Terms and Conditions of Sale
These terms and conditions relate to and in their description govern the purchases of any goods or services from “SingaporeBathtubs” as of 3rd July 2019. (SingaporeBathtubs ACRA: T16LL2402L).
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
By payment of a deposit, you agree to purchase and agree to these terms, conditions, and disclaimers as amended from time to time (“Terms and Conditions”) and acknowledge that you have read and understood these Terms and Conditions. By purchasing any goods, you expressly agree to be bound by these Terms and Conditions. “SingaporeBathtubs” reserves the right to amend the Terms and Conditions at any time. Any amendment will be effective immediately. Your continued purchase after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms and Conditions.
1. USER INFORMATION
- All information provided by you when you place an order with us is referred to in these Terms and Conditions as “Purchaser Information”. When you provide any Purchaser Information you are representing and warranting that all of the information provided is true and correct and you agree to indemnify “SingaporeBathtubs” for any losses, costs, expenses or damages that “SingaporeBathtubs” may suffer if any of this information is not correct.
- The goods offered for sale by “SingaporeBathtubs” are only available to individuals who can make legally binding contracts. The goods are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts
52. ORDERING GOODS
- Any order and deposit placed by you is an offer by you to purchase a particular good for the price (including the delivery and other charges specified) at the time you place your order.
- “SingaporeBathtubs” reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any goods, an error in the price or of the goods description.
- There may be reasons why “SingaporeBathtubs” cannot fulfill your order. Therefore, your contract with “SingaporeBathtubs” only comes into existence when “SingaporeBathtubs” advises that it has accepted your order and receipt of your payment has been confirmed.
- Once you place your order and a payment is made, you agree that you are not entitled to withdraw or modify your commitment made for the purchase of any goods for any reason, including without limitation, due to any delay in delivery, and “SingaporeBathtubs” reserves the right at its discretion to refund or not in full or any part thereof any monies received.
- All “SingaporeBathtubs” products displayed on www.singaporebathtubs.com websites are built-to-order. All built-to-order items are strictly non-returnable and non-cancellable once the order has been placed. Please confirm prior to placing your order.
- Once an order is placed, if you wish to cancel the order, you must write an email to [email protected] within 24 hours of placing the order. After 24 hours no such request will be entertained by “SingaporeBathtubs”
- Installation services are expressly provided by 3rd party vendors. We highly recommend you to make your own arrangements with contractors and installers. However, upon request, we will be able to recommend and arrange installation via the contractor. The contractor/installer will then liaise with you directly to agree a mutually convenient installation date. Our role is strictly to provide liaison, and due diligence must be conducted by you to ensure that the contractor/installer meets legal requirements when providing his service. The total amount payable for the installation works completed should be paid directly to the 3rd party contractor/installer or their representative upon completion of all agreed works.
- There are 4 payment methods accepted by “SingaporeBathtubs”.
- Credit Card
- Bank Transfer
- For credit card purchases, only payment in full of stated invoice amount is accepted. Payment in full will occur, once authorization of your credit card details is received by us.
- For purchases made by cheque, only payment in full of stated invoice amount is accepted. Payment in full will occur once the cheque is cleared.
- For purchases made by bank transfers or PayNow, payment in full or 50% partial payment of stated invoice amount is accepted. Payment in full or 50% partial payment will occur once a digital receipt of the transfer is received by us.
- If you choose to pay 50% partial payment, the 50% remaining balance will need to be paid 72 hours after delivery of your bathtub has been completed.
- Prices of all “SingaporeBathtubs” goods, delivery, and other charges are in Singapore Dollars (unless otherwise specified) and are current at the time of issue, but may change at any time and are subject to availability. The availability of goods may change from time to time.
- You are responsible for any taxes, duties or other liabilities imposed by any government or agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any goods acquired or ordered by you.
- For the avoidance of doubt, prices of our goods listed on singaporebathtubs.com exclude all taxes, such as but not limited to the Singapore Goods and Services tax”.
