The following describes the terms and conditions which BIGBOX Singapore Pte Ltd (the “Company”) offers to Users (buyers, sellers and/or any parties using the Website) access to the services in homeshopping.com.sg, (the “Website”) and Users agree to the following terms and conditions, including those available by hyperlink to other websites, content or resources, and general principles for this Website.
Users using this Website, are responsible for maintaining the confidentiality of their User Account and password and for restricting access to their computer, and agree to accept responsibility for all activities that occur under their individual User Account or password. User as buyer who is under 18 years old, is to use this Website only with authorization from a parent or legal guardian.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Using this Website
While using this Website, the User will not:
· post content or items in an inappropriate category or areas on this Website or services;
· violate any laws, third party rights, or any law on ;
· use this Website or services if Users are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from this Website;
· manipulate the price of any item or interfere with other User's listings;
· circumvent, disable or manipulate the fee structure of the Website, the billing process, or fees owed to the Company;
· post false, fraudulent, abusive, inaccurate, misleading, defamatory, abusive, illegal activity or libellous content (including personal information);
· take any action that may undermine the feedback or ratings systems;
· transfer the User’s account to another party without the Company's consent;
· distribute or post spam, chain letters, or pyramid schemes;
· copy, modify, or distribute content from the Website and the Company's copyrights and trademarks;
· harvest or otherwise collect information about Users, including email addresses, without their consent; or
· use existing user accounts or create new User accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences
Violations of this policy may result in a range of actions, including:
· listing cancellation
· loss of Settlement Amount
· limits placed on account privileges
· account suspension / termination
· criminal charges / claim for damages
Abusing the Website
If any User believes that any intellectual property rights have been violated, please notify the Company immediately and the Company will investigate.
Without limiting other remedies, the Company may limit, suspend, or terminate service of the Website and User accounts, prohibit access to the Website and their content, delay or remove hosted content, and take technical and legal steps to keep the Users off the sites if the Company think that the Users are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the policies of the Company (for example, and without limitation, policies related to off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users whom the Company believe are harassing the employees of the Company or other Users). Additionally, the Company may, in appropriate circumstances and at the Company’s discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. The Company also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
The User acknowledges that:-
· any intellectual property rights, including but not limited to the copyright (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations), trademarks (such as graphics, logos, page headers, scripts, service names, brand features and design) and patents (such as software, features, services and the arrangement and accessibility of them through this Website) are exclusively owned by the Company, and that these remain the property of the respective owners; and may not be modified in whole, in part or in any form the layout or appearance of this Website, used, sold, licensed, copied, reproduced, distributed, stored, transmited, decompiled, disassembled, reverse engineered or otherwise be attemptted to discover or access any source code and computer software by any means or on any media to anyone; published or displayed within another website or created derivation works or commercialised any information obtained from any part of this Website without the prior written approval of the Company or the owners or in the case of third party the copyright in that material in any manner unless otherwise indicated;
· nothing contained on this Website is to be interpreted as a recommendation to use any information on this Website in a manner that infringes the intellectual property rights of any person; and
· the User may view this Website and its contents for personal and non commercial use only.
Purchase and Payment
Buyers should carefully read the individual shop’s policy and/or item details, etc. and review all information such as price, option price, shipping charges, delivery charges, import duty, etc. and terms and conditions for sales before purchasing an item.
The Company takes no responsibility and assumes no liability for any losses or damages to a buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. The Company reserves the right to check whether a buyer is duly authorized to use certain payment methods, and may suspend the transaction until such authorization is confirmed or cancel the relevant transactions where such confirmation is not available.
All items purchase orders submitted via this Website are subjected to seller’s acceptance. Completion of the purchase orders will only take place after the delivery of the items purchased from the seller to the buyer. The Company and the seller reserve the right to reject or cancel or terminate the obligation to fulfil any buyer’s purchase order, for whatsoever reasons, even after the purchase order is confirmed and paid by the buyer with notice and the Website shall not be liable to any party for such termination or cancellation.
Payment made through the Website shall be conducted using credit card payment, unless otherwise stated. Credit cards such as Visa, Mastercard, American Express and Paypal are accepted on the Website. The Website is not responsible for the errors, acts and omissions of the credit card companies.
In the event of a cancellation with no exchange in product and the payment from the credit card has been charged for the purchase, the Company will issue a credit in the amount of the charge to the Customer’s credit card account via PayPal within the first 60 days from transaction date. Otherwise, a cheque will be issued after 60 days from transaction date and the Customer’s individual bank policies will dictate when this amount is credited to the account.
If the country of the seller is different from the country of the buyer, the buyer is considered the importer of record and must comply with all laws and regulations of the country in which the buyer is receiving the goods. Buyers should make sure that they can lawfully import the item into the buyer's country before purchasing the item.
Buyers may be subject to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by the buyer if not specified otherwise in the item detail page explicitly; the Company has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country--please contact the local customs office for further information.
