Terms and Conditions
When we say “Itsy Cotton” we mean Itsy Cotton Pte Ltd. and any of its current subsidiaries or to be formed later. We also refer to Itsy Cotton as “we,” “us” and “our.”
Unless otherwise specified, when we say “Websites,” we mean those including but not limited to www.itsycotton.com, our mobile site www.itsycotton.com, the Itsy Cotton Apps (if and when this is implemented at any point in time), and also all and any of Itsy Cotton’s social media sites/platforms including Facebook, Instagram, Blogs, VBlogs (if any) and all related functionality, services, and Content offered by Itsy Cotton on or through www.itsycotton.com, the Itsy Cotton Apps, Itsy Cotton’s social media sites/platforms aforementioned and/or the systems, servers, and networks used to make the Websites available.
When we say “you” or “your”, we mean any user or Customer of our Websites.
When we say "Customer" we mean the person whose offer to purchase products and/or services has been placed via the Websites and duly accepted by Itsy Cotton.
When we say "Products" we mean our products and services forming the subject matter of and provided via the Websites.
When we say “Carrier” we mean the independent third party logistic/delivery company for the delivery of the Products you have ordered.
When we say “Content,” we mean product information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Websites.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Websites administrated by third-party social media platforms (e.g., Facebook or Instagram, Blogs, Vlogs, Newsletters) and/or service providers that allow interaction with the Websites through the tools offered by such social media platforms and/or service providers).
When we say “Materials,” we mean Content that Itsy Cotton makes available in or through the Websites.
3. Optional Registration with us
Registering for a customer account is optional. If you choose to register yourself with us, we shall require certain information from you. Registration is simple and done only by an individual Customer.
The Customer must provide his/her first and last name(s), own unique email ID and password to create his/her customer account. The email ID and password will be required for login to his/her customer account on the Websites. The Customer must not select or use an email of another person with an intention of impersonating that person and/or without that person’s authorisation.
The Customer must be over 18 years of age to register. Customers must also ensure that all details provided during the registration for a customer account and/or during the course of transaction or any other time are up to date, correct and complete. We are not responsible or liable for any loss, damage, cost or expense incurred by the Customer for any inaccurate and incomplete information provided during registration for a customer account and/or during the course of transaction or any other time.
You will be asked to provide a password upon registration, your password must be kept confidential and must not be disclosed or shared with anyone. You will be responsible for any purchases and activities that are submitted under your registered password. Itsy Cotton shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your email ID and password.
We reserve the right to change or re-assign email IDs and/or password(s) at our sole discretion by giving you notice. We shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment. We also reserve the right to refuse, suspend or terminate your registration and/or customer account at our discretion. You agree not to hold us liable or responsible for any loss or damage incurred by you arising out of, or in connection with the suspension and/or termination of your registration/customer account.
4. Use of Websites
Because the Websites are published on the World Wide Web, it is accessible in Singapore and in other countries. Each of these countries has laws that may differ from those of Singapore and from each other. We thus make no representation that the Websites (including links to third-party sites) and the material therein are appropriate or available for use in locations other than in Singapore.
You certify that (where and when you post, if applicable) the Content you provide on or through the Websites is accurate and that the information you provide on or through the Websites is complete.
You are solely responsible for maintaining the confidentiality and security of your customer account including email ID and password. We are not responsible for any losses arising out of the unauthorized use of your customer account. You agree that we do not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Websites. You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment. Your customer account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Websites or any portion of the Websites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Websites or any portion of the Websites.
In accessing and using the Websites, you agree that you shall not:
Make available any Content through or in connection with the Websites that is or may be in violation of the content guidelines set forth below.
Make available through or in connection with the Websites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Websites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Websites.
Interfere with or disrupt the operation of the Websites or the systems, servers, or networks used to make the Websites available, including by hacking or defacing any portion of the Websites; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Websites.
Reverse engineer, decompile, or disassemble any portion of the Websites, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Websites.
