1. Introduction and Applicable Legislation
We are BIMBA & LOLA SINGAPORE, PTE. LTD. (Company Registration Number. 201133710E), headquartered at 16 Raffles Quay, #10-00, Hong Leong Building, Singapore 048581 (hereinafter referred to as “BIMBA Y LOLA”, "us", "we" and "our").
CONTACT: For any questions, consultations or suggestions, please send your comments through our contact form which can be found here.
2. Website Ownership
All intellectual and industrial property rights to the Website, as well as its contents, are and at all times, will remain the property of BIMBA Y LOLA, its affiliates or any third party licensor of BIMBA Y LOLA, so no user is authorised to make use of them, nor print or store them on any physical medium for any reason other than for personal and private use.
Use of the contents of the Website is authorised for information and service purposes only, whenever the source is referenced, and the user alone is liable for any misuse of the same. You agree not to use the Website in any way that will or may infringe any intellectual and industrial property rights or to circumvent, disable or interfere with any security-related features of the Website.
Accessing this Website does not give the user any right or ownership whatsoever to the intellectual or industrial property rights, nor to the contents it contains. Users who access this page undertake that they shall not: copy, modify, remove, delete, augment, interfere with, add to, distribute, transmit, reproduce, publish, adapt, translate, transfer or sell the aforementioned elements, nor create new products or services derived from the information obtained without the prior express written consent of BIMBA Y LOLA.
The user is strictly prohibited from misusing this Website, including but not limited to:
a) making any unauthorised alteration, modification, decompilation or commercial use of any part of the content or structure of the Website;
b) corrupting data or other content or information on the Website; and
c) using the Website to: commit or encourage a criminal offence; transmit or distribute viruses including but not limited to Trojans, worms, logic bombs; launch any denial-of-service or distributed denial-of-service attack; introduce any other software or technologically damaging or harmful material; send unsolicited advertising or promotional material; cause annoyance or inconvenience to any other user; or infringe upon the rights of any third party.
BIMBA Y LOLA reserves the right to take any pertinent legal actions, including but not limited to, against users who violate or infringe our intellectual and/or industrial property rights, or engage in conduct which amounts to an offence under the Computer Misuse and Cybersecurity Act (Cap 50) of Singapore or the Cybersecurity Act 2018 (No. 9 of 2018) of Singapore (or the equivalent in any relevant jurisdiction).
Should the user detect any suspicious activity that violates any of our or a third party’s intellectual or industrial property rights, or any other rights, we would ask that you notify us immediately via our contact form which can be found here.
The information provided on this Website is valid as of the date of the latest update. We reserve the right to modify the content on, and limit, suspend and block access to, the Website without advance notice.
We shall not be held liable for any damage or harm resulting from a denial-of-service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of you using the Website or downloading content from the same or those to which the Website redirects you. Due to the open nature of the Website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Website.
BIMBA Y LOLA reserves the right to block electronic links that redirect to this Website without express authorisation in advance.
If the Website contains links, or redirects you, to content owned by third parties (including any third party online payment gateway), BIMBA Y LOLA does not monitor, approve or have any control over the content of the said third party websites and assumes no liability whatsoever for the content contained on said third party websites, nor for the information contained therein. The inclusion of third party websites on the Website does not imply any association or relationship between BIMBA Y LOLA and such third party. Accordingly, BIMBA Y LOLA shall not accept liability for any damage or harm deriving from their use.
4. Terms and Conditions of Use
These Conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a consumer and our rights as a business.
These Conditions regulate the offer, purchase acceptance and delivery of BIMBA Y LOLA goods and/or services (“Products”) between you and us.
BIMBA Y LOLA offers the Products solely to end users who acquire said Products with no intention of reselling them.
A reference to an “end user” in these Conditions is a reference to any individual or legal entity that acts on the Website for purposes different from those corresponding to the commercial, business or professional activities normally undertaken.
BIMBA Y LOLA reserves the right not to fulfil any Order made by individuals or entities different from the end user. Only end users who have registered an account in compliance with these Conditions may acquire the Products sold through this Website.
5. Requirements for Becoming a User
In order to be a user of the Website there are 3 options:
a) Becoming a registered user;
b) Social logging using Facebook and/or Google accounts; or
c) Logging as a Guest user.
