Terms & Conditions
Use of this platform _______ (the “Platform”). This end user licence agreement (“Agreement”) is a legal agreement between you and Abelines Trading Pte Ltd. (“we” or “us”) governing the use of the Platform and our services offered via the Platform (“Services“). We license use of the Platform to you on the basis of this Agreement. We do not sell the Platform to you and we remain the owner of the Platform at all times.
Please read this Agreement carefully as it contains important information regarding your legal rights, remedies, and obligations. This includes in particular, various limitations, exclusions and an indemnity. If you do not agree to these terms, we will not licence use of this Platform to you and you must not use our Platform.
• The provisions set out in this Agreement govern your access to and your use of the Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such change, you must not use the Platform.
• Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this Agreement.
• Should you choose to register for an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration), you acknowledge and agree that:
• you have read the terms set out in this Agreement and agree to be bound by and comply with them;
• you are 18 years old and above as of the date of your entry into this Agreement;
• you shall be responsible for maintaining the confidentiality of your account details, and
• we are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
• We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Platform (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Platform or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.
• You are not permitted to use, or submit any content to, our Platform or any of our affiliated websites (including social media pages) to advertise, promote or market any products or services of any third party or yourself.
• We reserve the right to change, modify, suspend or discontinue any portion of the Services, the Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.
• You agree and acknowledges that due to the nature of the internet, access to or operation of the Platform may from time to time be interrupted or encounter technical difficulties. We do not warrant or guarantee any free or uninterrupted use of the Platform, and shall not be liable for any loss, damages or expenses arising out of or in connection with your use of, or the inability to use, the Platform.
• This Agreement refers to the following additional terms, which also apply to your use of the Platform and which form part of this Agreement:
• Our Terms and Conditions of Sale (see [Schedule 2]) sets out our terms and conditions governing the purchase of goods on the Platform. By purchasing any goods and/or services from us via the Platform, you are deemed to have agreed to our Terms and Conditions of Sale.
• Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
• not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Services, the Platform or any of the contents therein for any commercial purposes;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of the Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
• not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
• to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
• to comply with all applicable technology control or export laws and regulations; and
• not to disrupt, disable, or otherwise impair the proper working of the Services, the Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
• Intellectual property rights
• You acknowledge that all intellectual property rights in the Platform anywhere in the world belong to us, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform other than the right to use them in accordance with the terms of this Agreement.
• You acknowledge that you have no right to have access to the Platform in source code form.
• You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Platform in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
• You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
• While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.
• To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
• Limitation of Liability
• You agree and acknowledge that we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, the Platform or any other website or software) for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss or corruption of data or information;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
• Nothing in this Agreement shall limit or exclude our liability for:
• death or personal injury resulting from our negligence;
• fraud; and/or
• any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
• This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
• You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.
• Other important terms
• We may assign, transfer or sub-contract our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
• A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B).
• You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
• No partnership or agency or employment relationship has arisen by reason of this Agreement.
• This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
• If we fail to insist that you perform any of your obligations under this Agreement, 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 in writing, and that will not mean that we will automatically waive any later default by you.
• Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
Abelines Trading Pte Ltd (“we” or “us”) is committed to protecting and respecting your privacy.
INFORMATION WE MAY COLLECT
• We may collect and process the following data:
• information that you provide by filling in forms on www.abelinestrading.com (“our Platform”), including information provided at the time of registering to use our Platform, subscribing to any services provided by us, posting material, reporting a problem with our Platform, or requesting further services;
• details of transactions you carry out through our Platform;
• details of your visits to our Platform and the resources that you access; and
• if you contact us, a record of that correspondence.
• We may also collect and process information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
• Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
• The transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
PURPOSES OF COLLECTION OF PERSONAL DATA
• We use information held for the following purposes:
• to ensure that content from our Platform is presented in the most effective manner for you and for your computer;
• to provide you with information, products or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
• to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
• to allow you to participate in interactive features of our service, when you choose to do so;
• processing, handling and corresponding with you in relation to your enquiries, feedback, complaints, requests and applications to us;
• providing after sales service or support or customer care;
• processing payment or credit transactions;
• complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities for the aforementioned purposes; and
• carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.
