Terms & Conditions

A.    Introduction

  1. HEELSDIVA.COM‚ ("Whimsical Twist", "we", "our", "us") website(s) and related Services are made available to you (Customer‚Member) pursuant to the following Terms & Conditions. The Website is wholly owned and operated by Whimsical Twist and the company together with its subsidiaries, owners, directors, agents and employees are collectively referred to in this agreement as the "Company". Whimsical Twist, Company Number: 53199236E is a company incorporated under The Companies Act, Republic of Singapore. The registered office is at 40C Hong Kong Street, Singapore 059679.
     
  2. These Terms and Conditions of sale ("Conditions") are applicable to any of the Services or Goods listed on HEELSDIVA.COM ("Website") ("Goods") (Services). It is your responsibility to read these Conditions carefully before you order any Good(s) from us. You should understand that your access and use of the Website and the Services are bound by these Conditions.
     
  3. HEELSDIVA.COM reserves the right to update or amend these Terms and Conditions at any time without prior notice and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any amendments.
     

B.    Your Account

  1. Access and use of the Website deem you accountable and responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities or transactions that occur under your account or password and should notify us immediately in event of any unauthorized usage or breach of security. Your username and password are not transferable and may not be shared with any other person or entity or published in any public platform.
     
  2. You are solely responsible for the accuracy and completeness of the details and information you provide to us. We will not be responsible for any form of delay, delivery error or non-delivery due to inaccurate or incomplete information provided to us in your account.
     
  3. Under no circumstances will HEELSDIVA.COM be held liable for any indirect or consequential loss or damage whatsoever resulting from your negligence.
     
  4. We reserve the right to refuse access to the Website, terminate accounts, edit or remove information that may be deemed undesirable or offensive.
     

C.    Eligibility to Purchase

  1. HEELSDIVA.COM does not sell products for purchase by children. By placing an order through the Website, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
     
  2. In order to make purchases through the Website, you will be requested to register and provide your personal details. As such, Customers must provide their real names, phone numbers, e-mail addresses, payment details and other requested information as indicated. You represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
     
  3. By making an offer to purchase Good(s), you expressly authorize us to perform credit checks and, where HEELSDIVA.COM feels necessary, to transmit or to obtain information about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
     
  4. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please read our Privacy Policy for further information about how we use your data.
     

D.    Acceptance of Orders

  1. Your order constitutes an offer to us to purchase the Good(s) and by doing so, you are deemed to be seeking to enter into a contract with HEELSDIVA.COM when you place an order. After placing your order, you will receive an email acknowledging the details of your order. This ("Confirmation Email") serves as verification that we have received your order and not an acceptance of your order. Upon acceptance of your order, you will be notified with ("Dispatch Email") confirming that the Good(s) have been dispatched from our distribution centre. The Contract between us is formalised when we send you the Dispatch Email ("Contract").
     
  2. The Contract will only relate to those Good(s) whose dispatch we have confirmed in the Dispatch Email. We will be under no obligation to supply any other Good(s) which we have not confirmed in the Dispatch Email, even when these Good(s) may have been part of your order. Please note that items in your shopping cart are subject to availability, they are not reserved and may be purchased by other Customers.
     
  3. HEELSDIVA.COM reserves the right not to accept an order for any reason to anyone at any time at our sole discretion. Such reasons which we are not liable to notify may include non-authorization for payment, shipping restrictions, item ordered is out of stock or does not satisfy our quality control standards. If we cancel an order, it will be without charge to you.
     

E.    Online Gift Certificate

  1. HEELSDIVA.COM’s Online Gift Certificate is valid for a period of 12 months from the date of purchase. Online Gift Certificate can only be redeemed through our Website. It is non-transferable, non-refundable and not redeemable for cash.
     
  2. If your total order amount is less than the value of the Online Gift Certificate, the remaining balance will be credited to your account and can be redeemed against subsequent orders. If the amount of your Online Gift Certificate does not cover the total order amount, you will need to pay for the remainder of the purchase with a valid credit card.
     
  3. Other promotional discount or coupon/code will not be applicable toward the purchase or redemption of an Online Gift Certificate.
     
  4. It is the sole responsibility of the Online Gift Certificate purchaser/Customer to ensure that recipient's email address provided to us is correct and valid. HEELSDIVA.COM will not be liable for delivery of an Online Gift Certificate to an incorrect or invalid email address.
     
  5. Delivery charges, if any are applicable on any Good(s) redeemed with an Online Gift Certificate.
     
  6. HEELSDIVA.COM reserves the right to cancel an Online Gift Certificate and/or may amend conditions relating to the Online Gift Certificate; withdraw or terminate this Service/Good(s) at our discretion.
     

F.     Pricing and Availability

  1. The prices quoted on the Website are exclusive of delivery charges. HEELSDIVA.COM reserves the right to apply changes to prices, availability and specification of the Goods at any time at its discretion. It is your responsibility to check the final price of sale before placing any orders.
     