Becoming a registered user enables you to use services to acquire (with only two (2) clicks) any of the Products that may be offered on the Website and manage your Orders through your account (“Services”), browse through the different restricted-access areas included on the same, log in to your account to access the Services, receive personalized recommendations and special promotions and access to exclusive content. The Services will be provided by us using reasonable care and skill.
You may freely change your password through the procedures that we have put in place for that purpose. The replaced password will be cancelled as a means of identification as soon as you generate the new one.
We may block access and usage of the Website and the Services as and whenever deemed necessary by us for security reasons. Your access to and use of the Website and the Services will be blocked automatically following three (3) successive errors in entering the user access or identification codes. Take note that we will not be liable for any losses suffered by you arising from the blockage given that this action is necessary for security reasons.
We will provide the organizational and technical measures necessary on our computer equipment to ensure proper usage of the Website and the Services by the users and prevent unauthorised access that seek unauthorised disclosure of the user’s financial information that is accessible through the Website and/or the Services.
We do not warrant that your use of the Services will be uninterrupted or free from errors or vulnerabilities. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
It may be necessary for us to carry out scheduled or unscheduled repairs or maintenance, or remote patching or upgrading of the Website, which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Website. Any degradation or interruption in the Services during such maintenance shall not give rise to a refund of any sums paid by you under any Contract or any liability on us, nor shall it relieve you from your obligation to pay any sums due and payable under any Contract.
6. User Obligations
The user is obligated to:
a) provide BIMBA Y LOLA with all data necessary to access and use the Services that require advance identification, which must be and the user warrants is true, up-to-date and correct. Users are obligated to provide their personal details (including forename, surname(s), postal address, e-mail address and other contact details) truthfully and faithfully, and having awareness and understanding that we may use this information to contact the user if necessary. If you do not provide all of the information we require, we will not be able to process your Order. Otherwise, BIMBA Y LOLA shall not be liable under any circumstances for possible delays or failures in the delivery of the Products, arising as a result of any error or omission of the information provided by you;
b) refrain from placing fraudulent, false or speculative Orders. BIMBA Y LOLA reserves the right to cancel an Order and/or inform the pertinent authorities if we have reason to believe that to be the case;
c) when placing an Order on this Website, guarantee us that he is over eighteen (18) years old and is legally authorised to enter into and perform his obligations under this binding Contract;
d) take the necessary security precautions, both personal and material, to maintain the confidentiality of his username and password, as well as to notify BIMBA Y LOLA immediately in the event of loss, misplacement, theft, robbery or illegitimate access to his username or password, as well as knowledge of them by third parties;
e) use the Website and the Services properly, and always in compliance with applicable laws;
f) refrain from conducting any activity that hinders or interferes with the functionality of the Website or the Services; and
g) pay for any Products contracted through the Website, as well as any shipping and handling charges that may apply.
All notices or other communications given to you if:
a) communicated through any print or electronic media (as we may select), will be deemed to be notified to you on the date of publication or broadcast;
b) sent by email, will be deemed to be received by you twenty-four (24) hours after being delivered; or
c) sent by post or left at your last known address, will be deemed to be received by you three (3) days after any letter has been posted or on the day when it was so left.
You may only give notice to us in writing sent to our designated address or through the contact form which can be found here., and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
We may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
This condition shall not affect your rights under applicable laws.
8. Scope of the Offer
The Products offered are distributed exclusively within the territory of Singapore (except for P.O. boxes, military bases, army camps, hotels and most of the islands in Singapore).
Any Order with a delivery address located outside of Singapore will be rejected.
9. Contract With Bimba Y Lola and Order Acceptance
The content of our Website is an invitation to treat only. Until your Order has been accepted by us (even if your account has been charged), there is no legal contract between you and us. If your Order is not accepted and we have charged your account, the amount will be reimbursed in its entirety.
After you click the “Buy” button on the Website, you will receive a receipt confirmation e-mail. This email does not imply that your Order has been accepted, since it is an offer that you are making to us for a purchase of the Products. Orders are subject to our verification and acceptance. We will confirm acceptance of an Order by sending you an e-mail informing you that the Order is being delivered (“Delivery Confirmation”). Only when we have sent you the Delivery Confirmation shall the Contract between you and us be formalised, and only the Products listed in that Delivery Confirmation shall be covered by said Contract. We shall not be obligated to supply you with any other Products that you may have ordered until we confirm delivery of them in a separate Delivery Confirmation.
