1.
|
INTRODUCTION
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| 1.1 |
These Terms and Conditions of Use (“Terms”) regulate your access to and use of the Site and our Services. By visiting and using our Site, you agree to be bound by these Terms (as updated from time to time). If you do not agree to any of these Terms, please stop using and accessing the Site and our Services. |
| 1.2 |
The website located at https://miyabistore.co and its sub-domains (collectively referred to as the “Site”) is owned and operated by Magasin Miyabi Pte. Ltd. (“Miyabi”) (Singapore UEN 201524020H). |
2.
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ABOUT YOU
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| 2.1 |
By using this Site or our Services, you confirm and warrant that you are above the age of 18, or have the consent of your legal parent or guardian to, and are fully able and competent to agree to these Terms and to comply with them. If you are not above the age of 18, please do not use our Site or Services. |
| 2.2 |
You are responsible for ensuring that whoever uses the Site or our Services through your Internet connection knows about these Terms and complies with them. |
| 2.3 |
If you are accessing or using the Site or our Services from outside Singapore, please note that we do not guarantee that our Site or Services are lawful, appropriate or available for use in your region. You are responsible for any consequences that result from your use of our Site or Services from a region where doing so is illegal or unlawful. |
3.
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CUSTOMER ACCOUNTS
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| 3.1 |
We may provide you with access to the Site or any part thereof through a password-protected and/or secure customer account, subject to you registering your particulars and password with us through the Website in accordance with these Terms. |
| 3.2 |
You agree to provide accurate and complete personal information and particulars when registering for a customer account, and to keep such information and particulars updated at all times. Where you register a customer account for or on behalf of an organisation, you confirm, represent and warrant that you have full authority to do so and to comply with these Terms, and that you are acting as that organisation’s authorised agent. |
| 3.3 |
You agree not to let any other person use your customer account. You are responsible for all activity and transactions that occur under your customer account, and for maintaining the confidentiality of your account particulars and password. |
| 3.4 |
You agree to inform us immediately of any unauthorised use of your customer account, account particulars or password by emailing us at hi@miyabistore.co. |
| 3.5 |
We may issue instructions to you from time to time to maintain the security of the Site or your customer account (if any). You agree to comply with those instructions. |
4.
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YOU AGREE NOT TO DO THESE THINGS
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| 4.1 |
You may access and use the Site or our Services on condition that you do not: |
|
| a) |
Use the Site for any fraudulent or unlawful purpose; |
| b) |
Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; |
| c) |
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make; |
| d) |
Create multiple customer accounts; |
| e) |
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks; |
| f) |
Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful, malicious or invasive or may or is intended to damage, interfere with the operation of, expropriate, intercept or to monitor the use of, the Site, any hardware, software, or equipment; |
| g) |
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; |
| h) |
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site; |
| i) |
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; |
| j) |
Frame or mirror any part of the Site without our express prior written consent; |
| k) |
Create a database by systematically downloading and storing Site content; |
| l) |
Collect personal or other data of other users of the Site; |
| m) |
Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent; |
| n) |
Scrape or display from the Site for use elsewhere; |
| o) |
Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site; |
| p) |
Copy, modify, reproduce, adapt, create derivative works from, download, upload, transmit or broadcast any Site Content or Trade Marks (as defined below) without our express prior written permission (except as necessary to view or cache the Site); |
| q) |
Use robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or |
| r) |
Use the Site for any purposes for which it is not intended, or that are illegal or unlawful under applicable law. |
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5.
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PRICING & PAYMENT
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| 5.1 |
Our Services are provided on a pre-paid basis, meaning that you must make full payment of the applicable price at the time you make a Purchase, nett of any bank fees or other payment charges, which will be borne by you. If we do not receive full payment, we are not obliged to deliver the Services or products Purchased. A Purchase made by you constitutes an offer to Miyabi to buy the products and/or Services which are the subject of the Purchase, and is subject to acceptance and confirmation by Miyabi. |
| 5.2 |
Payment for our Services must be made using the payment systems which we may from time to time incorporate into the Site or specify. You agree to abide by the terms and conditions governing third party payment applications (such as Paypal). We will not be liable for any breach by you of any terms governing any third party payment applications. |
| 5.3 |
While we do our best to provide accurate and up-to-date information on our Services, the products listed on our Site, shipping costs, delivery timelines, and prices, we do not guarantee that such information is 100% accurate, updated or error-free. We reserve the right to cancel any order or purchase made for products or services listed at an inaccurate price. Where your credit card has been charged, or where you have already made payment for an order/purchase that is cancelled under this clause, we will issue you a full refund for the amount charged/paid. |
| 5.4 |
You shall not be entitled to withhold or delay any payments due to Miyabi by reason of any dispute concerning these Terms, the Services or for any other reason. All payments due to us shall be made on the due dates without any set-off, counterclaim, withholding or deduction whatsoever. |
6.
