| Terms and Conditions of Sale
1. Terminology
In the terms and conditions herein:
“Customer” means the party submitting the online order and identified
as the customer in the Customer Information Form on the Website.
“Products” mean the goods displayed/listed in the Website and/or
offered for sale on the Website.
“ShopBug” is the abbreviated name for ShopBug Pte Ltd and means
the party that accepts Customer purchases of the Products listed and thereafter
fulfilling the purchases by delivering the Products to the Customer.
“Terms and Conditions” mean ShopBug’s term and conditions
of sale as stated herein (as or revised by ShopBug from time to time) and in
any other documents issued by ShopBug may be referred to herein, whether directly
or indirectly, in the course of the transactions contemplated herein.
“Website” means any ShopBug WebPages, including this webpage.
2. Application of terms and conditions of sale
By completing the product purchase order form and clicking on the “Submit”
button and submitting an order via ShopBug’s on-line system, Customer
represents and warrants that Customer has the requisite legal capacity, authorization
and consent (under the relevant laws in the relevant jurisdiction) to contract
with ShopBug and agrees to be bound by the Terms and Conditions.
The Terms and Conditions represent the complete and existing contract between
Customer and ShopBug in relation to a purchase of any of the Products. Any typographical,
clerical or other error or omission in any sales literature, quotation, price
list, acceptance of offer, invoice or other document or information issued by
ShopBug shall be subject to amendment without any liability on the part of ShopBug.
3. Characteristics of products
ShopBug has tried its best to ensure that the images of the products materially
resemble the Products delivered to the Customer. These images are provided to
ShopBug by the suppliers/manufacturers of the products or other third parties.
Due to differences in monitors, the colour seen on screen may not be exact colour
of the Product. Accordingly and due to limitations beyond ShopBug’s control,
ShopBug is not responsible or liable for any differences or non-conformity of
the Products delivered to the Customer as compared to the images of the Products
displayed in the Website.
4. Availability of products
All orders shall be subject to the availability of Products. The delivery period(s)
indicated at the Website for the Products are estimates only and denote the
minimum delivery period(s) for the Products upon receipt of due payment or satisfactory
evidence of due payment from the Customer. ShopBug makes no representations
or warranties that the Products will be duly available within such estimated
period(s). However, if this happens, you will be notified. On occasion, we may also call you, either for notification on a product you ordered or to check your delivery and payment information.
5. Confirmation of orders
No order submitted by the Customer shall be deemed accepted by ShopBug unless
and until confirmed by ShopBug by way of return call or return email or fax
to Customer at the email address or fax number specified by in the Customer
Information Form (My Account) on the Website. For the avoidance of doubt, ShopBug’s
obligations under the Terms and Conditions shall be conditional upon receipt
of due payment or satisfactory evidence of due payment from the Customer.
6. Changes and cancellations
There shall be no cancellation of or changes to Customer’s order (upon
submission of Customer’s order and/or acceptance of Customer’s order
by ShopBug) without ShopBug’s written consent to the same. Customer undertake
to indemnify ShopBug for any loss, damage, cost or expense (including but not
limited to cancellation fees, warehousing/storage expenses and shipping/handling
expenses) suffered or incurred by ShopBug as a result of such cancellation of
or changes to Customer’s order. Customer hereby acknowledges that ShopBug
shall incur such loss, damage, cost or expense in the event of any cancellation
of and/or changes to Customer’s order. Customer shall (without prejudice
to any right or remedy vailable to ShopBug under the Terms and Conditions or
general law) reimburse ShopBug such loss, damage, cost or expense on first demand
by ShopBug. ShopBug further reserves the right to suspend the performance or
any of its obligations under the Terms and Conditions until Customer indemnifies
ShopBug accordingly.
7. Terms of payment
The prices of the Products are as displayed at the Website and are quoted in
Singapore Dollars as the base currency. US Dollars and other currencies may
be displayed if the Customer elected to, but will all be dependent on the currency
rate stipulated by ShopBug and with non-dependence with the foreign exchange
rates provided by any bank. ShopBug reserves the right to change the prices
quoted due to unforeseen circumstances but shall inform Customer by email or
call or fax (at the email address or fax or phone number provided by the Customer).
All prices quote are exclusive of delivery charges, taxes/levies and other fees,
unless otherwise stated.
8. Retention of title, passing of risk
Notwithstanding anything to the contrary, title to the Products remains with
ShopBug until all amount payable in respect of the Products are received in
full by ShopBug. Risk in the Products shall pass from ShopBug to Customer upon
delivery or deemed delivery of the Products to Customer.
