In this TOS:
"Account" refers to the EMU Australia Account that you will be required to create on the Site to enable you to access certain pages and features, and to submit an Order.
"Business Day" refers to a day that is neither (i) a Saturday nor a Sunday (ii) a public holiday (iii) a Bank Holiday anywhere in Singapore.
"Contract" refers to your Order of Product(s) in accordance with these Terms and Conditions that we accept in accordance with Clause 7.2.
"Customer" refers to any individual identified in the Order and who placed an Order on the Site.
"Order" refers to the online Order placed via the Online Store by you on the Site to purchase Product(s) from us in accordance with these Conditions. "Product(s)" refers to a EMU Australia Product on the Site for which EMUAUSTRALIA.SG displays in accordance with these Terms and Conditions.
"You" refers to the Customer who views an Product on our Site.
References to "clauses" are to clauses of these Terms and Conditions.
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
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.
The words, "includes", "including", and similar words or expressions shall not be construed as having any limiting effect.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis. Breaching of this provision will constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2013.
EMUAUSTRALIA.COM.SG will report such breaches to the relevant law enforcement authorities and disclose your identity to them to take any legal action.
4. Intellectual Property Rights, Software and Site Content
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including EMUAUSTRALIA.SG software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorized by EMUAUSTRALIA.SG and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
"Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site.
EMUAUSTRALIA.SG tries to ensure that the information on this site is accurate and complete. EMUAUSTRALIA.SG does not promise that the Site’s Content is accurate and/or error-free.
EMUAUSTRALIA.SG does not promise that the functional aspects of the Site or EMUAUSTRALIA.SG’s Content will be error-free or that the Content or server of this Site, EMUAUSTRALIA.SG, are free of viruses or other harmful components. We always recommend that all users of the Internet constantly ensure they have up-to-date virus scanning software installed.
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
5. Disclaimer for ownership of trade marks, images of personalities and third party copyright
All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. The respective trademark owners own any trademarks and/or names featured on this Site. Trademarks and/or brand names are solely referred to describe or identify the products and services.
6. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you,
EMUAUSTRALIA.SG . Any waiver of provision of the Terms and Conditions will only be effective in writing and is signed by Director of EMUAUSTRALIA.SG.
7. Terms of Sale
In order to make purchases through the Site, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to EMUAUSTRALIA.SG whose applications are acceptable to EMUAUSTRALIA.SG and who have authorised EMUAUSTRALIA.SG to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise that was purchased.
You will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. You will be required to provide payment details and you represent and warrant that the payment details you provided on ordering are both valid and correct, that you confirm you are the person referred to in the Billing information provided.
7.2 Acceptance of order
All orders are subject to acceptance and availability. EMUAUSTRALIA.SG offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally, however, we may be awaiting shipments from our suppliers. Please note that items in your shopping bag are not reserved and may be purchased by other customers.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order and is merely a confirmation of receipt.
Acceptance of your order and completion of the contract between you and EMUAUSTRALIA.SG will be completed when we email you to confirm that the goods have been dispatched. The sale contract is concluded in Singapore and the language of the contract is English.
We reserve the right not to accept your order in the event that, for example, payment was not received, shipping restrictions were applied to that particular item, the item ordered was out of stock or did not satisfy our quality control standards and was withdrawn, or the Customer did not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7.3 Price and Payments
Prices shown on the Site are in Singapore Dollars by default and are inclusive of any relevant local Singapore tax charges at the applicable rate. All prices and offers remain valid as advertised from time to time. The Singapore Dollar price of a product displayed on the Site at the time that the order was accepted will be honoured, except in cases of patent error.
Product prices displayed in alternative major currencies are solely indicative and use existing currency exchange rates. Upon the submission of your order, the price charged to your credit card (or preferred payment option) will be based on the price, in Singapore Dollars, as indicated on the website.
If you are a customer whose credit card is not denominated in Singapore Dollars, the final price you will be paying will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
Any applicable promotions, offers, vouchers, or online gift card must be stated before checkout as these cannot be claimed or applied after an Order has been made. No promotion, offer, voucher, or online gift card may be exchanged for cash.
You will bear all shipping and handling charges where applicable, as well as all applicable duties, tariffs and taxes (including but not limited to Goods and Services Tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your country (where applicable). The Customer will not be entitled to reject any Products, withdraw any Order, or claim any refunds on the grounds that the Customer does not agree with any such duties, tariffs and taxes.