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VOUCHERS, GIFT CARDS & REWARD POINTS
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| 6.1 |
Miyabi may issue discount vouchers, gift cards, and Reward Points, which you may use to make payment for your Purchases, in accordance with the conditions and rules attached to such voucher, gift cards or Reward Points. |
| 6.2 |
You are responsible for accurately entering the email address and other particulars of the intended recipient of a gift card purchased by you. |
| 6.3 |
Miyabi may set conditions and rules to regulate a user’s eligibility to receive, accrue, redeem, sell or transfer vouchers, gift cards and Reward Points. We may also alter these conditions and rules at any time, and we will not be liable to compensate you for any change in their value or your ability to benefit from them. |
| 6.4 |
Unless we specify otherwise in individual campaigns or instances, vouchers, gift cards and Reward Points are not exchangeable for cash. |
| 6.5 |
In the event we have reasonable basis to suspect actual or attempted fraud, deception, illegal acts, or use contrary to our prescribed terms and conditions and rules, in connection with the purchase, utilisation, or redemption of a discount voucher, gift card, or Reward Points, we may take steps to protect our rights and the rights of others, without any liability to you. This includes refusing to allow redemption or use of the voucher, gift card, or Reward Points in question, suspending or terminating your customer account and/or access to the Site and Services, and contacting affected persons to investigate or rectify the situation. |
7.
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PERSONAL SHOPPER & CUSTOMISATION SERVICES
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| 7.1 |
You may make a Personal Shopper/Customisation Request through our Site. We may decline your Personal Shopper/Customisation Request if we feel that we are unlikely to be able to satisfactorily meet your expectations. |
| 7.2 |
Should we decide to take on your Personal Shopper/Customisation Request, we will source for products that correspond to your Personal Shopper/Customisation Request, and provide you with a list of the products we shortlist at the end of the initial sourcing process (the “First Shortlist”). Depending on the nature of your Personal Shopper/Customisation Request, and market and supply conditions, the number of products included in the First Shortlist will vary. In rare cases, we may not be able to include any products in the First Shortlist. |
| 7.3 |
After receiving the First Shortlist, you must: |
|
| a) |
Issue us a Buy Instruction (for one (1) product from the First Shortlist); or |
| b) |
Provide us with more information to narrow down the scope of your Personal Shopper/Customisation Request, after which we will provide another shortlist based on this narrowed-down scope (the “Second Shortlist”). Please note we will not accept any widening or extension of the scope of your Personal Shopper/Customisation Request; or |
| c) |
Cancel your Personal Shopper/Customisation Request. |
If you do not do one of the actions listed in subsections (a), (b) or (c) above within any time limit set by us, or in the absence of such time limit, within a reasonable time, we may treat you has having cancelled your Personal Shopper/Customisation Request, and we will not be required to take any further action nor will we be liable to you in any way. |
| 7.4 |
After receiving the Second Shortlist, you must: |
|
| a) |
Issue us a Buy Instruction (for one (1) product from either the First Shortlist or the Second Shortlist); or |
| b) |
Cancel your Personal Shopper/Customisation Request. |
If you do not do one of the actions listed in subsections (a) or (b) above within any time limit set by us, or in the absence of such time limit, within a reasonable time, we may treat you has having cancelled your Personal Shopper/Customisation Request, and we will not be required to take any further action nor will we be liable to you in any way. |
| 7.5 |
After you issue us a Buy Instruction, we will create a Custom Listing for you on the Site. Your Purchase of this Custom Listing constitutes your offer to Miyabi to buy our services to procure, buy, and/or customise the item in accordance to your Personal Shopper/Customisation Request, and the provisions relating to pricing and payment in Section 5 above apply to it. We may remove the Custom Listing temporarily or permanently, for any or no reason, and at any time, without any liability to you. |
| 7.6 |
Please understand that we do not accept cancellations of Purchases of Custom Listings, because you would have had many chances to cancel your Personal Shopper/Customisation Request in the course of using our Personal Shopper/Customisation Services, prior to making the Purchase. |
| 7.7 |
We also do not accept returns for Personal Shopper/Customisation Services, because the items were procured on your behalf according to your unique personal requirements, and approved by you prior to ordering. |
8.
