Terms of service
TERMS AND CONDITIONS OF USE AND PURCHASE
1. INTRODUCTION
This document outlines the terms and conditions governing the use of this (https://www.germainedecapuccini.com.sg/) and the purchase of products through it (hereinafter, the “Terms”), regardless of the application, digital medium, platform or device used to access it. Please read these Terms, along with our Privacy and Cookie Policy (“Privacy Policy” and “Cookie Policy”), carefully before using this website. By using this Website or placing an order through it, you agree to be bound by these Terms and our Privacy and Cookie Policy. If you do not agree with all of these Terms and the Privacy and Cookie Policy, you should refrain from using this Website.
If you have any questions regarding the Terms or the Privacy and Cookie Policy, please contact us through our provided communication channels.
2. OUR DETAILS
This website has been developed for NING AESTHETIC PTE LTD (UEN: 202501855W), with registered office at 61 Kaki Bukit Ave 1 #03-36 Shun Li Industrial Park, Singapore 417943. Tel.: +65 9675 2004 ningaesthetic@gmail.com. It is operated by NING AESTHETIC PTE LTD, with registered office at 61 Kaki Bukit Ave 1 #03-36 Shun Li Industrial Park, Singapore 417943.
Company registration number: 202501855W. Telephone +65 9675 2004，ningaesthetic@gmail.com (hereinafter, THE COMPANY)
3. USE OF THE WEBSITE
The use of this Website must comply with the provisions set out in these Terms of Use. By accessing the Website, any User browsing the Site acknowledges that they have read and unconditionally accepted these Terms of Use.
The Website offers access to a broad range of information and services belonging to THE COMPANY. The User assumes responsibility for their use of the Website, including any registrations required to access certain services or content. In these registrations, the User is responsible for providing accurate and lawful information. The User agrees to make appropriate use of the content and services that THE COMPANY offers through its Website and, by way of example but not limitation, agrees not to use them for the following purposes: (I) engaging in unlawful, illegal or activities contrary to good faith and public order; (II) disseminating content or propaganda of a racist, xenophobic, pornographic-illegal nature, or that promotes terrorism or violates human rights; (III) causing damage to the physical and logical systems of THE COMPANY, its suppliers or third parties, including introducing or spreading computer viruses or any other physical or logical systems capable of causing the aforementioned damage; (IV) attempting to access and, where applicable, use the email accounts of other users, as well as modifying or manipulating their messages. THE COMPANY reserves the right to remove any comments or contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, threaten youth or childhood, public order or safety, or that, in its judgement, are not suitable for publication due to being unrelated to the website’s purpose. In any case,
THE COMPANY, as the administrator of its Website, will act diligently as soon as it becomes aware of any acts committed in violation of these Terms of Use or its Privacy Policy.
The materials provided on this Website should not, under any circumstances, be considered a substitute for professional cosmetic advice or any other professional guidance. Therefore, Users should not act based solely on the information provided here without first consulting the relevant professional or specialist.
4. PLACING ORDERS
4.1. SERVICE AVAILABILITY
The items offered through this Website can only be shipped to Singapore. We regret that we are currently unable to ship to other territories and apologise for any inconvenience this may cause.
4.2. PRICES
The sale price, listed in Singapore Dollars (SGD), for the products offered on the THE COMPANY Website will be the price in effect at the time the Buyer places the Order.
All prices on the Website are net prices. as THE COMPANY is not a GST-registered entity.
Prices may change, but (except as mentioned above) such changes will not affect orders for which an Order Confirmation has already been sent.
The price does not include delivery costs, which will be added as a supplement to the price of the products for purchases under SGD 60. Delivery costs will be clearly indicated before the Buyer completes the Order.
4.3. PRODUCTS
The Buyer may select one or more products from the various categories available on the THE COMPANY Website.
THE COMPANY reserves the right to modify the range of products offered on the Website at any time, particularly due to supplier restrictions.
In accordance with applicable regulations, the Buyer will have the opportunity, prior to placing an Order, to review the essential characteristics of the products they wish to purchase on the THE COMPANY Website.
The products will adhere to current legislation. THE COMPANY accepts no responsibility if the product does not comply with the legislation of a country other than Singapore where the product is to be delivered (e.g., if the product is prohibited, etc.). It is the Buyer’s responsibility to verify with local authorities in countries outside of Singapore the applicable limits for the import and use of the products and services they wish to purchase.
For any queries related to the products and their use, or for additional questions or requests for advice, the Buyer may contact the team through the CONTACT FORM page.