  2. All prices are set using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted.
     
  3. Prices displayed on the Website may vary from other marketing promotions, brochure, newsletter or any other paraphernalia and may be subject to markdowns at any time during the selling period.
     
  4. If you are a Customer whose credit card is not denominated in those currencies accepted on the Website, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
     

G.    Customs, Duties and Taxes

  1. Some countries may impose duties on imports, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Customs policies vary widely from country to country and we have no control over custom duties and taxes. We are unable to advice on these charges and recommend that you contact the local customs office for further information before placing your order.
     
  2. Please also note that the recipient is considered the importer of record and you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
     
  3. Your privacy is important to us and we would like our international Customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
     

H.    Payment

  1. HEELSDIVA.COM takes reasonable care not to compromise security on our Website. All credit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment.
     
  2. Payment may be made by any credit, debit or payment card acceptable to us, and such payment will be encrypted to ensure secure electronic transmission of data.
     
  3. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to HEELSDIVA.COM, we will not be liable for any delay or non-delivery.
     
  4. For enhanced security, HEELSDIVA.COM utilises Secure Socket Layer (SSL) technology.
     

I.     Delivery

  1. Your order will be fulfilled by the delivery date set out in the Dispatch Email or, if no delivery date is specified, then within 30 days.
     
  2. Details of delivery rates and schedule can be viewed on the Website under Delivery and Returns.
     

J.    Returns and Refund Policy

  1. HEELSDIVA.COM takes reasonable care that our Goods satisfy quality control standards before dispatch.  You are advised to inspect the products upon receipt and notify us within 24 hours to request for an exchange. Only items that are faulty are eligible for an exchange. This can be done by logging in a request for returns in our website under the section on Returns in Customer Service. Once the request has been logged in, you may proceed to send us the item at the address below.  If the products are found to be defective, Heels Diva will refund a flat rate of SGD 1.50 for local orders as return postage credited via Paypal. No mailing cost will be charged for the replacement product(s). For international orders, shipping and handling charges are non-refundable, and customer is responsible for return shipping costs. All return orders must be unused and in its original packaging. Returns must be made within 3 days of receipt of the product for local orders and 7 days for international orders to our registered address at 40C Hong Kong Street, Singapore 059679. Please refer to our Delivery and Returns Policy for more information.
  2. HEELSDIVA.COM takes reasonable care that our Goods satisfy quality control standards before dispatch.  You are advised to inspect the products upon receipt and notify us within 24 hours to request for an exchange. Only items that are faulty are eligible for an exchange. This can be done by logging in a request for returns in our website under the section on Returns in Customer Service. Once the request has been logged in, you may proceed to send us the item at the address below.  If the products are found to be defective, Heels Diva will refund a flat rate of SGD 1.50 for local orders as return postage credited via Paypal. No mailing cost will be charged for the replacement product(s). For international orders, shipping and handling charges are non-refundable, and customer is responsible for return shipping costs. All return orders must be unused and in its original packaging. Returns must be made within 3 days of receipt of the product for local orders and 7 days for international orders to our registered address at 40C Hong Kong Street, Singapore 059679. Please refer to our Delivery and Returns Policy for more information.
  3. We reserve the right to refuse an exchange and/or refund if the Good(s) are returned in a non-saleable condition or have been worn.

K.    Intellectual Property Rights

  1. HEELSDIVA.COM is the exclusive owner of all copyright, trademarks, logos and all other intellectual property rights including but not limited to Website design, text, images, photographs, graphics, sounds, music, video, audio, software, HTML and other source codes contained or connected with the Website and Services.
     
  2. Any third party copyrights, trademarks and/or related intellectual property rights mentioned or displayed on this Site are protected by International intellectual property laws or other applicable provisions, are either licensed to HEELSDIVA.COM or otherwise used by us as permitted by law.
     
  3. In accessing the Website you agree that you will access the site solely for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Website. Any unauthorized use or related acts are expressly forbidden and may result in civil and criminal penalties.
     
  4. HEELSDIVA.COM does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting HEELSDIVA.COM a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, duplicate, edit, translate or publish such information or content for as long as these content remains displayed via the Services. The licence shall be terminated when such content is deleted from the Services.
     
  5. HEELSDIVA.COM and its affiliates respect the intellectual property of others. If you have reason to believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
     

L.    Your Activity and Conduct

  1. By accessing the Website, you agree that you will be personally responsible for your use of this Website and for all of your communication and activity on and pursuant to this Website. You may not engage in prohibited activities including but not limited to sending junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any manner that causes, or is likely to cause, the Website or access to be interrupted, damaged, disabled or impaired in any way.
  2. HEELSDIVA.COM may deny you access to our Website if we determine that you are using our Service to post, publish, distribute or disseminate material or information that is disrespectful, defamatory, infringing, obscene, indecent, threatening, abusive, harassing, unlawful or in any way violating this TOS and our Privacy policy.
     

