Terms & Conditions
This agreement applies as between you, the User of this Web Site and Homaeri, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers buying Goods in the course of business.
If Goods are being ordered from outside Homaeri’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Homaeri is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Homaeri cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Subject to the exceptions in the “Third Party Intellectual Property” section of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Homaeri, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by Singaporean & International intellectual property and other laws.
Subject to our “Fair Use of Intellectual Property” section, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Homaeri.
THIRD PARTY INTELLECTUAL PROPERTY
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to our “Fair Use of Intellectual Property” section you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
FAIR USE OF INTELLECTUAL PROPERTY
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Homaeri or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
USE OF COMMUNICATIONS FACILITIES
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of Homaeri or our affiliates; and
- You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
- You acknowledge that Homaeri reserves the right to monitor any and all communications made to us or using our System.
In order to purchase Goods on this Web Site you can create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Homaeri accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact Homaeri immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Homaeri accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing your username you are required to adhere to the terms set out above in our “Use of Communicative Facilities” section. Any failure to do so could result in the suspension and/or deletion of your Account.
TERMINATION AND CANCELLATION
- Either Homaeri or you may terminate your Account. If Homaeri terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If Homaeri terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- Homaeri reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
GOODS, PRICING AND AVAILABILITY
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Homaeri correspond to the actual Goods, Homaeri is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to “Returns Policy” Section for incorrect Goods.
Where appropriate, you may be required to select required specifications of the Goods that you are purchasing (e.g. size, model, colour, quantity, etc.).
Homaeri does not represent or warrant that such Goods will be available. Stock indications are provided on the Web Site, however these may not take into account sales that have taken place during your visit to the website.
All pricing information on the Web Site is correct at the time of going online. Homaeri reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every seven days.
In the event that prices are changed during the period between an order being placed for Goods and Homaeri processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
Homaeri will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
If Homaeri receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Homaeri aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days to arrange returns. Homaeri is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
If any Goods you have purchased have faults when they are delivered to you, you should contact Homaeri within 14 days to arrange returns. Homaeri is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
Homaeri also considers certain Goods, such as mugs and cups, as personal items and will not accept returns on personal items. Some Goods, such as mugs and cups are handmade / hand-painted and as such, will have slight variations between the product pictures and the actual product received. Such variations are not considered as defects and cannot be used as grounds for refunds or returns.
Homaeri is not responsible for any Goods are damaged in transit and if the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. You may report such damage to Homaeri within 14 days to arrange insurance claims from Delivery Company.
If you wish to return Goods to Homaeri for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
Homaeri reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the Goods;
- Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
- The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
- Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
Homaeri makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
Homaeri reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Homaeri is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, Homaeri accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
LAW AND JURISDICTION
These terms and conditions and the relationship between you and Homaeri shall be governed by and construed in accordance with the Law of Singapore and Homaeri and you agree to submit to the exclusive jurisdiction of the Courts of Singapore.