Terms and Conditions
Terms and Conditions ("Terms and Conditions")
1.1 The following expressions shall have the following meanings:
a. "Customer" shall mean you and all other persons who purchase the Products.
b. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
d. "Product/Products" shall mean any and all the products for sale by the Seller on the Online Site. Notwithstanding, purchase of the Products may also be available through other channels, including third party operated internet sites or shops as may be notified by the Seller to the Customer from time to time.
e. "Online Site" is the Seller’s website of www.clubmate.sg and such other websites as may be directed by the Seller from time to time.
f. "Seller" shall mean the seller of the Products under the entity “The Seller” or such name as may be determined by the Seller from time to time.
1.2 All the Products sold by the Seller are sold subject to these Terms and Conditions. By submitting the order for processing, Customer confirms that it has read, understood and agree to the Terms and Conditions in the form in which they appear at the time the order is submitted for processing.
1.3 These Terms and Conditions shall prevail over any other document purporting to have a contractual effect. The Seller reserves the right to amend these Terms and Conditions in its sole discretion. The Seller may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order.
1.4 The Customer may place his order via the Online Site. The Customer will receive a confirmation of receipt of order via e-mail. For the avoidance of doubt, such confirmation of receipt of orders does not guarantee stock availability.
2. Price and Payment
2.1 The Seller shall make every effort to ensure that the prices, details and sizes of Products detailed by the Online Site are correct but the Seller reserves the right to vary the price and other details of the Products without notice. Customer acknowledges that the prices advertised by the Online Site are for online delivery shopping only. Prices for some Products may differ from those charged at the Seller’s other allocated websites or shops. All prices on the Online Site are inclusive of GST and exclusive of delivery charges.
2.2 Payment for Products ordered through the Online Site can be made by PayPal prior to delivery. The Seller may change at any time the method by which payments for Online Site orders may be effected and such changes may be notified to the Customer by e-mail, mail shots or by placing a notice to this effect on the Online Site.
3.1 The Seller’s standard delivery charges shall be applicable. Notwithstanding, additional delivery charge may apply for any other special arrangement such as special timing, location, etc. The Seller shall make every effort to fulfil orders placed by Customers through the Online Site , but the Seller shall not be liable to any person if the Seller shall decline to fulfil an order for whatever reason, or if the Seller is unable to supply an order because the Products may be unavailable.
3.2 The Seller shall use reasonable endeavors to deliver Products to the delivery address (specified by the Customer) but the Seller shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of the Seller. The Customer is to notify the Seller immediately of a change to his delivery address and contact number.
3.3 Once the order has been processed by the Seller, delivery shall be within 48-72 hours between Monday-Friday and Saturday (before 3pm) and subject to availability. There will be no delivery of the Products on a Sunday and Public Holiday ("Excluded Days") and if the 48-72 hours delivery period falls on any of these Excluded Days, then the Seller shall deliver the Products to the Customer on the next available day.
3.4 All deliveries shall be signed off by the Customer on the delivery invoices.
3.5 All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but the Seller.
4. Return of Products
4.1 If any Product have been delivered in a damaged condition upon inspection of the Products upon delivery, or if the Product is out of date, or if a Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered due to the fault of the Seller, the Seller shall replace the Product to the Customer within 48 hours.
4.2 If any Product which was not included in the Customer's order is delivered to the Customer, the Seller shall collect the Product from the Customer at no additional costs to the Customer.
5. Variation or Cancellation of Orders
5.1 The Customer may not vary or cancel the order if the Seller has commenced processing the order. Customer will receive an email notification if the order has been processed by the Seller.
5.2 Subject to the Customer's consent, the Seller may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable. If there is no prior consent from the customer for a substitution, no substitution shall be made.
6. Warranties and Liability
6.1 To the maximum extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
6.2 No agent or representative of the Seller is authorized to make any warranties, representations or statements regarding the Products and the Seller shall not in any way be bound by any such unauthorized warranties, representations or statements.
6.3 To the maximum extent permitted by law, the liability of the Seller whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of the Seller's obligations hereunder shall not in any event exceed the aggregate amounts due from the Customer’s purchase of the Products for the 3 months prior to accrual of the latest cause of action for which the limitations of liability is being calculated.
6.4 The Seller shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall the Seller be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
6.5 The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that the Seller assumes no obligation or liability for any advice or information given with the Products and the Seller shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.
7. Intellectual Property
7.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Online Site shall at all times remain the property of the Seller.
7.2 The Seller and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers are prohibited from using the same without the written permission of the Seller or such other parties.
8. Governing Law
8.1 These Terms and Conditions shall be governed by the laws of Singapore and the Customer and the Seller agree to submit to the jurisdiction of the Singapore courts.
9. Personal Data/Confidentiality
9.1 The Seller will process Customer’s personal data in accordance with, data protection legislation. the Seller’s order process is protected via a secure connection so that the data sent to the recipient can only be read by the recipient. Important information such as credit card numbers, addresses is sent to the recipient securely via the Internet. All of the data entered on the relevant protected pages is encrypted using the Secure Socket Layer protocol (SSL). Our servers support SSL Version 3 and 256-bit encryption.
9.2 The Seller does not sell, rent or lease its Customer lists to third party.
9.3 Personal data held by the Seller relating to its Customers will be kept confidential unless the Seller has Customer's consent otherwise but the Seller may provide this information to third parties including but not limited to the Seller advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for the Seller in connection with the provision of the Seller's services to its Customers. All such third parties are prohibited from using Customer's personal data except to provide the requisite services to the Seller and they are required to maintain the confidentiality of such data.
9.4 Any questions, comments, suggestions or information other than personal data sent or posted to the Online Site, or any part of the Online Site by Customers will be deemed voluntarily provided to the Seller on a non-confidential and non-proprietary basis. The Seller reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.
9.6 The Seller will disclose Customer's personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:-
a. Comply with legal process served on the Seller or the Online Site;
b. Protect and defend the rights or property of the Seller; and
c. Act under exigent circumstances to protect the personal safety of users of the Seller, the the Seller Online Site or the public.
10. Use of Online Site
10.1 By accessing and using the Online Site, the Customer acknowledges and accepts that the use of the site is at the Customers own risk. The Seller shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Online Site. Without limiting the foregoing: THE ONLINE SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. THE SELLER HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE ONLINE SITE. THE SELLER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE ONLINE SITE/, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE