Skillshifu TERMS AND CONDITIONS FOR ONLINE SHOPPING
- These terms and conditions (these “Terms and Conditions”) contain the provisions in the contractual relationship entered into between you (the “Customer”), and us (“SkillShifu”) which you agree to be binding and enforceable at the time you submit an order either through the website at https://www.SkillShifu.com (the “Website”) to purchase the Products. By placing such orders with us, you are deemed to have read, understood and accepted these Terms and Conditions.
- SkillShifu reserves the right to add, vary or amend any of these Terms and Conditions from time to time without prior notice to the Customer. It shall revise such Terms and Conditions by updating this page from time to time, and in its sole discretion.
- SkillShifu reserves the right to modify or discontinue, temporarily or permanently, this Online Shopping service (or any part thereof) with or without notice at any time.
- In these Terms and Conditions, the following expressions shall have the following corresponding meanings:
- “Intellectual Property” refers to all intellectual property rights of whatsoever nature, including (but without limitation to) patents, trademarks, service marks, designs, applications for any of the forgoing, copyright, design rights, know-how, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof, trade and business names;
- “Online Shopping” refers to the purchasing of Products through the Website; and
- “Products” refers to any products for sale by SkillShifu as featured on the Website.
- All the Products sold by SkillShifu through the Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between the Customer and SkillShifu.
- The Online Shopping service is available only to a Customer aged 21 and above and Products may be collected or delivered within Singapore only. SkillShifu has the sole and absolute discretion to refuse to accept the orders of a potential customer for any reason whatsoever and to terminate the orders of any Customer for any reason whatsoever. SkillShifu is not obliged to give a reason for such refusal or termination.
- The Customer may place an order through the Website by clicking on the ‘Make Payment’ button. Shortly after the order is successfully submitted, an email will be sent to the Customer at the email address provided at the point of submitting the order. This email acknowledges the details of the Customer’s order. If the Customer does not receive an acknowledgment email from SkillShifu within two working days, please contact SkillShifu’s Customer Service at email info@SkillShifu.com.
- Confirmation of receipt of the Customer’s order does not guarantee the availability of the Products.
- SkillShifu reserves the right to reject any orders at any time, in its sole discretion. Non-acceptance of an order may be a result of any of the following:
- The Product(s) ordered is out of stock;
- SkillShifu is unable, for any reason, to obtain authorisation for the Customer’s payment;
- There is a pricing or product description error; or
- Any other reason that prohibits it from processing the Customer’s order.
- SkillShifu only accepts payment for orders in Singapore Dollars.
- SkillShifu accepts payment by American Express, MasterCard, MasterCard Debit, Visa and Visa Debit via PayPal™. SkillShifu does not accept Switch, Electron, Maestro or any other international debit cards, credit or other modes of payment.
- The issuer of the credit card or debit card or charge card may have policies and procedures relating to how payments are effected in Singapore dollars. SkillShifu is not responsible for the application of such policies and procedures.
- Please do not send any payment information via email as SkillShifu does not guarantee the security of data sent by email.
- By submitting an order to SkillShifu through the Website, the Customer represents and warrants that the payment details provided on the Customer’s order are valid and correct, and that when the Customer’s order is accepted and processed by SkillShifu, payment will be made in full. By placing an order, the Customer confirms that he is the person referred to in the billing section.
- Please note that the prices featured in the Website may change from time to time, and any special offers may be withdrawn in SkillShifu’s sole discretion at any time.
- Although SkillShifu tries to ensure the prices displayed on the Website are accurate, errors may sometimes occur. If SkillShifu discovers an error in the price of an item the Customer has ordered, SkillShifu will contact the Customer as soon as possible. The Customer has the option to reconfirm his order at the correct price or cancel it. If SkillShifu is unable to contact the Customer, SkillShifu may treat the Customer’s order in respect of the incorrectly priced item as cancelled.
