Terms & Conditions
Terms of Use
Please read these Terms of Use carefully (hereinafter referred to as the “Terms of Use”). The following Terms of Use govern your use and access of the P-PORTER Platform (as defined below) and the use of the Services. By accessing the Platform and/or using the Services (as defined below), you confirm that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not access and/or use this Platform or the Services.
The transactions on the Platform, including any purchase of Products through the Platform, is governed by the Terms & Conditions of Sale for P-PORTER. By entering any such transaction, you confirm that you have read, understood and agree to be bound by these Terms & Conditions of Sale for P-PORTER.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Shoppers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions, (ii) any changes associated with your use of any of the Services or purchase of Products, and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and stop using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 shall apply to these Terms of Use.
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services.
You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to Platform, as well as any amendments to the aforementioned which may from time to time be issued and/or published by us (as the case may be). We reserve the right to amend these guidelines, notices, operating rules and policies, and instructions at any time by posting the updated version under our Privacy Policy, Terms and Conditions, and all such other sites accessible through the P-PORTER Platform and you are deemed to be aware of and bound by any changes to the foregoing upon your continued use the Services or access to the Platform.
2.2 Restricted activities.
You agree and undertake NOT to
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity,
(b) use the Platform or Services for illegal purposes,
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services,
(d) post, promote or transmit through the Platform or Services any Prohibited Materials,
(e) interfere with another’s utilization and enjoyment of the Platform or Services,
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Shopper’s computer or mobile device or the Platform or Services, and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services.
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right, but not obligation, to monitor content.
We reserve the right, but shall not be obliged to
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action we deems appropriate,
(b) prevent or restrict access of any Shopper to the Platform and/or the Services,
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities, and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to disclose such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Privacy Policy
Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://www.p-porter.com/privacy-policy/.
2.6 Terms & Conditions of Sale shall be subject to the Terms of Use as set out at https://www.p-porter.com/terms-of-use/. For the avoidance of any doubt, the terms set out in the Terms of Use shall prevail in the event of any conflict or inconsistency between the Terms & Conditions of Sale and the Terms of Use.
2.7 Additional terms
In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of Services
3.1 Application of this Clause
In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3
3.2 Restrictions
Use of the Services is limited to authorized Shoppers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Shoppers who have breached or are in breach of the terms and conditions contained herein and Shoppers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.3 General Terms of Use
You agree
(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith, and
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
P-PORTER reserves the right to cancel or reject any use of this Services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
3.4 Product Description
While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current, or free from error.
3.5 Prices of Products
Where applicable, all Listing Prices are GST inclusive, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors
You acknowledge that parties other than P-PORTER may list and sell Products on the Platform, and that each Product listed on the Platform shall indicate whether the listing originates from P-PORTER or a Third Party Vendor, and if the latter, such reference number or other identification details that may be used to verify the identity of the Third Party Vendor. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Shopper shall be deemed as an agreement entered into directly and only between the Third Party Vendor and the Shopper.
4. Shoppers with P-PORTER accounts
4.1 Username/Password
Certain Services on the Platform may only be available to you if you create and hold an account with us, and furnish us with your Personal Data. If you request to create an account with us, a Username and Password may either be
(i) determined and issued to you by us, or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access
You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications in connection with your Username and Password shall be deemed to be, as the case may be
(a) access to the relevant Platform and/or use of the Services by you, or
(b) information, data, or communications posted, transmitted, and validly issued by you.
You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or access to Platform referable to your Username and Password.
5. Intellectual Property
5.1 Ownership
The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors, or our service providers. We reserve our right to enforce all rights to such Intellectual Property to the fullest extent of the law.
5.2 Restricted Use
No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant Intellectual Property owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks
The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6. Returns
6.1 Return Policy
The return policy is in accordance with the indication stated in the respective P-PORTER Product webpage.
7. Questions and Feedback
7.1 If you have any questions or feedback, you may contact P-PORTER customer care personnel via email.
7.2 P-PORTER reserves the right to implement an appropriate resolution at its sole discretion
8. Your Information
8.1 Consent to Receive emails
You consent and authorize us to use any information provided by you (including Personal Data) for the purposes of sending informational and promotional emails to you. Your agreement to the provisions of this Clause 8.1 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere).
