VR1 CONDITIONS OF USE AND BUYER AGREEMENT
Part 1 (VR1 Conditions of Use) applies to your use of VR1.com.sg online store, whether you are browsing, buying or selling.
Part 2 (VR1 Buyer Agreement) governs your access to and purchase of Products from VR1.com.sg (Part 2A) or third party Sellers (Part 2B) on VR1.com.sg.
PART 1: VR1 CONDITIONS OF USE
1. WELCOME TO VR1
Welcome to VR1 Online Store of Virtual Reality Headsets (www.VR1.com.sg, VR1 webstore, VR1) owned and operated by Delphius Pte. Ltd. ("we", "us" and "Delphius").
On VR1 webstore you can browse and buy products from Delphius.
These VR1 Conditions of Use ("Conditions") apply to your use of VR1,whether you are browsing, or buying. The Conditions are in addition to the following legal terms and conditions:
Sale of Products to you by Delphius on VR1, see the VR1 Buyer Agreement, Part 2.
YOUR CONTINUED USE OF VR1 CONSTITUTES YOUR ACCEPTANCE OF THESE CONDITIONS.
TAMPERING WITH VR1, MISREPRESENTING THE IDENTITY OF A USER, USING BUYING AGENTS OR CONDUCTING FRAUDULENT ACTIVITIES ON THE SITE ARE PROHIBITED.
No Products are for sale to children and any children's Products are displayed for purchase by adults. If you are under 18 you may use VR1 only with the involvement of a parent or guardian.
4. YOUR USE OF VR1
Use of VR1 is limited to parties that can lawfully enter into and form contracts under the laws of Singapore.
You may not misuse VR1.
You may use VR1 only as permitted by applicable Regulations.
You must not use VR1: (i) in any way that causes, or is likely to cause, VR1, or any access to it, to be interrupted, damaged or impaired in any way; (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable Regulations, these Conditions or any other Applicable Terms.
5. OUR CONTACT DETAILS
VR1 is the trading names for Delphius Pte. Ltd. (the "Brand Names"). The Brand Names are owned and maintained by Delphius.
You can contact us using the Contact Us page on VR1.com.sg.
6. YOUR USER ACCOUNT
Delphius reserves the right to reject any registration and to refuse service to anyone for any reason,in its sole and absolute discretion.
You must follow the instructions and provide the required information as part of the registration process for a user account.
You warrant and represent to Delphius that the information you provide during the registration process (and any notification of change of such information) is true and correct. You must notify Delphius of any changes to your registration information immediately. If you provide false or incorrect registration information or do not notify Delphius of changes to your registration information immediately, Delphius reserves the right to terminate your account immediately and without notice to you.
7. KEEP YOUR USER ACCOUNT CONFIDENTIAL AND SECURE
If you sign up for a user account on VR1.com.sg as a Buyer, you are responsible for maintaining the confidentiality of your user account and password and for restricting access to your computer, and to the extent permitted by applicable Regulations you agree to accept responsibility for all activities that occur under your user account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, on the My Account area of VR1.
8. ELECTRONIC COMMUNICATIONS
When you use VR1 or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail. You consent to receive communications from us electronically and you agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
9. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
The Brand Names and all content included in or made available on VR1, such as text, graphics, trademarks, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Delphius (or its content suppliers). The compilation of all content included in or made available through VR1 is the exclusive property of Delphius.
You may not extract and/or re-use the Brand Names or parts of the content of VR1 without our express written consent.
10. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You and other visitors to VR1 may post reviews, comments and other content, provide feedback, send electronic communications, and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material you grant: (a) Delphius a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Delphius, its sub-licensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Delphius including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Delphius for all claims brought by a third party against Delphius arising out of or in connection with the content and material you supply.
11. DELPHIUS IS NOT RESPONSIBLE FOR OTHER BUSINESS
On VR1 we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites and off-line retail stores. Delphius does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
12. LIMITATION OF DELPHIUS' LIABILITY
We will do our utmost to ensure that availability of VR1 will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to any part of VR1 Online may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Delphius will not be responsible for: (i) losses that were not caused by any breach on our part; (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using VR1.
