Terms and Conditions
1.1 This website is operated by E&S Blessing. These terms and conditions (the "Terms") apply to www.esblessing.com (the "Website") and form the terms and conditions on which E&S Blessing (“we”, “us” and “our”) provides any products and/or services to you. Please take the time to read through the Terms before you use and/or access the Website. By using the Website and/or any services provided by us and/or purchasing any products from us, you indicate that you have acknowledged, understood, and agree to adhere to the Terms.
1.2 We reserve the right to update, amend or replace any part of the Terms by posting the revised Terms here. You should check this page frequently to review the most current version of the Terms and to see if there are any updates or changes to the Terms. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance to the Terms posted.
1.3 The Website may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party service providers. You acknowledge and agree that we are not responsible for the content, terms and conditions, privacy policies, or practices of such third party websites or the companies that own them. By using the Website, you expressly relieve us from any liability arising from your access and use of any such third party website.
1.4 By accessing and/or using the Website, you represent and warrant that:-
(a) you are the user of the Website and that you are at least 18 years of age; and
(b) all information supplied by you on the Website is true, accurate and complete.
2. Orders and Services
2.1 We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion without assigning any reason. Our acceptance of your order will take place when a confirmation email is sent to the email address you provide to us, at which point a contract will come into existence between you and us. Each order accepted by us and which is fully paid shall constitute a separate and individual contract governed by the Terms. Please quote the order number provided to you whenever you contact us regarding your order.
2.2 You may place an order with us by completing and submitting the order form on the Website. It is your responsibility to ensure that your order and all information provided to us is accurate. An order shall be deemed irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such any such order without your consent and without any further reference to you.
2.3 We will notify you if we are unable to accept and/or process your order for any reason including, without limitation, if the product(s) in your order is out of stock or is unavailable, if a credit reference we have obtained for you does not meet our minimum requirements, if there are limitations on our resources for which we could not reasonably plan, if we have identified an error in the price and/or description of the product, or if we are unable to meet a delivery deadline or other request you have specified.
2.4 The price payable by you for a product shall be the price listed for sale as stated on the Website at the time your order is transmitted to us through the Website, together with any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment within twelve hours from the time your order was placed. Any unpaid orders after this payment time-frame shall be deemed cancelled unless we determine otherwise in our discretion. In the event that any product has been mispriced on the Site, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
3. Product Descriptions
3.1 We endeavour to be as accurate as reasonably possible in our descriptions of the products available for purchase through the Website. However, our products may vary from their pictures on the Website and the colours of the products may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do strive to ensure that screen colours are true to life as much as possible. Nevertheless, the images of the products on our Website are for illustrative purposes only. We do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free.
4. Shipping Information Delivery
4.1 For more information on shipping and delivery of your order, please refer to our Shipping Information FAQ.
4.2 In addition, should the item(s) that you order be out of stock or on back-order, the delivery of your entire order will only take place once such item(s) become available, unless otherwise specified by you at the time of your order.
4.3 If the delivery of your order fails for any reason and your order is returned to us, we would be happy to arrange for the re-delivery of your order, subject to you paying for any further delivery costs. We reserve the right to terminate your order should you repeatedly fail to take delivery.
5. Customisation of Orders
5.1 We provide a customisation service which you can reach out at firstname.lastname@example.org. This is subject to extra charges as will be specified between our customisation officer and you.
6.1 Once you submit an order, it cannot be cancelled by you. Any variation to any order must be agreed in writing. The price may alter as a result of any variation and you agree to pay any increase.
6.2 We regret that we will only be able to offer refunds for items purchased from the Website.
7. Incorrect or Incomplete Orders
7.1 If you believe that you have received the wrong item(s) or that your order is incomplete, please contact us at email@example.com with your order number so that we may assist you. In the event that we ask you to send any items back to us, we will reimburse you for the cost of sending such item(s) to us via normal ordinary mail. Please note that items must be unopened and unused and in their original packaging. If the correct item is no longer available, we reserve the right to issue store credit or a cash refund to you instead.
8. Warranties and Limitation of Liability
8.1 The Website, all information provided therein, our products and/or our services are provided to you on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
8.2 Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation: (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are expressly excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk.
8.3 Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
- life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us;
- any unsuitable or improper use and/or alteration of our products, and/or any wilful damage, negligence, or other misuse of our products, as well as fair wear and tear, by you or any third party;
- any third party claims, whether directly or indirectly caused by, or relating to, the content of our Website and/or the products or services purchased on or through our Website; and
- any warranties provided under these Terms if the total price for the Product has not been paid in cleared funds by the due date for payment.
8.4 You further acknowledge and agree that your access to and use of the Website is dependent on third party service providers such as internet, network or other link providers. Your payment for any product(s) purchased from the Website is processed by third party payment system providers and we do not retain or process any such payment information other than for the purposes of providing you with the products or services specified in the Website in accordance with applicable law. We cannot guarantee the security of such third party payment system(s) or any payment data on the Website, you agree that we are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
8.5 We shall not under any circumstance be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s) and/or the Website, or any product(s) procured or purchased from us, or for any other claim related in any way to your use of any such service or product, even if advised of their possibility. To the extent that any exclusion of liability under the Terms is not permitted under law, our aggregate cumulative liability under any claim shall in any event not exceed the sum that you have paid to us for the purchase of our products under your Order or S$50, whichever is lower.
9.1 We may terminate an order at any time by written notice to you if:
- You do not make payment to us when it is due;
- You do not, within a reasonable time, provide us with information necessary for us to provide you with any product(s) or service(s) such as your delivery address; or
- You breach or do not comply with any of the terms and conditions of the Terms.
9.2 If we terminate your order in the situations set out above, we will refund any money you have paid in advance for any product(s) we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 In addition, we may terminate our contract with you at any time by providing you with reasonable written notice.
10.1 You agree to indemnify us and hold us and our partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses arising out of your access of, use of and/or participation in the Website, including (a) any claims of infringement of a third party’s rights; (b) damage to tangible property, bodily injury, or death; (c) negligence or willful misconduct caused or attributable to you or any of your agents; and (d) breaches of your obligations under the Terms.
15. Other General Terms
Governing Law: The Terms and any dispute or claim arising out of or in connection with the Terms including any non-contractual dispute or claim or dispute concerning its subject matter or formation, shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any claim or dispute arising out of or in relation to the Terms and/or your use of the Website shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
Assignment: The rights and obligations under the Terms may not be assigned by you to another party without our express written consent.
Waiver: The failure by us to enforce any right or term of the Terms shall not be construed as a waiver of such right or term.
Headings: The headings in the Terms are included for convenience and should be ignored in interpreting the Terms.
Severability: Should any provision of the Terms be held to be invalid, illegal or unenforceable, such provision shall be deemed not to form part of the Terms and shall not affect the validity of the other provisions of the Terms, which shall remain in full force and effect.
Rights of Third Parties: A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) Singapore, to enforce any provision of the Terms.
Entire Agreement: The Terms, and any other terms and conditions referred to herein, constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior communications and understandings with respect to such subject matter.
No Partnership: Nothing in the Terms or in your use and/or access of the Website shall be deemed to create any joint venture, agency, partnership, or employment relationship between you and us.