TERMS AND CONDITIONS OF PURCHASE AND USE OF WEBSITE
- We are Alora Paints Pte Ltd, a company registered in Singapore. Our registered address in Singapore is at 390 Orchard Road, #09-02, Singapore 238871. By you, we refer to you and any person authorised by you.
We may change these terms from time to time and your continued accessing or use of this website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms have been changed. If you do not agree to any change to the terms then you must leave and cease to continue any access to or use of this website. If you have breached or are in breach of the terms and conditions contained herein, we may permanently or temporarily suspend you from access to this Website.
- All enquiries may be directed to us at email@example.com.
- In these terms and conditions, the following terms shall have the following meaning:
- “Losses” means all damages, penalties, losses, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
- “Personal Data” means data, whether true or not, about an individual who can be identified from that data.
PRODUCTS AND SERVICES
- We have listed certain products or services on this website as an invitation to treat. These products or services may have limited quantities and may not be available from time to time. We reserve the right to remove any product or service from listing or availability for order at any time. We reserve the right to discontinue any product or service at any time.
- When you make an order for purchase of any product or services through the website, such order is deemed an offer by you to purchase. You shall be solely responsible for ensuring the accuracy of the order. No purchase is accepted or confirmed unless we have given you confirmation in writing that your offer to purchase has been validly accepted.
- Any order made through the website will be deemed to be irrevocable and unconditional upon submission and we shall be entitled to process such order without any further reference or notice to you. Nevertheless, you may request to cancel or amend your order and we may give effect to such cancellation or amendment if we have not yet processed or confirmed your order.
- All listed prices are subject to applicable taxes unless otherwise stated. We reserve the right to amend the listed prices at any time without giving any reason or prior notice.
- While we endeavour to provide an accurate description of the products or services, we do not warrant that such description is accurate, current, or free from error. All descriptions of products or product pricing are subject to change at any time without notice at our sole discretion.
- We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
- We reserve the right to limit the sales of our products or services to any person, territory or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
- Delivery of any products shall be made to the address you specify in your order. You are solely responsible for ensuring that the address specified is accurate.
- You shall bear all applicable delivery and packing charges as set out in the order.
- You agree that delivery of any product is subject to availability of the product. We will endeavour to deliver the product to you within the estimated delivery timeframe stated on the order confirmation. However, you agree that a product may become unavailable from time to time. All delivery timeframes given are estimates only and you acknowledge that there may be inadvertent delays. The time for delivery shall not be of the essence, and we shall not be liable for any delay in delivery howsoever caused.
- If you do not receive the product by the estimated delivery timeframe, you are responsible for informing us immediately within 14 calendar days from the latest estimated delivery date. In such an event, we will endeavour to locate and deliver the product. Failing which, you shall be deemed to have received the product.
- If you fail to take delivery of the products otherwise than by reason of any cause beyond your reasonable control or by reason of our fault, then without prejudice to any other right or remedy available to us, we may terminate the order contract with you and retain the product and any payment made for the product.
- We may deliver your product to your address without you or any of your representative in attendance to accept the delivery, unless you specifically notify us in writing otherwise. Such delivery shall be at your sole risk and you accept all liability and risk of loss, theft or damage.
- You may pay for the product using any of the payment methods specified by us from time to time. The payment methods may be subject to additional terms as specified in writing by us from time to time.
- You agree that you are subject to the applicable user agreement of your payment method. You may not claim against us for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
RETURNS, REPLACEMENT OR REFUNDS
- You may seek a return, replacement or refund of a product in accordance with the Consumer Protection (Fair Trading) Act and the terms herein. You shall notify us in writing of any request for return, replacement or refund and shall comply with our reasonable instructions as regards any return or refund. We reserve the right to reject any request for return, replacement or refund in our reasonable discretion, including without limitation, if we deem that your request is fraudulent.
- Within 14 days from the date of delivery of the product, you may return a product if you receive a product that is fundamentally different in nature from the product specified in the order confirmation or receive a defective product. If you claim that a product received is fundamentally different in colour from the product you ordered, you may only be entitled to a refund if you have purchased a paint sticker of the colour of the product in question and provide photograph or video evidence satisfactory to us proving that the colour of the product received is fundamentally different from the colour on the paint sticker.
- If a product qualified for a valid return, we may offer the following alternative remedies in our sole discretion:
- We may offer you a partial or full refund of the price paid for the non-conforming product.
- We may offer you a replacement product in place of the non-conforming product.
- If you have been provided a full refund or a replacement product, the non-conforming product or part thereof shall become our property. We are entitled to request, and you shall so arrange, that such non-conforming product be delivered back to us.
- All monetary refunds shall be made via the payment modes specified by us. The processing of refund payments may take time and is subject to the respective banks and/or payment provider internal processing timeline. All refunds are conditional upon our acceptance of a valid return of the product. We reserve the right to modify the mechanism of processing refunds at any time without notice.
RISK AND TITLE
- Risk of damage to or loss of any product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the product, the time when we have tendered delivery of the product.
- Notwithstanding any other term herein, the title and property in the product shall not pass to you until we have received payment of the full price of the product. Until such time as title and property passes to you, you shall hold the product as our bailee and shall keep the product separate from your other goods. We may demand you to deliver up the product to us and/or seek damages and all other costs including but not limited to all legal fees against you.