Frame or mirror any portion of the Websites, or otherwise incorporate any portion of the Websites into any product or service, unless you obtain our express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Websites, without our express prior written consent.
Cause injury to any person or entity.
You will not use the Websites or our name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing our trademark, logo, URL, or product name without our written consent;
We do not make any representation, warranty or endorsement of any of the products and services or information or description provided by any third party on the Websites.
While we may have made all attempts to ensure the Websites’ access is available all the time, occasionally the Websites may undergo repairs, maintenance or the introduction of new services. Our Websites include links to other Websites or materials which are beyond our control.
We shall not be liable for any downtime, failure or non-availability for any reason including but not limited to disruption of telecommunication or computing services, virus, worms, logic bombs, non-compliance, etc. of our site or to receive or process any orders.
5. Intellectual Property
No license, right, title, or interest in the Websites or any Materials is transferred to you as a result of your use of the Websites or your accessing, viewing, downloading, or printing of the Materials. You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Websites. The Websites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Websites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Websites and Materials is the exclusive property of ours and is also protected by Singapore and other international laws
Itsy Cotton, the Websites’ names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Websites are trademarks of ours in Singapore and other countries. All other marks are the property of the respective companies.
6. Your contribution of Content and Ideas
7. Itsy Cotton Rights to Use Content and Ideas
You grant to us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non- exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that we are free to use any Ideas for any purpose. We may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Itsy Cotton is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to us the right to use any name associated with any Content or Idea that you make available to us, although we have no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
8. Prohibited Contributions from You
You agree that you shall not make available Content in connection with the Websites that:
- is false, fraudulent, inaccurate, or misleading;
- contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- violates any local, state, federal, or international laws or is otherwise tortious;
- is protected by or would infringe on the rights of others including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- is obscene, indecent, pornographic, or otherwise objectionable;
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us, in its sole discretion;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from us;
- contains or relates to chain letters or pyramid schemes;
- impersonates another business, person, or entity, including Itsy Cotton, our related entities, employees, and agents;
- violates any policy posted on the Websites; or
- is intended to cause harm, damage, disable, or otherwise interfere with the Websites or our independent third-party collaborators.
9. Monitoring by Itsy Cotton
10. Materials Available on Websites
We, our suppliers and licensors may make available various Materials. The Materials are for educational, entertainment and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts/suggestions that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Websites, we would appreciate it if you let us know by contacting us at firstname.lastname@example.org. Your feedback is useful to us.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Materials.
Listings, descriptions, and images of our goods and services may be made available by us or by third parties on the Websites. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Websites). Such information and the availability of any such goods and services are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including applicable colours. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect actual product colour or finish. We cannot accept responsibility for any variation in colour caused by the browser software or computer system used by you. In addition, certain size charts provided, weights, measures, and similar descriptions are approximate and are for convenience only.
We have no liability to you for content on the Websites that you find to be offensive, indecent, or objectionable. By ordering an age restricted item, you certify that you satisfy the age restrictions.
We are not responsible for, and cannot guarantee the performance of goods and services provided by third parties, including any from our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Websites, including but not limited to the product description, country of origin, material used and other information. Always read labels, warnings, directions, and other information provided with any of the Products before using the Product. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any of our Products.
12. Placing an Order
All communications made by us and information displayed on the Websites shall not constitute offers to contract but are invitations to treat only.
No orders via phone or email will be accepted. All Customers have to submit their orders online via the Websites. You shall not change the standard terms and conditions set out in the prescribed form presented by us in the Websites.
Our receipt of an order confirmation from the Customer does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. The data/request message sent by you via the Websites shall constitute an offer to purchase the Products according to the terms herein and is not binding until acceptance is sent via data message by us and your Product has been handed from us to the Carrier.
We reserve the right to refuse your offer without the need to furnish you with any reason(s). We also have the right to cancel any order(s) containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us and/or the Carrier. We may either contact you for instructions or cancel your order and notify you of such cancellation.
It is your sole responsibility to verify that your electronic mailbox is in proper working order. In the event of operational failures, the Customer shall assume all risks, losses, damages or other consequences of such failure. We shall not be held responsible for any inaccuracy or omission.