CONSENT TO COLLECTION, USE, DISCLOSURE OF PERSONAL DATA
• You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request to us in writing at the contact details provided below. Should you withdraw your consent to the collection, use or disclosure of your Personal Data for any of the Purposes, it may impact our ability to proceed with your transactions, agreements or interactions with us. Upon receipt of your request, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies, or undertaking any steps as we may be entitled to at law).
DISCLOSURE OF YOUR INFORMATION
• We may disclose your Data to third parties:
• for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our Platform, in which case your Data may be provided to our third-party service providers;
• in the event that we sell or buy any business or assets, in which case we may disclose your Data to the prospective seller or buyer of such business or assets;
• if we or substantially all of our shares or assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets; or
• Our Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.
ACCESS AND CORRECTION
• The PDPA gives you the right to access your Data. Your right of access can be exercised in accordance with the PDPA. Any access request may be subject to an administrative fee at our rates then in force to meet our costs in providing you with details of the information we hold about you.
• In the event that you wish to correct and/or update your Data in our records, you may inform us in writing of the same.
• You may access, correct, and/or update your Data by contacting us at the contact details provided below. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
• Modifications of any of the Data or use of any of the Data for any authorised purpose, will be a violation of our Platform’s copyright, other intellectual property rights and may also be an offence under the Computer Misuse Act (Chapter 50A) of the Singapore Statutes.
• We endeavour to ensure that all decisions involving your Data are based upon accurate and timely information. While we will do our best to base our decisions on accurate information, we rely on you to disclose all relevant information and to inform us of any significant changes. As such, you are kindly requested to disclose all relevant information, inform us of any changes and to ensure that all your Data that is submitted to us is current, complete, accurate, true and correct.
RETENTION OF PERSONAL DATA
• We may retain your Data for so long as is necessary for the purpose for which it was collected, or for so long as required or permitted by applicable laws. We will cease to retain your Data, or remove the means by which the Data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Data was collected and is no longer necessary for legal and business purposes.
Attention to: Abelines Trading Pte Ltd
Email: [ firstname.lastname@example.org ]
Telephone number: +65 8282 0046
Mailing address: Abelines Trading Pte Ltd
55 Geylang Bahru
TERMS AND CONDITIONS OF SALE
“Automated Order Confirmation” has the meaning given in clause 2.2.
“Business Day” means any day other than a Saturday, Sunday or day defined or gazetted as a public holiday under the Holidays Act (Cap. 126) of Singapore.
“Confirmation Period” has the meaning given in clause 4.6.
“Customer” refers to the person or entity purchasing goods and/or services from Abelines Trading Pte Ltd via the Platform.
“Delivery Deadline” has the meaning given in clause 4.7.
“Minimum Age” means 18 years of age or older, as of the date of entry into this agreement.
“Order” means an electronic order for goods and/or services that is submitted via the Platform.
“Return Request” has the meaning given in clause 5.2.
“Services” means all forms of services provided by Abelines Trading Pte Ltd in order to fulfill an Order, including but not limited to delivery services.
“Platform” means www.abelinestrading.com
“Price” has the meaning given in clause 3.1.
“Promotion” has the meaning given in clause 2.5.
“Terms” means these terms and conditions of sale.
• TERMS OF SALE
• Abelines Trading Pte Ltd shall sell, and the Customer shall purchase, goods and/or services pursuant to any Order subject to these Terms. By making an Order, the Customer represents and warrants that they are of the Minimum Age.
• Abelines Trading Pte Ltd reserves the right to reject any Order at their sole and absolute discretion, including an error in the stated price or description of the goods and/or services, lack of availability or any other error relating to your Order. For the avoidance of doubt, the receipt of any automated order confirmation (“Automated Order Confirmation”) shall not constitute acceptance of the Order by Abelines Trading Pte Ltd.
• In the event that the Customer’s Order is rejected, the Customer may, subject to the discretion of Abelines Trading Pte Ltd, either:
• be refunded the full amount paid for the goods and/or services;
• select any alternative goods and/or services of an equivalent value, subject to availability; or
• select any alternative goods and/or services of a greater value, subject to availability, following which the Customer shall be liable to pay the difference in value to Abelines Trading Pte Ltd.
