1. When you purchase any product (the "Product(s)") and/or handling, delivery, assembly and/or any other services (the "Service(s)") from CUSTO ("us" , "we" , "our" ) on custo.furniture (the "Website" ), you conclude a legally binding agreement with us based on these Terms of Purchase. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an "Order" .
4. You agree that we may modify these Terms of Purchase without liability and without prior notice to you. The modified Terms of Purchase will be posted on the Website, and will come into effect from the date of such posting. You are advised to check for updates to these Terms of Purchase regularly, prior to purchasing any Product(s) on the Website.
5. You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access the Website. You must comply with all the rules and regulations that apply to the means that you have used to access the Website (e.g. Internet access).
6. We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
7. All decisions and determinations made by us under these Terms of Purchase are final.
8. We may temporarily or permanently remove any Product(s) and/or Service(s) from the Website at any time, with or without notice to you.
9. All Products sold through the Website are intended for domestic and/or commercial use only; the Products are not suitable for industrial use unless expressly stated.
10. We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
11. When browsing the Website, the colours of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
12. Pictures and images on the Website are for illustration purposes only. For an accurate description of any Product and details of what is included with the Product, please read the Product description.
13. Unless otherwise stated, all Product prices shown on the Website are quoted in Singapore dollars and are inclusive of applicable taxes.
14. However, the Product prices are not inclusive of Service fees, any, which will be added to your total Order price.
15. We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.
16. When you place an Order, you represent and warrant to us that:
(a) you are above 18 years of age;
(b) if you are not above 18 years of age, you have obtained the consent of your parent or guardian to place the Order;
17. You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
18. Your Order counts as an offer to purchase the Product(s) and/or Service(s) from us, at the prices set out on the Delivery Notification email.
19. After placing your Order, you will receive an order confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total cost of the Order.
20. The Order confirmation email does not constitute our acceptance of your Order. Your Order is only accepted by us when we send to you the Delivery Notification email.
21. All delivery services are provided by our third-party service provider.
22. The delivery fees are based on the delivery of one Order to a single address within Singapore. Promotional delivery fees may apply at our discretion and may be withdrawn at any time before the Order is confirmed.
23. We will try our best to meet your chosen delivery date and timeslot, however there may be times where we are unable to do so, and when this happens, we will contact you to re-arrange the delivery date and timeslot.
24. You shall inform us of any delivery restrictions or difficulty in accessing your property when you place an Order, and ensure that the relevant permissions are obtained from the building/residential management prior to the scheduled delivery date. If we are unable to deliver on the confirmed delivery date and timeslot due to any difficulty in accessing your property, a re-attendance fee shall apply for the next delivery attempt. We are not obliged to complete the delivery of your Order prior to receiving payment of the re-attendance fee.
25. Our service providers are not obliged to wait for you to grant our service providers access to the property as they will have to fulfill other deliveries scheduled for the day. If they leave, any attempt at re-delivery shall be subject to a re-attendance fee.
26. On delivery, it is your responsibility to examine the Product(s), check the condition of the packaging and ensure that the correct number of packages has been delivered and you will be asked to sign the proof of delivery to confirm this. If there are any issues, you should detail this accordingly on the proof of delivery. Missing Product(s) will be re-ordered and damaged/incorrect Product(s) will be returned and replaced and delivered free of charge only if you highlight it on the point of delivery. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
27. Please make plans to be available to accept your delivery. If you are not available, there must be a person aged 18 years and above that is capable of receiving delivery on your behalf, and you agree that we can rely on such person's instructions as if they were your own. We are not obliged to verify that that person has been authorized by you to receive delivery of the Order. Our service providers are not permitted to leave any Product(s) that have not been signed for. In the event of an unsuccessful scheduled delivery, a re-attendance fee shall apply for the next delivery attempt.
28. In case there is no lift access, an access fee shall be applicable at $15 per level at the delivery address which is located in a building from the 2nd story onwards. Delivery where there is no lift access shall be available up to a maximum of 5 stories.
29. In the event of any unforeseen circumstances (such as lorry breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery date and timeslot.
30. Before the delivery, please ensure that there is sufficient access and space and that any staircases and lifts providing access are suitable for the delivery. Please move objects which could be damaged during the delivery, such as lights, vases, pictures etc and ensure there is sufficient space in the property for delivery and/or assembly.
31. Every effort will be made to deliver the Product(s) to your stipulated address, provided that it is safe and feasible to do so. If our service providers are of the view that it is unsafe to their personnel or to any other person delivering the Product(s) to the address or that any attempted delivery is likely to cause damage to the Product(s) or to the property at the stipulated address (including surrounding property), they will let you know and if you still decide to proceed with the delivery, we will not be liable for any damage caused to the Product(s) or any property.