The User’s privacy is important to us, and the Company would like the international buyers and sellers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Also, the Company or sellers may provide certain order, shipment, and product information--such as titles--to the Company’s or the seller’s international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require the Company or sellers to state the value of the purchased item directly on the package.
Delivery and Collection Process
On receipt of the payment from the buyer, the Company shall instruct the seller to take necessary actions for delivery and the seller should ship the item(s) to the buyer with the relevant documents Purchase Order and Delivery Order. Thereafter, the buyer shall sign on the Delivery Order to indicate that the item(s) received are in satisfactory condition.
To accomodate the FREE DELIVERY Service of the order, buyer should incur a total amount of above S$75 for Grocery items Below this amount will incur a delivery charge of S$15 for grocery items, and for Furniture and Electronics delivery charge will be $55.00(Including installation charge) for bulk and small items.
For DRIVE-THRU SERVICE, you can have a free collection service when your purchase is above S$35.00. Below this amount will incur a service charge of S$5.00.
Sellers shall take all reasonable actions for buyers to receive purchased items within the time period specified by the seller. If a seller fails to deliver the purchased item within such period or the item was not received by the buyer due to a reason not attributable to the buyer (such as delivering to the wrong address), the seller shall bear all liabilities relating thereto. If any transaction is cancelled due to a reason attributable to the seller (e.g. non-delivery of the purchased items), the Company may take actions against the seller.
Cancellation, Exchange and Return
Buyers may request for exchange and/or return of purchased items at any time within 7 days from the date of delivery. Buyers are to refer to the individual shop’s policy and/or item detail, etc. for cancellation, exchange and/or return. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by sellers.
Return costs shall be borne by the party attributable to the return request, such as:
· the buyer, where the return is due to his/her change of mind; and
· the seller, where the return is due to the defects in the item, delivery delay or delivery of the
wrong or different item
Incurred delivery charges are not refundable unless there is a manufacturing defect. Buyers are advised to check the items upon receipt. Any returns after received, delivery charges shall be borne by the buyer.
For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs. The Company or sellers take no responsibility and assume no liability for such cases.
Pricing and Seller Activities
Sellers shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated and shall not post inaccurate information.
The price of items will be determined by the seller at the seller’s own discretion. The sellers may wish to take into consideration all relevant factors, including, without limitation Shipping Charge Fees.
The price of an item and Shipping Charge shall include the entire amount to be charged to the buyers such as sales tax, value-added tax, tariffs, etc. and sellers shall not charge buyers such amount additionally and separately.
Upon successful payment for the items purchased, the buyer can view the order history with the items ordered when they sign in to their User account.
Sellers may list their items on the global Website for international or cross-border trading and it is important that all listings and transactions comply with applicable laws. Sellers are responsible for ensuring that their transactions are lawful in both the country of the seller and the country of the buyer.
Sellers should make sure that the item they are selling can be lawfully posted outside of the country where they live and also make sure that they can lawfully import the item into the buyer's country before sending the item. Sellers should discuss possible export and/or import problems with potential buyers, do careful research, and hire an expert if necessary to make sure that all transactions comply with all applicable laws.
Sellers may help ensure compliance with applicable laws by following these listing practices:
· state on the individual Shop’s Policy and/or item detail, etc. that the seller can only ship items to the countries that legally allow the items to be imported.
· include a clause in the individual Shop’s policy and/or item detail, etc. describing any limitations on the items. For example, “No shipment to [Country’s Name].”
The sellers shall submit the duly signed and filled up “Seller’s Application Form” and provide the Company the required mailing address, email address, certificate of incorporation and/or ACRA company profile of the seller’s company, and the bank account information together with a document evidencing that the bank account is owned by and in the name of the seller. The sellers shall comply with all the Terms and Conditions as stated in the supplier contract. The sellers shall not claim against the Company for damages, including outstanding payment of settlement amounts, resulting from delay of submission of such identification and bank account information.
Settlement With Seller
The Company may deduct from the amount payable by the Company to the sellers for any transactions through the Website (the "Settlement Amount") any expenses or loss to the Company due to the sellers. To protect against the risk of liability, payments of the Settlement Amount may be subject to deductions at the Company’s discretion.
Joining this Website is free, the Website do not charge the sellers any insertion, listing fees or for completed transactions. All Settlement Amounts is subject to GST and other taxes by applicable laws and regulations and the Company will charge sellers such GST and other taxes additionally.
Content In The Website
The User may post enquires on the item enquiry page and buyer also can provide evaluation, reviews, comments, ratings, ideas, sggestions, and other information or content, so long as the content is permitted by the Terms and Conditions in the Website, is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." The User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If the User does correspond or otherwise communicate, post content or submit material with the Company, and unless the Website indicates otherwise, the User is deemed to have automatically granted the Company an irrevocable, nonexclusive, royalty-free, perpetual, irrevocable, and world-wide sublicense to have the full rights to copy, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media or incorporate the content into other works in order to publish and promote such content.. The User is deemed to have granted the Company and sub-licensees the right to use the name that the User submits in connection with such content, if they choose. This may include, but is not limited to, publishing testimonials on this Website and developing the User’s ideas and suggestions for improved products. The User represents and warrants that the User’s own or otherwise control all of the rights to the content that the User post; that the content is accurate; that use of the content the User supply does not violate this policy and will not cause injury to any person or entity; and that the User will indemnify the Company for all claims resulting from the content the User supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by the User.
