HOUSE OF TEAK (SINGAPORE) PTE LTD
TERMS AND CONDITIONS OF SALE FOR ‘SCANKOMFORT’
as of April 2018
These terms and conditions of sale apply to all purchases of Products and/or Consignment Goods (as defined below) from House of Teak (Singapore) Pte Ltd (the “Seller”). Any individual, firm, company or other form of entity that places an order for Products and/or Consignment Goods with the Seller by entering into a Sales Order is a customer (the “Customer”) of the Seller. The Seller and the Customer shall collectively be referred to as the “Parties” and each a “Party”.
“Products” in these terms and conditions refer to goods bearing the SCANKOMFORT trade mark, which are purchased by the Customer.
“Consignment Goods” in these terms and conditions refer to goods which do not bear the SCANKOMFORT brand and/or trademark and in relation to which, the Seller acts as a distributor of such goods for the relevant manufacturers of Consignment Goods.
“Scankomfort stores” and “Seller’s showrooms” in these terms and conditions refer to the retail outlets in Singapore which are wholly owned by the Seller, where transactions involving the purchase of Products and/or Consignments Goods are made.
“The Seller’s website” in these terms and conditions refer to www.scankomfort.com, whereby sales transactions are performed.
“Authorized retailer/s” in these terms and conditions refer to the retail outlets in Singapore which do not bear the SCANKOMFORT trademark, but are authorized by the Seller to display and sell the Seller’s products.
“The warehouse” and “the Seller’s warehouse” in these terms and conditions refer to the Seller’s address of operations at 60 Sungei Kadut Drive, Singapore 729569.
These terms and conditions of sale constitute the entire agreement between the Seller and the Customer for the sale of Products and/or Consignment Goods, and neither party has relied on any representation (whether expressed or implied) made by the other party in entering into this agreement.
- General terms
- Pricing
- Product availability and limitation
- Delivery and storage of products
- Force majeure
- Product warranty
- Repairs, exchanges, returns and refunds
- Disclaimers
- Limitation of liability
-
Other matters
1. GENERAL TERMS
1.1 The Customer agrees to contract with the Seller subject to these terms and conditions of sale. No variation to or alteration of these terms and conditions will bind the Seller unless made in writing and acknowledged by an authorized representative of the Seller.
1.2 Any sale/transaction made on the Seller’s website (www.scankomfort.com) or at any of the Seller’s showrooms in Singapore indicates that the Customer has read, understood and agreed to the Seller’s
(i) Conditions of Sale,
(ii) Product Warranty and
(iii) Privacy Policy.
1.3 After the signing of a sales order by the Customer, or after a sale has been transacted on the Seller’s website, any request for a change of delivery details, or the Products and/or Consignment Goods purchased, must be made by the Customer in writing to the Seller at least three (3) working days before the Products and/or Consignment Goods are delivered to the Customer. The Seller has the absolute discretion to agree to or reject such requests made by the Customer.
1.4 No cancellation of sales orders will be entertained by the Seller once the Customer has signed a sales order or completed a transaction on the Seller’s website.
1.5 Subject to Clause 7, it is the policy of the Seller not to make any cash refund on any purchased Product.
1.6 Any balance payment due under sales orders shall be made by the Customer at any of the Seller’s showrooms before the allocated date of delivery.
1.7 Title to the purchased Products and/or Consignment Goods shall remain with the Seller until full payment has been made by the Customer for the purchased Products and/or Consignment Goods. Risk in the purchased Products and/or Consignment Goods shall pass to the Customer upon delivery of the purchased Products and/or Consignment Goods to the Customer.
1.8 The Seller reserves the right to confiscate delivered Products and/or Consignment Goods, and/or withhold undelivered Products and/or Consignment Goods if full payment has not been received by the Seller one (1) working day before the allocated delivery date.
1.9 The Seller reserves the right to amend and/or update these Terms and Conditions of sale whenever necessary, without prior notice.
2. PRICING
2.1 All prices reflected on the Seller’s website or any of the Seller’s printed materials are
(i) In Singapore Dollars (SGD, S$),
(ii) Inclusive of prevailing Government Goods and Services Taxes (GST) and
(iii) Correct at the time of publishing.
The Seller reserves the right to amend the prices of any of its Products and/or Consignment goods at its absolute discretion.
2.2 In the event that the Seller permanently reduces its price on any of its Products and/or Consignment goods within fourteen (14) calendar days of the date of purchase, the Customer may request a refund of the difference between the price paid and the reduced selling price. A refund request must be made within fourteen (14) calendar days of the permanent price reduction and accompanied by an original purchase receipt. The Seller reserves the right to deny requests for such refunds after fourteen (14) calendar days have passed.