Nothing in these Conditions shall limit or exclude any liability for fraud or any other liability that cannot be lawfully limited and excluded.
13. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
14. NO WAIVER
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
If any provision of these Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions in these Conditions.
16. GOVERNING LAW AND JURISDICTION
The laws of Singapore govern these Conditions, without giving effect to any principles of conflicts of laws.
17. AMENDMENTS TO THESE CONDITIONS AND VR1
Delphius may, from time to time and in its sole discretion, amend these Conditions and any part of VR1 policies to the extent permitted by applicable Regulations. You must regularly check these Conditions to understand the current Conditions that apply to your use of VR1.
YOUR CONTINUED USE OF VR1 CONSTITUTES YOUR ACCEPTANCE OF THESE CONDITIONS AND SUCH CHANGES TO THESE CONDITIONS.
As used in these Conditions, the following terms have the following meanings:
"Applicable Terms" means any other terms that may apply to your use of VR1, including the VR1 Buyer Agreement, and any other Policies;
"VR1 " has the meaning given in Section 1 of these Conditions;
"VR1 Buyer Agreement" means the terms set out in Part 2;
"VR1 Stores" means any of our in-country physical outlet stores;
"Products" means any product listed by Delphius on VR1.com.sg
PART 2: VR1 BUYER AGREEMENT
WELCOME TO VR1
Welcome to VR1.
This Agreement (in addition to the VR1 Conditions of Use and the Policies) governs your access to and purchase of Products from Delphius on VR1.com.sg through your account and is an agreement between you ("you" or the "Buyer") and Delphius Pte. Ltd. ("we", "us" and" Delphius").By using VR1, you agree to be bound by this Agreement, any other Applicable Terms and all the disclaimers and terms and conditions that appear elsewhere on VR1. Delphius reserves the right to amend any terms and conditions without prior notice.
SALE OF PRODUCTS TO YOU BY DELPHIUS ON VR1.com.sg
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
In these terms and conditions, "we" and "us" means Delphius Pte. Ltd. and "you" means the person, firm or corporation purchasing the Goods indicated in your Order. Unless the context requires otherwise, words spelt with initial capitalised letters are defined terms and shall bear the meanings set out in these terms and conditions. Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa.
In these terms and conditions:-
Only persons aged 18 years and above may submit the Order or make any orders, purchases or any other form of request on the VR1 Webstore.
All Orders submitted to Delphius through the VR1 Webstore are subject to our acceptance. Order acceptance and the completion of the contract between you and Delphius will take place on the dispatch to you of the purchased Goods, and until that time we reserve the right to reject your Order. VR1 shall be entitled to cancel or terminate the obligations to fulfill any Order, for any reason whatsoever, even after a Order is confirmed by, and paid for by the customer, with or without notice and we shall not be liable to any party for such termination or cancellation.
In such event, we shall refund to the customer the price of the Goods purchased.
1.2 Payment Terms
1.3 Payment Processing
Payment options ranging from VISA® and MASTERCARD® credit card are accepted at VR1 via PayPal payment service.
1.4 Using Promotional Codes
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this VR1 Webstore. Only one promotional discount code can be applied to an order. Promotional discount codes reflected on digital coupons are debited at the time an order is placed. Digital coupons will automatically be redeemed against purchase totals, up to the total purchase amount. Digital coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost,stolen, deleted, or if you cancel or return your purchase. In the event where the total purchase value is below the coupon value, the excess value of the coupon will not be refunded. Coupon will not be applicable with any other promotions that may be promoted in VR1 Webstore, unless otherwise stated. The terms and conditions stated in each digital coupon shall be final and conclusive.
2. Errors on Our Site
Prices and availability of Goods are subject to change without notice. Errors will be corrected where discovered, and Delphius reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Order has been submitted and whether or not the Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Order is cancelled, Delphius will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
3. Delivery & Collection Conditions
Delivery of Goods is governed in accordance with our Shipping Policy.
Self-Collection is allowed on case-by-case and is subject to our sole discretion. Please leave your request in the Comments box while placing the order or contact us via “Contact Us’’ form. Please bring along these items at the time of collection:
1. Your NRIC or passport
2. The confirmation email from VR1
Goods must be collected within 14 days from the date on which the Goods are ready for collection.