4. TITLE AND RISK/CLAIMS
- “SingaporeBathtubs” will retain title to the goods you order until you have made payment in full for those goods, but all risk in the goods will pass to you on dispatch from “SingaporeBathtubs” or any of its agents.
- Upon receipt, you have 48 hours to refer any defects or damage to “SingaporeBathtubs”, in writing. This has to be sent by email to [email protected] Any claims made after that time will not be considered.
- Upon receipt of the bathtub, it is your responsibility to inspect the goods for shipping damage immediately within 48 hours. You can refer any defects or damages to “SingaporeBathtubs” in writing. This has to be sent by email to [email protected] Any claims made after that time will not be considered.
- In any event, “SingaporeBathtubs” will not be liable for any claim whatsoever arising from or in relation to the goods once they have been fixed into place.
- No guarantee is given against crazing or scratching and no claim will be recognized after the products are fixed in location.
- All products are handmade by expert craftsmen from carefully selected materials. Markings and irregularities may be apparent and are integral to the natural material used by “SingaporeBathtubs”. As such they are natural characteristics and should not be considered imperfections and will not constitute grounds or terms for replacement, refund or repair.
- Use of cleaning products, agents or materials, containing sulfamic acid (e.g ‘Easy off Bam’) or which may damage the surface, is NOT recommended and will void all warranty.
5. DELIVERY, STORAGE, AND RECEIPT
- We can assist you with the arrangement of delivery of your goods to the door side at the agreed destination after payment has been made by 1 of the 3 approved payment methods stated in Clause 2.7.
- A notification for delivery will be sent to you via email or text when we are ready to facilitate for delivery. At that time, we will let you know what days of the week we are able to deliver to your area. Deliveries will be made between the hours of 8 am and 10 pm on the delivery day you select. We will call you prior to the scheduled delivery and will provide you with an approximate time window.
- If the agreed destination is not at the ground level and inaccessible by means of an elevator, you shall be responsible for making all necessary arrangements to take collection of the Goods. Any specific, or exceptional, delivery requirements should be agreed with your local bath store at the point of purchase.
- If you fail to take delivery of the Goods or fail to give us adequate delivery instructions on the date agreed for delivery, then we reserve the right to charge you the subsequent delivery charges.
- Estimated Delivery Time is between 30-45 days after receipt of payment. Please note that this is not a guaranteed delivery date for your order. Some areas may take longer due to the frequency of deliveries to the delivery zip code.
- Payment in full is due 72 hours upon delivery of Goods.
- “SingaporeBathtubs” will store your items for no longer than 28 days free of charge after notification for delivery has been sent to you..
- In the event that your ordered “SingaporeBathtubs” bath ware products are not collected within 28 (28) days, we reserve the right to dispose of them as we see fit and shall not be held liable for any loss that you may suffer in such an event and deposits made will be forfeited at this stage. SingaporeBathtubs” also reserves the right to charge commercial storage charges and administration fees, after that period has elapsed and you wish to continue with delivery.
- We recommend that you do not proceed with installation until you have received and checked your delivery. If you do not check your delivery is correct before installation starts “SingaporeBathtubs” will not accept liability for any additional costs that you incur while any product issues are being resolved.
6. DISCLAIMER AND LIMITATION OF LIABILITY
- Except as provided for in these Conditions and in any Product Warranty, any and all warranties, (whether express or implied by statute, common law, custom or howsoever), including without limitation those of satisfactory quality or of fitness for a particular purpose even if that purpose is made known expressly or by implication of the “SingaporeBathtubs”), are hereby excluded. To the greatest extent permitted by local laws and regulations, “SingaporeBathtubs” makes no representation or warranty that the use of the Goods does not infringe the Intellectual Property rights or other rights of any third party and “SingaporeBathtubs” accepts no liability in this respect.
- Except as provided by the non-excludable rights, “SingaporeBathtubs” itself, nor its employees, agents or representatives makes any representation or warranty as to the reliability, accuracy or completeness of any information provided and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from such information.