BIMBA Y LOLA may abstain from processing Orders that do not offer sufficient guarantees of solvency, or that are incomplete or incorrect, due to a lack of availability under clause 11, when the security systems indicate that the Order may be fraudulent, when there are reasons to indicate that you are below eighteen (18) years old, or if the Website or Services are unavailable, with no liability assumed with you, nor with any third party. Although we will make every effort to process all Orders, there may be exceptional circumstances wherein we may need to refuse to process an Order after having sent the Delivery Confirmation, which we reserve the right to do at any time, at our sole discretion. In any case, we are committed to keeping you informed, and if we have already charged your account for the amount of the Order, we will reimburse the sum paid in advance in full.
10. Returns Policy
You can cancel the Contract within the longer of the following periods:
a) thirty (30) calendar days following the date on which the Order (to which the Contract relates) was made; and
b) fourteen (14) calendar days following the day on which the Products (to which the Contract relates) were delivered to you, or a third-party (other than the courier), or, if the Products that made up your Order were delivered separately, within the fourteen (14) calendar days following the day on which the last of these Products (to which the Contract relates) were delivered to you, or a third party (other than the courier), such delivery as evidenced by the courier’s confirmation of delivery.
In the event of your cancellation of the Contract and return of the Products, BIMBA Y LOLA will refund the entire amount paid by you, including delivery costs (up to the maximum value of our least expensive standard delivery costs), as applicable. If the recipient of the Products is not the person who paid for them, the funds will be refunded to the person who made the payment.
If you have placed an Order for more than one Product and do not wish to return all the Products in the Order, we will only refund the amount for the Products you wish to return, without refunding all or part of the delivery costs on the basis that you acknowledge that the delivery costs are fixed and do not vary based on the number of Products included in the Order.
Products can be returned:
a) free of charge in any of our stores in Singapore (except corners in department stores, such as, but not limited to, Takashimaya); or
b) by courier, in which case you must pay all costs incurred in returning them, including but not limited to, transport charges. Under no circumstances can we accept returns sent with unpaid postage. We will not accept any liability for the loss or damage of, or delay in shipping to the wrong address of, any Products you wish to return to us. For this reason, we recommend you send them by registered mail or with acknowledgement of receipt. Likewise, you will be responsible for proving that the Products were returned. We therefore recommend you always return the Products via a safe system that certifies delivery.
In the event of returning Products by post or courier, please send the Products and the return form to the following address:
BIMBA Y LOLA Vivo City
1 Harbourfront Walk, UNIT #01-140
The right to cancel the Contract will be applicable provided that the Products are returned in the same condition as when you received them, together with their full original packaging, labels and all related accessories, as may be applicable. To exchange or return any Products involving jewellery and accessories, the safety seal must be kept intact. If the returned Products are not in the same condition as when they were delivered or if they have been damaged, or if they do not comply with such other stipulated terms (as may be determined solely by us), you will not be entitled to receive an exchange or a refund and we will return the Products to you with unpaid postage.
You will be liable for all losses in value of the Products due to handling, beyond that required to establish their nature, characteristics or how they work. No refund will be offered for returned Products that are damaged, incomplete, spoiled, used or soiled due to the fault of you or the recipient of the Products, and they will be returned to the sender of the returned Products and sent with unpaid postage.
Regardless of the payment system used to purchase the Products, the amount will be refunded as quickly as possible, and in any case, within fourteen (14) calendar days from the date on which BIMBA Y LOLA was informed of the user’s decision to cancel the Contract. Notwithstanding the above, BIMBA Y LOLA may withhold the reimbursement until it receives the Products, or until it has been provided with evidence of the Products having been returned, in accordance with whichever condition is met first.
You can exercise your right to cancel the Contract by giving notice to us in accordance with these Conditions.
There will be no right to cancel the Contract in either of the following cases:
a) the purchase of Customized Products, for which you do not have the right to withdrawal once the order for the Customized Products has been made. A reference to “Customized Products” in these Conditions is a reference to those Products whose elaboration is determined by an individual selection or decision by the user, or when the user has requested the customization of one of a Product's features or components, including but not limited to, the inclusion or engraving of a person's initials on the Product, however, excluding Products made based on standard options offered by BIMBA Y LOLA to the general public, such as in terms of colour, print, size, etc.;
b) for health and hygiene reasons, when purchasing Products involving sealed goods such as lingerie and swimwear, when the seals have been removed after delivery; or
c) for any Products expressly stated to be non-exchangeable and/or non-refundable.
