Version dated 30 July 2021
This version takes effect on 30 July 2021.
Welcome to the Saigonelixir.com website. Please read these Terms and Conditions carefully. The following Terms and Conditions govern your use and access of the Saigon Elixir Platform (as defined below) and the use of any part of the Services (as defined below). By accessing the Saigon Elixir Platform and/or using the Services, you agree that you have read and understood the terms in these Terms and Conditions and to be bound by these Terms and Conditions which constitute a legally binding agreement between you and Saigon Elixir (as defined below). If you do not agree to these Terms and Conditions, please do not access and/or use this Saigon Elixir Platform or any part of the Services.
Access to and use of password protected and/or secure areas of the Saigon Elixir Platform and/or use of the Services are restricted to Customers with Saigon Elixir User Accounts (as defined below) and must be at least 18 years old only. You must not intend to obtain unauthorized access to such parts, or to any other protected information on this Saigon Elixir Platform and/or Services, through any means that is unallowed by Saigon Elixir.
If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms and Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s) and/or access this Saigon Elixir Platform and/or use the Services and/or purchasing Products without the supervision of your parent(s) or legal guardian(s), you must stop these actions immediately.
1. DEFINITIONS AND INTERPRETATION
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms and Conditions.
2. GENERAL USE OF SERVICES AND/OR ACCESS OF SAIGON ELIXIR PLATFORM
2.1 Guidelines to The Use of Saigon Elixir Platform and/or Services
• We grant you the right to use and access the Saigon Elixir Platform for shopping on the Saigon Elixir Platform in accordance with specified terms and conditions.
• You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Saigon Elixir Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time with prior advance notice in accordance with applicable laws and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Saigon Elixir Platform.
2.2 Restricted activities
You agree and undertake NOT to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use Saigon Elixir Platform or Services for illegal purposes; unreasonable, fraudulent, threatening, illegal information exploration, sabotage, create and spread viruses that damage the system, configure, transmit information of Saigon Elixir Platform or your services for the purpose of speculating, manipulating the market to create fake orders, offers, even for judging market demand;
(c) attempt to gain unauthorized access to or otherwise interfere with or disrupt other computer systems or networks connected to the Saigon Elixir Platform or Services;
2.3 Availability of Saigon Elixir Platform and Services
The Customer agrees that Saigon Elixir may, from time to time, upgrade, modify, suspend or discontinue to provide or remove, in whole or in part, the Saigon Elixir Platform or any Service on the Saigon Elixir Platform in accordance with the law.
2.4 Compatibility on Saigon Elixir Platform
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Saigon Elixir Platform. While we continuously develop the Saigon Elixir Platform to, as far as possible, support all commonly used devices and models in markets and all browsers from where the Saigon Elixir Platform is likely to be accessed, we do not warrant the compatibility of the Saigon Elixir Platform with specific mobile devices or other hardware.
2.5 Right, but not obligation, to monitor content
We reserve the right to:
(a) prevent or restrict access of any non-compliant User (at our sole discretion) to the Saigon Elixir Platform and/or the Services;
(b) report any activity that Saigon Elixir has grounds to suspect is a violation of the law or regulations of authorities, and to co-operate with such authorities; and/or;
(c) to request any information and data from you in connection with your use of the Services and/or access of the Saigon Elixir Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USE OF SERVICES
3.1 Restrictions: Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from the use of any part of the Services may not use the Services even if they satisfy the requirements of Clause 3.2 as below.
3.2 General Terms and Conditions: You agree to conduct any activity relating to the Services in good faith and lawful manner; and
Saigon Elixir may cancel or reject your use of any part of the Services where it deems or suspects that your use of any part of the Services or any transaction is inappropriate or fraudulent. For the avoidance of doubt, inappropriate or fraudulent use of Services may also include promotion of abuse and/or system cheating activity.
