TERMS & CONDITIONS

These Terms & Conditions apply to the use of this Website and Services offered here. By accessing this Website or placing an order, you agree to be bound by the Terms & Conditions set out below. If you do not agree to be bound by these Terms & Conditions, you may not continue to access this Website or using our Offerings.

 

DEFINITIONS:

  • "Terms & Conditions", "Terms": These Terms & Conditions and specific conditions as sometimes stated in Product Descriptions or listings.

  • "Website": The Forno Gourmet website at www.fornogourmet.com or any subsequent URL which may replace it.

  • "Service": Our business of offering and selling lifestyle, household and cooking products and services, in each case in whatever format they may be offered now or in the future. The Website and Services are collectively referred to herein as the "Offerings".

  • "Product": A product displayed for sale on the Website.

  • "Product Description": Any part of the Website where information in respect of an individual Product is provided.

  • "Forno Gourmet", "we", "us", "our": Forno Gourmet, a company registered in Singapore under registration number 53415563D.

  • "You": The user of the Website, such as a visitor or guest

  • a holder of a registered user account, a customer placing, or having placed, an order on this Website, as guest or holder of a registered user account

  • "Personal Information": Details provided by you when using the Website.

 

Other applicable terms:

These Terms & Conditions refer to the following policies which, as integral parts of the Terms, also apply:

  • Our Privacy Policy, which sets out the terms under which we process any Personal Information and personal data we collect from you. By using our Offerings, you consent to such processing.

  • Our Shipping / Delivery Policy, which sets out the terms under which we deliver products to you, including self-collection if and where applicable.

  • Our Return & Refund Policy, which sets out the terms for warranty and return of Products, and how we handle refunds, if and where applicable.

 

USE OF THE WEBSITE:

 

Access:

You are provided with access to this Website in accordance with these Terms, and any orders placed by you must be placed strictly in accordance with them.

 

Compliance with laws:

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 

Personal Information:

  • You warrant that you are at least 16 years of age before submitting any Personal Information through the Website; and the Personal Information which you providing when you are creating an account or checking out as a guest is true, accurate, current and complete in all respects; and

  • If you are accessing the Website or using the Offerings on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" or "Customer" reference your company; and

  • You will notify us immediately of any changes to the Personal Information by updating these details in your account on the Website or, if you are unable to log in to your account, notify us by other means.

  • You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Indemnity:

You agree fully to indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you, or any other liabilities arising out of your use of the Offerings or the use by any other person accessing the Website using your account and/or your Personal Information.

 

Our rights:

We reserve the right to:

  • modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

  • change the Terms from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using our Offerings.

 

External / third-party links:

We may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

 

PRIVACY:

Please refer to our Privacy Policy as an integral part of these Terms.

 

PRODUCTS:

 

Prices:

  • Prices of Products on the Website are in Singapore Dollars ("S$") and do not include shipping/delivery charges, unless stated otherwise. Forno Gourmet is not a GST registered company.

  • Any prices displayed on the Website in a currency different from S$ are for information purposes only, based on conversion at a recent bank exchange rate, and in no way binding.

  • Prices may change from time to time, but changes will not affect any order which we have processed.

  • We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was submitted.

  • However, it is always possible that, despite our best efforts to keep the Website as up to date as possible, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you per email. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect(lower) price.

 

Product Descriptions:

Each Product purchased is sold subject to its Product Description which may set out additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated shipping/delivery dates and times, warranties and return options. We take all reasonable care to ensure that all Product Descriptions, images, details and specific conditions of Products appearing on the Website are correct at the time when the relevant information was submitted. However, it is always possible that, despite our best efforts to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.

The images of the Products on the Website are for illustrative purposes only; Products may vary from those images.

 

Warranties:

Please refer to our Return & Refund Policy as an integral part of these Terms.

 

Availability:

All Products shown on the Website are subject to availability. We will inform you as soon as possible if the Product you have ordered is not available and, in this case, we will not process your order. In some circumstances we may offer a suitable substitute.

 

SHIPPING, DELIVERY & RELATED CHARGES:

Delivery will be completed when we deliver the Products to the address you gave us or, in case of pick-up/self-collection, when we have handed them over to you. In most circumstances a signature is required on delivery. The Products will be your responsibility from the completion of delivery. Please refer to our Shipping / Delivery policy as an integral part of these Terms.

 

PAYMENTS:

All payments must be made in Singapore Dollars (SGD).

For online orders through this website, we offer the following modes of payments:

  • Credit Cards (offered through Stripe, who is our acquiring and payment processor)

  • Manual Payment mode: Bank Transfer or PayNow, for Singaporean Bank account holders. For Bank Transfer, all banking fees and charges pertaining to the funds transfer must be borne by you, the sender.

