GELMAX ONLINE TERMS AND CONDITIONS
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 Gelmax Online under that Customer's registration.
d. "Product/Products" shall mean any and all the products for sale by Gelmax Online.
e. "Gelmax” shall mean Gelmax or Gelmax Pte Ltd who is the seller of the products by Gelmax.
f. "Gelmax" shall mean this Internet site or catalogues owned by Gelmax and the medium by which Products are offered for sale by Gelmax to the Customer.
2. All the Products sold by Gelmax through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Gelmax, 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.
3. These terms and conditions shall prevail over any other document purporting to have a contractual effect including any Gelmax policy.
4. The Customer shall agree to complete the registration process according to Gelmax requirements as stated on this site. The Customer shall provide Gelmax with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone and fax numbers (optional) and e-mail address.
5. Registration to open only to residents in Singapore aged 18 and above. Gelmax 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.
6. The Customer will be liable for every order made under his Login and agrees to indemnify Gelmax 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 his registration information.
7. The Customer may place his order via our website at: http://www.gelmax.com 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.
8. For orders of value S$150.00 or more per delivery per location, there will be no nominal delivery charge. For orders of less than S$150.00 per delivery per location, there will be a delivery charge of $30. Additional delivery charge may apply for any other special arrangement such as special timing, location, etc. Gelmax shall make every effort to fulfil orders placed by Customers through the Gelmax, but Gelmax shall not be liable to any person if Gelmax shall decline to fulfil an order for whatever reason, or if Gelmax is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable.
9. Gelmax shall use its best endeavor to prevent any unauthorized entry to the Gelmax Online internet site. However, Gelmax shall not be liable for any damages or losses whatsoever if any third party gains unauthorized access to the Gelmax internet site.
1. Gelmax shall make every effort to ensure that the prices, details and sizes of Products detailed by the Gelmax are correct but Gelmax reserves the right to vary the price and other details of the Products without notice.
2. The prices advertised by Gelmax are for B&B delivery shopping only. Prices for some Products may change without prior notice. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.
3. Not all Products sizes will correspond exactly to the description offered on-line. Gelmax reserves the right to provide the nearest size of Product at the nearest price.
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. Gelmax 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.
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.
6. If the Customer requests a variation to the order which Gelmax 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.
7. Gelmax may from time to time set credit limits for individual Customers and Gelmax reserves the right to limit sales including the right to prohibit sales to re-sellers.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall
1. Payment for Products ordered through Gelmax can be made by the VISA card, Mastercard, American Express Card, Pay Now UEN 200210500R, PayPal
2. Gelmax may change at any time the method by which payments for Gelmax orders may be effected and such changes may be notified to the Customer by e-mail, mail shots or by placing a notice to this effect on the Gelmax internet site.
3. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
1. Gelmax shall use reasonable endeavor's 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 Gelmax shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of Gelmax
2. Gelmax will only effect delivery to mainland Singapore and Sentosa Island
3. No delivery services shall be available on Sundays & Public Holidays and Delivery slots are subjected to availability.
4. Bulk orders (as determined by Gelmax in its sole discretion) shall be delivered 2 days after such orders. Gelmax shall not be liable to any person if Gelmax shall decline to fulfil an BULK order for whatever reason.
5. The Customer is to notify Gelmax immediately of a change to his delivery address and contact number.
6. Save where the Customer has specifically instructed Gelmax to leave his 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.
7. If the delivery includes alcoholic drinks, tobacco products or any other items which may not be delivered to a minor, a person of 18 years of age or older with appropriate identification must be present to take delivery of the alcoholic drinks, tobacco products or other items. If in the case of such a delivery, no person of 18 years of age or older is present, delivery shall be attempted at another time and Gelmax reserves the right to charge the Customer an additional re-delivery fee of S$15.00.
8. If no such person is present, Gelmax shall attempt to make the delivery at another time but reserves the right to charge the Customer an extra re-delivery fee of S$30.00.
9. Gelmax reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer's credit worthiness or if the Customer does not effect payment upon delivery.
VARIATION / CANCELLATION OF ORDER:
1. The Customer may vary or cancel the order up to the point in time that Gelmax has commenced processing the order and the Customer will not incur any cost in doing so.
2. Subject to the Customer's consent, Gelmax may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
3. If there is no prior consent from the customer for a substitution, no substitution shall be made.
ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
1. All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but Gelmax shall retain title in the Products until payment for the Products has been effected.
RETURNS OF PRODUCTS / REFUNDS / EXCHANGE:
1. please review our Returns / Refund and Exchange Policy
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.
2. No agent or representative of Gelmax is authorized to make any warranties, representations or statements regarding the Products and Gelmax shall not in any way be bound by any such unauthorized warranties, representations or statements.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
1. The liability of Gelmax 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 Gelmax obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.
2. Gelmax shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Gelmax be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
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 Gelmax assumes no obligation or liability for any advice or information given with the Products and Gelmax 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.
1. If the Customer's order includes any tobacco product then the Customer warrants that he/she is 18 years of age or over and legally entitled to purchase any tobacco product.
2. If the Customer's order includes any liquor product the Customer warrants that he/she is not under the age of 18 years and is legally entitled to purchase any liquor product and that he/she is not under the influence of alcohol at the time of placing the order.
3. The Customer shall ensure that no person or persons shall use his/her Login to purchase tobacco products or alcohol if that person or persons cannot satisfy Clauses 1 and 2 as above.
1. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Gelmax shall at all times remain the property of Gelmax.
2. Gelmax 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 Gelmax or such other parties.
1. If the performance by Gelmax of its obligations under the Gelmax Online 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 Gelmax), Gelmax shall be excused from such performance to the extent of such prevention.
VARIATION OF TERMS AND CONDITIONS
1. Gelmax reserves the right to amend these Terms and Conditions in its sole discretion. Gelmax 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 Gelmax 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.
1. Personal data held by Gelmax relating to its Customers or to visitors to this site will be kept confidential unless Gelmax has Customer's consent otherwise but Gelmax may provide this information to third parties including but not limited to Gelmax advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for Gelmax in connection with the provision of Gelmax 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 Gelmax and they are required to maintain the confidentiality of such data.
2. 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 Gelmax on a non-confidential and non-proprietary basis. Gelmax 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.
3. Gelmax 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 Gelmax or the site;
b. Protect and defend the rights or property of Gelmax; and
c. Act under exigent circumstances to protect the personal safety of users of Gelmax, the Gelmax internet site or the public.
SAFETY OF PERSONAL DATA
1. All reasonable efforts are made by Gelmax to ensure that any personal data held by Gelmax and Gelmax is stored in a secure and safe place and no unauthorized access will be made by Gelmax to Customer's computer or browser.
1. The Gelmax Online 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 Gelmax site and Gelmax 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 Gelmax disclaims all responsibility and liability.
1. All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, Gelmax disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. Gelmax 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)
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at email@example.com or by mail at
Gelmax [Re: Privacy Compliance Officer]
53 Quality Road Singapore 618814
LIMITATION OF LIABILITY
1. By accessing and using this Gelmax internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Gelmax 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. GELMAX HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. GELMAX 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.
1. These Terms and Conditions shall be governed by the laws of Singapore and the Customer and Gelmax agree to submit to the exclusive jurisdiction of the Singapore courts.