2.3 For the avoidance of doubt, the policy set out in Clause 2.2 above is strictly not applicable to temporary price reductions or special offer promotions. Refunds for any difference in prices due to temporary price reductions or special offer promotions may be requested for within three (3) calendar days of the original purchase date. The Seller reserves the right to deny requests for such refunds after three (3) calendar days have passed.
2.4 Any refunds issued by the Seller as required in Clause 2.2 and Clause 2.3 will be in the form of either
(i) Online store credits for use on the Seller’s website (not applicable to transactions made using 'Guest accounts') or
(ii) a Product Voucher for use at any of the Seller’s showrooms, which are subject to terms and conditions of use.
The Seller reserves the right to stipulate these terms and conditions of use upon the issuance of refunds as required in Clause 2.2 and Clause 2.3.
2.5 Products and/or Consignment goods which are on promotion on the date of a purchase are not eligible for further price reductions and/or discounts unless otherwise specified by the Seller.
3. PRODUCT AVAILABILITY AND LIMITATION
3.1 The Seller reserves the right, in its absolute discretion, to limit the quantity of each Product to be purchased by each Customer at any time.
4. DELIVERY AND STORAGE OF PRODUCTS
4.1 The Seller reserves the right to impose a Delivery charge on all purchases, unless specified otherwise. The Seller reserves the right to amend the monetary cost of Delivery charges at its absolute discretion.
4.2 Deliveries of Products and/or Consignment Goods may only be performed on a date which has been agreed upon by the Seller and the Customer, and as stipulated in the sales order or such other date which the Seller may agree to in its absolute discretion
4.3 Deliveries are subject to available delivery slots. The Seller reserves the right to reschedule a delivery if necessary, but remains obliged to inform the Customer about any changes made to the delivery schedule. If the Customer wishes to reschedule a delivery, it must be communicated to the Seller in writing at least three (3) days prior to the initial delivery date.
4.4 The Customer shall provide an accurate delivery address and the Customer’s full contact details to the Seller. The Seller shall not be responsible for any loss, damage, delay, failure or error in delivering the Products and/or Consignment Goods due to a lack of clarity or legibility in the details provided by the Customer on the sales order.
4.5 The Seller reserves the right to impose upon the Customer restocking charges and additional delivery charges for any additional delivery trips arranged under any or all of the following circumstances:
(i) Returns of non-defective Products and/or Consignment goods.
(ii) Exchanging of non-defective Products and/or Consignment goods for different Products and/or Consignment goods.
(iii) Failed deliveries.
4.6 The Seller’s delivery services only include the transportation of most recently purchased Products and/or Consignment Goods, and the removal of packaging materials (of Products and/or Consignment goods). Examples of services NOTprovided by The Seller can be viewed on the Seller's Buying Guidelines page
4.7 In the event that the Customer requests for purchased Products and/or Consignment goods to be held in storage, the maximum period for storage of such purchased Products and/or Consignment goods shall be six (6) months from the date of the sales order. If storage is required beyond the said six (6) month period, the Seller shall be entitled to charge a storage fee for the extended period beyond the initial six (6) month period. For more details on additional storage fees, refer to the Seller's Buying Guidelines page.
4.8 At the time of delivery of the purchased Products and/or Consignment goods, it shall be the responsibility of the Customer to carefully inspect the Products and/or Consignment goods delivered by the Seller to ensure that
(i)The quantities of Products and/or Consignment goods delivered are accurate and
(ii) The Products and/or Consignment goods are delivered in good and merchantable condition without manufacturing defects (except for Products and/or Consignment goods sold on an “as is” basis).
4.9 Any person who accepts delivery of purchased Products and/or Consignment goods on behalf of the Customer at the place of delivery must be of at least 18 years of age as of the date of delivery, and shall be deemed as the Customer’s Representative. The Customer’s Representative is duly authorized by the Customer to inspect the Products and/or Consignment goods and to accept delivery on the Customer’s behalf. The acceptance by such representative(s) shall be binding upon the Customer.
4.10 By signing on the delivery order, the Customer or the Customer’s Representative
(i) Accepts the purchased Products and/or Consignment goods and
(ii) Acknowledges that the correct quantities have been delivered and
(iii) The purchased Products and/or Consignment goods are in good and merchantable condition without manufacturing defects. Examples of properties which are not considered to be manufacturing defects can be found on the Seller’s product warranty.
4.11 The Seller may, at its absolute discretion, enlist third-party logistics service providers to deliver purchased Products and/or Consignment goods to the Customer. To ensure that the purchased Products and/or Consignment goods are delivered, the Seller may disclose the Customer’s contact details and delivery address to such third-party logistics service providers.
