Terms & Conditions

Terms and Conditions of Use

1. TERMS; ACCEPTANCE

Welcome to www.epicgear.com.sg. These General Terms of Use ("Terms") are offered to you by Epic Gear Pte Ltd (“Epic Gear”) and govern your use as a visitor to www.epicgear.com.sg and/ or other websites (including any social media sites, mobile webpages and application store pages) managed by Epic Gear that reference the Terms (“Epic Gear Sites”). Please read these Terms carefully. By using, accessing and/or visiting the Epic Gear Sites , you accept and agree to these Terms. If you do not accept and agree to the Terms, you should immediately stop using, accessing, and/or visiting the Epic Gear Sites.

Please also carefully read Epic Gear's Privacy Policy, located here. By agreeing to these Terms, you also agree to and accept our Privacy Policy.

In addition to the Terms and Privacy Policy, other and/or additional terms may apply in certain limited instances, such as when you register a Product or a service, sign up for a promotion, opt-in to receive email, or download software. Epic Gear will present such terms to you before you register, sign up, opt-in, or download.

2. MODIFICATIONS

We reserve the right to make changes at any time to the Epic Gear Sites, these Terms, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the Terms by posting the new Terms on the Epic Gear Sites. Please consult these Terms regularly for any changes. Your use of the Epic Gear Sites following any changes to the Terms will signify your acceptance of the revised terms.

3. ACCESS TO AND USE OF THE EPIC GEAR SITES

Subject to these Terms, Epic Gear grants you a limited license to access and use the Epic Gear Sites for your personal, non-commercial use. However, except as otherwise provided in these Terms, the contents of the Epic Gear Sites is owned by or licensed to Epic Gear, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download or modify an Epic Gear Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Epic Gear Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of www.epicgear.com.sg so long as the link does not portray Epic Gear Pte Ltd or www.epicgear.com.sg in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other "hidden text" utilizing Epic Gear Pte Ltd or Epic Gear's name or trademarks to reference the Epic Gear Sites without our express written consent. You may not use disguised referrals to link to any Epic Gear Site. Without our prior written consent, you may not exploit the Epic Gear Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Epic Gear Sites only with involvement of a parent or guardian. Any unauthorized use of the Epic Gear Sites or use in violation of these Terms terminates this limited license.

4. REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR EPIC GEAR PTE LTD TO MONITOR; ELECTRONIC COMMUNICATIONS

Epic Gear gives visitors to the Epic Gear Sites the option of posting product reviews or various other opinions and comments ("Your Comments") on specified sections of the Epic Gear Sites. To do so, you may have to provide personal information (for more information regarding usage of this, see oour Privacy Policy). You retain ownership of Your Comments, but by posting you grant Epic Gear Pte Ltd a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media Epic Gear Pte Ltd in its sole discretion selects. You grant Epic Gear Pte Ltd and sub-licensees the right in our sole discretion to use the name that you submit in connection with such content, but Epic Gear Pte Ltd shall at all times use the name and content in accordance with our Privacy Policy. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You represent and warrant that you own or otherwise control all of the rights to, and/or have a right to post, the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury or damage to any person or entity; and that you will indemnify Epic Gear Pte Ltd for all claims resulting from content you supply.

The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Epic Gear Pte Ltd in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of "spam."

Epic Gear Pte Ltd takes no responsibility and assumes no liability for any content posted by you or any third party. Epic Gear Pte Ltd may monitor, review or edit such content you or others post or submit, but is not obligated to do so.

When you visit an Epic Gear Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Epic Gear Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. PRODUCTS

EPIC GEAR ONLINE STORE

The Epic Gear Online Store is located in Singapore. In certain regions, a third-party service provider administers and/or operates our online store. In such cases, the third-party service provider terms of sale and privacy policy govern the online store and online purchases.

