Terms of Sale

TERMS OF SALE

Last updated: June 27, 2024.

These terms set out the basis upon which Nutrition Asia Group Pte LTD sells goods through our vitalproteins.sg Website (these “Terms of Sale”).

In these Terms of Sale, the terms “we”, “us”, and “our” refer to Nutrition Asia Group Pty LTD and its affiliates.

Other terms also apply to your use of our Website including our Terms of Use here. Our Privacy Notice applies to any personal data shared on our Website. Find out more here. Our Cookies Policies applies to the use of cookies and similar technology on our Website. Find out more here. Separate terms will also apply to contests, sales promotions and other special content which may be made available on our Website from time to time.

If anything is unclear to you or you wish to discuss these Terms of Sale or anything you buy through our Website please see How to contact us below. We will normally contact you using the e-mail address you provide in your order (your “E-mail Address”) but we may need to call or send an SMS to the telephone number you have provided about your order including where there are problems with payment or delivery.

You can print a copy of these Terms of Sale if needed.

 

1. Our sales contract 

1.1 These Terms of Sale govern sales of goods by Nutrition Asia Pty Ltd through our Website. By placing an order to buy goods from us through our Website you accept and agree to comply with these Terms of Sale without reservation. Please read them carefully. 

1.2 In order to buy goods through our Website you must be at least 18 years of age. We only sell through this Website to consumers in Singapore, Malaysia, and Indonesia and we do not accept orders from, or deliver to anywhere else.

1.3 Sales from the Website are for consumer purchase only and not for commercial resale or other business purposes and we may limit volumes of products sold to each buyer accordingly. Trade enquiries should be made to info@vitalproteins.sg.

1.4 When you place an order through our Website [and our third party payment processor has approved your payment details,] we will confirm receipt of your order by sending an acknowledgement to your E-mail Address. Please note that this is only an acknowledgment that we received your order and not an acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order.

1.5 When we dispatch your goods, we will send a confirmation to your E-mail Address which will be our acceptance of your order creating a legally binding sales contract between you and us, subject to, and in accordance with these Terms of Sale (the “Contract”). If we dispatch your goods separately we may send you a confirmation, and there will be a separate Contract, for each. Until such point you can contact us and cancel your order, with any payment refunded, but following acceptance you can only cancel your order in accordance with your rights under Cancellation below.

1.6 If we do not accept your order for any reason we will send a message to your E-mail Address. Your order will be cancelled, any payment refunded and there will be no Contract.

 

2. Order details and changes

2.1 The descriptions, prices, availability and other details of our goods will be as set out on our Website at the time you place your order subject always to the following provisions set out below.

2.2 All prices are shown inclusive of GST. Our delivery charges are payable in addition as also shown on the Website. If your delivery address is outside Singapore, you may have responsibility for the lawful importation of the goods including payment of any additional duties, taxes and charges. We have no responsibility for these. Please check with the authorities in your relevant territory.

2.3 We try to ensure that the descriptions, prices, availability and other details of our goods published on the Website are as accurate and up-to-date as possible, but our Website is a dynamic environment and sometimes inaccuracies and errors may occur so we will need to double-check when we receive your order. We will send a message to your E-mail Address if the actual details are different from those stated in your order. Unless you and we agree otherwise your order will be cancelled, with any payment refunded, and there will be no Contract.

2.4 We may change the prices and other sales details on our Website, including these Terms of Sale, at any time and we may give prior notice to you but do not have to do so. We will not, however, apply the new prices, details or Terms to orders which we have already accepted under a Contract. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, and to cancel any Contract that includes a mistake.

2.5 Please note that any images on our Website are for general illustration purposes only and may vary from the actual goods, e.g. colours shown on your screen may not be fully accurate and packaging may change. In addition to online details do please read the labels and other instructions provided with the goods carefully before use.

2.6 You promise that you will provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your goods or need to withdraw from a Contract . You may have legal liability to us, and we may contact law enforcement or other appropriate third party agencies, if you act fraudulently or dishonestly. We are not responsible for any shipping or fulfilment errors that result from your failure to provide accurate information.

 

3. Payment details

3.1 You promise that any credit or debit card or other payment facilities you use belong to you, and that there are sufficient funds or credit facilities to cover the price of the items you order. You agree to be responsible for all charges incurred by you or through any account you establish on the Website, including all applicable taxes, shipping and handling, and processing charges, if any, associated with purchases.

3.2 The forms of payment we accept [through our third party payment processor] are set out on the Website and, unless otherwise agreed with us, you must pay at the time you send us your order. Some forms of payment require authorization and/or involve multiple steps including customer authentication. We [and our third party payment processor] reserve the right to carry out reasonable checks and obtain appropriate validation of your order details including with third party agencies.

3.3 If the payment process is not completed fully or we [or our third party payment processor] have concerns regarding any aspect of your order we may suspend or cancel your order or withdraw from a Contract.

3.4 All payments on the Website are taken and processed directly by our third party payment processor and we do not process or store your credit or debit card or other payment details.

 

4. Delivery

4.1 We will deliver you goods to the address you give us for delivery at the time you make your order. We will always try to deliver your goods within our estimated delivery times but actual delivery times are sometimes outside of our control. So any dates we give you for delivery are approximate only. Please treat them as such. We cannot be responsible for any loss or disappointment caused by delays. If we fail to deliver within the estimated delivery time, and you and we do not agree an extension, you may cancel your Contract, with any payment refunded, by contacting us at orders@vitalproteins.sg.

4.2 We normally deliver all items in a multiple product order together but we may split your order into separate deliveries if that allows us to deal with your order more efficiently and effectively. If we dispatch your goods separately we may send you a confirmation, and there will be a separate Contract, for each.

