Welcome to HandphoneShop.com! (“Website”).
1. Please read these terms and conditions (“Terms”) of use of the Website carefully as they govern our relationship with you in relation to the access and use of the Website and its related sites, services and tools. By accessing and using any part of the Website, you are deemed to have notice of, and you acknowledge that you agree to comply with and be legally bound by these Terms, as amended from time to time. If you do not agree to these Terms, please do not access or use the Website. The term ‘HandphoneShop’, ‘our’, ‘we’, or ‘us’ herein refer to HandphoneShop Pte Ltd and/or its affiliates (where applicable). The term ‘you’ or “your” refer to the viewer or user of the Website. Headings are for ease of reference only and shall not affect the interpretation of these Terms.
2. Contractual Capacity and Authorisatio
You must be able to form legally binding contracts, and at least be of 18 years of age to use the Website. If you represent a body corporate (for example, a company, LLP, or LLC), you represent and warrant to us that you have the lawful authority to act on behalf of such body corporate.
3. Proprietary Rights and Use of Contents on Website
All contents on the Website including the text, graphics, illustrations, page headers, logos, images, data, software, and other materials (collectively "Contents") is owned by or is the licensed property of HandphoneShop and/or its affiliates and is protected by copyright, trademark, service mark, trade dress, patent, or other proprietary rights, as may be applicable. You may access and view the Website and save or print a copy of the Contents, solely for your own personal and non-commercial use. If you make a copy of the Contents, you must ensure that such copy remains in the form as on the Website along with the applicable copyright and other notices. Save for the foregoing rights expressly granted herein, no licence or right is granted to you by implication, estoppel or otherwise, and you may not copy, reproduce, publish, upload, post, store, adapt, alter, translate, transmit, disseminate, sell, distribute, hyperlink, or otherwise transfer any of the Contents of the Website to any other person (whether for commercial purpose or monetary gain or otherwise) in any way, or otherwise use the Contents in whole or in part in any manner.
4. No Unlawful or Prohibited Use of Website
(a.) You acknowledge and agree that, as a condition of your access and use of the Website, you will not use the Website for or in connection with any purpose that is unlawful, inappropriate, unauthorised, profane, illegal, fraudulent, obscene, indecent, abusive, threatening, harmful, tortuous, objectionable, or may cause injury to any person or entity, or is otherwise prohibited by these Terms or by law. (b.) You must not use the Website in any way that causes, or may cause damage, disable, overburden or impair the Website or the availability or accessibility of the Website through any means (including without limitation computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software). (c.) You must not harvest or otherwise collect information through systematic or automated data collection activities (including without limitation, scraping, data mining, and data extraction) on or in relation to the Website without our express written consent. (d.) You must not obtain, or attempt to obtain, any Contents or other information on the Website through any means not intentionally made available on or through the Website.
5. User Account
Your registration on the Website is free of charge. Your user account on the Website is personal to you and is not transferable.
6. Products Listing
Products displayed on the Website are subject to availability.
7. Price Quotations
All prices displayed on the Website are quoted in Singapore Dollars and are valid and effective only in Singapore. Any applicable taxes or duties that we may be required to pay or collect in connection with the sale of products through the Website will be charged to you in accordance with the applicable law.
8. Promotional Codes
We may issue promotional codes for use on the Website from time to time. Such codes are limited and may expire or be discontinued with or without notice. Promotional codes are not redeemable for cash and we reserve the right to cancel the use of promotional codes at any time for any reason without notice, including without limitation in case of unauthorised sale or copying.
9. Order Acceptance and Billing
You must provide true and accurate billing information to us. You represent and warrant to us that the credit or debit card you shall use for performing any transaction on the Website is your own or you are lawfully authorised to use it and that there are sufficient funds or credit facilities to cover the cost of the product and related charges incurred from the purchase of product. We reserve the right to obtain validation of your payment and to hold delivery of the product unless we have received cleared funds in full. You will have to bear the charges levied by the bank, financial institution or intermediary, for any failed or declined transaction. We reserve the right to cancel any purchase order because of any mistake, error, non-availability of products, or fraud. Images of products on the Website are solely for illustration purposes. Actual product delivered to you may differ from that shown on the Website. We may impose a limit on the sale of quantity of product per person for any reason in our sole discretion. Any sale to dealers or resellers or for export outside Singapore is prohibited. Without prejudice to our other rights, we may cancel the order and suspend delivery if we have reasons to believe that you will not comply with the export restrictions.