8.2 Privacy Policy
You acknowledge that you have read and agree to the Privacy Policy at https://www.p-porter.com/privacy-policy/and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in Privacy Policy.
9. Termination
9.1 Termination by us
We may with immediate effect and with or without giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password, in our sole and absolute discretion. We may bar or suspend access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach or suspected breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
9.2 Termination by you
You may terminate your use of the Platform by giving minimum seven (7) days’ notice in writing to us.
10. Notices
10.1 Notices from us
All notices or other communications to you shall be deemed received on the following terms:
(a) If communicated through any print or electronic media, such notice or communication shall be deemed received on the date of such publication or broadcast, or
(b) If sent by post or left at your last known address, such notice or communication shall be deemed to be received by you on the day following such posting or on the day when it was so left.
10.2 Notices from you
All notices from you to us shall be issued in writing sent to our designated address or email address, and we shall only be deemed received upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other Modes
Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to email, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. General
11.1 Cumulative Rights and Remedies
Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2 No waiver
Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
11.3 Severability
If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these.
11.4 Rights of Third Parties
A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing Law
Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
11.6 Except as provided for in Clause 11.5, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (hereinafter referred to as “SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Singapore. The Tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.
11.7 Injunctive relief
We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.8 Amendments
We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of email), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate your use of the Platform. Our right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
11.9 Correction of Errors
Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to connection without any liability on our part.
11.10 Currency
Money references under these Terms of Use shall be in Singapore Dollars.
11.11 Language
In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.12 Entire Agreement
These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.13 Binding and Conclusive
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service provides relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.14 Sub-contracting and Delegation
We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.15 Assignment
You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
11.16 Force Majeure
We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Schedule 1 – Definitions and Interpretation
1. Definitions
1.1 “Shopper” means an authorized user of the Platform and/or the Services.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “P-PORTER Indemnitees” means P-PORTER and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “P-PORTER”, “we”, “our” and “us” refer to Premium Lifestyle Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 201103491Zand having its registered address at 281 Alexandra Road, Singapore 159938, trading as www.p-porter.com.
1.5 “P-PORTER Payment” means payments made on the P-PORTER Platform.
1.6 “Listing Price” means the price of Products listed for sale to Shoppers, as stated on the Platform.
1.7 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
1.8 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.9 “Order” means your order for Products sent through the Platform in accordance with the relevant Terms & Conditions of Sale.
1.10 “Password” refers to the valid password that a Shopper who has an account with P-PORTER mayuse in conjunction with the Username to access to the relevant Platform and/or Services.
1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, email address, billing address, delivery address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by P-PORTER which is presently located at the following URL: www.p-porter.com, and (b) the mobile applications made available from time to time by P-PORTER, including the iOS and Android versions.
1.13 “Privacy Policy” means the privacy policy set out at https://www.p-porter.com/privacy-policy/.
1.14 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Shoppers on the Platform.
1.15“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
(a) contains any computer virus or other invasive or damaging code, program or macro,
(b) infringes any third-party Intellectual Property or any other proprietary rights,
(c) is defamatory, libellous, or threatening,
(d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996), and/or
(e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.16 “Services” means services, information and functions made available by us at the Platform.
1.17 “Terms & Conditions of Sale” for P-PORTER means the terms and conditions governing a Shopper’s purchase of the Products and are set out at https://www.p-porter.com/terms-of-use/.
1.18“Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions governing the Shopper’s use of the Platform and/or Services and are set out at https://www.p-porter.com/terms-of-use/.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.20 “Username” refers to the unique login identification name or code which identifies a Shopper who has an account with P-PORTER.
1.21 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
1.22 “Business Day” means a day (excluding Saturdays and Sundays/Public Holidays) on which banks generally are open for business in Singapore.
1.23 “Shopper Contract” shall be as defined in Clause 2.6 in the Terms & Conditions of Sale.
1.24 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Shoppers on the Platform.
1.25 “Return Policy” means the return policy set out at P-PORTER Return Policy.
1.26 “Third Party Vendor” as “Seller” means a seller which, with permission from the P-PORTER as being an intermediary only, uses the Platform and/or Services to list and sell Products to Shoppers, and excludes P-PORTER whereby each agreement entered into for the sale of a Third Party Vendor’s Products to a Shopper shall be deemed as directly and only between the Third Party Vendor or Seller and the Shopper.
