Terms and Conditions
Trika (S) Pte Ltd
These Terms and Conditions applies to the supply of any of the products (hereinafter referred to as ‘the Product’) listed on our website www.trikamodern.com (hereinafter referred to as ‘the Site’). Please read these terms and conditions before ordering Products from the Site. By ordering any of our Products, you agree to be bound by these terms and conditions. Please print a copy of these Terms and Conditions for future reference.
- Introduction To Trika
- Legal Status
- Application And Effect
- How the Contract is formed
- Fulfilment and Delivery
- Policy for Shipping & Returns
- Cancellation by Customer (Non-Faulty Product)
- Faulty Products
- Limitation of Liability
- Guarantee and complaints management
- Data protection
1.1 Our company is Trika (S) Pte Ltd, 200210096D, Block 4035 Ang Mo Kio Industrial Park 1
#01-37, Singapore 569642, trading as www.trikamodern.com and / or TrikaModern and its subsidiaries, associates and offices unless otherwise stated.
TrikaModern is operated and owned by Trika (S) Pte Ltd, Block 4035 Ang Mo Kio Industrial Park 1 #01-37, Singapore 569642 entity (“we”), a company registered in Singapore. International Credit Card Payments that you make through the Site will be processed by our Payment Service Provider, a company registered in Singapore.
1.2 These Terms and Conditions govern the supply of any Product(s) by us, ordered by you on the Site. When you order a Product from the Site, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
- “Account” means the account that you will need to register on the Site if you would like to submit an Order on the Site;
- “Acknowledgement” means our acknowledgement of your Order by email;
- “Breach of Duty” is defined in clause 10.11(b) of these Terms and Conditions;
- “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Singapore;
- “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 4.9;
- “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9;
- “Customer” means an individual who places an Order on the Site;
- “Liability” is defined in clause 10.11(a) of these Terms and Conditions;
- “Order” means the order submitted by you to the Site to purchase a Product from us;
- “Customer” means the individual who place an Order;
- References to “clauses” are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and do not affect the interpretation or construction of the Terms and Conditions;
- Words describing the singular shall also include the plural and vice versa. Words imparting a gender shall include also include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- References to “includes” or “including”
1.4 Terms and Conditions described herein are our copyrighted intellectual property. Usage of these Terms and Conditions by third parties – even of certain portions or extracts – for any commercial applications – is not permitted. Infringements may be subject to legal action.
- Your Legal Status
You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us to place an order.
3.1 Terms and Conditions shall apply to all Orders and Contracts made by us for the sale and supply of Products. These Terms and Conditions do not affect your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality). When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall constitute your unqualified acceptance of these Terms and Conditions.
3.2 Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
- How a Contract is formed
4.1 When making an Order, you must register for an Account on the Site as detailed in clause 10. You must follow the instructions on the Site to make your Order and for making changes to your Order before you submit it to the Site.
4.2 Once you have selected a Product that you wish to Order, you will then be shown (on the Site) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Singapore. Subject to clause 4.11 below, this is the amount that you will pay for receipt of the ordered Product.
4.3 You will need to pay for the Product in full at the time of ordering by supplying your credit or debit card details from a credit or debit card company acceptable by Paypal, which we require in order to process your Order. Your payment will be received by our agent, Trika (S) Pte Ltd, a company registered in Singapore (and a company wholly owned by us).
4.4 When or if we ask you for details of a payment card, you must be fully entitled to use the card or account. The card or account must have sufficient funds to cover the proposed payment to us.
4.5 All details you provide to us for the purpose of purchasing the Product from us will be provided by you and assumed correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do are subject to these Terms and Conditions which are current at the date you submit your Order.
4.7 Until we issue our Confirmation of Order, your Order remains valid as an offer.
4.8 We shall not be obligated to supply the Product to you until we have accepted your Order. Unless it is stated that we have accepted your Order, an email, letter, or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. Acknowledgement by us to you may show an Order reference number and details of the Product you have ordered. It is in our discretion to refuse to accept an Order from you for any reason, including unavailability of supplies. We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract is formed and we will be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we clearly accept your Order by email to you, in the form of a form called “Confirmation of Order” stating that we have accepted your Order. Our Confirmation of Order shall be effective when it has been despatched by us. Thereinafter, we will send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the Order of the Product.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
4.11 We will ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance process. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.12 A Contract will refer only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obligated to supply other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4.13 Submissions must be to us or our agent or the Site information, that is accurate and not misleading and must kept up to date and to inform us of changes, if any.
