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glitsyTM Terms of Sale
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1. Introduction

1.1 These Terms of Sale set forth the terms and conditions that apply to the purchase of products (the “Products”) from COZMIC Group Pte Ltd (hereafter our “Company”, “we”, “us” or “our”) via the glitsyTM mobile application and/or the glitsyTM website located at https://shop.glitsy.com (hereafter referred to as our “Services”).

1.2 We request that you read these Terms of Sale before purchasing any Products via our Services. By accessing or using our Services to make on-line purchases of Products, you agree to be legally bound by and accept the terms and conditions contained herein, and you warrant that you are of legal age to enter into and be bound by contracts under the applicable law(s). These Terms of Sale contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Your use of our Services is also governed by our Terms of Use, Privacy Policy and any relevant guidelines which may be in force as at the relevant time. You acknowledge that you have read all of them and agree to be bound by and accept the terms and conditions set forth therein. If you do not accept or agree to be bound by these Terms of Sale, or our Terms of Use and our Privacy Policy, please do not access or use our Services.

1.3 The terms “you” and “your” refer to the purchaser of Products or anyone who intends to purchase Products via our Services and is an authorised user of our Services.

2. Eligibility

2.1 To be able to make purchases through our Services, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated.

2.2 You agree and undertake that you shall not create multiple user accounts or attempt to participate in the events or rewards program by using multiple identities or authorise or encourage any third party to do any of the foregoing.

3. Formalising the Contract

3.1 The information set out in these Terms of Sale and the details contained on our Services do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

3.2 To place an order, you must follow the online purchasing procedure specified on our Services and click on the “checkout” button to submit the order. After doing so, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to purchase one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been dispatched (the “Shipping Confirmation”).

3.3 The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in any other Shipping Confirmation(s).

3.4 These Terms of Sale, our Terms of Use, Privacy Policy and any relevant guidelines form a part of the Contract. In the event of any inconsistency between the provisions of these Terms of Sale and those of our Terms of Use, Privacy Policy and any relevant guidelines, the provisions of these Terms of Sale shall prevail.

3.5 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

3.6 The Products, including any samples, are for your personal and non-commercial use only. You may not sell or resell any Products which you purchase or otherwise receive from us.

3.7 You shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products

4. Price and Payment

4.1 Prices shown on our Services are in U.S. dollars and are inclusive of the relevant consumption taxes, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices, shipping or delivery fees are subject to change effective immediately upon posting of such revised price or fee to our Services or through any other form of notification.

4.2 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

4.3 You may use, as payment method, any of our payment partners listed on our Services. You also may pay all or part of the price of your order using e-gift cards, wallet credits or promotional vouchers (if applicable). You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be made in U.S. dollars.

4.4 All payments are subject to the terms and conditions of the relevant payment processor which you should review. We do not control the payment process or the terms and conditions of the payment processors.

4.5 You agree to pay all charges at the prices then applicable for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

4.6 We reserve the right to refuse any order placed through our Services. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

4.7 If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the order or to suspend delivery of the Products until payment is made in full.

5. Product Availability and Descriptions

5.1 All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason.

5.2 We make every effort to display as accurately as possible the colours, features, specifications, and details of the Products available on our Services. However, we do not guarantee that the colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product.

5.3 Where any of the Product has any additional terms and conditions, including any product warranty, such additional terms and conditions will be stated in the product description on our Services. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in any such additional terms and conditions are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise.

6. Title and Risk

6.1 Risk of damage to or loss of the Products shall pass to you at the time when we have sent out the Shipping Confirmation for the relevant Products to you.

6.2 Notwithstanding the passing of risk in the Products or any other terms in these Terms of Sale, the property in the products shall not pass to you until our Company has received in cash or cleared funds payment in full of the price of the Products.

7. Order Delivery and Cancellation

7.1 We will process orders for delivery in territories specified on our Services. We reserve the right to change the territories any time at our sole discretion.

