We reserve the right and sole discretion to update and amend these Terms of Sale at any time, and we will upload the modified version on this webpage www.arrowcoffeecapsules.com.sg. You agree that it is your responsibility to regularly check our webpage for the latest Terms of Sale, and your order will be governed by the version of the Terms of Sale present on our webpage at the time when you submit your order.
- Registering an account
1.2 In the event that any of your particulars as entered into your account with us becomes inaccurate or changes, you agree that you will inform us promptly and/or access the available options in your account platform to update your information.
1.3 Access to your account is protected by the password that you create. You undertake to keep your password and login ID confidential and secure at all times.
1.4 You are fully responsible for your own account. Therefore you undertake to us that you will be fully responsible for any orders, transactions or other actions taken through your account, and we are entitled to rely and act on any instructions that we receive through your account without having to conduct any further verifications (notwithstanding our right to verify as set out in Section 5 below). Without limiting the generality of the a foregoing, you therefore agree to be fully responsible for paying for all prices, fees and charges that are incurred through your account.
1.5 In the event that you suspect that an unauthorised person might know your password, you must immediately change your password and also notify us.
- Terms of third party manufacturers and suppliers
2.1 Some of the products made available on sale via our Site are manufactured and supplied by third party manufacturers and suppliers (“Third Party Products”). As such, when you purchase these Third Party Products, the terms and conditions (if any) of these manufacturers and suppliers will also apply, including but not limited to warranties, disclaimers and instructions of use.
2.2 The products on sale via our Site may carry guidelines or restrictions whether imposed by us or the third party manufacturers, such guidelines or restrictions may include but is not limited to the suitability of the products only for a certain age group or for persons without certain food allergies. Please read such guidelines or restrictions carefully before you purchase any product as no request for refund (except pursuant to Section 8 below) will be entertained.
2.3 Warranties and/or after-sales service for certain products may be only applicable for certain countries. Please check the description of the products before purchasing to ensure that there is warranty and/or after-sales services available in your country if you are concerned about warranties and/or after-sales services.
2.4 Before you purchase any Third Party Products form our Site, you are encouraged to do your own checks (whether via the Third Party Products’ manufacturer’s website or other resources) on the specifications and suitability of such Third Party Products from our Site. Where you have purchased or leased a Third Party Products’ machine from our Site that comes with a manufacturer’s warranty, the warranty will be based on such terms and conditions as listed in the original product documents, and your warranty will be provided by the manufacturer itself, not the Company. All manufacturer’s warranties that may accompany any Third Party Products will be passed through to you. Therefore for any claims under such warranties, you will need to approach the manufacturer (or its duly appointed representative) as indicated in the product documents, and we will not be obligated to provide any assistance thereto. Except for the aforesaid manufacturer’s warranty, all other warranties express or implied are excluded to the fullest extent permitted under applicable laws, including but not limited to warranties pertaining to quality, merchantability and fitness for purpose (even if the Company has been advised in advance of such purpose).
2.5 In the event that you require troubleshooting, repair, servicing, maintenance and/or any other support services for the Third Party Products’ machine that you have purchased or leased through our Site, please contact the manufacturer and/or its support service department as stipulated in the product documents accompanying the said Third Party Products’ machine. Please note that our Company will not be able to assist in such support and repair services nor are we under any obligation to render any such services.
- / 4. Offer and Acceptance
3.1 The products as listed for sale on our Site constitutes an invitation to treat, and in the event that you place an order for any such products, your order shall constitute your offer to us to purchase such products. When we receive your order, we will make the necessary checks on availability of stocks, our ability to deliver the product to you, the estimated time-frame for delivery (although you agree that time is not of the essence), verify your personal details and seek payment pursuant to the payment details that you have provided to us.
3.2 When we accept your offer to purchase, we will send you a confirmation email (“Confirmation Email”), whereupon a valid contract will be automatically formed between you and our Company (“Sale Contract”). The aforesaid Sale Contract shall end once delivery of the purchased products has been made to the address indicated in the Confirmation Email.
