1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Entire agreement. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are ST Engineering Innosparks Pte Ltd a company registered in Singapore. Our company registration number is 198004216K and our registered office is at 100, Jurong East Street 21, ST Electronics Jurong East Bldg, Singapore 609602.
2.2 How to contact us. You can contact us by telephoning our customer service team at +65 6873 2074 or by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when you submit your order through our website, www.airplus-family.store ("Website").
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified or for any other unforeseen business reasons.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to certain jurisdictions. Our website is solely for the promotion of our products in the jurisdictions listed on our Website. Unfortunately, we do not accept orders from addresses outside those jurisdictions.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the product or its specifications:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address manufacturing issues or technological advancements. These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. In addition, we may make the changes to these terms or the product from time to time. Any changes will not affect any orders that you have placed, and that we have accepted, prior to the date of the change. Any changes will be reflected on our Website and these terms and any orders placed following the date of the change constitutes your agreement to change.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
7.2 When we will provide the products. The delivery estimates are provided at the order checkout page on the website. During the order process we will let you know when we will provide the products to you.
7.3 We are not responsible for delays outside our control. Any delivery dates stated during the order process are estimates only. If our supply of the products is delayed by an event outside our control (for example, if there is a delay with the courier) then we or the courier will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. more than 30 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product once we have received payment in full and you are in receipt of the product.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.8.1 deal with technical problems or make minor technical changes;
7.8.2 update the product to reflect changes in relevant laws and regulatory requirements; or
7.8.3 make changes to the product as requested by you or notified by us to you (see clauses 5 and 6).
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7A. AIR⁺ REWARDS PROGRAM
7A.1 How to become an AIR⁺ Member. Membership is free. You can become an AIR⁺ member by creating an account on our Website. An AIR⁺ membership is strictly personal and only for use by the member.
7A.2 Earning Points. AIR⁺ points are the base units of measurement in the AIR⁺ Rewards Program. You can earn points when you:
7A.2.1 create an account on our Website
7A.2.2 shop online at our Website;
7A.2.3 successfully refer a friend; or
7A.2.4 participate in AIR⁺ activities, as and when announced on our Website.
Points will only be credited if your account has been created and the purchase is made through the account. For the avoidance of doubt, points have no cash value and cannot be exchanged for cash. Points can only be redeemed in accordance with Clause 7A.4 below.
7A.3 How Points are calculated. You can earn points in the following manner:
7A.3.1 every dollar spent on our Website (excluding gift cards, coupon codes, store credits, delivery charges and carrier charges) shall entitle you to 5 points;
7A.3.2 For non-purchase transactions, points will be awarded as follows:
7A.3.2.1 you will earn 100 points for creating an account on our Website;
7A.3.2.2 you will earn 30 points each time you refer a friend (a “Referee”) to AIR⁺ via your unique referral link and the Referee makes his/her first purchase through that unique referral link on our Website. There is no limit to the number of referrals you can make;
7A.3.2.3 participation in AIR⁺'s ad hoc events and/or activities will entitle you to earn such number of points stated in the respective terms and conditions of each event and/or activity.
7A.4 TERMS OF REDEMPTION
7A.4.1 You can redeem points in accordance with the following tiers:
|Number of Points||Value (in S$)|
7A.4.2 each redemption can only be used once towards the partial or full payment of regular-priced products in your subsequent purchases, provided that a maximum of one (1) redemption is used per purchase.
7A.4.3 redemptions cannot be used in conjunction with other discounts, promotions and/or offers.
7A.5 Expiry. Points expire after 180 days of no activity. Points are strictly non-refundable, non-extensible and non-transferable. Any redemptions made pursuant to Clause 7A.4 shall have a fixed validity of 180 days and shall automatically expire upon the expiration of such 180-day period.