• The Customer further agrees and acknowledges that the use of the Platform shall be at their sole risk and that the information on the Platform, including pricing and availability of goods and/or services shall change from time to time. Abelines Trading Pte Ltd shall not be liable for any damages, loss or inability to purchase any goods and/or services due to any technical difficulties, time lag or delay in uploading or updating pricing or availability information to the Platform.
• Abelines Trading Pte Ltd may at its sole and absolute discretion offer special promotions or sale prices to Customers, the terms of which shall be set out on the Platform (each, a “Promotion”). Any Promotion shall be subject to the specific terms and conditions specified in the relevant Promotion, in addition to these Terms. Where there is any conflict between these Terms and the specific terms of any Promotion, the terms of the Promotion shall prevail.
• Unless otherwise informed in writing by Abelines Trading Pte Ltd to the Customer, all prices for the goods and/or services shall be as stated on the Platform (the “Price”).
• The Price shall become due and payable in full upon submission of any Order, through the payment mode specified on the Platform. No requests to split payments for any Order shall be entertained.
• DELIVERY OF PURCHASED GOODS
• The Customer may choose to pay for delivery of the purchased goods to their desired delivery address in Singapore at the delivery dates and times indicated in their Order. Delivery of the goods shall be subject to payment of the Price in accordance to the agreed payment terms between buyer and Abelines Trading Pte Ltd.
• All deliveries shall require a signature of receipt, and such receipt shall be deemed to be acceptance of the goods. It shall be the responsibility of the Customer to check that all goods, wines, bottles or products delivered to the Customer are in good condition at the point of delivery, and a signature of receipt shall be deemed acceptance of the goods. The person receiving the goods at the Customer’s delivery address will be required to produce his/her Identity Card for verification of the age.
• Subject to clause 4.7, title and risk to all goods shall only pass to the Customer upon receipt of delivery or collection of the goods by the Customer.
• Abelines Trading Pte Ltd shall not be responsible for any failed delivery as a result of the Customer being unable to receive the goods at the specified address.
• In the event there is any failure of delivery due to wrong delivery address or no recipient at the delivery address to receive the goods and/or services, re-delivery can be arranged by us with additional delivery fee to be borne by the Customer. Following from this, the Customer may either:
• elect for re-delivery within three (3) Business Days of the failed delivery date; or
• failing any election in accordance with clause 4.7(a), collect the goods from a collection address specified on the Platform with written agreement by Abelines Trading Pte Ltd. Proof of purchase must be presented when collected in person. The person collecting the goods must produce his/her Identity Card for verification of the age in accordance with Clause 1.3(b) of the Agreement.
• Any uncollected goods will be kept by us for a maximum period of three (3) days, following which the uncollected goods will be classified as Abandoned Goods. The Customer will be liable to Abelines Trading Pte Ltd for any loss occasioned by the Customer’s neglect or refusal to take delivery of the uncollected goods, and additional charges for the care and custody of the uncollected goods. Abelines Trading Pte Ltd will be fully entitled to dispose of the Abandoned Goods at its discretion.
• NO RETURN POLICY
• All sales of goods under this Agreement are final. Customers shall not have the right to return any purchased goods to Abelines Trading Pte Ltd, unless the goods the Customers ordered are out of stock.
• In this regard, the refund policy will be in accordance with Clause 2.3 herein.
• NO CANCELLATION POLICY
• Customers are strongly advised to check the Order before confirmation and payment of the Order on the Platform. Unless the goods the Customers ordered are out of stock, Abelines Trading Pte Ltd accepts no cancellation of Orders after payment has been made.
• FORCE MAJEURE
• Abelines Trading Pte Ltd (or any person acting on its behalf) shall not have any liability or responsibility for failure to fulfil any obligation under this agreement so long as and to the extent to which the fulfilment of such obligation is prevented, frustrated, hindered or delayed as a consequence of a Force Majeure Event.
• Abelines Trading Pte Ltd shall, as soon as reasonably practicable after the occurrence of a Force Majeure Event:
• notify the Customer of the nature and extent of such Force Majeure Event; and
• use all reasonable endeavours to remove any such causes and resume performance under this agreement as soon as feasible.
