Terms Of Service
01
INFORMATION ABOUT US
1.1 www.hersundaymoon.com is a site operated by POSTCODE STORIES (UEN 53558888K), a registered business entity in Singapore.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
02
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
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2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products, which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 Any drawings, descriptions or advertising we issue, and any descriptions or illustrations contained on our website are published solely to provide you with an approximate idea of the Products they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Products.
2.4 We reserve the right to make any changes in the specification of the products, which are required to conform with any applicable or statutory requirements which do not materially affect their quality or performance.
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03
USER REVIEWS, PHOTOS & COMMENTS
3.1 Anything posted or otherwise submitted to her sunday moon, whether on www.hersundaymoon.com the website, mobile device, blog or via any form of social media, will be treated as public and nonproprietary.
3.2 By submitting photographs, comments or other materials to her sunday moon, you grant her sunday moon a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions.
3.3 All such submissions shall automatically become her sunday moon’s sole and exclusive property. In addition, when you post photographs, reviews or comments to www.hersundaymoon.com or on any of @hersundaymoon’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission.
3.4 You further represent and warrant that you own or otherwise control all rights to any content submitted to her sunday moon.
INTELLECTUAL PROPERTY RIGHTS
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4.1 All graphics, images and content on the www.hersundaymoon.com website and blog belong exclusively to hersundaymoon, or its affiliates.
4.2 You may not reproduce, modify, display or otherwise make commercial use of any content from her sunday moon's website unless expressly permitted in writing by the company.
4.3 The use of any her sunday moon trademarks or service marks without her sunday moon’s express written consent is strictly prohibited. You may not use her sunday moon’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit her sunday moon.
05
AVAILABILITY & DELIVERY
5.1 If the products you order become unavailable or are out of stock, we will inform you of this as soon as reasonably possible and advise you of your right to a refund.
5.2 If you fail to take delivery of the Products and they are returned to us, you will be charged an additional $4 administration charge.
5.3 We will not be liable for any non-delivery or for goods lost or damaged in transit as long as we are able to show proof of posting to the delivery address provided by you.
06
RISKS & TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and we have accepted your order.
PRICE & PAYMENT
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7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices exclude delivery costs, which will be added to the total amount due.
7.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices, as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
7.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, American Express, and Mastercard. We will charge your credit or debit card when you place an order with us but before we have accepted the order.
08
WRITTEN COMMUNICATIONS
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
09
TRANSFER OF RIGHTS & OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10
EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lockouts or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11
WAIVER
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12
SEVERABILITY
12.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13
ENTIRE AGREEMENT
13.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
14
OUR RIGHT TO VARY THESE TERMS & CONDITIONS
14.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
15
LAW & JURISDICTION
15.1 Contracts for the purchase of Products through www.hersundaymoon.com and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Singapore law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Singapore.
15.2 By using www.hersundaymoon.com you agree that her sunday moon’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate.
15.3 As such, her sunday moon shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys' fees.
15.4 No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
Use of this website and these terms are governed by the laws of Singapore. Any claim relating to the use of the website shall be heard by Singapore Courts.
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The content of the pages of this website is for your general information and use only. It is subject to change without notice; her sunday moon attempts to be as accurate as possible. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
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You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.