Terms and Conditions

Smile Makers – E-shop

These are the terms of use (“Terms of Use”) for your use of the sites owned and controlled by Ramblin’ Brands Pte Ltd (“Ramblin’ Brands “), including www.smilemakerscollection.com, and www.smilemakers.tw (the “Sites”). We may add additional Sites as we expand our offerings and these Terms of Use will govern those new Sites as well.

You may be accessing our Sites from a computer or mobile device and these Terms of Use govern your use of our Sites, regardless of the means of access.

You may be using our interactive services (“Interactive Services”), such as ratings, reviews, forum, comments and these Terms of Use govern your use of those Interactive Services.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Instagram. (“Third Party Sites”). Our Terms of Use and other areas of our Sites provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with our Interactive Services, including services that involve Third Party Sites, but Ramblin’ Brands does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Ramblin’ Brands does not own or control. You should always check the terms of use posted on Third Party Sites.

By using the Sites, you agree to these Terms of Use, and our Privacy Policy. If you do not agree with any of these, you should not use our Sites. Ramblin’ Brands reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, at any time by giving you notice via our Sites. Any changes or modifications to these Terms of Use will be posted on the Sites and will take effect 14 days after such posting. The Terms of Use that will apply to any order placed are the Terms of Use that applied at the time you placed the order. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

  1. Intellectual Property

1.1 You may use the Sites only in the manner permitted by this Agreement.

1.2 All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in the Sites are owned by or licensed to Ramblin’ Brands. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

1.3 Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Smile Makers, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Ramblin’ Brands is strictly prohibited.

  1. Product Information

2.1 All material and information presented by Ramblin’ Brands is intended to be used for personal educational or informational purposes only.

2.2 All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.

2.3 Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for sexual wellness products. Ramblin’ Brands does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource.

2.4 The products available on the Sites and the Interactive Services, including any samples Ramblin’ Brands may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Ramblin’ Brands. Ramblin’ Brands reserves the right to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Ramblin’ Brands in its sole discretion.

2.5 Ramblin’ Brands may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise.

2.6 Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Ramblin’ Brands reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order)

  1. Color Information

3.1 While Ramblin’ Brands has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  1. Checkout and Delivery

4.1. The order amount at checkout and stated on invoice is the amount billed by Ramblin’ Brands. Your bank may apply credit card charges Ramblin’ Brands is not responsible for

4.2. All deliveries of the Product shall be made to the delivery address as provided in the Subscription Form, unless as otherwise notified by the customer. The customer is to notify the Company immediately of a change to his/her delivery address and contact number.

4.3. The customer must ensure that he/she is ready for safe receipt of the Product without undue delay and at the Delivery Date. If the customer is not available to take delivery, the Company may leave a card giving the customer instructions on either re-delivery or collection from the carrier.

  1. Refund policy

If you are not entirely satisfied with your Smile Maker, you can return it within 30 days of purchase for a full refund. Refunds will be credited in the same form as they were paid.

Defective items can be returned within 1 year for a refund or replacement.

Shipping charges will only be refunded in cases the item is defective or the return was caused by our mishandling.

Only products bought at smilemakerscollection.com can be returned to smilemakerscollection.com. If you are dissatisfied with an item you purchased elsewhere, please return it to the place where you bought it.

To return a product to Smile Makers –

  • You must obtain pre-authorization from our customer service. that will provide you with a return form.
  • To get a return form, please contact Customer Service at customercare@ramblinbrands.com.

Please provide your proof of purchase.

  • Once you have your return form, repack the product in shipping packaging and include your completed return form SEPARATE from your defective item, and make sure you include your full shipping address. Then, ship your defective product to:

Ramblin’ Brands Ltd. c/o

Attn: Adi Iskandar , +65-6748 4484

ASENDIA SINGAPORE INTERNATIONAL PTE LTD

41 Changi South Ave 2

Singapore 486153

 

Warranties on deliveries

6.1. If any Product have been delivered in a damaged condition, or if the Product is out of date, or if a Product which was ordered is not included in the delivery, or if the wrong Product is delivered, the customer should contact the Company and specify the type of defect, lack of conformity or damage noted. The Company will inform the customer whether the Product may be returned for a replacement.

6.2. The Product must be returned to the Supplier within 3 days of the Default Delivery Date or Requested Delivery Date (as relevant) in the original packaging complete and intact. Cost of return of delivery should be beard by Ramblin’ Brands

6.3. The customer must specify in their request all information needed to prove the claim and the return of the product.

6.4. The Company will carry out necessary studies and proceed to the product replacement if practicable.

  1. Responsibility for your Content

7.1 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.

  1. Your Use of Content on the Sites and Limitation of Liability

8.1 Ramblin’ Brands provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. To the fullest extent permitted by law, Ramblin’ Brands is not and shall not be liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services.

8.2 You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

8.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any policies of networks connected to the Sites.

  1. Your Content Submissions

9.1 By submitting Content to Ramblin’ Brands, you represent and warrant that:

(a) You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;

(b) You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Ramblin’ Brands to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);

(c) All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

(d) All Content that you post is accurate;

(e) You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use;

9.2 You also warrant that any Content you submit:

(a) Is not false, inaccurate or misleading;

(b) Does not harm minors;

(c) Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

(d) Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e) Does not violate any law, or regulation;

(f) Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

(g) Is not submitted for compensation or other consideration from any third party; does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

(h) Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

(i) Is not unsolicited or unauthorized advertising; and

(j) Does not contain any computer viruses, worms or other potentially damaging computer programs or files.

