are in Singapore dollars and are subject to change without notice. Prices are inclusive of Goods and Services Tax and all other duties or taxes. We are not responsible for any currency conversion rates used by banks or credit card companies for transactions made using credit cards.
- While we take great care to ensure the accuracy of prices shown on the Website, we cannot be held liable for any pricing errors.
- All products ordered are subject to stock availability. Stock levels shown on the Website (if any) are estimates only. All products and services displayed on the Website are considered invitations to treat. The description, listing, reference to, a product or service on the Website does not imply that the product or service is presently available or that we endorse that product. In the event of a typographical error or error in the pricing information of a product or service listed, we reserve the right to refuse or cancel any order placed for such product or service even if the order has been confirmed and/or your credit card has been charged.
- No binding contract to sell the products and services is made until we confirm your order. You are advised to check your order after each transaction and to notify us immediately if there is any error in the order, failing which you shall be deemed to have placed that order and you will be charged accordingly. Once an order is placed and we have confirmed your order, no cancellation of your order will be allowed.
- The receipt of an email acknowledgement of your order does not constitute the acceptance of your order or as a confirmation of an offer to sell.
- We reserve the right to verify, reject, suspend or terminate all and any purchase order made by a Customer at any time in our sole discretion.
- Secure Online Payments
- We may use third-party services to verify, identify, secure and protect your credit card information and assist in your payment of any orders or charges due to us. For security purposes, all payment information and payments received are encrypted to ensure that the information submitted is protected. However, any loss or damage incurred or sustained by you from making a payment through this Website shall be borne solely and exclusively by you. You agree not to use these third-party services in an unlawful or fraudulent manner. In particular, you shall not make any online payment using a credit card or payment instrument other than your own or without the prior consent of the lawful holder.
- We shall not be responsible for any malfunction in any computer system, software or any Internet access service provider that may affect the accuracy or timeliness of the online transmission of payment instructions. We shall not be responsible if any credit card or other information provided is incorrect or if payment instructions are not sufficiently advanced to allow for timely payment of any orders or charges due to us if payment instructions cannot be carried out for any reason whatsoever. You acknowledge any failure or non-availability of the third-party services shall not absolve you from your obligation to make any necessary payments due to us. You should contact your credit card provider immediately if any fraudulent transactions appear on your credit card statements.
- All third-party services made available through this Website are for your convenience only. Such services are provided by third parties and are the sole responsibility of such third parties. You acknowledge that your use of such services is subject to the terms and conditions of the third party service provider and that we will not be responsible or liable for any matters relating to your use of such services.
- Title & Risk
- We retain the full title of the products until we receive full payment. Notwithstanding that title of the products is retained by us, risk will pass to you upon delivery of the products to the location you have indicated.
- You can select the mode of delivery through the options available on the Website. Delivery charges are payable and will vary depending on the mode of delivery which you select. For the avoidance of doubt, delivery charges for any order placed is a separate charge and is not included in the price of any product which you have ordered. Delivery time will depend on the availability of the products and the mode of delivery which you select. Delivery of the products to the location indicated by the Customer, and a receipt signed by any person at such location shall be deemed to be a valid and effectual discharge of our responsibility. We shall not be required to enquire whether the person accepting the products has been authorised to do so by the Customer.
- If the products you ordered is detained, confiscated or withheld for any reason whatsoever by the customs or equivalent authority of your country, the loss rests completely with you.
- Return Policy
- We may, in our absolute discretion, and on a case by case basis, allow you to return or exchange products. Any request for product return or exchange shall be made within 7 days of delivery. Such products MUST NOT BE UNWRAPPED OR OPENED. Products being returned and/or exchanged must include the original box and/or packaging in its original condition and without any postal labels. All requests for returns and/or exchanges should be sent via email to firstname.lastname@example.org and the product which you intend to return or exchange should only be sent back to us after you have received an acknowledgement notice from us. There shall be no refund of shipping and handling charges and you are expected to bear the cost of any shipping and handling which you may incur in the return or exchange of the product.
- It shall be your sole responsibility to determine whether a product available through this Website has been approved for use in your country or whether any permits are required for the purchase of the product and you are further advised to do so before placing your order on the Website.
- The use of the Website and any products or services discussed or promoted or made available through the Website is at your own risk. We do not represent or warrant that the services available through the Website will be uninterrupted or free from error of that the Website will be free from viruses or other harmful components and we disclaim all liabilities in relation thereto.