We reserve the right to revise and or discontinue any Product at our discretion.
You acknowledge and accept that the specification of any of the Product delivered to you may differ from those described in any specification sheet or Product catalogue on the Websites.
13. Price and Availability
Pricing for Products may be different on the Websites or from prices available in the physical stores of our stockists and wholesalers or from prices on any other external online sales platforms we use such as the Itsy Cotton shops hosted on our social media platforms including but not limited to Instagram or Facebook or from prices on Itsy Cotton Apps.
Items placed in your shopping cart are not reserved.
We cannot confirm the price or availability of an item until after your order is placed. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us and/or the Carrier. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
All prices are quoted on the Websites are on ex-store basis and shall not include any shipping fees, our local Goods and Service Tax (GST), custom duties, additional import or export tax, tariff or other charges applicable.
In addition to the price of the Products, estimated shipping fees as shown at checkout, if applicable, will also be payable by you. In the event your order must be fulfilled using Products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered. i.e. final shipping fees. Itsy Cotton reserves the right to contact you to pay additional shipping fees before shipping your order if the final shipping fees are more than the estimated shipping fees originally quoted.
All prices quoted on the Websites are non-inclusive of our local GST because we are not GST registered.
We retain title to Products until you have paid all amounts payable in respect of Products to us in full (including all applicable final shipping fees and our local GST, if any etc.)
Customs duty and/or additional import taxes are not included in prices quoted on the Websites and may be applied when the items pass through Customs inspections in any country. We do not have prior knowledge of these customs duties and/or additional import taxes. Please check with your local customs office for more details on your liability for custom duties and/or additional import taxes. You will be responsible for paying these custom duties/additional import taxes, etc.
In the event of any price differentials between the online order billing and the final bill whether arising from substitutions, daily price changes, out-of-stock Products, special price, mislabelling or mispricing etc, we reserve the right to adjust the final bill after the online bill is presented/conveyed to you and such adjustment shall be final.
Whilst every effort is made to fulfil orders in terms of price, size and such other details through our Websites, we expressly reserve the right to vary the price and other details of the Products without notice. As much as we try to reflect the actual Product size, weight or other details and price, we are not liable for situations when they may differ from the actual Product.
We shall not be liable to any Customer or any other person for any loss, damage incurred or inconvenience suffered in the event we decline to fulfil an order for whatever reason including but not limited to an unforeseen circumstance (e.g., lack of availability, quantity or specification etc.) as the case may be.
14. Payment and Billing
If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Itsy Cotton may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
We have no obligation to deliver Products until the Price and any other applicable charges are received in full by us in the currency in which the price is quoted on the Websites. You are deemed to have given us your consent to pay any charges above mentioned on your behalf and you undertake to repay us any such charges paid by us on your behalf. You shall not assert that you are exempted from the payment of such charges.
We reserve the right to change the mode or method of payment for Products offered on the Websites at any time by announcement via the Websites (i.e., by means of updating the payment icons located at the bottom of our homepage at www.itsycotton.com to show the payment options available to the Customer), email blasts and any other means of public communications.
15. Product Unavailability
In situations of stock unavailability, we reserve the right to proceed with the delivery of only such quantity of the item(s) available Special offers are valid while stock last. Traders are not allowed. We reserve the right to reject, and/or limit quantities on any orders received.
16. Delivery and Pickup
All contracts of sale shall be made between you and us only. You acknowledged that delivery of Products and/or services or fulfilment of purchase orders shall be made through the Carrier. We shall not be responsible for delivery of Products and/or services or fulfilment of purchase orders.
Products will be delivered to an address designated by you (no PO Box address permitted), if applicable, so long as such address is complete and complies with the delivery restrictions contained on the Websites. All transactions are made pursuant to a delivery contract, and as a result, risk and title for the Products shall pass to you upon delivery of the Products by us to the Carrier.
