Terms and Conditions of Use

These are the Terms and Conditions of Use (the “Terms and Conditions”) for your use of the sites owned, controlled and managed by Fantastic Natural Cosmetics (Singapore) Pte Ltd (“FANCL”), including www.fancl-sg.com and iFANCL App (the “Sites”). You may be accessing our Sites from a computer or a mobile device (e.g. through the iFANCL mobile App).

By accessing or using the Sites, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by the following Terms and Conditions (the “Terms and Conditions”). If you do not agree to be bound by these terms and conditions, you should not download the Application and/or please terminate this Agreement immediately by removing the Application from your mobile device.

1.      Membership Registration

If you have registered to be a FANCL Member through the use of the Sites, please kindly note the following:

(i) Each customer can only sign up for one membership account and valid for individual use only.

(ii) You warrant that the personal information, such as name, email address, mobile number and date of birth, which you have provided upon registration is complete and accurate in all respects;

(iii) You must create and enter a password upon registration; such password will be used to verify your FANCL Membership and to enable you to gain access to the Sites; your password may be changed at any time after registration;

(iv) You are responsible for maintaining the confidentiality of your password and you must not under any circumstances disclose your password to any third parties;

(v) You authorize us to assume and deem any use of, access or logon to the Sites using your Membership number and password to have been so used, accessed or logged on by yourself or by persons authorized by you.

2. Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with FANCL, you will be required to provide us with your personal details. In particular, you will be required to provide us with your name, postal address, e-mail address and/or other contact details as indicated. In addition, you must be over 18 years of age and are legally eligible to enter into binding contracts. Otherwise, FANCL retains the right to refuse any request made by you. All prices advertised are subject to changes.

2.1 Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit card.

2.2 Pricing and Payment

Prices shown on the Sites are in Singapore Dollars (SGD) and are inclusive of GST, but do not include any applicable shipping or delivery fees. Delivery fees will be charged where applicable and will be included in the order total upon checkout. Prices or shipping are subject to change effective immediately upon posting of such price changes to the Sites or other form of notification. 

Whilst we try and ensure that all details, descriptions and prices which appear on the Sites are accurate, errors may occur. If we discover an error in the price of any products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. 

The Sites may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the product(s) that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

You may pay for your purchases using a credit card (Visa or Mastercard) issued in Singapore, payments are subject to verification and authorization by the card issuer. If the issuer does not authorize payment, FANCL shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.

2.3 Delivery

The products displayed on the Sites can be ordered and delivered within Singapore only. Subject to the availability of the products you have ordered, FANCL will endeavor to deliver the order consisting of the product(s) listed in each Shipping Confirmation by the date indicated in the Shipping Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method. 

Nevertheless, you may occasionally experience delays in delivery for reasons such as a high volume of orders being received by FANCL during sale periods, holidays or the occurrence of unforeseen circumstances. If we are unable to comply with the delivery date for any reason whatsoever, we will inform you and we will give you the option to continue with the purchase and establish a new delivery date. Please note that in any case, our couriers do not deliver on Saturdays, Sundays or bank holidays.

For the purpose of these Terms, a “delivery” shall be understood to have taken place or the order deemed “delivered” as soon as you or a third party indicated by you acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at your chosen delivery address.

2.4 iFANCL/FANCL Member (the “Member”)

If you are a Member, you will be able to earn and redeem points through the same access system and mechanism as if you are purchasing the product(s) offline.

3. Exchanges and Cancellations (the “Return Policy”)

3.1 Order Changes/ Cancellations

Orders cannot be altered or cancelled after confirmation. Please ensure that you have entered the correct delivery address as FANCL will not be liable for orders delivered to incorrect addresses provided.

All promotional items and items for redemption are available only while stocks last. All orders shall be confirmed depending on the availability of the items. In the event that FANCL is unable to provide any item on your order, the item will be deleted from the order, and the invoice and/or gift points will be altered accordingly. 