PRODUCT AND SUPPORT DESCRIPTIONS

We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Epic Gear Sites is accurate, complete, reliable, current, or error-free. If you purchase a product either through the Epic Gear Online Store on www.epicgear.com.sg or through an authorized retailer and or/ authorized platform, and you believe it is not as described on the Epic Gear Sites, or you believe you have not received support for your product as provided in the Limited Warranty, your sole remedy is to contact us and any remedy will be at our sole discretion. You agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you make a purchase. We reserve the right to correct our mistakes, errors or omissions by either cancelling your order or offering you alternative options.

LIMITED WARRANTY

For information about the Limited Warranty for products sold at the Epic Gear Sites, please visit this link.

RETURN POLICY

For information about the Return Policy for products purchased at the Epic Gear Sites, please visit this link.

USER ACCOUNTS

To obtain access to enhanced features for certain products, and/or access to certain features or promotions on the Epic Gear Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Epic Gear Pte Ltd immediately of any unauthorized use. Epic Gear Pte Ltd reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at Epic Gear's reasonable discretion.

DOWNLOADS

We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Epic Gear Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Epic Gear Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Epic Gear Sites or its products sold in the Epic Gear Sites, which is downloaded from sites or sources outside the Epic Gear Sites.

6. SUPPORT

Epic Gear Pte Ltd provides customer support services ("Support Services") in accordance with these Terms, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here. Epic Gear Pte Ltd will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.

7. INTELLECTUAL PROPERTY MATTERS

COPYRIGHT

All content included on the Epic Gear Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Epic Gear Pte Ltd and/or its licensors and protected by international copyright laws and other laws and regulations. All software and other materials available for download from the Epic Gear Sites are, unless otherwise stated, the property of Epic Gear Pte Ltd and protected by international copyright laws. By downloading content from the Epic Gear Sites, you hereby agree to use the content only for the intended or stated purpose, and not to make any reproductions, modifications or alterations to the content in any way whatsoever.

TRADEMARKS

" Epic Gear Pte Ltd ", the Epic Gear “eg” Logo, the names of products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Epic Gear Pte Ltd. You may not use the foregoing in any manner that disparages or discredits Epic Gear Pte Ltd or is likely to cause confusion among customers. You may not use Epic Gear's trademarks and/or trade dress in connection with any product or service without our express written consent.

USER FEEDBACK AND UNSOLICITED IDEAS

If you have feedback on how we can better improve our services, you are welcome to contact us via the methods available at out Contact Us page. Any feedback you provide is deemed to be non-confidential and non-proprietary. Epic Gear Pte Ltd shall be free to use such information on an unrestricted basis.

Outside of the above-mentioned feedback avenue, Epic Gear Pte Ltd does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an "**Unsolicited Idea**"). Kindly refrain from sending any Unsolicited Ideas in any form to Epic Gear Pte Ltd or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of products sold in Epic Gear Sites, services provided by Epic Gear Pte Ltd or activities to an Unsolicited Idea.

If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Epic Gear Pte Ltd owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Epic Gear Pte Ltd has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Epic Gear Pte Ltd from all liabilities, damages, losses, costs and expenses arising from Epic Gear's use of the Unsolicited Idea.

COPYRIGHT INFRINGEMENT

Epic Gear Pte Ltd respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Epic Gear Sites without your authorization and you claim infringement, then you should provide the following information to us:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.1. identification of the copyrighted work claimed to have been infringed.1. identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Epic Gear Pte Ltd to locate the material. 1. information reasonably sufficient to permit Epic Gear Pte Ltd to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 1. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 1. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. DISCLAIMER OF WARRANTIES

YOUR USE OF THE EPIC GEAR SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE EPIC GEAR SITES AND ALL CONTENTS THEREON ARE PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPIC GEAR PTE LTD AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EPIC GEAR SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. EPIC GEAR PTE LTD MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE EPIC GEAR SITES OR OF SITES LINKED TO THE EPIC GEAR SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE EPIC GEAR SITES OR ANY HYPERLINKED WEBSITES. EPIC GEAR PTE LTD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE EPIC GEAR SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE EPIC GEAR SITES.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL EPIC GEAR PTE LTD, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE EPIC GEAR SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE EPIC GEAR SITES OR DOWNLOADABLE MATERIALS), EVEN IF EPIC GEAR PTE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EPIC GEAR'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose.