4.4. PRODUCT AVAILABILITY
The products displayed on the Website will be available as long as they remain listed with the “add to cart” option active and, in any case, while supplies last.
The validity of the offers presented by THE COMPANY is subject to product availability.
In the event of product unavailability:
- THE COMPANY will cancel the Buyer’s Order, and any payment already processed for the unavailable product will be fully refunded to the Buyer.
- Customer Service will contact the Buyer to inform them of the cancellation of their Order and offer the possibility to renew the Order, excluding the unavailable product.
4.5. PLACING AN ORDER
The Buyer may place an order through the website: (https://www.germainedecapuccini.com.sg/) Once the Buyer confirms their order by clicking on the “Complete purchase” icon (hereinafter, “the Order”), it will be considered that they have knowingly accepted the content and conditions of the Order and, in particular, these Terms at the moment they click on the “Pay” icon. This action constitutes a binding payment obligation.
THE COMPANY assumes no responsibility for errors in entering the email address or if the Order confirmation email is not received. In such cases, the sale will be considered final, except in the event of Order cancellation by THE COMPANY, particularly in cases of product unavailability.
4.6. PAYMENT METHODS
Once you have selected all the items you wish to purchase, they will be added to your cart, and the next step will be to process the order and make the payment. To do this, you must follow the steps in the purchase process, filling in or verifying the information requested at each stage. Additionally, during the purchase process, before completing the payment, you can modify your order details. If you are a registered User, you will also have a record of all orders placed in the “My Account” section.
You may use the following payment methods: Visa, Mastercard, American Express, PayPal, Apple Pay, Android Pay, Google Pay (subject to the availability and functionality of each bank and its app).
By clicking on “Pay Now”, you confirm that the credit card is yours or that you are the legitimate holder of the gift card or store credit.
THE COMPANY is authorised to charge the full price of the Order.
If payments are made using promotional vouchers, gift cards, or online coupons, these must be entered during the checkout process before complete payment.
To minimise the risk of unauthorised access, your credit card information will be encrypted. Credit cards and electronic payments are subject to checks and authorisations by the issuing entity. If the payment is not authorised, we will not be responsible for any delay or non-delivery, and we will not be able to formalise any contract with you.
4.7. DELIVERY
Unless otherwise agreed, we will process and dispatch your order within 3 to 5 business days from the date of the Order Confirmation. Please note that our warehouse operates manually, and order processing or dispatch will only take place from Monday to Friday, excluding Saturdays, Sundays, and Singapore Public Holidays.
Following this processing period, it will take an additional 3 to 5 business days for the third-party courier to deliver the products to the agreed address, except in cases of external factors beyond the direct control of THE COMPANY. The products are shipped directly from THE COMPANY’s stock.
Please note that any estimated delivery dates or windows provided are indicators only. THE COMPANY shall not be held liable for any shipping delays caused by third-party couriers or external logistics issues, and such delays shall not entitle the Buyer to an automatic cancellation of the Order or a full refund.
For the purposes of these Terms, “delivery” or the order being “delivered” will be considered to have occurred when you or a third party indicated by you takes physical possession of the products, as confirmed by courier tracking data or photo verification at the agreed delivery address.
4.8. INABILITY TO DELIVER
If we are unable to deliver your order, we will attempt to leave it in a safe place. If a safe place cannot be found, your order will be returned to our warehouse. We will also leave a note explaining where your order is and how to arrange for it to be resent. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If the order has not been delivered due to reasons beyond our control, we will contact you. If, after thirty (30) days from when the item was made available to you, it has not been collected or you have refused to receive it, we will refund the amount paid. For more information, you can reach out to us through our Customer Service channels.
4.9. TRANSFER OF RISK AND OWNERSHIP
The risk of the products transfers to the Buyer upon delivery.
THE COMPANY ensures that all products are dispatched in perfect, undamaged condition from our warehouse. Once the products are handed over to the third-party express company, THE COMPANY shall not be held liable for any damages, breakages, or leakage incurred during transit, which shall be the sole responsibility of the carrier.
To report any transit-related damages, the Buyer must notify Customer Service within twenty-four (24) hours of delivery with photographic evidence of the damaged product and its original packaging. Failure to report within this timeframe will forfeit the right to any assistance, as THE COMPANY will be unable to lodge a timely claim against the third-party express company.
The buyer will acquire ownership of the products once we have received full payment of all amounts due, including delivery costs, or at the moment of delivery, if that occurs later.
