Online Sales Conditions
Last Updated: 1 Dec 2018. © KrisShop Pte. Ltd.
|1.1||In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Buyer" means the person or legal entity identified in the Order as the purchaser of the Products.
“Credit Card” means such form of charge card(s) or credit card(s) as may be stipulated at the Online Store as being acceptable for payment for Products.
“Credit Card Company” means in respect of any Credit Card, the relevant company or companies controlling or administering payments for such Credit Card.
“Conditions” means these Conditions of Online Sale.
"Contract" means a contract for sale between KrisShop Pte. Ltd. and the Buyer of the Products formed in accordance with Clause 3.3.
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which KrisShop Pte. Ltd. could not reasonably prevent or avoid including:
“Online Store” means the KrisShop online store, or KrisShop.com, currently accessible at http://www.krisshop.com
"Order" means an online order placed via the Online Store by a Buyer with KrisShop Pte. Ltd. for the Products in accordance with these Conditions.
“Parties” means KrisShop Pte. Ltd. and the Buyer and “Party” means any one of them.
"Product" means a product or service listed at the Online Store for which KrisShop Pte. Ltd. invites Orders in accordance with these Conditions.
“Returns Policy” is defined in Clause 8.2.
“Substitute Product” is defined in Clause 5.3.
|1.2||Words using the singular or plural number also include the plural or singular number.|
|1.3||Any reference to a "person" or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.|
|1.4||Any reference to a "Clause" is to a clause of these Conditions.|
|1.5||The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.|
|1.6||A reference to the word “include” or “including” shall not be construed as having any limiting effect.|
|2||Application and effect|
|2.1||These Conditions shall govern the sale of the Products listed at the Online Store by KrisShop Pte. Ltd. to the Buyer.|
|2.2||By ordering the Products and/or accepting delivery of the Products, the Buyer agrees to be bound by and accepts these Conditions.|
|3||Orders, price and payment|
|3.1||Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by KrisShop Pte. Ltd. at the Online Store, by placing an Order on the designated online form at the Online Store and providing to KrisShop Pte. Ltd. all necessary information as may be required by KrisShop Pte. Ltd.|
|3.2||All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by KrisShop Pte. Ltd.|
|3.3||KrisShop Pte. Ltd. may accept an Order by:
|3.4||KrisShop Pte. Ltd. shall be entitled to:
|3.5||KrisShop Pte. Ltd. shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be KrisShop Pte. Ltd.'s current selling price on the date of receipt by KrisShop Pte. Ltd. of the Order, which may or may not be correctly reflected at the Online Store.|
|3.6||Unless otherwise agreed by KrisShop Pte. Ltd. in writing, payment for the Products shall be made by the Buyer in full by Buyer’s valid Credit Card before physical delivery of Products. Cash or personal cheques will not be accepted. PPS Club vouchers and KrisShop vouchers cannot be used for online Orders but may only be mailed with a completed KrisShop Order Form.|
|3.7||The Buyer warrants that it is ordering Products for its own internal use only and not for re-sale or export purposes.|
|3.8||The Buyer shall bear all shipping, delivery and handling charges, customs, import duties and postal clearance, as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates.|
|3.9||All credit card payments are subject to the approval of the Credit Card Company and the relevant paying bank. KrisShop Pte. Ltd. shall not be liable in any way if the Credit Card Company or the paying bank refuses to process or accept any Credit Card or Credit Card particulars for any reason.|
|3.10||The Buyer agrees to submit to KrisShop Pte. Ltd. and its payment service provider such Credit Card and other personal and delivery information as may be reasonably requested by KrisShop Pte. Ltd. or its payment service provider to process the Order, make payment for the Order, and to arrange for delivery and invoicing. KrisShop Pte. Ltd. shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that KrisShop Pte. Ltd. shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.|
|3.11||The Buyer warrants that it is ordering Products for its own internal use only and not for re-sale or export purposes.|
|3.12||KrisShop Pte. Ltd. reserves the right to exercise its lawful remedies if a dispute or issue arises over payment through Credit Card, or if it does not receive full payment for an Order. In particular, but without limitation, if the Credit Card Company or the paying bank rejects or reverses payment for an Order, KrisShop Pte. Ltd. may in its discretion:
|3.13||KrisShop Pte. Ltd. shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to KrisShop Pte. Ltd. under any and all Contracts and other agreements.|
|4||Title and risk|
|4.1||Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.|
|4.2||Title in the Products shall not pass to Buyer until receipt by KrisShop Pte. Ltd. of full and final payment for the Products and delivery of the Products to Buyer.|
|5||Order delivery and cancellation|
|5.1||Subject always to KrisShop Pte. Ltd.’ acceptance of the Order, KrisShop Pte. Ltd. shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by KrisShop Pte. Ltd.. If no one is available at the delivery address to receive the Products, KrisShop Pte. Ltd.’s delivery agent will leave a delivery advice card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products.|
|5.2||Any shipment, delivery or collection dates provided by KrisShop Pte. Ltd. are estimates only and shall not form part of the Contract. KrisShop Pte. Ltd. shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should email KrisShop Pte. Ltd. at: firstname.lastname@example.org|