3.3 In the event that any products which you ordered has not been confirmed in the Confirmation Email sent to you, such excluded products shall not form part of the Sale Contract. Upon our next Confirmation Email to you confirming our acceptance of your offer to purchase the previously excluded products, a separate Sale Contract will be formed. In the absence of a Confirmation Email from us, no Sale Contract shall be formed in relation to any ordered products.
3.4 By placing an order with us for any product, you represent and warrant that you are above eighteen (18) years of age, and if you are not, that you are placing an order with the authorisation of your parent or legal guardian. Our Company is entitled to rely on such representation, and is not required to conduct any checks on your actual age. Accordingly, a Sale Contract formed with you is valid, enforceable and binding against you and/or your parent/legal guardian, and you shall not be entitled to seek a refund or cancellation of the Sale Contract based on your age.
3.5 Our Company reserves the right not to accept your purchase order, and we do not need to convey the reasons of our non-acceptance to you (although generally, the usual reasons for our not accepting your purchase order would be related to inability to process payment, unavailability of product or inability to deliver to your requested address).
3.6 Capsules Only (recurring order) plans and Capsules + Machines plans (collectively ‘coffee plans) listed for sale on our website are subscription plan services consisting of an initial charge and then followed by recurring charges as agreed to by you. By entering into such a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (monthly or quarterly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorisation or change your payment method email email@example.com.
3.7 By subscribing to one of our Capsules Only (recurring order) plans you are agreeing to pay a recurring subscription for an indefinite period until cancelled by you or us. You can cancel your subscription at any time and you will not be charged for any cancellation.
3.8 By subscribing to one of our Capsules + Machine plans you are agreeing to pay a recurring subscription amount until the end of the minimum subscription term (either 12 or 24 months) as selected by you during the order process on our website. Premature termination by Subscriber prior to the end of the Subscription Period must be pursuant to the provisions of Section 8 below.
3.9 For all subscriptions you can re subscripe at any time following your cancellation, but we reserve the right not to permit re subscripe where we have previously elected to terminate a subscription by you.
4.0 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
4.1 At any time without prior notice, we may correct any errors or omissions and change information on the Site. If the information presented is erroneous, incomplete or outdated we may refuse your orders which were based on erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms.
If we detect a price error, we endeavour to notify you as soon as possible. This may occur prior to dispatch of products. You have the option of either reconfirming your order at the correct price or cancelling your order. If you cannot be contacted, We will deem the order as cancelled. You will be entitled to a full refund, if you have already paid for the products and choose to cancel your order.
- PROMOTIONS AND QUANTITY RESTRICTION
4.1 Products on our Site are available only in limited quantities and may be subject to minimum and/or maximum order quantity requirements. In particular, for certain promotions, and for certain products, there may be a restriction on the number of units that you can order for some of our products. In which case, should you order more than the permitted maximum quantity, the exceeded quantity shall be cancelled automatically and no Sale Contract shall be formed in relation to such exceeded quantity.
4.2 Should you sincerely wish to purchase more units than the stipulated maximum quantity, or if you would like to become a re-seller, please email us at firstname.lastname@example.org.
4.3 During our promotions, there may be some caveats, disclaimers, exclusions, restrictions and other terms and conditions that will apply to orders made during such promotions. Please read carefully the terms and conditions accompanying such promotions before you place an order pursuant to the promotion.
4.4 If you intend to use a discount voucher or promotional code for any purchase order, you must key in such discount voucher or promotional code at the same time that you are placing your order, otherwise we will not be able to provide you with the discount, and no reimbursements or refunds will be given in relation thereto. Should you encounter any difficulty in applying a discount voucher or promotional code, please email us at arrowcoffeecapsules.com/au and allow us to resolve the issue before placing an order as we cannot retrospectively apply the discount for you once an order has been placed.
5.1 In order to confirm your purchase order, our Company needs to be able to process payment. Accordingly, you must provide to us all relevant details in relation to your payment mode, and you are deemed to have provided your consent to our Company to use, disclose and transfer to the relevant third parties (including but not limited to online payment solutions providers, payment gateways, banks and credit card associations, whether in Singapore or overseas) your payment details so that our Company is able to collect payment for your purchase. For the avoidance of doubt, the third parties outside of Australia to whom your payment details may be transferred to are subject to obligations (whether contractually or legislatively) of confidentiality and data protection similar to the requirements of the Data Protection Act 2012
5.2 Full payment of purchase price by you is an obligation under the Sale Contract. As such, if for any reason after our Confirmation Email has been sent to you, our Company is unable to receive full payment (regardless of reasons) from you via your selected payment mode, we shall not be obliged to deliver your ordered products, the Sale Contract shall be automatically terminated and our Company shall have no further obligations towards you nor are you entitled to make any claims whatsoever against our Company.
