HALARA TERMS AND CONDITIONS
TERMS & CONDITIONS
Last update: 3 August, 2023
A. 1. SCOPE.
If you reside in one country but order products to be shipped to another country, you may be redirected to the local website of the country where the products are being shipped.
A. 2. DEFINITIONS.
The terms "Company", "we", "us" or "our" are used to describe your contractor, Full Speed Full Scale Pte Ltd, with offices at 71 UBI ROAD 1, #08-34, OXLEY BIZHUB, SINGAPORE 408732, as the owner of the Website, Apps and social media accounts and provider of the Services.
The "Services" include all services available through this website at thehalara.co.uk (the "Website"), our mobile applications (the "Apps"), our accounts and fan pages on social media platforms (the "Social Media Accounts"), any other written, electronic and oral communication with the Company and its affiliates, and any other websites, pages, features or content owned and operated by the Company or any Affiliate that are linked to this Policy.
"Force Majeure" means events that are beyond our reasonable control.
A. 3. AGE REQUIREMENTS AND ACCEPTANCE.
(1) In order to use our services, you must be at least 18 years old.
A. 4. UPDATES.
(2) Minor changes that do not affect your rights and do not constitute an unreasonable disadvantage to you may be made at any time with or without notice to you and will be effective upon posting.
(3) Significant changes may occur in particular in the event of changes in the law, changes in case law or changes in customary law or economic circumstances. If you have a user account on the Website, we will (i) notify you of any intended material changes by e-mail to the e-mail address specified in your user account at least four weeks before the effective date of the changes and inform you in this e-mail of your right to object, the form and time requirements for the objection and the consequences if you do not object to the changes, and (ii) by posting the amended Terms on the Website and the App. Additional notice may, in our sole discretion, include notification of another means. You are responsible for keeping the email address you provide up to date. We are not responsible for any outdated or incorrect information provided by you.
If you object to such intended changes within the deadline and in the required form, we are entitled to terminate the agreement with you. If you do not object to the changes within a period of six weeks after receipt of the e-mail in text form, the changes shall be deemed to have been accepted by you.
A. 5. EVENTS BEYOND OUR CONTROL.
Strike, lockout or other forms of protest.
Civil unrest, riot, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
Inability to use trains, ships, planes, motorized transport or any other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of governments or authorities.
Strike, breakdown or accident in sea or river transport, postal transport or any other type of transport.
A. 6. LIMITATION OF LIABILITY
(1) Unless specific warranties are expressly given when you purchase Products from us, we do not give any warranties or guarantees in respect of such Products over and above those implied by applicable law (these include, for example, that the products are of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied).
(2) We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under these Terms or other contracts when caused by events that are beyond our reasonable control.
(3) We will not be liable for loss of revenues, profits, contracts, business or anticipated savings or any other indirect losses suffered or incurred by you arising out of or in connection with the provisions of any matter under these Terms.
(4) Subject to the above, any liability we shall be liable for losses you suffer from the purchase of Products is limited to the purchase price and the losses that were foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
(5) Except for liability related to the sale of the Products, we cannot be held responsible for any direct or indirect damage, whatever the cause, origin, nature or consequence, resulting from the use of the Site. In particular, in the event of interruption or inaccessibility of the Site, occurrence of viruses or errors, inaccuracies in the information contained on the Site or any damage resulting from fraudulent acts of third parties from the Site.
(6) Our Site may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for and do not endorse or verify the content, privacy policies or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness or timeliness of any content posted on the Site by anyone other than us.
(7) The limitations of liability shall also apply in favor of the Company's legal representatives, employees and vicarious agents if claims are asserted directly against the Company.
(8) Applicable mandatory statutory provisions remain unaffected by the limitations of liability.
A. 7. ASSIGNMENT.
You may not assign or transfer the Agreement (or your rights or obligations under the Agreement) without our prior written consent. Any attempted assignment or transfer without observance of the foregoing shall be void. We may freely assign or transfer the Agreement. The Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors and assigns.
A. 8. ENTIRE AGREEMENT; NO WAIVER.
(2) Any terms and conditions that you include in an order, order confirmation or other document are expressly excluded.
