Terms & Conditions

This Pegasus eFoil Terms of use (will be referred to as “Terms”) is a legal contract between users whom use the provided Service (Will be referred to as “Service” by Pegasus eFoil (Will be referred as “We” or “Us”) that is operated by 7M ENGINEERING PTE.LTD (Singapore legal Entity Registration No:201836911Z, will now be referred as “Company”). Please review everything in the Terms before agreeing with the Terms. (This Agreement will still apply to wireless and mobile devices etc. that use electronic commerce unless they are against the nature of the Terms.)

1 Definition

1.1 “We” and “Us” refer to a virtual business area set up by Company to trade products using computers or information and communication Equipment to provide products to you.

1.2 “You” refers to those who connects to us to use the Service provided by us under the Terms

2 Terms and Conditions of Service

2.1 The following are the Services provided by us

  1. Providing information on the products and signing purchase contract
  2. Shipment of products with purchase contract.
  3. Other tasks designated by us

2.2 We will provide specific contents about alterations, addition, discontinuation on services and the Terms, and will display them on the website.

2.3 We may alter the Terms freely to the extent of not violating applicable laws and regulations of Company. If we do change the Terms, we will provide the date of change and reasons, and will notice the changed Terms 7 days before the application date. But, if there are changes that affect you in disadvantageous manner or important matter, the changes must be notified 30 days before the application. For a certain period, the alteration must be notified to you through e-mail as well as well as through notification. The changed Terms will be effective as soon as they are posted on the website or notified to you.

2.4 If you have already made a contract with us and have intentions to be a part of the changes, you can do so within the noticed period mentioned under Clause 3, as we consent.

2.5 Unless otherwise stated by the Terms, and the interpretation of these Terms related to the law is not violated, these Terms shall be governed by the Domestic Laws or traditions of Singapore.

3 Restricted Use of Services

3.1 We can change a part or all of Service, or terminate Service according to the needs of operation, management, or technological issues. When there is any change on contents of service and how to use service, etc, the reasons for changes, what changed, and the date of service is notified 7 days before the change on the website, When service is closing, it is notified 30 days prior on the website. However, if we cannot notify you in advance, we can notify it immediately after measures are taken.

3.2 We can temporarily pause service when unavoidable events such as stop in supply of communication or electricity, or when events of force majeure such as natural disaster, war, riot, terror, hacking, and DDOS attack. We can also temporarily pause service when we need to perform maintenance such as maintenance/addition/exchange of telecommunication devices.

3.3 We are not responsible civilly and criminally on damages to you due to changes, stops, amendments, or termination of service unless otherwise stated on the terms or related laws.

4 Requesting Purchase and Provision of Information, etc.

4.1 You must request purchase on our mall through the following or similar methods.

  1. Search and choice of product
  2. Enter the recipient’s name, address, mobile number (phone number), e-mail address.
  3. Confirmation of the content of the Terms of payment, shipping costs, etc.
  4. Marking to agree to the Terms. (i.e. clicking with mouse)
  5. Request purchase of product and confirmation on it, or agreement on our confirmation
  6. Select payment method

4.2 You must have up-to-date contact information so we can contact you. When we delivered our policies including update on the contract, receipt, or conformation (all of these are referred as “communication”), but you did not receive them due to the reasons we are not responsible for such as incorrect contact information or not renewing your information, it is considered that we provided you communication.

4.3 You are responsible for providing us correct and up-do-date information, and when there is a change in the information you provided, you must update the information through the website as soon as possible. When you did not provide or renew information we designated, or when the information provided is incorrect or false, we are able to not follow the responsibilities stated in this contract, or pause or stop the contract.

4.4 You agree that we can take the measures listed below necessary to verify your identification by ourselves or through a third party.

  1. Request additional information or document
  2. Verify information using database of other companies or other reference

5 Establishment of the contract

5.1 The contract is formed when you order a product through the website, and we confirm the said order. However if you are a minor, a legal representative must agree to the terms in order for the contract to be formed, and the matters concerning the order of minors shall be determined by the relevant Laws and Regulations.

5.2 The confirmation of the order will be sent by us through e-mail, and the contract will be formed when you receive the order confirmation.