- The prices featured in the Online Shopping service in the Website are exclusive to the Website. Further offline discounts promotions and vouchers of SkillShifu’s associated companies are not applicable.
- Prices for some Products on the Website may differ from those available for sale at SkillShifu and other SkillShifu associated companies.
- The prices featured in the Website are valid and binding on the day the Customer submits the Order and when the order is accepted by SkillShifu and no requests for variation or reduction of the prices, or application of future discounts offered on the Website, will be entertained or accepted by SkillShifu.
VARIATION / CANCELLATION OF ORDER
- After submission of an order via the Website, the Customer cannot vary or cancel the order as SkillShifu may have already processed the Customer’s order. No refund of payments are allowed.
PRODUCT AVAILABILITY / DESCRIPTION OF PRODUCTS
- Products featured on the Website have been carefully selected for Online Shopping. Once a Product is sold out, it will be taken off the Website at the earliest opportunity and may not be available again.
- SkillShifu has taken care to ensure that the Product illustrations and information are as accurate as possible, but photographs and images that are shown on the Website are only representations and the actual Products that are delivered to the Customer may vary accordingly.
- SkillShifu may from time to time set credit limits for individual Customers and SkillShifu reserves the right to limit or restrict the sale of Products to any Customer. In addition, SkillShifu reserves the right to reject any sale to re-sellers.
EXCHANGE AND RETURNS POLICY
- Except in relation to faulty or incorrectly supplied goods as set out in paragraph 26 below, all Products purchased on the Website may NOT be returned for a refund or exchange.
- SkillShifu has a policy of no refund or return of exchange of Products unless the Products are:
- Defective or damaged due to transit and which defects or damage can be directly attributed to SkillShifu’s fault;
- Have expired; or
- Materially different from the Product the Customer had ordered.
- The Customer must check the Products upon collection or upon delivery and acknowledge on the acceptance form that the Products are correct in accordance with their order and in good condition. If the Products are faulty or incorrect, Customers must immediately inform the delivery personnel and if requesting for a replacement Product(s), to submit such request either by email to info@SkillShifu.com
- Upon confirmation by SkillShifu of such defects, damage, expiry of or incorrect Products, SkillShifu shall, offer a replacement of the Product and SkillShifu has the sole and absolute discretion to choose such replacement Product. The Customer is not entitled to request for any other replacement Product.
- For Products that have been delivered and fall under paragraph 28 above and which SkillShifu has agreed to replace, a replacement will be arranged for re-delivery by SkillShifu’s Customer Service Team.
- If any Product has not been delivered but the Customer has paid for it, SkillShifu shall, in its sole and absolute discretion, either arrange for a subsequent delivery of the missing Product, or refund the Customer a sum equivalent to the value of the Product. The Customer is not entitled to choose which of the aforesaid options are to be offered to him.
- If the Customer has paid in excess of the final purchase amount due for the delivered Products, SkillShifu shall refund the Customer the sum equivalent to the difference in the amounts without any interest or penalty.
- SkillShifu reserves the right to collect any Product or any item which may have been included erroneously in the delivery package.
- A SkillShifu credit is a credit in Singapore dollars issued by SkillShifu in certain circumstances and for use by the Customer in a subsequent online purchase by the Customer. A SkillShifu credit will be issued to the Customer if an item the Customer has purchased is unavailable due to bad weather, poor crop yields or damaged en route.
- If a SkillShifu credit is issued because SkillShifu is unable for any reason, to deliver any Products ordered by the Customer, SkillShifu will inform the Customer via an automated email sent to the Customer’s email address registered with SkillShifu.
- SkillShifu credits are denominated in Singapore dollars and may be used only as a set off against any purchase price payable in the Customer’s subsequent online purchase and not for any present order(s) pending for the Customer.
- When a Customer logs into to the Customer’s account, the Customer should be able to view the SkillShifu credits, if any, in the account profile.
- SkillShifu credits can only be used for online purchases.