- We sell all products and services on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of third-party rights.
- We are not liable, to the extent permitted by law, for any damage or loss of any kind whatsoever that results from delays in operation or transmission, omissions, inaccuracies, interruptions, defects or other problems with the Website or in relation to the products and services purchased by a Customer through the Website.
- You acknowledge that you have not relied upon any representation, warranty or other assurance and you waive all remedies which, but for this clause, might otherwise be available to you in respect of such representation, warranty of other assurance.
- We shall not be liable, in any circumstances or legal theories whatsoever, for any loss of data, business, profits or goodwill, loss of use, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if we are aware of the risk of such damages, that result in any way from your use or inability to access the website or your purchase and/or use and/or consumption of any products or services through the website. Our liability to you shall not, for any reason, exceed the amount (if any) paid by you for the products and/or services giving rise to the claim. This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
- Usage rules
- Links: Hyperlink linking to content from this Website from or in another website, electronic mail, document or in any other manner is allowed provided that any such links shall either link directly to the home page of this Website (www.laobanniang.com.sg), or link directly to content within this Website where such links identify or make obvious the fact that the content is from this Website. Framing, deep-linking or any other manner whereby any content from this Website is reproduced or made to pass off as or appear to be part of the content of any third party website, electronic mail or other document is expressly prohibited and will constitute a breach of these Terms and Conditions.
- Applicable Laws: You must, at all times, comply with and not contravene all applicable laws of the Republic of Singapore and/or any other jurisdiction to which you are subject relating to your access to or use of the Website and any rules and regulations and codes of practice and policies in force from time to time in relation to Internet use, and any terms and conditions of any licence granted to us by our local Internet service provider.
- Defamation, etc.: You must not publish, transmit, post, upload or maintain any defamatory, obscene, threatening, malicious or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject.
- Other Infringement: You must not publish, transmit, post, upload or maintain any content or material that is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights.
- Illegal Acts: You must not use the Website for any illegal purposes (or to solicit any illegal act) in any jurisdiction to which you are subject.
- Security: You will not circumvent or attempt to circumvent user authentication or security measures ("cracking") of any Internet or intranet site or any of the accounts of our other customers, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us. You shall not upload files that are corrupted, contain viruses or any other similar software or programs which may damage the Website or cause interference to the services provided by us.
- Interference: You must not interfere or attempt to interfere with services we provide to our Customers ("denial of service attacks") including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" us and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure. You must not use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session.
- Spamming: You must not e-mail any unsolicited commercial advertisements or e-mail to any party in any situation in which commercial advertisements and e-mail are unwelcome.
- We reserve the right, at our discretion, to terminate or suspend your account, cancel orders placed by you in any of the following events:
i.if you fail to comply with these Terms and Conditions;
ii.if any information you provided is not true, accurate, current or complete; or
iii. if your conduct violates applicable law or is, in our opinion, harmful to our interests or any of its subsidiaries and affiliates.
- Modification of these Terms and Conditions and Site Content
- These Terms and Conditions and the contents of the Website may be modified by us from time to time, with or without notice. Your continued use of the Website after such modification shall be deemed to be your acceptance of such modification. It is your responsibility to check the Website regularly to determine whether any Terms and Conditions have been modified. If you object to any of the modifications, you shall not carry out any transactions through the Website and you may terminate your account with us. We reserve the right at all times and at our sole discretion to remove or otherwise deny access to this Website either permanently or temporarily without any prior notice.
- Disputes regarding the use of the Website shall be submitted to us by e-mail at email@example.com within thirty days of the event giving rise to the dispute. In the event that such disputes arise, the log of transactions maintained by us will be the definitive record as to the transaction between you and us.
- Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to conflicts of laws rules. If any provision contained herein is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
- Notwithstanding any law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
- Without prejudice to the applicability and effect of the clauses above disclaiming or limiting liability, we will be excused from any delay or failure to perform any obligation to you if such failure results, directly or indirectly, from any act of nature or circumstance or cause beyond our reasonable control including, but not limited to, any Act of God, fire, flood, explosion, lightning, windstorm, earthquake, failure of machinery or equipment, shortage of materials, discontinuation of power supply, court order or governmental interference, civil commotion, riot, war, strike, labour disturbances, transportation difficulties or labour shortages.
- Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
- Nothing contained in the Website or in these Terms and Conditions shall be construed as creating or constituting a partnership, joint venture or agency relationship between us. These Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Website and the products and services available through the Website.