4. CUSTOMERS WITH SAIGON ELIXIR USER ACCOUNTS
4.1 Username/Password: Certain Services provided on Saigon Elixir Platform may require the creation of a Saigon Elixir User Account or require you to provide Personal Data. If you request to create a Saigon Elixir User Account, a Username and Password may either be:
(a) determined and issued to you by us; or
(b) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Saigon Elixir Platform. We may, at any time, request that you update your Personal Data or forthwith invalidate the Username and/or Password and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or because of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your Saigon Elixir User Account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you know or have a reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
(c) Customers may receive promotional emails, SMS text messages, and/or in-app messages or notifications from Saigon Elixir in accordance with the policy of Saigon Elixir and applicable laws. In case the Customer does not want to continue receiving such communications, the Customer can refuse by clicking the link shown at the bottom of the relevant communications or re-setting Saigon Elixir user account.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Saigon Elixir Platform and any information, data, or communications initiated from your Saigon Elixir user account shall be deemed to be, as the case may be:
(a) access to the relevant Saigon Elixir Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you. You shall be bound by any access of the Saigon Elixir Platform and/or use of any Services from your Saigon Elixir User Account (whether such access or use are authorized by you or not) and Saigon Elixir shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You shall fully indemnify Saigon Elixir against any and all Losses suffered by Saigon Elixir attributable to any of your use of Saigon Elixir User Account.
5. INTELLECTUAL PROPERTY
5.1 Ownership: Gaea Global LLC, the licensor that allows Saigon Elixir or its Service provider to own, license, and control all Intellectual Property on the Saigon Elixir Platform and in respect of Materials on the Saigon Elixir Platform. Saigon Elixir fully reserves the right to enforce its Intellectual Property Right allowed by law.
5.2 Restricted Use: No content on the Saigon Elixir Platform or any Materials may be reproduced, reverse engineered, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without Saigon Elixir’s prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other notices of owners contained in the Materials.
5.3 Trademarks: Nothing on the Saigon Elixir Platform and in these Terms and Conditions shall be construed as allowing that, whether express or implied, inferred or otherwise construed that you have the right to use any license or have the right to use (including as a meta tag or as a link to another website) any Trademarks displayed on the Services, without written permission of Saigon Elixir or any other applicable Trademark owner.
6. USERS SUBMISSIONS AND INFORMATION
6.1 You grant us a non-exclusive license to use the materials or information that you submit to the Saigon Elixir Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Saigon Elixir Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
7.1 Termination by Saigon Elixir: Saigon Elixir reserves the right to suspend or terminate your access to the Saigon Elixir Platform or use of any part of Services or delete your Saigon Elixir User Account in the following cases:
(a) you breach these Terms and Conditions, the service-specific additional terms or policies;
(b) we’re required to do so to comply with a legal requirement, a competent authority request, or a court order;
(c) we have grounds to reasonably believe that your conduct causes harm or liability to a user, third party, or Google – for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you;
(d) you are bankrupt, convicted or on a sentence, if you continue to operate that could impose liability on the Saigon Elixir Platform, have activities that are fraudulent, dishonest, market disturbance, causing disunity to other Users of Saigon Elixir Platform, activities in violation of applicable laws of Vietnam.
If you believe that your Saigon Elixir user account has been suspended or terminated in error, you can appeal by sending an email to [email protected].
7.2 Termination by you: You are always free to stop accessing the Saigon Elixir Platform or using the Services at will. You can cease using the Services by deactivating your Saigon Elixir user account, removing the Saigon Elixir mobile application, and stop accessing the Saigon Elixir Platform at any time.
8.1 Notice From Saigon Elixir All notices or other communications were given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your address will be deemed to have been received by you on the signing day of receiving such notices.
8.2 Notices From You: You may only give notice to us in writing sent to our designated office address or e-mail address or contact us via customer support, and we shall be deemed to have received such notice only upon confirmation of receipt by the signature (if the notice is made in writing). While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
8.3 Other Modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given
9.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms and Conditions, rights and remedies of Saigon Elixir under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies Saigon Elixir may have in law. Non-exercise of any right or remedy under these Terms and Conditions by Saigon Elixir, or at law, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law) operate so as not to hinder or prevent Saigon Elixir’s exercise of any other right or remedy as at law.
