Aurigamart Terms of Sale
1.1 The terms & conditions (refer to as “Terms of Sale”) will apply to any purchase you make from DCH Auriga Singapore or Aurigamart Platform (individually and collectively refer to “DCH Auriga Singapore”, “Aurigamart”, “we”, “us” or “our”, refer to as “Aurigamart”).
1.2 The Terms of Sale forms part of the Terms of Service and Aurigamart Policies. Please read the Terms of Sales, Terms of Service and the Aurigamart Policies to understand your rights and obligations. Any terms that are used in the Terms of Sale that are not defined herewith will have the meanings given to such terms in the Terms of Service and/or the applicable Aurigamart Policies.
1.3 All terms and conditions described in these Terms of Sale are subject to change at Aurigamart’s discretion pursuant to the Terms of Service and the Terms of Sale.
2.1 By purchasing any Aurigamart Product, you warrant to us that:
2.1.1 You are purchasing such Aurigamart Product for your personal consumption only;
2.1.2 You are at least eighteen (18) years old; and
2.2.3 You are legally capable of entering into binding contracts.
- PLACING AN ORDER
3.1 When you place an order to make any purchase on Aurigamart Platform, your order is deemed as an offer to purchase products from us. Aurigamart have absolute discretion to reject your order without any reason. Your order is accepted when Aurigamart inform you that Aurigamart have accepted your order. Each order accepted by us shall constitute a separate contract.
3.2 Aurigamart Products purchased online may be out of stock even after order confirmation. If Aurigamart are unable to fulfill your order, Aurigamart will contact you to offer an alternative Aurigamart Product or a refund.
3.3 No cancellation of order is allowed by you once Aurigamart accept your order.
3.4 Aurigamart reserve the right to cancel any order and refund you the price of any Aurigamart Product/s for which you have paid without interest (in lieu of delivery or supply of such product/s). This applies even after Aurigamart have confirmed your order and payment has been received by us.
4.1 The price of Aurigamart Product is as displayed on the Platform (“Store”), except in case of error.
4.2 If Aurigamart discover an error in the price of a Aurigamart Product you have ordered, Aurigamart will inform you as soon as possible. You will have an option to either proceed with your order at the corrected price or to cancel your order. If Aurigamart are unable to contact you, we have the right to cancel your order and to refund you accordingly if payment has been received by us, if necessary.
4.3 All prices are in Singapore dollars, inclusive of Goods and Services Tax.
5.1 Aurigamart would do our best to provide accurate information for all Aurigamart Products on the Store. However, all data or information on our Store are offered or provided on an “as-is” and “as-available” basis. Aurigamart do not warrant that the description, images, prices, availability, and any other information of the Products stated on our Store are accurate and complete. Aurigamart are not liable in any way for inaccuracy and incompleteness in relation to the description, images, prices and availability of Aurigamart Products or any data or information on our Store.
- RISK AND TITLE
6.1 Any risk of damage to, or loss of, the Aurigamart Products shall pass to you upon the delivery.
6.2 Notwithstanding delivery and the passing of risk in the Aurigamart Products or any other provision of these Terms of Sale, title to the Aurigamart Products shall (i) remain with Aurigamart until Aurigamart have received full payment by you, and (ii) be subject to any retention of title rights granted by Aurigamart to any supplier of Aurigamart Products.
- RETURN AND EXCHANGE
7.1 Any refund or return shall be subject to the Terms of Service.
8.1 Aurigamart will not be liable for any representation, warranty, condition and term (whether expressed or implied by statute, common law or otherwise) to the fullest extent permitted by law, including that the quality of Aurigamart Products, will meet your needs or expectations after any form of misuse, abuse, normal Aurigamartar and tear, product mishandling, misguided usage and/or deviation from printed instructions. Aurigamart will not be liable for damages which are not reasonably foreseeable arising out of or in connection with your order on Aurigamart Store.
8.2 Should the manufacturer or distributor of Aurigamart Products have issued warranty in respect of such Aurigamart Products, you hereby agree to refer solely to such manufacturer or distributor for any claims related to such warranties, and to indemnify, defend and hold Aurigamrt, and our officers, directors, employees, agents and suppliers, harmless against such claims.
8.3 Except to the extent required by any applicable law, Aurigamart will not be liable to any person for any loss or damage that may arise from the use of or reliance on any content or information displayed on Aurigamart Store.
8.4 Aurigamart will not be liable to you or any party for any damages, losses, expenses or costs whatsoever (including without limitation, any death, injury, or consequential damages, or economic loss or opportunity loss) arising out of or in connection with your order and/or purchase of Aurigamart Products, or reliance on any information, materials or online services provided at our Store, regardless of the form of action and even if Aurigamart had been advised as to the possibility of such damages. This exclusion clause shall take effect to the fullest extent permitted by law.
