1. Purchaser’s age, capacity and information

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The Purchaser shall:

 

1.1     be not less than 18 years old and have the legal capacity under the applicable law to enter into a legally binding and enforceable contract with THEFINALBOSSES or if requested by THEFINALBOSSES, shall provide evidence satisfactory to THEFINALBOSSES of the consent of its parent or lawful guardian to such contract; 

 

1.2   provide THEFINALBOSSES with a copy of its identification or registration document and evidence of its current residential or business address, as THEFINALBOSSES may choose; and

 

1.3   give to THEFINALBOSSES all other information (whether or not requested by THEFINALBOSSES) which may affect THEFINALBOSSES’ decision whether or not to permit or to continue to permit the Purchaser to have access to or to use of the Website and/or to purchase the Products or THEFINALBOSSES’ decision on the terms and conditions of providing such access or use or selling such Products, and the Purchaser shall ensure the completeness, accuracy and currency of such information at all times.

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2. Order for and Purchase of Products

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2.1     The Purchaser’s pre-order or order for Products ("Order") is made when the Purchaser transmits to THEFINALBOSSES through the Website, a fully completed and purchase order in the electronic form set out on the Website, including the product number, quantity, shipment or delivery location and date and all other information required by THEFINALBOSSES.  The Purchaser may not cancel or change any Order without the prior written consent of THEFINALBOSSES.

 

2.2     By transmitting an Order, the Purchaser is making an offer to purchase the Products but THEFINALBOSSES shall not be obliged to accept any Order and is entitled to reject the whole or any part of an Order at THEFINALBOSSES’ sole discretion.

 

2.3    THEFINALBOSSES is not bound by any order unless and until it issues its pro forma invoice/confirmation to the Purchaser as acceptance of the Order.

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3. Price and other sums payable

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3.1       Unless specified otherwise, the price of Products shown on the Website are in the currency denominated by THEFINALBOSSES and are exclusive of bank charges and Taxes.  In the case of electronic payments for purchases which are not the currency denominated by THEFINALBOSSES, the final price will be calculated in accordance with the applicable exchange rate on the day the purchase is processed.

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3.2     The Purchaser shall pay the price for the Product as specified by THEFINALBOSSES from time to time (“Price”).  Notwithstanding the foregoing, THEFINALBOSSES reserves the right to revise the Price at its sole discretion.

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3.3       Without prejudice to Condition 3.2, THEFINALBOSSES reserves the right to refuse to accept or fulfill any Order for any Product that was advertised by THEFINALBOSSES at an incorrect price and reserves the right to cancel any Order that has been accepted or is in being delivered. If the Purchaser has made payment for the Products under such circumstances, THEFINALBOSSES shall refund the full amount paid, and in the event that any Product is recalled while being delivered, THEFINALBOSSES shall process the refund once such Product has been successfully recalled.

 

3.4       The Purchaser shall pay the Price in the form required by THEFINALBOSSES and if the Purchaser makes such payment by credit card or debit card or any electronic or similar method, the Purchaser represents and warrants that the Purchaser is authorised to use such method and to authorize THEFINALBOSSES to charge the payment by such method.  If the Purchaser’s payment by such method is refused by any third party, the Purchaser hereby authorises THEFINALBOSSES (if THEFINALBOSSES so chooses) to deal with the issuer or administrator of such payment method to determine the appropriate person to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to THEFINALBOSSES.  Notwithstanding the foregoing, the Purchaser shall be responsible to resolve any disputes with such issuer or administrator when requested by FINALBOSSSES.

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4. Availability, Shipment and Delivery

 

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4.1       All orders and pre-orders are subject to acceptance and availability, and items in the Purchaser’s shopping basket are not reserved and may be purchased by other persons.

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4.2      THEFINALBOSSES shall ship or deliver the Product (or any repaired or replaced Product) to the destination or location specified in the Order, subject to THEFINALBOSS’ discretion as to whether to make partial shipments or deliveries and/or to invoice each shipment or delivery separately.