10. Shipping and Delivery
We currently only sell to and ship to Singapore based customers. Delivery time will depend on the destination and mode of shipping method chosen by you. 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 any delay in delivery. Due to restrictions and limitations imposed by certain institutions and organisations, we are unable to make deliveries to the following areas: Jurong Island, Tuas Link, Changi Cargo Complex, Country Clubs, Army Camps, Seletar Aerospace, Off-shore Islands such as Pulau Ubin, Sister Islands, St. John Islands, Turf Club Avenue, Resorts World at Sentosa, Singapore Prison Quarters, Airbase sites, SATS Inflight Catering Centre 1 and 2, ST Kinetics, Shipyards, Powergrid and any other protected area or place under the Protected Areas and Protected Places Act (Cap. 256, Singapore statutes). In the event that you work or are based at any of the aforesaid locations, we strongly encourage you to specify your delivery address to a location where our delivery staff or courier can successfully deliver to, such as your home address. If the first delivery attempt is unsuccessful, an additional re-delivery charge may apply.
11. Return and refund policy
If you are not reasonably satisfied with your purchase, you may return the product to us within thirty (30) calendar days of delivery. This option is applicable only to those products which do not fall under the list of non-refundable brands/items listed on the Website. The product to be returned must be un-used, with the tags intact (and not tampered with) together with the original brand packaging. You must ensure that the product returned to us is in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept such return and send the product back to you. If you wish to cancel your purchase order, please contact our Customer Service Team at email@example.com. No cancellation fees shall be applicable. However, please note that once an order has been dispatched it cannot be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team.
12. User Contents
You grant HandphoneShop and/or its affiliates a worldwide islandwide, perpetual, irrevocable, unlimited, non-exclusive, royalty-free license to use, reproduce, adapt, create derivative works, publish, edit, translate, distribute, perform, sub-license, and display all comments, feedbacks, messages, suggestions or other communications (collectively “User Contents”) in any existing or future medium, form, or format presently known or developed in future in relation to the Website. You agree not to post any User Content that violates third party rights including proprietary and privacy rights, is confidential, or is false, inaccurate, misleading, derogatory, defamatory, libellous, slanderous, unlawful, threatening, harassing, abusive, or spam. Notwithstanding the foregoing, we have the right, but not the obligation to monitor the submission or publication of any User Content on the Website. We reserve the right to edit, amend, or remove any User Content posted on the Website at any time and to take any further steps as required in our sole discretion, whether for legal or other reasons, without notice to you.
13. No Warranties
The Contents of the Website are provided on an “as is” and "as available" basis without any representations or warranties of any kind, express or implied, including without limitation, warranties of title, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without prejudice to the generality of the foregoing, we do not warrant that the Website will be constantly available or available at all, or be free of errors, computer-virus or other such malicious or harmful tools, or that defects in the Website, if any, will be corrected. Save for the product warranty offered by the respective manufacturer, we disclaim any warranty, express or implied, for any product sold through the Website.
14. Links on Website and Links to Website
We have no responsibility for the materials available on third party websites accessible through links on the Website; or third party websites which link to, mirror or frame the Website or any part thereof. Under no circumstances will we be considered to be associated, affiliated, endorsing, sponsoring, or recommending any materials used or appearing on any such third party websites.
15. Suspension and Termination
We may temporarily suspend the availability of the Website for repair, maintenance, upgrade, modification, replacement or improvement works. We will not be responsible for any resulting loss or damage suffered as a result of such suspension. Further, we reserve all rights to block or deny access to any person or entity in our sole discretion. We may terminate the maintenance of the Website at any time without notice to you.
16. Personal Data
We or our affiliates, agents, and third party authorised service providers may collect, use, and disclose your personal data, for the purposes of anything arising out of or in connection with your transactions using the Website and we may contact you by phone, SMS/MMS/messages through smart phone applications, fax, email, mail or other means of communication for such purposes. We will handle your personal data in compliance with the Personal Data Protection Act 2012.