- SkillShifu credits are valid only for 3 months from the date of issue of the credit. If any credit is not utilized after 3 months, such credit(s) will be forfeited.
- SkillShifu credits are non-transferable.
- SkillShifu may offer special arrangements such as a standing order, where a Customer pre-arranges with SkillShifu and requests for a fixed number of Products selected by the Customer. Delivery for standing orders are on a weekly basis, and for a period between 2 to 12 weeks (or such other period as may be varied by SkillShifu in its sole and absolute discretion). For delivery fees, please refer to paragraph 46. SkillShifu reserves the right to amend, vary or modify in any way, the terms and conditions that apply to standing orders. SkillShifu reserves the right to refuse to accept any instructions or requests for a standing order from any person or Customer as it may deem necessary without furnishing any reasons for such refusal. SkillShifu may withdraw any special arrangements or standing order offers at any time in its sole and absolute discretion and shall not be liable to a Customer for any refusal, cancellation or withdrawal.
- Delivery is subject to availability of Products in stock and SkillShifu’s delivery schedule. There are no deliveries on Mondays, Thursdays, Sundays and Public Holidays.
- There are no delivery charges for normal delivery purchases or standing order purchases above S$120 per delivery.
- Please note that Products can be delivered to Singapore addresses only and will not be delivered outside of mainland Singapore.
- SkillShifu shall use reasonable endeavours to effect delivery within the requested time slots but SkillShifu shall not be liable for any delay howsoever caused. Delivery timings may be changed by SkillShifu at any time and in its sole and absolute discretion.
- Customer can also choose express delivery for one time purchases, which will be delivered within 1-2 days. Express delivery will be charged at S$30 per delivery.
- For standing orders of S$120 and above, a new order that is tagged on for delivery on the same day will not be charged with delivery fee. For any new order that does not exceed S$120, delivery charges of S$20 per delivery will apply.
- Delivery must be accepted by the Customer or the Customer’s authorised representative, who shall sign on the acceptance form confirming safe receipt of delivery. If the Customer is not able to accept delivery, the Customer must contact SkillShifu immediately and with sufficient prior notice given to SkillShifu, to arrange for a subsequent delivery time slot, which will be allocated according to SkillShifu’s schedule. The Customer will bear all transport costs and administrative fees for each change in the delivery schedule.
- If the Customer fails to notify SkillShifu in reasonable time to enable SkillShifu to arrange for a subsequent delivery, or, if the Customer is not present to accept delivery at the appointed delivery time, and SkillShifu is unable or fails to effect delivery to the Customer or the Customer’s authorised representative, SkillShifu shall deposit the Products/delivery items at the guard house of the Customer’s residential address (if applicable) or at the Customer’s residential home (at the door step/gate, where applicable) and such delivery shall be deemed sufficient delivery and SkillShifu shall not be liable in any way to the Customer for loss, damage or defects to the Products delivered.
- The Customer will also pay for all perishable Products in the earlier delivery attempt(s) which have been damaged and/or have expired and all substitute Products which SkillShifu includes in the subsequent delivery.
- All risks in the Products passes to the Customer upon delivery to the delivery address or as delivered in accordance with paragraphs 48 or 49 above.
EXCLUSION/LIMITATION OF LIABILITY AND WARRANTIES
- SkillShifu does not warrant to the Customer or to any third party who purchases or consumes or uses the Products purchased via the Website any fitness or suitability for any purposes, merchantability of the Products satisfactory quality of the Products or make any representation in respect of the condition or usage of the Products in any way, and SkillShifu shall not be liable for any losses or damage, whether direct or indirect, or consequential losses, which may be suffered by the Customer or any third party arising from the consumption or use of the Products so delivered.
- SkillShifu does not adopt any representation or warranty of any kind, by any manufacturer or merchant or distributor or supplier or agent of any Products which are offered for sale through the Website.
