Terms of Service

Overview

This website is operated by Goboo Singapore E-commerce private limited (“Goboo”). Throughout the site, the terms “we”, “us” and “our” refer to Goboo. Goboo offers this website, including all information, tools, and services available from this site to You, the User, conditioned upon Your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, You engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all site users, including without limitation users who are browsers customers, and/ or contributors of any content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, You agree to be bound by these Terms. If You do not agree to all the terms and conditions of this agreement, then You may not access the website or use any services.

Any new features or tools, which are added to the current website, shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes may be deemed as acceptance of those changes.


Definitions

Buyer(s) - a User who takes actions to purchase or who purchases Items on the website. Such a User may be a Consumer or Non – Consumer,

Consumer(s) - any natural person who is acting for purposes which are outside this person’s trade, business, craft, or profession,

Goboo’s affiliate – refers to Goboo’s subsidiaries, branches, holding companies and other branch offices and companies directly or indirectly under common control with Goboo, and/or their branches.

Item(s) - good, product, service, or right, which are the subject of a Listing,

Listing - a proposal to conclude a contract of sale for an Item under the terms provided for on this website, including the price and description of the Item, using the functionalities available on this website,

Non – Consumer(s) - any buyer, who is not Consumer

Service - an online e-commerce website of an open character operated by Goboo under the Termse, Transaction - entering into and performing the contract of sale for Items between User and Goboo

User(s) - an entity or person who received access to services provided by Goboo under the Terms.

You – the User.


SECTION 1 - ONLINE STORE TERMS AND REPRESENTATIONS

1.     By agreeing to these Terms, You represent that You are at least the age of majority according to the laws of Your state or province or country of residence, or that You are the age of majority in Your state or province or country of residence and You have given us Your consent to allow any of Your minor dependents to use this site. You represent that You have full capacity to perform acts in law.

2.     If You represent a legal person or any other organizational unit able to acquire rights and assume obligations on their behalf, You guarantee that You have proper power of attorney, or You can properly represent such legal person or any other organizational unit.

3.     You may not use our Items for any illegal or unauthorized purpose, nor may You, in the use of the website, violate any laws in Your jurisdiction (including but not limited to copyright laws).

4.     You must not transmit any worms or viruses or any code of a destructive nature or perform any other actions that may threaten the security of the website and Users.

5.     A breach or violation of any of the Terms will result in an immediate termination of Your right to use the website on the terms provided therein.


SECTION 2 - GENERAL CONDITIONS

1.     Goboo reserves the right to refuse service in justified cases.

2.     You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.

3.     The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - REGISTRATION AND ACCOUNTS

1.     User, who does not pursue any business activity on Service (Consumer) may register an account, completing an appropriate form for Consumers.

2.     User may also buy Items without completing any registration and opening any account in Service. In such a case, the selection of Items (placing them in the cart) needs to be followed by providing relevant data required in the form necessary to us process your order.

3.     The User may register more than one account provided that a different email address is assigned to each of them. 

4.     The User may obtain access to the Service account after entering their username or email address and password. Logging in to Service via an automated solutions service and other websites cooperating with Service, including social media sites, shall have the same effects as logging in directly on Service.

5.     You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account, and the User agrees to assume responsibility for all activities that occur under Your account or password.

6.     The User may not use other Users’ accounts or make their account available to other persons, except for making the Merchant’s account available to persons duly authorized by the User to act on their behalf.

7.     The User may not use account to perform acts that violate the Terms or any domestic, local law, or good commercial practice.

8.     The accounts shall be non-transferable save the transfers with the prior consent of Goboo.

9.     Goboo has access to the following categories of User data: data on the Listing, data identifying the parties of the Transaction; data on the Transaction – in particular the payment method, item receipt address, delivery method, additional remarks, as well as it can have access to the content of messages sent between the Buyer and  Goboo.

10.  Statistical data relating to the sale may be stored by Goboo also after the termination of the agreement with the User.


SECTION 4 - ADDITIONAL VERIFICATION OF USER 

1.     Goboo reserves the right to demand from the User additional verification. In such a case the User should identify by selecting one of the methods made available by Goboo: (1) payment for the purchased item made using the payment service provided by payment service provider or (2) making a standard transfer or another electronic transfer of USD 1 or EUR 1 — when the User has an account in a bank which does not cooperate with the provider of the payment service mentioned above. The full amount of the payment shall be returned to the User to the bank account from which the payment was made.


SECTION 5 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION AND LISTING POLICY

1.     We are not responsible if information made available in the Service is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at Your own risk.

2.     This site may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify this Service's contents at any time, but we have no obligation to update any information in the Service.

