Terms of Sale
The following terms and conditions will apply to any purchase of products from Kwan Brothers Pte Ltd (“KWANPEN”, “we”, “our” or “us”) through www.kwanpen.com (“Site”).
By placing any orders (“Orders”) or purchasing any merchandise (“Products”) through the Site, you are deemed to have agreed to be bound by these terms and conditions (“Conditions”). If you do not agree to any part of these Conditions, please do not place any Orders or purchase any Products through the Site. Any Orders placed or Products purchased through the Site will imply that you have accepted these Conditions.
We reserve the right, at any time, to revise or update these Conditions without your prior notice. These changes will take effect immediately upon posting. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes.
- To place an Order through the Site, you are required to register an account with us. To register for an account, you must be 18 years old and above and shall provide us with accurate, complete and updated information as may be required upon registration.
- You are responsible for the security of your account information, including without limitation your username and password in relation to your account. You must take all appropriate measures (including changing your password from time to time) to ensure the security and confidentiality of your username and password. In the event of any compromise in the security of your username and/or password, you must inform us immediately and change your password. Until such notification is received and confirmed by us and access is disabled at your request, you shall be responsible for all consequences arising from any unauthorised or fraudulent use of your account.
- Any violation of these Conditions may result in the termination of your account at our discretion. For the avoidance of doubt, we shall have the right to restrict, suspend or terminate your account at any time at our sole discretion for any reason whatsoever.
- The Products featured on the Site are subject to stock availability. If the Products are not available after your order has been processed online, we will inform you via email.
In order to improve service quality and ensure greater availability of our Products for all customers of the Site, the number of Products per Order is limited to four (4) items. We also reserve the right to limit the number of Products which can be purchased per customer.
- All Orders are subject to our acceptance and confirmation. If we accept your Order, an order confirmation (“Order Confirmation”) will be sent to your email address registered with us.
- Until we have indicated its acceptance of any Order by sending you an email confirming that the Product(s) under the Order is ready for collection or have been dispatched, we reserve the right to cancel, amend or reject your Order in whole or in part for any reason at any time, including where any product is out of stock, damaged, or any product is unavailable for any other reason. Processing of payment for an Order shall not in itself constitute acceptance of the Order by us, provided that where an Order is rejected or cancelled by us, any payment made for such Order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time.
- By submitting an Order, you warrant and represent that you are purchasing the Product(s) for your own non-commercial use, and not for commercial, re-sale or export purposes.
- Please ensure that all information that you provide in your Order is accurate and complete. We will not be liable for any mistakes or errors caused by you, including any delivery by us to an address incorrectly keyed in by you.
- While we endeavour that all prices on the Site are correct, errors may occur. If we discover an error in the price of a Product you have ordered, we will inform you as soon as possible and give you the option of proceeding with your Order at the correct price or cancelling it. If we are unable to contact you, the Order will be treated as cancelled, and you will be refunded accordingly.
- You cannot cancel or modify your Order after we have confirmed the Order. Hence, it is important that you check your Order before proceeding with the payment.
- Notwithstanding that the Order has been accepted and confirmed, we reserve the right to cancel the Order or any part thereof at any time without giving you any reason. We will inform you of any such cancellation via email and will refund you accordingly without interest.
- All refunds will be credited without interest to the same credit card that was used for the Order. Please note that it takes approximately twenty-one (21) days for a credit return to your card to be effective.
- KWANPEN Products are handmade and use crocodile leather and therefore, slight variations in colour, stitching, pattern and texture may result.
- Please note that while the Products on the Site are portrayed as accurately as possible, the colour and texture of the merchandise may differ depending on the accuracy of your monitor. Your monitor may not accurately depict the colour and texture of the merchandise.
- All Products available on the Site are for your personal use only. You may not sell or resell any Product you purchase or otherwise receive from KWANPEN.
- All prices stated on the Site are in Singapore Dollars unless otherwise stated.