9.2 No Waiver: Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms and Conditions. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
9.3 Severability: If at any time any provision of these Terms and Conditions is seen to be illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Terms and Conditions and the rest of the affected terms in these Terms and Conditions shall continue to be in effect; and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms and Conditions.
9.4 Governing law and Dispute Resolution: The use of the Saigon Elixir Platform and/or the Services and these Terms and Conditions shall be governed by and construed in accordance with Vietnamese laws. Any dispute arising out of or relating to these Platform Terms, including the existence, validity, interpretation, performance, breach or termination thereof; or any dispute regarding non-contractual obligations arising out of or relating to this Terms and Conditions shall be referred to and finally resolved by the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Commerce and Industry arbitration in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (“VIAC Rules”), in which such rules are deemed to be incorporated by reference in this Clause 9.4. The tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be Vietnamese.
9.5 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other documents on our part shall be subject to correction without any liability on our part.
9.6 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Saigon Elixir Platform and Services, if any) maintained by Saigon Elixir or Saigon Elixir’s Service providers relating to the Saigon Elixir Platform and Services shall be binding and conclusive evidence of any information and/or data transmitted between you and Saigon Elixir. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.7 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Saigon Elixir Platform and/or Services and reserve the right to use any service providers, subcontractors, and/or agents on such terms as we deem appropriate.
9.8 Assignment: You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms and Conditions to any third party.
9.9 Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms and Conditions (or any part thereof) or any inaccuracy, unreliability, or unsuitability of the Saigon Elixir Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
SCHEDULE 1 – DEFINITIONS AND INTERPRETATION
1.1. “Customer” or “Buyer” means organizations, individuals purchasing goods, services on Saigon Elixir E-Commerce Platform.
1.2. “Intellectual Property” means all copyrights, patents, trademarks, service marks, domain names, design rights, database rights, trade names or business names, the right to protect trade secrets and confidential information, the right to protect commercial advantage and reputation, and all other similar intellectual property rights and all applications for these rights, whether currently exist or created in the future, in any region over the world, whether registered or unregistered, and all rights, privileges, right to sue, claim for damages, and request for application of interim injunctive relief for any violation of these rights, whether it is in the past, present or in the future.
1.3. “Saigon Elixir”, “we”, “our” and “us” refer to Gaea Global LLC, in accordance with Enterprise Registration Certificate No. 0316725115 issued by the Department of Planning and Investment of Ho Chi Minh City for the first time on March 1, 2021 (as amended from time to time), with the head office located at 2nd Floor, 42 Me linh, ward 19, Binh Thanh district, Ho Chi Minh City, Vietnam.
1.4. “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.5. “Materials” means, collectively, the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Saigon Elixir Platform and the functionalities or services provided on the Saigon Elixir Platform.
1.6. “Order” means the Customer’s order for Products sent through the Saigon Elixir Platform in accordance with the relevant Terms and Conditions of Sale and Purchase.
1.7. “Password” refers to the valid password that a Customer who has a Saigon Elixir User Account with Saigon Elixir may use in conjunction with the Username to access the relevant Saigon Elixir Platform and/or use Services.
1.9. “Saigon Elixir E-commerce Platform” or “Saigon Elixir Platform” means (i) e-commerce website www.Saigonelixir.com, which is registered to operate as an e-commerce website, owned and operated by Saigon Elixir in Vietnam.
1.11.“Product” means the goods or services provided via Saigon Elixir Platform.
1.12.“Prohibited Material” means any information, graphics, photographs, data, and/or any other material that:
(a) contains any computer virus or invasive code, damaging code, or other harmful programs;
(b) infringes any third-party Intellectual Property or any other proprietary rights;
(c) is defamatory, libelous, or threatening;
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law; and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.13. “Services” means services, information, and functions made available by us at the Saigon Elixir Platform.
1.14. “Submission” is as defined in Clause 6.1 of these Terms and Conditions.