A. 9. INDEMNIFICATION.
A. 10. APPLICABLE LEGISLATION AND DISPUTE RESOLUTION.
These Terms shall be governed by and construed in accordance with the laws of Singapore. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof, or any dispute relating to non-contractual obligations arising out of or relating to this Agreement, shall be settled by arbitration, administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules in effect at the time the Arbitration Notice is filed. The seat of the arbitration shall be Singapore.
A. 11. ONLINE DISPUTE RESOLUTION PLATFORM.
The United Kingdom provides for an online dispute resolution platform, which you can access here: Online Dispute Resolution (ODR) (adrgroup.co.uk) . We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
A. 12. COPYRIGHT INFRINGEMENT.
Just as we ask others to respect our intellectual property rights, we also respect the intellectual property rights of others. If you believe that any material on the Sites or to which the Company is linked infringes your copyright, you are encouraged to send an e-mail to Legal@halara.com .
A. 13. BUSINESS TRANSFERS.
A. 14. CONTACT.
B. 1. REPRESENTATIONS.
(1) By using our services, you consent to the processing of the information and data and assure that all information and details provided are truthful and correct.
(2) You represent and warrant that you are at least 18 years of age or are attending the Services under the supervision of a parent or guardian.
(3) Subject to the Terms, the Company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them in your internet browser, for our website, or on your mobile devices, for our apps, for the sole purpose of shopping for personal items sold on the website or apps, and not for any commercial use or any use on behalf of any third party, unless expressly authorized by us in advance.
(4) Any breach of this Agreement will result in the immediate revocation of the license granted in this Section without notice to you and with the consequences set forth in Section B.5.
B. 2. RESTRICTIONS ON USE.
(1) Except as in Section B.1. As permitted above, you may not reproduce, distribute, display, sell, rent, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit the Services or any part thereof unless expressly authorized by us in writing.
(2) You are not permitted to make commercial use of the information provided on the Services or to use the Services for the benefit of another company, unless we have expressly permitted this in advance.
(3) We reserve the right, at our sole discretion, to refuse services, terminate accounts and/or cancel orders, in particular and without limitation, if we believe that your conduct or the conduct of another customer violates applicable law or harms our interests.
(4) You may not upload, distribute, or otherwise publish any content, information, or other material on the Services that: (a) infringes any copyright, patent, trademark, service mark, trade secret, other proprietary right, or any person's own image rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to civil or criminal liability under local or international law; (c) contains the image of other persons without their express consent for the entire time it is posted on the Services, (d) contains images of children under the age of 18, whether you are a parent or guardian of such child, or (e) contains bugs, logic bombs, viruses, worms, trapdoors, Trojan horses, or other code, materials, or properties; that are malicious or technologically harmful.
(5) In addition, you agree not to do any of the following:
use the Services for any unlawful purpose or any purpose that may violate any applicable law or regulation;
engage in conduct that restricts or inhibits any other person's use or enjoyment of the Services, or that, in our opinion, could harm or expose us or any other person using the Services to liability;
use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party's use of the Services;
use any robot, spider, or other automated device, process, or means to access the Service for any purpose;
use the Services to disseminate unsolicited advertising or commercial content, or to target other persons using the Services for commercial purposes;
Otherwise attempt to interfere with the proper working of the Service.
(6) You warrant and represent that you will not do, have done, or will not allow others to do anything that violates the above obligations.
B. 3. RESTRICTION OF ACCESS AND TERMINATION.
(1) From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages.
(2) We may terminate your access to the Services at any time in our sole discretion without cause or notice, or if we believe that you have breached these Terms.
B. 4. INTELLECTUAL PROPERTY AND OWNERSHIP.
(1) Content: The Services, including all of their information and content, such as text, software, scripts, graphics, photographs, sounds, music, videos, and interactive features (collectively, "Content") provided as part of the Services, belong at all times to the Company or to those who grant us the respective license to use them. You may not use the Content, or any part thereof, without our express permission or that of the Licensor.
