Terms & Conditions

GENERAL

1. In these Terms and Conditions the following expressions shall have the following meanings:
   1. "Customer" shall mean you and all other persons who purchase the products under your Login.
   2. "Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration thereof.
   3. "Login" shall mean a Customer's membership number and access to Emarco Online Store under that Customer's registration.
   4. "Product/Products" shall mean any and all the products for sale by Emarco Online Store.
   5. "Emarco” shall mean Emarco Enterprise Pte Ltd who is the seller of the products by Emarco Online Store.
   6. "Emarco Online Store" shall mean this Internet site or catalogues owned by Emarco and the medium by which Products are offered for sale by Emarco to the Customer.
2. All the Products sold by Emarco through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Emarco Online Store, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.
3. These terms and conditions shall prevail over any other document purporting to have a contractual effect including any Emarco store policy.
4. The Customer shall agree to complete the registration process according to Emarco's requirements as stated on this site. The Customer shall provide Emarco with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone and fax numbers (optional) and e-mail address.
5. Registration to open only to residents in Singapore aged 18 and above. Emarco has the absolute discretion to refuse the registration of a potential customer for any reason whatsoever and to terminate the registration of any of its Customers for any reason whatsoever.
6. The Customer will be liable for every order made under his Login and agrees to indemnify Emarco for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using the Customer's Login. The Customer shall be responsible for updating his registration information.
7. The Customer may place his order via website and receive a confirmation of receipt of order via email or telephone. For clarification, such confirmation of receipt of orders does not guarantee stock availability.
8. For orders of value $150 or more per delivery per location, there will be free delivery provided. For orders of less than S$150 per delivery per location, there will be a delivery charge of S$15.00. Additional delivery charge may apply for any other special arrangement such as special timing, location, etc. Emarco shall make every effort to fulfill orders placed by Customers through the Emarco Online Store, but Emarco shall not be liable to any person if Emarco shall decline to fulfill an order for whatever reason, or if Emarco is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable.
9. For product which are unavailable, EMARCO reserves the right to replace it with a compatible item of equal values.

PRICE

1. Emarco shall make every effort to ensure that the prices, details and sizes of Products detailed by the Emarco Online Store are correct but Emarco reserves the right to vary the price and other details of the Products without notice.
2. Discrepancies between the on-line bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. Emarco reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of delivery.
3. In the event of different special offers or promotions being made available to the Customer simultaneously for the same Product, the Customer may elect one such offer or promotion per Product but shall not be entitled to a combination of all such offers or promotions per Product.
4. If the Customer requests a variation to the order which Emarco accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.
5. Emarco may from time to time set credit limits for individual Customers and Emarco reserves the right to limit sales including the right to prohibit sales to re-sellers.
6. Not all the product description will correspond exactly to the product code/model offered on-line. Emarco reserves the right to provide the nearest product descriptions and the nearest price. Photograph, images and colour featured are representation of the actual products only and may varies from time to time. Emarco cannot be held responsible for any inaccuracy or omission.
7. All prices quoted are before 7% Goods & Service Tax (GST). Emarco Enterprise Pte Ltd GST/RCB Registration number is 19-9903023D.
8. Prices quoted are subjected to changes without prior notice and subject to stock availability. Special offers are valid only while stock last.
9. All prices are in Singapore Dollars (SGD).

PAYMENT

1. Payment for products ordered through Emarco Online Store can be made by PayPal, cash/cheque on delivery (Please make cheque payable to “Emarco Enterprise Pte Ltd” and quote the invoice number on the back of the cheque). All cash payment requires a counter signature by the delivery man on the related INVOICE and DELIVERY ORDER as proof of payment.

DELIVERY

1. Emarco shall use reasonable endeavors to deliver Products of acceptable quality to the delivery address (specified by the Customer on the registration form) within the time windows selected by the Customer but Emarco shall not be liable for any delays in its delivery services, if the delay has been due to causes beyond the control of Emarco.
2. Emarco will only effect delivery to mainland Singapore except Sentosa and Jurong Island.
   
   Delivery Information :-
   
   

   Order Received	Earliest Delivery Time
   9:00am to 5:00pm	2nd working day between 10.00am to 6:00pm (Mondays to Fridays), 10.00am-3.00pm (Saturdays)
   After 5:00pm	3rd working day between 10.00am to 6:00pm (Mondays to Fridays), 10.00am-3.00pm (Saturdays)

   
   

   Delivery time	Delivery Charges
   10.00am to 6.00pm (Mondays to Fridays), 10.00am to 3.00pm (Saturdays)	Free (applicable in Singapore only)
   6.00pm to 9.00pm (Mondays to Fridays), 3.00pm to 6.00pm (Saturdays)	S$30.00 surcharge (applicable in Singapore only)

   
   