- Unless otherwise specified on the Site, prices displayed on the Site are inclusive of delivery fees, insurance and/or the relevant export and import permits out of Singapore. Any applicable taxes, such as Goods and Service Tax (“GST”), import tax and export tax, and/or the costs of permit applications shall be borne by you.
- During the checkout process, you will be asked to enter your payment method and details. Payment for Orders may be made by way of [(i) Visa, MasterCard and any other credit or debit card issued by a credit or debit card company acceptable to us; or (ii) PayPal and Union Pay. We reserve the right to change the payment options at any time.
- All payments are subject to processing by third party payment processors, and the approval of the relevant credit/debit card company and the relevant paying bank. We shall not be liable in any way if the payment processor, credit/debit card company or the paying bank refuses to process or accept any card or card particulars for any reason. We reserve the right to obtain validation of your payment details before providing you with the Products and/or services.
- You agree to submit to us such card information and other personal and delivery information as may be reasonably requested by us or the payment processor to process the Order and payment for the Order, and to arrange for self-collection or delivery and invoicing.
- We reserve the right to exercise its lawful remedies if a dispute or issue arises over card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the credit/debit card company or the paying bank rejects or reverses payment for an Order, we may in our discretion:
- reject such Order, or suspend or cancel such Order;
- repossess the Products if delivered; or
- bring a claim against you for the full price of the Order as a debt.
- We shall be entitled to set-off and deduct from any refund due to you, all sums owed by you to us under any and all Orders and other agreements.
- All orders confirmed by us will be sent to the delivery address you specify when placing your order. KWANPEN delivers its Products worldwide except for India, Ukraine, Indonesia and Australia.
Please refer to the FAQ section on the Delivery Charges.
- [We aim to dispatch all orders between 3 and 4 business days. / Dispatch times may vary according to availability.] KWANPEN uses DHL Express & DHL Postal as the shipping carriers for all paid shipping deliveries. The estimated standard delivery time is between 2 and 15 business days from the date of dispatch, depending on the shipment method and subject to conditions. Estimated delivery times are to be used as a guide only. KWANPEN is not responsible for any delays caused by any customs clearance processes.
- Any delivery or collection dates or timings provided by KWANPEN are estimates only. KWANPEN shall not be liable for any loss, damage, cost or expense for any failure to meet any given delivery or collection date or timing, howsoever caused.
- You are responsible for ensuring that a recipient is present to receive the delivery. You may be charged a redelivery fee at the prevailing rate for any attempts of redelivery or each additional delivery trip.
- We shall have no liability to you for any failure to deliver any Product(s) you have ordered or any delay in doing so or for any damage or defect to the Product delivered that is caused by any event or circumstances beyond our reasonable control including natural disaster.
- Title and risk to the Product(s) shall be passed to you upon delivery.
- Please inspect the Product(s) upon delivery. If there is any damaged, defective or incorrect Product(s), please contact us within seven (7) calendar days upon receiving the Product(s), via email@example.com, failing which you will be deemed to be satisfied that the Product is of satisfactory quality and is correct. Kindly refer to our Returns, Exchanges and Refunds policy in Section 8 of these Conditions for further details.
[Comment: Please confirm if the provisions on returns, exchanges and refunds below are applicable and if any amendments are required.]
- We only accept returns or exchanges where:-
- the Product delivered is damaged or defective upon delivery; or
- the Product delivered is not the product ordered.
Returns, exchanges and refunds are not permitted for change of mind.
- In order to return, exchange or obtain a refund for a Product, you must first contact customer service at firstname.lastname@example.org within seven (7) calendar days upon receiving the Product.
- Upon receiving a confirmation and returns slip from our customer service officer, your item must be returned within thirty (30) calendar days to [the address set out in the returns slip by way of DHL Postal & DHL Express] or to the nearest KWANPEN boutique in your region in person.