32. Our service providers will not use any specialized lifting equipment and/or remove any fixtures at the stipulated address (e.g. doors, windows, doorframes etc.) in order to complete the delivery. If any of such equipment or removals is required, you must arrange these before the delivery takes place. Our service providers will not unpack or assemble delivered Product(s) or remove any packaging unless you have placed an Order for assembly services. If you are concerned about possible damage to the Property (e.g. flooring etc.) during the delivery, please make sure you cover the property (e.g. flooring etc.) with protective sheets.
33. We will not be responsible for any damage to your property if you fail to comply with this Delivery of Orders section.
34. All assembly services are provided by our team and/or third-party service provider.
35. Our assembly safety measures require that all free-standing furniture products that come with tip-over restraints must be secured to the wall to make your home a safer place.
36. Drilling fees will be applicable for Products that require wall-mounting. We will inform you of the applicable drilling fees when you contract us to request for this assembly services. Our team and/or service providers are not obliged to perform drilling service for products that are not purchased from us.
37. There will be a call-out fee if you decide to engage assembly services after delivery has been completed. The call-out fee applicable within Singapore is currently S$(65) per trip, and this fee is subject to change from time to time without prior notice to you. Assembly services will be charged separately at prevailing rates. We will inform you about the applicable call-out fee and the assembly fee when you contact us to request for assembly services.
38. For any changes and cancellation of Services for delivery, please contact us at +65 9810 6417. Changes and cancellation of services is allowed only until 3 days prior to the scheduled delivery appointment. Please note that a separate transport fee applies for adding assembly service. We will try our best to accommodate your requests. However, you understand that we may not always be able to do so, and this may happen in a variety of circumstances (e.g. your requested delivery dates and timeslots have all been taken etc.). When this happens, we will inform you accordingly and arrange another suitable delivery date and timeslot.
39. Please also note that any change and/or cancellation to the services and/or delivery date and/or timeslot may result in you incurring additional fees. We are not obliged to complete delivery of your Order or provide any additional services that you have requested prior to receiving payment of additional fees (if applicable).
40. All refunds will be processed within 15 days after confirmation of refundable sums.
41. For any changes and cancellation of orders for delivery, please contact us at +65 9810 6417. Changes and cancellation of orders is allowed only until 3 days prior to the scheduled delivery appointment. Any promotion codes that you have used under your Order will not be returned to you.
42. All refunds will be processed within 15 days after confirmation of refundable sums.
43. You can return any Product within 14 days of the date of your Order, provided that the product fulfills our returns criteria that may from time to time be imposed by us, and such returns criteria can be found here.
44. If we are of the view that the returned Product does not fulfil the returns criteria, we may refuse the return of the Product or instead offer an exchange or store credit.
45. We will only process your refund after we have received and inspected the returned Product. All refunds will be made through bank transfer to your preferred choice of bank account.
46. Service fees (if applicable) are not refundable, unless otherwise permitted by us.
47. You can contact us at +65 9810 6417 if you need our service providers to collect the Product from your address. You will need to provide us with your Order number, the details of the Product to be returned when you contact us. Collection fees are applicable, unless you are returning the Product to us as a result of a mistake committed by us, and we will advise you of such fees when we process your request. Upon receipt of the applicable collection fees, we will then arrange for our service providers to collect the Product from your address.
48. Our products are custom made, we therefor may charge 50% return and admin fees of the full sale price regardless of any discounts. We may change this percentage depending on a case by case basis.
48. All Product(s) are provided "as-is". We, our affiliates, and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product.
49. We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorised by us in writing;
(b) use of the Product in a manner that has not been authorised by us in writing, or in a manner that not in accordance with how the Product will be used by a reasonable person;
(c) disregard of any safety instructions or guidelines that we have prescribed; and/or
(d) failure to comply with these Terms of Purchase.
50. We will not be liable to you under contract, tort, and statute or otherwise for any:
(i) Indirect, consequential, collateral, special or incidental loss or damage;
(ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or
(iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Terms of Purchase or otherwise.
51. Any condition or warranty which may be implied or incorporated into these Terms of Purchase by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law.
52. Subject to the above and to satisfactory proof, our entire liability to you for a claim in connection with any Order shall be limited to the Order price.
53. Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.
54. Where you buy as a consumer, these Terms of Purchase will not affect your rights under law which cannot otherwise be excluded.
55. We will not be responsible for any delay or failure to comply with these Terms of Purchase if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
56. Unless otherwise provided herein, these Terms of Purchase embody all the terms and conditions agreed upon between us as to the sale and purchase of Product(s) and/or Service(s) described herein, and cancels all previous proposals, agreements, representations and undertakings, if any, between us with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination.
57. If you commit any breach of these Terms of Purchase and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Terms of Purchase.
58. In the event that one or more of the terms set out in these Terms of Purchase is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.
60. No person who is not a party to these Terms of Purchase shall be entitled to enforce or enjoy the benefit of these Terms of Purchase.
61. If you have a dispute with us, please attempt to resolve it with us informally by contacting us at +65 9810 6417 or [email protected].
62. These Terms of Purchase shall be governed by and construed in accordance with the laws of Singapore, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore.