Terms and Conditions

INFORMATION ABOUT US

This Gain Brands International site (www.gainbrands.com) is owned and operated by GAIN BRANDS INTERNATIONAL PTE. LTD. (“we”, “us”, “GBI), a company registered in Singapore. Our company registration number is 201524326W and our registered office is at 1090 Lower Delta Road, #05-10/11, Singapore, 169201.

You can contact us in writing at enquiries@gainbrands.com. In the event we need to contact you for service-related matters, we will do so by telephone, WhatsApp, or by writing to you at the email address or postal address you have provided to us in your order. “Writing” or “written” in these T&Cs includes e-mails.

  1. INTRODUCTION

1.1 These Terms & Conditions govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these Terms & Conditions.

1.2 In this Site:

  • “Account” means the account that you register for on the website;
  • “Acknowledgement” means our acknowledgement of your order by email;
  • “Breach of Duty” has the meaning given to it in clause 7.1(b);
  • “Working day” means a day which is neither a Saturday nor Sunday, nor a public holiday in Singapore;
  • “Confirmation of order” means our email to you, in which we accept your order in accordance with clause 3.8;
  • “Contract” means your order of product(s) which we accept in accordance with clause 3.8 below;
  • “Customer” means individual who places an order on the website;
  • “Liability” has the meaning given to it in clause 7.1(a);
  • “Order” means the order submitted by you to the website to purchase Product(s);
  • “You” means the Customer who places an order;
  • References to “clauses” are clauses of these Terms & Conditions;
  • Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
  • References to “includes” or like words or expressions shall mean without limitation.
  1. EFFECT

2.1 These Terms & Conditions shall apply to all contracts made or to be made by us for the sale of products. Nothing stated here affects your statutory rights.

2.2 These Terms & Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.

2.3 No other terms or changes shall be binding unless agreed in writing signed by a Gains Brand International Pte. Ltd. Director.

  1. HOW A CONTRACT IS FORMED

3.1 When making an Order, you should register for an account on the website and follow the instructions on how to make an order (or changes) to your order before submitting it. 

3.2 Once you select a product(s)that you wish to order, you will be shown the charges to pay including GST and the applicable delivery charge. All charges are in Singapore Dollars. Subject to clause 3.10 below, this is the total to be paid for receipt of the ordered product(s).

3.3 You should pay in full for the product(s) at the time of ordering by using PayNow or PayPal or Direct Transfer in order for us to process your order.

3.4 You undertake that all details provided to us for the purpose of purchasing the Product, are correct. We reserve the right to obtain validation of your payment details before providing you with the product.

3.5 You are responsible for reviewing the latest Terms & Conditions each time you submit your order.

3.6 Your order remains valid as an offer until we issue our confirmation of order.

3.7 We shall not be obliged to supply the product to you until we have accepted your order. Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.

3.8 A Contract shall be formed and we shall be legally bound to supply the product to you. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” (email confirmation). It shall be deemed to come into effect when it has been dispatched by us. Until the time when we accept your Order, we reserve the right to refuse to process your Order and we will refund any payment made by you.

3.9 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at +65 69257005 or e-mail at enquiries@gainbrands.com immediately. However, we cannot guarantee that we will be able to amend your Order.

3.10 We try to ensure that the price given to you is accurate. If the price for the Order changes before we accept your Order, we will contact you and seek confirmation that you wish to proceed at the amended price (only during working days and hours).

3.11 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We are not obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.

3.12 You must only submit information to us which is accurate and not misleading and you must keep it up to date and inform us of changes.

  1. CANCELLATION

4.1 We may cancel a contract if the product is not available for any reason. We will notify you and return any payment that you have made.

4.2 We will refund any money received from you using the same method used by you to pay for the product.

  1. CANCELLATION BY CUSTOMER 

We do not allow cancellation of orders by customers. Please review your order carefully before placing it as once an order is placed, we are not able to cancel it. 

  1. FAULTY PRODUCTS

6.1 We guarantee that: the Product will be delivered undamaged in the quantity ordered; and the Product will conform with the manufacturer’s latest published instructions as set out on the Site at the time of your Order.

6.2 The Product is to be used in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product in accordance with those instructions.

6.3 We try to deliver Products in an excellent condition. However, if the Product is faulty, you agree to keep the Product in its current condition, available for us to inspect within a reasonable time, as stated in our Returns Policy.

6.4 In order to provide you with solutions for a faulty Product, please email us at enquiries@gainbrands.com with the following information: Your name, contact number, order number and item name and other information that you deem necessary and specify the manner in which it is alleged that the Product is damaged.

6.5 If you would like us to replace or provide a refund for the Product where it DID conform to the applicable Contract, and we find that the Product has been subject to carelessness, damage or abnormal conditions, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses.

  1. LIMITATION OF LIABILITY

7.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

  • the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or
  • otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.
  1. COMPLAINTS MANAGEMENT

8.1 We shall perform our obligations under these Terms & Conditions with reasonable care.

8.2 We value customer satisfaction and will attempt to address your concerns as soon as possible and contact you on receipt of any relevant enquiry.

8.3 In the event of a complaint, we require you to describe the object of your complaint and send us a copy of the Order or Order number via email. If you do not receive a confirmation from us within five Business Days, please make further enquiries.  

  1. CIRCUMSTANCES BEYOND OUR CONTROL

9.1 We shall not be liable for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control.

9.2 Either party may terminate a Contract by written notice to the other in the event of a Force Majeure that lasts for a period of three Business Days or more, in which case neither party shall be liable to the other by reason of such termination (other than for the refund of a Product already paid by you and not delivered).

9.3 If we have contracted to provide identical Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which contracts to perform and to what extent.

9.4 We are not liable for any damages arising from the use or inability to use our products and website.

  1. NOTICES

10.1 Any notice under a Contract shall be in writing via email addressed to the relevant party at the email address of the relevant party last known to the other.

10.2 Any notice given by post shall be deemed to have been served in three Business Days. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

  1. ADVERTISING ON THE SITE

11.1 We endeavour to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority in Singapore.

  1. GENERAL

12.1 We shall keep a record of your Order and these Terms & Conditions until five years after we have accepted your Order. However, for your reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order.

12.2 No failure or delay by us or you in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

12.3 If any clause here or a Contract was declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

12.4 These Terms & Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both parties hereby submit to the non-exclusive jurisdiction of the Courts of Singapore.

  1. AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS

We reserve the right to amend these Terms & Conditions. All amendments will be posted online. Continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. 

  1. INACCURACY DISCLAIMER

Information on the website may contain omissions, typographical errors or from time to time, that may relate to product descriptions, pricing and availability. We reserve the right to correct these and to change or update information at any time without prior notice (including after your order submission).