Elm Tree Website Terms & Conditions
By accessing this Site, using the Services, or ordering Products, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately, and do not order any Products via the Site.
1. Your Status
1.1 By placing an order through our site, you warrant that:
1.1.1 You are legally capable of entering into binding contracts;
2. How the Contract is formed between You and Us
2.1 After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All telephone and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
2.2 Subjected to actual stock availability, item orders may be replaced with alternatives subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded of the amount paid.
2.3 You are obliged to make payment in FULL by the payment option you select when you check out your orders.
2.4 Each batch of goods may differ due to manufacturing contraints. In the event if you are not satisfied with any products, you may return to us within 5 days after delivery. The Product must be in its original packaging with proof of purchase, be unused in the Original condition and it must not be pre-order product. Please refer to our refund policy stated under "Our Refunds Policy".
3. Our Status
3.1 While we may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the products you purchase from companies to whose website we have provided a link will be of satisfactory quality.
3.1 Moreover, links provided to other website(s) does not mean that Elm Tree Distributors Pte Ltd endorses or accepts any responsibility for the products/services/content displayed on other website(s).
4. Price and Payment
4.1 Although prices and information of various products are listed in our website, errors and / or omissions may sometimes occur. Hence, by using our site, you expressly agree that (Elm Tree Distributors Pte Ltd ) shall not be held liable for any errors, whatsoever.
The price you shall pay will be based on our prevailing price when we receive your order(s). You will have to pay for any tax or charges upon destination if there is any.
If any product you bought on our site is not as described, either perceived or otherwise, the sole remedy is for you to return it in unused condition within two days.
Moreover, Elm Tree Distributors Pte Ltd expressly reserves the right to vary the price and other details of the Products without notice.
4.2 Currently, we only accept payment via Pay Pal. However, this may be changed without notice.
5. Our Refunds Policy
5.1 When you return a Product to us (for instance because you claim that the Product is defective), we will examine the returned Product. Provided we are satisfied with the condition of the Product following our examination, we will either replace the item (if returned owing to a defect) or provide you with a refund.
5.2 Products returned by you because of a defect will be refunded in full after delivery costs have been deducted.
5.3 The cost of return transportation, freight, tax and charges upon arrival is at your expense.
5.4 A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within 3 days from the date of delivery. If you do not notify us accordingly, we shall have no liability in respect of such shortfall and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
5.5 We do not accept a return or exchange upon successful payment of your order unless it is due to wrong/damaged item delivered. If you receive any wrong/damaged item(s), please contact us at firstname.lastname@example.org within 3 working days upon the receipt of your order.
5.6 Please ensure that you order is accurate before you purchase.
6. Our Liability
6.1 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
6.3 Unless otherwise stated, all products warranty will be covered by the respective brand owner.
Elm Tree Distributors Pte Ltd shall not be liable for any consequential, indirect or any other damages/loss of whatever descriptions. In any case, our liability, if any, shall not exceed the price of Product(s).
Elm Tree Distributors Pte Ltd and her delivery company shall not be held responsible for any damages or loss of Products after delivery.
The Customer agrees that he/she assumes all risk in connection with the use of this site. We shall not be liable for any direct, indirect and/or consequential damages of any kind.
9.1 All notices given by you to us must be given to Elm Tree Distributors Pte Ltd at 625 Aljunied Road, Aljunied Industrial Complex, #06-09, Singapore 389836. We may give notice to you either via an e-mail or postal address that you provided to us when placing an order.
8. Intellectual Property
Our website contains materials that are protected by copyrights, trademarks and other intellectual property rights owned by us or our suppliers.
You may not modify, reproduce, copy or distribute any of the content on our site for commercial purposes without our prior consent.
9. Events Outside our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1 strikes, lock-outs or other industrial action;
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 impossibility of the use of public or private telecommunications networks; or
9.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
9.2.7 Vessel delay or freight delay
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire Agreement
12.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
13. Our Right to Vary these Terms and Conditions
13.1 We have the right to revise and amend these Terms and Conditions from time to time.
13.2 You will be subject to the Policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you),
14. Law and Jurisdiction
14.1 Contracts for the purchase of Products through our site will be governed by the Law of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.
You agree to indemnify and hold Elm Tree Distributors Pte Ltd, its servants/employees and agents and to hold all of them harmless in respect of any liability, loss, damage or expense of whatsoever nature which they may sustain by reason of you using ( or connecting) to this Site.