2. Interpretation
Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes”, or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of P-PORTER and the provision which is more favourable to P-PORTER shall prevail.
Terms & Conditions of Sale
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your Compliance
You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform as well as any amendments to the aforementioned, issued by P-PORTER (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time.
2.2 Product Description
While the listing party (ie, the Third Party Vendor or P-PORTER, as the case may be) (hereinafter also referred to as the “Seller”) shall endeavour to provide an accurate description of the Products, neither P-PORTER nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of These Terms & Conditions of Sale for P-PORTER shall apply.
2.3 Products listed on the Platform may be listed for sale by P-PORTER or a party other than P-PORTER (such party referred to in these Terms & Conditions of Sale for P-PORTER as a “Third Party Vendor”).Take notice that the each Product listed on the Platform shall indicate whether the listing originates from P-PORTER or a Third Party Vendor, and if the latter, such reference number or identification details that may be used to verify the identity of a Third Party Vendor. Products sold to you by Sellers will be governed by individual Shopper Contracts (more details below in Clause 2.6) which
2.3.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you, and
2.3.2 for Products sold by P-PORTER, shall be agreements entered into directly and only between P-PORTER and you.
2.4 Placing your Order
You may place an Order by completing the Order form on the Platform and clicking on the ‘Buy Now’ button. The Seller shall not be obliged to accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Orders are irrevocable and unconditional
All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you.
2.6 Seller’s reservation of rights in respect of Orders
All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Shopper Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice issued by the Seller through the P-PORTER Platform accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.7 Product Warranty
The warranties, if any, with respect to a Product (“Product Warranty”) sold under a Shopper Contract shall be as stated by Seller via the Platform and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatary law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, the Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
2.8 Shopper’s Acknowledgement
You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Shopper Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either P-PORTER or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for P-PORTER and Shopper Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.9 No representations or warranties
Without prejudice to the generality of the foregoing Clause 2.9
2.9.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.9.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller’s opinion in that behalf. Neither P-PORTER nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
2.9.3 P-PORTER shall be under no liability for the following measures and actions taken by the Shopper or third parties against any Third Party Vendor and the consequences thereof, whether under any improper remedy of defects, alteration of the Products without the prior agreement of P-PORTER, addition and insertion of parts, in particular of spare parts which do not come from P-PORTER;
2.9.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Shopper or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Shopper or third parties’ failure to follow Seller’sinstructions (whether oral or in writing) misuse or alteration or repair of the Products without Seller’s approval;
2.9.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Seller’sprior written approval and the Shopper shall indemnify Seller against all Losses arising out of such claims;
2.9.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paidin cleared funds by the due date for payment; and
2.9.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.10 Intellectual Property
2.10.1 Unless the prior written consent of P-PORTER has been obtained, the Shopper shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products, or do any such thing that would otherwise infringe on the rights of any such Intellectual Property.
2.10.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Shopper by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as maybe prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.10.3 The Shopper agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Shopper further agrees that any and all Intellectual Property embodied in or relating to the Products Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of P-PORTER has been obtained, the Shopper undertakes to return the Product Materials and/or any copies thereof upon P-PORTER’s request.
3. Delivery of Products
3.1 Address
Delivery of the Products shall be made to the address you specify in your Order either by Seller or by P-PORTER (or its agents) on behalf of Seller.
3.2 Delivery & packing charges
The applicable delivery and packing charges that you will be liable to bear in respect of any particular purchase shall be as notified to you prior to your confirmation of any such Order.
3.3 Delivery timeframe
You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller may inform you accordingly via email and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
3.4 Deemed receipt
In the event you do not receive the Product by the projected delivery date and provided that you inform P-PORTER within three (3) days immediately from such projected delivery date, Seller shall reasonably endeavour, to the best of Seller’s ability, to locate and deliver the Product. If P-PORTER does not hear from you within three (3) days from such projected delivery date, you shall be deemed to have received the Product.
3.5 Shopper’s failure to take delivery
If the Shopper fails to take delivery of the Products (otherwise than by reason of any cause beyond the Shopper’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Shopper Contract.Shopper may request for reschedule/redelivery, provided always that the Shopper shall bear upfront the full costs of all such fees and charges associated with such rescheduling and/or redelivery, as the case may be.
