Last updated on: 5 December 2019

Terms & Conditions

These terms and conditions (i.e. the Terms) govern your purchase of the Products (as defined below). Please read these Terms carefully.

By placing an Order (as defined below) on the Website or by making a purchase of Products through the Website, you are agreeing to be bound by these Terms. If you do not agree to all of the terms of these Terms, you must not place an Order on the Website nor make a purchase of Products through the Website. This is a contract between (a) you (i.e. the Customer); and (b) Pigeon Singapore Pte. Ltd. (“PIGEON Singapore”) (UEN: 197800321C), a Singapore incorporated company with its registered address at 80 Bendemeer Road #06-01B, Singapore 339949

1      Interpretation

1.1       In these Terms:

“Acceptance” or “Accept(s)” means PIGEON Singapore accepting an Order from a Customer after having received such Order, by issuing the said Customer an Order Confirmation Email.

“Order Confirmation Email” means an electronic mail issued by PIGEON Singapore to the Customer’s registered email address with PIGEON Singapore, acknowledging and Accepting the Customer’s Order.

“Customer” means the person who Orders or purchases Product(s) from PIGEON Singapore through the Website.

“Customer Data” means all data including personal data that the Customer may provide or send to PIGEON Singapore or that PIGEON Singapore may receive from the Customer in the course of PIGEON Singapore dealing with the Customer’s Order and performance of the Contract. This includes personal data of Recipients that are provided by the Customer.

“Contract” means the contract for the sale by PIGEON Singapore and purchase by the Customer of the Product(s) that had been Ordered by the Customer and Accepted by PIGEON Singapore, with the terms of the Contract being these Terms.

“Delivery Address” means the address for delivery of the Ordered Products as provided or specified by the Customer for the Order.

“Delivery Due Date” means the delivery date of the Product(s) as stated during the checkout process when customer selects the shipping option; Standard delivery (2-3 days upon dispatch). Express shipping (1-2 days upon dispatch), or such other date as may be subsequently agreed to by the Parties.

“Delivery Expense” is defined at clause [8.1].

“Final Price” means the Price of the Products with Delivery Expense added to it.

“Guidelines” means any and all additional terms, guidelines, policies and/or rules prescribed or issued by PIGEON Singapore with respect to the Order, the purchase of the Products by the Customer, the delivery of the same, and/or any other matters related to the Order or the Products, whether existing now or issued by PIGEON Singapore at a future date, and which forms part of these Terms between PIGEON Singapore and the Customer  and that may be posted by PIGEON Singapore on the Website, including any revised or amended version of the same as issued by PIGEON Singapore from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to the Customer and the Customer is deemed to have accepted the same, from the time it is published on the Website.

“Intellectual Property Rights” or “IPR” means all vested, contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, trade marks, logos, service marks, devices, plans, models, diagrams, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.

“Non-refundable Products” are Ordered Products which cannot be returned to PIGEON Singapore for a refund as set out in Schedule 1.

“Order” means the action of the Customer in placing an order for Product(s) from the Website, such as by submitting a request to purchase the Product(s) through the Website, whether by clicking the button on the Website or completing the Website ordering process for the Product. “Ordered” shall be construed accordingly.

“Parties” or “parties” means PIGEON Singapore and the Customer.

“Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organisation has or is likely to have access.

“Price” means the price of the Product(s), as computed in the manner as set out in these Terms and in clause [6.2].

“Privacy Policy” means PIGEON Singapore’s privacy policy which describes how PIGEON Singapore handles personal data including setting out the Purposes, which may be found at : https://pigeonsg.com/pages/privacy-policy

“Product(s)” means the product or products (including any installment of the products or any part of them) Ordered by the Customer and/or described in the Order Confirmation Email.

“Purposes” means the purposes of collection, use, disclosure and/or processing of an individual’s personal data as set out in the Privacy Policy.

“Recipients” means addressee(s) and/or recipient(s) of Ordered Product(s). Such Recipients could be the individual representative of a Customer or any individual who receives the Product(s) at the delivery destination.

“Shipment Status Email” is defined at clause [7.4].

“Specifications” means the description of the Product(s), as found on the Website.

“Terms” means the terms and conditions of sale set out in this document.