4.10. GUEST CHECKOUT
This Website also allows purchases to be made using the guest checkout option. In this mode, only the essential information required to process your order will be requested.
Upon completing the purchase, you will be given the option to register as a User or continue as an unregistered User.
4.11. RETURN POLICY
Legal right to withdraw from the purchase
In accordance with Singapore commercial practices, THE COMPANY does not accept any returns, exchanges, or refunds for reasons of "change of mind", personal preference, or unwanted gifts once an Order Confirmation has been issued and the products have been dispatched.
Returns or exchanges will strictly only be considered in the event that the products delivered are incorrect (mismatched with the Order) or suffer from inherent manufacturing defects. In such cases, the Buyer must notify Customer Service within seven (7) calendar days from the date of delivery via email at ningaesthetic@gmail.com with clear photographic evidence of the defect or error, as well as the unopened, original packaging.
Any return or exchange requests submitted after the seven (7) calendar day window, or where the product seal has been broken, used, or damaged by the Buyer, will be strictly rejected. Final approval for all return or exchange requests remains at the sole discretion of THE COMPANY.
LOGISTICS AND CONSEQUENCES OF APPROVED RETURNS AND DEFECTIVE PRODUCTS
In the event that a return or exchange request is approved by THE COMPANY under Section 4.11, the Buyer must independently arrange for the products to be returned to THE COMPANY’s designated warehouse at the Buyer's own expense. THE COMPANY will not bear any direct or indirect costs associated with the return shipping, and any original delivery charges paid by the Buyer are strictly non-refundable.
The return shipment must be completed and dispatched within seven (7) calendar days from the date the Buyer notifies THE COMPANY of the return intention.
If the underlying issue is not attributable to THE COMPANY (including but not limited to cases where the product is found to be non-defective, or if the package is lost, stolen, or damaged during its return transit), THE COMPANY cannot and will not assume any responsibility for the return package. No refund or exchange shall be processed under such circumstances.
The returned products must remain unopened, unused, and completely intact within their original sealed packaging. After manually receiving and examining the item, THE COMPANY will inform the Buyer if they are eligible for a verified refund or exchange. If eligible, a product refund or exchange will be manually processed within fourteen (14) business days from the date THE COMPANY receives the physical return.
If THE COMPANY receives an item outside the stipulated period, in poor or tampered condition, with incorrect content, or that otherwise fails to meet the approved return criteria, the request will be strictly rejected. The Buyer must arrange to collect their rejected items from THE COMPANY’s warehouse at their own expense within one (1) month from notification, failing which the items shall be deemed abandoned. THE COMPANY shall not be held liable for any rejected items left uncollected.
4.12. LIABILITY AND DISCLAIMER
Unless expressly stated otherwise in these Terms, our liability regarding any product purchased through our Website is strictly limited to the purchase price of that product.
However, unless otherwise provided by law, we will not accept liability for the following losses, regardless of their origin:
loss of income or sales;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; and
loss of management time or office hours.
Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this Website unless expressly stated otherwise.
THE COMPANY makes every effort to ensure the accessibility of the Website, although we are under no obligation to do so. Access to the Website may be interrupted for maintenance and updates, as well as for other reasons, particularly technical ones. THE COMPANY is not responsible for such interruptions or their consequences for the User, although we will endeavour to minimise any inconvenience caused by these operations.
THE COMPANY is not liable for any potential damage of any kind caused by computer viruses, hacking or other harmful elements, as we cannot fully guarantee the absence of viruses or other such elements on the Website.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
The entire content of this Website (including logos, images, sounds, photographs, videos, colour schemes, etc.) is protected by intellectual and/or industrial property rights owned by THE COMPANY, GERMAINE DE CAPUCCINI or its licensors, which must always be respected by all Users.
The reproduction, transformation, storage, distribution, public communication or any other form of exploitation of all or part of the content on this Website by any means is expressly prohibited. Such acts of exploitation may only be carried out with the express written authorisation of, and if granted, reference must always be made to THE COMPANY or GERMAINE DE CAPUCCINI’s ownership of the relevant intellectual or industrial property rights.
6. VIRUSES, HACKING AND OTHER CYBER ATTACKS
Users must not misuse this Website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging software or material. You must not attempt to gain unauthorised access to this Website, the server on which it is hosted, or any server, computer or database connected to our Website. Users agree not to attack this Website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may result in the commission of offences under applicable law. We will report any such breach to the relevant authorities and cooperate with them to identify the attacker.