7.2 When making an order, you shall designate your preferred delivery option or if available, collection option. Where you have selected the delivery option, you shall designate the address for delivery of the Products.

7.3 Subject always to our Shipping Confirmation and to Clause 3.2,

7.3.1 Where the delivery option is selected:

a. We shall endeavour to deliver the Products to such place of delivery as may be designated by you. However, please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us and (i) to notify you of any additional shipping charges which may be applicable, (ii) to arrange for delivery to an alternative address or (iii) to arrange for cancellation of your order.

b. You shall bear and pay to us (i) the delivery and shipment charges; and (ii) the delivery, re-delivery, shipment, return, forwarding, re-shipment, administrative costs, tax, duties, storage and disposal charges and any other costs for any Product(s), which is/are rejected by you where such rejection is not made pursuant to an express right under these Terms of Sale, or where any delivery to you is unsuccessful for any reason not attributable to us.

7.3.2 Where the option is made available by our Company, and you opt for self-collection of the Products, you shall collect the Products at an address designated by us.

7.3.3 We are unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by you or the recipient of the Products.

7.3.4 There may be an administrative fee payable by you for any changes made to the delivery address for each order.

7.3.5 You are aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package, and we shall not be liable for any loss or damage thereby caused.

7.3.6 All custom declarations will be completed in English.

7.4 Any shipment, delivery or collection dates provided by us are estimates only and shall not form part of any contracts. We shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If your order has not been delivered within a reasonable time, you may contact us at:

COZMIC Group Pte Ltd

Address: 83 Clemenceau Avenue, #17-01 UE Square, Singapore 239920

Tel: +65 6208 5783
Email: support@glitsy.com
Operation Hours: 9:30 AM to 5:30 PM

7.5 An order may be cancelled by you prior to payment for the Products by you, provided always that:

7.5.1 You must contact our Company to request for cancellation;

7.5.2 We will endeavour to accommodate your request, if the order has not been processed; and

7.5.3 You shall pay any cancellation fees which may be imposed by us.

7.6 If an order has already been processed, no cancellation or refund will be permitted.

7.7 If you fail to take delivery of the Products (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then without prejudice to any other right or remedy available to us, we may terminate the order.

8. Returns and Refunds

8.1 You acknowledge and agree that any Products once purchased cannot be returned to us for refund unless they are faulty.

8.2 Refunds for faulty Products:

8.2.1 If you wish to return the Product for a refund which is (i) faulty or otherwise damaged when you receive it, which(ii) does not correspond to the description of the Product on our Services, or which (iii) is found to be defective after you had accepted the Product, you can do so within seven (7) days from receipt of the delivery by getting in touch with our customer services team and sending us supporting photographs of the faulty, damaged, defective or non-corresponding Product. Please remember to include details of why you consider that the Product is faulty, damaged, defective or non-corresponding when contacting our customer services team. If we examine the photographs of Product that you have sent to us and, in our reasonable opinion, do not consider that the Product is faulty, damaged, defective of non-corresponding, you will not be entitled to a refund.

8.2.2 Once we deem the Product eligible for refund, we may ask you to return the Product to us before we can process your refund. The Product must be returned in its original individual packaging where applicable (e.g. fragrance, shoe, CD, or accessory boxes, etc.). We may request you to include any other details, item code or such other information when returning the Product to us.

8.2.3 Upon the receipt of the Product and confirmation that it is faulty, damaged, defective or does not correspond to the description of the Product, we will refund to you the cost of the Product. Please note that original shipping and handling charges paid by you will not be refunded. We will usually credit the refund back to the original payment type, unless we have provided another option and you have expressly agreed otherwise. The refund will be made back to your original payment type within approximately fourteen (14) days from the date that we receive the Product, although it may take some time for the refund to show up on your payment statement. All cost associated with the refund process imposed by the processing bank and/or payment provider shall be borne by you.