4. Cancellations, Exchanges & Returns
4.1 Sales Cancellation
Delphius reserves the right to refund you the Price of any Goods which has been paid and received by Delphius, even after the relevant Order is confirmed and payment has been received by us, in lieu of delivery or supply of such Goods.
4.2 Return Policy
In accordance with the Consumer Protection (Fair Trading) Act, Delphius reserves the right to prove (or, if the breach appears more than 6 months after delivery, require you to disprove) that the product was of satisfactory quality and otherwise complied with the terms of purchase at the time of delivery.
In the event of a refund, the Price paid with respect to the relevant Goods shall automatically be refunded to the credit card with which the purchase was made. If delivery has taken place, refunds will exclude the delivery charges paid.
5. Title; Risk of Loss
Title to, and risk of loss of or damage to, Goods purchased shall pass to you upon delivery of the purchased Goods to you.
6. Product Warranty
Goods are supplied and sold on an "as is where is" basis, unless the manufacturer, or supplier, of such Goods has issued a warranty in respect of such Goods, in which case such Goods are supplied and sold with the warranties issued and granted by the manufacturer, or supplier, of such Goods only. You hereby agree to look solely to such manufacturer, or supplier, for any claims related to such warranties.
7. Limitation of Liability
These terms and conditions set out the full extent of our obligations and liabilities, in respect of the supply of the Goods and performance of any services in relation thereto, and that there are no other warranties, conditions or terms that are binding on us, except as expressly stated herein. Any warranty, condition or term concerning the Goods which might otherwise be implied or incorporated in these terms and conditions by statute, common law or otherwise is hereby expressly excluded. Notwithstanding the foregoing, nothing in these terms and conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.
Subject to the foregoing, we shall not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability hereunder whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the price of the Goods paid by you to us.
8. Product Display/Colours
VR1 Webstore attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or furnishings included in the product image, they are used purely for illustration purposes and will not be included in the final sale of the product.
9. Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or any other matter. Delphius reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Delphius a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Delphius and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Delphius for all claims resulting (whether directly or indirectly) from content you supply. Delphius has the right but not the obligation to monitor and edit or remove any activity or content. Delphius takes no responsibility and assumes no liability for any content posted by you or any third party.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
By using the VR1 Webstore, you expressly agree that use of the VR1 Webstore is at your sole risk. The VR1 Webstore is provided on an "AS IS" and "as available" basis. Neither Delphius nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the VR1 Webstore will be uninterrupted or error-free. Neither VR1 Webstore nor its Associates warrant the accuracy, integrity or completeness of the content provided on the VR1 Webstore or the products or services offered for sale on the VR1 Webstore. Further, VR1 Webstore makes no representation that content provided on the VR1 Webstore is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. Delphius and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by VR1 Webstore or its Associates shall create a warranty.
Under no circumstances shall Delphius or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the VR1 Webstore, including but not limited to reliance by you on any information obtained from the VR1 Webstore that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Delphius has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the VR1 Webstore.
12. Entire Agreement
These terms and conditions together with your Order constitute the entire agreement between us and you in relation to your purchase of the Goods and supersede any and all statements or other agreements (oral or written) between you and us.
13. Termination of Use
Delphius may, in its sole discretion, terminate your account or your use of the VR1 Webstore at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Delphius reserve the right to change, suspend or discontinue all or any aspects of the VR1 Webstore at any time without prior notice.
14. Contracts (Rights of Third Parties) Act (Cap. 53B)
A person who is not a party these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.
15. Governing Law
These terms and conditions shall be governed by the law of Singapore.
16. Exclusivity of Product
Not all products available online are available through our partners. Online and offline (retail) products, variants, pricing and availability may vary.
Delphius may, from time to time and in its sole discretion, amend this Agreement and the Policies to the extent permitted by applicable Regulations.
Delphius will post a notice of all such changes on VR1 webstore at least fourteen(14) days before the changes are effective. Delphius will specify the effective date of the changes in the notice. You must regularly check VR1 Webstore to understand the current Agreement and Policies.
YOUR CONTINUED USE OF VR1 WEBSTORE AFTER DELPHIUS POSTS OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF VR1 WEBSTORE.