- Any liability of SkillShifu arising under the laws of Singapore for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of SkillShifu’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the affected Product.
- In addition, the Customer hereby expressly acknowledges and agrees that:
- This Online Shopping service is provided on an “as is” and “as available” basis;
- SkillShifu shall not be liable to the Customer or any third party for any losses or damage, whether direct or indirect, including but not limited to loss of data, income or profit arising out of or in connection with the use of or inability to use the Website or this Online Shopping service, or consequential losses, which may be suffered by the Customer or any third party arising from the access to and use of this Online Shopping service; and
- Any material which the Customer downloads or otherwise obtain through the use of the Website is done at the Customer’s own discretion and risk and the Customer is solely responsible for any damage to his computer system or loss of data or other liability that results from the download of any such material. SkillShifu is not liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to the Customer’s computer system or any other losses or damage resulting directly or indirectly from access to or use of the Website, or any uploading, downloading of data, text, images or other materials or information from the Website.
- The Customer hereby unconditionally consents to SkillShifu releasing any data provided via this Online Shopping service to SkillShifu’s employees, advertisers, parent company, related companies and associated companies, subcontractors, agents or other network operators who carry out services for SkillShifu in connection with the provision of these services to the Customer.
COLLECTION OF PERSONAL INFORMATION (refer to https://skillshifu.com/privacy-policy)
- SkillShifu collects personal information such as the Customer’s name, email address, birth date, gender, address, contact information, occupation, credit card and other payment information, and personal interests and preferences (“Personal Information”) when the Customer:
- Applies to be a registered user of the Website;
- Visits the web pages on the Website that can be accessed without the need for registration;
- Makes an online purchase through the website of our third party service provider, PayPal™ or such other service provider we may use from time to time;
- Enters promotions or contests that are available to the Customer without having to be a registered user of the Website;
- Conducts any Online Shopping; and
- Submits a comment, question or feedback to SkillShifu using a “Contact Us” or similar feature on the Website, send an email to SkillShifu, or in any other way, submit Personal Information to SkillShifu via the Website.
- SkillShifu also automatically receives and records information from the Customer’s browser on SkillShifu’s server logs including but not limited to the Customer’s Internet protocol address, cookie information and the page the Customer requested.
- SkillShifu uses the Personal Information:
- To facilitate the Customer’s access to the Website or the Customer’s Online Shopping;
- To customize and personalise the content of the web pages that the Customer sees;
- To fulfill the Customer’s requests for Online Shopping; and
- To evaluate the Customer’s preferences and facilitate future works on the Website.
- The Customer’s Personal Information will not be sold, transferred or otherwise conveyed to unaffiliated third parties without the Customer’s approval at the time of collection. At such point of collection, the Customer shall have the opportunity to indicate whether the Customer would like to “opt out” of receiving promotional and/or marketing information from SkillShifu and its related companies and associated companies. The Customer’s request for SkillShifu to cease sharing the Customer’s Personal Information with other entities for marketing purposes will only take effect from the date SkillShifu receives the Customer’s request.
- By using the Website or providing personal information to SkillShifu, the Customer agrees that SkillShifu can communicate with the Customer electronically regarding security, privacy and administrative issues relating to the Customer’s use of the Website. SkillShifu may post a notice on the Website if a security breach occurs. SkillShifu may also send an email to the Customer at the email address provided in these circumstances.
- The Website may contain links to other websites and pages. By clicking on or activating such links and leaving the Website, the Customer acknowledges that SkillShifu does not exercise control over any data or any information which the Customer gives to any other entity after leaving the Website. Any access to such other sites or pages is entirely at the Customer’s own risk.
- SkillShifu shall not be liable to the Customer for default of its obligations under Online Shopping services when such default is by reason of:-
- fire, accident, any law, order, proclamation, regulation, demand or requirement of the Government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the control of SkillShifu,
- Act of God (i.e. extraordinary or unforeseeable manifestation of the forces of nature beyond the powers of human intervention, such as tornadoes, hurricanes, typhoons and earthquakes), or
- war or armed conflict or acts of terrorism, which include disruption of civil authority, transportation and communication services, in which cases, SkillShifu shall be excused from such performance to the extent of such prevention.