“Website” shall mean the website of https://pigeonsg.com/ by which the Product(s) are presented for browsing by a Customer, for the Customer to Order.

1.2       Any reference in these Terms to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

1.3       The headings in these Terms are for convenience only and shall not affect their interpretation.

2      Use of the Website

2.1   Customers shall use the Website only for lawful purposes. Customers shall not use the Website:

      (a) in any way that breaches any applicable law, regulation or code of practice;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm minors in any way;

(d) to send, knowingly receive, upload, download, use or re-use any material which:

(i) is defamatory, obscene, hateful, discriminatory or inflammatory;

(ii) promotes violence, discrimination or illegal activity; or

(iii) infringes any Intellectual Property Rights, right of confidentiality or right to privacy;

(e) to generate and/or cause congestion to PIGEON Singapore’s network traffic in excess of reasonable and normal usage;

(f) to cause any disruption, interference, interruption or degradation in PIGEON Singapore’s network and/or the Website; or

(g) to knowingly transmit any data, send or upload any material that contains any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code.

2.2   The Customer shall ensure that all information supplied by the Customer on the Website is accurate, current and complete and the Customer is solely responsible for accessing and/or using the Website and its materials herein.

2.3   From time to time, PIGEON Singapore may without penalty or liability, disable any Customer account registered with PIGEON Singapore, if PIGEON Singapore is of the opinion that the Customer failed to comply with these Terms.

3      Links to other Websites

The Website may contain links to other websites and resources operated by third parties, including third party payment system providers. These links are provided for the Customer’s information only. PIGEON Singapore has no control over the content and the information contained in those websites or resources and accepts no responsibility for them for any loss or damage that may arise from the use of them. By using the Website, the Customer expressly relieves PIGEON Singapore from any and all liability arising from the Customer’s access and use of any third party website.

4      Basis of Purchase

4.1   The website is intended for Customers who are at least 18 years of age. Orders are to be only placed by an individual who is at least 18 years of age. By placing an Order, the Customer declares that he is 18 years of age and above.

4.2    When the Customer makes an Order, the Order constitutes an offer by the Customer to PIGEON Singapore for PIGEON Singapore to sell the Product(s) Ordered, based on and subject to these Terms. Under no circumstances does an Order in itself amount to a Contract.  All Orders shall be subject to Acceptance by PIGEON Singapore. No Contract for any Order is formed or concluded, unless and until PIGEON Singapore Accepts the Order in question. Until a Contract for an Order is formed, no Order is binding on PIGEON Singapore. PIGEON Singapore is under no obligation whatsoever to the Customer to Accept any Order. For the avoidance of doubt, the processing of payment by PIGEON Singapore of an Order, shall not in itself constitute Acceptance of the Order by PIGEON Singapore.

4.3   These Terms and any Guidelines shall apply to the Order for or purchase of any Products by the Customer from PIGEON Singapore through the Website.

4.4   The Parties acknowledge that a Contract is formed and is legally binding on the Parties only upon the satisfaction of the following events in the order as set out below:

(a) The Customer makes an Order; and

(b) PIGEON Singapore Accepts the Order by sending an Order Confirmation Email to the Customer’s registered email address with PIGEON Singapore.

4.5   In order for PIGEON Singapore to Accept the Order, the Customer shall complete payment of the Final Price when the Customer makes an Order.

4.6   PIGEON Singapore shall assign an order number to the Customer for each Order once PIGEON Singapore has Accepted the Customer’s Order.

4.7   The purpose of this provision is to provide for a situation where if for some reason PIGEON Singapore fails to send an acceptance by way of an “Order Confirmation Email”, but delivers the ordered product to the customer, then this clause provides that it is deemed that there is a contract between PIGEON Singapore and customer for the products.

5      Specifications

5.1   The description of the Product(s) shall, subject as provided in these Terms, be as specified in any applicable Specifications for the Product(s).

5.2   While PIGEON Singapore takes reasonable care to ensure that the Specifications are reasonably accurate, such Specifications, subject to certain exceptions such as pricing information, are based on data provided by PIGEON Singapore’s suppliers. Therefore, PIGEON Singapore shall not be liable for any and all errors in the Specifications. PIGEON Singapore makes no warranty nor guarantee as to the accuracy of the Specifications for the Product(s). Without prejudice to the generality of the foregoing, the Customer acknowledges that all images, photographs or videos of the Products presented, showcased, displayed, broadcasted and made available on the Website are for illustrative purposes only.