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4.3     THEFINALBOSSES reserves the right to cancel or stop delivery of Products in transit and withhold shipments in whole or in part if the Purchaser does not pay the Price and Taxes and other sums payable by the Purchaser to THEFINALBOSSES when due, or if the Purchaser otherwise does not observe and perform its obligations to THEFINALBOSSES.

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4.4       The Purchaser agrees and acknowledges that the date of shipping or delivery of the Product is only an estimated date, and that THEFINALBOSSES shall not be liable for any delayed delivery. The Purchaser shall not refuse to accept delivery or be otherwise relieved of any obligations as the result of any delayed delivery and in the event of any delay, short delivery or misdelivery of any Product caused or contributed by the Purchaser or its employee, agent or contractor,  THEFINALBOSSES may, at its discretion, place the Product in storage or dispose of the Product all at the risk, cost and expense of the Purchaser without being liable to make any refund or compensation to the Purchaser.

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5. Title and Risk

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5.1       Title to the Product shall pass to the Purchaser only upon its final payment of the Price and physical receipt of the Product by the Purchaser.

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5.2       The Purchaser shall immediately inspect and count the Product to determine its good state and condition immediately upon receipt of the Product. If the Purchaser fails to conduct such inspection and counting or to notify THEFINALBOSSES of any damage or deficiency of the Product within 15 days after such required inspection, the Product shall be deemed to have been received by the Purchaser in good state and condition and of the quantity ordered by the Purchaser and the Purchaser may not make any claim against THEFINALBOSSES or its employee, agent or contractor in respect of any alleged damage or deficiency of the Product.

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6. Customs, Duties and Taxes and other third party charges

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The Purchaser expressly agrees and acknowledges that it shall be responsible for payment of all import taxes, customs, charges, tariffs and duties (“Taxes”) and third party charges (including bank charges) imposed on or related to the Product.

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7. Returns and Exchanges

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7.1       The Purchaser expressly agrees and acknowledges that any Product returned for any reason shall only be accepted in original re-sealed packaging and shall be subject to a restocking fee set by THEFINALBOSSES from time to time. THEFINALBOSSES reserves the right to refuse or reject any returned Product which is not in its original and unopened package. The Purchaser will be eligible to receive a full refund of the Price if the Purchaser returns such Product  at its own cost and expense to the place designated by THEFINALBOSSES from time to time, within 15 days after the Purchaser received the Product.

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7.2       If a Product is received by the Purchaser in a damaged or defective condition, the Purchaser shall immediately submit images of the damage or defect for THEFINALBOSSES’ review. If THEFINALBOSSES determines that the damage qualifies the Product for an exchange, THEFINALBOSSES shall replace it with a non-damaged item (subject to availability at the time of such determination). In the event that a replacement is not available at such time, THEFINALBOSSES shall offer a comparable item or store credit for a future purchase of a comparable item.

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7.3       Notwithstanding the foregoing, THEFINALBOSSES reserves the right to refuse to accept any return or to refuse any exchange of any Product, for any reason including suspected misuse, tampering, intentional damage and/or repeated returns by the Purchaser in respect of any Product.

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8. Warranties and Replacements

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8.1       Products are sold “as is” according to the specifications (if any) displayed on the Website.

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8.2       THEFINALBOSSES disclaims all other warranties, whether express or implied, oral or written, with respect to the Products, including all implied warranties of merchantability, of fitness for any particular purpose.

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8.3       In any case, THEFINALBOSSES’ warranties under the Agreement shall not apply to:

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(1)       normal wear and tear;

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(2)       any event which is not reasonably foreseeable by THEFINALBOSSES and/or which cannot be reasonably avoided or controlled by THEFINALBOSSES;

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(3)       the misuse, fault or negligence of the Purchaser;

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(4)   damage not proven to have been caused by THEFINALBOSSES’ gross negligence or willful intent;

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(5)       Products sold to the Purchaser as ‘used products’;

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(6)   use, maintenance, storage, or handling in an improper, inadequate, or unapproved manner by the Purchaser; and/or

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(7)      Products manufactured in accordance with specifications provided by the Purchaser.

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8.4       For the avoidance of doubt, it is agreed and declared that any damage or tampering with the Product performed by the Purchaser or any person or entity other than THEFINALBOSSES, shall immediately avoid and cancel all warranties with respect to the Product.

