Terms of Sale
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE AND ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THESE TERMS OF SALE AND TO PURCHASE AND USE THE PRODUCTS. “YOU” AND “YOUR” REFER TO THE PERSON PURCHASING A PRODUCT OR IF YOU PURCHASE A PRODUCT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDE YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS OF SALE, AND (III) YOU AGREE TO THESE TERMS OF SALE ON THE ENTITY’S BEHALF.
By placing an order for a product, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale. Our Terms of Use are hereby incorporated into these Terms of Sale by reference. If you do not accept these Terms of Sale, then you are not authorized to purchase Products from the Store.
We reserve the right to change these Terms of Sale at any time, so please review the Terms of Sale each time prior to making a purchase from the Store. Every time you order Products, the Terms of Sale in force at that time will apply between you and Vyvo SociaFi. In these Terms of Sale, any words following the term “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
While all of these Terms of Sale are important, you should pay particular attention to: (a) payment obligations (Section 5); (b) disclaimers (Section 8); and (c) limitation of liability (Section 10).
All Products offered on the Store are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice.
To the extent permitted under applicable laws, we make no representations, warranties or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the Store. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We use reasonable endeavors to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
Prices are stated in US dollars and all transactions will be in US dollars. You are responsible for any foreign exchange fees charged by your bank or the payment processor to facilitate a transaction in another currency.
Unless otherwise stated, all Prices and transactions are exclusive of all sales, use, and excise taxes, and any other similar taxes, customs, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes.
We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.
Purchases from the Store are intended for end users only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by vGeneration to the freight carrier. You are responsible for compliance with all customs and duties obligations related to your import of the Products.
As a consumer, you have certain rights under law and nothing in these Terms of Sale can, or is intended to, limit or remove these rights. We don’t exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so, including for faulty or misdescribed goods.
EXCEPT FOR THE LIMITED WARRANTIES LISTED BELOW, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE STORE, AND ALL PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE STORE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You use any and all Products at your own discretion and risk. You will be solely responsible for (and vgeneration disclaims) any and all loss, liability, or damages resulting from your use of a Product, including damage or loss to your Product, and any other peripherals, accessories, or apparel connected to the Product.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF THE AMOUNT PAID FOR A PARTICULAR PRODUCT, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In some jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms of Sale may not apply in whole or in part. We do not seek to exclude or limit our liability that cannot be excluded of restricted by applicable law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
You will not export or re-export, directly or indirectly, the Products or Services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.
You represent and warrant that you are not the subject or target of, and that you are not located in a country or territory (including without limitation, North Korea, Cuba, Iran, Syria, and Crimea) that is the subject or target of, economic sanctions of the United States, European Union or other applicable jurisdictions.
vGen Global Pte. Ltd.
531A UPPER CROSS STREET
#04-95 HONG LIM COMPLEX
Singapore 051531
Additional terms may apply to certain Products. In the event there is a conflict between these Terms of Sale and any additional terms, the additional terms will control.