1. WHO WE ARE
1.1 We are Adi Media Pte Ltd., (Company Registration No.201402661E), trading as rosevalley.co (“us”, “we”, “ our”, or “ROSEVALLEY”).
1.2 Adi Media Pte Ltd is a company registered in Singapore. For reference in these Terms and Conditions, “ROSEVALLEY” refers to the registered company Adi Media Pte Ltd.
1.3 These Terms and Conditions are our copyrighted intellectual property. Usage of any kind by third parties, for commercial purposes is strictly not permitted. We reserve the right to seek legal action for any infringements of the copyright.
2.1 In these Terms and Conditions:
“Business Day” means any day on which the banks in Singapore are open, and which is not a Saturday, Sunday, or a public holiday in Singapore;
“Courier” refers to our accepted delivery and shipment partners;
“Order” refers to the submission of your particulars with intention to buy the Product, listed on our Site, and of which submission is made on or through the Site;
”Order Confirmation” refers to our email to you after you place an order, which provides you with details of the order and the notice that your order has been placed;
“Original packaging” refers to the container, wrapper, box, or any other form of containment used to keep the product, which is done by the brand of the product, and which does not include additional wrapping or boxing done by ROSEVALLEY;
“Our Product” refers to products that are displayed or listed on the Site;
“Place an Order” means to checkout on a product, or products and make payment for it, upon which you will receive an email that confirms your order;
“Pre-Order” relates to products or the ordering of the products where its stock is based not in our office or warehouse, but with the brand supplier, which they will deliver the products to us when we notify them of your order of the products;
“Site” refers to the website of ROSEVALLEY, where its homepage URL is rosevalley.co;
“You” means the Customer who places an Order, and thus whom has agreed to the Terms and Conditions.
2.2 References to “clauses”, “terms” and/or “provisions” are to those of these Terms and Conditions.
2.3 The headings of or in the Terms and Conditions are for easy reference only and shall not affect the interpretation of the clauses.
2.4 Any word in the Terms and Conditions that is written in the singular form shall include the plural, and vice versa. Any word that contains or relates to a gender shall include every gender. References to a person or persons shall include an individual, company, corporation, firm or partnership.
2.5 Words such as “includes” or “including”, or any other words or expressions alike, shall mean that the list which it relates to or elaborates is without limitation.
You must be above eighteen (18) years of age to make an Order with ROSEVALLEY. Any person not above eighteen (18) years of age can only do so with the permission and guidance of a parent or guardian.
Any abuse or misuse of this Site or any part of it is strictly not condoned and will be met with the appropriate legal action. Any act, abetment or encouragement of a criminal offence, including the transmission or distribution of a virus, the corruption of data on the Site, the causing of annoyance or disturbance to the Site’s users, the infringement of the rights of the Site and its users, the sending of any unsolicited advertising or promotional material, the attempt to harm the Site and its users, will not be condoned and will be met with the appropriate legal action. You agree that, in using the Site, you will not commit, encourage or abet in any of the actions listed in this clause. This clause adheres to the Computer Misuse Act and Cybersecurity Act 2018, which you agree to adhere to in using the Site.
5. ENTIRE AGREEMENT
5.1 These Terms and Conditions shall apply to all users of the Site. These Terms and Conditions are the entire agreement made between you and ROSEVALLEY and will supersede any preceding or contemporaneous agreements between you and ROSEVALLEY.
5.2 You acknowledge that only the agreements that are expressly stated and written in the Terms and Conditions constitute our Contract, and that you and we do not rely on any representation, undertaking or promise that is implied or said or written between you and us prior to the Terms and Conditions.
6. TERMS OF SALE
6.1 Using the Site
(a) Registration of Account
You may register your account on the Site, following the proper steps provided. In your registration, you shall only submit information that is true and accurate.
(b) Amendment of Account Details
In the event that your personal particulars that were submitted to us are no longer true or accurate, you must amend them via the relevant sections on the Site.
(c) Guest Users
Users of the Site may place Orders without a User Account.
6.2 Orders and Matters Relating To Orders
(a) Placing an Order
To place an Order, you shall follow the proper steps provided in the Site. When placing an Order, you shall provide us with accurate details. After making payment, you will receive an Order Confirmation in your email. The Order confirmation does not form a Contract between you and us as explained in clause 6.3.
(b) Acceptance of Order
An Order is only considered accepted when your order has been sent for delivery or shipment, whichever is earlier. We are not liable to you or any third party if we refuse to process or accept an Order.
(c) If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times in the event of high traffic.
(d) No Cancellation of Order
You acknowledge that an Order may not be cancelled once it has been placed.
(e) In the Event of Delay
In the event that we expect delay, you will be notified of a new expected arrival date. In such event, we shall still be in Contract and no cancellation of the Contract will be effective.
(f) Genuine Mistake in Placing Order
If a genuine mistake to an Order is found, and accepted by ROSEVALLEY as a genuine mistake, it will be an exception to clause 6.2(d).