· photographs are for illustrative purposes only and may vary from goods depicted or described.
· the Company may, at any time, add or remove content from this Website without notice.
· any articles, information or content published on this Website must be read in conjunction and comply with all the Terms and Conditions in the Website.
Links To Other Websites
Parties other than the Company operate stores, provide services, sell products or list advertisement on this Website, and this site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. The User should carefully review their privacy statements and other conditions of use.
The Company provides these links to User for the User’s convenience only and the inclusion of any link does not imply the Company’s endorsement of the linked website. User shall access linked website at his/her own risk. Subject to any non-excludable rights, the Company disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on the linked websites.
The Company reserves the right to prevent third parties from linking to this Website.
Release from Claims and Damages
If the Users have a dispute with one or more Users, Users release the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims and damages (actual and consequential) of every kind and nature including reasonable attorney’s fees made by third party due to or arising out of the User’s breach of this Agreement (known and unknown) and/or violation of any law or rights of a third party.
Access and Interference
The User agrees that the User will not:
· take any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure;
· copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for the User’s Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
· interfere or attempt to interfere with security-related features (including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on the use of the servers and networks or the interests or property of other Users) the proper working of the Website or any activities conducted on the Website;
· bypass the Website’s measures used to prevent or restrict access to the Website; or
· distribute viruses or any other technologies that may harm or disrupts the Website.
The User will indemnify and hold the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User’s breach of this Agreement, or the User’s violation of any law or the rights of a third party.
No Warranties and Limitation of Liability
The Company is not involved and/or liable in/for the actual transaction between buyers and sellers. The Company has no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. All information, software, products, services and other content contained in the Website is provided for general information purpose only. It is not legal or other professional advice or intended to be comprehensive.
The Company does not transfer legal ownership of items from the seller to the buyer. Unless the buyer and seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller; and does not guarantee continuous or secure access to the services and operation of the Website as numerous factors outside of the Company’s control may interfere with the Website.
The User specifically agrees that the Company shall not be responsible for:
actions or inactions, delays, inaccuracies, errors or omission in respect of content or items listed, including things posted, unauthorised access to or alteration of the User’s transmissions or delivery of content or data, whatsoever incorrect information provided in this website supplied to the Company or by other Users, sellers, manufacturers or suppliers or changing product specifications without notice to this Website or Company, any material or data sent or received or not sent or received, or any transactions entered into through this website;
any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights;
any content sent using the communication services and/or included in this site by any third party, and/or any loss or damage caused by the reliance on information obtained through this website; and
all implied warranties, terms and conditions (to the extent legally permitted), any special, incidental, indirect, punitive or consequential damage, loss of money, goodwill, or reputation of any kind, or damages whatsoever whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from reliance on the materials presented, costs of replacement goods, loss of use, data and profits, delays or business interruptions, and any theory or liability) arising out of or in connection with the use of, or inability to use this website, whether or not the Company has been advised of the possibility of such damages.
The Website may feature third party advertising or content. By featuring such advertising or content, the Company does not in any way recommend or endorses the relevant advertiser, its products or services and the linked site is provided to the User “as is’ without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The Website may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions and the User’s participation in such activities is solely at the User’s discretion and risk. The Company does not accept any responsibility in connection with the User’s participation in activities conducted by any other party.
The Use of this Website is solely at the User’s own risk. Some jurisdiction do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some Users. It is the User’s responsibility todetermine the validity, quality and relevance of any information, material or service assessed to take the appropriate independent advice before acting or relying on any of it to ensure that it meets the User’s requirements.
evaluate the accuracy, completeness and usefulness of any information provided, make enquiries to verify information provided and to assess the suitability of products before any purchases and
report any errors or omission in any information, material or service, via customer feedback.
The parties are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. Nothing in this Agreement and no course of dealing between the parties will confer upon the User any exclusive rights with respect to the Website.
Except as explicitly stated otherwise, any legal notices shall served on BIGBOX Singapore Pte Ltd. via registered mail, to 1 Venture Avenue Singapore 608521 (in the case of the Company) or to the email address the User provide to the Company during the registration process (in the case of the User). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give the User legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
Applicable Law and Jurisdiction
By visiting this Website, the User agrees that the laws of Singapore, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between the User and the Company.
The courts of Singapore will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
· If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
· Headings are for reference purposes only and do not limit the scope or extent of such section.
· The Company failure to act with respect to a breach by the User or others does not waive the User’s right to act with respect to subsequent or similar breaches.
· The Company does not guarantee that the Company will take action against all breaches of this Agreement.
· This Agreement sets forth the entire understanding and agreement between the Company and the Users with respect to the subject matter hereof.