Furthermore, in the event of a breach of this clause, your authorisation to use this Website will immediately be revoked.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, viruses or any other technologically harmful or damaging software or material that may affect your computer, IT equipment, data or materials as a result of using this Website or downloading content from it or from any sites to which it redirects.
7. LINKS FROM OUR WEBSITE
Websites linked from our site are not under the control of THE COMPANY. THE COMPANY is not responsible for the content of any linked site, any link contained within a linked site or any changes or updates to such Websites. THE COMPANY provides these links for Users’ convenience only, and the inclusion of any link does not imply endorsement of the Website by THE COMPANY.
8. COMMUNICATIONS IN WRITING
Applicable regulations require that some of the information or communications we send to you be in writing. By using this Website, you agree that most of these communications with us will be electronic. We will contact you by email or social media, and the processing of User data will be in accordance with this Website’s Privacy Policy.
We will provide information by posting notices on this Website.
For contractual purposes, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we provide to you electronically comply with the legal requirement to be in writing. This condition does not affect your statutory rights.
9. NOTIFICATIONS
Notifications you send to us must be made through the channels indicated on the Website. In accordance with our Privacy Policy, and unless otherwise stipulated, THE COMPANY may send communications to you either by email or to the postal address you provided when placing an order.
It will be understood that notifications have been received and properly made as soon as they are posted on our Website, or twenty-four (24) hours after an email has been sent.
10. To prove that a notification has been made, it will be sufficient to show, in the case of an email, that it was sent to the recipient’s specified email address.ASSIGNMENT OF RIGHTS AND OBLIGATIONS
This contract is binding on both the User and us, as well as our respective successors, assignees and transferees. The User may not transfer, assign, charge or otherwise dispose of a contract or any of the rights or obligations arising from it without our prior written consent.
We may transfer, assign, charge, subcontract or otherwise dispose of a contract or any of the rights or obligations arising from it at any time during its term. For the avoidance of doubt, such transfers, assignments, charges or other dispositions will not affect the rights the User, as a consumer, may have under the law, nor will they cancel, reduce or limit in any way the warranties, whether express or implied, that we may have granted.
11. EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in fulfilling any of our obligations if such failure or delay is caused by events beyond our reasonable control (“Force Majeure”).
Force Majeure includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or the threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, aircraft, motor transport or other means of public or private transport.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority. It is understood that our obligations will be suspended for the duration of the Force Majeure event, and we will be granted an extension of time to fulfil those obligations equal to the duration of the Force Majeure. We will use all reasonable means to bring the Force Majeure event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure.
12. WAIVER
Our failure to enforce strict performance of any of your obligations under a contract or these Terms, or our failure to exercise any rights or actions to which we are entitled under that contract or these Terms, shall not constitute a waiver of such rights or actions, nor shall it relieve the User from complying with such obligations.
No waiver by us of any specific right or action shall constitute a waiver of any other rights or actions arising from a contract or these Terms. No waiver by us of any of these Terms or of the rights or actions arising from a contract shall be effective unless it is expressly stated as a waiver and is communicated to you in writing in accordance with the Notifications section above.
13. SEVERABILITY
If any of these Terms or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in full force and effect, unaffected by such a declaration of nullity.
14. ENTIRE AGREEMENT
These Terms and any documents expressly referred to herein constitute the entire agreement between the User and THE COMPANY regarding the subject matter and supersede any prior agreements, understandings or promises made between the User and us, whether oral or written.
The User and THE COMPANY acknowledge that they have entered into a contract without relying on any statement or promise made by the other party or that could be inferred from any statement or writing during negotiations prior to the contract, except as expressly mentioned in these Terms.
Neither you nor we shall have any action against any uncertain statement made by the other party, orally or in writing, prior to the date of a contract (unless such a statement was made fraudulently), and the only action available shall be for breach of contract in accordance with the provisions of these Terms.
15. OUR RIGHT TO MODIFY THESE TERMS
THE COMPANY reserves the right to modify the Terms and Conditions of Use and Purchase of this website. The changes made will not be retroactive.
If you do not agree with the changes, we recommend that you do not use our Website.
16. APPLICABLE LAW AND JURISDICTION
The law applicable to this contract shall be the laws of the Republic of Singapore. For any disputes, controversies, or claims that may arise in connection with this contract or the use of this Website, the parties expressly submit to the exclusive jurisdiction of the Courts of the Republic of Singapore, waiving any other jurisdiction to which they may be entitled.
THE COMPANY will pursue any breach of these Terms, as well as any improper or unauthorized use of its Website, by exercising all legal, civil, and criminal actions to which it may be entitled under Singapore law.