TERMS OF SALE
These terms and conditions ('Terms of Sale') govern all aspects of the business relationship and transaction between RATIONALE and our direct sale retail customers.
In this Terms of Sale:
"Affiliated Clinics and Professionals" means a specialist and registered clinic being a business or practice of a qualified professional(s) such as a dermatologist, plastic surgeon or cosmetic physician, who stock RATIONALE Goods.
"Carrier" means any person or business contracted by RATIONALE to carry and deliver Goods from us to You, whether all or part of the distance.
"Content" means information in any form published on our Website by us or any third party with our consent.
"Goods" means any of the RATIONALE products in the catalogues we offer for sale on our Website.
"Order" refers to an order for Goods by You either by using our online order system or our non-online Ordering process by telephone, facsimile or email.
"RATIONALE", "we", "us" and "our" means RATIONALE Skincare Asia Pte Ltd.
"Website" means the entire computing hardware and software installation that is or supports our Website at www.rationale.com, including but not limited to, our online product catalogue, ordering and payment systems.
"You" or "Your" means a visitor to our Website and/or a retail customer who is a patient of an Affiliated Clinic and Professional seeking to purchase Goods specified herein.
2.1 By using our Website in any way, or by buying directly from us either online or via our non- online ordering process, You agree to be bound by these Terms of Sale. No person under the age of 18 or 21 years (as applicable in Your jurisdiction) may purchase Goods without parental or guardian consent. We look forward to seeing You again when You are over 18 or 21 years of age (as applicable).
2.2 By making a purchase from our Website You represent to us that You have read, understood and accept that You will be bound by these Terms of Sale.
2.3 We strongly advise that You seek legal advice in the jurisdiction You reside should You require assistance with or explanation of any of these Terms of Sale.
3. CONSULTATION WARRANTY AND INDEMNITY TO RATIONALE
You acknowledge and warrant to RATIONALE, as applicable, the following:
3.1 We only offer our Goods for direct sale from our Website on the condition that You are a patient of one of our Affiliated Clinics and Professionals and You have undergone a consultation with RATIONALE or through our Affiliated Clinics and Professionals and have been recommended to use our Goods by RATIONALE or one of our Affiliated Clinics and Professionals (each, a "Referrer").
3.2 We recommend that when You make an Order, and each subsequent time You make an Order, to purchase Goods, You ensure that You have received a consultation from RATIONALE or through one of our Affiliated Clinics and Professionals.
3.3 When You make an Order, You provide us with certain information, which is Your ongoing responsibility to be correct and updated as necessary. We rely on this information being true, correct and not misleading. If the information is untrue, incorrect or misleading in any way, we will not accept and/or we will cancel Your Order and exclude You from being able to make any further Order purchases for Goods.
3.4 By submitting an Order, You authorise us to make such enquiries as we consider necessary in our discretion to verify and validate the personal information and Referrer details provided by You with our Affiliated Clinics and Professionals before we accept Your Order.
4. ONLINE ORDER PURCHASES
4.1 These Terms of Sale apply:
(a) so far as the context allows, to You as a visitor to our Website; and
(b) in any event to You as a purchaser or prospective purchaser of our Goods.
4.2 Each Order is subject to acceptance by RATIONALE and may be accepted in whole or in part or declined. We shall accept Your Order by email confirmation. Our message will also confirm details of Your purchase and tell You when we shall dispatch Your Order.
4.3 Upon the acceptance by us of Your Order pursuant to Clause, Your binding purchase contract is made with RATIONALE on these Terms of Sale.
4.4 An online purchase by You from our Website will not be accepted by us until the full invoice price on an Order, including any delivery charges and any other applicable charges nominated by You, have been paid in full.
4.5 We screen all Orders for fraud and other types of unauthorised or illegal activity. We reserve the right to refuse to process an Order due to suspected fraud or unauthorised activity. In this instance, we may reject your Order or our Client Services Team may contact you to confirm your Order and in some instances, your identity. We reserve the right to cancel any client accounts or refuse to ship to certain addresses or locations as determined by us, in order to protect our clients and ourselves from fraud or unauthorised activity.
4.6 We reserve the right to limit the maximum price, download and weight of online purchases at our absolute discretion from time to time. You will be notified if the maximum limit is reached by us at the time of Your Order or acceptance message from us.
4.7 Any Goods made available through our Website are intended for non-commercial use, and purchase of any Goods for re-sale purposes is strictly prohibited.
4.8 We may change these Terms of Sale, at our absolute discretion, from time to time. The terms that apply to You are those posted on our Website on the day You order the Goods.
4.9 Goods advertised on our Website may not be available. If we do not have the Goods You order in stock, we will offer You alternatives before we dispatch Your Order. If this happens You may:
(a) accept the alternatives we offer;
(b) cancel Your Order; and
(c) leave the Order valid but tell us to omit the out of stock item.
4.10 If there are monies to be refunded to you (for any changes to your order pursuant to Clause 4.9 or any other reason), we will credit such monies via Your credit or debit card or the same mode of payment used for the Order as soon as reasonably practicable but in any event no later than 30 days from the date of Your Order.
5. PRICE AND PAYMENT
5.1 All prices quoted on our Website are in Hong Kong Dollars (HKD) and are inclusive of applicable sales taxes (if any).
5.2 You must pay us the full price of Your Order before we will send any part of it.
5.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Hong Kong dollars will be borne by You.
5.4 You will pay all sums due to us under these Terms of Sale by credit card, PayPal, RATIONALE issued gift certificate, AliPay, Union Pay, WeChat Pay or any other payment methods offered in the check-out process, without any set off, deduction or counterclaim.
6. INFORMATION YOU GIVE US
6.1 You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Your contact and address details. We need this information to provide and deliver to You the Goods.