3.6 Unattended Delivery
P-PORTER may provide the option of having your Products left at the Shopper’s doorstep or as otherwise instructed by the Shopper, as an “Unattended Delivery.” Please note that some orders will not be eligible for Unattended Delivery. While P-PORTER’s goal is to honour the Shopper’s preferences whenever possible, P-PORTER is unable to guarantee that P-PORTER (or our agents) will be able to meet these instructions under all circumstances. If the Shopper selected for an Unattended Delivery and no one is available to accept the delivery of the Products, P-PORTER (or our agents) will leave the Shopper’s Products unattended on or in front of the Shopper’s premises, or as instructed. Where the Shopper specifically instructs P-PORTER (or our agents) to leave the Shopper’s Products outside the door, or as instructed by the Shopper, of the specified delivery address, such delivery (including unattended alcohol, wine and spirits) shall be at the Shopper’s sole risk and the Shopper accepts all liability and risk of loss, theft, and damage.
4. Prices of Products
4.1 Listing Price
The price of the Products payable by a Shopper shall be the Listing Price at the time at which the Order placed by the Shopper is transmitted to Seller (through the Platform).For the avoidance of any doubt, such Listing Price may not include the delivery charges which the Shopper may be liable to bear as well. The Shopper shall be notified of all charges applicable on a particular shipment or delivery of Products prior to the confirmation of each Order.
4.2 Taxes
Where applicable, all Listing Prices are GST inclusive, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment
5.1 General
You may pay for the Product using any of the payment methods prescribed by P-PORTER from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Shopper Contract. All payments shall be made to P-PORTER, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor), and whether through any third party payment gateway or otherwise as P-PORTER shall in its sole discretion determine. You acknowledge that P-PORTER is entitled to collect payments from you on behalf of Third Party Vendors.
5.2 Additional Terms
The payment methods may be subject to additional terms as prescribed by P-PORTER from time to time.
5.3 Payment Methods
You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include P-PORTER), for any failure, disruption or error in connection with your chosen payment method. P-PORTER reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without prior notice to you or giving any reason.
5.4 Invoicing
Seller may invoice you upon the due date of any payment under a Shopper Contract.
5.5 Failure to pay
If the Shopper fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is canceled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Shopper Contract or suspend delivery of the Products until payment is made in full.
5.6 Refund of Payment
(a) Any refund(s), as the case may be, shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed, within sixty (60) days from the time payment was successfully completed, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(d) For the avoidance of any doubt, nothing in this clause shall in any way contradict any no-refund policy as may be expressly stipulated under any Product Listing or elsewhere in these Terms & Conditions of Sale.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
5.7 P-PORTER Payment is operated by bank vendor company (“bank vendor”) for Premium Lifestyle Pte Ltd (“P-PORTER”).
6. Returns/Refunds
6.1 Return Policy
Subject always to Clause 6.2 below, the applicable return policy for each Product shall be in accordance with the descriptions set out in each individual Product Listing. In the event that no such return policy is stated, then the Seller is not obliged to agree to any return apart from the provisions of Clause 6.2 below. P-PORTER reserves the right to reject any requests for returns/refunds at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
6.2 Permitted Returns
Notwithstanding Clause 6.1 above, you may return a Product within three (3) days from the date of delivery of the Product when you:
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Shopper Contract, or
6.2.2 receive a faulty or damaged Product.
6.3 Refund
For Products that qualify for a valid return subject to clause 6.2, Seller or P-PORTER may offer Shopper a partial or full refund of the price paid for the non-conforming Product. Upon Shopper accepting a remedy from the Seller or P-PORTER as set out above, the Shopper shall have no further claim against the Seller as regard to the non-conforming Product.
6.4 Return of Non-conforming Products
When Seller or P-PORTER has given the Shopper a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or P-PORTER may, at its sole discretion, request such non-conforming Products to be delivered back to Seller or P-PORTER at Shopper’s cost.
7. Questions and Feedback
7.1 If you have any questions or feedback, you may contact P-PORTER customer care personnel via email.
7.2 In the event that Shopper is unable to resolve any dispute with the Seller directly through amicable negotiations, P-PORTER reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8. Termination
8.1 Cancellation by you
Unless otherwise provided for by these Terms & Conditions of Sale, all sales are final and non-refundable. You are not allowed to cancel the Shopper Contract.
