Welcome to the fermata platform (the “Website”). Please read the following terms and conditions carefully before using the Website to ensure that you are aware of your legal rights and obligations with respect to ordering or purchasing any products (the “Goods”) from fermata Asia Pte Ltd (“fermata”) through the Website. By using the Website, you hereinafter give your irrevocable acceptance of and consent to the following Terms and Conditions below and/or Policies referred herein and/or linked hereto.
The type, specifications, quantity and price of the Goods shall be determined and circumscribed by the details contained in the listing on the Website.
2.1 Prices may be accurate at the time of publication but are not guaranteed until the time of purchase and acceptance as they may fluctuate even over short periods of time.
- Prices of Goods are subject to change without notice.
3.1 Upon successful receipt of the purchase price by fermata through your designated payment method, a confirmation email containing the details of your purchase will be sent to your account’s email address. You unequivocally agree that fermata will not be held liable for your failure or neglect in providing fermata with an email address that can receive any such confirmation emails.
3.2 Should your account have a history of unsuccessful deliveries or multiple cancellations, fermata reserves its right to reject any new orders from you in its sole and absolute discretion.
3.3 Changes to pricing or product specifications that are reflected on the Website will not retrospectively apply to purchase orders placed prior to any such change on the Website listing.
Until fermata confirms that it has received the full purchase price from you for the Goods purchased pursuant to its listing and all other monies due to fermata and relevant to the transaction and delivery of any such Goods, the Goods shall remain the sole and absolute property of fermata as legal and equitable owner.
In the event that the Goods are delivered to you before title of the Goods have passed from fermata to you, you shall be in possession of the Goods solely as bailee and fiduciary agent of fermata until you have paid for the Goods in full.
fermata reserves the right, in its sole and absolute discretion to limit or cancel quantities of Goods purchased for reasons including but not limited to:
6.1 Identified defects on the products to the delivered;
6.2 We could not deliver to the address provided by you (ie. to addresses outside of Singapore);
6.3 Loss of, misplacement of or damage to Goods; or
6.4 fermata identifies that your account has a history of failed orders, unsettled payments or fraudulent activity.
7.1 The Goods shall be delivered from fermata’s premises to your residential address or stipulated address of receipt;
7.2 Unless otherwise agreed, you shall pay for the carriage and delivery of Goods as reflected on the Website at time of purchase, which is subject to change from time to time; and
7.3 For delivery, fermata will endeavor to process your purchase order(s) within 2 – 3 business days of purchase, and for delivery to commence within 2 – 3 business days after the successful processing of your purchase order(s). However, there could be times where delivery could exceed the stipulated timelines above, and such delays, if foreseeable, will be stated on the Website listing.
You unequivocally agree and accept that any risk in relation to the Goods shall pass from fermata to you upon the Goods being handed over to you by fermata’s assigned courier service.
Save where the Goods are opened from their original packaging and used, you shall report any shortages in, breakages of or defects in the Goods to fermata within 7 days of delivery. Failing which, the Goods shall be conclusively presumed to have been in good order and in conformity with these Terms and Conditions.
fermata undertakes that it will at its option, either repair or replace the defective Goods to which defects have been found before use, or for products which constitute equipment, defects have been found after use of such equipment, within 7 days from the date of delivery, provided that:
10.1 You provide notice in writing of the claimed defects to fermata enclosing an image of the defect within 7 days of receipt of the Goods;
10.2 The claimed defects are found to fermata’s satisfaction to have arisen solely from faulty design, workmanship or materials;
10.3 The Goods acknowledged to be defective by fermata are returned at fermata’s expense;
10.4 The Goods which are returned for reasons other than product defects shall be returned at your expense;
10.5 Any repaired or replacement goods shall be redelivered by fermata free-of-charge to the original point of delivery, but otherwise in accordance with these Terms and Conditions;
10.6 In the alternative to the above, fermata shall be entitled in its absolute discretion to refund the Purchase Price of the defective Goods in the event that the you have already paid the Purchase Price; and
10.7 The remedies availed to you in the event that the Goods are defective as contained in these Terms and Conditions are exclusive, and you shall not be entitled to other remedies that may be available under application laws or regulations.
