Terms and Conditions

 

By using or visiting this website, www.zoenissi.sg (the “Website”), or purchasing any Zoe Nissi products (the “Products”) through the Website, you fully agree and consent to (1) the following Terms and Conditions, which can be found at https://www.zoenissi.sg/terms-conditions, and (2) Zoe Nissi’s privacy policy (“Privacy Policy”), which can be found at www.zoenissi.sg/privacy-policy, which shall together form a legally binding and enforceable contract between you and Zoe Nissi. If you do not agree to these Terms and Conditions and/or Zoe Nissi’s Privacy Policy, please do not use the Website.

Zoe Nissi reserves the right to block or prevent your access to and use of the Website at any time without notice and in its sole discretion where you have failed to comply with these Terms and Conditions and/or the Privacy Policy.

 

  1. Customer Account

In order to access some features of the Website and purchase any Products, you must create an account on the Website (“Customer Account”). You must provide accurate and complete information when creating your account and/or updating your account details, including but not limited to your name, contact number, email address, and a delivery address. You must reasonably maintain the accuracy and completeness of such information.

You are solely responsible for all activity that occurs on your Customer Account, and must keep your Customer Account password secure and confidential. The sharing of Customer Accounts and/or Customer Account passwords may cause irreparable harm to Zoe Nissi, and you shall be liable for any loss or damage arising out of such sharing, including but not limited to loss of profits suffered as a result of your mishandling or misuse of your Customer Account(s).

Zoe Nissi may suspend or terminate a Customer Account in its sole discretion and without prior notice to you where Zoe Nissi has reasonable grounds to believe that

(a)         the information you have provided for the purposes of your Customer Account is misleading, inaccurate or fraudulent;

(b)         you are sharing or have shared a Customer Account with any other person(s); and

(c)         you have been misusing the Website, including without limitation doing any act that is prohibited under Clause 8.

You may choose to terminate your Customer Account at any time, but as long as you continue using and accessing the Website, this shall be without prejudice to the binding nature and enforceability of the Terms and Conditions and Privacy Policy.

 

  1. Personal Data

You expressly agree and consent to Zoe Nissi collecting, using and disclosing your personal data in accordance with the Privacy Policy, which is incorporated into the Terms and Conditions by reference.

 

  1. The Products Listed on the Website

Zoe Nissi provides important information about the Products on the Website (including without limitation the key ingredients of that Product) to help you determine whether that Product is right for you. You expressly agree that your use of the Website and purchase of the Products is at your sole risk, subject to Zoe Nissi’s sole discretion and goodwill, and you shall be taken to have full knowledge and understanding of the suitability of the Products you are purchasing upon the submission of an order.

Zoe Nissi does not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. Although Zoe Nissi shall endeavour to be as accurate as possible, to the fullest extent permitted by law, the sale of the Products through the Website is not a contract for the sale of goods by description and Zoe Nissi does not represent or warrant that the information relating to the Products and/or other content on the Website is accurate, complete, reliable, current, or error-free.

This Website and the Products are made available to you and provided by Zoe Nissi on an “as is” and “as available” basis, unless otherwise specified in writing. Zoe Nissi makes no representations or warranties of any kind, express or implied, as to the operation of the Website and/or the Products included on or otherwise made available to you through the Website, unless otherwise specified in writing. To the fullest extent permitted by law, Zoe Nissi disclaims any knowledge that the Products are being purchased for a particular purpose and makes no representation or warranty as to the merchantability, merchantable quality, satisfactory quality, quality or fitness for a particular purpose, and durability of the Products.

 

  1. Purchase and Payment

Zoe Nissi accepts the following payment methods:

(a)   Debit card

(b)   Credit card

To make a purchase, you must place an order though your Customer Account. You will then be directed to a secure third-party webpage to make payment. You are responsible for providing valid, accurate and complete (i) payment details; and (ii) delivery address before placing any order. Failure to do so may result in an invalid or cancelled order, and Zoe Nissi shall not be liable for any resulting loss or damage to you.