8.2 Cancellation by Seller
Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for P-PORTER, Seller, or P-PORTER acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Shopper and/or terminate the Shopper Contract with immediate effect by written notice to the Shopper on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Shopper Contract being unavailable for any reason,
8.2.2 the Shopper being in breach of an obligation under the Shopper Contract,
8.2.3 the Shopper passing a resolution for its winding up or a court of competent jurisdiction making an order for the Shopper’s winding up or dissolution,
8.2.4 the making of an administration order in relation to the Shopper or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Shopper’s assets, or
8.2.5 the Shopper making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
8.3 Termination by Seller in the event of Pricing Error
Seller reserves the right to terminate the Shopper Contract, in the event that a Product has been mispriced on the Platform, in which event P-PORTER shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Shopper Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
9. Risk and Property of the Products
9.1 Risk of damage to or loss of the Products shall pass to the Shopper upon delivery or if the Shopper wrongfully fails to take delivery of the Products, the time when P-PORTER has tendered delivery of the Products.
9.2 Notwithstanding delivery and the passing of risk in the Products or any other provision of these Conditions the property in the Products shall not pass to the Shopper until P-PORTER has received in cash or cleared funds payment in full of the price of the Products and all other products agreed to be sold by P-PORTER to the Shopper for which payment is then due.
9.3 Until such time as the property in the Products passes to the Shopper, the Shopper shall hold the Products as P-PORTER’s fiduciary agent and bailee and shall keep the Products separate from those of the Shopper.
9.4 The Shopper agrees with P-PORTER that the Shopper shall immediately notify P-PORTER of any matter from time to time affecting P-PORTER’s title to the Products and the Shopper shall provide P-PORTER with any information relating to the Products as P-PORTER may require from time to time.
9.5 Until such time as the property in the Products passes to the Shopper (and provided the Products are still in existence and have not been resold) P-PORTER shall be entitled at any time to demand the Shopper to deliver up the Products to P-PORTER and in the event of non-compliance P-PORTER reserves its right to take legal action against the Shopper for the delivery up the Products and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Shopper.
9.6 The Shopper shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of P-PORTER but if the Shopper does so all moneys owing by the Shopper to P-PORTER shall (without prejudice to any other right or remedy of P-PORTER) forthwith become due and payable.
9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Products are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Shopper shall take all steps necessary to give effect to the same.
9.8 The Shopper shall indemnify P-PORTER against all loss damages, costs, expenses, and legal fees incurred by the Shopper in connection with the assertion and enforcement of P-PORTER’s rights under this condition.
10. Limitation of Liability
10.1 Sole remedy of Shopper
The remedy set out in Clause 6 are the Shopper’s sole and exclusive remedy for non-conformity of or defects in the Products.
10.2 Maximum liability
Notwithstanding any other provision of these Terms & Conditions of Sale for P-PORTER, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of Products under each Shopper Contract, will not exceed the sums that you have paid to Seller under such Shopper Contract.
10.3 Exclusion of liability
P-PORTER indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with (i) amounts due from other users of the Platform in connection with the purchase of any Product, (ii) the sale of the Products to you, or its use or resale by you, and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration or modification of the Products or failure to comply with Seller’s instructions on the use of the Products (whether oral or written).
11. General
11.1 References to “P-PORTER”
References to “P-PORTER” in these Terms & Conditions of Sale for P-PORTER apply both to P-PORTER’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Shopper Contract.
11.2 The rights and protections conferred on P-PORTER under these Terms & Conditions of Sale for P-PORTER shall be additional to the rights and protections conferred on P-PORTER under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Shopper.
11.3 Any clause in the Terms & Conditions of Sale for P-PORTER, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Shopper that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
11.4 P-PORTER reserves the right to alter, modify, add to or otherwise vary these Terms & Conditions of Sale for P-PORTER from time to time, and in such manner as P-PORTER deems appropriate. The Shopper shall be bound by the terms and conditions so amended. In any event, if the Shopper continues to use the Services provided by P-PORTER after such amendment, the Shopper shall be deemed to have accepted the amendments.
11.5 Cumulative Rights and Remedies
Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale for P-PORTER and Seller’s rights and remedies under these Terms & Conditions of Sale for P-PORTER are cumulative and are without prejudice in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale for P-PORTER, or at law or in equity, shall (save to the extent, if any, provided expressly in these terms & Conditions of Sale for P-PORTER or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
11.6 Correction of Errors
Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.