TERMS OF SALE

 

 

  1. INTRODUCTION

1.1 It is important for you to read carefully, acknowledge and adhere to the following terms and conditions (“Terms of Sale”) before you make any purchase from 5 PTE LTD of our products (“5 PTE LTD Products”) and our services (“5 PTE LTD Services”) on the Platform. If you purchase any 5 PTE LTD Product or Services, you will be deemed to have accepted to the terms and conditions associated to these Terms of Sale, including but not limited to any other terms and conditions prescribe in any 5 PTE LTD Products and Services listing, whenever you conduct a purchase from 5 PTE LTD on the Platform. 

 

1.2 These Terms of Sale is in addition to the Terms of Service and the other 5 PTE LTD policies, of which these Terms of Sale constitute a part, it is your responsibility to read the Terms of Service and the other 5 PTE LTD policies make available on the Site as they hold important information that is to safeguard your rights and define your obligations. Any terms that are used in these Terms of Sale that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable 5 PTE LTD Policy. 

 

1.3 5 PTE LTD reserves the right at its sole discretion to review and amend these Terms of Sale at any time in accordance to the Terms of Service and these Terms of Sale. 

 

 

  1. YOUR STATUS

2.1     You hereby acknowledge and confirm to the following by purchasing any 5 PTE LTD Product:

 

(i)    the purpose of purchasing such 5 PTE LTD Product is strictly for your personal consumption and not for business or commercial purposes (including for sale or resale);

 

(ii)   you are not under the age of (18) years old or the legal age for providing consent hereunder pursuant to the applicable laws in your country (The “Legal Age”); and

 

(iii)  you are legally capable of entering into binding contracts. 

 

 

  1. PLACEMENT OF ORDER

3.1      The placement and submission of your order to purchase 5 PTE LTD Products is deemed an offer to purchase products from us. 5 PTE LTD reserves the right at its discretion to refuse acceptance of your order without providing any explanation. Unless you receive a notice from 5 PTE LTD rejecting your order, it is deemed the order is accepted. Each order accepted by 5 PTE LTD (such accepted order is referred to as a “Customer Contract”) shall form a separate contract.

 

3.2     5 PTE LTD offer no guarantee of any nature that the product purchased online will be available in stock even after order placement is confirmed. In the circumstance a failed order happens, 5 PTE LTD will liaise with you to provide an alternative 5 PTE LTD Product or a refund.

 

3.3     All Orders will be considered to be final and not subject to any conditions upon processing via the Platform and 5 PTE LTD shall have the right (but not obliged) to carry out such Order(s) without your additional approval and without any additional communication notice to you. 5 PTE LTD is not bounded to completing any request to cancel or amend any Order. You acknowledge and confirm that unless you receive a notice from 5 PTE LTD accepting your Order, 5 PTE LTD shall not be bound to any legally binding agreements or promises made between 5 PTE LTD and you for the sale or other dealings with the Product(s) and therefore 5 PTE LTD shall not be liable for any Losses which may be incurred as a result. Hereby, 5 PTE LTD holds the right to reject to process or refuse acceptance of any Order received from or through the Platform in its sole discretion.

 

 

  1. PRICES OF PRODUCTS

4.1     Product Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to 5 PTE LTD through the Platform. 

 

4.2      In the event there is a discrepancy in the price of a 5 PTE LTD Product you have purchased, 5 PTE LTD will inform you accordingly, if we are unable to reach you, your order will be deemed as cancelled, payments will be refunded accordingly (if payment has been received by 5 PTE LTD).

 

4.3     Taxes: All Product Prices are subject to taxes, unless otherwise stated. 5 PTE LTD reserves the right to amend the Product Prices at any time without giving any reason or prior notice.

 

 

  1. WARRANTIES

5.1     5 PTE LTD binds itself only to deliver Products in agreement with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Unless otherwise indicated, all 5 PTE LTD Products and data or information on our Platform are marketed or offered on an “As Is, Where Is” and “As Available” basis. 5 PTE LTD does not give any warranty as to the quality, state, condition or fitness of the Products. 5 PTE LTD shall not accept any liability in any event with reference to any inaccurate and incompleteness in terms of any data or information about product description, price, condition, images and availability on platform.

 

 

  1. RISK AND PROPERTY OF GOODS

6.1     Risk of damage to, or loss of, the 5 PTE LTD Products shall pass to you at the time of delivery. Risk of damage to or loss of the Goods shall pass to the you at the time of delivery or if you wrongfully fail to take delivery of the Goods, the time when 5 PTE LTD or its agents has tendered delivery of the Goods.