3.2 Exchange

FANCL accepts exchanges of defective, wrong/missing items. 
All exchanges should be requested within 7 days of receipt, subjected to the following terms and conditions:
(i) Item(s) must be in its original purchased & saleable conditions;

(ii) Packaging must be unopened, unused, unmarked and not defaced in any manner;

(iii) Items purchased as part of a set or a multi-item pack must be returned as a whole set;

(iv) This exchange policy includes items which have been stated as non-exchangeable;

(v) Purchase must be made at FANCL stores or via iFANCL Singapore App;

(vi) Shipping costs associated with the exchange of the product will not be covered by FANCL;

Non-exchangeable Items include, but are not limited to:
(i) Any item without proper proof of purchase;

(ii) Any item that fails to be delivered back to stores for inspection;

(iii) Any item with damage that is caused by inappropriate storage by customers;

(iv) Any voucher, discount, clearance or sales product;

(v) Any free gift or sample gift;
Please contact FANCL Customer Service (see below) within 7 days upon receipt of the item(s) (based on the delivery record) with the following information:
- Order Number;
- Name & Contact Details 
- Image of the Item/Parcel(s) received;
- Details of the returning item, and reason(s) for the return.
FANCL Customer Service Email: enquiry@fancl-sg.com 
with email subject: Exchange (Order Number)

4.      On Members’ exclusive promotional offers, please note the following:

(i) All exclusive promotional offers will only be applicable during the specified promotional period.

(ii) Members’ exclusive promotional offers are for the exclusive use of selected Members, and can only be used once, and are not transferable.

(iii) Promotional offer coupons or cash coupons with valid serial numbers must be presented when using Members’ exclusive promotional offers.

(iv) Method of calculation of discount for specific product coupons: We will first deduct the coupon value from the price as specified on that promotional offer coupon, and then calculate the Member’s discount based on the discounted amount, thus allowing Members to enjoy double benefits.

(v) Product promotion coupons cannot be redeemed for cash, and cannot be used in conjunction with other cash coupons.

(vi) In case of any disputes, our decision shall be final.

5.      Promotional activities

We may provide promotional activities on the Sites. By participating in promotions, participants have to agree to be bound by these Terms and Conditions as well as all promotional specific terms and conditions.

6.      Terms and Conditions for iFANCL Gift Store

The gift redemption in iFANCL Gift Store will be subject to the terms and conditions set out below: 

(i) Redemption of Gifts is only applicable to the Member, FANCL reserves the right to amend the membership criteria from time to time without prior notice.

(ii) Gift Points shown in “My Account” can be used for gift redemption in iFANCL Gift Store. Redeemable Gift Points balance are based on the records on our system.

(iii) Any application for redemption of Gift ("Redemption Application") received after the relevant Member's Account has been closed (voluntarily / involuntarily) shall not be valid and all Points on such Account will become void with effect from the date of such closure.

(iv) Members should login to the Site before viewing and placing his / her Redemption Application in iFANCL Gift Store

(v) FANCL reserves the right to change the list of Products and merchants available for redemption from time to time without notice under the iFANCL Gift Store. All Products are subject to availability and will be allocated on a first-come-first-served basis. Products may be subject to the applicable terms and conditions of the respective merchants. The respective merchants reserve the right to supply alternative products or services of similar quality or price to Members. For details, please refer to the individual Product or relevant offer and promotion.

(vi) Unless otherwise indicated, FANCL will not accept contractual, torts or any other kind of liability in respect of any Products supplied by third party merchants. All representations and warranties relating to quality, design, specifications or otherwise set out in the online redemption platform or any other channel as may be made available by FANCL in respect of such offers are made by the respective merchants. Accordingly, FANCL will not be responsible or liable for any death, injury, damage or loss suffered by any Member or any third party or to any of their property which is caused directly or indirectly by any of the Product provided to Members. Products are not returnable unless the Product suffers from any manufacturing defect or is damaged upon delivery/collection.  

(vii) Once the Redemption Application has been processed by FANCL, it is irrevocable and may not be cancelled or altered. No free trial period will be provided in respect of any Products.

(viii) Redemption Applications will be processed and fulfilled in the sequence in which they are received and accepted by FANCL.

(ix) No notification letter will be issued for rejected Redemption Applications. It is the Member’s responsibility to check the Redemption Application status online after submission.

