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Condition of Sales
Mode Atelier Sg
General Terms and Condition of Sales of https://www.modeateliersg.com
Effective Date: January 01, 2018
1.1 These general terms and conditions of sale (hereafter also the "Conditions") shall apply to the purchase orders you place on the “Mode Atelier Sg” Online Store (hereafter the “Products” or individually the "Product") via the e-commerce website www.modeateliersg.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below.
1.2 Mode Atelier Sg sells the Products on the Website on behalf of the Owner. The Parties involved in the purchase of Products via the Website shall be Mode Atelier Sg as Seller (hereafter the "SELLER ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "CONSUMER") (the Seller and the Consumer shall be referred to jointly as the "PARTIES").
1.3. The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Website and its contents.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw, etc, - shall be sent to the Seller at the addresses set out on the Website and in accordance with the procedure also set out on the Site and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer.
1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
- a) the withdrawal right referred to in article 10 shall not apply to the buyer;
- b) the Product warranty referred to in article 8 shall not apply to the buyer;
- c) no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- d) the sales contract entered into by the Seller and the buyer shall be governed by Singapore Govern Law.
1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.
1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2. PRODUCT FEATURES AND AVAILABILITY IN THE VARIOUS GEOGRAPHICAL AREAS.
2.1. The products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2.2. The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, providing notice to users of the Site via email. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, The Consumer is therefore advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3. PRODUCT PURCHASE PROCEDURE - CONCLUSION OF EACH INDIVIDUAL PURCHASE CONTRACT
3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation.
Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the order confirmation email which will include a link to these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at email@example.com .
3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by E-mail.
4. PRODUCT SELECTION AND PURCHASING PROCEDURE
4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to:
- (i) register with the Site, providing details as requested, or,
- (ii)where already registered, to login, or
- (iii)to provide their details
so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made.
The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions by ticking the relative check box and, finally, confirm the order by clicking the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph 3.2. of this contract.
The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes.
For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
4.2. In the event that during the Product selection procedure on the Site pursuant to art 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following address firstname.lastname@example.org .
4.3. If the Consumer has completed the purchase order which includes a Product whose price is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller shall
- (i) cancel the order, block the delivery and send notice to this effect by e-mail to the address provided by the Consumer during the order transmission phase and
- (ii) refund the Consumer with the payments effected pursuant to the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment;
(b) if the Consumer has received the Product, the Seller shall promptly notify the Consumer by email of the technical error that occurred during the order procedure, and offer the same, alternatively, to
- (i) pay the Seller, within and no later than the next 5 (five) days, using one of the payment methods available on the Site, the difference between the correct price of the product and the incorrect price indicated on the purchase order, or,
- (ii) cancel the order, following the instructions provided in the same email notice on how to return the Product to the Seller, at the expense of the latter, within and no later than the next 14 (fourteen) days, undamaged, complete with all stated on checklist, together with the online return form. If the Consumer chooses the option provided in point (b)(ii) above, the Seller shall refund the payments effected by the Consumer for the cancelled order, including shipping costs, without delay and, in any case, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial payment.
4.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. We will try our best to process your request.
5. DELIVERY AND ACCEPTANCE OF GOODS
5.1 Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
5.2 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
5.3 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.4 below.
5.4 The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in article 10 of this contract; failure to do so will infer that the Products shall be deemed as accepted.
5.5 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.6 Upon delivery of the Product, you may be required to sign for delivery. You may contact us or drop us an email in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
6. PRICES, SHIPPING AND DELIVERY COSTS, HANDLING FEES AND TAXES
6.1 Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
6.2 Where applicable, prices are inclusive of GST and are in Singapore Dollars (SGD). Shipping and Delivery costs will not be charged. However, handling fees will be charged in addition where applicable; which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site. Such additional charges are clearly displayed and included in the ‘Final Total’.
6.3 The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer. 6.4 We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us)
7.1 You can pay using any of our payment partners as seen in the specific payment section on the Site or use the cash on delivery payment and bank transfer method. Similarly you can pay all or part of the price of your Order using an e-gift cards, wallet credit, a promotional voucher or mode points(for members only).
7.2 To minimise the risk of unauthorised access, we encrypt your card data. The data provided will be sent securely using SSL (Secure Socket Layer) 256 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.3 Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed.
7.4 Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
7.5 Upon authorisation of the payment, by clicking the “Order Now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
7.6 The invoice records relating to the purchase will be sent to the Consumer in electronic format to the E-mail address provided by the Consumer during the registration process or attached to the purchased product in paper format, in all other cases.
8. RIGHT OF WITHDRAWAL
8.1 Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
8.2 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 14 (fourteen) days from:
- (i) the day on which the Product is delivered or
- (ii) if several products on one order are delivered separately, from the date the last product was received.
8.3 To exercise a right of withdrawal, the Consumer shall notify Mode Atelier Sg, before the deadline indicated, of his intentions by accessing the "Online Return Form" page.
9. DEFECTIVE PRODUCTS LIABILITY
9.1. With regards to potential damages caused by faulty Products, the Seller, in its capacity as distributor of the Products on the Site disclaims all liability, without exclusions and/or exceptions, indicating, on receiving such request from the damaged Consumer, the identity and domicile address of the manufacturer of the product concerned.
10. FAULTY PRODUCTS
10.1 All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Site may slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty, please contact us and provide your Order number, your name and address, details of the Product and the reason for return, or a replacement.
10.4 Upon receipt of the Products, we will examine it and we will advise you on your right to a replacement or refund (if any) via email as soon as practicable.
10.5 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11. RETURNS AND REFUNDS POLICY
You can refer to our Return Policy or Refunds Policy.
12.1 You may use promotional vouchers, voucher codes, mode points and e-gift cards while making payment for Products on the Site. Specific details for promotional vouchers and e-gift cards are listed below.
12.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site and accept no Liability for errors in the email address of the voucher recipient.
12.3 If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
12.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
12.5 We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
12.6 In rare cases, Mode Atelier Sg may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
12.7 Conditions for the redemption of promotional vouchers
From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post:
- (a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
12.8 Conditions for the redemption of e-gift cards
You may purchase e-gift cards for use on the Site by you or other Customers. These e-gift cards will be sent by email.
- (a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
- (b) The credit of an e-gift cards does not accrue interest nor does it have a cash value.
- (c) An order for an e-gift cards can be cancelled by contacting us on +65 9163 2939 or send us an email to email@example.com. A voucher is considered to have been redeemed if it is used as payment in placing an Order.
- (d) If the credit of an e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
We reserve the right to amend these General Terms and Conditions of Sales at any time. All amendments to these General Terms and Conditions of Sales will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new General Terms and Conditions of Sales.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
- (a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipient's address within Singapore.
- (b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
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.
When you submit an Order to the Site, you agree that you do so subject to these General Terms and Conditions of Sales current at the date you submit your Order. You are responsible for reviewing the latest General Terms and Conditions of Sales each time you submit your Order.
15. GOVERNING LAW
These General Terms and Conditions Sales 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 Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.