1.15. “Terms and Conditions of Sale and Purchase” means the terms and conditions governing a Customer’s purchase of the Products.
1.16. “Terms and Conditions” means these terms and conditions governing the Customer’s use of the Saigon Elixir Platform and/or Services.
1.17. “Trademarks” means any sign used to distinguish goods or services of different organizations or individuals, including the trademarks, service marks, trade names, and logos used and displayed on the Saigon Elixir Platform, including Trademarks that have been registered and unregistered of Saigon Elixir or third parties.
1.18. “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Saigon Elixir.
1.19. “Discount Code” means a promotion code, goods purchase voucher, discount goods purchase voucher which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Saigon Elixir Platform.
1.20. “You” and “your” refer to individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.21. “Business Day” means a day (excluding holidays, Saturdays, and Sundays) on which banks generally are open for business in Vietnam.
1.22. “Return Policy” means the return policy set out at Saigon Elixir Returns Policy.
1.23. “Seller” means Saigon Elixir as a legal business, operated by Saigon Elixir as described in 1.3
1.24. “User” means a Customer who has registered for a User Account on the Saigon Elixir Platform.
Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms and Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly”, as well as all references to a number of months, means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms and Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in the direction most appropriate to the context.
1. Your Compliance
You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the purchase of Products through the Saigon Elixir Platform, as well as any amendments to the aforementioned, issued by Saigon Elixir (whether as part of the use of the Saigon Elixir Platform or concerning the purchase of Products, on behalf of Seller), from time to time. Saigon Elixir reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time prior advance notice, and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Saigon Elixir Platform in accordance with Saigon Elixir’s policy and applicable laws.
Products sold to Customer will be governed by individual Customer contracts where shall be agreed directly between Saigon Elixir and you.
3. Product Price
3.1 The price listed on the Saigon Elixir Platform is final and includes value-added tax (VAT). Price is subject to change depending on the time and applicable promotion program. Delivery fees and/or charges (if applicable), will be clearly displayed on the checkout page when the Order is placed.
3.2 We always try to ensure that all information and prices displayed are accurate for each Product, however, there may be occasional errors or omissions due to objective factors. If any price defect is detected the Order will be cancelled and the customer informedthrough an email and SMS. Then, the refund request will immediately be initiated (if the Order has been paid in advance).
4. Product Information and Description
In case the Product received is not as described on the Saigon Elixir Platform, you can inform Saigon Elixir as soon as possible after the receipt of the Product and at the same time, ensure that the Product is unused before returning. Please visit www.saigonelixir.com/ returns for detailed application process.
5. Order Placement and Confirmation
5.1 You may place an Order by completing and submitting the required information on the Saigon Elixir Platform. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order information.
To ensure fairness and protect the interests of all Customers, we have the right to refuse the Orders that are in (but not limited to) the following circumstances:
(a) Orders that are not meant for personal use, bulk purchases, or serve the purpose of resale. You can only purchase a maximum of five (5) Products/ day and ten (10) Products/ month.
(b) If Customer does not comply with any regulations, policies of Saigon Elixir, Saigon Elixir reserves the right to refuse Customer’s order as well as suspend or terminate Customer’s Saigon Elixir User Account permanently without prior notice.
(c) The shipping and/or billing address that the Customer provided during the ordering process cannot be changed after Saigon Elixir and/or Seller receives the order.
5.2 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Saigon Elixir Platform and Seller shall be entitled (but not obliged) to process such Order(s) without Customer’s further consent and any further reference or notice to the Customer. Nevertheless, in certain circumstances as stated in these Terms and Conditions, the Customer has the right to request to cancel or amend the Order, and the Seller will endeavor to give effect on a reasonable-effort basis. However, notwithstanding the foregoing, the Seller is not obliged to give effect to any request to cancel or amend any Order.
6. Payment method
6.1 You can pay for your Order either via (i) payment on delivery or (ii) online payment (by credit card, bank card, or e-wallet(s) available on the Saigon Elixir Platform).