6 Price and Payment Methods

6.1 “Price” refers to the total amount of the products you have ordered as shown on the website at the time of order placement, plus the shipping fee and VAT. However, you are responsible for fees that occur from import taxes and customs procedures.

6.2 We will send you the order invoice (deposit invoice and balance invoice) containing the price and payment methods through email.

6.3 You can choose one of the following payment methods.

  1. Pay entire payment in single payment
  2. Pay $3,500 USD as deposit, and pay the remainder before shipment

6.4 The time of payment according to each method is as followed:

  1. Pay entire payment in single payment Pay entire payment within 7 days after receiving the bill
  2. Pay $3,500 USD as deposit, and pay the remainder before shipment
    a) Pay deposit within 7 days after receiving the bill for deposit
    b) Pay the remainder within 7 days after receiving the bill for remainder

6.5 When you do not check the bill (including bills for deposit and remainder), we regard that you received the bill when 14 day has passed after we sent the bill. When you did not receive the bill for unavoidable reasons, you can avoid disadvantages for not receiving the bill by letting us know the reasons.

6.6 You can pay the payment through the following payment methods.

  1. Wire transfer such as phone banking, internet banking (You must pay for remittance fee)
  2. Through credit cards such as Visa Card, Master Card
  3. Through PayPal

7 Provision of Products and Modifications

7.1 As long as there is no separate agreement on the period of supply between us, we will ship the products within 3 months after receiving the payment, and notify you the current situations on the preparation of the products and the expected shipping date.

7.2 We can delay the shipment when you delay the payment, and you responsible for the delay.

7.3 When a part of or the entire product or component you requested are sold out, or changed due to the modifications in technical specifications, we can modify the contents of the products to be supplied, but you must approve the change. However, when you do not approve of the change, or when we cannot supply products with the same or similar functions as the original product, we both can cancel the contract after telling the other party about cancelling the contract.

7.4 When you agree to the changes in Clause 3, the payment is determined by the price of the original product when the price of the changed product is higher. However, when the price of the changed product is lower, the price of the changed product becomes the amount to be paid.

8 Shipping Policies

8.1 We ship the products to you through a shipping company, and we take necessary measures so you can check the procedures and progress of shipment.

8.2 Because we cannot to check what may happen in the destination, the shipping confirmation by the shipping company is the proof that the products have been shipped to you even without your signature, and you also agree with this.

9 Receiving and Inspecting the Products

9.1 You must inspect the products to confirm the abnormalities on the exterior or functions of the products immediately after receiving the products.

9.2 You must send the document about receiving and inspecting the products within seven days after receiving the products to us via email. When we do not receive email from you within that time frame, it means that you have agreed that there is no abnormality when you received and inspected the products. However, our warranty according to our quality control is unrelated to this clause.

10 Cancellation of the Contract Before Payment

10.1 We or you can cancel the contract by notifying the other party before you pays the deposit(including partial amount) after concluding the contract.

10.2 Unless events listed in Articles 11 and 12 occur, we or you cannot unilaterally cancel the contract after you paid the deposit(including partial amount).

11 Cancellation of Contract and Refund due to Your Faults

11.1 We can cancel the contract before releasing the products when one or more of the following events happen.

  1. When you do not pay the price or related liabilities to us by the deadline
  2. When you provides false information during and after requesting purchase to us
  3. When you threaten the order of e-commerce such as interfering the use of our mall by others, or steal others’ information
  4. When you act against the laws, the contract, or public morals through using our mall.

11.2 When the contract is cancelled because of Clause 1, we refund the payment after subtracting 30% of total payment as cancellation fee to you within 14 days of the date the contract is cancelled. Refund may be delayed, as it may be processed through financial institutes or agencies. You cannot claim damage caused by delay of refund to us.

11.3 We can subtract rational amount of fee fixed by us that we paid for the execution of the contract, and card fee, agent fee, and transaction fee that may arise from cancellations of payment or refund separate from cancellation fee according to Clause 2.

11.4 When the contract is cancelled according to this Article, we will notify contents on reasons for cancellation, the date of cancellation, and expected amount to be refunded to you, and the cancellation becomes effective when you receive the notification from us. However, when you do not open the notification within 14 days after we sent the notification even though we are free of error, the contract is void upon reaching the 14th day.

