| BCI Asia Shop — Terms and Conditions of Online Sales |
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1. |
Application and effect |
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1.1. |
These Conditions shall govern the sale of the Products listed at the Online Store by BCI ASIA to the Buyer. |
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1.2. |
By ordering the Products and/or accepting delivery of the Products, the Buyer agrees to be bound by and accepts these Conditions. |
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2. |
Orders, price and payment |
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2.1. |
Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by BCI ASIA at the Online Shop, by placing an Order on the designated online form at the Online Shop and providing to BCI ASIA all necessary information as may be required by BCI ASIA. |
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2.2. |
All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by BCI ASIA. |
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2.3. |
BCI ASIA may accept an Order by: |
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2.3.1. |
telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity and Product(s) ordered by the Buyer; or |
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2.3.2. |
delivering the Product(s) ordered to the Buyer,and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by BCI ASIA), and such other terms and conditions as BCI ASIA may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by BCI ASIA in the manner set out in this Clause 3.3. Processing of Credit Card payment for an Order shall not in itself constitute acceptance of the Order by BCI ASIA, provided that where an Order is rejected by BCI ASIA, any payment made for such Order shall be reversed or refunded by BCI ASIA. |
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2.4. |
BCI ASIA shall be entitled to decline to accept or reject the Buyer's Order in whole or in part without assigning any reason |
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2.5. |
Unless otherwise agreed by BCI ASIA in writing, payment for the Products shall be made by the Buyer in full by Buyer's valid Credit Card before physical delivery of Products. Cash or personal cheques will not be accepted. |
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2.6. |
The Buyer shall bear all shipping, delivery and handling charges, customs, import duties and postal clearance, as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates. |
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2.7. |
All credit card payments are subject to the approval of the Credit Card Company and the relevant paying bank. BCI ASIA shall not be liable in any way if the Credit Card Company or the paying bank refuses to process or accept any Credit Card or Credit Card particulars for any reason. |
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2.8. |
The Buyer agrees to submit to BCI ASIA and its payment service provider such Credit Card and other personal and delivery information as may be reasonably requested by BCI ASIA, payment for the Order, and to arrange for delivery and invoicing. BCI ASIA shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that BCI ASIA shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider. |
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2.9. |
BCI ASIA reserves the right to exercise its lawful remedies if a dispute or issue arises over payment through Credit Card, or if it does not receive full payment for an Order. In particular, but without limitation, if the Credit Card Company or the paying bank rejects or reverses payment for an Order, BCI ASIA may in its discretion: |
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2.9.1. |
reject such Order, or suspend or cancel delivery of such Order; |
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2.9.2. |
repossess the Products if delivered; or |
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2.9.3. |
claim against the Buyer for the full price of the Order as a debt. |
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3. |
Order delivery and cancellation |
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3.1. |
Subject always to BCI ASIA' acceptance of the Order, BCI ASIA shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by BCI ASIA.
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3.2. |
Any shipment, delivery or collection dates provided by BCI ASIA are estimates only and shall not form part of the Contract. BCI ASIA shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should email BCI ASIA at: order@bciasia.com |
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3.3. |
BCI ASIA reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to change its prices or specifications of any Product |
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3.4. |
Once the Order has been accepted, no cancellation or refund will be permitted. |
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4. |
Applicable Law, Jurisdiction |
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This agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any interpretation of its content, claims or disputes (of whatever nature and not limited to contractual issues) shall be subject to the exclusive jurisdiction of the Singapore Courts. By using this service, you consent to the exclusive jurisdiction of the Singapore Courts. |
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5. |
General |
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The terms and conditions herein constitute the entire Agreement between the parties and supersede and replace all prior contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions without affecting the enforceability of the remaining provisions used in the terms and conditions. Headings are used in this Agreement for convenience only and are not to be relied upon. Our failure to exercise or forbearance exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of our right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by us must be made in writing and signed by an authorized representative of ours specifically referencing this Agreement and the provision to be waived. Unless otherwise expressly stated, this Agreement creates no agency, partnership, joint venture or employment and neither you nor your agents have any authority to bind us in any respect whatsoever. |
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