8.3 We shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the you or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or any third party’s failure to follow Product instructions (whether oral or in writing), or any misuse, alteration or unauthorised repair of the Product.

8.4 We shall not be liable for any losses suffered by any third party directly or indirectly caused by any unauthorised use, repairs or alterations carried out without our prior written approval and you shall indemnify us against all losses arising out of such claims.

8.5 We shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable product warranty, if any.

9. Exclusion of Warranties and Limitation of Liability

Except as expressly provided for in these Terms of Sale, we, our affiliates, partners, suppliers and licensors (the “Protected Parties”) do not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to the life or wear of the Products, the Product’s suitability for any particular purpose or for use under specific conditions (whether or not such purpose or conditions were made known to us), uninterrupted or error free transactions, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade.

In no event will Protected Parties be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by our Protected Parties or otherwise related to these Terms of Sale or the transactions conducted on or from our Services, even if our Company or any of our lawful agents, contractors and employees have been advised of the possibility of such damages or claim.

In no case will the Protected Parties’ total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than the amount paid by you for the specific products ordered under these Terms of Sale and to which the claim relates. In no event will the Protected Parties be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, our contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents or subcontractors, or other events beyond the reasonable control of us.

10. Modification

We reserve the right to amend these Terms of Sale without prior written notice to you and at our absolute discretion from time to time. Please check these Terms of Sale regularly as the current Terms of Sale in force at the time of use and/or purchase on our Services shall be binding on you. Any use of our Services after such Terms of Sale have been modified and posted on our Services shall constitute your consent to such Terms of Sale. When you submit an order via our Services, you agree that you are subjected to these Terms of Sale as is in force at the date on which you submit your order.

11. Force Majeure

11.1 We shall not be liable to you for any non-compliance or delay in compliance with any of our obligations when caused by one or many event(s) that is/are beyond our reasonable control (the “Force Majeure Event”), including without limitation, (i) strikes, lock-outs or other industrial action; (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (iv) disruption to or closure of railways, shipping, aircraft, motor transport or other means of public or private transport; (v) disruption to or closure of public or private telecommunications networks; and (vi) the acts, decrees, legislation, regulations or restrictions of any government.

11.2 In the circumstance that the Force Majeure Event lasts for more than two weeks, we may cancel your affected order forthwith by written notice and without any liability other than a refund for the price of the Product which has been paid for by you and which is affected by the Force Majeure Event.

12. Miscellaneous

12.1 Governing Law and Jurisdiction. These Terms of Sale, and any dispute or claim, including non-contractual disputes or claims, arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Singapore. In relation to any legal action or proceedings arising out of or in connection with these Terms of Sale or its subject matter or formation, you hereby irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

12.2 Severability. If any part of these Terms of Sale is held to be invalid or unenforceable with respect to a party, the remainder, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms of Sale shall be valid and enforceable to the fullest extent permitted by law.

12.3 Waiver. Any failure by us to enforce any rights under these Terms of Sale shall not constitute a waiver or affect our ability to enforce such rights at any time thereafter.

12.4 Survival. Any termination or expiration of these Terms of Sales shall not affect the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination or expiration.

12.5 Assignment. You shall not assign your account or any of your rights or obligations herein and any attempted assignment in contravention of this provision shall be null and void and of no force or effect. Our rights and obligations can be assigned to others.

12.6 Entire Agreement. These Terms of Sale including the documents incorporated herein by reference constitute the entire agreement with respect to the purchase of our Product and supersede all prior or contemporaneous understandings regarding such subject matter.

12.7 Rights of Third Parties. A person or entity who is not a party to these Terms of Sale shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Sale.

12.8 Right to Subcontract. We shall be entitled to delegate and/or subcontract any rights or obligations under these Terms of Sale to third party service providers, subcontractors and/or agents.

12.9 Language. In the event that these Terms of Sale are translated to any language other than English, the English language version of these Terms of Sale shall govern and shall take precedence over the foreign language version.

Last Updated: 30 October 2019