1. Introduction
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.
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) “Breach of Duty” has the meaning given to it in clause 9.11(b);
d) “Business Day” means a day which is neither a Saturday or Sunday, nor a public holiday in Singapore;
e) “Confirmation of order” means our email to you, in which we accept your order in accordance with clause 3.9;
f) “Contract” means your order of product(s) which we accept in accordance with clause 3.9 below;
g) “Customer” means individual who places an order on the website;
h) “Liability” has the meaning given to it in clause 9.11(a);
i) “Order” means the order submitted by you to the website to purchase Product(s);
j) “You” means the Customer who places an order;
k) References to “clauses” are clauses of these Terms & Conditions;
l) 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;
m) 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 of extracts for the commercial purposes of offering goods and/or services – is not permitted. Infringements may be subject to legal action.
2. Effect
2.1 These Terms & Conditions shall apply to all contracts made or to be made by us for the sale of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall constitute your unqualified acceptance of these Terms & Conditions. 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. How a contract is formed
3.1 When making an Order, you must follow the instructions on the website on how to make Order and for making changes to your order before submitting it.
3.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the site, all charges are in SGD. Subject to clause 3.11 below, this is the total that you will pay for receipt of the ordered product.
3.3 You shall pay for the product in full at the time of ordering by supplying us with your credit/debit card details that is acceptable to us or by PayPal, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.
3.4 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the payment.
3.5 You undertake that all details you provide 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 or, if earlier, when we receive your notice revoking your order.
3.8 We shall not be obliged to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order, an email, letter, fax or other 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 when we accept your Order. 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”. It shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will refund any payment made by you.
3.10 If you discover that you have made a mistake with your Order after submitting it, please contact us at enquiry@tongjumchew.com immediately. We cannot guarantee that we will be able to amend your order, but will try our best to help you.
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.
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.
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)
If you wish to cancel your order, please contact us at enquiry@tongjumchew.com as soon as possible. No cancellation fees apply but once an order has been processed it cannot be cancelled and there will be no refund.
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, if you tell us 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, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged;
b) you providing us with the delivery note number and information as we reasonably require.
6.6 We reserve the discretion to decide if a defective product should be replaced. If we find that the Product has:
a) been misused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer’s instructions for the Product;
We may decide not to provide a replacement product for you.
We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses resulting from our decision to not provide a replacement.
7. Vouchers
7.1 You may use promotional and gift vouchers as payment for the Products. Specific details for the vouchers are at clause 7.7 and 7.8 respectively.
7.2 To redeem vouchers in your Account or check an existing credit, please visit “My User Account” on the Site.
7.3 We may email vouchers or promotion codes to you. Subject to clause 10.2, we accept no liability for errors in the email address of the voucher recipient.
7.4 If you have a voucher, it can be used by someone other than you.
7.5 In the event of fraud or in the event of the suspicion of illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
7.6 We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
7.7 Conditions for the redemption of promotional vouchers:
a) From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. It can only be redeemed on the Site.
b) Vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers and discounted items.
c) The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
d) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
e) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
f) If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
7.8 Conditions for the redemption of gift vouchers
a) You may purchase gift vouchers for use on the Site by you or other Customers. These gift vouchers will be sent by email.
b) Gift vouchers cannot be used to buy further gift vouchers and may only be purchased through debit/credit card or PayPal.
c) The credit of a gift voucher does not accrue interest nor does it have a cash value.
d) An order for a gift voucher can be cancelled by contacting us at any time before the gift voucher has been redeemed. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
e) If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
7.9 We seek your understanding that www.tongjumchew.com is a separate entity from Tong Jum Chew Retail outlets. Unless explicitly stated, promotional activities for one entity is not applicable to the other. We apologize for this inconvenience.
8. Limitation of Liability
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 our customer satisfaction. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry.
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 that we assign you in the Acknowledgement or Confirmation of Order. If you do not receive a confirmation from us within five (5) Business Days, please make further enquiries. 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.
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 you or we 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 five (5) Business Days or more, in which event neither you nor we 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.
10.5 We are not responsible for any additional costs you may incur in the purchase of our products. These additional costs include but are not limited to import taxes, re-direction charges, transportation expenses or fines.
10.6 We are not liable to compensate or refund you should your order be withheld or destroyed by your country’s custom authorities. It is your responsibility to ensure the products you purchase conform to the laws of your country.
10.7 We are not responsible if your parcel is lost because you provided an incomplete or inaccurate address. We are also not responsible if you are unable to collect your parcel for any reason if the postal service of your country has already acknowledged its receipt. In certain cases, you may be entitled to a partial refund (Please refer to our Refund Policy).
11. Notices
11.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or 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
We shall use our reasonable endeavors 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 we and you 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 on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
15. Inaccuracy 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).
16. Refund, Exchange and Return Policy
16.1 We will issue a full refund by PayPal if we are unable to fulfill your order due to unforeseen circumstances, or if you notified us of your intention to cancel an order before it has been dispatched.
16.2 We will issue a partial refund by PayPal if your parcel was returned to us due to non-collection by you or failed delivery by the postal service of your country. Please note that in such circumstances, the postage fees paid by you is forfeited. We will only refund the cost of the products.
16.3 Otherwise, all items purchased from www.tongjumchew.com are non refundable.
16.4 If your purchase is damaged, you may contact us at enquiry@tongjumchew.com to arrange for a replacement.
16.5 Examples of damaged products include compromised inner bottles, seals and broken or discoloured contents. We reserve the right to decide if a product is damaged, and replacement is warranted.
16.6 You may also choose to substitute replacement of your damaged products with other items from our online store amounting to the same value.
16.7 Upon approval, we will deliver the replacement products to you at no extra costs within 2 working days.
