1. Introductions
1.1 These Terms & Conditions govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these Terms & Conditions. Please read the following terms and conditions of use (“conditions of use”) carefully before using this website.
1.2 In this site:
a) “Account” means the account that you register for on the website;
b) “Acknowledgement” means our acknowledgement of your order by email;
c) “Working day” means a day which is neither a Saturday nor Sunday, nor a public holiday in Singapore;
d) “Confirmation of order” means our email to you, in which we accept your order in accordance with clause 3.9;
e) “Contract” means your order of product(s) which we accept in accordance with clause 3.9 below;
f) “Customer” means individual who places an order on the website;
g) “Order” means the order submitted by you to the website to purchase Product(s);
h) “You” means the Customer who places an order;
i) References to “clauses” are clauses of these Terms & Conditions;
j) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
k) References to “includes” or like words or expressions shall mean without limitation.
1.3 These Terms & Conditions are our copyrighted intellectual property. Used by third parties – even extracts for the commercial purposes of offering goods and/or services – is not permitted. Infringements may be subject to legal action. You must not link to, frame or mirror any part of this website without our written authorisation.
2. Effect
2.1 These Terms & Conditions shall apply to all contracts made or to be made by us for the sale of products. Nothing stated here affects your statutory rights.
2.2 These Terms & Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
2.3 No other terms or changes shall be binding unless agreed in writing signed by us.
3. Terms of Sale
3.1 By placing an order you are offering to purchase a product and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
3.2 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your bank account, credit or debit card.
3.3 We shall not be held responsible or liable for any delay or failure in performance arising as a result of any occurrence or contingency beyond its reasonable control, including but not limited to, accident, act of God, acts of the public enemy, earthquake, fire, flood, labour dispute, riots, civil commotion, war (declared or not), requirements or acts of any government or agency thereof.
3.4 If you are asked for details of a payment card or bank account, you must be fully entitled to use that card or bank account. The card or bank account must have sufficient funds to cover the payment.
3.5 You undertake that all details provided to us, for the purpose of purchasing the Product, are correct. We reserve the right to obtain validation of your payment details before providing you with the product.
3.6 You are responsible for reviewing the latest Terms & Conditions each time you submit your order.
3.7 Your order remains valid as an offer until we issue our confirmation of order.
3.8 We shall not be obliged to supply the product to you until we have accepted your order. Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.9 A Contract shall be formed and we shall be legally bound to supply the product to you. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” (email confirmation). It shall be deemed to come into effect when it has been dispatched by us. Until the time when we accept your Order, we reserve the right to refuse to process your Order and we will refund any payment made by you.
3.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at 65099870 immediately. However, we cannot guarantee that we will be able to amend your Order.
3.11 We try to ensure that the price given to you is accurate. If the price for the Order changes before we accept your Order, we will contact you and seek confirmation that you wish to proceed at the amended price only during working days and hours.
3.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We are not obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
3.13 You must only submit to us information which is accurate and not misleading and you must keep it up to date and inform us of changes.
3.14 All prices and delivery charges listed on this website are exclusive of GST, all other duties, fees, taxes, costs of delivery, packaging and insurance costs which shall be charged separately.
3.15 All prices are subject to increase by us for any variation in the delivery schedule, design, quantities or specification of the goods made at your request, or any delay caused by you.
3.16 Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
3.17 This website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on this website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
4. Cancellation
4.1 We may cancel a contract if the product is not available for any reason. We will notify you and return any payment that you have made.
4.2 We will usually refund any money received from you using the same method used by you to pay for the product.
5. Cancellation by Customer (Non-Faulty Product)
We do not allow cancellation of orders by customers. Please review your order carefully before placing order, once orders are placed, we are not able to modify or cancel it.
6. Faulty Products
6.1 We warrant that:
a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order;
6.2 The Product is to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product in accordance with those instructions.
6.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
6.4 We try to deliver Products in excellent condition. However, in the event that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
6.5 In order to provide you with any remedies for a faulty Product, please email us at info@soteriatech.com.sg with the following information:
a) Your name, contact number, order number and tracking number (if any) and item name and other information that you deem necessary.
b) You specifying with reasonable detail the way in which it is alleged that the Product is damaged;
6.6 If you would like us to replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been subject to carelessness, damage or abnormal conditions; or
b) after delivery by us, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs at our current standard fees and costs and charge this to your credit/debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses.
7. We warrant that, insofar as the goods are of its own manufacture, they shall be free of defect in workmanship or materials at the time of delivery. If any item do not conform to that warranty, we will at our option:
a) replace the goods found not to conform to the warranty and such replacement shall be supplied to these Conditions; or
b) take such steps as we deem necessary to bring the goods into a state which they are free from such defects; or
c) take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price.
PROVIDED THAT
(i) the liability of ours shall not arise unless you demonstrates to us reasonable satisfaction that the goods have, prior to use, been properly stored and handled and subsequently have not been used in any unusual or abnormal way or in a manner contrary to any instructions or recommendations for use provided by us/ the manufacturer;
(ii) the liability of ours shall in no event exceed the purchase price of the goods;
(iii) performance of any one of the above options [as limited by (ii) above] shall constitute an entire discharge of our liability under this warranty.
