Terms and Conditions

This page, together with the documents referred to on it, tells you the terms and conditions (these Terms and Conditions) on which we supply any of the products (each a Product) listed on our website www.binnybeverlyhills.com (hereinafter referred to as ‘the Site’) to you. Please read these terms and conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these Terms and Conditions for future reference.

BINNY BEVERLY HILLS is a brand of and solely distributed by M Media Ptd Ltd, a company incorporated and operating in Singapore.

These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

To place an order with BINNY BEVERLY HILLS you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).

These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.

When making an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.

If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.

You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.

We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).

A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact info@binnybeverlyhills.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.

Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
 

We warrant that:

a) the Product will be delivered undamaged in the quantities ordered; and

b) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.

 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.

Before delivery, we may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable.

We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.

In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:

a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and

b) you providing us with the delivery note number and such other information as we reasonably require.

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:

a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or

b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or

c) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or

d) deteriorated through normal wear and tear,

after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

You may use promotional vouchers and gift vouchers as payment for Products on the Site. Specific details for promotional vouchers are at clause 9.8 and for gift vouchers at clause 9.9.

To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.

We may email gift and promotional vouchers to you. Subject to clause 11.2, we accept no liability for errors in the email address of the voucher recipient.

If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.

We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.

Conditions for the redemption of promotional vouchers

a) From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.

b) Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.

c) The credit of a promotional voucher cannot be used to pay for products from third parties other than us.

d) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.

e) The credit of a promotional voucher does not accrue interest nor does it have a cash value.

f) If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.

Conditions for the redemption of gift vouchers

a) You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email.

b) Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through debit or credit card or Paypal.

d) The credit of a gift voucher does not accrue interest nor does it have a cash value.

e) An order for a gift voucher can be cancelled by contacting us on 1800 925-6720 at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.

f) If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.

g) You may use as many gift vouchers as you wish in paying for an Order, and gift vouchers may be used in conjunction with one promotional voucher per Order.
 

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or

b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

We place great value on our customer satisfaction. You may contact us at any time using the contact details given these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
 

Please see our Privacy Policy ,which forms part of these Terms and Conditions.

Circumstances beyond our control (force majeur clause)

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.

Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in the UK. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. 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 despatched or a delivery report received.

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.

We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singaporean Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.


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