Goboo reserves the right to ensure default sorting of Items within the Listing (ranking) to adjust the order of their placement to Buyers' preferences. Default sorting takes into account the: matching degree with keywords, number of purchases and the rate of purchases, promotion options, number of displays, description of the Item, price of Items, number of Items, method of delivery or price of delivery, status of Items.


SECTION 6 - SECURITY AND TECHNICAL FAILURES

1.   Transactions and other services can be performed only if an adequate level of security is ensured.

2.   You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3.   Goboo shall employ solutions and tools ensuring an adequate level of security of Transactions and other services provided at Service and used by the Users.

4.   If the User’s account or activities within Service require additional verification of the data referred to in Section 4, or if Goboo has reasonable concerns about the security of the User’s account, Goboo may: (1) enable using Service or its parts based on conditional access upon the User’s confirmation of their credibility, including identity, based on appropriate documents; (2) restrict the access to Service (3) block the User’s account for a definite or indefinite period, (4) use any other IT solutions, including antifraud systems.

5.   It is forbidden to use any Service in any way which is against applicable laws or good practice customs or in a way that is contradictory to its purpose, in particular: (1) scraping, using bots or any other similar IT systems or tools, (2) generating increased traffic in Service, causing an excessive overload of Goboo’s IT systems, (3) using malware software, (4) using viruses, (5) providing cyberattack, cybercrimes, DDoS attacks.

6.   We reserve the right to filter and block messages sent by Users using the tools made available in Service, mainly if they are spam, malware, contain viruses, or include content that violates this Terms of Service or otherwise poses a risk to the safety of Users.

7.   Goboo will use its best efforts to ensure the availability, without interruptions, of the Service. However, You may encounter technical failure or errors, which may affect You and Your account availability due to the nature of the Internet or other causes. To develop the Service, You may also encounter periodical technical interruptions in the Service to introduce modifications, repairs or maintenance works in the Goboo’s IT system. If possible, such interruptions shall be made during night hours, and Users shall be informed about the time and predicted duration of a break at least with a few hours’ notice. The impact of technical interruptions or the technical failures or errors on the course of Transactions may result in the automatic extension of the Listing deadlines for at least 12 hours.

8.   Goboo may take the decision on any compensations and reimbursements each time after eliminating a technical failure or error, taking account of the error or failure type, duration, and the scale of its negative impact on Users.

9.    Goboo shall notify Users about interruptions, technical failures, or errors by posting information in Service.


SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

1.     Prices for our products are subject to change without notice unless otherwise is specified in the binding law.

2.     We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time unless otherwise is specified in the binding law.

3.     We shall not be liable to You or any third-party for any modification, price change, suspension or discontinuance of the Service or the products offered, unless otherwise specified in the binding law.

4.     All prices include legally applicable taxes.


SECTION 8 - ITEMS

1.     Items may be available exclusively online through the website. Items may have limited quantities and are subject to return or exchange only according to our Return Policy

2.     We have made every effort to display the colors and images of Items that appear at the store as accurately as possible. We cannot guarantee that Your computer monitor's display of any color will be accurate.

3.     We reserve the right but are not obligated to limit the sales of Items or services to any person, geographic region, or jurisdiction in justified cases under the limitations regulated in the applicable laws. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Items that we offer. All descriptions of Items or Items’ pricing are subject to change at any time without notice, at the sole discretion of us, unless otherwise is specified in binding law. We reserve the right to discontinue any Item or service at any time. Any offer for any product or service made on this site is void where prohibited.

4.     We do not warrant that the quality of any Items, information, or other material purchased or obtained by You will meet Your expectations or that any errors in the Service will be corrected.

5.     The Items’ data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data


SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

1.     We reserve the right to refuse any order You place with us for justified reasons. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may notify You by contacting the email and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

2.     You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers, and expiration dates so that we can complete Your transactions and contact You as needed.

3.     For more detail, please review our Returns Policy.

 

SECTION 10 - OPTIONAL TOOLS

1.     We may provide You with access to third-party tools over which we neither monitor nor have any control nor input.

2.     We may provide You with other services supporting Transactions, including the financing, securing, or advertising of Transactions, on the terms outlined in the terms and conditions of such services.

3.     You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.

4.     Any use by You of optional tools offered through the site is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

5.     In the future, we may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

6.     We may provide You with information about services and service offers of third-party suppliers.


SECTION 11 - TRANSACTIONS

1.    In connection with the concluded agreement, the Buyer should pay for the Item within 30 days., unless the parties agreed otherwise. In case of a promotional campaign, the settlement period shall be 24h.