5.1 We aim to deliver the Product to your designated place of delivery as instructed in your Order.
5.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within ten (10) working days from the date of any Order which we accept but we cannot guarantee any firm delivery dates.
5.3 If we expect that we are unable to meet our estimated delivery date, we would aim to let yu know but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the Product, you may be required to sign for delivery. Before you sign for delivery, you agree to inspect the Product for any obvious faults, defects or damage. You will need to keep receipt of the delivered Product in case for future references.
5.5 Please note that it might not be possible for us to deliver to some locations. In such a situation, we will inform you to arrange for cancellation of the Order or delivery to an alternative delivery address.
5.6 All deliveries is in our standard packaging. Any special packing or packaging requested by you is subject to additional charges.
5.7 Upon delivery, all risk in the Product shall pass to you except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for any loss or damages of the Product.
5.8 When opening the Product, you must take care so as not to damage it, especially when using sharp tools (eg. knives, blades).
5.9 Without undue delay and at any time reasonably specified by us, you shall ensure that you are ready for safe receipt of the Product.
5.10 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both the following:
- a) charge you for our storage fee and other costs incurred by us at a reasonable rate; or
- b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as application any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above).
5.12 It is your responsibility to ensure that the Products are suitable for your use and that they meet your own requirements. You acknowledge that the Products are standard and not make bespoke to fit any particular requirements that you may have.
6.1 We may cancel a Contract if the Product is not available for any particular reason. We will notify you if this is the case and return any payment that you have made.
6.2 We will then refund any money received from you using the same method originally used by you to pay for the Product.
- Cancellation by Customer (Non-Faulty Product)
If you wish to cancel your order please contact our Customer Service Team on +65 68761611. No cancellation fees apply. Once an order has been dispatched, it may not be cancelled and the Product must instead be returned to the company according to guidelines provided by the customer care department (Please call the above stated number or refer to your return-slip provided in your received parcel).
- Faulty Products
8.1 We agree that:
- a) the Product will be delivered undamaged in the quantities ordered; and
- b) the Product will confirm with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.
8.2 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself.
8.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We endeavour to deliver Products in good condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you with any solutions for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
- a) by informing us in reasonable detail the way in which the Product is supposedly damaged or defective; and
- b) by providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product was subjected to ~
- a) misuse, abuse or neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- b) any accident or damage caused by an incorrect attempt at modification or repair; or
- c) had been used contrary to our or the manufacturer’s instructions for the Product; or
- d) deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- Limitation of Liability
9.1 Our Terms and Conditions prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
- a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
- b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- Guarantee and complaints management
10.1 We shall perform our obligations under these Terms and Conditions with reasonable capabilities and care.
10.2 We value our customer relationships and you may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, we, as the manufacturer must be involved, and as such, it may take longer to resolve such an enquiry or complaint.
10.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within 5 Business Days, please make further enquiries, in rare cases your emails may be caught in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
- Data protection
- Force Majeure
12.1 We shall not be liable for any breach or delay in the performance of a Contract due to any cause beyond our control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including suppliers, governments, quasi-governmental or local authorities), war, hostilities, national emergencies, piracy, strikes, natural disasters, accident, mechanical breakdown, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
12.2 Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid by you and not delivered).
12.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide out our absolute discretion which contracts we will perform and to what extent.
13.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recoded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
13.2 Any notice given by post shall be deemed to have been served two Business Days after the same have been posted if the recipient address is in the U.K. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a period or recorded delivery letter or despatched or a delivery report received.
16.1 We shall keep a record of your Order and these Terms and Conditions until two years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
16.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
16.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
16.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other many with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
16.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
16.6 No person who is not party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if the person has relied on any such terms or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
16.7 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- We reserve the right to amend these Terms and Conditions at any time. All amendments to
these Terms and Conditions will be posted on-line. However, continued use of the Site will be
deemed to constitute acceptance of the new Terms and Conditions.