5.3   The Customer acknowledges and agrees that any description given of or applied to the Product(s) by PIGEON Singapore :

(a) is only for the purpose of identifying the Product(s);

(b) shall not make the Contract a sale by description; and

(c) is not relied on by the Customer when entering into the Contract.

5.4   Subject to the foregoing, in an event of erroneous Specifications, PIGEON Singapore encourages the Customers to at: [email protected]. To the extent not prohibited by applicable law, PIGEON Singapore expressly disclaims liability for all errors and omissions in the Specifications.

5.5    The availability of the Products presented on the Website depends on availability of stock and PIGEON Singapore does not guarantee the availability of the Products.

6      Price of the Product(s)

6.1   While PIGEON Singapore shall use reasonable effort to ensure that the Price of the Product(s) detailed on the Website is correct, PIGEON Singapore reserves the right to vary the Price of the Product(s) on the Website, at any time and without notice.

6.2   The are exclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Product(s) to the Delivery Address including being exclusive of any duties, impositions or levies, all of which shall be additionally payable by and be the responsibility of the Customer.

6.3   In the event that a Product is mispriced, PIGEON Singapore may, at its own discretion, cancel the Customer’s Order and notify the Customer of such cancellation, whether or not the Product(s) have been dispatched or that payment has already been made, without incurring any liability to the Customer. Where payment has already been made for a Product under a cancelled Order, PIGEON Singapore shall refund the monies paid by the Customer for that Product to the Customer’s credit card account that was used to make payment for that Product. Although PIGEON Singapore will begin processing the refund within 3 working days after notifying the Customer of the cancelled order, the processing of payment may take a longer time as it is subject to the respective banks and/or payment provider internal processing timeline.

7      Making of Orders

7.1   By making an Order, the Customer agrees to pay the Final Price for the Products Ordered, in accordance with these Terms. Upon making an Order, the Customer authorises PIGEON Singapore to charge the Customer the Final Price.

7.2   Once an Order has been placed on the Website, it may not be cancelled and PIGEON Singapore shall be entitled, but not obliged, to process such an Order without Customer’s consent.

7.3   PIGEON Singapore has absolute discretion to Accept an Order or to reject an Order, for any or no reason whatsoever. For the avoidance of doubt, PIGEON Singapore shall not incur any liability to the Customer arising from PIGEON Singapore’s rejection of the Customer’s Order. Should PIGEON Singapore choose to Accept the Order, PIGEON Singapore shall (but is not obliged to) send an Order Confirmation to the Customer’s registered email address with PIGEON Singapore, subject to clause [4.7]. The Order Confirmation Email may include (as determined or modified by PIGEON Singapore at its discretion):

(a) the Product(s) purchased by the Customer and Price;

(b) details of the Customer such as the Customer’s name, contact details, Delivery Address; and

(c) other details relating to the Order, which may include but is not limited to, order number, delivery instructions provided to the Customer and notice of the unavailability of certain Product(s).

7.4   PIGEON Singapore shall (but is not obliged to) send an email to the Customer’s registered email address with PIGEON Singapore to provide the Customer an update on the status of the shipment of the Product(s) purchased by the Customer (“Shipment Status Email”). The Shipment Status Email may include (as determined or modified by PIGEON Singapore at its discretion):

(a) Product tracking number

7.5   Where an Order is made and the Product(s) is unavailable :

(a) if PIGEON Singapore does not wish to Accept the Order (such as because the Product is out of stock and will no longer be offered for sale by PIGEON Singapore, or for any other reason) and the Customer has already made payment for the Product, PIGEON Singapore shall refund the monies paid by the Customer for that Product; or

(b) because it is temporarily out of stock, the Customer will have a choice to either cancel part of the Order which contains the unavailable Product(s), or to accept any delay in the delivery of the Product(s) as may be specified by PIGEON Singapore.

7.6   PIGEON Singapore reserves the rights to set the rules and policies regarding the payment methods and to make changes from time to time to such rules and policies. The payment for Products purchased from the Website by any Customer may be made via any methods that may be permitted by PIGEON Singapore.