Delivery of Products purchased from the Websites to addresses outside Singapore is limited. Some Products may also have restricted delivery within Singapore. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
The Carrier will only deliver your order to the front door at the stated delivery address. In an event where the Carrier has been notified to leave your order on your doorstep, we and/or the Carrier shall not be liable for any consequential, indirect or special damages or loss of whatever descriptions.
Any delivery date provided by us and/or the Carrier shall be indicative only and shall not be an obligation on us and/or the Carrier. You acknowledge that in purchasing Products, you have not relied on any representation by us as to the delivery date of the Products.
If you fail to take delivery of Products or fail to enable the Carrier to make delivery (whether by refusal or failure to provide any instruction, document, licence, authorization or otherwise) delivery shall be deemed to have taken place upon us giving notice to you of such deemed delivery whereupon risk in Products shall pass immediately to you. You shall reimburse us all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by us as a result of your failure or refusal to take physical delivery.
Unless you notify us to the contrary by the next calendar day after the delivery of Products, you shall be deemed to have accepted the purchased Products in good condition and in accordance with the terms of the Websites.
You are strongly advised to check the item purchased at the time of acceptance to avoid any possible dispute. All Products leaving us have been checked for quality and accurate quantity, size, colour and model ordered.
17. Amendment/Cancellation of Offer to Purchase or Delivery by the Customer
Kindly take note that no amendments/cancellations by the Customer are permitted once the order has been accepted and processed by us and the Product has been handed over to the Carrier. Additional fees shall be borne fully by you in the event if you wish to cancel/return the parcel to us.
Notwithstanding the above, we may at our absolute discretion and subject to you paying an administrative fee, allow the Customer to cancel or amend your order. We shall determine the amount of such administrative fee.
18. Overseas Delivery Policy
You acknowledge that the items of Products sold on the Websites are subject to the customs and export control laws and regulations of the Singapore and may also be subject to the customs and export laws and regulations of the country in which the Products are received, and you shall fully comply with all applicable laws at your own expense including but not limited to the payment of all taxes, tariffs, duties, levies and the like.
19. Product Return, Exchange and Refunds
Our General Product Return Policy, Defective Product Return Policy, Wrong Item sent Return Policy and No Exchange Policy are only for Products sold on our Websites. All permitted returns and exchanges need to be accompanied with proof of purchase from our Websites. For Products purchased from our stockists and wholesalers, please refer to their return and exchange policies.
20. General Product Return Policy
We want you to be happy with your purchase. In the event you have changed your mind, you may return your purchase. Returns are only accepted within 14 calendar days after you have received your order, after which we are not obliged to accept your returns.
Before returning any Product of your purchase, you will need to send us an email at email@example.com with your order number and the Product(s) you intend to send back to us. We will then provide you with instructions on the return procedures.
All returns shall be inspected and any Products deemed to have been worn or used shall not be accepted. All returns must be new, come with their original tag(s) attached and in their original packaging. All item(s) of the Products have to be returned with their shoeboxes in good condition as well.
Once we have checked that the Product(s) returned to us is in good condition, we will refund the amount paid for the Product via the original payment method used, excluding the original shipping fees paid. We regret to inform all our overseas customers that we will not be able to refund any custom duties/additional import taxes paid to your local customs office by you.
Returning the item of the Product purchased is your responsibility. We advise that all return(s) be by way of registered mail because returns that are lost in the mailing process cannot be processed. All return shipping fees are paid by the Customer.
Notwithstanding the foregoing, all returns will be subjected to our sole discretion and we reserve the right to refuse return of goods that do not meet our return policy requirements. If we reject the Customer’s return, he/she may arrange for the re-collection of the rejected return at his/her own cost. However, we are not obliged to store the rejected return for more than 7 calendar days.
21. Defective Product Return Policy
We check every single package carefully before dispatch to ensure that the items of the Products returned are in good condition. If you have a problem with your purchase, please let us know immediately upon receipt of your parcel at firstname.lastname@example.org and we will do our best to help you.
We reserve the right (but are not obliged) to arrange for a Carrier to collect the defective Product from you at our cost. All Products returned as defective shall be inspected and any Products deemed to have been worn or used or subject to fair wear and tear shall not be accepted as defective. All returns must be new, come with their original tag(s) attached and in their original packaging. All item(s) of shoes have to be returned with their shoeboxes in good condition as well.
Once we have checked that the Product is indeed defective and if returned, meets the aforementioned conditions, we will replace a defective Product for another item in the exact same model and size, if a replacement is in stock and available. We will be wholly responsible for the shipping fees for the replacement of a defective Product.
In case we cannot offer you a replacement, you will receive a refund via the original payment method used for the order at the time of purchase for your order value of the defective Product including the original shipping fees paid for the defective Product. We reserve the right to estimate and adjust the shipping fees refundable to you if your purchase consisted of other items besides the defective Product. We regret to inform all our overseas customers that we will not be able to refund any custom duties/additional import taxes paid to your local customs office for any defective Products sent.
Notwithstanding the foregoing, all returns and exchanges will be subjected to our sole discretion. We reserve the right to refuse return of goods that do not meet our return policy requirements. If we reject the Customer’s return, he/she may arrange for the re-collection of the rejected return at his/her own cost. However, we are not obliged to store the rejected return for more than 7 calendar days.
22. Wrong item sent Return Policy
We strive to do our best but sometimes we make errors. If we have incorrectly processed your order and have sent you the wrong item, please let us know immediately upon receipt of your parcel at email@example.com and we will do our best to help you.
We reserve the right (but are not obliged) to arrange for a Carrier to collect the wrong item sent from you at our cost. All returns shall be inspected and any Product deemed to have been worn or used shall not be accepted. All returns must be new, come with their original tag(s) attached and in their original packaging. All item(s) of shoes have to be returned with their shoeboxes in good condition as well.
Once we have checked that the Product is indeed wrongly sent and if returned, meets the aforementioned conditions, we will replace a wrong item of Product sent for the correct item ordered, if a replacement is in stock and available. We will be wholly responsible for shipping fees for the replacement of a wrong item sent.
In case we cannot offer you a replacement, you will receive a refund via the original payment method used for the order at the time of purchase for your order value of the wrong Product sent including the original shipping fees paid for the wrong Product sent. We reserve the right to estimate and adjust the shipping costs refundable to you if your purchase consisted of other items besides the wrong Product. We regret to inform all our overseas customers that we will not be able to refund any custom duties/additional import taxes paid to your local customs office for any wrong Products sent.
Notwithstanding the foregoing, all returns and exchanges will be subjected to our sole discretion. We reserve the right to refuse return of goods that do not meet our return policy requirements. If we reject the Customer’s return, he/she may arrange for the re-collection of the rejected return at his/her own cost. However, we are not obliged to store the rejected return for more than 7 calendar days.
23. No Exchanges Policy
We do not process exchanges for correctly processed orders. If you need a different size or have changed your mind about the model or colour, please return the Product(s) purchased and place a new order for the size you need.
24. Exchange of Sale/Promotional items of Product
All items that have been bought on sale and/or during any special promotional event are final sales and cannot be exchanged nor returned nor refunded.
26. Promotional Codes
We may use promotional codes and these are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
27. Third Party Sites and Links
We are not responsible for content of any other sites. In addition, a link to another website does not mean that we endorse or accept any responsibility for the content displayed on the other website(s).
References on the Websites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. We are not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Websites operate or otherwise interact, nor are we responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party’s terms and policies (including its privacy policies).
28. Third-Party Software & Licensing Notices
WE EXPRESSLY EXCLUDE ALL WARRANTIES, DESCRIPTIONS, REPRESENTATIONS OR ADVICE RENDERED AS TO THE FITNESS OR SUITABILITY FOR A SPECIFIC PURPOSE, TOLERANCE TO ANY CONDITIONS, SIMILIARITY TO SAMPLE, MERCHANTABILITY OR OTHERWISE OF THE PRODUCTS SUPPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.
No agent or representative of ours is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the Products supplied.