5.3 In the event that after our Confirmation Email has been sent to you, our Company discovers that it is unable to fulfil your purchase order for any reason (including but not limited to unavailability of the ordered product or inability to deliver), our Company will notify you accordingly and reverse any payment that it has collected from you. Thereafter, the Sale Contract shall be automatically terminated and our Company shall have no further obligations towards you nor are you entitled to make any claims whatsoever against our Company.
5.4 Our Company accepts payment only in Australian Dollars (AUD). Your bank or credit card provider will automatically apply the prevailing current exchange rate to the payment that you are making for your purchase, and may also charge you administration costs. Please contact your bank or credit card provider before making a purchase if you are concerned or unaware about such administrative charges.
6.1 To minimize online frauds, we have the right (but not the obligation) to conduct verification checks at any time on purchase orders that we receive from you. Our checks may be conducted by calling you on the telephone, and/or emailing you for further verification before confirming your order. We may also engage the services of credit bureaus, credit rating agencies, and fraud prevention companies, with whom we may share certain details regarding your identity, your selected payment mode, your payment information and other relevant information for the sole purpose of detecting and preventing fraudulent use of your payment cards.
7.1 Delivery charges will apply as following:
Australia: SGD 8.50 for Capsules Only – Weekend (both one time and recurring orders), SGD 6.00 for Capsules Only – Regular (both one time and recurring orders) and free for all other coffee capsules plan chosen.
Charges to other countries will depend on the country of delivery. We may not be able to deliver to all countries. Please email us at email@example.com for further details on our delivery charges and locations that we deliver to outside Australia.
7.2 Legal title and ownership in the products ordered by you remains with us until we have received full payment from you. Once we have received full payment of the ordered products and the ordered products are delivered at your address, full title and risk in the products shall pass to you.
7.3 Unless you satisfy the requirements for a full refund under clause 8.2 below, there shall be no refund of any delivery and insurance charges that you have paid.
7.4 Our products are in Australia and will therefore be delivered from Australia. In the event that you require delivery outside of Australia, you may be required to pay additional import or export customs, levies, duties or taxes (“Taxes”). You agree that you shall be fully responsible to pay for all such Taxes and our Company shall not be howsoever whatsoever liable to you in the event that you are unable to receive your purchased products due to non-payment of the Taxes.
7.5 In the event that your purchased products are detained by the regulatory authorities in your country for inspection or pending payment by you of any applicable Taxes, our Company shall have no liability whatsoever thereto, and you agree that it is your own responsibility to liaise with the regulatory authorities and make such payments as is necessary for you to receive your purchased products.
7.6 When placing your order, you must ensure that your delivery address is entered accurately and with all complete details required for a delivery to be made to your address. Our Company is not howsoever responsible for any non-receipt of the products due to any error or omissions in your entered delivery address.
7.7 Our Company is not aware of the restrictions that your country may have in relation to imported items. You therefore agree to be fully responsible for checking with your customs import regulatory authorities before placing an order with us, and our Company is not howsoever whatsoever responsible in the event that you are unable to receive your purchases due to the import restrictions applicable in your country or if you face any sanctions or penalties from your regulatory authorities due to your purchase.
7.8 You will be required to sign off acknowledging receipt when receiving the products. In the event that you are unable to accept delivery, the delivery service provider may either call you, leave a SMS or a card informing you of the failed delivery and requesting collection at the nearest Australia Post Office or your instructions on re- delivery or collection from the delivery service provider. For delivery outside Australia redelivery charges will depend on the regarding country. Please email us at firstname.lastname@example.org for further details on our (re)delivery charges and locations that we deliver to outside Australia.