8. We further undertake that, insofar as the goods are not of its own manufacture, it will pass on to you the benefit of any guarantees or indemnities given to it in respect of such the goods by its own suppliers.
9. Save as provided in clause 7 and 8 above,:
(i) all conditions and warranty, expressed or implied, as to quality or fitness for any purpose of the goods are hereby expressly excluded;
(ii) We shall not be liable for any loss or damage (whether direct, indirect or consequential) howsoever arising which may be suffered by you and you indemnify us against any and all losses, liabilities, claims, costs and expenses (including legal expenses) made against or incurred by us in relation to any third party claims arising out of or in connection with the supply of our products; and
(iii) it is hereby expressly declared that any statements as to quality made by us do not form part of the description of the goods.
10. The application, use and processing of the goods is the absolute responsibility of you and you shall be deemed to have carried out its own tests to ensure the suitability of the goods for their intended purposes and applications. All recommendation and advice given by or on behalf of us to you as to the methods of storing, applying or using the goods, the purposes to which the goods may be applied, and the suitability of using the goods in any process or in conjunction with any other materials are given without liability on the part of ours, its servants or agents.
11. You must not:
a) use this website in breach of any applicable laws or regulations;
b) use this website to harm, abuse, harass, stalk, threaten or otherwise offend others;
c) interfere with, disrupt, or create an undue burden on this website;
d) upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
(e) If you believe that a user has breached any of the above conditions, please contact us.
12. We reserve the right to block or suspend any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on this website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via this website, you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose.
13. We are not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on this website by any person other than ours. We do not endorse any opinion, advice or statement made by any person other than our own.
14. You agree to indemnify us and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of ours in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Conditions of Use, or any other default or wrongful conduct in relation to the subject matter of these Conditions of Use, on the part of you or any of your Affiliates.
15. Risk and Property
15.1 Risk of damage to or loss of the goods are passed to you when the goods are delivered to or collected by you or your agent.
15.2 Notwithstanding risk in the goods passing in accordance with clause 15.1 hereof, title in the goods shall not pass to you until full payment has been received by us for the goods and any other goods supplied by us to you.
15.3 Until the title in the goods passes to you, you shall hold the goods upon trust for us and shall keep the goods separate from those of yours and third parties, and clearly identified as our property unless you use or sell the goods in the ordinary course of business in which case you shall hold the altered goods or proceeds of sale upon trust for us.
15.4 When payment of any sum due to us from you becomes overdue or when you become insolvent goes into liquidation, has a winding up order made against it or has an administrator or administrative receiver appointed over its assets, income or any part thereof or enters into an arrangement with its creditors, all sums owed to us shall become immediately due and payable and we shall have the right to recover and resell the goods and may enter your premise by its servants or agents for that purpose.
16. Claims for Loss or Defect
16.1 You shall inspect the goods immediately upon delivery and shall within 7 days from such delivery, give notice in writing to us of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the goods are not in accordance.
16.2 The goods in respect of which you make any claim hereunder shall be preserved intact as delivered and we or our agents shall have the right to attend your premises to investigate the complaint.
16.3 If you fail to give notice or to preserve the goods as required pursuant to paragraphs 16.1 and 16.2 above, the goods shall be conclusively presumed to be in all respects in accordance and free from any defect and you shall be deemed to have accepted the goods accordingly.
17. Exclusions
a) Defects arising from accident, misuse, mishandling (e.g. scratches, dents, drops etc).
b) Improper installation or any manner of tampering.
c) Usage of wrong electrical supply/voltage, usage not in accordance with the operation instruction booklet.
d) Normal wear and tear, corrosion/fungus, rusting or stains, any unauthorized repair or modification to the product.
e) Damage to the product due to wrong usage of product accessories such as wrong adapters or batteries.
f) Damage done by water or battery leakage will not be covered.
g) External damage such as burn marks.
8. Limitation of Liability
8.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.
9. Guarantee and complaints management
9.1 We shall perform our obligations under these Terms & Conditions with reasonable care.
9.2 We place great value on customer satisfaction. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
9.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and send us copies of the Order or at least the order number via email. If you do not receive a confirmation from us within 5 Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters and may not reach us, or the correspondence that we sent to you may otherwise not have reached you.
10. Circumstances beyond our control
10.1 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.
10.2 Either party may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of three Business Days or more, in which event neither party shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
10.3 If we have contracted to provide identical Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
10.4 We are not liable for any damages arising from the use or inability to use our products and website.
11. Notices
11.1 Any notice under a Contract shall be in writing via email addressed to the relevant party at the email address of the relevant party last known to the other.
11.2 Any notice given by post shall be deemed to have been served three Business Days. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
12. Advertising on the Site
12.1 We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
13. General
13.1 We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order.
13.2 No failure or delay by us or you in exercising any right under these Terms & Conditions 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 Terms and Conditions or a Contract.
13.3 If any clause here or a Contract was 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 Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
13.4 Nothing in here or a Contract shall be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
13.5 These Terms & Conditions 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 parties hereby submit to the non-exclusive jurisdiction of the Courts of Singapore.
14. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms & Conditions at any time. All amendments will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
15. Disclaimer
From time to time, information on the website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after your order submission).
By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify us for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.