10.MISCELLANEOUS GOVERNING LAW AND JURISDICTION

You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and Epic Gear Pte Ltd in relation to your use of the Epic Gear Sites and these Terms.

You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT

These Terms and other legal notices published by Epic Gear Pte Ltd on the Epic Geaar Sites applicable to an activity you engage in shall constitute the entire agreement between you and Epic Gear Pte Ltd concerning the Epic Gear Sites. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Epic Gear's failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Epic Gear Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but Epic Gear Pte Ltd may assign these Terms without restriction.

INDEMNIFICATION

You agree to indemnify, defend and hold Epic Gear Pte Ltd, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Epic Gear Sites and/or any action by you which violates any law, regulation or rights of a third party.

LINKS TO THIRD PARTY WEBSITES

The Epic Gear Sites may contain links to third-party websites. You acknowledge and agree that Epic Gear Pte Ltd does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Epic Gear Pte Ltd of the third-party websites. If you access such websites via the links, you do so at your own risk.

TERMINATION

Without prior notice, Epic Gear Pte Ltd may terminate your license to access the Epic Gear Sites and/or your user account if you violate or breach the Terms or for any other reason, including Epic Gear's discontinuance of the Epic Gear Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.

Terms and Conditions of Sale

1. SCOPE

These General Terms of Sale ("Terms of Sale") are offered to you by Epic Gear Pte. Ltd. and govern all offers, sales and purchases of any products (including hardware and software) and/or services offered by Epic Gear Pte Ltd (collectively to be referred to as "Products") through the Epic Gear Online Store at www.epicgear.com.sg ("Epic Gear Online Store"). Please read these Terms of Sale carefully. By making an offer to purchase any Product, you accept and agree to these Terms of Sale and any amendments to these Terms of Sale from time to time. If you do not accept and agree to the Terms of Sale, you should immediately cancel any offer to purchase the Products. Nothing in these Terms of Sale shall prejudice or limit rights granted by applicable mandatory laws.

The General Terms of Use set out in https://www.epicgear.com.sg/content/3-terms-conditions. ("ToU") are incorporated herein by this reference and collectively, these Terms of Sale and the ToU constitute the entire agreement between Razer and you in relation to the purchase of the Products. In the event of any inconsistency between the ToU and the Terms of Sale, the Terms of Sale shall prevail. Capitalized terms not otherwise defined herein shall bear the meaning assigned to them in the Main ToU.

2. PURCHASE OF PRODUCTS

Purchase of Products through the Epic Gear Online Store shall be subject to the following terms and conditions:

A. YOUR COMPLIANCE

You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the Epic Gear Online Store.

B. PRODUCT AND SUPPORT DESCRIPTIONS

We attempt to be as accurate as possible in the descriptions of our Products and support services. However, we do not warrant that any Product and/or support descriptions or other content on the Epic Gear Online Store is accurate, complete, reliable, current, or error-free. You agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you make a purchase.We reserve the right to correct our mistakes, errors or omissions by either cancelling your order or offering you alternative options.

We attempt to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or furnishings included in the product image, they may be purely for illustration purposes and will not be included in the final sale of the product.

Due to technology limitations and the use of manual assembly for some parts of our products, you should be aware that actual products may vary slightly from their images in the SG store. However, these variations should not be major.

C. PLACING AN ORDER

You may place an order ("Order") by completing the requisite forms on the Epic Gear Online Store. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. All Orders are final, non-cancellable and non-refundable.