10.1 Defective product returns
If you receive an erroneous Order or a defective Product, we ask that you contact us immediately, and in any case, within twenty-four (24) hours, indicating the error or defect, along with your personal details, via our contact form which can be found here..
Incidences will always be dealt with from the purchase market.
In the event of problems with the packaging, you must notify the courier service as soon as you receive the Product.
We will examine the returned Product carefully and notify you by e-mail within a reasonable period of time of your right to a replacement or a refund (if any). For Products that qualify for a valid return and/or replacement, as determined by us (“non-conforming Product”), BIMBA Y LOLA may offer the following remedies at its sole discretion:
a) Refunds: BIMBA Y LOLA may offer the user a partial or full refund of the price paid for the non-conforming Product.
b) Repairs: BIMBA Y LOLA may offer the user a repair of the non-conforming Product.
c) Replacements: BIMBA Y LOLA may offer the user a replacement Product in place of the non-conforming Product, such replacement being limited to a one-time replacement of the non-confirming Product only.
The non-conforming Product will be repaired or replaced as soon as possible and, in any case, within thirty (30) days of the date on which we sent the e-mail confirming that the non-conforming Product would be repaired or replaced.
If a defect is confirmed on the returned Products, the amounts paid for non-conforming Products that are returned to us will be reimbursed in full, including any delivery charges paid to send the non-conforming Product to you and the costs to you to return the same to us. The refund will be made using the same method as that of payment. All rights recognized by the applicable legislation are reserved.
In the event that the Product returned is not defective based on our examination, you will not be entitled to any refund or replacement of the Product. If we return such Product to you, you must pay all costs incurred in relation thereto, including but not limited to, transport charges.
10.2 Gift return
If you have received an item as a Gift, you must follow our usual procedure for returns contained herein in order to make an exchange or return. The amount paid for the Gift will be refunded to the person who made the purchase via the same payment method they used.
11. Product Availability
You accept that the Products offered in the online store on the Website are subject to stock limits. All Orders are subject to availability. If any of the Products are not available to fulfil your Order, we will inform you as soon as possible. At that time, you may cancel your Order. BIMBA Y LOLA reserves the right to remove or modify any Products offered on the Website at any time without prior notice.
12. Purchase Process
The following procedure has been established for placing Orders on the Website, which may be made in English.
The user must access the Services hosted on the Website that displays the Products that are available through that channel, with the following information:
a) description of the Products, including reference, size, characteristics, colours, composition and photographs;
b) unit price;
c) delivery charges; and
d) offer validity conditions, if any.
Once you have selected the Products, you must add them to the shopping basket icon included on the Website, indicating the number of each Product that you wish to acquire. Add items directly from the grid to your Shopping bag by selecting the item using the quick shop icon and the size (if applicable). From a product page, select color and size (if applicable), and simply add to your Shopping bag clicking on “ADD TO BAG”.
You can access the shopping basket summary that you must accept by clicking the "Checkout” button, which will display the following information:
d) unit price;
e) total price of each Product acquired;
f) total price of the purchase; and
g) delivery charges
If you wish choose to send an Order as a Gift, simply tick on the box “It´s a gift” and write a gift-card message.
If you have a promotion code, you must enter it at this time to take advantage of the applicable conditions. Next, you must provide your details. If you are a registered user, you must provide your username and the corresponding password. If you have not registered previously, you must create an account on the Website.
Once the user has inputted their details they will access the “Shipping method” section, where they will be able to revise and/or modify their delivery. They will then proceed to the “Payment method” section where you shall see the method of payment, and they will need to accept these Conditions and proceed by clicking on the “Place order” button.
Once you have completed the "Payment method” section, you will receive an e-mail when we have received your Order in which we inform you of the data corresponding to the Order. Likewise, we will analyse the Order to determine if it meets all of the requirements for processing. Once we have completed the verification, we will send you a Shipping Confirmation or an e-mail rejecting the Order.
13. Shipping Policy
The Products are delivered through a courier service. Your Order will be delivered within fifteen (15) working days from the date of the Delivery Confirmation.