You agree to submit to EMUAUSTRALIA.SG and its payment service provider, Paypal, card information and other personal and delivery information as may be reasonably requested by us or Paypal to process the Order, payment for the Order, and to arrange for delivery and invoicing. All such payments will be subject to Paypal terms and conditions. All credit cardholders are subject to validation checks and authorisation by the card issuer. And if the issuer of your payment card refuses to authorise payment to Paypal, we will not be liable for any delay or non-delivery.
Please contact email@example.com if you should have any questions or encounter issues with payment and we will be glad to help.
7.4 Product Availability and Descriptions
Products displayed on the Site are subject to availability. Products may also be available at selected EMU Australia counters whilst stocks last. In some cases, Products displayed for sale on Site may not be available at EMU Australia counters or vice versa. The Customer acknowledges that EMUAUSTRALIA.SG’s liability to deliver the Products to the Customer pursuant to the Contract is subject to the availability of the Products.
EMU Australia Singapore has made all effort to display and describe as accurately as possible the information of the colours and sizes. However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Products may vary. Slight marks and colour/print variations should not be considered as defects.
EMUAUSTRALIA.SG is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by the Customer or recipient of the Products.
The Customer is also aware that the customs authority may, in their sole discretion, open and inspect for any reason the contents of the Order, and EMUAUSTRALIA.SG shall not be liable for any loss or damage thereby caused.
Any shipment, delivery or collection dates provided by EMUAUSTRALIA.SG are estimates only and shall not form part of the Contract. EMUAUSTRALIA.SG shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused.
Please refer to our Shipping & Tracking section for more detailed information.
9. Acceptance of Product(s)
Customer satisfaction is of utmost importance to us and while we will do our best to accommodate all reasonable return requests, we reserve the right to refuse or deny any or all requests for return at our sole discretion.
If you are not completely satisfied with your purchase, you may return the Product to us within 7 days of receipt of the Product. Items should be returned unused, and with any price or brand tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer (at the customer's expense) and the request for return refused. Where provided, belts or any designer packaging such as authenticity cards, dust bags and tags should be included with your return.
Upon the successful return and acceptance of your returned product/s, we will either offer, depending on stock availability, an exchange for another pair or issue Gift Cards based on your original order transaction amount less any shipping costs that was included.
Unless otherwise indicated by EMUAUSTRALIA.SG in writing, customers are responsible for any cost of sending their return product back to EMUAUSTRALIA.SG for assessment.
Please note that request for returns made after 7 days upon receipt of products will only be granted at our discretion.
Please send items within 14 days of the date of EMUAUSTRALIA.SG’s official acceptance of your request for return. Products sent to us outside these timeframes may be accepted at the discretion of EMUAUSTRALIA.SG.
In the case of Defective Products received in your order, you must report it to EMUAUSTRALIA.SG by submitting a "Return Request" through My Account online with the reasons, including photos showing the product defect clearly. The Defective Product to be returned within 7 days of its delivery, failing which the Customer shall not be entitled to a replacement of Product. You must also produce the invoice together with the Defective Product in its original delivered condition and packaging.
Please see EMUAUSTRALIA.SG’s Returns Policy for additional terms and processes governing the return of Products.
10. Gift Cards
Upon the successful return and acceptance of your returned products, Gift Cards will be issues to you via email for you to make any new orders on EMUAUSTRALIA.SG.
New orders that are made with Gift Cards, which have previously been issued for your returned products, are not eligible for any subsequent returns. Please ensure to order the right item when you are re-ordering a replacement for your returned product.
Note that these Gift Cards will be available for your use up to six (6) months from the date of issue and will be expired thereafter.
Email firstname.lastname@example.org if you have questions relating to Gift Cards or need assistance in assessing your account.
11. Limits On Our Liability
We are not responsible for losses not caused by our breach or negligence or indirect losses that are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where failure is due to events that are beyond our reasonable control.
At our request, you agree to compensate us fully, defend us and hold EMUAUSTRALIA.SG harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
13. Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and EMUAUSTRALIA.SG as a result of the TOS and your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of EMUAUSTRALIA.SG, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
15. Governing Law
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Singapore law and the relevant courts of Singapore will have exclusive jurisdiction.
We may modify the TOS at any time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.