Conditions of Sale
1.2. Each order placed with us shall be governed by these Conditions of Sale.
1.3. These Conditions of Sale may be modified from time to time by us without notice to you. Any amendment, variation or supplement will be notified by publication on this website, effective from the date of such publication. You are invited to read the Conditions of Sale on a regular basis to be informed of these modifications. You will be subject to the Conditions of Sale in force at the time you order products from us.
1.4. References to “the Company”, “we”, “our” or “us” shall be reference to Elomart Pte Ltd (UEN No. 201013077R) having its registered address at 38C Belvedere Close, Singapore 159883.
2. REGISTRATION ON THE SALES WEBSITE
2.2. Before you may place an order on the Sales Website, you will be required to register and create an account with the Sales Website. As part of the registration and account creation process, you will have to provide mandatory registration information, such as your name, billing / delivery address and a valid and up-to-date email address, as well as select a password.
2.3. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s).
2.4. You are responsible for:-
2.4.1. notifying us immediately by sending us an email at email@example.com if you know, or have reason to believe, that your customer account username and password were stolen, misused, or have been compromised in any way;
2.4.2. ensuring that your personal particulars are updated on the Sales Website so that we can keep accurate records and deal with your request and orders.
2.5. We reserve the right to suspend or terminate your account if we know, or have reason to believe that your account has been used by another person.
3. ORDERS THROUGH THE SALES WEBSITE
3.1. An order on the Sales Website for product(s) is placed by you:-
3.1.1. clicking on “Add to Cart” button for the relevant product(s),
3.1.2. proceeding to the checkout page,
3.1.3. entering your payment details (i.e. your credit card or debit card details) and finalising your order,
3.1.5. allowing the payment to be processed.
3.2. All payments shall be made at the point of checkout by either credit card or debit card. The Company reserves the right to refuse your order in the event your credit card or debit card issuing bank does not approve the transaction, in which event the Company shall not be liable to you in respect of any and all losses that you may suffer.
3.3. Once you have placed your order, we will acknowledge receipt of the order by an email. If you do not receive an email from us within two (2) working days, it will be deemed that we have refused your order.
3.4. All orders submitted through the Sales Website are deemed to be irrevocable and unconditional, and we shall be entitled (but not obliged) to process such orders without your further consent, and without any further reference to you.
3.5. After acknowledging receipt of your order, we will check that the relevant product(s) is / are in stock. A valid and binding agreement between you and the Company will occur only when the product(s) you order have been dispatched by us (the “Confirmed Order”).
3.6. By placing an order through the Sales Website, you represent and warrant that you are legally capable of entering into binding agreements, and that you are over 18 years of age.
3.7. While we may endeavour to provide an accurate description of the products, we do not warrant or make any representation that such description is accurate, current or free from error. For the avoidance of doubt,
3.7.1. no conditions is made or to be implied nor is any warranty given or to be implied as to a product, a product’s description, details or information, or that the products sold will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Company;
3.7.2. the Company does not give any warranty as to the quality, state, condition or fitness of the products, and the Company disclaims all liability where you attempt to or effect remedy of any defect(s) and / or alteration(s) without the Company’s prior agreement;
3.7.3. the Company shall be under no liability in respect of any unsuitable or improper use, fair wear and tear, wilful damage, negligence, defective or negligent handling, chemical, electro-technical or electric influences, misuse or alteration of the products without the Company’s approval;
3.7.4. you agree that in purchasing the products, you have not relied on any warranties, representations and / or claims about the products. The information on the Sales Website is provided for informational purposes only and you should not rely on, or use such information as the sole basis for making decisions without consulting other sources of information which may be primary and / or comparatively more complete and timely. The Company shall not be responsible or liable for any decisions made in reliance on the information or products and services contained in the Sales Website; and
3.7.5. where applicable, the Company shall be under no liability whatsoever in respect of any defect in the products arising after the expiry date of the product(s).
3.8. The prices payable for the product(s) you order are as displayed on the Sales Website on the date you place your order. Delivery charges, where applicable, shall be billed as indicated on the Sales Website during checkout, calculated in accordance with the product(s) you have ordered, the size of the order, and / or the delivery method you have selected.