8.    Delivery

8.1   Airfreight, shipment and/or delivery of the Product(s) shall be wholly at the Customer’s expense (“Delivery Expense”). .

8.2   PIGEON Singapore shall use reasonable endeavours to deliver the Product(s) by the Delivery Due Date to the Delivery Address. Should PIGEON Singapore fail to deliver the Product(s) by the Delivery Due Date, PIGEON Singapore shall use reasonable endeavours to deliver the Product(s) as soon as reasonably practicable thereafter. For the avoidance of doubt, the Delivery Due Date is no more than an estimate, and time shall not be of the essence. Notwithstanding anything that may be to the contrary, neither PIGEON Singapore nor its delivery provider shall be liable for any delay in delivery howsoever caused.

9.   Returns and Refund Policy

9.1   PIGEON Singapore allows Customers to return a Product because of a change of mind or because the Customer is not completely satisfied with the Product where the Product is not defective (for e.g, the Customer placed an Order by error for a Product of the wrong size or colour), subject to the terms in this Clause 9.

9.2   All Product return requests are to be submitted to and processed by PIGEON Singapore’s customer service channel at [email protected].

9.3   PIGEON Singapore accepts returns for Products that are unused and unopened in the original condition and packaging. All spare parts/individual parts/accessories, free gifts, warranties and manuals that came along with the Product must be returned along with the Product. This return policy is applicable only to Products which do not fall under the list of

9.4   In the event that the Product returned to PIGEON Singapore is in an unsuitable condition and/or falls under the list of Non-refundable Products as set out in Schedule 1, PIGEON Singapore reserves the right to reject the Product and may send back the Product to the original shipping address at the cost of the Customer.

9.5   If a Product is eligible for return, the Customer can return a Product by contacting PIGEON Singapore’s customer service channel at [email protected] or a return request with his or her order number, the reason for returning the product and the Customer’s contact number. PIGEON Singapore will contact the Customer within 48 hours from the submission of the Customer’s return request, acknowledging the return request.

9.6   If the return request has been acknowledged by PIGEON Singapore, the l and ensure that the Product reaches PIGEON Singapore days from the Customer’s date of receipt of the Product.

9.7   Where the Customer chooses to return the Product to PIGEON Singapore using a mode of delivery as elected by the Customer, the Customer understands that using such delivery method is at the Customer’s sole risk (including but not limited to possible theft of the delivered Products by third parties), and the Customer accepts all liability and risk of loss, theft, and damage to the Product. The Customer agrees that it will not hold PIGEON Singapore liable in any way whatsoever arising from such loss, theft, and damage to the Product.

9.8   The Customer shall bear all postage costs incurred for returning the Product to PIGEON Singapore and shall retain all proof of mailing until PIGEON Singapore informs the Customer that PIGEON Singapore has received he returned Product.

9.9  PIGEON Singapore shall refund the Customer once the returned Product has been processed by PIGEON Singapore. PIGEON Singapore shall issue the Customer . It may take up to 14 working days from the day PIGEON Singapore received the returned Product for the Store Credits to be issued to Customer.

9.10  PIGEON Singapore reserves the rights to withhold any refunds if the Customer’s Products have not reached PIGEON Singapore.

10.    Incorrect Products

10.1   If the Customer believes that an incorrect Product was delivered to the Customer, the Customer shall contact PIGEON Singapore with the Customer’s order number and a photograph of the Product.

10.2   Once PIGEON Singapore has ascertained that an incorrect Product was indeed delivered to the Customer, PIGEON Singapore will contact the Customer to send back the incorrect Product to PIGEON Singapore for a Product replacement and PIGEON Singapore will reimburse the Customer for all reasonable delivery costs incurred by the Customer. If a replacement Product is no longer in stock, PIGEON Singapore shall issue the Customer a full credit refund to the Customer’s credit card account that was used to make payment for the Order.

10.3   The Product returned to PIGEON Singapore must be unused and unopened in the original condition and packaging with all original tags intact and all spare parts/individual parts/accessories of the Product must be returned along with the Product. In the event that the Product returned to PIGEON Singapore is in an unsuitable condition, PIGEON Singapore reserves the right to reject the Customer’s request for a Product replacement and may send back the Product to the original shipping address at the cost of the Customer.