9. Delivery
ShopBug shall be obliged to deliver the Products to the Customer only upon
ShopBug confirmation of Customer’s order and receipt of due payment or
satisfactory evidence of due payment from Customer.
Delivery of the Products shall be made in accordance with the trade terms agreed
at such place, date or time as ShopBug may notify the Customer by email or fax
or phone. We require a signature and Company Stamp on all packages sent from ShopBug. We require this for delivery assurance. If you are not in office or home to accept the package, ShopBug will do a surcharge for the next delivery attempts.
We charge a flat fee of S$8.00 for delivery within Singapore. Delivery is free for goods purchased above S$50.00 and delivered within Singapore.
10. Late delivery, non-delivery, partial delivery
Any time period indicated at the Website as to the delivery period of the products
are estimates only. ShopBug shall undertake all reasonable efforts to ensure
that the Products are delivered to Customer within the relevant period(s) specified
at the Website, or as agreed between ShopBug and Customer. Notwithstanding the
aforesaid, ShopBug is unable to guarantee there shall be no late delivery or
non-delivery of the Products and ShopBug makes no representations or warranties
that the Products will be delivered within such period(s). Customer hereby agrees
that ShopBug shall not liable for any loss, damage, cost or expense suffered
or incurred by Customer as a result of such late delivery or non-delivery.
11. Product warranty
ShopBug shall pass on any product warranty offered by manufacturer of the Products
to Customer. However, as ShopBug does not manufacture the Products itself, ShopBug
shall neither responsible for any faults or defects of the Products nor shall
it be liable for any claims for loss, harm or damage by the Customer or any
end-consumer or any third party arising out of or in connection with the Products.
12. Returns
In the event that the Products or parts of the Products are damaged, defective or faulty (through no fault of Customer), ShopBug shall, at its discretion:
- Replace the same products or part(s) due to manufacturer's fault.
Provided that:
- Customer notifies ShopBug their intention to return the products
within 5 days of the delivery or deemed delivery of the Products to Customer;
and
- Customers returns the Products or part(s) thereof to ShopBug in their original
packing to such collection point designated by ShopBug; and
- ShopBug agrees to such return of the products or part(s) thereof by Customer.
- Customer shall bear all delivery charges in relation to the return of the
Products or part(s) thereof to the collection point designated by ShopBug.
All our goods sold are non-exchangeable and non-returnable.
13. Ownership of intellectual property, rights
All intellectual property rights existing in or in relation to the Website
and/or contents (including but not limited to any text, picture, image, sound,
graphics, video and other data), the Products and/or any information, images
or drawings supplied with the products belong to ShopBug and/or the supplier/manufacturer
of the Products (where applicable). Nothing herein shall or shall be deemed
to pass any such intellectual property right to Customer.
ShopBug makes no representations or warranties of any kind (whether express
or implied) as to the intellectual property rights in relation to the Products
and/or any information images or drawings supplied with the Products.
Customer undertakes not to use or download any material from the Website and/or
its contents (including but not limited to any text, picture, image, sound,
graphics, video and other data) without the first obtaining prior consent or
a license to do so from ShopBug.
14. Indemnity
Customer shall indemnity ShopBug fully against all losses, liabilities, costs
and expenses, which ShopBug may suffer or incur as a result of Customer’s
breach of any of its obligations under the Terms and Conditions.
15. Termination
Without prejudice to any other right or remedy available to ShopBug, ShopBug
reserves the right to terminate the contract between Customer and ShopBug
as constituted by the Terms and Conditions by 3 days written notice in the
event that:
- Customer fails to make any payment on the due date; or
- Customer goes into liquidation, or, a meeting is called for the purpose
of considering liquidation, or, where Customer propose to or enter into any
scheme of arrangement or composition with its creditors, or, where a provisional
liquidator, judicial manager or receiver is appointed in respect of the whole
or part of Customer’s undertaking, property or assets; or
- Customer’s commits a material breach of the Terms and Conditions; or
- The relevant credit insurer revokes customer’s credit terms.
Following the termination of the contract, each party’s respective rights
and obligations shall expire and neither party hereto shall have any liability
to the other party by reason only of such termination except that neither party
shall be deemed to be released from any liability or obligation, or have released
any right or remedy, in respect of any breach by the other party of its obligations
under the Terms and Conditions that occurred prior to termination.
