These terms and conditions (the "T&Cs") apply to this Website (the “Site”) and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using our Website. Your use of our Website indicates that you have understood, acknowledged, and agree to adhere to the T&Cs.
WHO ARE WE
We are Supertone Pte. Ltd. (UEN NO. 201928803M), a company incorporated in Singapore, trading as Supertone Co (“Supertone”).
In these Terms and Conditions:
- "Business Day" means any day on which banks in Singapore are open for business;
- "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Singapore;
- "Contract" means your Order of a Product or Products in accordance with these Terms and
- "Customer" means any individual who places an Order on our Website;
- "Order" means the Order submitted by you to our Website to purchase a Product from us;
- "You" means the Customer who places an Order;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- References to "includes" or "including" or like words or expressions shall mean without limitation.
You must be eighteen (18) yearsofageorolderin order to place an Order with Supertone. If you are under eighteen (18) years of age, you may only place an Order with Supertone with the involvement or a parent and/or guardian.
You agree and undertake not to:
- use our Website to encourage or commit any criminal offence;
- use our Website other than in conformance with any applicable laws;
- impersonate any person or entity or to misrepresent your affiliation with any person or entity;
- attempt to or actually hack into, gain unauthorised access to, interfere with, or disrupt any aspect of our Website and/or other computer systems or networks connected to our Website;
- misuse our Website to encourage or commit a breach of other users’ personal data, corporate data or other personally identifiable information;
- transmit, promote or post through our Website any information and/or material that infringes any third-party intellectual property or any other proprietary rights, is defamatory and/or libellous, is obscene, pornographic, or otherwise illegal under any applicable law, and/or is or in our sole opinion, may be construed as offensive and/or otherwise objectionable;
- transmit, promote or post through our Website any unsolicited advertising or promotional material.
You may place an Order with us by completing and submitting the Order form on our Website. You shall be responsible for ensuring the accuracy of all Orders.
- Order: All Orders will be deemed to be irrevocable and unconditional upon transmission through our Website, and we shall be entitled, but not obliged, to process such Order(s) without your further consent and any further reference or notice to you. As such, please ensure that the correct items/colours/sizes have been selected before proceeding to check out. Supertone will not be able to amend your Orders upon transmission through our Website. No exchanges will be allowed if wrong items/colours/sizes are selected.
- Acceptance: We reserve the right to accept or decline any and all Orders received from or through our Website in our sole and absolute discretion. Our acceptance of your Order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us (“Contract”). Each fully-paid Order accepted by us shall constitute a separate and individual Contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
- Inability to process Order: If we are unable to process your Order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, or because a credit reference we have obtained from you does not meet our minimum requirements, because we have identified an error in the price or description of the product.
- Price Payable: The price payable by you for the Product shall be the price of the Product listed for sale as stated on our Website at the time your Order is transmitted to us through our Website, and any applicable taxes. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment at the moment your Order is placed as all unpaid Orders will be cancelled. In the event that any Product has been mispriced on our Website, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
- Delivery costs: Delivery costs will be charged in addition where applicable. Such additional charges are clearly displayed and included in the Final Total price on checkout.
- Duration: Orders are processed and dispatched from our warehouse to you by local delivery partner. We aim to deliver the Product to you at the place of delivery requested by you in your Order. Please ensure that all required information is submitted during the payment process to avoid possible delays during shipping.
- Delays: If delivery of your Product is delayed, we will inform you accordingly and the Product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and to the extent permitted by law, neither we nor our agents shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Undeliverable locations: Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- Contact us: All Product descriptions, information and materials posted on our Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. The product images as seen on our Website may slightly differ from the actual Product that you receive. In the event of any faults, defects or damage, you may email our Supertone Customer Care Team at email@example.com. Do allow us up to seven (7) Business Days to respond to enquiry emails.
- Irregularities: We reserve all rights to block any accounts (even if there are any credits left inside the accounts) for an unlimited length of time if any irregularities in purchasing is spotted.
- Transfer of risk: All risk in the Product shall pass to you upon delivery. However, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
CANCELLATION BY CUSTOMER
Unless expressly stated to the contrary in the T&Cs and/or as expressly agreed between you and Supertone in special circumstances, no refund will be provided if you cancel the Order after we have accepted your Order. If you have any queries or concerns about cancellation, you may email our Supertone Customer Care Team at firstname.lastname@example.org. Should you not have received any response from us within seven (7) Business Days, please make further enquiries.
We may terminate the Order at any time, by writing to you, if:
- You do not make payment to us when it is due; or
- You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address).
If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs (e.g. delivery costs, redelivery costs) we will incur as a result of your breaking the Contract.
We will determine in our sole discretion whether there has been a breach of any other T&Cs (apart from those set out in points (1) and (2) above) through your use and/or access of our Website. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including but not limited to:
- Immediate, temporary or permanent withdrawal of your right to use and/or access our Website;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
DISCLAIMER OF LIABILITY
The content displayed on our Website is provided without any guarantees, conditions or warranties of any kind, either expressed or implied, as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Supertone and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend, and hold harmless Supertone, its directors, officers, employees, consultants, partners, subsidiaries, advertising agencies, agents, and affiliates, from any and all third party claims, liability, losses, damages and/or costs (including but not limited to, reasonable attorneys’ fees) arising from your breach of the T&Cs and/or your use of and/or participation in our Website, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or wilful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
Your satisfaction is of utmost importance to us. We shall strive to perform our obligations under these T&Cs with reasonable skills and care. You may email our Supertone Customer Care Team at email@example.com any time if you have any complaints. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. Kindly note that there may be instances where the manufacturer must be involved, and as such it may take longer to resolve such an enquiry or complaint. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within seven (7) Business Days, please make further enquiries.
FORCE MAJEURE EVENT
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control (“Force Majeure event”), including but without limitation:
- Strikes, lock-outs or other industrial action
- Epidemic or pandemic
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks
- The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the circumstance that the Force Majeure event lasts for more than one week, we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered. In the event of a refund due to a Force Majeure event, we may deduct from your refund amount a reasonable compensation for the net costs (e.g. delivery costs, redelivery costs) we will incur as a result of the said Force Majeure event. If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
No failure or delay by us or you in exercising any right under these T&Cs or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these T&Cs or a Contract.
If any clause in these T&Cs or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these T&Cs or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these T&Cs or a Contract or all or any of your rights or obligations under these T&Cs or a Contract.
Nothing in these T&Cs or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
THIRD PARTY RIGHTS
No person who is not a party to these T&Cs or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these T&Cs or that Contract its assent to any such term.
These T&Cs and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these T&Cs at any time. All amendments to these T&Cs will be posted on our Website. However, continued use of our Website will be deemed to constitute acceptance of the new T&Cs. When you submit an Order to our Website, you agree that you do so subject to these T&Cs current at the date you submit your Order. You are responsible for reviewing the latest T&Cs each time you submit your Order.