Terms & Conditions
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. General use of Services and/or Access of Platform including Terms & Conditions of Sale
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Product(s) through the Platform, as well as any amendments to the aforementioned, issued by Axxel Marketing Pte Ltd (“Axxel”) (whether as part of use of the Platform), from time to time. Axxel reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product description: While Axxel endeavors to provide an accurate description of the Product(s), Axxel does not warrant that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 For Product(s) sold by Axxel, such sale shall be deemed as agreement(s) entered into directly and only between Axxel and you.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Check Out” button. Axxel will not accept Orders placed in any other mode or manner. You shall be solely responsible for ensuring the accuracy of the Order.
2.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Axxel shall be entitled (but not obliged) to process such Order(s) without your further consent or instruction and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Axxel will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Axxel is not obliged to give effect to any request to cancel or amend any Order.
2.6 Axxel’s reservation of rights in respect of Orders: All Orders shall be subject to Axxel’s acceptance in its sole discretion and each Order accepted by Axxel (such accepted Order to be referred to as a “Online Order”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Axxel accepting your Order, Axxel shall not be a party to any legally binding agreement or promise made between Axxel and you for the sale or other dealings with the Product(s) and accordingly Axxel shall not be liable for any Losses, which may be directly or indirectly incurred as a result. For the avoidance of doubt, Axxel reserves the right to decline the processing or accepting of any Order received from or through the Platform in its absolute discretion.
2.7 Termination by Axxel in the event of pricing error: Axxel reserves the right to terminate the Online Order, in the event that a Product has been mispriced on the Platform, in which event Axxel shall notify you through email of such cancellation by giving five (“5”) days’ notice. Axxel shall have such right to terminate such Online Order whether or not Products have been dispatched or are in transit and whether payment has been charged to you. In the event payment has been charged to you, a refund will be processed in the manner as stated in Clause 5.6.
2.8.1 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Online Order shall be as stated by Axxel via the Platform, under the Specifications description for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Axxel excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.8.2 If a defect and/or non-conformance and/or faulty merchandise is discovered by the purchaser, Axxel shall at its own expense and risk, rectify the defect and/or non-conformance and/or provide a replacement or refund if no stock is available within seven (7) days from the date of purchase.
2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by Axxel which has not been stated expressly in an Online Order or upon any descriptions or illustrations or specifications contained in any document including any catalogue(s) or publicity material(s) produced by Axxel. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Online Orders allocate risks between the parties and permit Axxel to provide the Products at lower fees or prices than Axxel otherwise could and you agree that such exclusions on liability are reasonable.
2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.10.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Product(s) supplied or that it 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 Axxel;
2.10.2 Axxel binds itself only to deliver Product(s) in accordance 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. Any such special or particular description shall be taken only as the expression of Axxel's opinion in that behalf.
2.10.3 Axxel shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defect(s), alteration of the Product(s) without the prior written agreement of Axxel, any addition, insertion or removal of part(s);
2.10.4 Axxel shall be under no liability in respect of any defect arising from unsuitable or improper use, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, misuse or alteration or repair of the Product(s) without Axxel's written approval;
2.10.5 Axxel is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Axxel’s prior written approval and the Customer shall indemnify Axxel against all Losses arising out of such claims;
3. Delivery of Products
3.1 Address: Delivery of the Product(s) shall be made to the address you specify in your Order Form either by Axxel or its appointed agent(s) on behalf of Axxel. Axxel shall not be responsible for the accuracy of the address input in your Order Form. Axxel reserves its right to impose charges for any redelivery needed in the event of incorrect or incomplete delivery address input in the Order Form and/or alternative delivery address provided thereafter, following a failed delivery attempt to the initial address as input in the Order Form.
3.2 Delivery & packing charges: A delivery fee will be imposed for all deliveries to Singapore address and/or overseas address. Where special packaging is required, applicable charges will be imposed.
3.3 Tracking: You will be notified via email when the order is shipped. If you register an account, you can login to track your shipment status. If you check out as guest, no tracking information will be provided.
For delivery to overseas addresses, it is the responsibility of the buyer to ensure proper custom clearance of the shipment in the relevant destination country; including but not limited to payment of any customs duty and import tax, provision of any documents requested by the relevant custom authority and/or government bodies.
3.4 Delivery time: You acknowledge that delivery of the Product(s) is subject to availability of the Product(s). Axxel will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that it is possible that in some instances the Product might be unavailable and/or delays, whether foreseen or unforeseen, might occur at times. All delivery time given is only an estimate. The time for delivery shall not be of the essence, and Axxel (or any of its appointed agents) shall not be liable for any delay in delivery howsoever caused.
3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Axxel within three (“3”) Days immediately from such projected delivery date, Axxel will try, to the best of Axxel’s ability, to locate and deliver the Product. If Axxel does not hear from you within 3 Days from such projected delivery date, you shall be deemed to have received the Product.