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CANCELLATIONS, REFUNDS & RETURNS
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| 8.1 |
For refunds and cancellations relating to Personal Shopper/Customisation Services, please refer to Section 7 above. |
| 8.2 |
You may cancel a Purchase of an in-stock product (including gift certificates) anytime within forty-eight (48) hours of your Purchase, and we will issue you a full refund. |
| 8.3 |
If you are not satisfied with an in-stock product that you Purchased (excluding gift certificates), you may return the product to us within three (3) Business Days of having received it, , subject to and in accordance with all of the following conditions, in order to take advantage of one of the remedies mentioned below: |
|
| a) |
The product is returned in brand-new, sale-able condition; |
| b) |
The product has not been worn, used, altered, or washed; |
| c) |
The product is returned with its original packaging and tags; |
| d) |
There is no animal hair, smell, stain or dirt on the product; |
| e) |
The product has not expired, or changed in colour, smell, texture, appearance or other attributes; |
| f) |
You pay for your costs of shipping the product to us, inclusive of any taxes, levies and clearance fees. |
Remedies
Miyabi may issue you a full refund. We may instead choose to offer to either repair or replace the product, provided that (considering the nature and value of the product) the cost, time and trouble necessary to repair or replace it are not unreasonable or excessive.
If, in Miyabi’s sole discretion, the returned product does not meet the conditions listed above, we may reject your return and decline to issue you a refund, repair or replacement. We may also choose to accept the returned product subject to your payment of a fee, depending on the condition of the returned product. |
8.4 |
Marked-down products are strictly non-refundable and non-exchangeable. For the avoidance of doubt, Sections 8.2 and 8.3 are not applicable to marked-down products. |
9.
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DELIVERY
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| 9.1 |
Miyabi shall not be liable to you for any losses, liabilities, costs, damages, charges, levies, taxes or expenses arising out of late or non-delivery. |
| 9.2 |
Miyabi will not be liable for any damage to, change in condition of, or loss of the products Purchased once we have dispatched the products from our premises. |
10.
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TERMINATION & SUSPENSION
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| 10.1 |
We may terminate this agreement at any time for any or no reason, and in such event our maximum liability and responsibility will be to fulfil and deliver to you all Purchases that you made prior to the termination date. |
| 10.2 |
The following provisions shall continue to have effect after termination or expiry of this agreement: Sections 2, 3.5, 4.1, 5.4, 7.6, 7.7, 11, 12, 13, 14, and 17, and such of the provisions as are expressed to survive, operate or have effect after such termination or expiry. |
| 10.3 |
The termination or expiry of this agreement shall not affect any right of action already accrued to either party in respect of any breach of the agreement by the other party. |
| 10.4 |
Without prejudice to the other terms hereof, we may with or without notice, and with or without refund of monies paid, carry out any of the following, if we have reasonable grounds to believe that you have breached these Terms: |
|
| a) |
issue you a warning; |
| b) |
temporarily or indefinitely suspend your access to the Site or Services; |
| c) |
temporarily or indefinitely suspend or disable your customer account; |
| d) |
terminate your customer account; |
| e) |
take technical or other steps to prevent your access to the Site; |
| f) |
refuse to provide the Services to you. |
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11.
