Terms and Conditions of Use 

General
In these Terms and Conditions “we”, “us” and “MybabyGift” mean MyBabyGift Singapore, a domain held by Lula & Tuti Baby Designs Pte Ltd (Singapore Reg no. 201025095K) and “you” means you the customer.  “Website” means www.mybabygift.com.sg. Your order, together with these Terms and Conditions constitute the entire Contract between MyBabyGift and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email. No other Terms and Conditions will apply. 

Placing Your Order
You may place an Order by adding items to ‘My Cart’ on MyBabyGift website and then clicking the “Checkout” link and completing the checkout and payment process. Upon completion of your order, we will issue you with an Order Number and order confirmation via email. By placing and confirming your order, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Legal Capacity To Transact
You acknowledge that you are over the age of eighteen (18) years, by accepting these Terms and Conditions.  Should MyBabyGift suffer any loss or damages as a result of a transaction entered into by a minor, MyBabyGift reserves the right to seek compensation for such losses from the parents or guardians of the minor who placed any order with MyBabyGift.
Prices
All prices in our website exclude delivery costs. All hampers, products and delivery prices in our Website may be changed from time to time without prior notice. The determining price will be the price published in our website at the time of the order.
Disclaimer
You agree as a condition of use of our Website that we are not liable to you or anyone else for any loss or damage in connection with use of www.mybabygift.com.sg or any linked website. MyBabyGift makes no representations or warranties, as to the content or materials included in this site to the extent permissible by law.
Please note that MyBabyGift does not work for or represent the companies or products included in hampers. MyBabyGift reserves the right to alter the content of our website and hampers at any time. These terms and conditions do not affect your statutory rights.
Site content
Products included in the hampers by MyBabyGift have been clearly listed and accompanied by a colour photograph and displayed on our website. All other materials/props etc that maybe displayed in our photographs that are not listed as hamper contents are for display purposed only and are not included in the hampers.
Products
MyBabyGift does not represent nor is contractually obligated to any of the companies or products used in our hampers.  All products we supply in our hampers are commercially available to consumers.
All products in hampers supplied by MyBabyGift are to be used only in accordance with the manufacturer’s specifications and guidelines. If for any reason one of our hampers contains a faulty product, kindly inform us promptly and we will replace the product with an identical product or a similar one of the same quality and value.
For items advertised and sold with manufacturer’s warranty, we will contact the manufacturer or supplier in the first instance for replacement or repair under their warranty terms. Please contact MyBabyGift to discuss in detail any warranty concerns. MyBabyGift is not legally liable or responsible for any mishap that occurs with our product that is not branded under the MyBabyGift or Lula & Tuti Baby Designs name. All manufacturers of the branded products we supply are responsible for any issues, defects, or problems with the brand products eg. Take-a-Nap, Pepite pour Enfants, GAIA, LYG, MotherCare.
MyBabyGift has not conducted any official product compatibility checks with the health and safety laws of Singapore nor it has licensed the products sold on our websites with the health and safety authorities in Singapore. We therefore cannot guarantee that these products comply with the health and safety laws of Singapore. We will not have any further liability in respect of the products.
Substitutions
MyBabyGift strives to deliver to our valued customers the exact hampers as seen on our website. However, some of the products included in the Hampers we display on the Website may not be available at all times due to unforeseeable circumstances. If that occurs we will endeavor to ensure that you are provided with products of the same or better specification. We may not be unable to advise you when this occurs .In the event that the entire Hamper is not available in stock, MyBabyGift team will contact you to propose an alternate hamper.
Payment of Orders
Orders will not be dispatched until full payment has been received.  MyBabyGift only uses PayPal for all transactions for enhanced security and convenience.
By selecting the “Confirm Order” button you accept that you are instructing us to charge to your credit debit, debit card, or PayPal account, via PayPal, the amount due to us as shown in your electronic order form in the “TOTAL” field. By confirming your order you agree that; you have sufficient funds on your card to complete the purchase, your address details are correct, the delivery address is correct and that the card you are using belongs to you. PayPal provides a secure facility for your payment processing. MyBabyGift conducts all its debit and credit activity through PayPal and on PayPal’s infrastructure. As we are not responsible for the operation of this payment platform, we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via the link to PayPal. You acknowledge that it is not usually possible to detect from inspection of an internet transmission whether the original of it had been forged, wrongfully altered or otherwise misused or where the transmission details such as name of sender, sender’s e-mail address, or date and time of transmission imprinted on it automatically are genuine, and you therefore agree to indemnify us against any actions, proceedings, damages, costs, claims, demands or losses whatsoever arising from your so acting, obeying or otherwise dealing in accordance with any such Internet transmission appearing to have been so furnished by you or on your behalf in the event that the said Internet transmission has been produced by forgery, wrongful alteration or other misuse of the original transmission or that said transmission details appear on it are not genuine.
Returns Exchanges and Refunds
MyBabyGift is committed to our clients’ satisfaction. In the unfortunate event that you are unhappy or dissatisfied with your purchase please contact us and we will do everything possible to rectify the situation.  In the event that your hamper has been damaged through the delivery process please contact us within 7 days of receiving your hamper and we will organize to recall the damaged hamper and replace it with a replacement hamper.
If any unforeseeable reasons cause a delay in the re delivery of your hamper you will be notified as soon as possible and all measures will be made to rectify the issue.  Our returns policy does not apply to products that are deemed to have been damaged other than through the delivery process. A refund or exchange will be offered if the goods are deemed faulty.