11.    Faulty Products

11.1   The Customer may reject Product(s), which are defective or do not conform with the Contract. If a Customer would like to reject a Product that is defective or do not conform with the Contract, the Customer shall contact PIGEON Singapore at [email protected] and provide the Customer’s order number, photograph of the defect, and whether the Customer would require a refund or a replacement.

11.2   The Customer shall return Products which are defective or do not conform with the Contract to PIGEON Singapore from the date of receipt of the Product from PIGEON Singapore. PIGEON Singapore will reimburse the Customer for all reasonable delivery costs incurred by the Customer. The Products returned to PIGEON Singapore must be unused and unopened in the original condition and packaging with all original tags intact and all spare parts/individual parts/accessories of the Product must be returned along with the Product. In the event that the Product returned to PIGEON Singapore is in an unsuitable condition, PIGEON Singapore reserves the right to reject the Product and may send back the Product to the original shipping address at the cost of the Customer.

11.3   Upon receipt of the Product(s), PIGEON Singapore will examine it and advise the Customer on the Customer’s right to a replacement or refund (if any) via the Customer’s registered email address with PIGEON Singapore as soon as practicable.

11.4   If the Customer elected for a replacement of the faulty Product and a replacement Product is no longer in stock, PIGEON Singapore shall issue a full credit refund to the Customer’s credit card account that was used to make payment for the Order.

11.5   In the event the Product returned by the Customer is determined by PIGEON Singapore at its sole discretion to be not defective or does conform with the Contract, PIGEON Singapore may at its discretion decide not to repair, replace or refund the Customer for the Product and/or may require the Customer to pay all reasonable carriage costs and servicing costs at PIGEON Singapore’s current standard fees and costs.

11.6     The Customer acknowledges and agrees that PIGEON Singapore only provides warranties related to the quality of the Products that are expressly mandated and required by applicable law. All other warranties are expressly excluded by PIGEON Singapore.

12.   Risk and Property

12.1   Risk of damage to or loss of the Product(s) shall pass to the Customer immediately upon delivery of the Product(s) to the Customer, or if the Customer wrongfully fails to take delivery of the Product(s), the time when PIGEON Singapore has tendered delivery of the Product(s).

12.2   The title in the Product(s) shall remain with PIGEON Singapore until PIGEON Singapore receives full payment of the Final Price for the Product(s).

12.3   Until such time as the title in the Product(s) passes to the Customer, PIGEON Singapore shall be entitled at any time to demand the Customer to deliver up the Product(s) to PIGEON Singapore and in the event of non-compliance PIGEON Singapore reserves the right to take legal action against the Customer for the delivery up of the Product(s) and also reserves the right to seek damages, expenses and all other costs including but not limited to legal fees against the Customer.

12.4   The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product(s) which remain the property of PIGEON Singapore. If the Customer does the foregoing, all moneys owing by the Customer to PIGEON Singapore shall, without prejudice to any other right or remedy of PIGEON Singapore, forthwith become due and payable.

12.5   If any or all of the provisions in this clause [12] are not in accordance with any laws of the country in which the Product(s) are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this clause [12], and the Customer shall take all steps necessary to give effect to the same.

12.6   The Customer shall indemnify PIGEON Singapore against any and all losses, damages, costs, expenses, and/or legal fees incurred by PIGEON Singapore in connection with the assertion and enforcement of PIGEON Singapore’s rights under this clause [12]

13.  Force Majeure

Without prejudice to clauses [12] and [15], PIGEON Singapore shall have no liability to the Customer whatsoever if it is prevented from or delayed in performing its obligations or delivery of the Ordered Products, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of PIGEON Singapore or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, terrorism, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic or default of suppliers or sub-contractors. This clause shall not apply to the Customer’s obligation to pay the Final Price.