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DISCLAIMERS & LIMITATION OF LIABILITY
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| 11.1 |
The Site, Services and products made available by us are provided on an “as is” basis. Your selection, use, reliance and/or purchase of the same are at your sole discretion and risk. |
| 11.2 |
We take efforts to accurately represent the colours of products on the Site. However, factors including computer monitor specifications and settings, graphics cards, ambient lighting and shadow may cause the variations in how the colours are displayed or viewed by you. Further, due to manufacturing and procurement processes, the actual colours, cuts of cloth, embellishments and other attributes of the product shipped to you may vary slightly from the product photograph appearing on the Site. |
| 11.3 |
We reserve the right to change, revise, update, or discontinue the products listed on the Site, the Site itself, our Services, and our pricing at any time, without prior notice to you. We also reserve the right to decline orders, purchases or requests from any and all persons and organisations. |
| 11.4 |
Miyabi makes no warranty or representation, whether express or implied, that the Site, the products listed on the Site, delivery to you of products, and the Services are accurate, reliable, on time, error-free, complete, suitable, up-to-date, secure, virus free, non-infringing, lawful, of satisfactory quality, merchantable or fit for any particular purpose. |
| 11.5 |
Miyabi makes no warranty or representation that the access and/or use of the Site or any part thereof will be uninterrupted, timely, secure, free from viruses or other malicious, destructive or corrupting code, program or macro, free from transmission errors, free from interception, or otherwise free from errors. In no event shall we be liable for any disruption of service or inability to access or use the Site or Services. We shall not be responsible for any orders or enquiries placed or activity carried out through the Site under your customer account or Internet connection which are the subject of disruption, interruption, transmission errors, corruption or other errors, and you shall be responsible for contacting us to verify or cancel such order, enquiry or activity. |
| 11.6 |
Except where such liability is as a direct consequence of Miyabi’s gross negligence or wilful misconduct, and to the fullest extent permitted by law, Miyabi will not be responsible or liable for any losses, expense, costs incurred, liability, or direct, indirect, special, consequential, incidental, punitive, exemplary, speculative or remote damages (including without limitation loss of profit, goodwill, opportunity cost, business; damage to your reputation; damage caused or contributed to by third parties; claims by third parties; damage or loss arising from circumstances of which Miyabi had no reason to be aware and was not informed of by you; and damage or loss that Miyabi could not reasonably have foreseen on entering into this agreement) caused by or arising in connection with the provision, non-provision, delay or failure in delivery of the Site or the Services, or your use or non-use of the Site, Services or products purchased via the Site or Services. |
| 11.7 |
In the event of any breach of these Terms by us or if the law implies any condition or warranty the liability for breach of which cannot be excluded, Miyabi’s total liability is limited to and shall not exceed two (2) times the price paid to us by you for the order, product or purchase in respect of which the liability arose. |
| 11.8 |
Without limiting our rights under the other provisions of these Terms, neither you nor Miyabi shall be liable for any failure to perform our respective obligations if such failure arises from such circumstances reasonably beyond that party’s control. These circumstances include fire, flood, earthquake, elements of nature, acts of God, malicious damage, explosion, sabotage, riot, civil disorder, rebellion, default of sub-contractors (including forwarders and carriers) or suppliers, loss or breakdown or grounding of carrying vessel, any change of law which makes compliance with the affected party’s obligations under these Terms illegal or impossible to perform, communication line failures, telecommunications network failure, infrastructure failures or interruptions, power failures, interruptions or shortages, and computer processing systems failure. |
12.
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INDEMNITY
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| 12.1 |
You agree to indemnify, keep indemnified and hold harmless Miyabi (including its officers, employees, agents and representatives (the “Indemnitees”) from and against all losses, liabilities, obligations, damages, judgments, deficiencies, third party claims, demands, proceedings, assessments, costs and expenses (including legal costs on a full indemnity basis), suffered or incurred by an Indemnitee, as a result of or arising from: |
|
| a) |
A breach of these Terms; |
| b) |
A breach of Singapore or other laws; |
| c) |
An infringement of third party rights or contracts; and |
| d) |
Misrepresentation, negligence or fraud, |
that is carried out, participated in or permitted by you in connection with the Site, the Services and these Terms. |
| 12.2 |
You agree that if requested by us, you will use your best efforts to cooperate with us in the defense of any third party claim. |
13.