- You shall indemnify us against all Losses and all legal fees and costs incurred in connection with the assertion and enforcement of our rights under this term.
USERNAME AND PASSWORD
- Certain functions that may be made available on this Website may require the creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a username and password may either be:
- determined and issued to you by us; or
- provided by you and accepted by us in our sole and absolute discretion in connection with the use or access of this Website. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate your username and/or password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep the username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if your Personal Data requires updating.
- You acknowledge that any use or access of this Website and any information, data or communications referable to your username and password shall be deemed to be, as the case may be: use or access by you; or information, data, or communications posted, transmitted or issued by you.
- You agree to be bound by any act or omission in respect of the use or access of this Website referrable to your username and password (whether such access or use is authorised by you or not) and you agree that we shall be entitled to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use or access of the Website referable to your username and password.
INTELLECTUAL PROPERTY RIGHTS
- The materials located on this website, including the graphics, images, photographs, information and source codes available on or through this website (“the Content”), are protected by copyright, trademark and other forms of intellectual property rights. All rights, title and interest in the Content are owned by, licensed to, or controlled by us.
- You shall not appropriate, reproduce, republish, upload, post, transmit or otherwise distribute any part of the Content in any way without our prior written consent or unless permitted by us under these terms.
- You may use, copy, post or hyperlink the Content on this website solely for personal, non-commercial and informational purposes only. You may not use, copy or otherwise do anything with any of the Content found on this website for any commercial purpose unless you have our prior written consent.
- Modification of any of the Content or use of the Content for any other purpose will be a violation of our copyright and other intellectual property rights.
- By submitting or uploading any information, text, photos, graphics or other content to us, whether through this website or otherwise, you warrant that you have the necessary title, interest, right or licence to submit, upload or provide to us such materials and you thereby grant us a right to use such materials at our own discretion including to edit, copy, reproduce, disclose, post and remove such materials from this website.
YOUR USE OF THIS WEBSITE
- This website is owned and maintained by us. You agree that you will not:
- You agree that, in the event that you have any right, claim or action against any other user of this website arising out of that user’s use of this website, you will pursue such right, claim or action independently of, and without recourse to, us, and keep us indemnified against any claims, costs and expenses arising therefrom.
- We reserve the right to update or modify this website from time to time. We further reserve all rights to deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without ascribing any reasons whatsoever.
- This website may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, do not endorse, and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
WARRANTIES AND LIMITATION ON LIABILITY
- We make no warranties of any kind in relation to the Content or this website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, completeness, correctness, reliability, timeliness, or any implied warranty arising from course of dealing or usage or trade. We cannot be responsible for any error or omission, or for the results obtained or consequences arising from the use this website, or for the authenticity or integrity of any transaction or communication made through this website.
- We do not warrant that this website or server is free of viruses or other malicious, destructive or corrupting code or programme. You agree that we cannot be held liable for any damage to your computer system or loss of data that results from your use of this website.
- We do not warrant that this website will be available uninterrupted and in a fully operating condition. You acknowledge that access to this website may be suspended at our discretion without notice.
- In no event shall we be held liable for any loss or damage including, indirect or consequential loss or damage or any loss or damage whatsoever arising from, or in connection with, your use, access or loss of access, of this website.
- The warranties with respect to any product or services sold to you shall be as notified in writing to you and described specifically as “Product Warranty” in the order confirmation and shall be limited by the terms and conditions therein. Except as expressly provided in any specific product warranty notified to you in writing, we hereby exclude all other express or implied terms, warranties or conditions with respect to the products or services supplied.
- We expressly disclaim any warranty that the quality, state, condition or fitness of any products, services, information, or other material purchased or obtained by you will meet your expectations or fit any particular purpose or use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to us, or any warranty as to the life or wear of the products supplied.
- The paint available for purchase from us is to be used only for application on ceiling or wall surfaces, in particular, concrete, drywall, plaster or wood surfaces. We shall be under no liability in respect of any Losses suffered by you or any third party arising from unsuitable or improper use, fair wear and tear, wilful damage, negligence by you or any third party, abnormal working conditions, defective or negligent handling, improper maintenance, chemical influences or any failure to follow our instructions in respect of the products supplied.
- You agree to be fully responsible for, and fully indemnify us against, and hold us harmless from and against, all and any claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity basis, suffered or incurred by us, or made against us, arising out of your use of this website or any breach of these terms by you.
- We reserve the right to terminate any order or order confirmation or contract for purchase of any product if a product or the price of the product has been listed or described incorrectly on the website or order, in which event we shall notify you of such cancellation in writing. We shall have such right to terminate whether or not any product has been delivered or is in transit or whether payment has been made.
- By using this website, you warrant and represent that you are over the age of 18 or the legal age of majority in your country of residence who have the legal capacity to enter into and form contracts under any applicable law.
- If any part of these terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these terms and shall not affect the validity and enforceability of any of the remaining parts of these terms.
- No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of the terms.
- Except insofar as these terms expressly provide that a third party may in his own right enforce any term herein, a person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to rely upon or enforce any term but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
- These terms shall be governed by and interpreted in accordance with the laws of Singapore. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Singapore.