(x) FANCL and respective Products' merchants have made every effort to ensure all information in the iFANCL Gift Store is accurate, however FANCL accepts no responsibility for any error or omission contained therein. FANCL reserves the right to make the final decision if there is any inaccuracy or omission.

(xi) To collect the Redemption items in person at shops, Members must present proof of his/her relevant valid iFANCL membership.

(xii) Fraud and abuse relating to the Redemption Application may result in the forfeiture of accumulated Gift Points as well as the cancellation of the Member account(s).

7.      Intellectual Property

All information and content contained on the Sites (collectively, the “Content”) are subject to and protected by copyright and any other intellectual property rights (“Intellectual Property”). We are the owner of all copyright. Neither the Content, nor any other portion of the Sites in whole or in part may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

8.      Your obligations and responsibilities

In the access or use of the Sites, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Sites. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Sites or any Content or services that may appear on the Sites and may not impair in any way the integrity or operation of the Sites. Without limiting the generality of any other provisions of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us.

9.      Third party links

We are not responsible or in any way liable for the content of any off-Website pages or any other sites linked to or from the Sites. Links appearing on the Sites are for convenience only and are not an endorsement by us of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, nor do we warrant the offerings of, off-Website pages or any other sites linked to or from the Sites, nor do we assume any responsibility or liability for the actions, content, products, or services of such webpages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Websiteite pages and other sites that you visit.

10.      Personal information (privacy) policy statement

FANCL respects the privacy and confidentiality of personal data you have submitted to us. We have implemented policies and practices to safeguard the collection, use, disclosure, storage and other processing of personal data provided to us. This Privacy Policy (the “Policy”) explains how we collect, use, disclose, process and retain your personal data you provide to us. Personal Data (as defined in the Personal Data Protection Act 2012 of Singapore (“PDPA”)) refers to “data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access.”

10.1 Collection of Personal Data
We may collect your Personal Data through various form, including but not limited to the following:
(i) When you provide your Personal Data through registering for and creating an account on the Sites;
(ii) download or access iFANCL App;
(iii) participate in a promotion or any website features;
(iv) request for a product or services information or to receive any marketing, promotional or other types of communications; 
(v) make purchases through our retail store or the Sites;
(vi) make enquiries or comments through our Customer Department through enquiry@fancl-sg.com; and/or /
(vii) interact with our sales staff or with us.

You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to provide you with certain products and services, or transact with you, that depend on the collection, use or disclosure of your Personal Data.

Types of Personal Data Collected includes but not limited to: 
- Name (first and last name);
- Email address;
- Contact Number (including mobile);
- Mailing address;
- Bank account/credit card details;
- Gender;
- Username and password;
- Date of birth;
- Any other Personal Data furnished by you.

10.2 Purposes for Collection, Use, Disclosure, and Processing of Personal Data

The above Personal Data mentioned in Clause 9.1 is collected for the purposes of processing  your application and registration of your membership and to ascertain if you are eligible for discounts, privileges or benefits or other related purposes; to conduct market research and analysis; for direct marketing through voice calls; text messages; email; direct mail and facsimile messages; for payment and/or credit control purposes; to notify you of any changes to our policies or services which may affect you; to respond to queries and feedback; maintaining and updating your membership details; to provide you with personalised services; to enable us to develop, deliver and improve our products, services, content and advertising; to administer our Sites; to improve your experience with us; and informing you of new developments, services, promotions of FANCL and our affiliates. 

In order to carry out the functions described above, FANCL may, from time to time, disclose your Personal Data between FANCL’ companies and affiliates. We will take all practicable steps to keep your personal data confidential but we may transfer such data to the following third parties:

(a)   Any agent, contractor or third party service provider who provides administrative, telecommunications, computer and other services to FANCL with respect to the operation of its business; and
(b)   Any person to whom FANCL is under an obligation to make disclosure under the requirements of any law binding on FANCL or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which FANCL is expected to comply.