|5.3||KrisShop Pte. Ltd. reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
|5.4||An Order may be cancelled by the Buyer prior to shipment of the Products by KrisShop Pte. Ltd., provided always that:
|5.5||If an Order has already been shipped, no cancellation or refund will be permitted except in accordance with the Returns Policy.|
|5.6||The Buyer acknowledges that KrisShop Pte. Ltd.'s liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from KrisShop Pte. Ltd.'s usual sources of supply. The Buyer further acknowledges that KrisShop Pte. Ltd. retains absolute discretion as to the order of priorities in which any Products are delivered to KrisShop Pte. Ltd.'s customers.|
|5.7||For Orders for more than one Product, KrisShop Pte. Ltd. may deliver the Products in one delivery or by instalments. Each separate instalment shall be regarded as a separate Contract, and invoiced and paid for in accordance with these Conditions.|
|5.8||KrisShop Pte. Ltd. reserves the right to make only partial acceptance or delivery of an Order.|
|6||Export control and restrictions|
|6.1||Products purchased or obtained under these Conditions may be subject to government import and export control laws and regulations, including those of Singapore. Buyer shall comply with all such laws and regulations.|
|7.1||All rights, title and interests in and to any software installed in the Products shall remain with KrisShop Pte. Ltd. or the applicable licensor(s), as applicable. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the licence agreement. The Buyer acknowledges that KrisShop Pte. Ltd. makes no warranties for any software under these Conditions.|
|8||Acceptance, Returns & Refunds|
|8.1||Unless the Buyer notifies KrisShop Pte. Ltd. in writing to the contrary within 30 days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.|
|8.2||KrisShop Pte. Ltd. guarantees that every Product is in good condition at the time of purchase. If it is not, the Buyer must return the Product to KrisShop Pte. Ltd. by registered post in its original condition and original packaging and accompanied by proof of purchase within 30 days of receipt, detailing the reason for return. Upon safe receipt of returned Products within 30 days, KrisShop Pte. Ltd. will in its discretion either exchange or refund the Product. To return Products which are unsuitable gifts purchased by Buyer for delivery to a third party, Products must be returned unworn/unused by registered post in its original packaging, in the same condition as when sold and accompanied by proof of purchase within 30 days. KrisShop Pte. Ltd. will refund the cost of such Product to the Buyer’s Credit Card account but not refund or reimburse any postal, shipping or handling costs. All purchases using any form of vouchers are non-refundable and non-exchangeable. KrisShop Pte. Ltd. will not entertain any returns or requests for refunds which do not comply with the above conditions. The foregoing shall be known as KrisShop Pte. Ltd. “Returns Policy”.|
|8.3||KrisShop Pte. Ltd. makes no warranty in respect of any Product, and KrisShop Pte. Ltd.’ Returns Policy is in lieu of all other warranties express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. KrisShop Pte. Ltd.’s sole liability for defective or non-compliant Products is limited to the Returns Policy.|
|8.4||KrisShop Pte. Ltd. reserves the right to refuse any claims under the Returns Policy if:
|9||Exclusion & limitation of liability|
|9.1||In no event shall KrisShop Pte. Ltd. be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if KrisShop Pte. Ltd. has been advised of the possibility of such loss or damage.|
|9.2||The total liability of KrisShop Pte. Ltd. to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by KrisShop Pte. Ltd. shall not in any event exceed the price of the Product giving rise to such claims.|
|9.3||Nothing in these Conditions shall limit or exclude KrisShop Pte. Ltd.’s liability for death or personal injury caused by KrisShop Pte. Ltd.’s negligence.|
|10.1||KrisShop Pte. Ltd. shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.|
|10.2||KrisShop Pte. Ltd. shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.|
|10.3||In the event that any Force Majeure Event results in a shortage of Products, KrisShop Pte. Ltd. shall be entitled to allocate its available stock of the Products among its customers in such a manner as KrisShop Pte. Ltd. may consider equitable and may make partial deliveries of any Products to the Buyer.|
|11.1||KrisShop Pte. Ltd. reserves the right to change these Conditions without prior written notice at any time, at KrisShop Pte. Ltd.’s sole discretion, by posting a copy of the amended Conditions at the Online Store.|
|11.2||Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by KrisShop Pte. Ltd..|
|12.1||The Contract and these Conditions represent the entire understanding between KrisShop Pte. Ltd. and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.|
|12.2||Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on KrisShop Pte. Ltd., unless otherwise agreed in a written agreement signed by Buyer and KrisShop Pte. Ltd., and any failure by KrisShop Pte. Ltd. to object shall not be considered a waiver of these Conditions.|
|13.1||The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of KrisShop Pte. Ltd. Any such unauthorised assignment shall be deemed null and void.|
|14.1||No failure on the part of KrisShop Pte. Ltd. to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.|
|14.1||If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.|
|16||Rights of Third Parties|
|16.1||A person or entity who is not a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.|
|17||Rights of Third Parties|
|17.1||These Conditions shall be construed in accordance with, and governed by, the laws of the Republic of Singapore.|
|17.2||The Parties hereby submit to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.|