 

ORDERS & ELECTRONIC CONTRACTING:

  • You may only purchase Products from the Website if you are at least 18 years of age.

  • The order process ("Checkout") on the Website allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the Checkout.

  • After you place an order on the Website by finishing the Checkout, you will receive an email from us acknowledging that we have received your order and it has been "created" in our system. Please note that this email does not constitute acceptance of your order.

  • After you have made payment for the order in full, you will receive an email from us notifying you that your order has been "confirmed" in our system. Please note that this email does not constitute acceptance of your order.

  • For items being shipped or delivered to you (as opposed to pick-up/self-collection), you will receive an email from us informing you that your order has been "shipped" from our warehouse.

  • Order acceptance and the completion of the contract between you and us will take place on shipment or, in case of pick-up/self-collection, delivery of the Products ordered to you, unless we have notified you that we do not accept your order, or you have cancelled it.

  • You own the Products once we have received payment including all applicable delivery and other charges in full, unless the order has been cancelled and refunded.

  • The Terms in force at the time when your order was created will apply to the contract between you and us.

  • The contract will be concluded in English.

Cancellations of orders by you:

  • You have the right to cancel your order before we have accepted it and the contract between you and us is completed, means after your order has been created or confirmed, and before it has been shipped.

  • To cancel an order, please contact us via the contact information on the Website, or by emailing us at sales@fornogourmet.com, or contacting us at +65-91145326.

  • If you decide to cancel your order after it has been paid by you and before it has been shipped, we may refund your payment.

 

Non-acceptance and cancellations of orders by us:

We reserve the right to not accept your order and cancel it. Non-acceptance and cancellation may be a result of one of the following:

  • The Product you ordered being unavailable.

  • You’re not paying the total amount due for the order in full, or our inability to obtain authorization for your payment.

  • You’re not meeting the eligibility to order criteria set out in other parts of these Terms & Conditions.

  • The identification of a pricing or product description error.

Should we have taken payment prior to non-acceptance of your order, then we will refund you, but please note that it can take a certain amount of time for the funds to be effectively transferred back to you. Please refer to the section "Refunds" here below.

 

Cancellations of contracts:

Generally, all sales are final, and a contract completed upon us having shipped or, in case of pick-up/self-collection, delivered the Products ordered by you cannot be cancelled. Instead, under certain conditions, you may be eligible to return a Product. Conditions, eligibility and procedures for returns are set out in our Return & Refund Policy as an integral part of these Terms.

 

REFUNDS:

Under certain conditions, as set out in other sections of these Terms and in our Return & Refund Policy, you may be eligible for a refund. Please refer to the Return & Refund Policy for more information.

 

COMMUNICATIONS BETWEEN US:

  • All communications will be in English.

  • When we refer, in these Terms, to "in writing", this will include email.

  • If you wish to contact us in writing to make a comment or complaint or for any other reason, you can send this to us by email via our Website or directly at sales@fornogourmet.com.  You can also contact us using our Customer Services telephone line as posted on the Website.

  • If we have to contact you, we will do so by email or by pre-paid post to the address you provide to us in your account or order, or by telephone on the telephone number supplied to us by you.

 

GENERAL TERMS:

Copyright, intellectual property and right to use:

  • You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors.

  • You are permitted to use this material only as expressly authorized by us or our licensors.

  • You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may, if necessary, to make a purchase, download such material and content onto only one computer hard drive for such purpose.

  • Any other use of the material and content of the Website is strictly prohibited.

  • You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

 

Limitation of liability:

  • While we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied, in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made, and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

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  • We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

  • We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:

    • any economic losses (including without limitation loss of data, income, revenues, profits, contracts, business or anticipated savings); or

    • any loss of goodwill or reputation; or

    • any special or indirect losses; suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.

 

Events outside our control:

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by any act or event outside or beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

  • In case of such act or event outside or beyond our reasonable control, our obligations under a contract will be suspended, and the time for performance of our obligations will be extended for the duration of the act or event. Where the act or event affects our delivery of Products to you, we will arrange a new delivery date with you after the act or event is over.

  • Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

 

Severance and survival:

  • If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

  • No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  • Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

  • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so inwriting, and that will not mean that we will automatically waive any later default by you.

 

Transfer of rights:

We may transfer our rights and obligations under a contract to another organization, but this will not affect your or our rights and obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Any contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

Entire agreement:

  • These Terms govern our relationship with you. Any changes to these Terms must be in writing and signed by both parties. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. If applicable, your Statutory Rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Terms.

  • Headings of these Terms are for reference purposes only and shall not be incorporated into the terms and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

 

Law:

These Terms are governed by the law of Singapore. This means, irrevocably and unconditionally, a contract for the purchase of Products through the Website and any dispute or claim arising out of or in connection with it will be governed by the law of Singapore. You and we both agree to that the courts of Singapore will have non-exclusive jurisdiction.