M.   Third Parties

  1. HEELSDIVA.COM may contain links to other sites on the Web. We make no representation or warranty as to the accuracy, authenticity, reliability or completeness of any information or material accessed via any other site, which you may access through this site. These links are for information purposes only.
     

N.    Links to HEELSDIVA.COM

  1. We grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of HEELSDIVA.COM as long as the link does not portray HEELSDIVA.COM, its affiliates, or their products and Services in a false, misleading, derogatory and defamatory or any other manner deemed offensive or damaging to the interest of the Company. You may not use HEELSDIVA.COM's logo or any other proprietary graphic or trademark as part of the link or framing techniques to enclose such proprietary graphic or information, including but not limited to images, text, page layout of HEELSDIVA.COM without express written consent.
     
  2. This licence does not include any commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
     
  3. We reserve the right to revoke this license generally or any specific links at any time. If the license is revoked, you specifically agree to cooperate with the Company to immediately remove any and/or all of your links to this site and be liable for all damages arising as a result of you breaking these conditions.
     

O.   Liability

  1. We warrant to you that any Good(s) purchased from us through the Website are of satisfactory quality and reasonably fit for all the purposes for which goods of such kind are commonly supplied.
     
  2. If you are contracting as a consumer, our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Good(s) you purchased and any losses, which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
     
  3. If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the Good(s) you purchased.
     
  4. We are not liable for any indirect losses which happen as a result of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue; business; profits or contracts; anticipated savings or data, however arising and whether caused by tort (including negligence), breach of contract or otherwise.
     
  5. Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for us to exclude, or attempt to exclude.
     

P.    Fraudulent Misrepresentation

  1. HEELSDIVA.COM reserves the right to terminate the Contract at any time and claim damages for breach of Contract if we suspect that you have made a fraudulent misstatement to us, whether orally or in writing, prior to or after entering into the Contract.
     

Q.   Written Communications

  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you consent to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
     

R.   Notices

  1. All notices given by you to us must be emailed to sales@heelsdiva.com.
     
  2. We may give notice to you at the email address, fax or postal address that you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent or it is posted on the Website, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
     

S.   Transfer of Rights and Obligations

  1. The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
     

T.    Force Majeure

  1. We will not be liable or responsible for any failure to perform, or delay in performance, and/or all of our obligations under a Contract where such failure is as a result of events beyond our reasonable control, including but not limited to; fire, flood, earthquake, storm, hurricane or other natural disaster; war, invasion, act of foreign enemies, hostilities (whether war is declared or not); civil war, rebellion, revolution, insurrection, military, usurped power or confiscation; terrorist activities; nationalisation, government sanction; blockage, embargo, labour dispute, strike, lockout; interruption and failure of electricity, telecommunications networks, telephone service, network outage, system failure of broadband or disruption of internet service.
     

U.    No Waiver

  1. If you breach any of these Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation or of any subsequent default. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of the Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
     

V.    Severance

  1. If any of these Conditions or any provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Condition or provision will, to that extent, be severed from the remaining Conditions and provisions which will continue to be valid, binding and enforceable to the fullest extent permitted by law.
     

W.   Indemnity

  1. You agree to indemnify and hold HEELSDIVA.COM, its subsidiaries, owners, directors, agents and employees harmless for any and all claims, demands, losses, injuries, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs incurred by any third party, arising out of your use of the Website and Services or breach of the TOS by you. This indemnity shall survive the termination of this agreement.
     

X.   Governing Law and Jurisdiction

  1. These terms and conditions are governed by and construed in accordance with the law of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts. Your statutory rights are not affected by these terms and conditions. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the Singapore courts.
     

Y.    Disclaimer

  1. HEELSDIVA.COM takes reasonable care to ensure that the information and content of its Website is accurate and complete. However, we make no warranty or representation expressed or implied as to, or assume any responsibility for, the accuracy or completeness of the same or the assumption on which it is based. We will not be liable for any and/or all damage or loss arising from any inaccuracy or omission in any and/or all of the information and content provided on the Website. All information and material provided on this website is provided on an "as is" and "as available" basis and you agree that you use such information entirely at your own risk.
     
  2. We do not warrant that our Website/Services will be error free, or the server that makes it available are free of viruses or other harmful components. We will not be liable for any and/or all damage or virus caused by your use of the Website/Services.
     
  3. HEELSDIVA.COM disclaim all liability and responsibility for any loss, damage, injury or expense arising out of or in connection with the use of, or reliance on any of the materials or information herein for whatsoever purposes. The terms of this Website may be revised without notice from time to time. You hereby agree that your use of this site will be governed by any new terms and conditions.