Policies: Delivery Terms of Service
Welcome to the BrandsPass sports e-commerce website (the "Site", "website") and thank you for your use of our site.
Please read the following Delivery Terms of Service carefully before using this Site or opening a BrandsPass account ("Account") so that you are aware of your rights and obligations, its related websites, suppliers, affiliates, partners, vendors and subsidiaries (henceforth known individually and/ or collectively, "BrandsPass", "we", "us" or "our").
1.1 These Terms of Service govern your use of all the Services provided by BrandsPass, any new features added to or augmenting the Services are also subject to these Terms of Service.
2. Nature of Buyer-Vendor Relationship
2.1 The actual contract for sale is directly between Buyer and Vendor and BrandsPass is not a party to that or any other contract between Buyer and Vendor.
2.2 Brandspass accepts no obligations in connection to the sale or promise of a sale. The Buyer and Vendor are entirely responsible for the sales contract between them, the listing and provision of goods and/or services, the warranties covering the goods and services and their delivery to and from the Buyer.
2.3 BrandsPass cannot ensure that Vendors will complete a transaction and delivery and is not liable for the non-completion of the transaction and all direct or indirect consequent losses suffered by the Buyer as a result.
2.4 Should the Vendor fail to respond to your communications or fail to meet their obligations in the sale, delivery, refund or return of the item bought, or fail to meet its obligations in the Vendor’s terms of service, the Customer should first contact or email the Vendor to resolve the problem. Should the customer not be satisfied, the Buyer may contact BrandsPass and we will assist to resolve the problem.
2.5 Brandspass accepts no obligations in connection to the sale or promise of a sale. The Buyer and Seller are entirely responsible for the sales contract between them, the listing and provision of goods and/or services, the warranties covering the goods and services.
3.1 BrandsPass will inform the Vendor when BrandsPass receives Buyer’s payments for the Vendor’s goods and/or services. Unless otherwise agreed with BrandsPass, the Vendor will then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, website to view the stages of delivery etc. to the Buyer through the Site or tru an email to the Buyer’s email account.
3.2 The Vendor will often use a delviery service which also has its own terms, conditions, restrictions, limitations governing the final delivery and tracking of the delivery process. As such, the liabilities of BrandsPass and Vendor are limited when the purchased product is in possession of the delivery service provider.
3.3 All Vendors must use their best effort to ensure that Buyer receives the purchased items within the promised time frame. This may depend on wheather the Buyer has chosen expresss shipping which is faster, normal shipping or a slower than normal shipping time like Surface Shipping.
3.4 Users understand that the Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s).
3.5 In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that BrandsPass will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
4. Cross Border Transactions, Regulations, Taxes, Tarrifs, Charges and Other Costs
4.1 For Cross-Border Transactions, Buyers understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Vendor based outside of the Buyer’s own country, and the importation and exportation of such product is subject to local laws, regulations, taxes, tarrifs, charges and other associated costs. Users understand that there may be import and export restrictions, regulations, tariffs and taxes that apply to the designating country.
4.2 Users acknowledge that BrandsPass cannot provide any legal advice in this regard and agrees that BrandsPass shall not bear any risks or liabilities associated with the import and export of such products to their own country.
4.3 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and BrandsPass in such proportions as may be determined by BrandsPass and the Vendor.
5.1 The services are provided “As Is” without any warranties, claims or representations made by BrandsPass of any kind either expressed, implied or statutory with respect to the Services, including, without limitation, warranties of quality, performance, noninfringement, merchantability, or fitness for a particular purpose nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the forgoing and to the maximum extent permitted by applicable law, BrandsPass does not warrant that the services, this site or the functions contained herein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this site and /or the server that makes the same available are free of viruses, malware, clocks, timers, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful software codes, instructions, programs or components.
5.2 You acknowledge 3that the entire risk arising out of the use or performance of the site and/or the services remains with you to the to the maximum extent permitted by applicable law.
5.3 BrandsPass has no control over and, to the maximum extent permitted by applicable law, does not guarantee or accept any responsibility for:
a) the fitness for purpose, existence, quality, safety or legality of items available via the services in BrandsPass's
b) The ability of Sellers to sell items or buyers to pay for times. If there is a dispute involving one or more users, such users agree to resolve such dispute between themselves directly and, to the maximum extent permitted by applicable law, release BrandsPass and its affiliates from all claims, demands and damages arising out of or in connection to any such dispute.
6. Exclusions & Limitations of Liability
6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BrandsPass BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL OR POSITIVE IMAGE OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF BrandsPass HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
6.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, BrandsPass IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
6.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY BrandsPass’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF BrandsPass THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
Should you disagree with the Delivery Terms of Service, you may choose not to use the website or any of its services or make any purchases. If you have any concerns, comments or questions, please contact BrandsPass.