Once the order has been confirmed, Zoe Nissi will send a confirmation email to the email address associated with your Customer Account. You will also receive a payment confirmation email from the third-party payment service provider.

Zoe Nissi reserves the right to cancel any order without prior notice for any reason whatsoever, even where your order has been confirmed, including without limitation your failure to provide valid, accurate and complete payment details and/or delivery address, and to address any error and/or inaccuracies in the Website.

Once the Products you have ordered have been shipped, Zoe Nissi will send you an email to confirm the completion of the order.

 

  1. Pick Up and Delivery

For New Customers

Customers making their first order on the Website (“New Customers”) shall pick up the Products they have ordered at the particular clinic from whose page the Customer purchased the Products (“Clinic”).

Customers who wish to have a representative pick up their order on their behalf shall procure that the representative produces the order reference number, and the customer’s username, mobile number and delivery address to the Clinic upon collection. You are responsible for ensuring that your Customer Account details are kept secure and confidential, and subject to Zoe Nissi’s sole discretion and goodwill, Zoe Nissi shall not be liable for any loss or damage to you if any person acquires your Customer Account details and misrepresents that they are authorised by you to collect your order.

Upon collection at the Clinic, New Customers (or their authorised representatives) will receive a unique alphanumeric code (“Doctor’s Code”) which they will use to make subsequent orders on the Website. The Doctor’s Code will expire six (6) months from the date stated next to the Doctor’s Code. The expiry date for each Doctor’s Code will be displayed on the dashboard of your Customer Account. The manner in which you receive a new Doctor’s Code upon the expiry of the previous Doctor’s Code shall be at the Clinic’s discretion.

If you do not pick up the Products you have ordered within seven (7) days, Zoe Nissi shall notify you once and thereafter, you have seven (7) additional days to pick up the Products. If you fail to do so within that time, Zoe Nissi shall deal with the Products in its sole discretion. For the avoidance of doubt, you shall bear all liability due to and arising from your failure to pick up the Products you have ordered within the stipulated timeline, and Zoe Nissi shall not allow the extension of the time for collection or issue any refund to you except in its sole discretion and shall not be liable for any resulting loss or damage to you.

Risk of loss and title for the ordered Products pass to you upon collection from the respective Clinic.

For Returning Customers

Customers making their second and subsequent orders on the Website (“Returning Customers”) shall enter their Doctor’s Code when placing their order but will have their order delivered directly to the delivery address associated with their Customer Account.

Delivery Policy

Except for the following areas, Zoe Nissi will deliver island wide through its delivery partners:

(i)              Offshore islands;

(ii)            Restricted zones, including Singapore Armed Forces camps and bases, ports, and airports; and

(iii)          PO boxes.

While Zoe Nissi will endeavour to procure the delivery of your order during the time slot you have selected, Zoe Nissi will not be liable for any loss or damage to you if for any reason Zoe Nissi’s delivery partners cannot deliver your order during that time.

You are responsible to ensure that the delivery address associated with your Customer Account is accurate and complete. If Zoe Nissi’s delivery partners are unable to deliver the Products for any reason, Zoe Nissi’s delivery partners will notify you and you may reschedule delivery or redirect delivery to a different delivery address at the delivery partners’ discretion. Zoe Nissi shall not be liable for any additional delivery charges you may have to bear.

Risk of loss and title for the ordered Products pass to you upon acceptance of delivery at the delivery address associated with your Customer Account. Once the Products are delivered and any person accepts delivery, it will be deemed a completed delivery. Zoe Nissi shall not be liable for any loss or damage to you if the delivery address you have provided either to Zoe Nissi or to Zoe Nissi’s delivery partners is incorrect, inaccurate and/or not up-to-date.

 

  1. Customer Service

You may contact Zoe Nissi’s customer service team at (+65) 6746 8707 or customerservice@zoenissi.sg if you face any issues with or have any questions about the Website, your Customer Account, payment, pick-up or delivery, the Products and/or any Zoe Nissi policy.