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9. Purpose of access to and use of Website

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9.1       The Purchaser may have access and use of the Website for the sole purpose of purchasing the Products. 

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9.2       Where applicable, the Purchaser shall at all times comply with all requirements of THEFINALBOSSES from time to time directly or indirectly relating to the use of the Website, including the terms and conditions of this Agreement as they may be revised by THEFINALBOSSES from time to time.

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9.3     THEFINALBOSSES provides access to and use of the Website “as is” and “as available”.  The Purchaser shall have access to and use of the Website at its own risk. 

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10. General Liability and Indemnity

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10.1     The Purchaser shall be liable to THEFINALBOSSES and its affiliates for any losses, damages, costs (including solicitor and client cost) and expenses suffered or incurred by THEFINALBOSSES and/or its affiliates due to or arising from any failure by the Purchaser to observe and perform its obligations under these terms and conditions.

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10.2     THEFINALBOSSES and its employees, agents, contractors shall not be liable for any loss, damage or destruction of any property or any injury or death of the Purchaser or any third party (including but not limited to the Purchaser’s employees, agents or contractors) or for any demands, claims or proceedings against the Purchaser arising from or related to the Products due to any reason.  Without prejudice to the generality of the foregoing, the Purchaser expressly waives and releases THEFINALBOSSES and its affiliates and their respective officers, employees, agents and contractors from any and all liability, claims or damages arising from or in any way related to or arising from the Purchaser’s access to or use of the Website or the Products.

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10.3     In no event shall THEFINALBOSSES or its affiliates or their respective officers, employees, agents or contractors be liable for any claim for emotional or psychological distress or loss of data or for any indirect, incidental, special, consequential, punitive, economic, future, exemplary or damages or loss.

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10.4     In any event, such liability (if any) of THEFINALBOSSES to the Purchaser or any third party shall not exceed the Price.

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10.5   The Purchaser shall indemnify THEFINALBOSSES and its affiliates and their respective officers, employees, agents and contractors against all actions, claims, demands, losses, damages and costs and expenses (including their solicitor and client costs) for which they shall or may become liable to any third party in respect of the third party’s loss, damage or destruction of property, injury or death.

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11. Termination and Refusal of Access

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THEFINALBOSSES may suspend for such period and upon such terms decided by THEFINALBOSSES from time to time and/or if it so chooses at any time, may terminate the Purchaser’s access to or use of the Website if THEFINALBOSSES considers that the Purchaser has failed to observe and perform its obligations under these terms and conditions or may or has contravened any applicable law, without prejudice to THEFINALBOSSES’ rights and remedies in relation to any antecedent failure or contravention.

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12. Confidentiality

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The Purchaser may not, without the prior written approval of THEFINALBOSSES, disclose to any third party nor use for the benefit of itself or any third party, any information provided by THEFINALBOSSES (which may include the Purchaser’s account password) or relating to THEFINALBOSSES or its employees, agents or contractors or THEFINALBOSSES SERVICES which is not lawfully in the public domain or for any purpose other than for access to or use of the Website in accordance with these terms and conditions.

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13. Personal Data

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The Purchaser shall where required by THEFINALBOSSES provide THEFINALBOSSES with up to date data about itself that THEFINALBOSSES may require in relation to the Purchaser, including his name, identification document, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address and any other information about the Purchaser (as the case may be) and its use of the Website or purchase of Products (“Personal Data”), and hereby:

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(1)        agrees and consents to THEFINALBOSSES and its affiliates and their respective employees, agents, and contractors collecting, processing and using Personal Data for the purposes of processing the Purchaser’s access to and use of the Website and purchase of Products, and for the business activities of THEFINALBOSSES and its affiliates and their respective partners and sponsors (including for marketing, business or any other purposes in relation to THEFINALBOSSES or its affiliates) and to fulfil any legal obligation of THEFINALBOSSES and its affiliates, as well as for the following purposes:

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(a)       to exercise THEFINALBOSSES’ rights and to perform THEFINALBOSSES’s obligations under these terms and conditions;

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(b)         to develop, operate and enhance the Website; and

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(c)      to notify, invite and/or consider the participation of the Purchaser in any event, promotion, activity, focus group, research study, contest, promotion, poll, survey or any production and to communicate with the Purchaser regarding its attendance thereat;

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(2)        agrees and acknowledges that THEFINALBOSSES and its affiliates and their respective officers, employees, agents and contractors may retain Personal Data which shall be securely stored and protected by THEFINALBOSSES and its affiliates; and

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(3)        acknowledges and consents to receiving notifications from THEFINALBOSSES and its affiliates.