(h) Mistaken Orders
If you find that you have made a mistake with your Order, please contact us. We will attend to your request and respond appropriately. As stated in Clause 6.2(f), there shall be no cancellation of an order, unless it is accepted by us that a genuine mistake has occurred.
Some of Our Products are on Pre-Order only. This may be due to the brand supplier being based overseas. In this case, after you Place an Order and make payment for these products, we will forward the Order and Payment due to the brand supplier, upon which they will deliver the order to us. Hence, you will expect the products that are on Pre-Order to take 4-6 weeks to arrive at your delivery address from the time you Place an Order.
(j) Limited Liability for Pre-Orders
We hold no liability for any loss or damage to pre-ordered products so long as they are not in our physical possession. Liability will only pass to us when we receive the products from our Supplier, until the time we hand over the products to our Courier, and the liability will cease when the products cease to be in our possession. We endeavour to handle our Pre-Orders with care while they are in our possession and have them delivered to you in proper condition.
(k) No Customised Products
You acknowledge that all the Products listed on the Site are all standard and not customised and not intended to be customised to requirements that you may specify, except for those explicitly stated on the Site to be intended for customisation.
6.3 Formation of a Contract
(a) Invitation to Treat, not an Offer
The information provided in the Terms and Conditions and the details stated on this Site do not constitute an offer for sale, but an invitation to treat.
(b) No Contract until Start of Delivery Process
The Placement of an Order does not constitute a Contract between you and ROSEVALLEY. A Contract in respect of any Product on the Site shall exist between you and us only when the Product that you ordered is given by us to our courier for delivery.
6.4 Product, Price, Payment
(a) We endeavour to provide you with accurate presentation of all Our Product details and descriptions and prices on the Site. However, in the event that an error is discovered in the price of any Product which you have ordered, we will inform you of it as soon as possible and notify you the correct price of the product, upon which you may choose to proceed with the order at the correct product price or cancel the order. If the error affects only a part of the order, we may arrange to proceed with the order of the unaffected products, and proceed with the decision you make on the affected product, the options as stated in this clause. If we are unable to contact you, we will treat the Order as cancelled. We are under no obligation to fulfil your Order if the price listed on the Site is incorrectly stated.
(b) GST not displayed
Prices displayed are not inclusive of GST.
(c) Withdrawal of Products
We reserve the right to withdraw or remove any product listed on the site at any time without any notice, and/or to remove, amend, edit or vary any information, details or descriptions on the site. We will hold no liability to you or any third party due to the withdrawal, removal, edit or amendment of any product from or on the Site.
(d) You acknowledge and agree to the Payment Policy of ROSEVALLEY.
7. SHIPPING & DELIVERY
You acknowledge and agree to the Shipping & Delivery Policy of ROSEVALLEY.
You acknowledge and agree to the Exchange Policy of ROSEVALLEY.
9. COUPON CODES
9.1 Using Coupon Codes
You may use our promotional coupon codes while making payment for Products on the Site. Specific details for promotional coupon codes are listed below.
9.2 Retrieving coupon codes
You may retrieve our coupon codes in your email provided to us, or on our social media accounts. We accept no Liability for errors in the email address of the coupon code recipient.
9.3 Misuse of coupon code
(a) You confirm that, when you use a coupon code that is exclusive or limited to you, you are its legitimate holder and that the code cannot be used by someone other than you and you cannot assign your rights to any other person or user to use that code.
(b) In the event or attempt of fraud, deception or suspicion of an illegal or criminal activity, relating to your use of a ROSEVALLEY coupon code, we are entitled to suspend or terminate your account.
9.4 Disclaimer for liability of coupon code
We are not liable for any loss, theft or illegibility of the coupon codes provided to you.
9.5 Discontinuation of coupon code
ROSEVALLEY may at its sole discretion discontinue, cancel, or terminate any promotional coupon code issued and will not be responsible for any losses that may arise from the discontinuation, cancellation or termination.
9.6 Distribution of coupon codes
From time to time we may distribute promotional coupon codes that may be used only on the Site, which we will distribute either by email, our social media accounts, or at official ROSEVALLEY events, or by any other method to our discretion.
9.7 Time period of coupon code
Promotional coupon codes are valid for the time period specified with the distribution of the coupon code. You acknowledge that our coupon codes can only be used once.
9.8 Use on selected items only
You acknowledge that the coupon codes may be used only on selected items and that we may exclude individual brands from the coupon code promotions.
10. DISCLAIMER OF LIABILITY
10.1 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. As so far permissible by law, and unless it is stated otherwise in the Terms and Conditions, ROSEVALLEY and its partners, sponsors, and suppliers, make no representations, conditions, warranties or any other terms which might be implied.
10.2 As so far permissible by law, and unless it is stated otherwise in the Terms and Conditions, ROSEVALLEY shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, that may arise from or relate to the use, inability to use, the performance or the failures of the Site, regardless of whether such damages were foreseeable or arose in contract, tort, equity, restitution, by statute, at common law or otherwise.