Standard delivery is $5. Standard delivery is free for all Orders over $125.
Once the Order has left our warehouses, we will send you an e-mail notifying you that your Order has been accepted and is being delivered.
Orders will be delivered to the delivery address that you provided on the “Shipping method” section (on the Website), so it is important that you pay special attention when completing the delivery address data. We will not be held liable if the delivery address is incorrect or incomplete.
You can track the status of your Order in the “Account” section of our Website.
For security reasons, BIMBA Y LOLA will not send any Orders to post office boxes or military bases, nor will Orders be accepted when it is impossible to identify the Order recipient or his address.
When selecting PayPal as your method of payment, no changes can be made to the delivery address once the Order has been made.
14. Inability to Deliver
If you do not receive your Order in the timeframe indicated for your chosen delivery method, as detailed in the above section, please contact BIMBA Y LOLA to inform us of this on the contact form that can be found here..
If it is impossible to carry out delivery of an Order, the courier company will contact you to arrange a new delivery date. If, in this case, you wish to modify the delivery address and/or delivery method from that selected originally, you will be responsible for any additional costs that this may incur.
If within fifteen (15) calendar days from the date on which the courier company contacts you to arrange a new delivery date, the courier company does not receive a reply from you and the Order cannot be delivered, the Order will be returned.
Once returned Orders are received in our warehouse, we will proceed with the refund of the Order amount and delivery charges (up to the maximum value of our least expensive standard delivery costs). Note that you will be liable for the cost of returning the Order to our warehouse.
BIMBA Y LOLA shall use its reasonable endeavours within its discretion to meet any estimated delivery dates for the Products. To the fullest extent permitted by law, BIMBA Y LOLA shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery, nor will any delay in such delivery entitle the user to terminate or suspend the Contract.
When your Order is delivered you should check to ensure that items have been received correctly. If there are any errors or problems with your Order you should contact BIMBA Y LOLA via email indicating your personal details, Order number and the discrepancies and/or problems found, and we will contact you as soon as possible in order to resolve the situation.
15. Transfer of Risk and Ownership
The user takes ownership of the Products when he receives the Delivery Confirmation and the Products leave from our warehouse. Risk of damage or loss of the Products is transferred to the user as soon as the Products are delivered.
16. Currency, Taxes, Price and Payment Method
The prices on our Website are shown in Singapore Dollars (“SGD”) and are inclusive of Singapore goods and services tax. Any purchase made on our Website is also subject to any other tax or duty according to applicable laws.
The delivery charges are added in the purchase summary before making payment.
BIMBA Y LOLA reserves the right to modify the prices shown on the Website without prior notice.
The price of the Products will be as stipulated on our Website at all times, except in the case of obvious error. Although we make every effort to ensure that all prices listed on the Website are correct, errors may occur. If we discover an error in the price of the Products that you have ordered, we will inform you as soon as possible, giving you the option of reconfirming the relevant Order at the correct price or cancelling it. If we are unable to contact you, the Order will be cancelled and any amounts paid will be reimbursed in full.
We are not obligated to provide you the Products at an incorrect lower price (even if we have sent you the Delivery Confirmation) if the error in the price is obvious and unmistakable and could reasonably be recognized by you as an incorrect price.
All rights recognized by the applicable legislation are reserved.
BIMBA Y LOLA accepts payments for the Products made via credit or debit card (Visa, Visa Electron, Mastercard, Maestro, JCB and China Union Pay), and Pay Pal.
To protect credit/debit card payment security, we use secure payment systems. The confidential payment data is transmitted directly and encrypted to the financial entity. When you make the payment over a secure payment gateway, the system will automatically verify that the credit card is activated for secure electronic commerce. The issuing bank will authorize the operation.
Credit cards and debit cards are subject to verification and authorization by the card issuing entity. If such entity does not authorize the payment, we shall not be liable for any delay or failure to deliver the Products and we will be unable to conclude any Contract with you.
BIMBA Y LOLA reserves the right to verify your personal details and take appropriate measures to ensure the proper delivery of the Products.
17. Gift Option
Our website offers you the option to send Products as gifts (“Gift”). To do this, you should make the purchase via your computer in the usual way, entering the delivery address for the recipient of the Gift and select the "Gift” option. You can write a personalized message for the recipient. By selecting this option, the Gift will be wrapped in a single parcel.