(2) Halara Marks: The "Halara" Trademark and other trademarks, service marks, icons, graphics, word marks, designs, and logos used and displayed on the Services (collectively, the "Halara Marks") are owned by us. The Halara trademarks are trademarks in the European countries and other countries for which applications are pending or registrations have been made. You have and will not acquire any right, title or interest in and to the Halara Marks. The Halara Marks, whether or not appearing on a product offered for sale on the Site or Apps or as a logo or text on any part of a Service, do not represent any representation that the Company is the owner or licensee of any copyright or other intellectual property rights in the products offered for sale on the Site or Apps. We source some of our products from third-party vendors and wholesalers. All other trademarks, service marks, icons, graphics, word marks, designs, and logos contained on or made available through the Site or Apps are trademarks or trade dress of their respective vendors, and you have no right, title, or interest in any such trademarks, and will not acquire any right in any such trademark.
(3) Rights reserved. Content that is part of the Services is provided to you "as is" and for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited without the prior written consent of the Company or the respective owners or licensors. We reserve all rights to and to the content that are not expressly granted. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services you provide to us are non-confidential and will become the sole property of the Company as further described in Section B. 7. REVIEWS, COMMENTS AND SUBMISSIONS below.
You agree not to engage in the use, reproduction or distribution of derivative works of content or create derivative works not expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict the use or copying of any Content, or to enforce any restrictions on the use of the Site or the content contained therein.
B. 5. THIRD-PARTY LINKS AND RESOURCES.
Our website and apps may contain links to third-party websites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or review the content, privacy policies, or practices of any third party web sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly encourage you to read all third-party terms and conditions and privacy policies.
B. 6. TEXT MESSAGING PROGRAM.
(1) Registration. When you sign up for our text messaging (SMS) program, you will be asked to explicitly consent – as evidenced by providing your mobile phone number, one or more predetermined keywords, or an SMS/MMS or other affirmative text message response as your signature – that you agree to receive recurring automated marketing messages when such messages are sent by us or our vendors to the The mobile phone number provided to you during registration can be sent. Such consent is not a condition of using our Services and may be withdrawn at any time by using the opt-out mechanism specified in subsection B 8(2) or by contacting us by other means.
(2) Opt-out. You can opt out of receiving SMS/MMS text messages by replying STOP to any message you receive in our text messaging program or simply sending an SMS with the text STOP to the number from which you are currently receiving our text messages. In any case, you will receive an additional message confirming that your application has been processed.
(3) Your own mobile phone plan. As always, message and data rates may apply to all messages sent to and from you. If you have any questions about your text or data plan, it's best to contact your carrier.
(4) Your obligations for your own phone number. You represent that you are the account holder or the usual user for the mobile phone number you provide when you sign up for our SMS program. If you change or deactivate this number, you are obliged to inform us immediately. Neither we, nor our providers, nor any mobile operator are liable for delayed or undelivered messages. You agree to fully indemnify us for all claims, expenses and damages related to or caused, in whole or in part, by your failure to notify us if you change your phone number.
(5) Participation subject to termination or modification. We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages may also be terminated if your mobile phone service is cancelled or expires. We reserve the right to modify or discontinue, temporarily or permanently, these messages, in whole or in part, with or without prior notice.
B. 7. REVIEWS, COMMENTS, AND SUBMISSIONS.
(1) Except as otherwise provided elsewhere in this Agreement or on the Services, anything you transmit or post to the Services and/or make available to the Site or Apps or to us, including, but not limited to, images, videos, ideas, know-how, techniques, questions, reviews, feedback, comments, reactions, and suggestions (collectively, "Submission(s)"), will be treated as non-confidential and non-proprietary.
(2) By providing, submitting, or posting a Submission, you agree to irrevocably license the Submission and all associated IP rights to the Company, and we are granted a royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, distribute, display, publish, present, perform, display the Submission, perform, sell, rent, transfer, transform, adapt, edit, abridge, delete, translate, arrange or otherwise modify the newly created products and use and exploit the newly created products in the same manner as the original submission and make such submission available to the public in any media without obligation to do so. All Submissions will automatically become the sole and exclusive property of us and will not be returned to you, and you agree not to raise any dispute in connection with any future use of the Submission by us.
