1. Information About Us
1.1 WWW.DURIANDELIVERY.NET is a site operated by UEN 53414522A. We are registered in Singapore under the Business Registration Number UEN 53414522A and with our registered office in Singapore.
2. Service Availability
2.1 Our site is only intended for use by people residing, businesses, and companies in Singapore (“the Serviced Country”). We do not accept orders from individuals outside of the Serviced Country.
3. Your Status
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are resident in the Serviced Country.
4. How the Contract is formed between You and Us
4.1 After placing an online order, you will receive an E-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
4.2 All orders placed online will be fulfilled within ONE business days unless otherwise advised.
4.3 You are obliged to make payment in FULL by the payment option you select when you check out your orders.
4.4 Each batch of goods may differ due to manufacturing reasons. In the event if you are not satisfied with any products, you may return to us within Two Hours after delivery. Please refer to our refund policy stated under “Our Refunds Policy”.
5. Price and Payment
5.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
5.2 Our site may contain a large number of Products and it is always possible that, despite our best efforts, some of the Products and Price listed on our site may change from time to time depending on the market price.
6. Our Refunds Policy
6.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us that you do not agree to any change in these Terms and Conditions or in any of our Policies, or because you claim that the Product is defective, or you are not satisfied with the Product), we will examine the returned Product. Provided we are satisfied with the condition of the Product following our examination, we will either replace the item (if returned owing to a defect) or provide you with a refund. If you have requested a refund we will usually refund any money received from you as soon as possible. Refunds will take 3-7 working days due to processing time with the bank.
6.2 Products returned by you because of a defect or any concern (unripe, sour or watery) notified within Two hours from the time of durian delivery will be replaced or refunded in full after delivery costs have been deducted.
6.3 A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within Two hours from the time of delivery. If you do not notify us accordingly, we shall have no liability in respect of such shortfall and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract. 6.4 The cost of return transportation is at your expense.
7. Our Liability
7.1 We warrant to you that any Product purchased from us through our site is of best and satisfactory quality.
7.2 Our liability in connection with any Products purchased through our site is strictly limited to the purchase price of that Product.
8.1 All notices given by you to us must be given to www.duriandelivery.net (Best Durian Delivery) located at Singapore.
9. Events Outside our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1 strikes, lock-outs or other industrial action;
9.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
9.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
9.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
9.2.5 impossibility of the use of public or private telecommunications networks; or
9.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
9.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. Entire Agreement
12.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
12.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
13. Our Right to Vary these Terms and Conditions
13.1 We have the right to revise and amend these Terms and Conditions from time to time.
13.2 You will be subject to the Policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those Policies or these Terms and Conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14. Law and Jurisdiction
14.1 Contracts for the purchase of Products through our site will be governed by the Law of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.