   Delivery Amount	Delivery Charges
   More than S$150.00 per order value per delivery	Free (applicable in Singapore only)
   Less than S$150.00 per order value per delivery	S$15.00 (applicable in Singapore only)

3. No delivery services shall be available on Sundays & Public Holidays and Delivery slots are subjected to availability.
4. The Customer is to notify Emarco immediately of a change to his delivery address and contact number.
5. Save where the Customer has specifically instructed Emarco to leave his delivery outside the door provided payment has already been effected earlier (when such delivery shall be at customer's risk), all deliveries shall be signed off by the Customer on the delivery invoices.
6. If payment for the order is to be made by cash or cheque on delivery, the Customer shall ensure that a person of a reasonable age who is authorised to receive and pay for the order is present at the specified time of delivery at the Customer's address to receive and pay for the order. If no such person is present, Emarco shall attempt to make the delivery at another time but reserves the right to charge the Customer an extra re-delivery fee of S$15.00.
7. Emarco reserves the right to withhold delivery of the Products to the Customer if it has any doubts whatsoever as to the Customer's credit worthiness or if the Customer does not effect payment upon delivery.
8. Customers will have to bear freight/handling/insurance costs involving overseas delivery.
9. Customers may arrange for self-collection at main office during office hours (9.00am-6.00pm, Mondays to Fridays; 10.00am-1.00pm, Saturdays).
   
   EMARCO Enterprise Pte Ltd
   48 Toh Guan Road East #02-122
   Enterprise Hub, Singapore 608586
   Tel: +65 6795-1313
   Fax: +65 6793-1313

CANCELLATION OF ORDER

1. The Customer cannot cancel the order once payment is made and the goods have been delivered.
2. Subject to the Customer's consent, Emarco may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
3. If there is no prior consent from the customer for a substitution, no substitution shall be made.

PROPERTY RISK

1. All risk in the Products shall pass to the Customer upon delivery to the Customer's delivery address but Emarco shall retain title in the Products until such time as payment for the Products has been effected.

RETURNS OF PRODUCTS / REFUNDS

1. Not all pictures of Products on this site/catalogue will correspond exactly to Product description. In such cases the written description of the Product is the more accurate. The Customer shall not be entitled to return a Product simply because it does not correspond exactly to its on-line catalogue picture.
2. Emarco shall use its best efforts to ensure that orders are correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported either by e-mail at [email protected] or by using Emarco Online telephone hotline (phone) 67951313 or (fax) 67931313 by the next working day of delivery of the Products:
   
   
   1. If any Product proves to have been delivered in a damaged condition, or if the Product proves to be out of date, or if a Product which was ordered and invoiced is not included in the delivery, or if the wrong Product is delivered, Emarco shall either refund to the Customer the value of that Product, or replace the Product. The due amount will be charged back to the originating account.
   2. If any Product which was not included in the Customer's order is delivered to the Customer by mistake, Emarco reserves the right to collect the wrong Product.
   3. If the Customer has been charged for a Product which has not been delivered, Emarco shall refund to the Customer the value of that Product as originally charged to the Customer.
   4. If a Customer is charged more than the value of a Product, Emarco shall refund to the Customer the difference.
   5. Items sold are non-exchangeable except for items delivered with defects.
   6. All goods for exchange or return must be complete, undamaged and unsoiled and if possible, in its original packaging or wrapping and labels intact.
   7. All goods for exchange or return must be within 7 days after delivery.
   8. No returns will be accepted for customized products and special ordered items.
   9. S$15.00 transport charge will apply for any request for a special trip to be made for any return or exchange of goods (only valid within Singapore).

WARRANTIES

1. To the extent permitted by law, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.
2. No agent or representative of Emarco is authorized to make any warranties, representations or statements regarding the Products and Emarco shall not in any way be bound by any such unauthorized warranties, representations or statements.

LIABILITY

1. The liability of Emarco whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Emarco's obligations here under shall not in any event exceed an amount equivalent to the price of the Products.
2. Emarco shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Emarco be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.
3. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Emarco assumes no obligation or liability for any advice or information given with the Products and Emarco shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.

INTELLECTUAL PROPERTY

1. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Emarco Online shall at all times remain the property of Emarco.
2. Emarco and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of Emarco or such other parties.

FORCE MAJEURE

1. If the performance by Emarco of its obligations under the Emarco Online is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Emarco), Emarco shall be excused from such performance to the extent of such prevention.

VARIATION OF TERMS AND CONDITIONS

1. Emarco reserves the right to amend these Terms and Conditions in its sole discretion. Emarco may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and Emarco shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

APPLICABLE LAW

1. These Terms and Conditions shall be governed by the laws of Singapore and the Customer and Emarco agree to submit to the jurisdiction of the Singapore courts.
   
   16th September 2009 Emarco
   All products and company names mentioned herein are trademarks or trade names of their respective owners. All rights reserved.