Terms & Conditions
1. Ownership and Site Contents
1.1. www.pohseng.com is a website owned and operated by or on behalf of Poh Seng Jewellers Pte Ltd.
1.2. The contents of the website is intended solely for personal and non-commercial (other than to purchase products from the website) use by the users of the website.
1.3. By accessing, browsing or using the webpages, you agree to these Terms and Conditions and to comply with all applicable and existing laws and regulations.
2. Access from outside Singapore
If you access our website while outside of Singapore, you may be subject to the laws of the country where you are located relating to the use of and/or trading on a website originating from Singapore. You should ensure that you are entitled to access, use and transact on our website before doing so. We do not undertake any responsibility of ensuring that you and our website are in compliance with such laws when you access or use our website.
3. Warranties and Undertakings from You
By accessing and/or using this website and/or placing an order through the website, you represent, undertake and warrant that:
3.1. You are legally capable of entering into contracts; and
3.2. You are not accessing, using or trading on this website for any unlawful purposes and the purchase of the product(s) through the website will not breach any anti-money laundering and/or countering of terrorism financing (“AML / CFT”) laws in Singapore or in the country where you are located.
4. Intellectual Property
4.1. All content, names, marks, designs and all intellectual property found on this website and its corresponding weblinks, including text, images, graphics, illustrations, logos, icons, audio and video clips belong solely to Poh Seng Jewellers Pte Ltd or its licensors. You agree not to use, replicate, reproduce, distribute, publish, edit, derive any works from and/or commercially exploit any of the content found on the website for commercial and/or personal gains.
4.2. Poh Seng Jewellers Pte Ltd retains all rights regarding their trademarks, trade names and brand names in this website and elsewhere. Access and use of this website, whether to purchase products or otherwise, shall not be construed as a grant of licence or permission or the right to use any of our trademarks, trade names or brand names.
4.3. All software used on this website is the property of Poh Seng Jewellers Pte Ltd or its software provider(s).
5. Images and Representations
5.1. Although care will be used to ensure that the images and representations used on the website reflect as closely as possible with the actual product, this is subject to limitations such as human error or technological limitations causing the colour of certain products to appear different and/or certain products may appear either larger or smaller than its actual size. The details of certain products, especially intricate ones, may also not be clearly shown.
5.2. The weights and measures shown in the website are only approximates and may differ slightly from the actual product that you receive.
6. How the Contract is formed between You and Us
6.1. All prices quoted are in Singapore dollars.
6.2. All online purchases are subject to availability of the product(s) selected.
6.3. After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All telephone and on-line orders are subject to acceptance by us, and we will confirm the order and collection details with you either through the telephone or by email.
6.4. Subject to actual stock availability, products ordered may be replaced with alternatives subject to a verbal or written confirmation from you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded the amount we received.
6.5. Full payment must be made when you check out your orders, before the order is processed.
6.6. The contract between us (“Contract”) will only be formed when we accept your order.
6.7. In addition to the Contract between us, your order will also be subject to the terms in our Store Policy, Privacy Policy and these Terms and Conditions (altogether, the “Terms and Conditions of Sale”) in force at the time that you purchase the product(s) from us, unless any change to the Terms and Conditions of Sale is required to be made by law or governmental authority (in which case it may, if directed by the law or governmental authority, apply to orders previously placed by you), or if we notify you of the change to any part of the Terms and Conditions of Sale before we provide you with the product (in which case we have the right to assume that you have accepted the change to the Terms and Conditions of Sale if you accept the product).
7. Price and Payment
7.1. The price of any products will be as quoted on our site from time to time, except in cases of obvious error.
7.2. Our site contains a number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices so that, where a product's correct price is less than our stated price, we will charge the lower amount. If a product’s correct price is higher than the price stated on our site we might at our sole and absolute discretion, notify you of the correct price for your consideration and agreement before we confirm your order. The order will be cancelled if you do not agree to the price.
7.3. Notwithstanding any terms and conditions herein or elsewhere, and to the further extent permitted by law, we shall not be under any obligation to provide the product to you at the incorrect (lower) price even after we have provided you with an email confirmation.
8. Collection
8.1. For security reasons, orders are to be self-collected at our store. If you require the product(s) to be delivered to you, you may arrange for third-party pick-up and delivery service at your own risk and all charges relating to the collection and delivery and any insurance coverage shall be borne by you.