7A. 6 AMENDMENTS, TERMINATION AND REMOVAL FROM PROGRAM
7A.6.1 AIR⁺ reserves the right in its absolute discretion to modify the terms of the AIR⁺ Rewards Program, including this Clause 7A at any time.
7A.6.2 Any changes, modifications or termination or any part of the AIR⁺ Rewards Program or its terms will be effective upon publications of those changes on our Website.
7A.6.3 We further reserve the right to terminate, discontinue or cancel the AIR⁺ Rewards Program at any time and in our sole discretion. In the event of such termination, discontinuation and/or cancellation of the AIR⁺ Rewards Program, all points held in your account at the point of termination, discontinuation and/or cancellation shall expire with immediate effect and we shall not be liable to you for any loss of revenue, profit, business or any indirect or consequential loss, damage or expense of any kind arising out of or in connection with the termination, discontinuation and/or cancellation of the AIR⁺ Rewards Program.
7A.6.4 AIR⁺ reserves the right to remove and/or terminate your AIR⁺ account, permanently or otherwise, in the event you:
7A.6.4.1 fail to comply with these terms and conditions;
7A.6.4.2 exploit the AIR⁺ Rewards Program for your own commercial gain;
7A.6.4.3 abuse the AIR⁺ Rewards Program;
7A.6.4.4 behave or attempt to behave fraudulently; and/or
7A.6.4.5 conduct yourself in a manner that is prejudicial against and/or in conflict with the interest of AIR⁺,
upon which, all points held in your account shall expire with immediate effect.
7A.6.5 For the avoidance of doubt, your continued participation in the AIR⁺ Rewards Program will be deemed as your acceptance and acknowledgement of the terms and conditions of the AIR⁺ Rewards Program, as amended from time to time.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.1.1 to 8.1.4 below the contract will end immediately and we will refund you for any products which have not been provided. The reasons are:
8.1.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.1.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.1.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.1.4 you have a legal right to end the contract because of something we have done wrong.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Email. Email us at firstname.lastname@example.org. Please provide your name, home address, order number and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, email us at email@example.com for return instructions.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 When we may make deduction from refunds.
9.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 7-21 days at one cost but you choose to have the product delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you breach it. We may end the contract for a product at any time by writing to you if you do not within a reasonable time allow us to deliver the products to you.
10.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you 50% of the amounts paid by you as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You write to us at firstname.lastname@example.org or 100, Jurong East Street 21, ST Electronics Jurong East Bldg, Singapore 609602.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
12.1 Consumer rights. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract and the relevant consumer law in the jurisdiction of your residence. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
If you are a resident in:
You have the following consumer rights:
The laws of certain jurisdictions in Canada, including Quebec’s Consumer Protection Act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitation in these terms and conditions might not apply to you and you may have some additional rights.
United States of America
In accordance with applicable State and Federal laws in the United States.
12.2 Other warranties. Save as set out in clause 12.1, all conditions, warranties, undertakings or representations express or implied, arising by statute, general law or otherwise, are expressly excluded to the extent permitted by law.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products please contact us at email@example.com for return instructions.
13. PRICE AND PAYMENT
13.1 Where to find the price for the product. The price of the product (which includes VAT/GST) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT/GST changes between your order date and the date we supply the product, we will adjust the rate of VAT/GST that you pay, unless you have already paid for the product in full before the change in the rate of VAT/GST takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we deliver your order.
13.4 When you must pay and how you must pay. We accept payment with VISA, MASTERCARD, AMERICAN EXPRESS & PAYPAL.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 Nothing in these terms shall limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2 fraud or fraudulent misrepresentation.
14.2 Subject to clause 14.1:
14.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.2.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the rights are transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by writing to us firstname.lastname@example.org or 100, Jurong East Street 21, ST Electronics Jurong East Bldg, Singapore 609602.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date as permitted by law.
16.6 Which laws apply to this contract and where you may bring legal proceedings.
If you are a resident in:
Choice of law and dispute resolution
United States of America