12 Cancellation of Contract and Refund due to Our Faults

12.1 You can cancel the contract before releasing the products when one or more of the following events happen.

  1. When we do not ship the product 3 months after you paid the payment in full
  2. When we cannot provide products with the same or similar functions as the product you requested for purchase
  3. When you do not agree with the changes in Article 7, Clause 3.

12.2 When the contract is cancelled according to Clause 1, we refund the payment fully to you. Refund may be delayed as it may be processed through financial institutes or agencies. You cannot claim damage caused by delay of refund to us.

12.3 You must notify the reasons for cancelling the contract to us according to this Article, and the contract is void once we receive the notification.

13 Cancellation of the Contract and Refund

13.1 You can request the cancellation of the contract to us with no clear reason by paying the cancellation fee listed below, before we ship the products.

  1. Cancellation fee is 10% of the total payment when you request the cancellation within 7 days from the payment date.
  2. Cancellation fee is 30% of the total payment when you request the cancellation after 7 days from the payment date, and before we ship the products.

13.2 When we agree to the cancellation of the contract according to Clause 1, we refund the payment after subtracting the cancellation fee stated above from the total payment to you within 14 days. Refund may be delayed, as it may be processed through financial institute or agencies. You cannot claim damage caused by delay of refund to us.

13.3 We can subtract rational amount of fee fixed by us that we paid for the execution of the contract, and card fee, agent fee, and transaction fee that may arise from cancellations of payment or refund separate from cancellation fee.

13.4 The date of cancellation will be the date when we send the notification agreeing with the cancellation to you.

13.5 You cannot request cancellation of the contract nor refund to us when we have already shipped the products.

14 Our Limitation on Liabilities and Exemptions

14.1 We are not responsible for damages on you from the service, the products, and the use of them related to the services and products apart from the events caused by our fault.

14.2 We are not responsible for damage caused by you for providing personal information to a third party or leaking it due to improper maintenance.

14.3 In relation to transaction of product and other services between you and Affiliate(person or company that received the authority to sell service and product. Hereafter referred as ‘Affiliate’), we do not guarantee any existence or sincerity of wills to sell or purchase; the quality; completeness; stability; legality of the product; and non-intrusiveness on the rights of others; the credibility or legality of information you, Affiliate, or a third party entered; and the data posted on URL linked through the information. You or Affiliate is responsible for any danger related to them.

14.4 Shipment, cancellation of subscription, exchange, return, and refund related to the sales of the products, etc. between you and Affiliate are under the responsibilities of you and Affiliate as the subjects of transaction. We are not involved in the sales of the products, etc. and are not responsible for it.

14.5 Our executives and staff members, investors, and partners including Affiliate do not make any statement, guarantee, or promise(explicit or inexplicit) related to Pegasus eFoil, service, and the contents of the service. Every statement, guarantee or promise including statement, guarantee or accuracy, credibility, marketability, satisfaction, quality, appropriateness for certain purpose, and expression, guarantee, or promise on non-intrusiveness are explicitly excluded or denied.

14.6 When we receive any complaint from a third party including compensation for damage or lawsuit because you acted illegally while using the service or product, or violated the contract, you must exempt us with your responsibility and expense, and you must compensate for damage on us when we are not exempted.

15 Our Obligations

15.1 We do not act against the laws, the contract, or public morals, and try our best to provide service continuously and stably.

15.2 We have security system to protect personal information so you can safely use service, and we notify and abide by the privacy statement.

15.3 We must process your opinions or complaints when we agree that they are fair. We will notify the procedures of processing and results to you through the website or email after we receive them.

16 Your Obligations

16.1 You are responsible for understanding and following every law, rules, and regulations of the place of residence that may apply to the use of service and product, and this includes, but is not limited to, export and import, tax and currency exchange.

16.2 You must abide by the contract and notifications we posted on the website, and you are responsible for all damage and loss caused by violating or not following the contract or the notification.

16.3 You must use service with your real name and for your own profit. You must notify us immediately as soon as you recognize that your name has been used illegally, or inappropriately by a third party.

16.4 You must use the payment methods with appropriate rights, and we can check the rights. Also, we can pause or cancel the transaction until we verify the legality of the payment methods you used.