16. Limitation of liability
ALTHOUGH THE INFORMATION PROVIDED IN THIS WEBSITE IS PRESENTED IN GOOD FAITH
AND BELIEVED TO BE CORRECT AS OF THE DATE IT IS SUBMITTED, THE WEBSITE IS PROVIDED
ON AN “AS IS” BASIS. SHOPBUG MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, DUE LARGELY TO THE FACT
THAT MUCH OF SUCH INFORMATION IS SUPPLIED TO SHOPBUG BY THE SUPPLIERS/MANUFACTURERS
OF THE PRODUCTS. CUSTOMER IS SOLELY RESPONSIBLE FOR AND SHALL MAKE ITS OWN DETERMINATION
AS TO WHETHER THE PRODUCTS ARE SUITABLE FOR THEIR PURPOSES AND WHETHER THE PRODUCTS
CONFORM TO THE SPECIFICATIONS OR REQUIREMENTS IMPOSED ON SUCH PRODUCTS UNDER
ANY LAWS, REGULATIONS, GUIDELINES OR STANDARDS UNDER ANY JURISDICTION AS ARE
APPLICABLE TO CUSTOMER.
NOTHING CONTAINED IN THE WEBSITE AND IN THE TERMS AND CONDITIONS IS TO BE CONSTRUED
AS A RECOMMENDATION BY SHOPBUG TO USE ANY PRODUCT.
SHOPBUG IS NOT LIABLE FOR ANY NON-CONFORMITY OF ANY OF THE PRODUCTS TO THE SPECIFICATIONS
OR REQUIREMENTS IMPOSED ON SUCH PRODUCTS UNDER ANY LAWS, REGULATIONS, GUIDELINES
OR STANDARDS UNDER ANY JURISDICTION AS ARE APPLICABLE TO CUSTOMER.
SHOPBUG MAKES NO REPRESENTATIONS OR WARRANTIES OR ANY KIND, EXPRESS OR IMPLIED,
IN RELATION TO THE OPERATION OF THE WEBSITE, THE CONTENTS OR THE WEBSITE OR
ANY OF THE PRODUCTS AND ALL REPRESENTATION OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED (INCLUDING REPRESENTATIONS OR WARRANTIES AS TO MERCHANT ANILITY OR FITNESS
FOR A PARTICULAR PURPOSE) ARE HERE BY EXCLUDED.
SHOPBUG IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER
(WHETHER UNDER CONTRACT, TORT OR OTHERWISE), ARISING FROM, IN CONNECTION WITH
OR IN RELATION TO ANY OF THE PRODUCTS OR THE USE OF THE WEBSITE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL
DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS, REVENUE, CONTRACTS OR ANTICIPATED
SAVINGS).
17. Force Majeure
Notwithstanding any provision in the Terms and Conditions, ShopBug is not liable
for or be deemed to be in breach of the Terms and Conditions by reason of any
delay in performing, or failure to perform, any of its obligations in relation
to the Products, if the delay or failure is due to any cause beyond its reasonable
control. Without prejudice the generality of the foregoing, the following shall
be regarded as causes beyond ShopBug’s reasonable control:
- Acts of Gods, explosion, flood, tempest, fire, accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- import or export regulations or embargoes;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or local authority;
- strikes, lock-outs or other industrial actions or trade disputes;
- errors, omission or failure of any electronic systems relied upon in the performance
of ShopBug’s obligations; and
- any other circumstances which shall make it impossible or inadvisable for
ShopBug to perform its obligations.
18. Severability
In the event that any of term or condition is deemed by any court (or dispute
resolution body) having jurisdiction to be illegal, invalid or unenforceable,
it shall in no way affect or prejudice the legality, validity or enforceability
of any other term or condition in the Terms and Conditions. If any term or condition
is deemed by such court (or dispute resolution body) to be unenforceable because
such term or condition is too broad in scope, such term or condition shall be
construed to be limited in scope to the extent as shall be deemed necessary
to make it enforceable. If any term or condition shall be deemed inapplicable
by any such court to any party hereto or circumstances, it shall nevertheless
be construed and apply to all other parties hereto and circumstances.
19. Arbitration
Customer agrees to refer any disputes arising out of, or in connection with
the Terms and Conditions, (including any disputes or questions regarding its
existence, validity and termination) to arbitration in the Republic of Singapore
in accordance with the Arbitration Rules of the Singapore International Arbitration
Centre (“SIAC”) for the time being in force which rules are deemed
to be incorporated by reference into this provision. All arbitration proceeding
shall be conducted wholly in English language. The arbitration tribunal shall
consist of one arbitrator to be appointed by the SIAC in accordance with the
SIAC Rules and the decision of the Tribunal shall be final and binding.
20. Law and regulations
By transmitting an order via the Website, the Customer agrees that Singapore
Law shall govern the Terms and Conditions and any contract or legal relationship
formed on the basis of the order.
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