(3) You waive your potential author's personal or moral rights with respect to the Submissions to the extent they may interfere with the Company's undisturbed use of the Submissions, and you agree not to waive these rights to the Company or to any of its successors, assigns, successors, (sub)licensees, or other third parties lawfully exploiting the Submissions. Exercise. In particular, you agree that your submissions may be changed to an extent customary in the industry. Your right to prohibit Submissions, other impairments or uses that are likely to jeopardize your legitimate intellectual and personal interests in the Submissions remains unaffected.
(4) You warrant that your Submissions, in whole or in part, are free from infringement of IP rights, disputes or claims by third parties. We assume no liability for the misuse of copyrights or other rights of third parties by you. You agree to defend and indemnify the Company for any losses caused by the use of the Entries for any purpose.
(5) In addition to the rights applicable to each Submission, if you post comments or reviews on the Site or Apps, you also grant us the right to use the name you submit with a rating, comment, or other content, as applicable, in connection with such review, comment, or other content.
(6) You represent and warrant that you own or otherwise control all of the rights to your Submissions and that our use of your Submission will not infringe or violate the rights of any third party.
(7) You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We have the right, but not the obligation, to delete, remove, or edit any Submissions (including comments or reviews) for any reason.
(8) Please note that it is prohibited to post images of persons under the age of 16, regardless of whether you are the legal guardian, to our Services or to provide us with images of others without their express consent.
B. 8. PRICE AND PAYMENT.
(1) All prices include applicable VAT and all other taxes (if applicable). All prices do not include shipping costs. Shipping costs are always available via the "Shipping Info" link on the website or apps. They are also specified individually for your order within the checkout process. The total cost of the order is made up of the price of the ordered products and the shipping costs.
(2) Shipping costs may vary but this shall not affect the orders confirmed by us.
B. 9 ORDER PROCESS.
(1) Our presentation of products via the website or the app represents a non-binding offer. Once you have selected an item you want to purchase, it will be added to your shopping cart ("shopping cart"). To process the order and make the payment, you must follow the steps of the purchase process, providing or verifying the information requested in each step. In addition, throughout the purchase process, before payment, you can change the details of your order, and you may be asked to log in to your account or register with us, enter a shipping address, select a payment method and a shipping option. A detailed description of the purchase process can be found on the "Order Process" page. If your order triggers a fraud alert in our security system, a confirmation email may be sent to your email address.
(2) You can use the payment methods indicated on the local website, which may include Visa, Mastercard, JCB, Diners' Club, PayPal, Klarna, Afterpay, Discover, Diners Club and online banking, etc. Depending on the method chosen, you will enter additional data and, if necessary, you will be directed to the payment provider's website to identify yourself as an authorized user before you can place your order. You can also use your wallet balance, as explained in our Terms of Service. When you click on "Authorize payment", you confirm that you are the authorized user of the payment method and, if applicable, that it is your credit card. If the payment provider, such as the credit card issuer, does not authorise the payment, we will not be liable for any delay or non-delivery and will not be able to enter into a contract with you.
(3) When you have completed the checkout process, you can place an order by clicking on the "Buy Now" button and thus submit an offer to us to purchase (all) products in your shopping cart (your "Order"). To minimize the risk of unauthorized access, your credit card details are encrypted. Once we receive your order, we will request pre-approval on your card to ensure there are enough funds to complete the transaction.
(4) We will then process your order and send you a message to the email address you provided at checkout confirming receipt of your order and containing the details of your order ("Order Confirmation"). The order confirmation and/or the charge to your credit card or other payment method is the confirmation that we have received your order.
(5) Our acceptance of your order and the conclusion of the contract between us will take place when we dispatch the product(s) to you. Your card will be charged at the time of ordering, unless you have chosen a "Pay Later" service (which is only available in certain countries), in which case your card will be charged at the time of delivery. If you choose online banking, your order will include the direct debit mandate to debit your account.
B. 10 ERRORS.
(2) If you notice an error in your order after completing the payment process, you should contact our customer service immediately to correct the error.
(3) Although we make every effort to provide accurate product and pricing information, pricing or typographical errors may occur. We can only confirm the price of an item after you place your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we have the right, in our sole discretion, to refuse or cancel any orders for that item. If an item is incorrectly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of the cancellation.