Any prices and descriptions on the Epic Gear Online Store are subject to availability, do not constitute an offer to purchase a Product and may be revised by us at any time. Accordingly, all Orders shall be subject to our acceptance and each Order is accepted by us when we accept your payment and dispatch your Order (such acceptance to be referred to as "Acceptance"). Prior to the Acceptance, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly, we shall not be liable for any loss, liability or damage which may be incurred as a result. You acknowledge and agree that any automatic email acknowledgement of your Order does not constitute an Acceptance of your Order. For the avoidance of doubt, we reserve the right to: (i) decline to process or accept any Order received from or through the Epic Gear Online Store at our absolute discretion; and (ii) prohibit the re-sale of certain Products that are identified as "not for resale" at the time you place an Order.

We may keep records of all Orders, Acceptances and any other related documentation for a reasonable period after Acceptance.

D. CANCELLATION OF ORDERS

We will cancel your Order if: (i) we are unable to accept your Order within a reasonable time from your date of Order (with the exception of pre-orders); (ii) payment for your Order is incomplete. If we cancel your Order, we will refund any prior payment that you have made for that Product.

E. LIMITED WARRANTY

For information about the Limited Warranty for Products, please visit this link.

F. RETURN POLICY

All sales are considered final and we do not accept any returns for products sold except for situations arising from mistakes, errors or omissions on our part. In this case, we reserve the right to provide any remedy at our sole discretion. 

You acknowledge and agree that in the event you qualify for a refund of the purchase price of any Products, such refund shall not include any administrative fees that credit card companies may charge for the processing of any payment ("Adminstration Fees"). Such Administration Fees shall be borne by you.

3. PRICE AND TERMS OF PAYMENT

You acknowledge and agree that in the event there is any price discrepancy for the Products, the authoritative price is the price notified to you on our Acceptance. If a pricing error is obvious, you agree that we don’t have to sell you the Products at the incorrect (lower) price and you have the right to cancel your order after we alert you of our mistake.

We reserve the right, at any time before our Acceptance, to notify you of: (i) any revision in the prices of the Products to factor in any changes to the cost of the Products. Such changes include without limitation changes to the tax rate or levy and any variation in the applicable exchange rates; and/or (ii) any changes to the description of the Products. If you choose to continue with the fulfilment of your Order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.

The countries in which we can deliver the Products are set out in the Epic Gear Online Store. We reserve the right to amend this list of countries at any time and shall not be liable to you for any such amendment to the list of countries or the imposition of any new condition in relation to any country.

Unless stated otherwise, all prices of the Products set out on the Epic Gear Online Store shall be exclusive of: (i) any shipping cost (unless you qualify for free shipping based on the terms set out on the Epic Gear Online Store); (ii) any sales tax or duty, customs charge (including but not limited to customs charges), import duty and tax (where applicable); and (iii) Cross Border Fees (collectively, the "Additional Cost"). Such Additional Cost shall be borne by you.

Payment in full must be made before our Acceptance using the payment methods as provided for on the Epic Gear Online Store. We will charge credit and debit cards before dispatch of the Products or the commencement of any services.

You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We shall not be liable for any billing errors unless you advise us of such billing error within fourteen (14) working days from the date of Acceptance. In the event such billing error is attributable solely to us, we will cancel your Order and/or refund any prior payment that you have made for that Product. We will also allow a re-order of that Product.

4. DELIVERY, RISK AND LIABILITY

Any delivery time lines stated on the Epic Gear Online Store or in any other acknowledgements are for indicative purposes only. We will endeavor to keep within such time lines but we shall not be liable to you in respect of any delay.

Subject to our Acceptance, we will deliver the Products to the address submitted by you. If you change your address after submitting an Order, we reserve the right to charge you for any additional cost incurred by us as a result of such change. We also reserve the right to cancel your Order if: (i) the address submitted by you is that of a freight forwarder or a forwarding agent; (ii) you place an unusually large Order; or (iii) there is a high volume (beyond the usual amounts) of Products sent to the shipping address specified by you.

Notwithstanding anything to the contrary, the risk of loss or damage to Products passes to you on the earlier of: (i) delivery; or (ii) when placed in your possession or that of any carrier provided by you.