10.3 Notwithstanding anything in these Terms, certain legislation, including the Singapore Sale of Goods Act, may impose consumer guarantees or imply warranties or conditions or impose obligations upon ROSEVALLEY which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms must be read subject to these statutory provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
You agree to indemnify, defend, hold harmless ROSEVALLEY, its directors, partners, officers, employees, consultants, agents, and affiliates, from any and all claims, demands, losses, liabilities, expenses, obligations, damages and/or costs, including, but not limited to, legal fees, that arise from your use of the Site, your breach of the Terms and Conditions or the violation of any law or rights of a third party.
12. CUSTOMER SERVICE
12.1 ROSEVALLEY shall perform its obligations under these Terms and Conditions with reasonable attention and care.
12.2 You may contact us at any time using the contact details provided on the Site. We will attempt to address your concerns as soon as possible and will contact you upon receiving your message, email, feedback, complaint or inquiry.
12.3 In the event of a complaint, you shall provide us with the purpose of your complain with a clear description of it, and as accurately as possible, and that you shall quote your Order number within the complaint. In an event where you do not receive a response from us within five (5) business days, it shall be that we did not receive your message due to a problem with the feedback platform, and in such an event, you may make further enquiries so as to reach us.
13. PERSONAL DATA PROTECTION
14. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
14.1 We shall not be liable to you for any breach, hindrance or delay in our performance or fulfilment of our Contract with you that is caused by an event beyond our reasonable control, which include without limitation the following:
(a) Strikes, lock-outs or any other industrial action
(b) Civil commotion, riot, invasion, terrorist attack, threat of a terrorist attack, war (whether declared or not), the threat of war, or the preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Inability to use the trains, railways, shipping, aircraft, any motor transport or any other means of public or private transport.
(e) Inability to use the public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
14.2 Either you or we may terminate the contract by a written notice and without liability if the force majeure event lasts for more than a week.
14.3 In the event of force majeure, we reserve the absolute discretion to decide the solution in meeting our obligations under our contracts.
14.4 If we have multiple contracts to fulfil, due to having made contract with multiple customers, and are unable to fulfil all the contracts, we may decide at our absolute discretion which contracts we will fulfil and to what extent of it.
15.1 We reserve the right to amend these Terms and Conditions at any time without giving notice to you.
15.2 All amendments to the Terms and Conditions will be updated on this page.
15.3 It will be considered an acceptance of the new, amended or updated Terms and Conditions if you continue to use this Site.
15.4 Any notice given by registered post shall be deemed to have been served within two Business Days of being posted to the recipient’s address within Singapore.
15.5 Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
15.6 In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received. In cases where the service of a notice by post or email must be proved, it shall be sufficient proof to show that the notice was properly addressed, with a delivery report or signed receipt, where applicable.
16. INTELLECTUAL PROPERTY
All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, and all other forms of intellectual property rights existing in the world) in the Sites are owned by or licensed to ROSEVALLEY and its affiliates. Nothing in these Terms and Conditions constitute a transfer of any intellectual property rights.
17. ADVERTISING ON THE SITE
We shall comply with any relevant laws and regulations relating to the Site governed by the Advertising Standards Authority of Singapore.
18. LINKS TO THE SITE
18.1 You may link to the Site, provided you do so in a way that is not illegal and is not likely to damage our reputation or take advantage of it.
18.2 You must not establish a link to the Site in such a way that will portray us as associating with, approving or endorsing something which we do not expressly state of doing so. A violation of this clause will be met with the appropriate legal action.
No failure or delay by us or by you in performing or exercising any right under these Terms and Conditions or Contract made with us shall be considered a waiver of such right, and shall not affect the right or diminish our or your rights under the Terms and Conditions or the Contract.
The invalidity of any clause or term in the Terms and Conditions, as may be considered by a court to be so, shall not affect any other clause or part of any clause. In such an event, the other clauses shall still remain in full force and effect, as long as the Terms and Conditions are capable of being effective without the particular invalid clause or term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over, or deal with in any other manner the Terms and Conditions, any Contract made under it, any of your rights or obligations under these Terms and Conditions, or any rights or obligations under any Contract made with us.
Nothing in these Terms and Conditions or a Contract shall create or be considered to create a partnership, an agency or a relationship of employer and employee between you and us. No partnership, agency or relationship of employer-employee nature is made between you and us through the Terms and Conditions or through any contract between us from the sale of Our Products.
23. THIRD PARTY RIGHTS
No third party, or person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms.
24. GOVERNING LAW
24.1 The Terms and Conditions and any Contract relating to or arising from it shall be governed and construed in accordance with the laws of the Republic of Singapore.
24.2 You agree that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with these Terms or its subject matter or formation.
24.3 All dealings, correspondence and contacts between us shall be made or conducted in the English language.
25. AMENDMENTS TO THE TERMS AND CONDITIONS
25.1 We reserve the right to amend these Terms and Conditions at any time without giving notice to you.
25.2 All amendments to the Terms and Conditions will be updated on this Page.
25.3 It will be considered an acceptance of the new, amended or updated Terms and Conditions if you continue to use the Site.
25.4 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions as at the date of submission of your Order.
25.5 You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.