- The return or exchange of any Product is subject to all applicable local laws and CITES regulation. [Due to CITES regulation, all exotic skin Products can only be returned or exchanged in the country of purchase, accompanied by the original CITES documentation. KWANPEN will not be able to re-issue a lost CITES document under any circumstances.]
- Products purchased from the Site may not be exchanged at our physical retail stores. Please contact our customer service at email@example.com for assistance.
- For returned Products, refunds will be in the form of credits to your account with us which may be used for purchases on the Site. Store credits cannot be exchanged for cash. Credits must be utilised within 180 days from issuance. Any unutilised credits will be forfeited upon expiry of such period. The amount refunded will be the total price you originally paid (merchandise price plus any applicable taxes less any discounts applied during original purchase). Any shipping charges paid on the original order are non-refundable for returned merchandise.
- Exchanged or returned Products must be unused, unaltered and in the original condition as when it was delivered, and must include its original vendor packaging, price tag(s), CITES document and order confirmation and/or invoice. We reserve the right to reject any exchange or return that does not fulfil any of the provisions herein or for any other reason.
- Without limiting the aforesaid, we reserve the right to reject/refuse any returns or exchanges if:-
- the Product is damaged or defective due to improper use or handling by recipient;
- the Product is a gift or is personalised;
- the Product shows signs of use and wear;
- damage of the Product is due to subjecting it to unusual or unadvisable physical, environmental or electrical stress; or
- the Product is not accompanied by the original original vendor packaging, tag(s), CITES document, order confirmation and/or invoice.
- We reserve the right to return ineligible returns to you at your own cost.
- All Products purchased from the Site will have a limited thirty (30) calendar days’ warranty against any manufacturing defect. You may request for the defective Product to be repaired, exchanged or replaced while it is still under warranty. Please contact our customer service at firstname.lastname@example.org. The defective product and the original receipt issued by us must be produced for the repair, exchange or replacement of such product under warranty.
- Save for the aforesaid warranty, we do not provide warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, merchantability, satisfactory quality and/or fitness for a particular purpose, in conjunction with the Products sold on the Site, subject to the applicable law.
- Subject to the applicable law, we reserve the right to repair the defective product, refund without interest the purchase price paid for the defective product, or exchange such product at our sole discretion.
- We will not bear any charges incurred by you during the process of return, exchange or refund of any Product.
- You shall not be entitled to any remedies in the event that any defect is discovered after the thirty (30) calendar day period referred to above has expired.
- All content included in or made available through the Site, including but not limited to information, communications, software, graphics, images, videos and sounds (the "Materials") contained in the Site are provided on an "as is" and "as available" basis. We do not warrant the accuracy, correctness, timeliness, reliability, currentness, adequacy or completeness of any Materials and expressly disclaims all warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, to the fullest extent permitted by law.
- We do not warrant that any of the Materials or that the Site will be provided uninterrupted, secured or free from errors or that any identified faults will be corrected; further, no warranty is given that the Site and the Materials are free from any computer virus or other malicious, destructive or corrupting code/programme.
- Any use of or reliance on Materials obtained through the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or elsewhere.
[Comment: Please confirm if any after-sales service, apart from the limited warranty in Clause 9, will be provided. If so, please confirm the applicable terms below.]
- We may provide after-sales services for any Products that are repairable. To request for repair of Products, you may contact us at email@example.com. The provision of any after-sales services shall be subject to inspection of the Product and such terms and conditions to be entered into between you and KWANPEN at the time of request for such after-sales services.
- You will be responsible for arranging for the Product to be delivered to us for inspection and/or repair, including the cost of delivery, as well as for the cost of returning the Product to you. If you require us to repair any Product which is not covered under warranty, we will send you a quotation for the cost of repair/servicing and/or the parts.