Zoe Nissi’s customer service team will endeavour to respond to your enquiry within 3 – 5 working days.

 

  1. Cancellation, Return, and Refund Policy

You can cancel an order on the Website before the order is confirmed without any repercussions. Where the order has already been confirmed, you may contact Zoe Nissi’s customer service team to request to cancel the order. Such requests should be accompanied by your full name, address, username, order reference number, and the reason for cancellation. Zoe Nissi’s customer service team will decide in its sole discretion whether the order can be cancelled, and if so, you will be liable for any fees incurred as a result.

You may only return Products ordered where the Products you have received are incorrect, damaged or defective or have their packaging and seal (if any) still intact. Such requests should be directed to Zoe Nissi’s customer service team and should be accompanied by your full name, address, username, order reference number, the reason for return, photos and a description of the Product(s) in question, and whether you require a refund or a replacement.

Zoe Nissi’s customer service team will decide in its sole discretion whether the Products can be returned, and if a refund or replacement can be issued to you. Zoe Nissi will not allow returns for any Products that do not fulfil the criteria above and that have already been collected from the respective Clinic or which delivery has already been accepted.

Upon the completion of the cancellation or return process (whichever is applicable), Zoe Nissi will credit the refundable amount (minus any applicable administrative fees) to you within thirty (30) days from confirmation of cancellation or receipt of the returned Products, respectively. You are responsible to ensure that the payment details you have provided to the relevant third-party payment service provider are valid, accurate and complete, and Zoe Nissi shall not be liable for any loss or damage resulting from your provision of invalid, inaccurate and/or incomplete payment details.

If you have requested a replacement, upon the completion of the return process, Zoe Nissi will endeavour to deliver the replacement Product(s) to the delivery address associated with your Customer Account within fourteen (14) working days from receipt of the returned Products. Zoe Nissi will only replace the Products you have returned with Products that are of the same value or lower value. In the event of the latter, you agree to forfeit the difference in value and Zoe Nissi shall not be liable for any loss or damage to you. The delivery policy in Section 5 of these Terms and Conditions shall apply to the delivery of any replacement Product(s) mutatis mutandis.

 

  1. Prohibited Use

You shall use the Website and the Products for lawful purposes only, and you agree and undertake not to misuse the Website by

(a)     creating multiple accounts;

(b)     impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity;

(c)     submitting false or misleading information;

(d)     using the Website for any unlawful purpose, including without limitation to violate any regulations, rules, laws or ordinances, or to infringe upon or violate Zoe Nissi’s intellectual property rights or the intellectual property rights of any third party;

(e)     soliciting others to perform or participate in any unlawful acts;

(f)      harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating another user of the Website, Zoe Nissi employees or any third party, including without limitation on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(g)     compromising the integrity of the Website or Zoe Nissi systems, including without limitation using any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the security, performance, functionality or operation of the Website or of any related website, third party websites, or the Internet; or spamming, phishing, pharming, pretexting, spider hacking, crawling, or scraping;

(h)     collecting or tracking the personal data of others;

(i)      using the Website or its content for any obscene or immoral purpose; and/or

(j)      restricting or inhibiting any other user from using or enjoying the Website in any way.

 

  1. Limitation of Liability

To the fullest extent permitted by law, in no event shall Zoe Nissi, its officers, directors, managers, employees, or agents be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from these Terms and Conditions and/or the Privacy Policy, your use of the Website, your purchase of any Products through the Website or for any other claim related in any way to your use of the Website, including without limitation any errors or omissions in the content of the Website, any loss or damage of any kind incurred as a result of the use of the Website and/or purchase of the Products through the Website, or any content or Product posted, transmitted, or otherwise made available through the Website, even if Zoe Nissi was advised of their possibility.