(i) Any additional costs arising from failed deliveries under the charge of such third-party logistics service providers will be borne fully by the customer.
(ii) Services provided by third-party logistics service providers are limited to the arranging and performing deliveries only, and exclude the disposing/moving of old furniture and/or any other installation services.
4.12 Products and/or Consignment goods which are collected by the Customer at the Seller’s warehouse or the Seller’s showrooms may be inspected by the Customer upon request. For hygiene, the Seller reserves the right to refuse the removal of protective packaging materials during inspections.
4.13 The Customer shall be fully responsible for the inspection of Products and/or Consignment goods mentioned in Clause 4.12. The Seller shall not be liable for any claims regarding defects, transportation, missing parts, assembly faults or damages sustained once a self-collected item leaves the premises of the Seller’s warehouse, or any of the Seller’s showrooms in Singapore.
4.14 Not all Products and/or Consignment goods are available at the Seller’s showrooms for cash-and-carry, or self-collection. Products and/or Consignment goods which are unavailable for self-collection at the Seller’s showrooms at the time of purchase must be collected from the Seller’s warehouse. Self-collection for Products and/or Consignment goods purchased on the Seller’s website may only be performed at the Seller’s warehouse.
4.15 For further details, please refer to
(i) Additional fees that may be incurred on the day of the customer's delivery
(ii) Exceptions to manufacturing defects
(iii) Fees that may be incurred for after-sales services during the warranty period.
5. FORCE MAJEURE
5.1 The Seller shall not be liable for any failure to meet its obligations occasioned by circumstances beyond the Seller's control including (but without limiting the generality of the foregoing) acts of God, exceptional weather conditions, floods, droughts, storms, lightning, high winds, typhoons, earthquakes, natural disasters, power failures, telephone or land-line connection failures, impacts with or by air crafts or aerial objects, explosions, hostilities, insurgencies, invasions, epidemics, quarantines, acts of foreign or public enemies, hi-jacking or unlawful seizure or wrongful exercise of control of vehicles, curtailment of transportation facilities, civil commotion, riots, industrial disputes, industrial actions by workmen, shortage of labour, goods and materials, acts or regulations of government, strikes, lock-outs or other industrial action, fires, terrorism or threats of terrorism, public health threats, war and civil disturbance, nuclear threats, nuclear accidents and/or nuclear contamination. Further performance of the Seller’s obligations shall be suspended for so long as the Seller remains so prevented or hindered.
5.2 The Seller shall not be liable to the Customer for any direct, indirect, special, incidental or consequential loss and/or expense, whether contemplated by the Parties or not, including loss of profit and/or loss of opportunity suffered by the Customer or claims by any third party against the Customer arising out of or in connection with the sale of the Products and/or Consignment goods.
6. PRODUCT WARRANTY
6.1 The Seller warrants the purchased Products against manufacturing defects for a period of six (6) calendar months or seven (7) calendar years from the date of delivery (the “Warranty Period”).
(i) Product Warranty Periods are defined on the Seller's Product Warranty page.
6.2 In the event that a purchased Product contains manufacturing defects and provided that the purchased Products have been
(i) Delivered by the Seller’s designated delivery staff and
(ii) Used according to the Seller’s Product Care Guide, the Customer may request assistance from the Seller to repair or replace the purchased Product within the Warranty Period, according to Clause 7.2.The original sales order or delivery order must be produced.
6.3 The Product Warranty provided by the Seller in this Clause shall not apply to the following Products:
(i) Clearance items,
(ii) As-is items,
(iii) Display/Last piece items, and
(v) Complimentary items (including but not limited to any product given out of goodwill or via a promotion).
6.4 For the Products listed in Clause 6.3, the Seller shall not accept responsibility for and gives no representation, warranty or guarantee as to the state or condition of the Products sold.
6.5 The Product Warranty provided by the Seller in this Clause does not warrant damages caused by and/or to the Products as a result of
(i) Wear and tear,
(ii) Mishandling,
(iii) Inappropriate maintenance methods and/or failure to comply with the guidelines set in the Seller’s Product Care Guide, and
(iv) Pest infestations introduced to the Product by external sources.
6.6 For limitations of the warranty, or examples of actions that may result in a void warranty, please refer to the Seller's Product Warranty page.
6.7 The Seller reserves the right to refuse any requests made by the Customer for services, exchanges or refunds for Products which are found, after a Product review conducted by the Seller’s representatives, to have no manufacturing defects. Examples of properties which are not considered as manufacturing defects are listed in Clause 7.