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OUR INTELLECTUAL PROPERTY
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| 13.1 |
The Site and all content available on the Site (including text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof) (the “Site Content”) are the property of Miyabi or its licensors, and is protected by Singapore and international copyright laws. |
| 13.2 |
All trade marks, trade names, logos, and service marks (the “Trade Marks”) displayed on the Site are the registered and unregistered marks of Miyabi or its licensors, and are protected by Singapore and international trade mark laws. |
| 13.3 |
We grant you a limited, personal, non-exclusive, non-sublicensable and revocable licence to access and use the Site and our Services, which is conditional on your compliance with these Terms. We may restrict, suspend, limit or prevent you from accessing or using our Site, the Services or any part of them, for any or no reason, and without liability to you. |
| 13.4 |
We grant you a limited, personal, non-exclusive, non-sublicensable and revocable licence to transmit and use the Site Content and Trade Marks, only to the extent that is necessary for you to view or cache the Site. |
| 13.5 |
If you wish to publish a hyperlink to our Site, you may do so provided that: |
|
| a) |
You link to the main page https://miyabistore.co only; |
| b) |
The link is fair and not presented in a way that is misleading or suggestive of any type of association, approval or endorsement by us that does not exist, or that is harmful to our reputation or the reputation of any of our affiliates; |
| c) |
You email us at hi@miyabistore.co to inform us before publishing the link, and comply with our requests for information regarding publication at all times; and |
| d) |
You take down or prevent publication of the link if we request you to do so. |
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14.
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YOUR PERSONAL DATA
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| 14.1 |
Our collection, use and management of your personal data are governed by our Privacy Policy which is available at https://miyabistore.co/privacy-policy. Please read it to understand what we do with your personal data. The provisions of our Privacy Policy are incorporated by reference as part of these Terms. |
15.
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THIRD PARTY WEBSITES
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| 15.1 |
We may publish hyperlinks to websites of third parties on the Site. This may not necessarily mean that Miyabi is associated with, affiliated with or endorses the third party. Miyabi is not responsible for the content, legality, or availability of those websites, and your access and use of those sites are entirely at your own risk. |
| 15.2 |
Where third parties publish hyperlinks to our Site on their website, this may not necessarily mean that Miyabi is associated with, affiliated with or endorsed by the third party. |
16.
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CHANGES TO THESE TERMS
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| 16.1 |
We may change these Terms at any time without prior notice. By continuing to access or use the Site or any part of it, you will be treated as having agreed to the most updated version of the Terms. It is your responsibility to check this page regularly to read the updated version of these Terms. |
17.
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GOVERNING LAW & OTHER MATTERS
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| 17.1 |
These Terms, your access or use of the Site and our Services, and any issue or dispute relating to them will be governed by the laws of Singapore, and the courts of Singapore will have exclusive jurisdiction over the same. |
| 17.2 |
A person other than the parties has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce these Terms, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. |
| 17.3 |
These Terms constitute the entire agreement and understanding between you and Miyabi regarding the Site and Services, and supersede all earlier oral or written statements and representations. |
| 17.4 |
You may assign or transfer your rights under these Terms with Miyabi’s prior written consent. Miyabi may assign, transfer or subcontract our rights and obligations under these Terms to another organisation or person. |
| 17.5 |
If any provision of these Terms is deemed to be unenforceable, that provision shall be deemed to be deleted from these Terms, and all other provisions shall remain in force. |
| 17.6 |
A party may waive a right under these Terms in writing. A failure in exercising a right, or a partial exercise of a right, shall not amount to a waiver of that right. |
| 17.7 |
A reference to an act being done “in writing” includes email and electronic formats, and must be signed or done by an authorised representative of the party purporting to do the act. |
18.
|
DEFINITIONS
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| 18.1 |
In these Terms, these expressions have the meanings set out below:“Business Day” means any day other than a Saturday, Sunday or gazetted public holiday in Singapore;
“Buy Instruction” means your instructions to us to buy a product in the First Shortlist or Second Shortlist;
“Custom Listing” means the customised and private listing that we create on our Site which corresponds to your Personal Shopper/Customisation Request;
“Personal Shopper/Customisation Request” means your request to us to source for, customise, or buy products for an on your behalf, including the pricing, parameters and preferences to which you would like us to conform as conveyed to us at the time you make your request;
“Personal Shopper/Customisation Services” means the services of sourcing for, customising, and buying products (directly or through third parties) for and on your behalf, in accordance with your Personal Shopper/Customisation Request;
“Purchase” means the act of buying and paying for an in-stock product or Custom Listing through our Site, and “Purchased”, “Purchasing” and other cognate terms shall adopt their corresponding meanings;
“Reward Points” means the points that Miyabi may issue to you as part of any customer loyalty program;
“Services” means the services we provide that are delivered or promoted through our Site including making products available on our Site for you to view and purchase, and Personal Shopper/Customisation Services. |
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