Terms and conditions



Terms & Conditions

This page states the terms and conditions on which we supply any of the products (each product) listed on our website www.bambusee.com to you. Please read these terms and conditions carefully before ordering any product from the site. You should understand that by ordering any of the products we list, you agree to be bound by these terms and conditions.

Introduction

1.1.1 These Terms and Condition govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these Terms and Conditions.
1.1.2 In these Terms and Conditions:
1.2.1 “Account” means the account that you will need to register for on the site if you would like to submit an order on the site.
1.2.2.  “Acknowledgement” means our acknowledgement of your order by email.
1.2.3. “Breach of Duty” has the meaning given to it in clause 8 of these Terms and Conditions.
1.2.4.  “Business Day” means a day which is neither; (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Singapore.
1.2.5.  “Confirmation of Order” means our email to you, in which we accept your order in accordance with clause 4 below.
1.2.6.  “Contract” means your order of a product or products in accordance with these Terms and Conditions which we accept in accordance with clause 4 below.
1.2.7. “Customer” means individual who places an order on the site.
1.2.8. “Liability” has the meaning given to it in clause 8 of these Terms and Conditions.
1.2.9 “Site” is the Bambusee.com website
1.2.10 “Product” are all items sold via the Site
1.2.11 “Seller” is Bambusee Pte Limited, Singapore
1.2.12. “Order” means the order submitted by you to the Site to purchase a Product from us.
1.2.13.  “You” means the customer who places an order.
1.2.14. References to “Clauses” are to clauses of these Terms and Conditions.
1.2.15. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
1.2.16. Reference to “includes” or “including” or like words or expressions shall mean without limitations.

Your Status

2.1 To Place an order with Bambusee you must be over 18 years of age and possess a valid credit/debit card issued by a bank acceptable to us.  

Effect

3.1. These Terms and Conditions shall apply to all orders and contracts made or to be made by us for the sale and supply of Products. When you submit an order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2.  These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3.  No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by us.  

How a Contract is Formed

 4.1.  When making an order, you must follow the instructions on the Site as to how to make your order and for making changes to your prospective order before you submit it to the Site.
4.2.  Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the Site) the charges you must pay including, if applicable, any delivery charges. Unless otherwise stipulated on the Site, all charges are in United States dollars. Subject to clause 4.2 below, this is the total that you will pay for receipt of the ordered Product.
4.3.  You shall pay for the Product in full at the time of ordering by supplying us with your credit/debit card details from a card company acceptable to us, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
4.4.  If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us.
4.5.  You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit/debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product
4.6.  When you submit an order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit your order.
4.7.  Your Order remains valid as an offer until we issue our confirmation of order or, if earlier, when we receive your notice revoking your order.
4.8.  We shall not be obliged to supply the Product to you until we have accepted your order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an Order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9.  A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Product.
4.10.  If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact sales@bambusee.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
4.11.  We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.12.  A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4.13.  You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.  

Delivery  

5.1  Seller will deliver the Product to you at the place of delivery requested by you in your Order after any payment has been received by Bambusee.com.
5.2  Seller shall aim to let you know if they expect that they are unable to meet our estimated delivery date, but they shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.3 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
5.4  It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.  

Cancellation  

6.1 We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.2  We will usually refund any money received from you using the same method originally used by you to pay for the Product.

Faulty Products

7.1  We Warrant that:
7.1.1  the Product will be delivered undamaged in the quantities ordered; and
7.1.2  the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
7.2  The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
7.3 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
7.4  In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
7.4.1 You specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
7.4.2  You providing us with the delivery note number and such other information as we reasonably require.
7.5  If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
7.5.1 Been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
7.5.2 Been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
7.5.3 Been dealt with or used contrary to our or the manufacturer's instructions for the Product; or
7.5.4 Deteriorated through normal wear and tear, After delivery by us, We may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit/debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.  

Limitations & Liability

8.1 This clause ‘8’ over rules over all other clauses and sets forth our obligations and your exclusive countermeasures, for: 8.1.1 The performance, non-performance, implied performance or delay in performance of these Terms and Conditions on the site.
8.2  Nothing in these Terms and Conditions shall exclude or limit our Liability for:
8.2.1 Fraud
8.2.2  Death or personal injury cause by our Breach of Duty
8.2.3 Any breach of the obligations implied by law
8.2.4  Any other Liability which cannot be excluded or limited by applicable law; or
8.2.5   Your statutory rights as a consumer
8.3    In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill
8.4  We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and you should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
8.5 Save as provided in clauses 8, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
8.6  Save as provided in clause 8, we shall have no Liability for:
8.6.1 Loss of revenue;
8.6.2  Loss of actual or anticipated profits;
8.6.3 Loss of contracts;
8.6.4 Loss of the use of money;
8.6.5 Loss of anticipated savings;
8.6.6 Loss of business;
8.6.7  Loss of operation time;
8.6.8 Loss of opportunity;
8.6.9 Loss of goodwill;
8.6.10  Loss of reputation;
8.6.11 Loss of, damage to or corruption of data; or
8.6.12  Any indirect or consequential loss
8.7  In these Terms and Conditions:
8.7.1 “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions (and for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include any collateral contract); and  “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty)  

Third Party Tools

9.1  The Site may at times provide you with access to third-party tools over which we neither monitor nor have any control nor input.
9.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
9.3 We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third Party Links

10.1  Certain content, products and services available via our Site may include materials from third-parties.
10.2 Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
10.4 Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Guarantee and Complaints Management

11.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details provided. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
11.4  Reason for replacement:
11.4.1 Defective
11.4.2   Wrong items
11.4.3   Missing parts
11.4.4   Wrong Size
11.5     Procedures for a replacement:
11.5.1  Before filling any form for replacement, please read the general requirements:
11.5.1.1  Still in the period of return/exchange (14 days of purchase date)
11.5.1.2  Show the purchase invoice
11.5.1.3  Still in original packaging (if possible)
11.5.1.4  The returned items deemed defective
11.5.2  Email and send a photo of your defective Product to our customer care at: sales@bambusee.com
11.5.3  Our customer care will check the information you send and will email as confirmation: Exchange, refund, or not acceptable.
11.5.4 If accepted for refund/exchange you then need to return the defective product back to us at the address we provide.    

General

12.1 We shall keep a record of your Order and these Terms and Conditions until one year after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
12.2  No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
12.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
12.4  You shall not transfer, charge, replace, sub-contract or create any deal in any other manner with these Terms and Conditions or any of your rights or obligations under these Terms and Conditions.
12.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
12.6  No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
12.7 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Singapore. All dealings, correspondence and contacts between us shall be made or conducted in English.

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