Nothing in these Terms and Conditions is intended to exclude or limit Zoe Nissi’s liability to you for any death or personal injury arising from Zoe Nissi’s negligence or for breach of any implied undertakings under sections 12, 13, 14 and/or 15 the Sale of Goods Act (Cap. 393) (if applicable) if you are dealing as a consumer as defined in the Unfair Contract Terms Act (Cap. 396).

In the event that any of the exclusions referred to in these Terms and Conditions are not permitted by law, Zoe Nissi’s maximum and cumulative total liability (including any liability for the acts and omissions of its officers, directors, managers, employees, agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the relevant contract for sale of the Products shall not exceed the lower of (i) the total price paid by you to Zoe Nissi for the Products; or (ii) Singapore Dollars One Hundred and Fifty (S$150.00).

 

  1. Indemnity

To the fullest extent permitted by law, you shall defend, indemnify and hold harmless Zoe Nissi, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable legal fees) due to or arising from (i) your improper use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; and/or (iii) your violation of any law or third-party right. This obligation shall survive the termination of these Terms and Conditions and your use of the Website.

 

  1. Intellectual Property

All intellectual property rights (including without limitation copyright, trade marks, patents, design rights, and all other forms of intellectual property rights existing in the world) used on the Website are and will remain owned by Zoe Nissi and/or its licensors and other content providers. Nothing in these Terms and Conditions shall constitute a transfer of such intellectual property rights to you.

Subject to your compliance with these Terms and Conditions, Zoe Nissi grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of (but not modify) the Website. Provided Always that no part of the Website may be used, reproduced, duplicated, copied, modified, distributed, republished, communicated, transmitted, displayed, performed, stored, sold, adapted or otherwise exploited for any commercial purpose without the express written consent of Zoe Nissi and/or its licensors and other content providers. All rights not expressly granted to you under these Terms and Conditions are reserved and retained by Zoe Nissi and/or its licensors and other content providers.

 

  1. Amendments

You shall be responsible to periodically review these Terms and Conditions and the Privacy Policy. Zoe Nissi may, in its sole discretion, amend, modify or revise these Terms and Conditions and/or the Privacy Policy at any time. Such amendments, modifications and/or revisions shall be made available online. By continuing to use the Website, you agree to be bound by such amendments, modifications and/or revisions.

 

  1. Force Majeure

Zoe Nissi shall not be liable to you or be deemed to be in breach of these Terms and Conditions and/or the Privacy Policy, by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the Website and/or the Products if the delay or failure was due to any cause beyond Zoe Nissi’s reasonable control, including but not limited to:

(a)   fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;

(b)   war or threat of war, sabotage, insurrection, civil disturbance or requisition;

(c)   acts, restrictions, regulations, by laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

(d)   import or export regulations or embargoes;

(e)   strikes, lock outs or other industrial actions or trade disputes;

(f)    difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; and/or

(g)   telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.

 

  1. No Third-Party Rights

No third party shall have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the provisions of these Terms and Conditions and/or the Privacy Policy.

 

  1. Entire Agreement

These Terms and Conditions, and the Privacy Policy, shall constitute the entire agreement between you and Zoe Nissi on your use and access to the Website, and your purchase of the Products through the Website.

 

  1. No Waiver

No waiver of any term of these Terms and Conditions and/or the Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Zoe Nissi’s failure to assert or delay in asserting any right or term under these Terms and Conditions and/or the Privacy Policy shall not constitute a waiver of such right or term.

 

  1. Severability

If any term in these Terms and Conditions and/or the Privacy Policy is deemed invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining terms in these Terms and Conditions and/or the Privacy Policy, which shall remain in full force and effect.

 

  1. Assignment

These Terms and Conditions and/or the Privacy Policy, and the rights and obligations thereunder, may not be transferred or assigned by you, but may be assigned by Zoe Nissi without restriction.

 

  1. Governing Law and Dispute Resolution

These Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of Singapore, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods (CISG), and you hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

 

  1. Capacity to Contract

You affirm that you are above 18 years of age, and are fully able and competent to enter into, abide by and comply with these Terms and Conditions and the Privacy Policy.