Examples of such personal data you may provide to us include your name, phone numbers, mailing address, email address and any other information relating to any individual which you have provided us in any Forms you may have submitted to us, or via other forms of interaction with you. The collection of data, either directly from you or from your authorised representatives (i.e. persons whom you have authorised, persons who have been validly identified as being your authorised representative pursuant to our then prevailing procedures), from third parties, or from publicly available sources or through our website in the following ways: (a.) when you registered as a customer on the Website or any other forms relating to any of our products and services. (b.) when you interact with our Customer Service Team, for example, via phone calls and/or emails and/or messages. (c.) when you use any of our services, for example, websites and apps including establishing any online accounts with us. (d.) when you request that we contact you, be included in an email or other mailing list. (e.) when you respond to our promotions, initiatives or to any request for additional Personal Data. (f.) when you are contacted by, and respond to, our marketing representatives, customer service team and delivery our courier team.
If you provide us with any personal data relating to a third party (e.g. information of your spouse, children, parents, friends and/or employees), by submitting such information to us, you warrant and represent to us that you have obtained the consent of such third party to provide us with their personal data for the aforesaid purposes. You should ensure that all personal data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with the products and services you have requested.
Handphoneshop.com collects, may use and disclose your personal data for the following purposes: (a.) responding to your queries and requests. (b.) managing the administrative and business operations of Handphoneshop.com and complying with internal policies and procedures. (c.) resolving complaints and handling requests and enquiries. (d.) preventing, detecting and investigating crime and analyzing and managing commercial risks. (e.) monitoring or recording phone calls and customer interactions for quality assurance, employee training and performance evaluation and identity verification purposes. (f.) organising promotional events such as contests, competitions and marketing campaigns. (g.) conducting investigations relating to disputes, billing or fraud. (h.) analytics and tracking.
Should you wish to withdraw your consent for use of your personal data for any or all of the purposes above, please inform us at firstname.lastname@example.org.
17. Limitations and Exclusions of liability
To the extent permitted by law, we shall not, under any circumstances, be liable for any loss or injury to a person or loss or damage to any property, or incidental, indirect, contingent, special or consequential damages (including loss of anticipated profits or benefits) whether in contract, tort or otherwise, arising out of or in connection with your access or use of the Website, including without limitation, because of any errors, delays, omissions, interruption, breach of security, corruption, computer virus, spyware, Trojan horse, computer worm, keystroke logger, root kit or other malicious computer software, unavailability of access, or inaccuracies in the Contents of the Website.
In the event of a breach of these Terms, without prejudice to our rights at law or equity, we may take such action as we deem fit in our sole discretion, including without limitation, suspension of your account, and prohibiting you from accessing or using the Website.
You agree to defend, indemnify and hold HandphoneShop and/or its affiliates harmless from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of or in connection with any breach by you of any provision of these Terms.
We reserve the right to amend these Terms at any time without notice to you. Your continued use of the Website after we post the amendments shall be deemed as your acceptance of the amended Terms. We encourage you to check the amended Terms posted on the Website prior to your use of the Website.
We may transfer, sub-contract or otherwise assign any rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.
22. Relationship of Parties
These Terms shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship among you and HandphoneShop and/or its affiliates.
If any term of these Terms is held by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable, the same shall be deemed to be deleted from these Terms and be of no force and effect, whereas the other surviving terms hereof shall remain in full force and effect.
No failure or delay by us in exercising any right, power or privilege under these Terms shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. Our rights provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.
25. Force Majeure
We shall have the right to defer the date of delivery or to cancel any purchase order without any liability to you if the need for such deferment or cancellation results from a cause beyond our reasonable control. Without prejudice to the generality of the foregoing, causes beyond our reasonable control include without limitation, accident, civil commotion or requisition, riot, war or threat of war (whether declared or not), tempest, fire, lock-outs, strikes, industrial actions or trade disputes, sabotage, insurrection, Acts of God, explosions, floods; or Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any relevant authority; or difficulties in obtaining raw materials, labour, fuel parts or machinery; or power failure or breakdown in machinery.
(a.) You must send all notices to us, whether for court process, or other documents or communications, at 53 Ubi Crescent, Singapore 408594. All notices you send to us which are: (i.) sent by prepaid registered post will be deemed to have been received 14 days after the date of postage; (ii.) delivered by hand during ordinary business hours will be deemed to have been received on the date of delivery. (b.) We may send all notices to you by email to the email address you provided to us at the time of registration of your user account.
27. Rights of Third Parties: A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any provision of these Terms.
28. Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator. The language of arbitration shall be English.
29. Governing Law
These Terms shall be governed by, and construed in all respects in accordance with the laws of Singapore.
[Last Updated: August 2017]