4.3 You will become the owner of the goods you have ordered once they have been delivered to your specified delivery address provided that your payment has been authorised and cleared. In any event, once the goods have been delivered to your delivery address they will become your responsibility and we no longer have any responsibility for taking care of the goods from that point.

4.4 If, after failed delivery of the goods to your specified delivery address, you and we are unable to rearrange delivery (or arrange for you to collect the goods from another location), after we have made reasonable efforts to do so, then we may cancel your Contract, with any payment refunded.

4.5 Without prejudice to your rights under Cancellation below, if your cleared payment is not received (or reversed) but you have received the goods, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense.

4.6 Unless you and we specifically agree otherwise, the delivery deadline for the goods is not an essential term of the Contract.

4.7 For security reasons we may not be able to process any order for which a non-private residential delivery address is provided.

 

5. Cancellation

5.1 You have the right to cancel your Contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day on which you acquire (or a third party other than the carrier and indicated by you acquires) physical possession of the goods or if you have ordered multiple goods and we have delivered them separately, the last good.

5.2 To exercise the right to cancel, you must inform us at orders@vitalproteins.sg of your decision to cancel your Contract by a clear statement (e.g. by a letter sent by post, [fax] or e-mail). You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send the communication concerning your right to cancel before the cancellation period has expired.

5.3 EFFECTS OF CANCELLATION: If you cancel your Contract as set out above, we will reimburse to you all payment received from you, including the cost of delivery. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (see 5.4 below). We will make the reimbursement without undue delay and not later than: (a) 14 days after the day we receive back from you any goods supplied; or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or (c) if there were no goods supplied 14 days after the day on which we are informed about your decision to cancel your Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods. You shall send back the goods to us at the address agreed and notified in your communication with orders@vitalproteins.sg without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

Please note that you will have to bear the direct cost of returning the goods.

5.4 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods (e.g. by examining them only as you would in a shop).

5.5 Model cancellation form:

To NAG [*]
I/We[*] hereby give notice that I/we[*] cancel my/our contract of sale of the following goods, [*]
Ordered on [*]/received on, [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate

5.6 In addition to the right to cancel above, and your rights in respect of defective goods below, you may return any goods to us by contacting us at orders@vitalproteins.sg and receiving a Return Authorization Approval within [a reasonable period] after they were delivered to you if they were damaged in transit or because they were not the goods you ordered and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us. If you do return any goods we may examine them to check whether they were so damaged or sent in error.

5.7 Without any limitation of your above rights, it will help us to process all your returns more quickly if you do so within their original packaging, with any delivery documentation and a brief written explanation of the reason for the return. We also recommend that returns should be sent by recorded delivery post.

5.8 If you have any questions about delivery, cancellation rights or refunds please contact us at orders@vitalproteins.sg.

 

6. Warranty and liability

6.1 We are under a legal duty to supply to you goods that are in conformity with our Contract with you.

6.2 In addition to your rights under Cancellation above: (a) if your goods prove to be defective or faulty within 30 days of delivery to you please return the goods to us by contacting us at orders@vitalproteins.sg and we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (b) if your goods prove to be defective or faulty within 6 months of delivery please return the goods to us and if they can't be repaired or replaced, we will refund the price and any delivery charges for them, and the reasonable costs of returning them to us; (c) if your goods do not last a reasonable period within the relevant statutory limitation period you may be entitled to some money back. If you do return any goods we may examine them to check whether they were so damaged or sent in error.

6.3 If you have any questions about defective or faulty goods please contact us at orders@vitalproteins.sg.

6.4 As we only sell to consumers we shall not in any event be liable to you or anyone else in relation to our Contracts or sales of goods through our Website for business-related loss, damage or costs such as lost data, lost profits or business interruption.

6.5 We shall have no liability for loss, damage or costs in relation to our Contracts or sales of goods through our Website attributed to: (a) your own fault or mistake; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our suppliers' control even if we or they have taken reasonable care.

6.6 We do not however limit or exclude warranties or our liability to you or anyone else in relation to our Contracts or sales of goods through our Website where this is prohibited by law including for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or to the extent such limitation or exclusion is prohibited by law or conflicts with any warranty or guaranty expressly given to consumers in writing on the packaging of an item sold to you.

 

7. General

7.1 If you breach any of these Terms of Sale and we do not take any action against you, we may still take action against you later or if you breach the same Term on another occasion or if you breach a different Term.

7.2 If any provision of these Terms of Sale (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.

7.3 We intend to rely upon the written terms set out in these Terms of Sale (as may be amended in accordance with 2.4 above) as the entire understanding between us relating to any Contract. If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order.

7.4 Only you or us have the right to enforce any provision under these Terms of Sale.

7.5 We may transfer our rights and obligations under these Terms of Sale to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms of Sale. We will wherever possible provide you with prior notice of this.

7.6 These Terms of Sale and the sale of goods are governed by Singapore law and you and we agree to submit to the non-exclusive jurisdiction of the Singaporean courts. This means that if you or we are able to bring a legal action relating to these Terms of Sale we can do this in a court located in Singapore.

7.7 If you are not happy with the way we deal with any disagreement then you and we may agree to refer the matter to mediation but you and we are not restricted from bringing court proceedings. The Competition and Consumer Commission Singapore provides online resources to understand your consumer rights, which you can access here: https://www.cccs.gov.sg/legislation/consumer-protection-fair-trading-act. If you would like to bring a matter to our attention, please e-mail orders@vitalproteins.sg. We are not obliged to participate in dispute settlement proceedings before a consumer arbitration board or scheme.