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. In such cases, we may reject your order or our Customer Service department may contact you at your phone number or email address provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
All Materials, including all copyright and any other proprietary rights, are the property of KWANPEN, its content providers and/or third party licensors. All rights are reserved. The Materials cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of KWANPEN. You also may not, without the permission of KWANPEN, insert a hyperlink to the Site on any other website or "mirror" any Materials on any other server or website. Without prejudice to the foregoing, you agree that the Materials contained within or available through the Site may not be used for commercial purposes or distributed commercially.
- Trade Marks
The trademarks, service marks, trade names and logos ("Trade Marks") used or appearing on the Site are property of KWANPEN, its affiliates or third party licensors. Your access or use of the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks without the written permission of KWANPEN. You may not, without our prior written consent, use any of such Trade Marks as a hyperlink to the Site or any other website.
- Contributions to KWANPEN
All feedback, comments, information, ideas, suggestions, documents, and/or proposals ("Contributions") given to us through the Site shall be deemed to be non-confidential, you acknowledge and agree that:-
- your Contributions do not contain confidential or proprietary information;
- we are not under any obligation of confidentiality, express or implied, with respect to the Contributions, and we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any reference to you;
- we shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such Contribution, and any use, adaptation, modification, reproduction or distribution of the Contributions shall be property of KWANPEN without any obligation to you;
- you are not entitled to any compensation or reimbursement of any kind from us under any circumstances; and
- you shall not submit any information and/or other materials which are or may be offensive, abusive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other country.
- Subject to the applicable law, in no event shall we be liable to you or any person for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you of any kind, based upon a claim by a third party grounded in tort (including negligence), strict liability, breach of contract, breach of warranty or otherwise, as a result of or in connection with the use of the Site and/or the sale of the Products at the Site, even if we have been advised on the possibility of such damages.
- For the avoidance of doubt, we shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
- any access, use or the inability to access or use the Site or reliance on the Materials and/or any information contained in the Site;
- any unauthorised use of or access to your account;
- any mishandling and/or abuse of Product by you or other persons;
- use of Product by you or other persons in any manner, whether foreseeable or otherwise. You shall assume all risks associated with product usage and storage upon delivery;
- any delay in delivery or cancellation of Order or refund;
- any refund, exchange or repair of any Product;
- any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
- This exclusion clause shall take effect to the fullest extent permitted by Singapore law.
- Without prejudice to the foregoing, our aggregate liability to you shall be limited to the purchase price of the Product paid by you.
You agree to indemnify and hold each of KWANPEN, its subsidiaries and affiliates and their respective directors, officers, employees, suppliers, vendors, licensors, agents and any third party content providers harmless from any claims, demands, losses, damages or expenses (including legal fees), arising from, relating to and/or in connection with (a) your use of, or access or connection to the Site and/or the Material therein; and/or (b) your breach of any of these Conditions; or (c) your violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit on or via the Site.
- We reserve all rights to deny or restrict access by any person to the Site or to block access from a particular Internet address to the Site, at any time, for any reason whatsoever.
- We reserve the right to change, revise or modify any part of the Site at any time at its sole discretion without notice.
- Your access and/or use of the Site are subject to these Conditions. These Conditions shall be governed by and construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
- No delay or failure by us to take any action or to enforce or exercise any of our rights in these Conditions will operate as a waiver of such rights by us, nor will such failure or delay in any way prejudice or affect our rights at any time thereafter to act strictly in accordance with our rights in these Conditions.
- Any Conditions, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable, the remaining Conditions, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such Conditions in any other jurisdiction.
- These Conditions and any rights, obligations and licenses granted therein may not be assigned or transferred by you, but may be assigned or transferred by us without restriction.
- These Conditions are for the benefit of KWANPEN and its directors, officers, employees, affiliates, suppliers, vendors, licensors, agents and any third party content providers to the Site. Each of these entities shall have the right to assert and enforce any of these provisions against you. Save as aforesaid, a person (including any user) who is not a party to these Conditions has no right to enforce any of these Conditions under the Contracts (Rights of Third Parties) Act (Cap 53B).
The last update to these Conditions was posted on 25/11/2020