7.9 In the event that you do not accept delivery within two (2) weeks, whether due to your unavailability or wilful refusal to accept delivery or otherwise, your purchased products will be sent back to our Company, and we may in our sole discretion opt to:-
(i) charge you for re-delivery, storage, administrative and other costs incurred by us; or
(ii) terminate your Sale Contract immediately by emailing you, thereafter we shall not be obligated to re-deliver the products to you, and we will refund to you the purchase price that you have paid after deduction of re-delivery, storage, administrative and other costs incurred by us.
For the avoidance of doubt, our Company’s exercise of the above remedies does not affect any other right or remedy available to our Company whether at law or in equity.
8.1 For Capsules Only plans you may cancel your plan/subscription anytime. Your cancellation request should be received 5 working days before the next delivery to ensure that the cancellation is processed prior to the next delivery. The next delivery will always be on the same day in accordance with the arrival of the first box of coffee capsules received.
8.2 To cancel your Capsules Only plan/subscription, you must email email@example.com, call +61 3 9010 5612 or click the cancel button in your online customer account.
8.3 For Capsules + Machine plan/subscription a one month notice and a machine recovery fee + administration fee shall apply for cancellation/termination or downgrade of ‘Coffee + Machine’ plan before the subscription expires.
8.4 Following prices (recovery fees) are payable upon downgrade/cancellation of standard service plan:
12 month plan/subscription: COMING SOON
24 month plan/subscription: COMING SOON
- RETURNS AND REFUNDS
9.1 We will, at our discretion, accept returns or exchange of goods (excluding coffee and other consumables). Only if:
- a) the product is damaged before receipt; or
- b) there is a discrepancy between ordering and delivery, and provided always that such product is still in its original package, original tags attached, accompanying documents and manuals, in good condition and subject to any other terms and conditions that our Company may impose for allowing you the privilege of a refund or exchange.
9.2 No refund will be given for consumables (e.g. coffee).
9.3 To claim for an exchange or refund for a defective product, please email us at firstname.lastname@example.org within seven (7) calendar days of your receipt of the defective product, attaching your proof of purchase/receipt, a photograph showing the defect and describing to us the defect. Our Company may request for further information from you, after which, if our Company is satisfied that the product was already defective before being delivered to you, you will need to return the defective product to our Company at your cost, and our Company shall in its sole determination either refund you the full purchase price and delivery charge or deliver a substitute product to you. You further agree that in order for our Company to refund or replace the defective product as per the a foregoing, you must return the defective product with its complete packaging, accompanying documents, manuals, labels and tags, in the same condition that you received it, therefore you agree to be careful when opening the package that you receive.
9.3 On case by case basis, where our Company agrees to refund or exchange products that you find unsatisfactory or were damaged while in transit, you must return such products to us in their original packaging, original tags attached, accompanying documents and manuals, in good condition and subject to any other terms and conditions that our Company may impose for allowing you the privilege of a refund or exchange. Where you have failed to take reasonable care of the goods, whether whilst in your possession or when returning them, any refund agreed to by the Company shall be less any amounts due by way of compensation to either repair the goods or to cover any loss. In no event shall any discretionary refund or exchange agreed to by our Company pursuant to this clause 8.3 include any refund for delivery charges. For the avoidance of doubt, our Company is not in any way obligated to entertain any requests for refund or exchange except where the products are defective.
9.4 Where a refund is permitted by our Company pursuant to this Section 8, in the event that you purchased the product at a promotional or discounted price, the refund will be for the discounted price only.
10.1 All products (including Third Party Products) made available on our Site are provided “AS IS”. We make no warranties of any kind in relation to our products, whether expressed or implied, including but not limited to warranties of merchantability, fitness for use, quality, quantity, taste, sufficiency, suitability, results, or fitness for a particular purpose even if we have been informed in advance of such purpose. It is your responsibility to ensure that the products you purchase are appropriate for you, suit your purposes and meet your individual requirements. We do not warrant that the products you purchase will meet your individual requirements, taste expectations, food sensitivities, or medical conditions, nor do we do we make any guarantees on the results of the usage of any of our products and/or your bodily reactions thereto, regardless of the description and/or reviews by other customers displayed on our Site. You further acknowledge and agree that the products we sell on our Site are standard, generic, meant for the masses, and not specifically tailored or made bespoke to fit any particular requirements (including any dietary requirements) that you may have (even if you have informed us beforehand of any particular requirements). Accordingly, you agree that you will not howsoever hold us liable whatsoever for any medical conditions or injuries or allergies or other health issues that may occur due to your use or consumption of our products.