3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Product(s) (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Axxel’s fault) then without prejudice to any other right or remedy available to Axxel, Axxel may terminate the Online Order.
4. Price of Product(s)
4.1 Listing Price: The price of the Product(s) payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Axxel (through the Platform). Axxel reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
4.2 Taxes: All Listing Prices are subject to relevant taxes including but not limited to Singapore Goods and Services Tax (“GST”) of seven (“7”) percent, unless otherwise stated. For local delivery within Singapore, a seven (7”) percent GST will be imposed. For shipment to overseas addresses, you will be responsible for all the relevant taxes incurred at the destination country including but not limited to custom duties and any other applicable taxes that may be imposed by the relevant government authorities.
5.1 General: You may pay for the Product using any of the payment methods prescribed by Axxel from time to time. When you place an Order, actual payment will be only charged upon acceptance of your Order and formation of an Online Order. All payments shall be made to Axxel.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Axxel from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Axxel for any failure, disruption or error in connection with your chosen payment method. Axxel reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without prior notice to you or giving any reason.
5.4 Invoicing: Unless you are a GST-registered business and/or company, Axxel will not issue a tax invoice upon acceptance of your order and/or payment received.
Axxel reserves its right to charge an administrative fee of S$25 for processing of any request to provide a tax invoice to the relevant buyer and/or customer; who is an individual or a non-GST registered business and/or company.
5.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Axxel, Axxel shall be entitled to cancel the Online Order or suspend delivery of the Product(s) until payment is made in full.
5.6 Refund of Payment:
5.6.1 All refunds shall be made via the original payment methods used, unless otherwise stated. For any refund to customers with overseas addresses, the refund shall be made via Paypal.
5.6.2 We offer no guarantee of any nature for the timeliness of the refund reaching your account. The processing of payment may take time and is subject to the respective bank(s) and/or payment provider’s internal processing timeline.
5.6.3 All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
5.6.4 All refunds are conditional upon our acceptance of a valid return of the Product where relevant shipping cost for the return, shall be borne by Customer.
5.6.5 We reserve the right to modify the mechanism of processing refunds at any time without notice.
6.1 Return Policy: All returns must be done in accordance with the instructions set out in Clause 6.2 and Axxel is not obliged to agree to any return unless all such instructions are compiled to Axxel’s satisfaction. Should Axxel agrees to the return, Axxel will deliver the replacement Product to your specified address or at the point of return.
6.2 Permitted returns: Subject to Clause 6.1, within seven (“7”) Days from the date of delivery of the Product, you may return a Product if you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Online Order; or
6.2.2 receive a faulty or damaged Product.
6.3 Repair or replacement: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Axxel and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Axxel may, at its sole discretion, grant the Customer a full refund of the price of the affected Products, provided that under no circumstance shall such refund exceeds the initial price paid to Axxel under the relevant Online Order for such affected Products. Upon a repair, replacement or refund being made or agreed to be made as aforesaid, the Customer shall have no further claim against Axxel.
6.4 Replacement Products: When Axxel has provided replacement of Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Axxel’s property and upon request such Products or parts thereof should be shipped back to Axxel at Customer’s cost.
6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer intentionally and/or for a reasonably prolonged period of time, fails to take delivery of the Products, the time when Axxel (via Axxel or its appointed agents) has tendered delivery of the Products.
7.1 Cancellation by you: You may not cancel the Online Order but may only return the Products in accordance with Clause 6.
7.2 Cancellation by Axxel: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Axxel may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Online Order with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
7.2.1 the Products under the Online Order being unavailable for any reason;
7.2.2 the Customer being in breach of an obligation under the Online Order;
7.2.3 the Customer, if a Corporate entity, passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
7.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
7.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
7.2.6 the Customer opting self-collection but fail to collect the items within 60 days after 11th February 2018.
7.2.7 all cancellation/termination will not be subjected to refund, any refund request from customer will be considered on a case-by-case basis.
8. Risk and property of the Product(s)
8.1 Risk of damage to or loss of the Product (s) shall pass to the Customer at the time of delivery or if the Customer intentionally and/or for a reasonably prolonged period of time, fails to take delivery of the Products, the time when Axxel (via Axxel or its appointed agents) has tendered delivery of the Products.
9. Customers with accounts
9.1 Username/Password: You may choose to create an account on the Platform to access certain services. If you request to create an account with us, a Username and Password may either be a) determined and issued to you by Axxel; or b) provided by you and accepted by Axxel in our sole and absolute discretion in connection with the access of the Platform and/or use of the Services. Axxel may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and Password. You are to inform Axxel immediately if you have knowledge that or have reason to believe or suspect that the confidentiality of your Username and/or Password has been compromised of there has been any unauthorized use of your Username and/or Password or if your Personal Data requires any update(s).