A refund will not be offered if you simply change your mind so please be sure you are confident in your purchase.  However, MyBabyGift understands that each case is unique and therefore your dissatisfaction with the product will be assessed on an individual basis.  If for any reason you are dissatisfied or there is a problem with one of the products supplied, please
contact us and we will endeavor to rectify the problem directly with the manufacturer.
 *  Changing a product after emboidery was done / misspelt name
Upon receiving your order we will embroider your personalized items almost immediately. In any event of changes (misspelt of baby’s name, changing to another size etc) kindly let us know ASAP and $10 will be charged per item.
Cancellation Policy
Our hampers are personalized with delicate embroidery. If for any reason you need to cancel your order please contact us as soon as possible. In the event of order cancellation we may offer a full refund at our discretion, on the condition that your gift or hamper has not already been embroidered and/or dispatched. All refunds will be made within 7 business days to your PayPal account
A condition of any refund is that the product is returned in the same condition as dispatched. The customer agrees to deduct from the refunded amount all delivery and postage charges caused by customer-initiated cancellation. Embroidered items with baby’s name will not be refunded.
Delivery
We do our best to deliver your personalized hampers promptly in accordance with the delivery times stated in our Website We deliver our hampers and gifts on only business except for special circumstances which should be coordinated with our team. The delivery times in our Website may be changed from time to time with out prior notice and at our full discretion. MyBabyGift will strive to meet all reasonable delivery requests made by our valued customers, however, this may not always be possible due to unforeseeable circumstances.
We offer delivery service to hospitals on best effort basis. We provide a hospital address directory for our clients’ convenience and offer no warranty for the accuracy of the details. Clients are requested to verify the details of the hospital, including the exact ward and room in order to ensure successful delivery.
MyBabyGift offers no compensation in the event that our delivery has been delayed beyond the delivery times stated in the Website. We will, at our full discretion and on case-by-case basis, waive the delivery costs in the event that a delay hasn’t been justified or caused exceptional inconvenience.
Please enter all delivery details carefully. Inaccurate or misspelt delivery information is likely to result in delays or non-delivery. Any re-delivery fees incurred because of inaccurate delivery details will be charged to you.  If an order has not arrived by the expected delivery time, please contact us as soon as possible so we can track your order.
MyBabyGift does not accept liability for loss or theft in circumstances where a customer requests delivery to an unattended address. We strongly recommend that someone be available to accept delivery at the nominated delivery address or specific arrangements are made with us for any unusual delivery requirements.  All due care is taken in packaging your order for delivery, if your order is damaged from delivery please contact us as soon as possible so we can quickly rectify the issue for you.
International delivery – MyBabyGift is not responsible for any taxes, charges , fees or duties applicable by local customs. The customer or the receipient shall bear sole reponsibility to pay any additional taxes and duties in full in order to discharge the item from customs and shall make no claims against Lula & Tuti Baby Designs Pte. Ltd. or MyBabyGift  in this respect. Delays or additional taxes and duties applied by local customs shall not comprise a suffient cause to cancel your order. We highly recommend our customers to check with the recipient’s local customs office for additional taxes and duties before placing their orders. MyBabyGift shall not be held liable for any delays or addtional taxes and duties, which are beyond its control.
External Links
We cannot accept responsibility for the content of any other websites to which our website has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by the use of or reliance on any content, goods or services available on such hyperlinked sites. Our acceptance of links to other websites does not mean we endorse the material contained in those websites.
Complaints
If you have any complaints or comments about our web site or any of the MyBabyGift or contents supplied to you, please contact us by email or by phone on +65 98339818 (9am-7pm Monday to Friday).Copyright
This Website and its content, including but not limited to our brand name, pictures, products and texts, and our unique colour schemes, product wrapping, packaging and embroidery, are our copyright property and you are provided with access to it for your personal and non-commercial use only.  You may not adapt, reproduce, distribute, transmit, publish, copy in whole or in part nor create derivative works or otherwise commercialize any information, pictures, products or services from any part of this Website.

 

 

Updated TERMS AND CONDITIONS

LAST UPDATED: 25/5/2018

 

INTRODUCTION

 

The Terms and Conditions (“Terms”) describe how Lula & Tuti baby designs Pte Ltd (“Company,” “we,” and “our”) regulates your use of this website www.mybabygift.com.sg, www.mybabygift.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.

 

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

 

1.             PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

2.             YOUR ACCOUNT

[When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.]

3.             SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..

4.             THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites“).

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

5.             PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

6.             THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

7.             DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

8.             INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

9.             TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

10.          MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

11.          COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this  Terms or our practices in relation to your personal data, please contact us at: [INSERT CONTACT DETAILS FOR COMPANY’S INTERNAL COMPLAINTS MECHANISM]. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

12.          CONTACT INFORMATION

We welcome your comments or questions about this  Terms. You may contact us in writing at info@mybabygift.com.sg