You are not entitled to, in whole or in part, reject any Products or fail to take delivery of any Products unless: (i) it is expressly provided for in these Terms of Sale, any applicable Returns Policy or any applicable law that cannot be excluded or limited; (ii) the Products are damaged or lost in transit (where the Products are carried by our own carrier) and provided you notify us within the time lines stipulated in our Returns Policy (if damaged) or within fourteen (14) working days of the estimated date of delivery (if lost); or (iii) there are defects in the Products that are not caused by your actions, omissions, neglect or default and provided you notify us within the time lines stipulated in our respective Returns and Warranty Claim Policies.

Save as set out above, if you reject or fail to take delivery of such Products, any risk of loss or damage to the Products shall nonetheless pass to you. Further, without prejudice to any other rights or remedies available to us, we reserve the right to: (i) effect delivery by any means we consider appropriate (at your cost); and/or (ii) charge you for any costs incurred as a result of your rejection or failure to take delivery, including without limitation any storage cost.

In the event of: (i) any short delivery; (ii) failure to deliver; or (iii) any defect or damage to a Product, we may, in our sole discretion: (a) deliver the Products pursuant to any short delivery or failure to deliver; (b) replace or repair the Products in accordance with our Limited Warranty and/or Returns Policy; and/or (c) refund the price paid for any damaged or defective Product.

Without prejudice to our Limited Warranty and/or Returns Policy, we shall not be liable for damages or losses arising from: (i) any use that is inconsistent with our specifications or instructions; (ii) use of the Products with other defective or unsuitable equipment or software; or (iii) your negligence.

5. SOFTWARE

All software (including pre-loaded software contained in hardware) is provided subject to such software's end user license agreement. You agree that you shall be bound to such end user license agreement.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL EPIC GEAR PTE LTD, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF EPIC GEAR PTE LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EPIC  GEAR PTE LTD’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.

Without prejudice to the foregoing and to the fullest extent permitted by law, we shall have no liability to you if the Products infringe or are alleged to infringe any rights (including intellectual property rights) of any third party.

7. LICENSES & EXPORT LAWS

You are responsible for obtaining (at your own expense) any license or consent from any government authority (or any other authority) that is required for the purchase, transport or use of the Products. You agree to provide evidence of such license or consent upon our request.

You agree to comply with any export control laws or regulations that are applicable to the purchase, transport or use of the Products.

8. YOUR REPRESENTATIONS

You shall maintain and promptly update your account information that is stored with us and shall secure such information (including but not limited to your username and password) against any unauthorized access.

You represent to us that all information provided by you when placing your Order is up to date and is sufficient for us to process your Order. You shall not assume any warranty, commitment or obligation on our behalf without our express prior written consent.

9. PERSONAL INFORMATION AND PRIVACY POLICY

When you make an offer to purchase a Product, we will collect or receive your Personal Information or Non-Identifying Information (as those terms are defined in our Privacy Policy, available at https://www.epicgear.com.sg/content/12-privacy-policy). Personal Information and Non-Identifying Information are treated in accordance with our Privacy Policy. By making an offer to purchase a Product, you accept and consent to our Privacy Policy, which we may update from time to time.

10. MISCELLANEOUS

A. GOVERNING LAW

You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms of Sale and any dispute that might arise between you and Epic Gear Pte Ltd in relation to your use of the Epic Gear Online Store and these Terms of Sales.

B. DISPUTES

You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale shall be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court in the country in which you reside.

C. FORCE MAJEURE

Epic Gear Pte Ltd shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of Epic Gear Pte Ltd being prevented, hindered or delayed in the performance by circumstances beyond Epic Gear Pte Ltd’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event Epic Gear Pte Ltd may elect to cancel your order and refund any payments made.

D. ENTIRE AGREEMENT

You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between Epic Gear Pte Ltd and you with regards to your ability to purchase goods or services from the Epic Gear Online Store. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

E. TRANSLATION

These Terms of Sale may be translated into any other language. However, in the event of any inconsistency between the English language version and any translated versions, this English version will at all times prevail and take precedence.  

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