8.5 Aurigamart shall in no event be liable for any death, injury, direct, indirect, special, exemplary, incidental, consequential, or other indirect damages or costs of any kind suffered or incurred by you under any circumstance/s.
8.6 In any event, and notwithstanding anything contained in these terms & conditions, our maximum aggregate liability in contract, tort (including negligence or breach of the statutory duty) or otherwise arising out of or in connection with your order and/or purchase of Aurigamart Products shall be limited to the price of the Aurigamart Products ordered and/or purchased from our Store.
8.7 Notwithstanding the foregoing, nothing in the Terms of Sale (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.
- INTELLECTUAL PROPERTY
9.1 All content included in or made available through our Store, including but not limited to information, communications, software, graphics, images, videos and sounds (the “Materials”), including all copyright and any other proprietary rights, are property of Aurigamart, its content providers and/or third party licensors. All rights are reserved.
9.2 The Materials may not be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without prior written consent by Aurigamart. You are not, without prior written consent by Aurigamart, permitted to use any Materials in any form, including as a hyperlink, whether directly or indirectly, on any other server or website. Without prejudice to the foregoing, you agree that the Materials contained within or available through Aurigamart Store may not be used for commercial purposes or distributed commercially.
9.3 The trademarks, service marks, trade names and logos (“Trade Marks”) used or appearing on Aurigamart Store are property of Aurigamart, its affiliates or third party licensors. You are not permitted, without our prior written consent, use any Trade Marks in any form, including as a hyperlink to Aurigamart Store or any other website.
10.1 Aurigamrt Store may at times, include links to other websites. These links however, do not imply that Aurigamart endorse these websites. Aurigamart are not responsibile for the content of these websites. Aurigamart do not make any representation or warranty that these websites do not infringe intellectual property rights of any person. Aurigamart are not authorizing the reproduction of material found on these websites.
- DATA PROTECTION
11.1 Any personal data you transmit to us will be collected, used and/or disclosed in accordance with our Privacy Policies.
12.1 You agree fully to indemnify, defend and hold Aurigamart, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any (i) breach of the Terms of Sale, (ii) any liabilities arising out of the use of Aurigamart Store, and (iii) any violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content that you post or transmit on or via Aurigamart Store, either directly by you or indirectly by any other person using your account and/or your personal information.
13.1 A flat service fee of 5% per sale order is chargeable to the seller for every sales transaction.
13.2 DCH Auriga Singapore provides the Platform to Sellers and Purchasers to complete transactions. DCH Auriga Singapore is not involved in the actual transaction between Sellers and Purchasers of the Goods/Products. It is the responsibility of Sellers to ensure at its own risk that:
- The sale is legally authorized,
- The Goods/Products are accurately described and package as per law,
- The Goods/Products are properly shipped, insured, and warranty,
- All other sales and after-sale obligations are fulfilled in the accordance with applicable law,
- Seller communicates with Purchase directly on the sale of their Goods/Products, and
13.3 Seller authorizes DCH Auriga Singapore to act as its exclusive payment
processing agent of the purpose of:
- collecting the Sales Proceeds and in general any sums due or owing under the Agreement and holding the same;
- processing customer payments, refunds, and adjustments;
- remitting the Payment;
- paying DCH Auriga Singapore, to DCH Affiliates, and to third parties (including Purchasers) any amounts Seller owes to them.
As a payment processing agent, DCH Auriga Singapore will have no responsibility with respect to the legality of transactions occurring between Seller and Purchaser and Seller undertakes that all transactions are in compliance with the Laws (including anti-money-laundering regulations)
13.4 Service: The services (“Services”) provided by DCH Auriga Singapore under the
Agreement are classified as General Services (“General Services”) consisting in
- The listing and publishing of Content Materials regards the Goods/Products on the Platform;
- The offering for sale of the Goods/Product on behalf of Seller
- Limited Purchase care services
- Order verification
- Management of deliveries and returns
- Collection, reconciliation, and execution of all Sales Proceeds as a payment processing agent for Seller;
- Other services ancillary to the Services and if applicable, Additional Services that may be provided to the Seller by DCH Auriga Singapore or by third parties:
13.5 Fee: In consideration of the provision of Services, DCH Auriga Singapore shall be entitled to charge and invoice Seller the Fee.
13.6 Administrative Fee: DCH Auriga Singapore will be entitled to impose on Seller an Administrative fee and/or take any other measure, where it deems appropriate, in case of non-compliance by Seller with any undertaking stipulated herein.