6.2 Normally, the Customer can choose one of the above payment methods. However, for the Order whose value is from VND 5 million or above, the Customer cannot select the payment methods in cash upon receipt. During the operation, the order’s value may be paid in cash upon receipt of the Product as adjusted in accordance with the actual operation situation.
6.3 Unless otherwise provided and notified by Saigon Elixir, you are not required to pay any deposit for your Order.
6.4 You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its authorized agents (which may include Saigon Elixir), for any failure, disruption, or error in connection with your chosen payment method.
7. Secure payment
All information of Customers who make transactions on the Saigon Elixir Platform via credit or bank card is protected by data encryption. Additionally, the Customer needs to take note of the following points when making any online payment:
(a) Only make payments via websites with card system security certificates.
(b) Never let others borrow your credit card or bank card to make a payment on the Saigon Elixir Platform; in case of any unintended transaction, please inform Saigon Elixir immediately so that we can assist you in time.
(c) Check your credit card, bank card regularly to make sure all transactions are within your control.
8. Delivery of Products
8.1 Address: The Products may be delivered directly by the Seller, by post, or shipped by the shipping partners listed on the Saigon Elixir Platform to the address provided by the Customer in the Order.
8.2 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Saigon Elixir Platform.
8.3 Delivery timeframe: You acknowledge that delivery of the Products is subject to the availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Saigon Elixir Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed, we will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to the Seller.
8.4 For Products that are directly distributed by Saigon Elixir, Saigon Elixir, through Saigon Elixir’s shipping partners, offers nationwide delivery unless some restricted areas are stated otherwise on the Product’s information page.
8.5 For Products distributed by Sellers, the delivery area may be limited in accordance with the information updated on the Saigon Elixir Platform. In some cases where the delivery area is not up-to-date at the time of ordering, Saigon Elixir will contact to inform the Customer of the details.
8.6 The shipping agents will always try to offer the Customer door to door delivery whenever possible. However, depending on the location where the item will be delivered to, the shipping agents may or may not be able to offer door to door delivery (such as for apartment and office buildings due to their specific administration policy). In these cases, the Customer may support the shipping agents to collect the Product at the ground floor/ lobby. Where the Customer specifically instructs Saigon Elixir’s authorized agents to deliver the Product to a specific location, for example, outside the apartment or according to Customer’s specific instructions on the delivery location, such delivery shall be at the Customer’s sole risk and the Customer accepts all liability and risk of loss, theft, and damage.
10. Receive Package and Check
10.1 The Customer is only entitled to open the package after payment has been made fully to the delivery staff (in the form of cash payment upon receipt of Product).
10.2 If the Customer detects that the package has a distorted sign, no intact or wrong recipient information, the Customer has the right to refuse to receive the package. For prepaid Orders, when the Customer refuses to receive the package, Saigon Elixir will perform a refund procedure within ten (10) Working Days from the date of receiving the proper request from the buyers.
10.3 If Customer is not satisfied or has problems with received Product after having received and made the payment, Customer shall complain immediately to Saigon Elixir within 24 hours after receiving the package. The payment paid by the Customer for the Order will be refunded after obtaining the final decision of Saigon Elixir. For all information and instructions on how to appeal to Saigon Elixir, please refer HERE .
11. Risk and Property of the Products
11.1 Risk of damage to or loss of the Products shall pass to Customer at the time of delivery or if the deliverer of the Products improperly delivers the Products, the risk of damage or loss of the Products shall pass to the Customer at the time Saigon Elixir delivers the Products to the deliverer.
11.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Terms, the ownership of the Products shall not pass to the Customer until Saigon Elixir has received in cash or cleared funds payment in full of the price of the Products and all other goods agreed to be sold by Saigon Elixir to the Customer for which payment is then due.
11.3 The Customer agrees with Saigon Elixir that the Customer shall immediately notify Saigon Elixir of any matter affecting Saigon Elixir’s title to the Products and the Customer shall provide Saigon Elixir with any information relating to the Products as Saigon Elixir may require from time to time.