2.   The Item will be delivered by the method chosen by the Buyer. The general conditions of Goboo delivery services are included in General Terms and Conditions of Delivery Services.


SECTION 12 - THIRD-PARTY LINKS

1.     Third-party links on this site may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

2.     We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 13 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

1.     Suppose at our request, You send individual-specific submissions (for example, contest entries) or without a request from us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments). In that case, You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

2.     We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

3.     You agree that Your comments and content will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that Your comments and content provided will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.

4.     You agree that Your comments will not contain any vulgarisms, content that is obscene or pornographic or inciting to hatred, racism, xenophobia, Users’ contact details, or any advertising content.

5.     You agree that Goboo may use your comments for marketing purposes, and You expressly consent to such use.

6.     You may not participate in any Transaction solely to leave feedback or comments.

7.     Goboo shall not interfere with the content of any feedback or comments; however, it reserves the right to delete or block the possibility of their posting in justified cases when: (1) they are in breach of the Terms of Service, (2) they are obviously wrong, inaccurate, mistaken or false, (3) comments are illegible, (4) infringes any intellectual property rights, (5) infringes good commercial practice.

8.     Buyers may post on Service their reviews concerning Items, including their disadvantages and advantages. Buyers shall be liable for the content of their opinions expressed in such reviews. Such a review may not violate any applicable provisions of law, including third-party rights; in particular, it may not be defamatory, violate personal rights, intellectual property rights, constitutes an act of unfair competition or inciting to hatred, racism, xenophobia, Users’ contact details or any advertising content.

9.     Goboo reserves the right to edit or delete reviews in justified cases, when a review: (1) is in breach of the Terms of Service, (2) is obviously wrong, inaccurate, mistaken or false, (3) is illegible, (4) infringes any intellectual property rights, (5) infringes good commercial practice.


SECTION 14 - INTELLECTUAL PROPERTY

1.     All content hosted or made available to You in Service webpages such as text, composition, graphics, logos, button icons, images, audio clips, trademarks, data basis, etc., are subject to the rights of us. These elements are subject to the author’s property rights, industrial property rights, including rights from the registration of trademarks and rights to databases and, as such, are subject to statutory legal protection.

2.     Downloading or using in any manner content available in Service in any way is not permitted without our prior written consent and shall not violate any provisions hereof and generally applicable provisions of law. The User is also not allowed to create or publish their databases when they contain substantial parts of the content hosted or made available in Service webpages without our express written consent.

3.     The content in Service constitutes databases subject to legal protection, i.a. concerning their use by third parties. Any use of such databases by downloading or re-using the data shall require the prior consent of Goboo. Any use of legally protected databases without authorization may be subject to penal liability.

4.     We, despite exercising due diligence in the process of collecting and sharing data, are not able to ensure that all data made available to You are correct. If You decide to use the data available in the Service, You should verify such data on their own and ensure its accuracy, and, if errors are detected, immediately notify us.


SECTION 15 - PERSONAL INFORMATION

1.     Your submission of personal information through the store is governed by our Privacy Policy.

2.     Goboo shall have access to any personal data or other data, or both, which Users provide for the use of the Service or which are generated through the provision of the Service on the conditions set in our Privacy Policy.

3.     Users’ personal data may be disclosed to other Users only in the cases set forth herein for purposes related to the Transactions and other cases with the prior consent of the data subject.

4.     A User shall not disclose to third parties any information related to other Users received from us in connection with the Service's use, unless the User has obtained the prior consent of the User who is the data subject. In particular, the use of such information for commercial purposes, mainly to promote in any form the activities of any User carried out outside the Service shall be prohibited.

5.     It is forbidden to use any personal information or data outside the Service, particularly contacting outside the Service, conducting any transaction with the User outside the Service.


SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS

1.     Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).

2.     We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES, RESTRICTION, SUSPENSION

1.     In addition to other prohibitions as set forth in the Terms , You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.

2.     Goboo may verify Users’ compliance with the Terms. Such a verification may be carried out, in particular, by checking if Users observe relevant provisions of the Terms of Service. The verification shall be carried out, in particular, by establishing contact with a given User documenting such contact.

3.     If any User’s actions are in breach of the Terms, we may: (1) provide You a warning by email, (2) suspend User’s account or restrict access to it, (3) delete or block to any Listing.

4.     We may suspend or restrict access to Your account in particular in case of: (1) provide inaccurate or false contact details by the User, (2) transfer of the account without written consent from Goboo, (3) making the account available to other persons, (4) infringing intellectual property, (5) failure to pay the amounts due to Goboo within the set time limit, (6) posting forbidden Items, (7) providing cyberattacks, malware software, viruses, etc. (8) spamming, (9) avoiding payments to Goboo, (10) making purchases for purposes other than concluding the Transaction, (11) infringing rules outlined in Terms of Service.