6.8 For the avoidance of doubt, the warranty contained in this Clause does not apply to Consignment Goods. The Seller expressly states that no warranty whatsoever is given by the Seller to the Customer in relation to Consignment Goods. In some cases, the manufacturer of the Consignment Goods may provide warranty on the relevant Consignment Goods and in such cases, the Customer should approach the manufacturer directly when Consignment Goods are found to be defective. The Seller will not be liable for any direct, indirect, special, incidental or consequential injury, loss or damage whatsoever that may be caused to the Customer arising from or as a result of the Customer’s use of the Consignment Goods.
7. REPAIRS, EXCHANGES AND RETURNS
7.1 Subject to Clause 7.2 below, any Product sold and accepted upon delivery in accordance with Clause 4.8, 4.9 and 4.10 above is non-returnable and non-exchangeable.
7.2 Notwithstanding Clause 7.1 above, if any Product is found to be defective at the time of delivery (and is verified to have manufacturing defects by the Seller’s representatives) or such, a Product may, at the Seller’s absolute discretion, be repaired or exchanged by the Seller with a non-defective piece of the same or equivalent Product. If the Seller is unable to repair or replace the defective Product, the Seller may, at its absolute discretion,
(i) give a partial refund while allowing the Customer to keep the defective Product or
(ii) give a full refund and reclaim the defective Product.
7.3 The Seller shall not bear any handling cost, transportation cost, shipment cost and any other cost relating to the repair or exchange of Products, especially if the aforementioned services are required as a result of a Customer wishing to return or repair Products which are non-defective and/or damaged as a result of any of the actions listed in Clause 7.5.
7.4 The policy contained in this Clause 7 is not applicable to Products listed in Clause 6.3.
7.5 The policy contained in this Clause 7 is not applicable if
(i) the defect is caused by the Customer,
(ii) the defect is a direct or indirect result of the Customer’s misuse or use without following instructions and guidelines contained in the Product Care Guide,
(iii) the Customer attempted to modify or repair the Product and/or
(iv) the Customer knew about the defect before entering into the sales contract.
7.6 The Seller reserves the right to impose additional charges for servicing and deliveries for Product repairs, exchanges, and/or returns. The Seller also reserves the right to refuse or propose alternate solutions to requests for repairs, exchanges and/or returns. For more details, refer to the Seller's Product Warranty.
7.7 Separate warranties are applicable to the Seller’s affiliated brands and Consignment goods.
7.8 Details of applicable charges listed in Clause 7 can be found on https://www.scanteak.com.sg/terms-conditions#aftersales
8. DISCLAIMERS
8.1 The Products and/or Consignment goods sold by the Seller are to be used for the purposes and in the manner for which they are designed. The Products and/or Consignment goods also shall be used in accordance with the Seller’s Product Care Manual. Failing which, the Seller shall not accept responsibility for any damage caused to the purchased Products arising out of misuse or failure to follow use instructions given by the Seller or contained in the Product care guide.
8.3 Images on the Seller’s website are for illustration purposes only, and may not be an accurate representation of the actual colours/textures of the Products.
8.4 Product measurements are subject to slight differences of up to (+/-)5mm.
9. LIMITATION OF LIABILITY
9.1 The Seller shall not be liable for any direct, indirect, special, incidental or consequential injury, loss or damage whatsoever that may be caused to the Customer arising from or as a result of any act or omission by any Party, including the Seller.
9.2 In the event that the Seller is liable to the Customer for any reason under these terms and conditions, the Seller’s aggregate liability shall be limited to the price of the purchased Product from which damage was suffered by the Customer.
9.3 The Seller shall not be liable for any personal damages and/or injuries sustained by the Customer if the Product was not used in accordance with the guidelines set in the Seller’s Product care guide.
10. OTHER MATTERS
10.1 Intellectual Property: All intellectual property (including but not limited to designs, techniques, methods of manufacture, specifications, artwork and inventions) contained in or arising from the purchased Products belongs exclusively to the Seller. The Customer shall not reverse engineer, copy or in any other way misuse the intellectual property belonging to the Seller.
10.2 Governing Law & Jurisdiction: These terms and conditions shall be governed by and construed in all respects in accordance with the Laws of Singapore and the Parties irrevocably submit to the non-exclusive jurisdiction of the Singapore Courts.
10.3 Contracts (Rights of Third Parties) Act (Cap. 53B): A person who is not a Party of these terms and conditions shall not have any right under the Contracts (Right of Third Parties) Act (Cap. 53B), to enforce any provision of these terms and conditions.
10.4 Privacy Policy and Personal Data Protection: Details on how the Seller may use the Customer’s personal information and/or contact information can be found at www.scankomfort.com/pages/scankomfort-privacy-policy
10.6 A list of the Seller’s Showrooms may be found on the Seller’s website.