11.4 Until the ownership of the Products passes to the Customer (provided the Products are still in existence and have not been resold) Saigon Elixir shall be entitled to demand the Customer to return the Products to Saigon Elixir and in the event of non-compliance, Saigon Elixir reserves its right to take legal action to request the Customer to return the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees Saigon Elixir suffers.
11. Change or cancel the transaction on the Saigon Elixir Platform
11.1 If the cancellation request is made before the Order status is changed to “Packed and is being handed over to a shipping partner”, the Customer may cancel the order (i) through the site in ‘my account’ section or (ii) contact the customer support departmentfor assistance
11.2 If the cancellation request is made after the Order status is changed to “Packed and is being handed over to a logistics partner”, the Customer can only cancel the Order by refusing to receive the package when it is delivered.
12. Consequences of the provision of incorrect information on the Saigon Elixir Platform
12.1 The Customer is responsible for providing accurate and complete information when engaging in any transaction on the Saigon Elixir Platform. In case of provision of incorrect login and/or payment information that leads to the incompletion and/or interruption of the transaction, Saigon Elixir reserves the right to refuse to perform the transaction without being responsible for the order cancellation.
13.2 If Customer contacts Saigon Elixir or Saigon Elixir to contact the Customer to confirm the Order for any reason (including but not limited to high-value Orders, orders have signs of fraudulent) if the Customer cannot answer and/or verify the necessary information required by Saigon Elixir, Saigon Elixir has the right to cancel the Order in this case.
13. Promotion program
13.1 To bring more benefits to end consumers, Saigon Elixir and/or Seller will organize promotion programs. The terms and conditions of each promotion program will be updated on the Saigon Elixir Platform from time to time and can be modified by Saigon Elixir at any time in accordance with laws. It is the Customer’s responsibility to read and understand the terms and conditions of each promotion at the time of order.
14. Security regulations
14.1 The Saigon Elixir Platform has the necessary security measures and tools to ensure the protection of Personal Data and payment information in the most comprehensive manner. All Customer’s information during the payment process is encrypted to ensure maximum protection. All transaction information is to be kept confidential, however, upon receiving a written request from an authorized law enforcement agency, we will have to provide this information to such agency in accordance with regulations.
14.2 The Customer is not allowed to use any programs, tools of any type to interfere with the system or alter the data structure. Saigon Elixir prohibits the spreading, propagation, or promotion of any activity that interferes with, sabotages, or otherwise infiltrates system data. Any individual or organization who violates will be deprived of all rights and prosecuted if necessary.
SAIGON ELIXIR GIFT CARDS AND VOUCHERS
1. Discount Codes are valid only on the Saigon Elixir Platform.
2. To use the Discount Code, the Discount Code must be entered at the checkout page.
3. Each Discount Code can be either single or multi-use depending on the terms and conditions applied for each specific Discount Code.
4. Saigon Elixir reserves the right to cancel or modify the Orders, or revoke the use of Discount Codes, where the Discount Codes were used in the following circumstances:
(a) Suspicious or fraudulent Discount Code use;
(b) Discount Code abuse, including the redemption of Discount Codes using multiple accounts or multiple checkouts associated with the same Customer or group of Customers; or
(c) Discount Code used in bad faith (including resold Discount Codes or use of Discount Codes by the Customers purchasing products for re-selling purposes, identified either by purchase behavior or business name and address).
5. Unless otherwise stated, Discount Codes or other promotional discounts are not valid in conjunction with other tactical promotions or discounts.
6. Additional terms and conditions may be specified concerning specific Discount Code (for example, duration, discount amount, and products covered), and will govern the use and redemption of those Discount Codes.
7. The Customer is required to provide accurate and sufficient information (including but not limited to, full name, email, phone number) when placing an order on the Saigon Elixir Platform. In case of any inaccurate and/or insufficient information provided by the Customer leading to the Customer not receiving the Discount Code, Saigon Elixir will take no responsibility to re-active and re-issue the Discount Code.