18. Purchase Limits
For security reasons, you cannot place Orders in excess of $4,500 nor containing over thirty (30) Products within a fifteen (15) day period. If you are interested in making purchases in excess of this amount or quantity, please contact us via our contact form which can be found here..
19. Product Guarantees and Information
The Products offered on our Website are a carefully selected sample of our collection. We have taken special care in showing the colours and characteristics of our Products with great precision. Of course, each monitor is calibrated differently, and we cannot guarantee that your monitor shows entirely true colours or characteristics. The Product image as seen on the Website may differ slightly from the actual Product that you receive.
20. Liability and Exemption From Liability
Nothing in these Conditions shall exclude or limit our liability for death or personal injury caused by our negligence, fraudulent statements, and any other liability that may not be excluded or limited according to applicable laws.
Unless expressly stated to the contrary, and to the fullest extent that the applicable laws allow, we shall not be liable for any damages whatsoever, including but not limited to, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use, performance or failures of the Website (and any materials posted thereon) and/or the Services, and otherwise in connection with these Conditions, irrespective of whether such damages were foreseeable or arise in contract, tort (including negligence), misrepresentation, equity, restitution, by statute, at common law or otherwise.
Our total liability to you under a Contract shall not exceed the price of such Contract (including the price of the Products and any delivery charges thereunder).
To the fullest extent that the applicable laws allow, you agree to indemnify, defend and hold harmless BIMBA Y LOLA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs arising from your use of the Website, the Services, or your breach of these Conditions.
21. Events Beyond Our Control
Notwithstanding anything to the contrary herein, we shall not be held liable for any non-compliance or delay in compliance of any of the obligations assumed under these Conditions or in a Contract, when the cause is due to events that are beyond our reasonable control ("Force Majeure").
Force Majeure includes any act, event, lack of service, omission or accident that is beyond our reasonable control, especially including but not limited to the following:
- Strikes, lock-outs, labour disputes or other protest measures;
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war;
- Epidemics, pandemics, infectious diseases, global health or other life-threatening emergencies;
- Fire, explosion, storm, typhoon, flooding, earthquake, sinking, epidemic or any other natural disaster;
- Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private;
- Inability to use public or private telecommunication systems;
- Breakdowns in electronic or computer information or communications systems; and
- Acts, decrees, legislation, regulations or restrictions by other governments.
Our obligation to fulfil any Contract shall be understood to be suspended during the period in which the Force Majeure situation remains in effect, and we shall be granted an extension equivalent to the period of time during which performance of the obligation has been delayed or failed to be performed.
a) These Conditions shall constitute the entire agreement between you and us relating to the subject matters hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matters hereof.
b) Nothing in these Conditions or a Contract shall create or be deemed to create a partnership, a joint venture, an agency, fiduciary relationship or a relationship of employer and employee between you and us.
c) If any clause in these Conditions or a Contract shall become or shall be 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 Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
d) You may not assign your rights or transfer your obligations under these Conditions or a Contract without our prior written consent. We may assign our rights and transfer our obligations under these Conditions or a Contract to any third party without your prior consent. These Conditions and any Contract shall be binding on and inure for the benefit of the respective legal representatives, successors in title and permitted assigns of the parties.
e) A person or entity who is not a party to these Conditions or a Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore or any similar legislation in any jurisdiction to enforce any term of the same, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Conditions or a Contract.
f) No failure or delay by us or you in exercising any right or remedy under these Conditions or a Contract shall operate as a waiver of such right or remedy 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 Conditions or a Contract. Our rights and remedies contained in these conditions are cumulative and not exclusive of rights or remedies provided by law.
g) All dealings, correspondence and contacts between you and us shall be made or conducted in the English language.
h) BIMBA Y LOLA reserves the right to alter, modify, add to or otherwise vary these Conditions from time to time at its sole discretion without prior notice, and in such manner as it deems appropriate. The user shall be bound by these Conditions so amended and should therefore read them before the placement of each Order. In any event, if user continues to use the Website and the Services after such amendment, the user shall be deemed to have accepted the amendments.
i) The user agrees to perform all such acts and things and/or to execute and deliver all such documents, as may be required by law or as may be necessary for giving full effect to any Contract and securing to BIMBA Y LOLA the full benefit of the rights, powers and remedies conferred upon BIMBA Y LOLA by such Contract.