14.  Termination

14.1  PIGEON Singapore shall be entitled, in its sole discretion, to immediately terminate the Contract if :

(a) the Product(s) specified in the Order is unavailable for any reason;

(b) the Customer is in breach of any obligations of these Terms;

(c) the Customer does not, within a reasonable time upon PIGEON Singapore’s request, provide PIGEON Singapore the necessary information for PIGEON Singapore to provide the Customer with the Product (e.g. delivery address and contact information of Customer);

(d) the Customer is in breach of the payment obligations under the Contract; or

(e) there is an occurrence of any event in which PIGEON Singapore, at its sole discretion, deems the Customer as being unable to fulfil any payment obligations under the Contract,

without prejudice to the rights or remedies available to PIGEON Singapore at law or under this Agreement. For the avoidance of doubt, the Customer agrees that PIGEON Singapore shall not incur any liability to the Customer whatsoever arising from such termination.

14.2  Upon termination of the Contract and if the Customer has already made payment for the Order, PIGEON Singapore will refund any payment made by the Customer for Products that were not delivered to the Customer less any costs incurred by PIGEON Singapore as a result of the Customer being in breach of any obligations of these Terms.

14.3  Upon termination of the Contract in accordance with these Terms, subject to clause [14.2], all obligations of PIGEON Singapore under the Contract shall immediately cease and PIGEON Singapore shall no longer be bound by such obligations. Without prejudice to the aforesaid, termination of the Contract shall be without prejudice to the liabilities of the Customer to PIGEON Singapore that have accrued up to the date of termination.

15.  Exclusion and Limitation of Liability

15.1  Notwithstanding anything herein stating to the contrary, under no circumstances shall PIGEON Singapore be liable (i) for any loss of profit, business, contracts, revenues, or anticipated savings or (ii) for any special, indirect or consequential damages of any nature whatsoever.

15.2  Under no circumstances shall PIGEON Singapore be liable for any losses or damages arising due to the Customer’s improper use of the Product(s) including without limitation due to a modification of or alteration to the Product(s) not authorized by PIGEON Singapore.

15.3  The Customer acknowledges that the Product(s) are manufactured by third parties and not by PIGEON Singapore, and unless prohibited by applicable law the Customer accepts and acknowledges that PIGEON Singapore shall not be liable for any losses or damages suffered by the Customer arising from the Customer’s use of the Product(s), unless such loss or damage to the Customer arises out of a negligent act of PIGEON Singapore.

15.4  To the extent permitted by applicable law, PIGEON Singapore shall not incur or accept any liability concerning any representation made by PIGEON Singapore (or made on PIGEON Singapore’ behalf) to the Customer (or any person acting on behalf of the Customer) prior to the making of the Contract where such representation was made or given in relation to the Conditions. “Conditions” shall mean (i) the correspondence of the Product(s) with any description; (ii) the quality of the Product(s); and/or (iii) the fitness of the Product(s) for any purpose(s) whatsoever (whether made known to PIGEON Singapore or not).

15.5  All terms, conditions or warranties implied by statutory or common law relating to the Conditions are excluded from the Contract to the fullest extent permitted by law.

(a) PIGEON Singapore shall further be under no liability in respect of :

(b) any allergies or other health or medical condition suffered by a Customer; and any defect to any Product, arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow instructions (whether oral or in writing) misuse or alteration or repair of the Product, addition and insertion of parts, in particular of spare parts which do not come from PIGEON Singapore or without the approval of PIGEON Singapore.

15.7  The Customer acknowledges and agrees that PIGEON Singapore makes no warranty whatsoever to the Customer as to the Website, or the provision and use thereof, whether express or implied, and that the services and information presented on the Website are provided on an “as is” and “as available” basis at the Customer’s sole risk. PIGEON Singapore makes no representation or warranty of any kind, express or implied, with respect to the functionality, operation, content or otherwise of the Website and does not represent or warrant that such Website or any part thereof is free from defect, failure or interruption or that they are fit for the Customer’s purposes or any particular purpose. Without prejudice to the foregoing, PIGEON Singapore makes no warranty in respect of, and to the fullest extent allowed by law, no such party shall have any liability, whether direct or indirect, to the Customer for:

(a) the accuracy, timeliness, completeness, reliability, performance, fitness for purpose or continued availability of the Website;

(b) delays, error, omissions, failure, inoperability or interruptions in the Website; and/or

(c) any virus or other destructive, malicious or corrupting program, code, agent, script or macro.

15.8   PIGEON Singapore shall owe no duty or obligation to the Customer to verify any information displayed on the Website.