9.3 Ramblin’ Brands does not endorse any Content or any opinion, recommendation or advice expressed therein, and Ramblin’ Brands disclaims all liability with respect to the Content.

9.4 If your Content includes ideas, suggestions, documents or proposals to Ramblin’ Brands through the Interactive Services: (a) such Content is not confidential or proprietary and Ramblin’ Brands has no obligation of confidentiality, express or implied, with respect thereto;

(b) Ramblin’ Brands may have something similar to that Content already under consideration or development; and

(c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Ramblin’ Brands under any circumstances unless you are otherwise notified by Ramblin’ Brands in writing.

9.5 For any Content that you submit, you grant Ramblin Brands a worldwide, perpetual, irrevocable, royalty-free, sub-licenseable and transferable right and license to use such Content without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

  1. Your Account

10.1 You must be at least 18 years of age to become a registered user of our Site.

10.2 On registration at our Site, you will have a username and password for your account. You are responsible for ensuring your account, username and password remain confidential, current, complete and accurate. You are responsible for all activities that occur under your account, username and/or password.

10.3 We do not store your credit card information as part of your account in order to enable faster checkout processes. The collection and handling of this information is governed by our Privacy Policy.

10.4 If you access and use the Site on behalf of another person, you represent that you have the authority to bind that person as the principal to these Terms of Use. To the extent that you do not have such authority, you agree to be bound to these Terms of Use and you accept liability for harm caused by any wrongful use of the Site or Content.

10.5 Ramblin’ Brands reserves the right to terminate your account without prior notice if these Terms of Use are violated or if we decide in our sole discretion that it is in Ramblin’ Brands ‘s best interests to do so.

  1. Third Party Content and Third Party Sites

11.1 Ramblin’ Brands may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Ramblin’ Brands does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Ramblin’ Brands and such third party.

  1. Mobile Services

12.1 If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Modification of Content

13.1 All Content that you submit is not confidential and may be used at Ramblin’ Brands’ sole discretion. Ramblin’ Brands may or may not pre-screen Content. However, Ramblin’ Brands and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. Ramblin’ Brands reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ramblin’ Brands reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Ramblin’ Brands , are responsible for the contents of any Content you submit.

  1. Reservation of Rights

14.1 Ramblin’ Brands reserves the right to modify, discontinue or disable the Sites or any part of the Sites at any time, either on a permanent or temporary basis. Ramblin’ Brands will provide you with prior notice of such modifications, discontinuations or disabling where reasonable practicable, by posting such notice on the relevant Site. Ramblin’ Brands reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites, where you have failed to comply with these Terms of Use. Ramblin’ Brands may access, preserve and disclose your account information and Content in accordance with our Privacy Policy, including if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to

(i) comply with legal process;

(ii) enforce these Terms of Use,

(iii) respond to claims that any Content violates the rights of third parties,

(iv) respond to your requests for customer service, or

(v) protect the rights, property or personal safety of Ramblin’ Brands (and its employees), its users and the public.

  1. Disclaimer

15.1 The Website, its use, all contents therein, any products or services shall be made available on a “AS IS” without any warranty of any kind, including without limitation all implied warranties of merchantability or fitness for any particular purpose.

15.2 To the extent permitted by law, Ramblin’ Brands will not be liable for any damages of any kind arising out of or in connection with the use of the Sites or the Interactive Services. This is a comprehensive limitation of liability that applies to all damages of any kind.

15.3 Notwithstanding anything in these Terms of Use, certain legislation, including the Singapore Sale of Goods Act, may impose consumer guarantees or imply warranties or conditions or impose obligations upon Ramblin’ Brands which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms of Use must be read subject to these statutory provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions.

  1. Indemnification and Limitation of Liability

16.1 You agree to defend, indemnify and hold harmless Ramblin’ Brands (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of

(a) your use of and access to the Sites and the Interactive Services;

(b) your violation of any term of these Terms of Use;

(c) a breach of your representations and warranties set forth above regarding Content;

(d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or

(e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.

16.2 Ramblin’ Brands will not be liable for any claim arising out of your incorrect or improper use of a Product, including use that does not comply with any Product instructions or that would be otherwise unexpected or unreasonable.

  1. Applicable Law

17.1 The laws of Singapore will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

17.2 Our Address:

Ramblin’ Brands Pte Ltd

8 Marina Boulevard, #05-02

Singapore 081981

  1. Content Notification Procedure

18.1 If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Ramblin’ Brands’ designated copyright agent the following written information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed upon;

(c) A description of where the material that you claim is infringing is located on the Sites;

(d) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) Your name, address, telephone number and email address (if available); and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

18.2 Ramblin’ Brands can be contacted for notice of claims of copyright infringement by emailing or writing to the below addresses: [customercare@ramblinbrands.com]

Ramblin’ Brands Pte Ltd

8 Marina Boulevard, #05-02

Singapore 081981

  1. Fraud Protection Program

19.1 As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. General

Any claim or dispute between you and Ramblin’ Brands that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in Singapore. If any part of these Terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.