Terms & Conditions of Sale

Welcome to www.CuckooHaus.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions of Sale, which together with our privacy policy, Refund policy and the Standard Warranty policy, shall  govern the relationship with you in relation to this website.

Definitions

In this document the following words shall have the following meanings:

1. "Buyer" means the organisation or person who buys Goods

2. "Goods" means the articles to be supplied to the Buyer by the Seller;

3. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

4. "Seller" means The Cuckoo Haus (Business Registration No: 53294277M)

 II.        General

1. These Terms and Conditions of Sale shall apply to sales of Goods by the Seller to the Buyer, to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation, or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged and agreed by the Seller in writing.

2. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 III.        Price and Payment

1. The price shall be the Net Price payable, unless otherwise agreed in writing between the parties. The price is exclusive of VAT, GST, DUTIES, TAXES or any other consequential costs, if any.

2. No Credit terms are applicable.

3. If payment of the full purchase price is not made and received at a reasonable payment transaction period, of not more than 7 working days from date of order placement, the Seller shall at its’ sole discretion, be entitled to:

• Demand payment of full purchase price via direct bank transfer (free from any deduction). All banking transaction cost to the account of the Buyer; or

• Refuse to make delivery of any undelivered Goods, and has the right to terminate the order without incurring any liability whatever to the Buyer for non-delivery, cancellation or any delay in delivery; or

• Require the Buyer to pay an amount equivalent to 30% of the purchase price as compensation to the Seller for non-payment and performance. After which both parties shall be free from any further contractual obligation.

 IV.        Description

1. Any product description given or applied to the Goods is expressed by way of identification purposes only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract to purchase.

 V.        Final Product

1. Where a sample and picture of the Goods is shown at the website, the parties hereto agree and accept that such a sample and picture is representative in nature and the Goods may differ slightly in colour, sound, music melody, tone, texture, positions of figurines and “similar yet different”, as a result of the 100% handmade manufacturing process by skilled craftsmen. No two clocks of the same model are identical due to the handmade process for each individual clock.

 VI.        Delivery

1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address as specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery and notified of delivery timing.

2. If the Seller is unable to deliver the Goods within 7 days of notification, because of actions and circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

3. Any damages, shortages, over deliveries should be reported to the Seller within 14 days of signed receipt to enable warranty process to take effect and make good any discrepancies.

VII.        RISK

1. Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or if set aside in storage for its collection, in accordance to clause VI, item 2, whichever occurs first.

 VIII.        TITLE

1. Title of the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 IX.        RETURN OF GOODS

1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods sold to the Buyer, unless otherwise agreed in writing.

2. Any returns must be authorised and agreed by the Seller in writing. In all cases, the Seller Refund Policy shall apply to all sales without exclusion.

3. Where the Seller agrees to accept the return of goods (due to wrong delivery) that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged or used, in any way.

4. In line with the Seller Refund Policy, No cash refunds shall be applicable and the wrongly delivered Goods shall be exchanged with the correct Goods purchased, subject to clause 3 above.

 X.        LIMITATION OF LIABILITY

1. The Seller shall not be liable for any all loss or damage suffered by the Buyer including 3rd party liability, in excess of the purchase price.

2. Nothing contained in these Terms and Conditions shall be construed by the Buyer that the Seller accepts any liability for death or personal injury as a result of the Seller's negligence or that of the Goods sold or agents.

 XI.        INTELLECTUAL PROPERTY RIGHTS

1. All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

 XII.        FORCE MAJEURE

1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract/purchase agreement.

 XIII.  RELATIONSHIP OF PARTIES

1. Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 XIV.        ASSIGNMENT AND SUB-CONTRACTING

1. The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

 XV.        WAIVER

1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 XVI.        SEVERABILITY

1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

  XVII.        GOVERNING LAW AND JURISDICTION

1. This Agreement shall be governed by and construed in accordance with the Laws of Singapore and the parties hereby submit to the exclusive jurisdiction of the Singapore International Arbitration Centre (http://www.siac.org.sg/).

2. Both parties agree and shall accepts the result of arbitration without further recourse to litigation.