Introduction
These Terms and Conditions (“Terms”) apply to any orders and purchases made on this website (“Website”).
TOSS reserves the right to amend/update the Terms at its sole discretion by updating this page.
Personal Data Protection Act 2012
In connection with the Personal Data Protection Act 2012 (PDPA), you agree that TOSS may collect, use, process, disclose, and/or transfer your personal data for the purposes of administering, maintaining and terminating your account, membership and participation in this Website and keeping you informed of updates, changes and developments relating to this Website, the scope of which may include but is not limited to:
a. administering and maintaining your account with TOSS, including administering any benefits and entitlements;
b. unless you notify TOSS that you do not wish to receive such information, sending you information from time to time through e-mail and post about products and services, promotions and special offers, upcoming events and other information which may be of interest to you;
c. customer profiling, market analysis and research purposes to improve TOSS’ product and service offerings to you;
d. notifying you about important changes to the Terms and/or your account and membership;
e. responding to queries or feedback from you;
f. enforcing these Terms and TOSS’ legal rights and remedies; and/or
g. for such other purposes as permitted by applicable law or with your consent.
In compliance with the PDPA, TOSS will not send marketing messages to Singapore telephone or facsimile numbers belonging to you unless you have given TOSS clear and unambiguous consent to do so. If you have previously given TOSS consent, TOSS will continue to send you marketing messages until you advise TOSS in writing that you wish to withdraw the consent.
By using the Website (including but not limited to purchasing products and/or registering for an account), you agree that TOSS may send email marketing messages to you. If you wish to unsubscribe from such emails, please contact TOSS.
Intellectual Property
You acknowledge that the Website contains information, data, software, photographs, graphics, typefaces, music, sounds and other material (collectively “content”) that are protected by copyrights, trademarks, database and other intellectual property rights owned by TOSS.
You may not modify, reproduce, copy or distribute any of the content on the Website for commercial purposes without TOSS’ prior consent.
Use of the Website
You may not use the Website for any of the following purposes:
a. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
b. transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
c. gaining unauthorised access to other computer systems;
d. interfering with any other person’s use of the Website;
e. interfering or disrupting networks or websites connected to the Website; and/or
f. making, transmitting or storing electronic copies of materials protected by copyright without the permission of TOSS.
Website Availability
Whilst all attempts will be made to ensure the Website is available all the time, occasionally the Website may undergo repairs, maintenance or the introduction of new services. Accordingly, TOSS makes no representation or warranty regarding the availability of the Website.
Pricing and Product Information
Whilst every effort is made to fulfil orders in terms of price, details and size through the Website, TOSS expressly reserves the right to vary the price and other details of the products without notice. As much as TOSS tries to reflect the actual product size, details and price, TOSS will not be liable for any difference, discrepancy and/or inconsistency with the actual product.
In the event of any price difference(s) between the online bill and the final bill whether arising from substitutions, price changes, special prices, mislabelling or mispricing etc, TOSS reserves the right to adjust the final bill after the online bill is presented/conveyed to you and such adjustment shall be final.
TOSS has made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on (amongst others) your monitor, we cannot guarantee that the display of any colour will be accurate.
TOSS shall not be liable to any customer/person for any loss, damage incurred or inconvenience suffered in the event TOSS declines to fulfil an order for whatever reason including but not limited to an unforeseen circumstance (e.g. lack of availability, quantity or specification etc) as the case may be.
Product Unavailability
In situations of stock unavailability, TOSS reserves the right to proceed with the rest of the order (if any) accordingly.
Exchange, Return and/or Refund
Should there be any issue, defect and/or discrepancy in the product(s) received, kindly let us know and provide full details. All issues must be reported within 2 working days of receiving the product(s).
Payment
Payment information is transmitted through PayPal. Once the payment mode has been selected and the order has been submitted, it will not be possible to make any changes for the payment mode.
TOSS reserves the right to change the mode(s) and/or method(s) of payment for its products at any time by announcement via the Website, emails and any other means of public communications.
Links
TOSS is not responsible for content of any other websites outside the Website. In addition, a link to another website does not mean that TOSS endorses or accepts any responsibility for the content displayed on such other website.
Warranties
TOSS expressly excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the product(s) supplied to the fullest extent permitted by law.
No agent or representative of TOSS is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the product(s) supplied.
Limitation of Liabilities
TOSS shall not liable for any consequential, indirect or special damages or loss of whatever descriptions. To the extent that TOSS is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in and/or non-compliance of the product(s) or any other breach of TOSS’ obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the product(s) purchased.
Both TOSS and the delivery company will not be held responsible for any damages to and/or loss of the product(s) after delivery. You shall not use the product(s) in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the product(s). You expressly agree that TOSS assumes no obligation or liability for any advice or information given with the product(s) and TOSS assumes no responsibility for any inaccuracy or misstatement of any such information. You assume all risks connected with the use, care and/or storage of the product(s).
You expressly acknowledge and agree that you assume all risk in connection with the use of the Website. TOSS shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the Website. Without limiting the foregoing:
The Website and all information contained herein is provided on an “as is” basis without any implied or express warranty including any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on the Website, you may wish to confirm the facts that are important to your decision making. Product information on the Website may be different from actual information on the products for a variety of reasons (including but not limited to updates and/or changes). TOSS reserves the right to change or update information on any product on the Website at any time without prior notice.
To the fullest extent permitted by law, TOSS shall not be liable for any error or omission in the content of the Website including any damage or injury arising out of or in connection with any access or use of the Website whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.
TOSS shall not be liable to any customer for any financial loss arising out of any refusal, cancellation or withdrawal of any order for any reason.
Promotional Codes
Promotional codes are valid for a limited or specified period only and TOSS reserves the right to modify, cancel or discontinue them at any time on the Website, without any prior notice. Promotional codes are not transferable and not redeemable for cash. Each promotional code has its own qualifying terms. Promotional codes are void where prohibited by law. All offers are subject to availability and while stocks last.
Governing Law and Jurisdiction
These Terms shall be construed in accordance with the applicable laws of Singapore. You and TOSS irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.
Termination
If you violate any of these Terms, your permission to use the Website may be suspended or revoked, and TOSS reserves the right to suspend or terminate your access to, and use of, the Website at any time.
Miscellaneous
TOSS cannot be held responsible for any inaccuracy or omission. TOSS will use reasonable endeavours to fulfil orders placed. In the event that an ordered product is not available, TOSS reserves the right not to replace it with a similar item of equivalent value.
Customers are to check the item purchased at the time of acceptance to avoid any possible dispute.