1.1 These Terms & Conditions govern the supply by Somerville (S) Pte Ltd (“Somerville”) of any product ordered by you on the website. By agreeing to order any product, you agree to be legally bound by these Terms & Conditions.
1.2 In this website:
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) “Working day” means a day which is neither a Saturday nor 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 3.8;
f) “Contract” means your order of product(s) which we accept in accordance with clause 3.8 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;
m) 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;
n) 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 extracts for the commercial purposes of offering goods and/or services – is not permitted. Infringements may be subject to legal action.
2.1 These Terms & Conditions shall apply to all contracts made or to be made by Somerville for the sale of products. 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 Somerville.
3. How a contract is formed
3.1 When making an Order, you must register for an account on the website as detailed in clause 9, and 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 Somerville with your banking transfer / Paynow that is acceptable to Somerville, which Somerville require in order to process your order.
3.4 You undertake that all details provided to Somerville for the purpose of purchasing the Product, are correct. Somerville reserve the right to obtain validation of your payment details before providing you with the product.
3.5 You are responsible for reviewing the latest Terms & Conditions each time you submit your order.
3.6 Your order remains valid as an offer until Somerville issue our confirmation of order
3.7 Somerville shall not be obliged to supply the product to you until Somerville have accepted your order. Acknowledgement of your order by Somerville is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, Somerville may give you an order reference number and details of the product you have ordered. Somerville may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.8 A Contract shall be formed and Somerville shall be legally bound to supply the product to you Acceptance shall take place when Somerville expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” (email confirmation). It shall be deemed to come into effect when it has been dispatched by Somerville. Until the time when Somerville accept your Order, Somerville reserve the right to refuse to process your Order and Somerville will refund any payment made by you.
3.9 If you discover that you have made a mistake with your Order after you have submitted it to the website, please contact Somerville at +65 6262 4222 immediately. However, Somerville cannot guarantee that Somerville will be able to amend your Order.
3.10 Somerville try to ensure that the price given to you is accurate. If the price for the Order changes before Somerville accept your Order, Somerville will contact you and seek confirmation that you wish to proceed at the amended price only during working days and hours.
3.11 A Contract will relate only to those Products whose dispatch Somerville have confirmed in the Confirmation of Order. Somerville are not obliged to supply any other Products which may have been part of your Order until Somerville have sent a Confirmation of Order in relation to those Products.
3.12 You must only submit to Somerville information which is accurate and not misleading and you must keep it up to date and inform Somerville of changes.
4.1 Any time or date specified by Somerville for delivery is intended as an estimate only and Somerville shall not be deemed to be bound thereby.
4.2 The goods shall be deemed to have been duly delivered to the Customer and be entirely at the risk of the Customer at and from the time the same are delivered to the address stated on the face hereof or at such other place as may be notified by the customer in writing.
4.3 If for any reason the Customer fails to take the delivery of the goods at the agreed time and place for delivery, Somerville may, at its sole option, store the goods and take all reasonable steps to prevent their deterioration on the account of the Customer and the Customer shall be liable to pay all charges expenses or costs incurred by Somerville in respect of such storage or Somerville may resell the same at the Customer’s risk debiting it with the expenses and any loss incurred on such resale and the Customer on demand being made for payment of such expenses and loss shall forthwith pay the same. This provision shall be in addition to and not in substitution or derogation of any other payment or damages for which the Customer may become liable in respect of its failure to take such delivery.
5.1 Somerville may cancel a contract if the product is not available for any reason. Somerville will notify you and return any payment that you have made.
5.2 Somerville will usually refund any money received from you using the same method used by you to pay for the product.
6. Cancellation by Customer (Non-Faulty Product)
Somerville do not allow cancellation of orders by customers. Please review your order carefully before placing order, once orders are placed, Somerville are not able to modify or cancel it.
7. Faulty Products
7.1 Somerville 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 Somerville Product material at the time of your Order;
7.2 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.
7.3 Before delivery, Somerville may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
7.4 Somerville try to deliver Products in excellent condition. However, in the event that the Product is faulty, you agree to keep the Product in its current condition available for Somerville to inspect within a reasonable time.
7.5 In order to provide you with any remedies for a faulty Product, please email Somerville at firstname.lastname@example.org with the following information:
a) Your name, contact number, order number and tracking number (if any) and item name and other information that you deem necessary.
b) You specifying with reasonable detail the way in which it is alleged that the Product is damaged;
7.6 If you would like Somerville to replace or provide a refund for the Product where it did conform to the applicable Contract, and Somerville find that the Product has:
a) been subject to carelessness, damage or abnormal conditions; or
b) after delivery by Somerville, Somerville may at our discretion decide not to replace or refund you for the Product and/or Somerville may require you to pay all reasonable carriage costs at our current standard fees and costs and charge this to you on the payment that you provided to Somerville when you made your Order, and, to the extent permitted by law, Somerville shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses.
8. Limitation of Liability
8.1 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 Website (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 Somerville shall perform our obligations under these Terms & Conditions with reasonable care.
9.2 Somerville place great value on customer satisfaction. Somerville will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
9.3 In the event of a complaint it will help Somerville if you can describe the object of your complaint as accurately as possible and send Somerville copies of the Order or at least the order number via email. If you do not receive a confirmation from Somerville within 5 Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters and may not reach Somerville, or the correspondence that Somerville sent to you may otherwise not have reached you.
10. Force Majeure
10.1 Somerville shall not be liable to the Customer in any manner whatsoever for or in respect of any delay or failure by Somerville in delivering the goods either wholly or in part where such delay or failure is caused by or arises out of any circumstance beyond the reasonable control of Somerville including acts of God, acts of public enemy, insurrection, riots or other civil commotion, war, accidents, fire, explosions, earthquakes, floods, strikes, lockouts, labour disputes, shortage of material parts, labour or transportation, breakdown of plant, acts, demands or requirements of any government department or other duly constituted authority.
10.2 If any of the events as aforesaid occur, Somerville shall be at liberty without incurring any liability to the Customer whatsoever, to withhold reduce or suspend the delivery of the goods to the Customer either wholly or in part and for such period as Somerville may in its absolute discretion think fit or at the option of Somerville, the contract may be cancelled either altogether or if the contract has been partly performed in respect of the unperformed part. Provided Always that any delay or failure by Somerville to deliver the goods or any part thereof to the Customer as foresaid shall not entitle the Customer to terminate the contract.
11.1 Any notice under a Contract shall be in writing via email addressed to the relevant party at the 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 Website
12.1 Somerville shall use our reasonable endeavours to comply with any relevant regulations relating to the website published by the Advertising Standards Authority.
13.1 Somerville shall keep a record of your Order and these Terms & Conditions until six years after Somerville have accepted your Order. However, for your reference, Somerville 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 Somerville 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 Somerville 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 Somerville.
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 parties hereby submit to the non-exclusive jurisdiction of the Courts of Singapore.
14. Amendment to the General Business Terms and Conditions
Somerville reserve the right to amend these Terms & Conditions at any time. All amendments will be posted online. However, continued use of the Website 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. Somerville 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).