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Notwithstanding the foregoing, Personal Data shall at all times remain the property of the Purchaser.

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14. Intellectual Property

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THEFINALBOSSES does not intend and shall not be taken as granting or transferring to the Purchaser, any intellectual property right of THEFINALBOSSES.  THEFINALBOSSES owns all right, title and interest, including all related intellectual property rights, in and to the Product and the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Purchaser.  Accordingly, the Purchaser shall not and shall not attempt to and shall ensure that its employees, agents and contractors shall not and shall not attempt to:

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(1)       license, sublicense, sell, resell, transfer, assign, distribute or otherwise reproduce, use, exploit or make all or any part of the Product (including THEFINALBOSSES’ trademarks) in any way;

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(2)       modify or make derivative works based on the Product;

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(3)       reverse engineer the Product in order to directly or indirectly in any way -

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            (a)        build a similar or competitive product or service;

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         (b)       build a product using similar ideas, features, functions or graphics of the Product; or

            (c)       copy any ideas, features, functions or graphics of the Product;

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(4)      launch any automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website;

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(5)    use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or their contents;

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(6)       post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information of THEFINALBOSSES without obtaining the prior written consent of THEFINALBOSSES; or

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(7)        remove any copyright, trademark or other proprietary rights notices contained in THEFINALBOSSES SERVICES.

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15. Force Majeure

 

THEFINALBOSSES shall not be liable for any failure to perform its obligations under these terms and conditions if the failure results from an event which is beyond the reasonable control of THEFINALBOSSES and which results in THEFINALBOSSES being unable to observe or perform its obligations.

 

16. Applicable Law

 

The Purchaser and THEFINALBOSSES shall comply with their respective obligations under all applicable laws.

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17. Assignment and Third Parties

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17.1      The Purchaser shall not but THEFINALBOSSES may assign, transfer, sub-contract or delegate any of its rights, benefits duties or obligations arising under these terms and conditions without the prior written consent of the Applicant or the Purchaser.  A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Chap 53B) to enforce any provision of the Act.

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17.2       The Purchaser acknowledges and agrees that THEFINALBOSSES may at its discretion, link the Website to any other website or platform of THEFINALBOSSES or of any third party or allow any third party to advertise its goods, services and facilities on the Website, subject to the terms and conditions set by THEFINALBOSSES and/or imposed by the third party which may not be within THEFINALBOSSES’s control, in which event, the Purchaser shall be free to make its own independent decision on whether to use the Website or such other website or platform or whether to accept any goods, services or facilities from such third party (in which case the Purchaser shall be deemed to have entered into a contract with such third party relating to such goods, services and facilities at the Purchaser’s own risk and expense). The Purchaser further agrees that in case of any contradiction or inconsistency between the terms and conditions of use or provision of such other website or platform, these terms and conditions shall apply unless and to the extent THEFINALBOSSES decides otherwise.

 

18. Invalidity or unenforceability

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If any of these terms and conditions is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.

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19. Waiver

 

Any delay or failure of THEFINALBOSSES to enforce any of these terms and conditions shall not constitute a waiver of such term or condition.

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20. Law and Jurisdiction

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All matters related to or arising from these terms and conditions will be interpreted and governed by Singapore law and subject to the exclusive jurisdiction of the courts of Singapore.

 

21. Disputes

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THEFINALBOSSES and the Purchaser will endeavour to resolve any dispute between them arising out of or in connection with these terms and conditions and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, THEFINALBOSSES may choose to refer the dispute on an exclusive basis for mediation in the Singapore Mediation Centre or for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.