- These Terms and Conditions shall be governed by, and shall be construed in accordance with the laws of Singapore and the Customer agrees to submit to the jurisdiction of the Singapore courts.
- INTELLECTUAL PROPERTY RIGHTS
- This Website and all materials, including but not limited to photographs, illustrations, data, text, images and information on the products and services offered by SkillShifu (the “Contents”) appearing on this Website are protected by copyright, trademark and other forms of proprietary rights (“Intellectual Property”) which are owned, licenced to or controlled by SkillShifu or its affiliates.
- Except as otherwise provided and agreed to in writing by SkillShifu, you are strictly prohibited from uploading, downloading, copying, reproducing, re-publishing, transmitting or distributed in any way, the Contents or any part thereof.
- SkillShifu retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in this Website, and you and any other persons are prohibited from using the same without the prior written permission of SkillShifu.
- ACCESS TO WEBSITE
- SkillShifu reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
- This Website may contain links to other websites and pages which are not maintained by SkillShifu. By clicking on or activating such links, you acknowledge that SkillShifu does not exercise control over any data or any information which you give to any other entity after leaving this Website. Any access to such other websites is entirely at your own risk. SkillShifu shall not be liable for any damages or loss arising from you accessing such other websites.
- All hyperlinks to such other websites are provided as a convenience to you, and SkillShifu is not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites.
- No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, SkillShifu does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
- By using this Website including submitting your request for our weekly e-alerts on new stock and supplies, and promotions in our stores, and/or providing personal information to us (including your email address) you agree that we can communicate with you electronically on all matters, including those regarding security, privacy and administrative issues relating to your use of this Website. We may post a notice on our website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances.
- You hereby unconditionally consent to us releasing any data you provide, via this Website (including submitting your request for our weekly e-alerts on new stock and supplies, and promotions in our stores), or by phone or fax orders, to SkillShifu’s employees, advertisers, parent company, related companies and associated companies, subcontractors, agents or other network operators who carry out services for SkillShifu in connection with the provision of services related to this Website.
- Subject to clause 5.3, we will use reasonable endeavours to keep your data confidential except in the following instances:-
- The disclosure of data is required by law, or any binding judgment, order or requirement of any court or other competent authority;
- The disclosure of data is required to any tax authority to the extent reasonably required for the purposes of tax;
- The disclosure of data is necessary to comply with any legal proceedings in relation to SkillShifu and/or the maintenance or use of this Website; or
- You have given your consent to release your data.
- Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website or posted on this Website will be deemed to have been provided voluntarily on a non-confidential and non-proprietary basis. SkillShifu therefore reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, releasing such information to any advertisers, parent company, related companies and associated companies in connection with the development, marketing, manufacturing of products and services.
- SECURITY OF WEBSITE
- You hereby expressly acknowledge and agree that:-
- This Website is provided on an “as is” basis without warranties of any kind and SkillShifu does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
- SkillShifu does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, non-infringement of the Contents;
- To the fullest extent permitted by law, SkillShifu is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of this Website. Accordingly, you hereby release SkillShifu (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with your use of this Website;
- Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. SkillShifu is not liable for any computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
- While SkillShifu shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
- You agree to indemnify and hold SkillShifu, its directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, demand or costs (including solicitors’ fees on a full indemnity basis) which SkillShifu may suffer or incur due to or arising out of in connection with :-
- Any action taken or omitted to be taken in good faith by SkillShifu pursuant to your instructions, including your request for our weekly e-alerts on new stock and supplies, and promotions in our stores, and/or providing personal information to us;
- FORCE MAJEURE
- OTHER PROVISIONS
- APPLICABLE LAW