• In this Agreement “Force Majeure” means any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or Act(s) of God beyond reasonable control of the Parties, arising by reason of delay or inability to perform caused by reasons of strikes, walkouts, other labour disputes, acts of God, failure of power, riots, resurrections, epidemics, COVID-19 or other pandemics, quarantine, measures of any Government authority, acts of terrorism, breakdown of communication facilities or other similar reasons or any other reason not the fault of and beyond the control of the Parties. The Parties agree that the time scales mentioned in this Agreement may be reasonably extended due to any delay arising from “Force Majeure” circumstances provided that each party uses his/its reasonable endeavours to minimize such delay.
• USE OF OUR PRODUCTS
• The Customer agrees and acknowledges that they shall bear all responsibility for the use or consumption of any of the goods purchased pursuant to an Order, including any re-sale or re-distribution of such goods.
• INDEMNITY AND LIMITATION OF LIABILITY
• The Customer shall hold harmless and indemnify Abelines Trading Pte Ltd and its employees, agents, staff, contractors and officers from and against any claim by any person in relation to the goods and/or services purchased by the Customer pursuant to any Order and all costs and expenses (including legal fees) arising out of any act, omission or default of the Customer.
• Abelines Trading Pte Ltd shall not be liable to the Customer, whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise, for loss of profits, loss sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill or any indirect or consequential loss.
• Abelines Trading Pte Ltd’s total liability to the Customer arising under or in connection with this agreement shall be limited to the equivalent of the Price paid by the Customer under this agreement.
• Abelines Trading Pte Ltd’s total liability to the Customer arising under or in connection with this agreement shall be limited to the equivalent of the cost or price paid by the Customer under this agreement.
• To the fullest extent permissible by the law, Abelines Trading Pte Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose.
• Any notices, demands or any other correspondences whatsoever shall be deemed to be communicated to the Customer if the same is sent by ordinary post or email to the address provided under the Customer’s account, or such other address as informed to Abelines Trading Pte Ltd in writing prior to the dispatching of any notices, demands or any other correspondence whatsoever.
• All notices/ feedback and enquiries or correspondence from the Customer to Abelines Trading Pte Ltd must be in writing and sent to Abelines Trading Pte Ltd at the address or email specified below.
• ASSIGNMENT AND SUB-CONTRACT
• The Customer shall not assign or transfer any part of its rights and obligations under this agreement without the Abelines Trading Pte Ltd’s prior written consent. Abelines Trading Pte Ltd shall have the right to assign or transfer or sub-contract all or part of its rights or obligations hereunder at its sole and absolute discretion.
• Abelines Trading Pte Ltd reserves the right to amend, vary or update the Terms following from an acceptance of an Order by way of notice in writing to the Customer.
• A waiver of any right under this agreement shall be in writing. Such waiver shall apply only to the person to whom the waiver is addressed and the circumstances for which it is given. Any failure to enforce any provision of this agreement shall not constitute a waiver of such or any other provision. Unless specifically provided otherwise, rights and remedies arising under this agreement are cumulative and do not exclude rights and remedies provided by law.
• If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
• ENTIRE AGREEMENT
• This agreement and any documents referred to in it or executed contemporaneously with it, constitutes the entire agreement between the parties and supersedes all previous arrangements, agreements and understandings between them, whether oral or written, relating to their subject matter. Each party acknowledges that in entering into this agreement, it does not rely on, and has not remedy in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.
• THIRD PARTIES
• A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B).
• GOVERNING LAW AND JURISDICTION
• This agreement shall be governed by and construed in accordance with the laws of Singapore law. Abelines Trading Pte Ltd and the Customer both agree to submit to the exclusive jurisdiction of the Singapore courts.
DELIVERY CHARGES AND DELIVERY SCHEDULE
• Delivery Charges
• Alcoholic purchase above $350 will be entitled to free delivery.
• Delivery fee $20 for orders below $350
• Additional $10 for same day delivery
• Surcharge of $5 to Sentosa
• Delivery Schedule
• Abelines Trading Pte Ltd currently delivers to Singapore addresses only (No deliveries to NParks and Cemeteries).
• Orders placed by 3.00 pm will be delivered between 3.00 pm and 7.00 pm on the following day (including weekends and public holidays).
• For same day delivery, orders to be confirmed and paid by 12.00 pm for delivery to be arranged between 3.00 pm and 7.00 pm on the same day (Special request timing will be subject to availability)