Terms of Service
Butterflies & Marigolds Pte Ltd (“Butterflies & Marigolds”, "B&M", “we”, “us” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, butterfliesandmarigolds.com (the “Websites”).
We provide Visitors access to our Websites to purchase physical products and services (“Service”). We grant the Visitor a limited license only for legitimate access and personal use of the Websites and the Service. This license expressly excludes any downloading, unauthorised hypertext links to the Websites, or transmitting any content that the Visitor is not expressly entitled to by this Agreement. If there is any unauthorised use by the Visitor, this license granted will be terminated at our sole discretion.
We have taken all reasonable care to ensure that all details and prices of the Service are correct at the time when the information was entered into the system. However, errors regarding the Service may occur on the Websites. If a Service happens to be listed with incorrect information, we may, at our discretion, either contact the Visitor for instructions or cancel the Visitor's order and notify the Visitor of such cancellation. The Visitor's offer will only be deemed accepted once the Service ordered by the Visitor has been dispatched. Until the dispatch of the Service, we will have the right to modify the price of the Service and contact the Visitor for further instructions using the e-mail address registered with us. If an order is cancelled after the payment has been processed, the said amount will be reversed back to the Visitor. Prices and availability are subject to change without notice.
From time to time our brick and mortar stores may run special promotions which may not be available on the Websites or we may offer special discounts on the Websites that are not available in our stores.
Product Colour & Size
While we endeavour to depict the colours of each product as accurately as possible, the Visitor acknowledges that the colours of the actual merchandise may vary from the colour depicted on the Websites. All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible.
Visitors are advise to read the care label and washing instructions carefully. Dry the items as stated in the wash instructions. Do not tumble dry garments unless stated on the care label.
We reserve the right, at its sole discretion, to refuse or cancel any order. Such cancellation might be due to limitations on quantities available for purchase, inaccuracies or errors in product information. We will contact the Visitor if any order is cancelled or if additional information is required. If the Visitor's order is cancelled after the payment has been processed, the exact amount will be repaid.
We accept VISA and MasterCard payments.. All payments are stated in the Websites. The Visitor agrees, understands and confirms that his or her payment details for availing the Service is accurate and the Visitor shall not use any payment method which the Visitor is not lawfully entitled to. The Visitor further agrees and undertakes to provide the correct and valid details to effect payment to us. Such information will not be utilised and/or shared by us with any third party unless required for fraud verifications or by law, regulation or court order. The liability for fraudulent use of any payment method will be on the Visitor and the onus to 'prove otherwise' shall be exclusively on the Visitor. The Visitor acknowledges that the actual amount charged for the Visitor’s order is subject to the currency exchange rate applied by the Visitor's credit or debit card company.
Fraudulent / Declined Transactions
We reserve the right to recover damages (i.e. the cost of goods, collection charges and lawyers’ fees) from persons using the Websites fraudulently. We expressly reserves the right to initiate legal proceedings against such persons for fraudulent use of the Websites and any other unlawful acts or omissions in breach of this Agreement.
We do not claim ownership of any materials the Visitor makes available through the Websites but reserves the right to integrate such materials or its modification in our Service. With respect to such submitted materials that the Visitor submits or makes available for inclusion on the Websites, the Visitor grants us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Visitor hereby represents warrants and covenants that the Visitor has the full right to grant the above mentioned license.
All content, products, and Services on the Websites, or obtained from a website to which the Websites are linked ("Linked Site') are provided to the Visitor as is without warranty of any kind either express or implied including. We have no control over such sites and the Visitor acknowledges and agrees that we are not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, products or other materials on or available from such sites.
The Visitor further acknowledges and agrees that under no circumstances will we be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. It is the responsibility of the Visitor to evaluate the accuracy, completeness or usefulness of any opinion, advice or content available through the Websites, or obtained from a Linked Site.
Limitation of Liability and Indemnity
The Visitor hereby expressly states to understand and agree that Butterflies & Marigolds (and our subsidiaries, affiliates, officers, directors, employees) shall not be liable to the Visitor for any direct, indirect, incidental or consequential damages resulting from the use of the Websites, content or any related services.
The Visitor agrees to indemnify and hold Butterflies & Marigolds (and its subsidiaries, affiliates, officers, directors, employees) harmless from any claim or demand, including any attorneys' or other legal fees, or arising out of or related to the Visitor's breach of the Agreement, or the Visitor's violation of any law or the rights of a third party.
When the Visitor accesses and uses the Websites or sends emails to us, the Visitor is communicating with us electronically and consents to receive communications from us electronically, ie by us sending emails, messages or posting notices on the Websites. The Visitor agrees that all communication provided in the aforesaid manner shall satisfy the requirement to be in writing.
Website Emails and Postings
We assume no responsibility or liability regarding any messages posted by a Visitor to another Visitor through the use of the Websites ("Postings"). Furthermore, we may but is under no obligation to review any messages, information or content posted on the Websites by Visitors. We may decline to accept and/or remove any email or Postings at our sole discretion.
The trademarks, logos and service marks ("Marks") displayed on the Websites are the property of Butterflies & Marigolds and other parties. Users are prohibited from using any Marks for any purpose on other pages or sites on the World Wide Web without the written permission from us or such third party which may own the Marks. All information and content including any software programs available on or through the Websites ("Content") is protected by copyright. Visitors are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Websites for commercial or public purposes.
Modifications and Notification of Changes
The Agreement and the relationship between the Visitor and Butterflies & Marigolds will be governed by the applicable laws of Singapore. Any disputes will be handled in the competent courts of Singapore. The failure of Butterflies & Marigolds to act with respect to a breach by the Visitor or others does not waive our right to act with respect to subsequent or similar breaches. Butterflies & Marigolds do not guarantee that we will take action against all breaches of the Agreement. Except as otherwise expressly provided in the Agreement, there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement between the Visitor and Butterflies & Marigolds and governs the Visitor's use of the Websites, superseding any prior agreements between the Visitor and Butterflies & Marigolds with respect to the Websites.