These Terms and Conditions govern your purchase of Goods from Mobile 8. "Mobile 8" through its online storefront at http://www.mobile8.com.sg/ (the "Mobile 8 Online Store"). By using the Mobile 8 Web site, Mobile 8 Online Store, you AGREE to be bound by its CONDITIONS OF USE (set out below), LEGAL POLICY, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Mobile 8 Online Store site. Mobile 8 reserves the right to amend any terms and conditions without prior notice.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
Definitions
In these terms and conditions, "we" and "us" means Mobile 8 and "you" means the person, firm or corporation purchasing the Goods indicated in your Sales Order. Unless the context requires otherwise, words spelt with initial capitalized letters are defined terms and shall bear the meanings set out in these terms and conditions. Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa.
1 Payment
1.1 Sales Order
All Sales Orders submitted to Mobile 8 through the online Store are subject to our acceptance. Sales Order acceptance and the completion of the contract between you and Mobile 8 will take place on the dispatch to you of the purchased Goods, and until that time we reserve the right to reject your Sales Order. Mobile 8 shall be entitled to cancel or terminate the obligations to fulfil any Sales Order, for any reason whatsoever, even after a Sales Order is confirmed by, and paid for by the customer, with or without notice and we shall not be liable to any party for such termination or cancellation. In such event, we shall refund to the customer the price of the Goods purchased.
1.2 Payment Terms
Unless otherwise stated, all Prices quoted are inclusive of goods and services tax.
1.3 Payment Processing
Payment via VISA®, MASTERCARD® credit card through the Paypal channel are accepted at our Online Store, Internet transfer via OCBC or DBS Bank are also accepted. Please refer to the final payment page for Bank Details.
1.4 GST (Goods and Services Tax)
Our Online Store purchase will include GST.
1.5 Price
Mobile 8 endeavours to offer you competitive prices on all current products. Mobile 8 reserves the right to change prices for the products displayed at the Online Store at any time.
2 Errors on Website
Prices and availability of Goods are subject to change without notice. Errors will be corrected when discovered, and Mobile 8 reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your Sales Order is cancelled, Challenger will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the terms set out in "Cancellations, Exchanges and Returns" below.
3 Delivery & Collection Conditions
3.1 Delivery
If you choose for the Goods to be delivered to you, delivery charges on per Sales Order will be charged for delivery and added to the price of your Goods and reflected in your Sales Order. All Goods purchased from us will only be delivered to addresses within Singapore Main Island and Sentosa Island only (Exclude Restricted Area, eg; Government Facility & World Resort Sentosa).
Please email us should you need your orders delivered worldwide (additional shipping charges to be borne by customers)
Delivery will be made within 3-5 days after your order has been processed.
3.2 Self-collection
If you choose for the Goods to be collected from selected Mobile 8 retai store, please bring along these items at the time of collection:
Goods must be collected within 14 days from the date on which the Goods are ready for collection.
4 Cancellations, Exchanges & Returns
4.1 Sales Cancellation
Mobile 8 reserves the right to refund you the Price of any Goods which has been paid and received by us, even after the relevant Sales Order is confirmed and payment has been received by us, in lieu of delivery or supply of such Goods.
4.2 Exchange / Return Policy
In accordance with the Consumer Protection (Fair Trading) Act, Mobile 8 reserves the right to prove (or, if the breach appears more than 6 months after delivery, require you to disprove) that the product was of satisfactory quality and otherwise complied with the terms of purchase at the time of delivery.
5 Title; Risk of Loss
Title to, and risk of loss of or damage to, Goods purchased shall pass to you upon delivery of the purchased Goods to you.
6 Product Warranty
With respect to Mobile 8 branded Goods, we make no warranties except those stated in the Mobile 8 invoice supplied with your Goods. Such warranty does not cover software purchased hereunder. You hereby agree to refer to the relevant software license for the warranties which apply to your software.
With respect to non-Mobile 8 branded Goods, such Goods are supplied and sold on an "as is where is" basis, unless the manufacturer, or supplier, of such Goods has issued a warranty in respect of such Goods, in which case such Goods are supplied and sold with the warranties issued and granted by the manufacturer, or supplier, of such Goods only. You hereby agree to look solely to such manufacturer, or supplier, for any claims related to such warranties.
7 Limitation of Liability
These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Goods and performance of any services in relation thereto and there are no other warranties, conditions or terms that are binding on us except as expressly stated herein. Any warranty, condition or term concerning the Goods which might otherwise be implied or incorporated in these terms and conditions by statute, common law or otherwise is hereby expressly excluded. Notwithstanding the foregoing, nothing in these terms and conditions (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.
Subject to the foregoing, we shall not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability hereunder whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the price of the Goods paid by you to us.
8 Product Display/Colours
Mobile 8 attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or furnishings included in the product image, they are used purely for illustration purposes and will not be included in the final sale of the product.
9 Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or any other matter. Mobile 8 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mobile 8 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mobile 8 and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mobile 8 for all claims resulting (whether directly or indirectly) from content you supply. Mobile 8 has the right but not the obligation to monitor and edit or remove any activity or content. Mobile 8 takes no responsibility and assumes no liability for any content posted by you or any third party.
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us at sales@mobile8.com.sg.
10 Variation
We reserve the right to amend, vary and change these terms and conditions at our discretion at any time without any notice to you. Each time you use the Mobile 8 Online Store, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Mobile 8 Online Store, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Mobile 8 Online Store. Your continued use of the Mobile 8 Online Store and submitting of any Sales Order or other request to us shall be construed as your acceptance of any such amendments, variations and changes to these terms and conditions.
11 Disclaimers
By using the Mobile 8 Online Store, you expressly agree that use of the Mobile 8 Online Store is at your sole risk. The Mobile 8 Online Store is provided on an "AS IS" and "as available" basis. Neither Mobile 8 nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Mobile 8 Online Store will be uninterrupted or error-free. Neither Mobile 8 nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Online Store or the products or services offered for sale on the Online Store. Further, Mobile 8 Online Store makes no representation that content provided on the Mobile 8 Online Store is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. Mobile 8 Online Store and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Mobile 8 Online Store or its Associates shall create a warranty.
Under no circumstances shall Mobile 8 or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Mobile 8 Online Store, including but not limited to reliance by you on any information obtained from the Mobile 8 Online Store that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Mobile 8 has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Mobile 8 Online Store.
12 Entire Agreements
These terms and conditions together with your Sales Order constitute the entire agreement between us and you in relation to your purchase of the Goods and supersede any and all statements or other agreements (oral or written) between you and us.
13 Termination of Use
Mobile 8 may, in its sole discretion, terminate your account or your use of the Mobile 8 Online Store at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination.Mobile 8 reserve the right to change, suspend or discontinue all or any aspects of the Mobile 8 Online Store at any time without prior notice.
14 Contracts (Rights of Third Parties) Act (Cap. 53B)
A person who is not a party these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.
15 Governing Law
These terms and conditions shall be governed by the law of Singapore. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.
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