We give no warranty, express or implied, that the use of these Websites or the placing of any order through the Websites from outside Singapore complies with any applicable non-Singaporean laws or regulations. Accordingly, any of the Products or promotions not permitted under your local law are not offered to you.
We do not warrant that our Websites will operate error-free or that our Websites or its server is free of computer viruses or other harmful items. If your use of our Websites and its Material result in the need for servicing or replacement of your equipment or data, we shall not be responsible for these costs.
Our Websites contains links to other websites maintained by other third party/parties. We do not monitor the contents on these sites nor do we have the ability to control these sites. For these reasons, we cannot take responsibility for the third-party content, and we urge you to direct any complaints or concern about such content to the administrator or Webmaster of the relevant sites.
30. Limitation of Liabilities
IN NO EVENT AND CIRCUMSTANCE SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE OUR WEBSITES OR ITS MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL CAUSES OF ACTION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNRESERVEDLY ACKNOWLEDGE AND AGREE THAT YOU SHALL ASSUME ALL RISK IN CONNECTION WITH THE USE OF THE WEBSITES AND/OR THE MATERIALS.
WE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR LOSS OF WHATEVER DESCRIPTIONS FOR THE PRODUCTS DELIVERED TO YOU OR ANY THIRD PARTY. TO THE EXTENT THAT WE ARE FOUND LIABLE (BY A COURT OF LAW) IN CONTRACT, TORT OR OTHERWISE FOR ANY LOSS, DAMAGE OR INJURY ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN OR NON- COMPLIANCE OF THE PRODUCT OR ANY OTHER BREACH OF OUR OBLIGATIONS HEREUNDER, SUCH LIABILITY SHALL NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PRICE OF THE PRODUCT(S).
You expressly agree that we shall assume no obligation or liability for any advice or information given with the Products and that we shall also assume no responsibility for any inaccuracy or misstatement of any such information. You shall assume all risks connected with the use and storage of the Product.
Provided always that nothing herein shall exclude our liability for personal injury and death caused solely by our negligence.
Without limitation to the foregoing:
The Websites and all information contained herein is provided on an "as is" without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for a purpose, or non-infringement. Before acting on the information found on the Websites, you may wish to confirm the facts that are important to your decision making. Product information on our Websites may be different from information on the products for a variety of reasons including such things as manufacturers’ updates and changes.
We reserve the right to change or update information on any Product on the Websites at any time without prior notice.
To the fullest extent permitted by law, we shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.
We shall also not be liable for any loss of chance arising from any defect, malfunction or failure of any telephone network / lines, computer systems, servers, computer equipment, software used in connection with the Websites.
You shall not assign or otherwise transfer any of your rights and obligations whether wholly or partly without our prior written consent.
34. Force Majeure
We shall not be liable for any delay in performing or failure to perform obligations if the delay or failure results from events or circumstances outside our reasonable control and also in event of any sort of pandemic/epidemic or similar circumstances facing us.
35. Governing Law and Jurisdiction
You and Itsy Cotton both benefit from establishing a predictable legal environment in which to publish, access and use the Websites. Therefore, by publishing, accessing and/or using the Websites, you and Itsy Cotton explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Websites will be governed by the laws of Singapore, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the operation or use of the Websites will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Websites from locations other than Singapore, you will be responsible for compliance with all local laws of such other jurisdictions.
36. License Grant
By posting communications/material or content on or through the Websites, you will be deemed to have automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees.
37. Copyright Infringement and Copyright Agent
We may in appropriate circumstances and at its sole discretion, remove, or disable access to, materials on the Websites that infringes on the rights of others.
If you believe that your work/content has been used on the Websites in a manner that constitutes copyright infringement, please provide us with a written notice (e-mail is sufficient) with details and information of your complaint.
The complaint should include the following details: an electronic or physical signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringed is located on the Websites; your address, telephone number and email address; a statement by you that in good faith you believe that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
We shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending such claims, suit or proceeding.
Updated on 18 March 2021