8.2. All orders placed online will be made available for collection within 30 business days from the date of receipt of full payment. Business days exclude Saturday, Sunday and public holidays in Singapore.
8.3. Poh Seng Jewellers Pte Ltd does not guarantee that we will always be able to have available your chosen product(s) at the timing that you have requested.
9. Our Exchange Policy
9.1. Exchange is applicable only once for each purchase.
9.2. In the event that you are not satisfied with any product(s), you may return them to us within 7 days of the date of the cash sale invoice. The product must be in the original condition, with all tags and accompanying packaging intact, not damaged or in any way compromised and it must not be made-to-order.
9.3. The original invoice must be produced for the exchange to be made.
9.4. When you return a product to us (for instance, because you claim that the product is defective, or you are not satisfied with the product), we will examine the returned product. Provided we are satisfied with the condition of the product following our examination, we will replace the item (if returned owing to a defect), allow an exchange with another product of equal or higher value (which you will need to top up the difference in cash), or one that is at our sole discretion. Any compensation will be capped at the amount equivalent to the purchase price paid less any merchant administrative fees, Paypal/credit cards charges and any other third party charges paid or payable by us in relation to the aborted purchase.
9.5. Notwithstanding the foregoing, we reserve the right not to accept any returns at our sole and absolute discretion.
9.6. Any other costs borne by you in returning the product will be at your expense.
10. Privacy Policy
Please also visit our Privacy Policy covering the collection, storage, use and disclosure of any personal data collected from you.
11. Indemnity
You shall indemnify us for and against any claims, loss or damage (including, without doubt, any damage to our reputation or goodwill), expenses and costs (including legal costs) suffered by us as a result of or in connection with:
11.1. breach of any warranty by you;
11.2. any AML / CFT investigations related to your use of the website, regardless of the outcome; and/or
11.3. breach of any other part of these Terms and Conditions by you.
12. Our Liability
12.1. Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product.
12.2. Poh Seng Jewellers Pte Ltd makes no representations regarding the suitability of the website for any purpose. This website is provided "as is" without warranty of any kind. Poh Seng Jewellers Pte Ltd hereby disclaims all warranties with regard to this website, including its accuracy, completeness, reliability, timeliness, all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement (whether of this website or of any product advertised on this website).
12.3. In no event will Poh Seng Jewellers Pte Ltd be liable for any actual, direct, special, indirect or consequential damages, loss of use, loss of profits or any damages whatsoever whether in an action on contract, negligence or other tortious action, arising out of or in connection with the use or performance of this website, the provision of or failure to provide any product or services, the accuracy of or reliance on, any output of this website or information available from this website, any failure, error, omission, interruption, delay, malware, spyware, computer virus, Trojan horse, worms, software bombs or the like regardless whether Poh Seng Jewellers Pte Ltd had been advised of or could have foreseen the possibility of such damages.
13. Third Party Links
We may provide links on our site to the websites of other companies, whether affiliated with us or not. However, we are not responsible for the content or experience in visiting these websites. We do not endorse the websites and access to them is at the user’s own risk.
14. Notices
We may communicate and give notices to you via e-mails, phone calls or mails to such contact numbers and addresses that you have provided to us when placing an order.
15. Events Outside our Control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1. strikes, lock-outs or other industrial action;
15.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5. impossibility of the use of public or private telecommunications networks; or
15.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
15.3. Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. Waiver
16.1. If we fail, at any time to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
17. Severability
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
18.1. These Terms and Conditions and any document expressly referred herein represent the entire agreement between us in relation to the purchase of the product(s) by you through the website and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
19. Our Right to Vary these Terms and Conditions
We have the right to revise and amend these Terms and Conditions from time to time.
20. Law and Jurisdiction
Contracts for the purchase of products through our website will be governed by the Laws of the Republic of Singapore, including but not limited to the Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Act 2019. Poh Seng Jewellers Pte Ltd reserves the right to suspend or reject an order and to take such actions as it deems fit to comply with the relevant laws. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of the Republic of Singapore.
21. Right to Terminate Access
Poh Seng Jewellers Pte Ltd reserves the right to terminate or suspend your access or use of the website at any time without prior notice or liability and without having to provide any reason for the termination.
22. Exclusion of Third Parties
A person who is not a party to the Contract or these Terms and Conditions is not entitled whether under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise, to enforce any of the terms herein.