5.     We will notify You about the suspension of the Account or restriction of access to specific services via email, indicating the reasons for the suspension or restriction of access to the account.

6.     We may terminate the provision of the whole of the Service to You, but we shall provide You at least 30 days prior to the termination taking effect, with a statement of reasons for that decision via email. The notice period shall not apply where a Goboo: (1) is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of the Service to the User in a manner that does not allow it to respect that notice period, (2) exercises a right of termination under an imperative reason according to national law which complies with Union law, (3) can demonstrate that the User has repeatedly infringed the Terms of Service, resulting in the termination of the provision of the Service. In such a case, Goboo does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where Goboo can demonstrate that the User has repeatedly infringed the applicable terms and conditions, resulting in termination of the provision of the whole of the Service.

7.     You may appeal against the decision of termination, suspension, or limiting the access under these Terms of Service. Where we revoke the restriction, suspension, or termination, we shall reinstate You without undue delay, including providing with any access to personal or other data, or both, that resulted from its use of the relevant parts of Service to the restriction, suspension, or termination has taken effect.

8.     Regardless of whether Goboo applies the above provisions, the User shall be fully liable for their acts and omissions related to the use of Service, in particular, the User may be held liable for damages towards Goboo or any other User.

9.     In the case of restricting access to the account, the User may only access the Account and use those functions, making it possible to pay amounts due to Goboo and finalize agreements concluded before restricting the access to the account. Such a User may not register a new account.

10.  Goboo reserves the right to contact third-party payments providers, which are entitled to take any actions, with applicable law, to temporarily withhold or block payments for Merchants or any procedure related to AML regulations.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1.     We do not guarantee, represent or warrant that Your use of our Service will be uninterrupted, timely, secure, or error-free.

2.     We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

3.     You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service, with a proper notification under these Terms of Service.

4.     You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The Service delivered to You (except as expressly stated by us) is provided 'as is' and 'as available' for Your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

5.     In no case shall Goboo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products procured using the Service, or for any other claim related in any way to Your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

1.     You agree to indemnify, defend and hold harmless Goboo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference or Your violation of any law or the rights of a third-party.

SECTION 20 - SEVERABILITY

1.     In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION AND AMENDMENTS

1.     The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

2.     These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when You cease using our site.

3.     We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. We will notify You by email with any proposed change in the Terms of Service with reasonable and proportionate to the nature and extent of the envisaged changes and their consequences for the Users concerned.  

4.     Goboo may amend these Terms of Service in particular in the following cases: (1) change of applicable law, (2) change of applicable regulations, (3) issuing an administrative decision, which concerns Service, (4) change of pricing, (5) improving the Service, in particular IT systems, privacy protection regulations, security considerations (6) editorial changes.

5.     Such amendment shall become effective within the period indicated by Goboo not shorter than 15 days from the time of notifying Users about the amendments and making the amended User Agreement available to them, in particular by publishing it on the website and sending it to the email address, as indicated in p 3.

6.     Goboo may immediately amend the Terms of Service without 15 days, referred to above, with an immediate effect, if:(1) it is subject to legal or regulatory obligations, (2) it must by way of an exception amend the Terms of Service to counteract unforeseen and immediate threat related to the protection of online intermediation services, Users against fraud, malware, spam, breach of data or other cybersecurity risks.

7.     The User who does not accept planned amendments of the Terms of Service should immediately, no later than within 15 days from notification of such amendments, notify Goboo to terminate the agreement with Goboo. The User may, either through a written statement or an explicit affirmative action, waive the notice.

8.     During the notification period, submitting new Items in the Service shall be considered explicit affirmative action to waive the notice period, except in cases where the reasonable and proportionate notice period is longer than 15 days because the changes to the Terms of Service require the User to make significant technical adjustments to its Items. In such cases, the notice period shall not be considered automatically waived where the User submits a new Item.

SECTION 22 - ENTIRE AGREEMENT

1.     The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

2.     These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between You and us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service).

3.     These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service will be provided in English, Spanish and any other language required by the applicable laws and regulations. If there is any discrepancy between different versions, the English version shall prevail.

4.     Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 23 - GOVERNING LAW AND JURISDICTION

1.     These Terms of Service and any separate agreements whereby we provide You Services shall be governed by and construed in accordance with the laws of Singapore, unless otherwise arises from the binding law.