While fermata will do its utmost to ensure that all information on products and the Website are as accurate as possible, fermata does not warrant that product information or descriptions and content on the Website is free of all errors, complete or current. Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that relate to product information, promotions, price, product delivery charges, delivery time, inventory or offers. fermata reserves the right to correct or amend any such errors, inaccuracies or omissions at any time without prior notice to you.
fermata excludes all liability for any representation made by fermata or on fermata’s behalf to you or any party acting on your behalf in relation to:
12.1 The correspondence of Goods with any description;
12.2 The quality of the Goods; and
12.3 The fitness of the Goods for any purpose whatsoever.
13.1 fermata hereby excludes all conditions, undertakings and warranties implied by law in relation to the Goods.
13.2 The application of the Sale of Goods Act (Cap. 393) shall be excluded from these Terms and Conditions in its entirety, with the exception of Sections 12, 13, 14 and 15, and to the extent that it complies with the Unfair Contract Terms Act (Cap. 396).
Where any court or arbitrator determines that any part of this Agreement is, for whatever reason, unenforceable, fermata will accept liability for all loss and damage suffered by you but in an amount not exceeding the per unit contract price for the Goods.
These Terms and Conditions constitute the entire agreement between you and fermata and there are no other representations, understandings or agreements which are not fully expressed in these Terms and Conditions. These Terms and Conditions further supersede any previous agreements or understanding between the parties. In entering into these Terms and Conditions, the parties have not relied on any statement, warranty, representation, undertaking, promise or assurance of any person other than as expressly set out in these Terms and Conditions.
No waiver of a breach of the terms of these Terms and Conditions shall be effective unless made in writing and signed by the party granting the waiver, and no such waiver shall be deemed a waiver of any other existing or subsequent breach. A failure by you or fermata to exercise or enforce any rights conferred upon it by these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time. You are not entitled to rely on a delay in the exercise or non-exercise of a right arising from a breach of these Terms and Conditions or on a default under these Terms and Conditions as constituting a waiver of that right.
Should any of the provisions under these Terms and Conditions be held illegal or unenforceable, whether in whole or in part, under any enactment or rule of law, such term or part shall to that extent be deemed not to form any part of these Terms and Conditions, but the validity and enforceability of the rest of the Terms and Conditions shall not be affected.
You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
In the event that you or fermata shall be rendered unable to carry out the whole or any part of its obligations under these Terms and Conditions for any reason beyond the control of that party, including but not limited to, acts of God, force majeure, strikes, war, riot, pandemic, epidemic, health hazards and any other causes of such nature, the performance of the obligations under this Agreement of that party or all Parties as the case may be and to the extent that they are affected by such causes shall be excused during the continuance of any such cause, but such inability to carry out the whole or any part of its obligations under this agreement shall as far as possible be remedied with all reasonable dispatch.
Any and all notices required to be given under these Terms and Conditions by you or fermata shall be in writing and shall be sent by courier, by prepaid registered post or email. Any notice shall be deemed to be effectively given at the expiration of seventy-two (72) hours after by courier or by prepaid registered post whether or not received, or twenty-four (24) hours after dispatch to the correct email address if sent by email.
fermata may modify these Terms of Service at any time by posting the revised Terms of Service on the Website. Your continued use of this Website after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
Any dispute arising out of or in connection with these Terms and Conditions shall be submitted for mediation. Parties shall submit a request to the Singapore Mediation Centre or other equivalent mediation institution to mediate within forty-five (45) days of the dispute arising. Unless otherwise agreed by the Parties, the mediator will be appointed by the mediation institution. The mediation will take place in Singapore in the English language and you agree to be bound by any settlement agreement reached. Should Parties fail to reach a settlement through mediation, then the Parties may proceed to resolve the dispute in any other manner provided for in this Agreement. For the avoidance of doubt, the Parties shall be deemed to have failed to reach a settlement if either party serves a written notice terminating the mediation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore and the parties irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
fermata welcomes feedback from our Users which will enable fermata to improve the quality of our services. Please refer to our feedback procedure below for further information:
24.1 All relevant feedback should be sent by prepaid registered post to fermata Asia Pte. Ltd. at 30 Cecil Street, #19-08 Prudential Tower, Singapore 049712, or by email to firstname.lastname@example.org;
24.2 The feedback should include your account details, name, and the particulars of your feedback or complaint; and
24.3 fermata reserves its right to not entertain vague, defamatory or vexatious feedback in its sole and absolute discretion.