10.3 Access and Correction of Personal Data

You may write in to us at enquiry@fancl-sg.com to find out what personal data we hold about you and how we have been using or disclosing your personal data over the past one year. When you make any such request, we may need to verify your identity (e.g. by checking your legal identification document).

We will try to respond to your request as soon as reasonably possible or within 30 days, as stipulated period in the PDPA from our receipt of your request. If we are unable to do so within the stipulated period, we will let you know and give you an estimate of how much longer we require. We may charge a reasonable fee for processing your request and we will let you know the amount of the fee before you incur it.

You may also ask us to correct an error or omission in the personal data we hold about you. We will correct the personal data as soon as practicable, or within 30 days or any response period prescribed by law, unless we are satisfied on reasonable grounds that a correction should not be made.

10.4 Withdrawal of Consent

You may withdraw your consent for the collection, use and/or disclosure of your Personal Data in our possession or under our control by submitting your request to enquiry@fancl-sg.com.

We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will subsequently not collect, use and/or disclose your Personal Data in the manner stated in your request, unless the law or the PDPA allows us to.

However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we may not be able to fulfill the transaction you have entered into with us or continue with your relationship with us, or send you information that you have requested, as examples depending on the circumstances.

10.5 Protecting, Storing and Retention of Personal Data

FANCL will ensure that its staff comply with strict standards, and ensure that the personal data you have submitted to us will be kept safely and in strict confidence.

FANCL will delete, as reasonably possible, or otherwise anonymise any Personal Data in the event that the Personal Data is not required for any reasonable business or legal purposes of FANCL and where the Personal Data is deleted from FANCL’ electronic, manual, and other filing systems in accordance with FANCL’ internal procedures and/or other agreements.

10.6 Change Policy

FANCL reserves the right to alter any of the clauses contained herein in compliance with local legislation, and for any other purpose deemed reasonably necessary by FANCL. You should look at these terms regularly. Any changes to this Policy will become effective when we post the revised Policy on our Sites. If you do not agree to the modified terms, you should inform us as soon as possible of the terms to which you do not consent. Pending such notice, if there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

10.7 Contacting the Data Protection Officer

If you have any questions about our collection, use, and/or disclosure of personal data about you; feedback regarding this Notice, or any complaint you have relating to how we collect, use, disclose and store personal data about you, you may contact our Data Protection Officer(s) at dataprivacyoffice@fancl-sg.com, Attention: Privacy Officer.

11.      Disclaimer and Limitation of Liability

We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Sites. We shall take reasonable and practicable steps to ensure that adequate security measures are in place, and to monitor all relevant risks during system operation.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (i) interruption of business; (ii) access delays or access interruptions to the Sites; (iii) data non-delivery, misdelivery, corruption, destruction or other modification; (iv) loss or damages of any sort resulting from use or access to the Sites and or any other websites through links from the Sites; (v) computer viruses, system failures or malfunctions which may occur in connection with your use of the Sites, including during hyperlink to or from third party websites; (vi) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (vii) events beyond our reasonable control.

12.      Applicable laws and jurisdiction

All use of and access to the Sites, and these Terms and Conditions shall be governed by and construed in accordance with the law of Republic of Singapore. All controversies and disputes arising out of or relating to the Sites and these Terms and Conditions shall be resolved through arbitration in the country/ jurisdiction whose law governs these Terms and Conditions.

The Sites shall be governed by the law of Republic of Singapore.

13.   Severability

This Agreement is severable in that if any provision hereof is determined to be illegal or unenforceable, the offending provision shall be stricken without affecting the remaining provisions of this Agreement.

14.      General provisions

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Sites, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right to modify the Sites’ Content and Terms and Conditions. Any modifications will be effective immediately. Your continued use of the Sites following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. We may, with or without prior notice, terminate any rights granted under these Terms and Conditions. You shall comply immediately with any termination or other notice.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and our company. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Each term and provision is independent and severable from other terms and provisions in these Terms and Conditions. In the event that any term or provision of these Terms and Conditions shall be adjudicated or adjudged unenforceable or invalid by any arbitral tribunal or court, such unenforceability or invalidity shall not render the other terms and provisions in these Terms and Conditions unenforceable or invalid.