6.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by You, provided You contact us within 7 days of Your receipt of Goods from us.
7.1 Deliveries will be made to You by the Carrier to the address stipulated in Your Order. You must ensure that someone is present to accept delivery otherwise You may be subject to an additional charge.
7.2 If the Carrier or we are not able to deliver Your Goods within 14 days of the date of Your Order, we shall notify You by email to arrange another date for delivery.
7.3 We may deliver the Goods in instalments if the Goods are not available at the same time for delivery.
7.4 Unless You otherwise request in writing at the time of placing Your Order, and such request is acknowledged by us, we shall deliver the Goods at the address nominated in Your Order.
8. TAXES, DUTIES AND IMPORT RESTRICTIONS
8.1 You are responsible for purchasing Goods which You are lawfully able to use or import and for the payment of import duties and taxes of any kind levied in Your country of residence.
8.2 Prices displayed are inclusive of GST unless such tax does not apply to You.
9. GOODS RETURNED
Because You are buying the Goods by online or off-line order, You may have a right of cancellation. If You do (and only if You do), these are the Terms of Sale which apply:
9.1 You must tell us You wish to cancel Your Order within 45 minutes of submitting Your Order to us, as Your Order will be picked and packed on the hour. We will do our best to assist You with this process but cannot guarantee it.
9.2 Goods ordered and received by You will be applicable for an exchange if they are damaged in transit and arrive damaged to You. We are not required to provide a refund or replacement if You change Your mind. But You can choose a refund or exchange if an item:
(i) is deemed unsafe under relevant laws and regulations;
(ii) is significantly different from the sample or description;
(iii) is not what You have ordered, and the error is our fault; and
(iv) doesn't do what we said it would or what You asked for and can't be easily fixed.
9.3 To have Goods exchanged or refunded in accordance with Clause 9.2, please:
(a) contact us (by phone or email) within 48 hours of You receiving the Goods;
(b) post the Goods and our original delivery slip back to us within 7 days of You receiving our postal instructions, at Your risk, all damaged item(s) and their packaging must be:
(i) in the original condition with all tickets and labels attached;
(ii) securely wrapped; and
(iii) Goods must not have been used other than minimal use for the purposes of establishing they are not the correct Goods that You requested in Your order.
(c) once we have received, inspected and validated Your damaged Goods claim, we will post out a full replacement of the Goods to You (delivery charges will be at our cost), or process a refund of the Goods.
10.1 We or our content suppliers may make improvements or changes to our Website, the content, or to any of our goods, at any time and without advance notice.
10.2 You are advised that content may include technical inaccuracies or typographical errors.
10.3 We give no warranty and make no representation, express or implied, as to the following:
(a) the adequacy or appropriateness of the Goods for Your purpose;
(b) the truth of any information given on our Website;
(c) compatibility of our Website with Your equipment software or telecommunications connection;
(d) compliance with any law; and
(e) non infringement of any right.
10.4 Our Website may contain links to other internet websites. We have neither power nor control over any such websites. You acknowledge and agree that we shall not be liable in any way for the information or material of any such linked website(s), nor for any loss or damage arising from Your use of any such website(s).
10.5 To the extent permitted by applicable laws and regulations, we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of our Website or the purchase of Goods.
10.6 To the extent permitted by applicable laws and regulations, in any claim against us our liability is limited to the value of the Goods You have purchased in the Order which is the subject of the dispute.
11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
11.1 Title, ownership rights, and intellectual property rights in the content whether provided by RATIONALE or by any other content provider shall remain the sole property of RATIONALE and/or the other content provider. We will strongly protect such rights in all countries.
11.2 You may not copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this Terms of Sale or as is otherwise permitted under applicable law.
11.3 You may download or copy the content only for Your own personal use, provided that You maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content unless otherwise permitted under applicable law.
12. SYSTEM SECURITY
12.1 You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our Website system installation.
12.2 To the maximum extent permitted under applicable law, You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintentionally affect any portion of our Website, or any software used on our Website, and that You will not permit any other person to do so.
12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of applicable law may result in criminal prosecution.
12.4 Examples of such violations include:
(a) accessing data unlawfully or without consent;
(b) attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures;
(c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of "overloading", "flooding", "mail bombing" or "crashing";
(d) forging any tcp/ip packet header or any part of the header information in any email or newsgroup posting; and
(e) taking any action in order to obtain goods to which You are not entitled.
12.5 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
(a) any violation of system security as set out above;
(b) Your use of our Website;
(c) any other breach or violation of this Terms of Sale by You; and
(d) the infringement by You, or by any other user of Your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of Your communications.
You warrant and represent to us that all personal data which is submitted to us by you through your access and/or use of our Website is complete, accurate, true and correct.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of Your use of our Website, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.
15. CONTRACTUAL LIMITATION
If we provide Goods without charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such free of charge Goods.
16. RIGHTS OF THIRD PARTIES
Nothing in this Terms of Sale or on our Website shall confer on any third party who is not party to these Terms of Sale.
If any of these Terms of Sale are at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced from. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18. NO WAIVER
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
19. DISPUTE RESOLUTION
In the event of a dispute arising out of or in connection with these Terms of Sale or any agreement between You and us, then You agree to attempt to settle the dispute by engaging in good faith negotiations with us. Should such negotiation attempts not result in a mutually acceptable solution of the dispute, you agree to submit to the exclusive jurisdiction of the courts of Singapore.
20. FORCE MAJEURE
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees and other unexpected interruptions.
21. GOVERNING LAW
This Terms of Sales, together with all our policies and procedures, are governed by and construed in accordance with Hong Kong SAR law. The relevant courts of Hong Kong SAR will have exclusive jurisdiction in the event of any dispute or claim associated with these Terms of Sale.