APPLICATION AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“Terms”) govern the relations between Luke’s Lobster Singapore, referred to as the “the vendor”, and any non-trading, natural person, hereinafter referred to as “the client”, for the sale of products offered on the website www.lukeslobster.sg and www.lukeslobster.sg/order
The Terms apply exclusively to non-trading, natural persons, possessing the legal capacity to enter into a contract. In order to place an order with us, we require full and total acceptance of these Terms. Therefore, by placing an order, you are deemed to have expressly agreed to and accepted this condition.
Considering updated changes to this website from time to time, the vendor reserves the right to adapt or amend, at any time, the Terms. Where there are changes made to the Terms, the new Terms will be published on the websites and apply to any order placed subsequent to the new Terms being posted online on the websites.
ACCEPTANCE AND CONFIRMATION OF ORDER
The process for placing an order on the website is as follows:
Choose your products
Indicate pick up or delivery dates and time
Choose your products and add them to cart
Validate the contents of the cart
Accept the Terms & Conditions of Use
Confirm the order
Provide information regarding the client personal details
Indicate preferred payment method
The client is able to see the details of the order at each of the different stages as stated above and the total price and may therefore correct any errors before confirming his/her order. By confirming his/her order, this constitutes an irrevocable express acceptance of the Terms.
Payment for the price of the products makes the order final and no amendment of the order may be entertained by or taken into consideration by the vendor thereafter.
Conclusion of the contract is only effective after confirmation of the order by the vendor. The vendor confirms the order by sending an email to the email address provided by the client once payment of the order has been successfully received.
The vendor reserves the right to cancel or refuse to accept any order from a client with whom there is a dispute concerning payment of a previous order or who, in the vendor’s opinion, presents any form of risk.
Any information given by the client remains his/her sole responsibility and any anomalies generated by him/her shall remain the responsibility of the client and the vendor shall under no circumstances, be held liable for any loss or damage occasioned thereby, in the event that it becomes impossible to carry out the order.
PRICE OF PRODUCTS
The prices of products marketed on the website are expressed in SGD, and includes applicable taxes. Delivery, postage charges and miscellaneous costs are excluded.
The total cost of your order will be the purchase price for the Products and any additional services you order.
Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section.
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the payment details as provided are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the product(s) being located in Singapore.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Site.
EXCHANGE POLICY: REFUNDS/CANCELLATIONS
No refunds, exchange, cancellations or amendments to dates and items is applicable once payment is processed and completed online.
UNAVAILABILITY OF PRODUCTS
The vendor reserves the right to change the product range at any time and from time to time. Certain offers may have a restricted period of validity that will be indicated for each product or product range.
The vendor undertakes to honour orders received on the website only within the limits of available stocks. In rare cases, a product that is shown as available on the website may become unavailable after definite registration of the order.
In the event that one or several products ordered become(s) unavailable within the time period indicated, the vendor undertakes to inform the client of this fact as quickly as possible by email.
The order shall be automatically cancelled and the client is reimbursed within 30 days at the latest following full settlement of the amount paid, except where the client expressly wishes to switch his/her order to a substitute product advised by the vendor.
The client agrees and acknowledges that no penalty shall be applied for such cancellations and that subject to the above, receipt of reimbursement of the amount paid by the client shall be conclusive, and the client waives all rights to claim any penalty or other costs from the vendor.
PRODUCT PICKUP AND DELIVERY
The client may choose to pick up the order(s) from the following locations and timings as stipulated:
Luke’s Lobster Singapore at Isetan Scotts, Shaw House 350 Orchard Road, #01-K4, Singapore 238868
10:30 AM – 9:00 PM
All dispatch of order(s) or picking up of products from the store can only be carried out or permitted, subject to the vendor’s receipt of payment in full and confirmation of the order(s).
Orders made on the date of order are based on delivery details shared by client and cannot be amended.
Delivery services are available at $18 on locations island-wide. Additional surcharges will apply for areas such as Tuas or Sentosa.
Delivery service personnel will wait for up to 10 minutes before leaving the stated delivery location.
Orders not picked up from designated outlets or from delivery personnel at stated pickup location on selected date chosen by client will be forfeited. Requests for re-delivery of order on a different date or to a different pickup location is not available.
The vendor seeks to fulfil its customers’ orders to the best of its abilities. In the event that the customer wishes to provide any feedback, please contact Customer Service at the following email address: email@example.com. Customer Service will respond within the next 24 hours during office hours between 9am – 6pm.
The vendor guarantees the quality and freshness of its products, provided the same are not subject to being kept in an room temperature for more than 60 minutes. All products should be consumed immediately upon purchase or collection.
The client has up to three (3) business days commencing from the date of delivery of the products to send to Customer Service, any claims for loss or damage suffered as a result of consumption or due to any conspicuous defect in the delivered goods.
After the expiry of the said period, no claim may be legitimately accepted by the vendor thereafter.
In the interests of hygiene and food safety, perishable foodstuff cannot be returned or exchanged.
The vendor shall not accept the return of any perishable foodstuff except in the case of a formal agreement by Customer Service. In the event any formal agreement is made for the return of such perishable foodstuff, the same is/are to be returned in its original state and packaging, with proof of purchase, and the vendor shall at its sole discretion, assess the claim on a case-by-case basis.
In the event any conspicuous defect of any product or article is proved to the reasonable satisfaction of the vendor, the vendor shall at its sole discretion, and on a case-by-case basis, elect to either replace the product or reimburse to the client, the price paid for such product. Bank transfer will take up to a maximum of 30 days from the date of receipt of the request for reimbursement.
Any reproduction of our websites, whether in whole or in part, is strictly prohibited without prior agreement.
All content (including but not limited to logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on our websites (the “Content”) is either owned or licensed by Lukes (Singapore) Pte Ltd, and is protected by such applicable copyright laws and treaties in Singapore and internationally. All such rights are reserved.
The Luke’s Lobster trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, our websites, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Lukes (Singapore) Pte Ltd and/or its licensors and are protected by such applicable trademark laws and treaties in Singapore and internationally. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to our websites, the products depicted and/or available on our websites and any accessories, stationery, packaging or ancillary items connected to such products, your order or our websites (the “Intellectual Property Rights”) are and shall remain the exclusive property of Lukes (Singapore) Pte Ltd and/or its licensors and such Intellectual Property Rights are protected by such applicable intellectual property laws and treaties in Singapore and internationally All such rights are reserved.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
PROHIBITION OF SALES OUTSIDE THE NETWORK
All products available on our websites are for sale exclusively through our distribution networks. It is therefore strictly prohibited to buy the products for purposes of resale outside of our networks, in particular, through any websites. Such acts constitute an infringement of our brands and the integrity of our products, and will subject the perpetrators to legal and criminal liability, where appropriate.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us in relation to the subject matter of any contract of sale between us.
We each acknowledge that in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
All notices given by you to us must be sent to Lukes (Singapore) Pte Ltd at 45 Cantonment Road Singapore 089748 or firstname.lastname@example.org.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
If we fail, at any time for the duration of the contract of sale between us, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in accordance with the Terms herein.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
The provisions of the Contracts (Rights of Third Parties) Act are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
APPLICABLE LAW AND DISPUTES
These Terms and all transactions relating to the websites are governed by the laws of Singapore and you and we hereby submit to the non-exclusive jurisdiction of the Singapore courts.
In the event of a dispute, the parties agree to resolve the same in an amicable manner.
Failing an amiable solution, the parties agree that any legal proceedings shall be brought before the competent courts of Singapore.