3.9. The Company reserves its rights, at any time without prior notice, to correct any errors or omissions and change information on the Sales Website. We may refuse your orders which were based on erroneous information, including without limitation, information relating to shipping, pricing, return policies or payment terms. The Company endeavours to notify you as soon as possible where it detects an error in pricing. You have the option of reconfirming your order at the correct price, or cancelling your order. Where you reconfirm your order at the correct price, the Company will either refund you the difference (if the correct price is lower) or you shall be liable to top up the difference before the Company ships you the order (if the correct price is higher). Should you choose to cancel the order, you are entitled to a full refund, subject to the deduction of any reasonable costs that the Company may have incurred.
3.10. You are subject to the applicable user agreement of your payment method. You may not claim against the Company for any failure, disruption or error in connection with your chosen payment method.
3.11. We reserve our rights, at any time, in our sole and absolute discretion and without providing any reasons and without any liability to you or any third parties, to verify, refuse, cancel or terminate an order.
3.12. The Company and its Affiliates reserve the right not to acknowledge or respond to any warranty, refund or other requests in respect of products that were purchased through methods or channels other than the Sales Website.
4.1. All Confirmed Orders will be delivered to the delivery address you specify at the point of checkout.
4.2. We may contact you by SMS, smartphone application, telephone call or email with information regarding your order and delivery.
4.3. We will endeavour to effect delivery of your Confirmed Order within seven (7) working days, subject to stock availability and any supervening event that is beyond our control. Depending on stock sufficiency / availability, we may hold back delivery or effect partial delivery of the products you have ordered.
4.4. All risk of loss or damage to the products shall be transferred to you upon your taking delivery of the products (or such person who accepts / purports to accept delivery of the products on your behalf).
4.5. At the point of delivery, you shall be responsible for verifying that the products are in line with the Confirmed Order, and that the products are intact, undamaged, and not altered in any manner.
5. REPAIR/REPLACEMENT DUE TO MANUFACTURING DEFECT
5.1. This Clause 5 shall apply only in respect of product(s) that are for domestic / non-commercial / non-industrial use (i.e. those products listed under “ELO Living”, including but not limited to the Alkaline-4 UF Drinking Water System, Central Water Filtration System, Dew Fruit and Vegetable Washer, Dew Water Conditioning Pitcher, Nano-1 Integrated H2O Water System) you have purchased in new or unused condition from the Company, or from an authorised dealer of the Company.
5.2. Any repair / replacement under this Clause 5 is only applicable in the country where the product was originally purchased. The official receipt for the purchase of the product from the Company or its authorised dealer, together with the serial number of the product, must be produced to the Company or its authorised dealer in the country of purchase, in order to claim for a repair / replacement under this Clause 5. In addition, the official receipt must be legible, and must be issued by the Company or its authorised dealer in the relevant country, and the date of purchase must be stated clearly on the official receipt.
5.3. This Clause 5 shall apply to manufacturing defects for a period of twelve (12) months from the date of purchase of the product from the Company or its authorised dealer, or such shorter period as may be specified for the product. The Company’s liability is limited to repairing and / or replacing of the defective product only. This Clause 5 does not entitle you to any refund or to any compensation for loss or damage arising from purchase or use of the defective product or otherwise.
5.4. This Clause 5 is not a guarantee or promise relating to the quality or fitness for any particular purpose, or to the nature of the material, workmanship or performance of the product.
5.5. To the extent permitted by applicable law, only the original purchaser of the product shall be eligible to claim for a repair / replacement under this Clause 5, and such eligibility is not transferable.
5.6. Without prejudice to Clause 3.7 and the rest of this Clause 5, the Company or its authorised dealer(s) shall refuse to repair / replace a product under the following circumstances:-
5.6.1. damage due to intentional or reckless act, misuse, negligence, abuse or failure to follow normal operating procedures or abide by any prohibitions or warnings as outlined in the relevant user manual, including without limitation as a result of use with hot water exceeding 35°C where relevant;
5.6.2. damage due to unauthorised repairs, modifications, or dismantlement;
5.6.3. damage due to the introduction of acid or alkaline solution;
5.6.4. damage, loss, defects or malfunction as a result of act of God, fire, flood, natural disasters, civil unrest, theft, or animal or insect infestation;
5.6.5. where applicable, damage due to wrong wiring, wrong electrical connection or defects from using wrong electrical supply;
5.6.6. normal wear and tear or natural deterioration or stains;
5.6.7. corrosion or rust as a result of misuse;
5.6.8. commercial / industrial use of products for domestic / household / non-commercial / non-industrial use;
5.6.9. product purchased from any person, firm or entity other than the Company or its authorised dealer(s); and / or
5.6.10. product with its serial number removed, defaced or altered in any manner whatsoever.
