Terms of Service 

 

 

1. Scope

 

These terms and conditions (“Terms and Conditions”) set out the legal terms that apply to your use of our website https://www.looqal.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, “Websites” and “Website” being a reference to any one of them) and the services that we provide (“Services”).

 

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. In order to use the Services you must be over 18 years of age. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions. Please note that LOOQAL may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.

 

2. About Us

 

LOOQAL is LOOQAL Pte. Ltd., the  owner and operator of the Website. LOOQAL is a company registered in Singapore and our registered office is at 101 Cecil Street, 13-10, Singapore 069533. Our registered company number is 202014662W. 

 

LOOQAL provides the Services to you through the Website. Further details of the Services LOOQAL provides are set out in section 3 below. When you purchase products using the Website, you are purchasing them from the third party retailers (“Merchant(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Merchant. LOOQAL is acting as an agent on behalf of the Merchants, which are the principals. You are not purchasing the products from us. LOOQAL is authorised by the relevant Merchants to conclude the contract on their behalf but LOOQAL is not a party to that contract. Further details about the products, the Merchants and the contract between you and the Merchants in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

 

3. Our Services

 

The Services LOOQAL offers allows you to search through the Website and purchase products from a large number of Merchant shops and brands worldwide. As part of the Services, LOOQAL also provides some ancillary services such as facilitating delivery of the products, providing you with customer service assistance and payment processing without charge. However, as stated above, the contract for the purchase of the products is between you and the relevant Merchant. This means that it is the Merchant who is legally responsible for selling the products to you.

 

Do note that logistics service is being provided by third party shipping solution providers and its partners. As such you are entering into a contract for delivery services provided by them. Charges for these services will be shown at checkout and prior to your purchase of the products. 

 

4. Our Liability to You in Relation to the Services

 

In providing the Services to you, we exercise reasonable care to ensure the information published on the Website is correct. LOOQAL makes no representations, warranties or guarantees, whether express or implied as to the operation of the Services. You expressly agree that your use of the Services is at your sole risk. To the extent permissible by law LOOQAL disclaims all warranties, express or implied including but not limited to implied warranties or merchantability and fitness for purpose. LOOQAL will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services: Please note that LOOQAL only provides the Services for domestic and private use and, as such, LOOQAL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

5. The Products

 

LOOQAL attempts to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to LOOQAL by the Merchants (who remain responsible for them), LOOQAL cannot guarantee that all details are always accurate, complete or error free. Please contact our Merchants if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although LOOQAL attempts to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products.

 

We do not allow Merchants to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to the Merchant. Upon receipt and inspection of the merchandise by the relevant Merchant, the Merchant will advise you on the status of replacement or refund (if any). The Merchant may at their discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to our Returns and Refunds Policy. Please refer to Returns and Refunds for details of how to arrange a return.

 

As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms of Service will affect these legal rights.

 

The products sold by the Merchants are supplied for your domestic and private use only. You agree that you will not use the products for any commercial business or re-sale purposes. Neither LOOQAL nor the Merchants have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity.

 

6. LOOQAL Partner Merchants  

 

As explained above, the contract for the purchase of the products is between you and the relevant Merchant. LOOQAL is acting as agent and is authorised by the relevant Merchant to conclude the contract on its behalf but LOOQAL is not a party to that contract and you are not purchasing the products directly from LOOQAL.

 

LOOQAL requests that all Merchants using the Website have and maintain reasonable business policies which comply with our own business policies. LOOQAL cannot, however, be responsible for the Merchants’ business policies. If you are unhappy with the product or service you have received from a Merchant, you should first contact the Merchant. However, should you still be dissatisfied with the outcome, contact LOOQAL via the Contact Us Form and we will liaise with the relevant Merchant on your behalf to try and resolve the issue.

 

7. Orders, Prices and Payments

 

By completing the checkout process and placing an order by clicking the “CHECKOUT” button on the checkout page, you are offering to purchase the products from the relevant Merchant (and not directly from LOOQAL). Your order for the products is subject to these Terms of Service which are incorporated into the contract between you and the relevant Merchant. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Merchant. After entering into the contract for the products with the Merchant, the Merchant will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Merchant and/or LOOQAL (as applicable) until it is delivered to you at the address specified when you placed your order.

 

To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.

 

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

 

(i) Formation of the contract between you and the Merchant(s). 

The identity of the Merchant is shown on the order confirmation page when you place an order.

When you place an order, you will receive  a confirmation email, which concludes the contract between you and the Merchant. Only those products listed in the dispatch confirmation email are included in the contract between you and the Merchant. 

 

(ii) Pricing and availability

Whilst LOOQAL tries and ensures that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Merchants, there may be cases where errors occur. If an error is discovered in the price of any products that you have ordered, you will be informed of this as soon as possible and, given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

 

Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered,  your delivery address, and Merchant and LOOQAL shipping policies. The delivery costs applicable to your order will be clearly displayed at checkout before you place your order. 

 

Depending on your delivery address, different taxation rules and additional charges may apply. Unless otherwise stated, import duties are not included and you may have to pay them upon receipt of the products. If in doubt, please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the “Duties and Taxes” section of our Shipping Policy. 

 

Please note that if you return an item, the taxes and import duties will be refunded to you only if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to LOOQAL (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.

 

8. Delivery

 

LOOQAL and our partner Merchants may use shipping solutions offered by various shipping solution providers which provide delivery services to you and will try to ensure that your order is delivered by the estimated delivery date if given, but there may be circumstances where delivery is delayed because of events beyond their reasonable control (please see section 16(iv) below for further information). If this happens, they will try to arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.

 

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times are estimates only and cannot be guaranteed. Due to different business policies and setups, the product(s) may arrive in multiple deliveries and at different times.

