FoxySales.com is a Private Limited company registered with the Accounting And Corporate Regulatory Authority (ACRA) in Singapore under the registration number 201018835C.
Its head office is based at 118, Joo Chiat Road, #04-01, Singapore 427407. Contact number: +65 6440 6350. Email address: contact(at)foxysales(dot)com
These terms and conditions apply to the use of this Website (www.foxysales.com) by members of the FoxySales club. By becoming a member and subsequently accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
1.1. “FoxySales”: the Private Limited company owner of the website www.foxysales.com.
1.2. “Conditions”: The Terms and Conditions contained herein and any additional Special Conditions applicable or agreed upon, if any.
1.3. “Website” or “FoxySales Club”: the e-commerce platform and services hosted under the url address www.foxysales.com or any URL, which may replace it.
1.4. “Member” and “Members”: the registered users of the Website.
1.5. “You”: Member.
1.6. “My Account”: This is the section accessible when a Member logs in the Website and which consolidates all personal information provided by the Member on registration for membership, orders and invitations history as well as preferences. It can be updated anytime by the Member itself.
1.7. “Product” and “Products”: all products offered for sale by FoxySales on its Website.
1.8. “Purchase Order” and “Purchase Orders”: The purchase order for Products issued by any Member on the Website.
1.9. “Purchased Product” and “Purchased Products”: the Products purchased on the Website by the Members.
2. Use of the Website
2.1. Access to the Website
You may only access to this Website on the basis of these Conditions. Any Purchase Orders placed by you must be placed strictly in accordance with these Conditions.
You can become a Member by simply filling in the registration form. Membership is free and easy with no compulsory purchase.
By becoming a Member, you agree to receive email notifications from Foxysales, informing you on new sales, new products, features, special offers, contests, events of interest, marketing promotions. Those email notifications may include marketing information about FoxySales or selected business partners.
You warrant that the personal information that you are required to provide when you register as a Member of the FoxySales club is true, accurate, current and complete in all respects; and you will notify FoxySales immediately of any changes to the personal information by updating your My Account records.
You agree not to pretend to be any other person or entity or to use a false name or a name that you are not authorised to use.
FoxySales has the right to refuse or withdraw the membership of a Member at its absolute discretion on an immediate basis and without prior notice.
The Member can ask for cancellation of his membership or to stop receiving email notifications by contacting Customer services or by clicking the unsubscribe link displayed at the bottom of all email notifications.
The Member hereby confirms that he/she is at least 21 years of age and has legal capacity to become a Member of FoxySales.
Access to FoxySales club is either via self-registration or via prior referral by a Member. Referral by a Member is limited to a restricted circle (friends and family). All Members are prohibited from issuing any mass referrals to persons outside this restricted circle and are especially prohibited against issuing referrals for the purposes of direct or indirect profit. It is also strictly prohibited for a member to refer himself to FoxySales for the purpose of direct profit.
If FoxySales should become aware of any serious irregularities/breaches by a Member in the use of its referral system, it shall be entitled to take any appropriate steps it may deem in its absolute discretion as necessary and fit to ensure that these irregularities cease, including the deletion of credit earned through abusive referral and termination of the offending Member's account.
Each Member shall be allowed to invite friends to join FoxySales club.
You agree fully to indemnify, defend and hold FoxySales, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by Members or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your information recorded in My Account.
2.5. FoxySales’ rights
FoxySales reserves the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that FoxySales shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
2.6. Basis of Sale
These Terms and Conditions and any Special Conditions will govern the Purchase Order and Purchase Order confirmation to the exclusion of any other terms, including any terms and conditions which the Member may intend to apply under any Purchase Order, confirmation of Purchase Order or other document. By placing any Purchase Order the Member acknowledges that any business conducted hereunder will be subject to these Terms and Conditions of Business.
Any variation of these Terms and Conditions and the Special Conditions if any will only bind FoxySales if agreed in writing between authorised representatives of FoxySales and the Member.
FoxySales’ employees are not authorised to make any representations concerning the Products unless confirmed by FoxySales in writing. In entering into any contract and in accepting delivery, the Member acknowledges that it does not rely on any representations concerning the Products that are not confirmed in this way.
Nothing in these Terms and Conditions shall operate to deny or limit any rights of or FoxySales's liability to any Member who is a consumer, which rights such Member has at law. In the event of conflict between the terms of the Purchase Order and any such rights, the latter shall prevail in favour of the Member being a buyer who does not purchase goods in the course of any kind of business.
2.7. Third party links
To provide increased value to our Members, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
3. Purchase of products
3.1. Purchase Orders
All Products are offered for sale subject to availability and subject to FoxySales's acceptance of the Purchase Order. Each Purchased Product is sold subject to its any additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
No Purchase Order shall be deemed accepted by FoxySales unless and until it is confirmed unconditionally by FoxySales in writing who reserves the right in its ultimate discretion whether to accept a Purchase Order from time to time from any Member.
Non-acceptance of a Purchase Order may be a result of one of the following:
1. The Product you ordered being unavailable from stock.
2. FoxySales’s inability to obtain authorisation for your payment.
3. The identification of a pricing or Product description error.
4. You not meeting the eligibility to Purchase Order criteria set out in the main Terms & Conditions.
Any literature published or submitted by FoxySales to the Member which contains any descriptions, specifications, drawings or prices of the Products is published or submitted for guidance only. FoxySales reserves the right to make minor modifications in the design and specification of the Products without notice to the Member, but agrees to notify the Member of any major or material modifications which the Member shall be deemed to have accepted unless notification to the contrary is received in writing by FoxySales within 7 days of delivery.