16.5 You are responsible for managing the payment information such as credit card, and cannot provide, leak, or do any similar activity to a third party. You are wholly responsible for the responsibilities and disadvantages caused by improper management of the payment information.

16.6 You must make purchase after accurately confirming the detailed contents of the products, etc. and the conditions of transaction. All damage and loss caused by not checking the detailed contents of the products, etc. and the conditions of transaction ar under your responsibilities.

16.7 You cannot arbitrarily use or neglect the received products, etc. when the products, etc. you purchased are required to be returned. You must pay appropriate amount for damage caused by arbitrary use or improper storage of the products, etc.

16.8 You must sincerely approach the matters for solving the dispute when a dispute arises with Affiliate related to the use of service, and you must pay for all damages and losses on Affiliate and us caused by insincere attitude in solving the disputes.

16.9 You must cooperate with us so we can safely provide service. You must actively answer to our requests when we calls you after finding that you are breaching the contract.

17 Copyrights and Intellectual Property Rights

17.1 Copyrights and other intellectual property rights on our writings, our website, contents, and related products are ours.

17.2 You cannot copy, transmit, publish, distribute, broadcast, or use information under our intellectual property rights through any other means or allow a third party to use it without prior consent from us.

17.3No content from the contract means transfer of rights, ownership, or claims on service, product, or related intellectual property rights. We maintain all rights, ownership, and claims.

18 Protection of Personal Information

18.1 We try to protect your personal information. The related laws and our privacy statement are applied for protection and use of personal information.

18.2 Our privacy statement does not apply to services provided by a third party linked on our website.

18.3 We can provide your personal information, etc. to Affiliate according to the related laws and our privacy statement.

18.4 We are not responsible for information, including your personal information, leaked due to your faults.

18.5 We can notify or notice you when damages from stealing personal information may occur, and take necessary measures such as temporary measures, restrict use, or delete personal information for protection of personal information and effectiveness of operation.

19 Provision of Information and Posting of Advertisement

19.1 We can provide various information related to our services and products under the scope of regulations via methods including email.

19.2 We can post advertisement through methods such as website and email under the scope of regulations. However, you can request to unsubscribe from the advertisement after receiving advertisement via email or other means.

20 Notification

20.1 When we notify you separately, the principle is that notification is sent via email, phone, SMS, or messenger, unless otherwise stated in the contract.

20.2 When we notify to many and unspecified users despite the previous Clause, the notification is deemed as sent by posting the notification on the website for 7 days or more.

21 Solving Disputes

21.1 We will participate rationally and fairly in processing complaints and mediations.

21.2 We are not involved with sales of products between you and Affiliate, and in principle is not responsible for it. However, when there is complaint or dispute between you and Affiliate or you and a third party, we can mediate it within reasonable range.

22 Jurisdiction and Proper Laws

22.1 The contract uses the Singapore Law as the proper laws within the range accepted by the related laws.

22.2 On the lawsuits related to the contract, service, or product within the range accepted by the related laws, the competent court is the court in Singapore.

23 Regulations Apart from Terms and Conditions

We can make and operate separate terms and conditions and policies for separate service or product when necessary, and we will notify them on the website, etc. When the separate terms and conditions and policies conflict with this contract, the former overrides the latter. Items not mentioned in the contract follows operational policies, the terms and conditions, policies, regulations from related laws, and general customs.

24 Others

24.1 All your rights and responsibilities according to this contract is limited to you, and you cannot transfer or yield your rights and responsibilities to a third party without our prior and clear consent.

24.2 You agree that electronic documents we use or exchanged in using service have the same effects as paper documents. When we are under lawsuit, mediation, arbitration, or other court battles, you cannot make the statement that electronic messages listed above are not valid evidence because they are not written or do not fulfill the requirements of signed documents. Also you cannot argue that the electronic messages listed above must be considered to be non-existent.

24.3 When parts of articles or regulations in the contract are deemed illegal, void, or unable to be executed, they do not affect the legality, validity, and ability to be executed of other articles, and other articles are fully effective. You agree that articles that are deemed illegal, void, or unable to be executed can be amended or modified to reflect the intents stated in this contract under the scope of related regulations.

24.4 Even when we do not wield rights assigned by the contract, or delay the practice of rights, such actions are not considered as abandonment of rights.

This contract is effective as of MM, DD, 2019.