 

In certain circumstances the shipping solutions provider may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: redirecting the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) redirecting to a collection point: collecting your package from a collection point nearby. If the shipping solutions provider leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with the shipping solutions provider separately) you acknowledge and agree that LOOQAL shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

 

Please also read the information on our Shipping Policy as this contains important information about your order and its delivery.

 

9. International Delivery

 

If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 7(ii) (above) for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. LOOQAL will not be liable or responsible if you breach any such laws.

 

Do note that due to restrictions on some products for certain international destinations, we may not be able to fulfil such orders. 

 

10. Cancelling under the Consumer Contracts Regulations

 

Orders can be cancelled within 24 hours of placing the order. This means that, during this cancellation period, if you change your mind, you can cancel your order found in My Account. Any cancellations initiated after the 24 hours will be subjected to the Returns Policy. 

 

11. Our Website  

 

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

 

(i) Access to the Website

The Website is made available free of charge. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any purpose without LOOQAL’s prior written consent.

 

LOOQAL reserves the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. LOOQAL will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

 

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Merchants) satisfy any legal requirement that the communications be in writing.

 

(ii) Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

 

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

 

You must not use the Website for any of the following:

(i) In any way that breaches any applicable local, national or international law or regulation. b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. c)To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or

(iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. d) To cause harm, annoyance, inconvenience or needless anxiety to any person. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

 

(iii) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Merchants (the “Third Party Products and Services''). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. LOOQAL disclaims any responsibility or liability for or in connection with your use of any Third Party Products and Services. LOOQAL reserves the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.

 

We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses or incurred or paid by us as a result of or in connection with your breach.

 

(iv) Linking

LOOQAL is happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). LOOQAL reserves the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

 

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. LOOQAL has no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. LOOQAL will not be liable for any loss or damage that may arise from your use of them.

 

(v) Our liability in relation to the Website

LOOQAL may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. LOOQAL makes no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, LOOQAL excludes all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

 

LOOQAL will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

 

Please note that LOOQAL only provides the Website for domestic and private use and, as such, LOOQAL has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

LOOQAL will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. 

 

12. Privacy Policy  

LOOQAL only uses your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

 

13. Intellectual Property, Software and Content  

 

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by copyright, trade mark and other relevant intellectual property laws. All such rights are reserved.

 

You must not extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website. You must not create and/or publish your own material in any media or form that features substantial parts of the Website (e.g. our prices and product listings) without LOOQAL’s prior written consent.

 

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

 

14. Ethical and Responsible Sourcing

 

As a reputable and trusted business committed to offering its customers high quality products, LOOQAL uses all reasonable efforts to ensure that all Merchants and other suppliers are operating ethically. LOOQAL expects all Merchants and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Merchants and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: Minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, fair rates of pay and terms of employment.

 

LOOQAL will never knowingly allow a Merchant to offer its products on the Website if such products are sourced from manufacturers or suppliers that are in breach of these principles. LOOQAL also looks to the Merchants and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Merchants and other suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, LOOQAL recognises the importance of being proactive and endeavours to do everything within our power to support the rights of those involved in the manufacture of the products. 

 

15. Kidswear Policy  

 

The LOOQAL Kidswear product safety policy sets out guidelines to highlight the types of products that Merchants might be restricted to sell via the LOOQAL platform due to product safety restrictions. Our policy states that Merchants should seek regular independent advice and assurances from the brand/manufacturer/importer from whom the product is purchased to determine whether the goods are permitted to be sold into the country and where applicable, the state, in which the buyer is located. While LOOQAL works closely with our Merchants, it is our Merchant’s responsibility to ensure that the goods they sell comply with all applicable product laws and regulations, such as Flammability Standards, Certificates of Compliance and Tracking Labels. Our Customer Service Advisors can liaise with the relevant Merchant if you require additional information.

 

16. General

 

(i) Severability – Each of the sections and paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

(ii) Waiver – If you breach these Terms of Service and LOOQAL takes no action, or if we delay in taking action, that does not mean that LOOQAL has waived its  rights and we will still be entitled to our rights and seek remedies. If LOOQAL does waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that LOQOAL will automatically waive any later breach by you.

 

(iii) Entire agreement – These Terms of Service constitute the entire agreement between you and LOOQAL and they supersede any and all earlier agreements between you and LOOQAL.

 

(iv) Events outside of our control – LOOQAL and the Merchants will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of LOOQAL’s control means any act or event beyond ours or the Merchants’ reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

 

If such an event takes place and it affects the performance of LOOQAL’s or the Merchants’ obligations to you:

(i) LOOQAL will contact you as soon as reasonably possible to notify you; and

(ii) LOOQAL’s and the Merchants’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, LOOQAL and the Merchant will contact you, and the Merchant will arrange a new delivery date after the event is over.

 

Complaints – LOOQAL operates a complaints handling procedure which we will use to try to resolve disputes when they first arise, reach out if you have any complaints or comments. Get in touch with LOOQAL via the Contact Us form.

 

17. Governing Law and Jurisdiction  

 

Anything related to your order, use of the Websites or these Terms and Conditions are governed by Singapore law. The courts of Singapore shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.

 

18. Promotions and Coupon Codes

 

1. All coupon codes can be used ONCE, unless otherwise specified.

2. Coupon codes cannot be used simultaneously. We only accept one promotional code in one checkout.  

3. You can refund a product if you have used a coupon code, unless otherwise specified.

4. LOOQAL reserves the right to change these terms and conditions at any time without prior notice.

5. LOOQAL reserves the right to cancel any orders/benefits if fraud or similar activity is suspected.


17. Age of Consent 

 

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

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