 

6.2     Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the you until 5 PTE LTD has received in cash or cleared funds payment in full of the price of the 5 PTE LTD Goods and all other goods agreed to be sold by 5 PTE LTD to the Buyer for which payment is then due.

 

 

  1. REFUNDS AND REPLACEMENTS

7.1     Refunds, returns and replacements shall be subject to the 5 PTE LTD Refund and Return Policy  and Terms of Service.

 

 

  1. LIABILITY

8.1     Exclusion of liability: 5 PTE LTD indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

 

(i) amounts due from other users of the platform in connection with the purchase of any product;

 

(ii) the sale of the products to you, or its use or resale by you; and

 

(iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with 5 PTE LTD’s instructions on the use of the products (whether oral or written).

 

8.2     Where the manufacturer or distributor of 5 PTE LTD Products has issued a warranty in respect of such 5 PTE LTD Products, you hereby agree to look solely to such manufacturer or distributor for any claims related to such warranties, and to indemnify, defend and hold 5 PTE LTD, directors, employees, collaborators and co-brand harmless against such claims.

 

8.3     Except to the extent required by any applicable law, we will not be liable to any person for any loss or damage arising out of any use from or reliance on any content or information found on our Platform.

 

8.4     You irrevocably waive any rights of approval, claim to compensation and shall not hold 5 PTE LTD liable to you or any party for any and all damages, liabilities, costs and expenses, including, without limitation, any death, any harm, direct, indirect, unique, incidental or consequential damage, or financial loss, or any forms of loss opportunity in relation with or in connection to your order and/or purchase of 5 PTE LTD Products, or reliance on any information, data, materials or online services offered at our Platform, regardless of the form of action and even if 5 PTE LTD had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by law.

 

8.5     Maximum liability: notwithstanding any other provision of these terms & conditions of sale for 5 PTE LTD’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to 5 PTE LTD under such customer contract.

 

8.6     Notwithstanding the foregoing, nothing in these Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.

 

 

  1. INTELLECTUAL PROPERTY

9.1     All content displayed through 5 PTE LTD Platform, including all copyright and any other proprietary rights, are sole property of 5 PTE LTD, its collaborators and/or any third party merchants or licensors. 

 

9.2     You agree that the Content shall not be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing 5 PTE LTD., its Collaborators and third parties, and their respective successors and assigns (collectively, the “Permitted Parties”) without 5 PTE LTD prior written approval.

 

9.3     The trademarks, service marks, trade names and logos (“Trade Marks”) used or appearing on our Platform are property of 5 PTE LTD, its Collaborators or third party merchants and/or licensors. You agree that you shall have no right to use any of the aforementioned without 5 PTE LTD prior written approval.

 

 

  1. DATA PROTECTION

10.1   Any personal data you transmit to us will be collected, used and/or disclosed in accordance with our Privacy Policy Privacy Policy.

 

 

  1. INDEMNITY

11.1   By using 5 PTE LTD services, you agree fully to give your irrevocable acceptance of and consent to indemnify, defend and hold 5 PTE LTD, and our directors, employees, collaborators, third party merchants and/or agents, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any (i) breach of these Terms of Sale, (ii) any liabilities arising out of the use of our Platform, and (iii) any violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit on or via our Platform, by you or by any other person accessing our Platform using your account and/or your personal information.

 

 

  1. GENERAL TERMS

12.1   Any delay or failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our rights and remedies. The invalidity of any provision of these terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions. 

 

12.2   These Terms of Sale supersede all prior representations, understandings and agreements (if any) between us.

 

12.3   Any term or condition in the Terms of Sale for 5 PTE LTD, Terms of Use, Terms of Service, Privacy Policy, Social Media Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

 

12.4   5 PTE LTD shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of 5 PTE LTD Platform or Services if this is due, in whole or in part, directly or indirectly due to any event or failure relating to Force Majeure circumstances which is beyond our reasonable control.

 

12.5   These Terms of Sale and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by 5 PTE LTD at its sole discretion and without restriction.

 

12.6   Clauses 2 (Your Status), 3 (Placing of Order), 5 (Warranties), 8  (Liability), 9 (Intellectual Property), 10 (Data Protection), 12 (Indemnity), and 13 (General Terms) shall survive any expiration or termination of these Terms of Service.

 

12.7   A person who is not a party to any agreement governed by these terms and conditions has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of the terms of such agreement.

 

12.8   These Terms of Sale and any non-contractual obligations arising out of or in connection with these Terms of Sale, shall be governed by, and construed in accordance with, the laws of Singapore. You agree fully to adhere to the exclusive jurisdiction of the courts of Singapore in relation to and/or in connection with these Terms of Sale.

 

Last Updated: 01 August 2021

 

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