- Note that SingaporeBathtubs acrylic items, like all acrylic items, may suffer some deterioration in the surface over time due to cleaning and abrasion, and natural usage.
- “SingaporeBathtubs” makes no warranty that any goods advertised will meet your requirements. Information relating to goods and services has been prepared in accordance with Singapore law for the supply of goods and services in Singapore only.
- To the fullest extent permitted by law, “SingaporeBathtubs’” liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of “SingaporeBathtubs”.
7. RELEASE AND INDEMNITY
- You waive, release, forgive, discharge and relinquish any or all claims that you now have or may have against “SingaporeBathtubs”, its employees, agents, and representatives, which are connected with, arise out of, relate to, or are incidental to any transaction.
- You agree to indemnify “SingaporeBathtubs”, its employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by “SingaporeBathtubs”, its employees, agents and representatives arising out of or in connection with the performance of its duty as described in the Terms and Conditions including any legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
- You agree to indemnify “SingaporeBathtubs” for any losses, costs, expenses or damages “SingaporeBathtubs” may suffer as a consequence. “SingaporeBathtubs” will in no way be liable for any indirect, incidental, special or consequential damages, resulting from your use of any “SingaporeBathtubs” product or goods.
- You further agree to indemnify “SingaporeBathtubs”, its employees, agents, and representatives from any claim or demand.
8. ONE-YEAR LIMITED WARRANTY
- “SingaporeBathtubs” products for domestic use are warranted to be free of defects in material and workmanship for one year from date of purchase.
- “SingaporeBathtubs”, (or their nominated agency), reserves the right to assess, repair, replace or make appropriate adjustments as they see fit, where the “SingaporeBathtubs” inspection discloses any such defects occurring in normal usage, within one (1) year after purchase.
- “SingaporeBathtubs” is not responsible for removal or installation costs, or incidental charges. This warranty excludes any defect or injury caused by or resulting from misuse, abuse or neglect, accidental damage, improper installation or other alterations or modifications.
- The manufacturer’s warranty is limited to repair or replacement (with a product of equal value), provided the claim is made to an authorized dealer or directly to “SingaporeBathtubs” within the warranty period. Labor costs and any other expenses, related or incidental or howsoever incurred or entailed, by replacement of a “SingaporeBathtubs” product are not covered by the warranty.
- This limited warranty does not apply to cases in which a product was incorrectly installed, nor to damage due to negligence, misuse (inappropriate cleaner materials), thermal shocks, cigarettes, flames, natural catastrophes or other accidents, howsoever defined. This warranty does not apply to commercial applications or uses, of any “SingaporeBathtubs” product.
9. FORCE MAJEURE
- Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, fire, floods, unforeseeable shortages of labour, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the party obliged to perform which diminish, delay or prevent production, shipment, acceptance or use of the goods, or make it an unreasonable proposition, shall relieve the party from its obligation to supply or take delivery, as the case may be, as long as and to the extent that the hindrance prevails.
- If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight weeks, either party shall have the right to cancel the contract. Should the Seller’s suppliers fail to supply him in whole or in part, the Seller shall not be under obligation to purchase from other sources. In such cases, the Seller shall have the right to distribute the available quantities among his customers while at the same time taking into account his captive requirements.
- These Terms and Conditions are governed by and are to be construed in accordance with the laws of Singapore. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Singapore.
- If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.
- All rights not expressly granted in these Terms and Conditions are reserved.
- All products are made of acrylic and as such, natural variations in shade and color must be anticipated.
- If there is any doubt relating to the color or durability of the product, the purchaser should contact the Company for information prior to the goods being fixed in location.
- If “SingaporeBathtubs” takes any action to enforce the Terms and Conditions, it will be entitled to recover from you, and you agree to pay, all legal fees and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
- This Agreement constitutes the entire agreement between the “SingaporeBathtubs” and you with respect to the subject matter hereof and supersedes all prior undertakings, representations and warranties. This Agreement shall be binding upon the Parties and their respective successors and permitted assigns