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Terms & Conditions

Welcome and have a great time on our site.

 

Introduction

Moby (www.mobyshop.com.sg) is a website (the “Website”) operated by Moby Group (Singapore Company Registration 53175879J) (the “Website Owner”). The Website Owner, including subsidiaries and affiliates (or "we" or "us" or "our") provides the information contained on this Website or any of the pages comprising the Website to visitors ("Visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these Website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.

 

Website Availability

Moby may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

Moby reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.

In the event that Moby, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Moby reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

 

Trademarks

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.

 

External Links

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

 

User of the Website

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Singapore). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

 

No Commercial Use

This Website 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.

 

Your Status

By placing an order to purchase Products (Order) through the Website, you warrant that:

You are legally capable of entering into binding contracts and you are at least 18 years old.

 

The Contract Between You and The Partner

After placing an Order, you will receive an email from Moby acknowledging that Moby has received your order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to Moby to buy a Product from the third party that offers the Product for sale via the Website (the Partner). All orders are subject to acceptance by the Partner, and the Partner will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between the Partner and you (Contract) will only be formed when the relevant Partner sends you the Dispatch Confirmation.

Each Contract relates only to those Products whose dispatch the Partner has confirmed in the Dispatch Confirmation. The Partner shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.

For the avoidance of doubt, your contract with Moby relates only to your use of the Website and the Services available therein.

 

Offer and Acceptance

Any offers by or on behalf of Moby made in any way whatsoever (orally, in writing, electronically, digitally, etc.), are free of obligation and apply as long as supplies last.

Moby is competent to revoke any offer within five workdays of receiving other party’s acceptance. Moby has the right to remove offers from the website and cancel deliveries.

If other party’s acceptance deviates from Moby’s offer, even if it only concerns minor points, no agreement will be concluded, but it shall be understood as an offer made by other party.

An offer made by other party will not be deemed to have been accepted by Mobyo until Moby has confirmed it in writing.

Moby’s offers and/or quotations will not apply to repeat orders or new orders.

Other party will have accepted an offer by Moby if it has entered its account information (customer information) on Moby’s website and placed an order.

After an order has been placed by other party, Moby will send an order confirmation with an invoice.

 

Price

Moby charges prices as they are displayed on the website, unless expressly agreed otherwise in writing. The prices stated on the website are nett and exclusive of delivery charges.

Moby is entitled to charge rises in cost price of more than 3% to other party. If rises take place within three months of the contract being made, other party is entitled to dissolve the contract.

While the prices stated on the website is accurate as possible, Moby is entitled to amend and charge accordingly to the latest price - higher or lower, upon point of purchase.

 

Payment

In a credit card transaction, you must use your own credit card. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

Insofar as not agreed otherwise in writing, payment shall be made before the agreed due date, by credit card (Visa or MasterCard), Paypal, by depositing the amount into or transferring it to an account stated on the invoice, or by some other pre-arranged method of payment.

Without prejudice to any other relevant rights to which Moby is entitled, other party will be in default without requiring notice of default or judicial intervention, if other party fails to pay the money due on time and/or fully, or otherwise imputably fails in the fulfillment of its obligations towards Moby.

 

Deliver, Risk

Unless expressly agreed otherwise in writing, delivery will only take place after other party has fully paid the invoice amount.

Moby may determine shipping mode and shipping route.

Other party has the obligation to purchase the goods.

From the moment Moby presents the goods to the shipping firm for delivery (for instance, Speedpost EMS or DHL), the risk of the goods getting lost or deteriorating (including damage, loss, theft) will lie with other party. If it concerns a consumer purchase, this risk will lie with other party from the moment of delivery.

 

Liability

Moby is not liable for any material or immaterial damage incurred by other party and/or third parties at whose disposal other party places the goods, unless in the event of intent or gross negligence on the part of Moby. In particular, Moby is not liable for any health damage.

Moby is not liable for any consequential damage, direct or indirect company damage, stagnation damage and/or loss of profit.

In any case, Moby’s liability in all circumstances is limited to the amount which its liability insurer will pay out in a given case.

 

Indemnity

You agree to indemnify, defend and hold harmless Moby, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Moby or your use of the Site.

Moby reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Moby in asserting any available defenses.

 

General

These website terms and conditions constitute the sole record of the agreement between you and Moby in relation to your use of the website. Neither you nor Moby shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Moby in respect of your use of the website.

Your access to or use of the Site, as well as these Terms shall be governed by, and construed in accordance with Singapore laws and you agree to submit to the exclusive jurisdiction of the Singapore courts.

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Moby’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

Moby shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices contact us here.

14 Scotts Road Far East Plaza
#02-52
Singapore 228213