13.7 Seller agrees that Purchasers satisfy their obligations to Seller as regards the Purchaser Agreement when DCH Auriga Singapore receives the Sales Proceeds. DCH Auriga Singapore’s obligation to remit funds received by it on Seller’s behalf is limited to the Payment.
13.8 DCH Auriga Singapore will provide to Seller information in relation to each Order as necessary under the Agreement.
13.9 Sellers agrees that DCH Auriga Singapore may provide Seller with electronics documents such as tax invoice, receipt, credit note, debit note, or any other document DCH Auriga Singapore may issue in compliance with the Laws.
- SALES PROCEED
14.1 Seller authorizes and agrees DCH Auriga Singapore to collect the Sale Proceed and in general any sums due or owing under these Terms.
14.2 Sales Proceeds will act as an unsecured claim against DCH Auriga Singapore. DCH Auriga Singapore may combine Sale Proceeds and Payments with funds of other users of its services. For the avoidance of doubt, Seller will not receive interest or any other earning on Sales Proceeds or Payments.
14.3 Unless otherwise agreed in writing, Payment will be made by DCH Auriga Singapore in accordance of scheduled date. Cut off is 9th and 24th of the month. Payment on 10th and 25th of the month.
14.4 DCH may suspend, delay or cancel any Payment in case Seller breaches any terms of the Agreement and any Payment made to Seller will not in any way be considered as a waiver of DCH Auriga Singapore’s rights
14.5 In any event, DCH Auriga Singapore confirms that Seller’s actions and/or performance in connection with Agreement is likely to result, or have resulted, in Purchaser disputes, Disputes, chargebacks or other third party claims, or if there are any sums owed by the seller to DCH Auriga Singapore may, at its sole discretion, withhold any Payment for longer of:
- the Minimum Suspension Period;
- the completion of any investigation regarding Seller’s actions or performance;
- the resolution of any Dispute
- Without prejudice to any other rights and remedies which DCH Auriga Singapore has against Seller, if any sums payable by Seller to DCH Auriga Singapore under the provisions of the Agreement shall become due and be unpaid, Seller shall pay to DCH Auriga Singapore the Late Payment Interest.To the extent required by the Laws, DCH Auriga Singapore will be entitled to withhold any and all taxes, duties, fee and other charges in connection with any Order, Payment or otherwise under the Agreement. If DCH Auriga Singapore is required under the Laws or law of any jurisdiction to deduct or withhold any sum as taxes imposed on or in respect of any amount due or payable to Seller, DCH Auriga Singapore will make such deduction or withholding as required and the amount payable to Seller will be reduced by any such amount necessary. DCH will provide seller a certificate or any similar document proving that amounts deducted refer to withholding taxes applicable to Seller.
14.7 Any inquiry or dispute about any Payment must be received by DCH Aurig Singapore within one hundred twenty (120) days after the Order date, failing which, seller waives the right to dispute such Payment. Any inquiry or dispute about any payment to seller shall comply the claims/dispute process or policy of DCH Auriga Singapore, which may be changed from time to time.
- OTHER TERMS
15.1 Any delay or failure to insist upon strict performance of any provision hereof shall not be deemed a waiver of Aurigamart’s rights and remedies. The invalidity of any provision of the terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions.
15.2 The Terms of Sale supersedes all prior representations, understandings, and agreements (if any) between you and Aurigamart.
15.3 Any term or condition, or part thereof, that is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining terms or conditions of the Terms of Sale, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such condition in any other jurisdiction.
15.4 Aurigamart shall not be liable to you for loss or damage resulting from delay or failure to perform our obligations under the terms of Sale, either in whole or in part, when the same is due to causes beyond our reasonable control, including but not limited to civil war, insurrections, strikes, riots, fires, floods, explosions, earthquakes, serious accidents or any acts of God, government regulations, epidemics, quarantine or labour trouble resulting in cessation, slowdown or interruption of work. In the event of the same, our obligations herein shall be extended for the periods of such circumstances only so far as they affect the performance of our obligations under the Terms of Sale.
15.5 The Terms of Sale, any right, obligation, and license granted herein may be assigned or transferred by Aurigamart to you without restriction, but may not be assigned or transferred by you.
15.6 Clauses 2, 3, 5, 8 , 9, 10, 11, 12, and 13 in the Terms of Sale shall survive expiration or termination of the Terms of Service.
15.7 Any person who is not a party to any agreement governed by these terms and conditions has no right to enforce any of the terms of such agreement.
15.8 The Terms of Sale shall be governed by and construed under the Laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore in relation to and/or in connection with the Terms of Sale.
Updated: 04 October, 2021