2.     Suppose You are a Consumer and have Your habitual residence in the EU. In that case, You will also have the protection that any mandatory provision of your country of residence's legislation may offer You.

3.     Courts in Singapore shall resolve any disputes connected with the Service.

4.     The Consumer may initiate out-of-court proceedings to solve a complaint and enforce claims by submitting a claim before the competent Directorate-General of Trade and Consumer Affairs in Your state or province, or country of residence.

5.     The Consumer may also use the EU ODR platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. Detailed information on how to file a complaint can be found here.

SECTION 24 - RIGHT OF WITHDRAWAL AND LEGAL AND COMMERCIAL GUARANTEE

1.     Unless any of the exceptions described below apply, the Consumer may withdraw from the product purchased without naming any reason within 14 calendar days from the day the Consumer, or a third party indicated by the Consumer (other than the carrier), receives the purchased product (or from the final product, component or part in the case of delivery of a product composed of multiple components or parts), or from the day of entering into the agreement with Goboo in case of services or delivery of digital content not provided on material support. The terms and conditions applicable to agreement withdrawal, including the template withdrawal form available to the Consumer, are outlined in the Appendix No. 5.

2.     In relation to the right of withdrawal of Goboo’s products, Goboo does not assume ownership of the returned product until it is received at the return address. Goboo reserves the right, at its sole discretion, to refund the amount of the price of the product without requiring its return. In this case, the title of ownership of the product whose price has been refunded will not pass to Goboo.

3.     The right of withdrawal does not apply to the delivery of:

    (i)    products or services whose prices depends on the fluctuations in the financial market;

    (ii)    products made according to the specifications of the Buyer or clearly personalized;

    (iii)   products that do not allow return due to hygienic or health protection reasons, if You have unsealed them after delivery, or that were, after delivery, inseparably mixed with other products;

    (iv)   products that can deteriorate or expire quickly;

    (v)    sealed sound or video recordings or sealed software, if You had unsealed them after delivery;

    (vi)   digital content that would not have been delivered on a material medium, if You had consented to its execution at the time of the delivery and without Your withdrawal being possible from that moment;

    (vii)  daily press or magazines except for subscription contracts.

4.     LEGAL AND COMMERCIAL GUARANTEE: In addition to your legal rights, if You are a Consumer, You will have an after-sales guarantee, two years from the date of delivery of the product, for the repair or replacement of products purchased through the Service if they were defective or non-conforming with what was advertised. You can request a refund or a reduction in the product's price when the repair or replacement of the product has not taken place in a reasonable time or without significant inconvenience to You.

Additionally, You (Consumer or Non-Consumer) may be entitled to any other guarantee (the Commercial Guarantee) that in your case may be granted by Goboo or Merchant or third parties.

Goboo will not be responsible for fulfilling the obligations provided in the Legal Guarantee and/or Commercial Guarantee offered by third parties.


SECTION 25 - CONTACT INFORMATION AND COMPLAINT PROCEDURE

1.     Questions about the Terms should be sent to us at feedback@goboo.com.

2.     At any time, the User may present their reservations in a complaint to Goboo. Such a complaint may be lodged in an electronic form using the contact form or in a written form. A Complaint shall contain at least the name, the description of their reservations, and the proposed method of handling the complaint.

3.     Goboo shall handle a complaint within 14 days from the date of its receipt. When a complaint does not contain the information necessary to handle it, Goboo shall ask the User making the complaint to supplement the required information, and then the period of 14 days shall run from the date of submitting the supplemented complaint.

4.     A reply to a complaint shall be sent only to the email address assigned to a given User’s Account.

5.     A User may appeal against the decision taken by Goboo concerning a complaint. In such a case, the procedure indicated in p. 2-4 applies.


 SECTION 26 - INTERNAL COMPLAINT-HANDLING SYSTEM

1.     Goboo shall ensure the operation of the internal complaint-handling system within the meaning of Article 11.1. of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services. In particular internal complaint-handling system shall be easily accessible and free of charge and shall ensure handling within a reasonable time frame. It shall be based on the principles of transparency and equal treatment applied to equivalent situations and treating complaints in a manner that is proportionate to their importance and complexity. The complaints may concern in particular: (1) alleged non-compliance by Goboo with these Terms of Service, (2) technological issues which relate directly to the provision of Service, and which affect the User, (3) measures taken by, or behavior of, Goboo which relate directly to the provision of the Service, and which affect the User.

2.     Goboo shall establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. Goboo shall verify the information at least annually, and where significant changes are needed, Goboo shall update that information. It shall include the total number of complaints lodged, the main types of complaints, the average period needed to process the complaints and aggregated information regarding the complaints' outcome.