10.2 To the fullest extent permitted at law, our Company hereby fully excludes all liability in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions in this Terms of Sale for any injuries, medical conditions, allergies, economic loss (including without limitation medical fees, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, and any special or indirect losses or consequential losses suffered or incurred arising out of or in connection with any subject-matter arising out of any provision of this Terms of Sale and/or our performance of our obligations hereunder this Terms of Sale.
10.3 You acknowledge that the products displayed on the Arrow Coffee Site are indicative only. In particular, Images have been provided for illustrative purposes only. Arrow Coffee shall not be liable in case of errors or omissions in the photographs or texts displayed on the Site.
10.3 In the event that our Company’s liability cannot be fully excluded pursuant to clause 9.2 above, you agree that our Company’s total liability to you for all claims in relation to the products you purchased and any claim howsoever arising in relation to any provision in this Terms of Sale, shall be limited to a refund of the payment (purchase price) that you have paid to our Company for the purchased products from whence your claim arose. This clause 9.3 shall be your sole and exclusive remedy for any claim howsoever arising from this Terms of Sale, including but not limited to a claim based on the performance, non-performance, delayed performance, omissions in relation to our Company’s obligations hereunder this Terms of Sale.
10.4 For international deliveries to countries other than those where Arrow Coffee originates its shipments, Arrow Coffee shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
- FORCE MAJEURE
11.1 You agree that our Company will not be held responsible for any delay or failure to comply with our obligations hereunder this Terms of Sale if the delay or failure arises from any cause that is beyond our reasonable control, such as natural catastrophes, riots, civil unrest, strikes, disease, pestilence, floods, earthquakes, fire and other unforeseeable/uncontrollable events.
11.2 In the event of delay, Arrow Coffee will perform its obligations as soon as reasonable possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
- GOVERNING LAW AND JURISDICTION
12.1 Both Parties agree that this Terms of Sale and all provisions herein shall be governed by and construed in accordance with the laws of Singapore without regard to any conflict of laws principles. Accordingly, both Parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.
- GENERAL PROVISIONS
13.1 Assignment: You may not be assigned any of your rights or obligations hereunder this Terms of Sale in whole or in part to any third party without the prior written consent of our Company.
13.2 Invalid Provisions: If any provision of this Terms of Sale becomes or is declared illegal, invalid, void, voidable or unenforceable, such provision shall be deemed severable and divisible from this Agreement and will be deemed to be deleted from this Terms of Sale and where possible, replaced by a provision that comes closest to such unenforceable or voidable provision in language and intent, without being illegal, invalid, void, voidable or unenforceable. The headings used in this Terms of Sale have been inserted for convenience of reference only and do not define or limit the provisions hereof.
13.3 Waiver: The failure or delay of our Company at any time or times to require your performance of any provision hereof shall not be constituted as a waiver thereof and shall in no manner affect our Company’s rights at a later time to enforce the same.
13.4 No Partnership: Nothing in this Terms of Sale shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and our Company.
13.5 No Third Party Beneficiaries: Save for you and our Company, none of the provisions of this Terms of Sale shall be for the benefit of or enforceable by any other third party. No such third party shall obtain any right under any provision of this Terms of Sale or shall by reasons of any such provision make any claim in respect of any debt, liability or obligation (or otherwise) against either you or our Company hereto.
13.6 Notices: Any notice or written communication provided for in this Terms of Sale shall be sent via registered post, courier, normal post, or email transmission to the last known (or last communicated with) address of the other party, and in the absence of any notice of non-receipt, all communications sent via email transmission shall be deemed to have been received within the same day of sending, for communication sent via courier and normal post the communication shall be deemed as received on the next day immediately following the date of sending, and for registered mail, the communication shall be deemed as received 3 working days after the date of sending. For the avoidance of doubt, any emails sent by our Company to your email address as registered in our account with us shall be deemed sufficient notice given pursuant to this Clause 12.6 unless we receive notification of unsuccessful transmission of our email.