In the event that FoxySales accepts a Purchase Order from a Member and that for reasons beyond the control of FoxySales it is unable to supply the Products ordered to the Member then the Member agrees to accept the repayment of the amount paid to FoxySales in full and final settlement of all and any claims it may have as against FoxySales for non-delivery.
3.2. Purchase Order management
You will be guided through the process of placing a Purchase Order by a series of simple instructions on the Website.
The sale agreement between the Member and FoxySales will only become final once the Purchase Order has been confirmed and the corresponding payment has been made.
FoxySales will send to you a Purchase Order acknowledgement email detailing the Products you have ordered.
FoxySales will take all reasonable care, in so far as it is in its power to do so, to keep the details of your Purchase Order and payment secure, but in the absence of negligence on its part it cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
3.3. Price and Payment
The Member will pay the Price including GST chargeable on the sale of the Products.
The retail price indicated on the Website is that which has been provided to FoxySales by its supplier. FoxySales cannot confirm the price of a Product until your Purchase Order is accepted in accordance with its Purchase Order acceptance policy
Members will be informed of the shipping costs for their Purchase Orders (if any) prior to final confirmation.
3.4.1. The Products will be sent to the delivery address that the Member gives during the Purchase Order process.
3.4.2. Any dates quoted for delivery of the Products are indicative only. FoxySales will not be liable for any loss or expenses sustained by the Member arising from any delay in the delivery of the Products howsoever caused.
3.4.3. In the event that delivery is not made possible due to the fact that there is nobody present at the relevant address at the time of delivery, a notice of attempted delivery shall be put into the letterbox and A second attempt of delivery will be made. If the second attempt at delivery fails, the Member would be obliged to contact the courier to agree upon a pick up date and location. Upon the expiry of ten days after the first failed delivery have elapsed, the Products will be sent back to FoxySales in the event that the Member fails, neglects and/or refuses to contact the courier. Upon receipt of the returned Products, ehe Member Relations department will then contact the Member with regards to a possible reshipment at the Member’s cost and, if is not possible to contact the Member within a reasonable period of time, FoxySales will refund him or her and shall not be liable to the Member with regards to the relevant sale any further.
3.5.1. The Member must inspect the Products on delivery and, in the case where Products have been delivered by courier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence of receipt of the quantity of Products indicated on that document.
The Member shall have the right to cancel any Purchase Order on the basis of a significant defect of the Product, provided that a notice of defect is sent to FoxySales not later than 7 days from the receipt of the relevant Product and provided that the fault or defect is not minor or trivial. The notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, FoxySales may, in its sole discretion, replace the Purchased Products (or the part in question) or refund to the Member the price paid to FoxySales for the Products (or an appropriate proportion of the price paid to FoxySales for the Products). FoxySales will have no further liability to the Member in respect of the matters referred to in this Condition.
3.5.2. The Member may not reject the Products or any part of them solely on the grounds of short delivery of an instalment.
3.5.3. The Member has 7 working days after the original shipping date to change his/her mind and to return a Purchased Product. When the Member wishes to use his/her cancellation right, the Purchased Product must be physically returned to FoxySales and the Member is liable for any cost and risks involved in returning the Product. The Member will receive a refund within thirty (30) days from FoxySales reception of the application to exercise the right to cancel made by the Member. The return of Purchased Product(s) will lead to refund of the price of the Purchased Product(s) including any delivery costs. All items of Products which are returned by the Member to FoxySales must be returned with their original, undamaged packaging and must be in an unused condition (except only in the case of Products which have been discovered to be faulty upon use) failing which FoxySales reserves the right to refuse either all or some of the refund which would otherwise be due in respect of such returned Products.
3.5.4. Except in the case of faulty/defective returns, the cost of returning Products shall be borne by the Member. Faulty Products need to be returned to the standard returns address for a full refund to be possible. The Member shall be obliged to ensure that there is a copy of the postal cost receipt returned with the faulty item(s) so as to enable FoxySales to reimburse this amount as well. For the avoidance of doubt FoxysSales will not accept full courier charges, regardless of whether the Member elects to use a courier or not.
3.5.5. Notwithstanding the aforesaid and except in the case of faulty/defective Products, Members shall not be entitled to return Products made to the Membes’ specification, perishable goods (such as, but not limited to, food, beverages, and cosmetics), books, CDs and DVDs, leisure and travel items (such as but not limited to trips, hotel stays flights, spas and tickets for theatres), software, installed or assembled Products, Products, which cannot be returned for hygiene reasons (such as, but not limited to, toiletries, cosmetics, lingerie, swimwear, earrings and any duvet or pillow) and all electronic Products, whose packaging has been opened.
3.6. Risk and Property
Risk of damage to or loss of the Purchased Products will be transferred from FoxySales to the Member upon delivery at the agreed address.
FoxySales will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Purchase Order by reason of any event or circumstance outside the reasonable control of FoxySales, including but not limited to any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Nothing in this Condition shall limit or exclude any liability of FoxySales for death or personal injury caused by FoxySales's negligence. Except as provided in this Condition, FoxySales will not be liable to the Member for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Products or their use or resale by the Member.
5.1. Intellectual property and right to use
5ou acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website are FoxySales and third parties property. You are permitted to use this material only as expressly authorised by FoxySales or relevant third parties.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
5.2. Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
5.3. Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Purchase Order cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
5.4. Entire agreement
5.4.1. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
5.4.2. No waiver by FoxySales shall be construed as a waiver of any proceeding or succeeding breach of any provision.
5.4.3. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
5.4.4. These Conditions govern FoxySales relationship with you. Any changes to these Conditions can be implemented without prior notice. In this way, any problems surrounding what FoxySales and you are expected to do can be avoided. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude FoxySales liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
These Terms and Conditions are governed by and to be interpreted in accordance with the laws of Singapore and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the Singapore courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.