B. 11. DUTIES, COSTS AND ADDITIONAL COSTS.
Customers are responsible for any duties, taxes, or additional costs levied on the products at the time of importation, and for paying those costs
B. 12. ACCURATE DATA
In accordance with customs regulations, you must provide valid and accurate data. All recipient names, addresses, and payer names should be valid. Certain countries require the recipient to present their ID or passport for the release of the package or for payment verification purposes. It is your sole responsibility to ensure that the data you provide to us is complete and accurate. Should any information be missing or incorrect and prevent shipment or delivery or customs clearance, we are not responsible and will not offer any compensation in such cases. You hereby authorize the Company and its affiliates to make, amend and invalidate all declarations and documents necessary or useful for the importation of the goods ordered by you on your behalf and for your account. This power of attorney includes the power to make and receive deliveries and deliveries, to demand the refund of duties, taxes and fees related to the importation of goods, to conduct administrative appeal procedures and judicial proceedings, as well as enforcement proceedings and appeals in all instances, applications, complaints, etc. to submit to public authorities, courts and other institutions, to file, withdraw and/or waive appeals and appeals against judgments, orders, arbitral awards, orders for payment or other orders and decisions of any kind, to receive funds, valuables and deeds and/or documents. It also includes the right to appoint customs brokers on your behalf and on your behalf and to grant sub-powers to customs brokers and/or other agents involved in handling matters relating to the importation of goods and compliance with regulations governing the importation of goods. As an importer, you are responsible for complying with all laws and regulations in your country.
B. 13. COLORS.
We have made every effort to display as accurately as possible the colors of our products that appear on the website and apps. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor will display every color correctly.
B. 14. PACKAGING.
Unless otherwise stated, we will only comply with the minimum packaging standards for the chosen mode of transport. The costs for any special packaging, loading or bracing you require shall be borne by you.
B. 15. SHIPPING AND DELIVERY.
We ship from different warehouses in different countries. For orders with more than one item, we may, at our discretion, split your order into multiple packages, depending on stock levels. We strive to deliver orders as quickly as possible. However, during periods of high demand, delivery can sometimes take longer. The estimated delivery time is within 15 days, but for deliveries from countries other than European countries, it may be longer, depending on what was indicated during the ordering process. If you have not received your delivery within 15 working days, please contact our email@example.com
B. 16. OWNERSHIP AND RISK OF LOSS.
Unless otherwise agreed, the shipment will be made to the delivery address specified by you. Ownership and risk of damage to or loss of products passes to you when your order is handed over to the international carrier for delivery to your country. We recommend that you take out the shipping guarantee (insurance) if it is available on the website to ensure that you are compensated in the event that your order is lost or damaged during shipping.
B.17. WARRANTY AND RETURN OF PRODUCTS.
(1) If you are a consumer residing in United Kingdom, you may have statutory warranty rights. Notwithstanding such statutory warranty rights or your possible right of withdrawal in accordance with Section B.11, items with quality problems may be exchanged in accordance with this provision ("Voluntary Right of Return"). You can return your order up to 14 days after receiving the package by contacting us via firstname.lastname@example.org . Depending on your wishes, we will exchange the product or refund the purchase price. As to the shipping costs incurred by the return, please check our website for updates. The refund will be made to the original payment method. The following items cannot be returned or exchanged in accordance with our voluntary return policy: bodysuits, lingerie and sleepwear, swimwear, jewellery and accessories (except scarves, bags and mermaid blankets). (2) In order to exercise your statutory warranty rights or to make use of our voluntary return policy, you must inform us by contacting our customer service by sending an email to email@example.com
B. 18. RIGHT OF WITHDRAWAL.
In addition to your right under our voluntary return policy, as a consumer residing in a European country, you have the following statutory right of withdrawal.
The statutory right of revocation does not exist or expires in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene (e.g. bodysuits, lingerie and nightwear, swimwear) and that have been unsealed after delivery.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period ends after 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us via our customer service, firstname.lastname@example.org . inform by an unequivocal statement of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs but excluding the customs duties or taxes incurred, as well as the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us without delay and in any case no later than 14 days from the day, on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the products to us immediately and in any case no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you return the goods before the expiry of the period of 14 days. You are responsible for the cost of returning the products.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.