5.7. The Company has the sole option whether to repair or to replace the defective product with an identical product or a similar product of like kind, quality and specifications. This Clause 5 shall no longer apply where the defective product is replaced, and the defective product exchanged for the replacement product will become the Company’s property.
5.8. To the extent permitted by the applicable laws, the remedies under this Clause 5 are the purchaser’s sole and exclusive remedies. The Company shall not be liable for any loss or injury to any person or any loss or damage to any property or any direct or indirect loss or any incidental, indirect, special, punitive or consequential damages whether based on contract, tort or otherwise, relating to or arising in connection with the product.
6.1. Subject to applicable law, you are entitled to a seven (7) working day return / refund on the product(s) purchased, commencing on the date you make payment for the product(s) you have purchased.
6.2. You shall make your own arrangements, and shall be liable for and shall bear all shipping or transportation costs associated with any request for a return / refund. The Company shall not be liable to indemnify you where the products are lost, stolen or damaged whilst in transit. For the avoidance of doubt, the Company shall also not be liable to you in respect of any products that are lost, stolen or damaged whilst in transit.
6.3. The Company shall be entitled to deduct from the refund, any reasonable administrative charges (including, without limit, shipping costs, credit card charges, bank charges and other associated charges) incurred by the Company arising from a request for a return / refund.
6.4. You shall endeavour to return the products in the same condition that you received it. You will be liable for any diminished value of the products resulting from any improper handling.
6.5. In requesting a return / refund, you are required to furnish a proof of purchase, as well as proof of damage at the point of taking delivery (where it is so alleged) such as photographs or any other form of contemporaneous records.
6.6. For the avoidance of doubt, the Company reserves its rights to refuse a request for return / refund where:-
6.6.1. you failed to take delivery of the purchased products within seven (7) working days of your purchase of the products; or
6.6.2. for any reason that is attributable to you, the Company was unable to effect delivery of the purchased products within seven (7) working days of your purchase of the products.
6.7. We offer no guarantee of any nature for the timelines of the refunds reaching your bank account. The processing of refunds may take time and it is subject to the respective banks and / or payment provider internal processing timeline.
6.8. Partners / Provisional Partners registered under the ELO Partner Programme who purchase products from us should refer to the Terms and Conditions of the ELO Partner Programme for any returns / refunds.
7. INTELLECTUAL PROPERTY
7.1. Unless you have obtained the prior written consent of the Company, you shall not remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any products.
8. RIGHTS OF THIRD PARTIES
8.1. Unless expressly provided to the contrary in these Conditions of Sale, a person who is not a party to these Conditions of Sale has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce or to enjoy the benefit of any term of these Conditions of Sale.
9.1. If any part of these Conditions of Sale is rendered void, illegal, unenforceable or invalid, whether by any legislation to which it is subject or otherwise, that part shall be rendered void, illegal, unenforceable or invalid to that extent and it shall in no way affect or prejudice the enforceability of the remainder of these Conditions of Sale.
10. LIMITATION OF LIABILITY
10.1. Without prejudice and in addition to Clause 3.7, in no event shall the Company be liable for any direct, indirect, incidental, consequential damages of any nature, arising in connection with the products, their use, their sale, or otherwise, howsoever arising.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Conditions of Sale shall be governed by, and construed in accordance with the laws of the Republic of Singapore.
12.2. All disputes, controversies or differences arising out of or in connection with these Conditions of Sale shall be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure of the Singapore Mediation Centre for the time being in force. The parties agree to participate in the mediation and undertake to abide by the terms of any settlement reached.
12.3. If any such dispute cannot be resolved through mediation within 30 days of its submission to the Singapore Mediation Centre, the dispute shall then be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause 12.3.
13.1. Our failure to enforce any of our rights under these Conditions of Sale shall not be deemed a waiver of such rights.
Version effective 09 September 2019