8. Saigon Elixir Discount Codes are not exchangeable for cash in any form. Under no circumstances shall Discount Codes be resold or transferred by, or to, Customers, for monetary value or otherwise.
9. Unless stated otherwise in their specific terms and conditions, each Discount Code:
(a) can only be applied once;
(b) in case the value of purchasing Order is lower than the value of Discount Code, the remaining amount will not be reimbursed; and
(c) in case some Products of the Customer are entitled to refund/further support via Discount Code, the total Discount Code value will not be aggregated or subdivided.
11. Discount Code will be applied on Product’s value only (not applicable for shipping fee or other fulfillment fees).
12. Saigon Elixir reserves the right to change these terms and conditions or cancel any promotions at any time.
1) When returning Products, please ensure the following factors:
– The Product must be returned with Return Registration Form and VAT invoice of Saigon Elixir .
– The Product must be returned with all of its accessories (including user manual, warranty card/stamp, Product’s packaging) and gifts or other promotions associated with the Product (if any).
– Product is still within the return period (7, 14, or 15 calendar days from the date of receiving Products – depending on applicable policy specified for each Product listed on Saigon Elixir Platform).
– Reasons for returning goods must be valid and meet the conditions for acceptance of return as published on the official website of www.Saigonelixir.com, Return section.
– Products that are in the special categories of goods shall have specific return conditions – please see on the official website of www.Saigonelixir.com, Return section.
– Saigon Elixir shall not receive the Customer’s return request if the Product to be returned does not meet all of the factors listed above.
– In case of returning a Product due to the Customer’s change of mind, the Customer must ensure that the Product shows no sign of use and its seal (if any) must remain intact. However, Saigon Elixir will not refund any cost incurred for this order, including the order processing fee and delivering fee (if any).
– Customers can view details of conditions for Product return and replacement on the Product detail page to refer to the specific conditions applied to each Product that they are interested in.
2) In case of a product to be returned by shipping via the post office, within seven (7) days (excluding Sunday) from the date that the online return form has been successfully submitted on the Saigon Elixir Electronic Platform, the Customer is responsible for bringing the parcel to the designated post office for shipping. Beyond this period, Saigon Elixir has the right to understand that the Customer no longer wants to return the Product, and thus, the system will automatically cancel the Customer’s return request. To re-create the online return form, the Customer should contact our Customer Support. However, it is noted that the return request can only be created up to two (2) times for the same one (1) Product and must be within the return deadline.
3) The return lead time will take longer in the following cases:
– Missing of accessories (except for cases where Customer returns goods with the return reason that is “goods missing accessories on delivery”)
– Missing VAT invoice or receipt.
– Missing documents attached to the Product when receiving the Product such as manual, warranty card, Product’s packaging.
– The Product is damaged due to the Customer’s careless package during the transportation back to Saigon Elixir.
– Arising issues regarding the Product’s defects that are not mentioned in the original reason for the return which the Customer notified Saigon Elixir via the online return form, by phone, or by email.
4) In case the return reason is a damaged Product or missing items: Saigon Elixir only supports if the Customer notifies Saigon Elixir within 24 hours of the receipt of goods. Saigon Elixir may request the Customer to provide pictures of the Product and other information regarding the Product, the process of delivery, and receipt for cross-checking with related parties.
4) Refund method:
– For orders paid by online payment methods, the refund will be made in correspondence with the Customer’s payment method. To avoid misunderstanding, if the Customer chooses to pay online with a debit card, credit card, ATM card, or e-wallet, the refund amount will be transferred directly to the same account that is used to pay for the related order.
– For orders paid by cash, the Customer can choose a refund method via (i) Discount Code or (ii) bank transfer to account filled in his online return form on Saigon Elixir Electronic Platform. The Customer cannot change the refund method after successfully creating the return form.
Gaea Global LLC – Floor 2, 42 Me linh, ward 19, Binh Thanh district, Ho Chi Minh City, Vietnam.
Enterprise Registration Number: 0316725115
Legal Representative: Binh Duong
Title: General Director