15.9  To the extent that any exclusion of liability under these Terms is not permitted by law, in no event shall PIGEON Singapore’s total and cumulative liability for all losses or damages arising out of or in connection with the Contract exceed the Price actually paid to and received by PIGEON Singapore under the Contract.

15.10 No action may be brought under the Contract by the Customer against PIGEON Singapore more than 1 year after its termination or from the actual delivery of Product(s) to the Customer, whichever happens first, or in the event of default by PIGEON Singapore, more than 1 year after the occurrence of such default.

16.  Indemnity

The Customer agrees to indemnify, defend, hold harmless PIGEON Singapore, its directors, officers, employees, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the Customer’s use of the Website and/or the Customer’s breach of these Terms.

17.  Survival after Termination or Expiration

Any termination of the Contract (howsoever occasioned) shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

18.  Intellectual Property

The Customer acknowledges that PIGEON Singapore or third parties (as the case may be) own all rights, title and interest in the Intellectual Property Rights to the Website and the contents therein, and the Customer shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. Unless otherwise expressly permitted by mandatory applicable laws, the Customer agrees not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website. Without prejudice to the generality of the foregoing, the Customer shall not use in any way and shall not reproduce any trade marks that are associated with PIGEON Singapore and/or that the Customer has sight of when accessing and using the Website without the prior written consent of PIGEON Singapore. Except as expressly stated in these Terms, these Terms do not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website and/or the contents therein.

19.  Personal Data

19.1  The Customer acknowledges that in order for PIGEON Singapore to deal with the Order, PIGEON Singapore would need to process the personal data of Customer and any relevant third parties.  By entering into a Contract, the Customer agrees to the terms in the Privacy Policy found on the Website at https://pigeonsg.com/pages/privacy-policy and on how the Customer’s personal data may be collected, used and/or disclosed as set out in the Privacy Policy.

19.2  The Customer represents and warrants that :

(a) for Customer Data that the Customer will be disclosing or discloses to PIGEON Singapore, that the Customer would have prior to disclosing such personal data to PIGEON Singapore obtained consent from the individuals whose personal data are being disclosed, to :

(i) permit the Customer to disclose the individuals’ personal data to PIGEON Singapore for the Purposes; and

(ii) permit PIGEON Singapore to collect, use, disclose and/or process the individuals’ personal data for the Purposes, including disclosing the said personal data to PIGEON Singapore’s third party service providers or agents, which may be sited outside of Singapore, for the Purposes and such third party service providers or agents of PIGEON Singapore processing their personal data for the Purposes;

(b) any personal data of individuals that the Customer will be or is disclosing to PIGEON Singapore are accurate; and

(c) for any personal data of individuals that the Customer will be disclosing or discloses to PIGEON Singapore, that the Customer is validly acting on behalf of such individuals and that the Customer has the authority of such individuals to provide their personal data to PIGEON Singapore and for PIGEON Singapore, its third party services providers and agents to collect, use, disclose and process such personal data for the Purposes.

20.  General

20.1  Notwithstanding anything to the contrary, PIGEON Singapore shall only accept returns, grant replacements and refunds on the condition that the Products being returned, replaced or refunded were purchased from the Website. Products that are not purchased from the Website are not eligible for returns, replacements or refunds under these Terms. Products purchased from PIGEON Singapore’s retail stores are subject to the terms and conditions stated on the purchase receipts.

20.2  The Customer shall not assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without the prior written consent of PIGEON Singapore. PIGEON Singapore may at its absolute discretion assign, transfer, charge or otherwise deal with the Contract or any obligation under the Contract, without the prior written consent of the Customer. Without prejudice to the generality of the aforesaid, PIGEON Singapore may at its absolute discretion sub-contract its obligations under the Contract at any time and PIGEON Singapore shall be entitled to perform any of the obligations undertaken by it and to exercise any of the rights granted to it under the Contract through any of its related corporations.

20.3  Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its address or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

20.4  The failure of PIGEON Singapore to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

20.5  If any provision of these Terms is held by the courts to be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.

20.6  Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contracts (Rights of Third Parties) Act and any re-enactment thereof, the application of which legislation is hereby expressly excluded.

20.7  The Contract contains the whole agreement between the Parties in respect of the subject-matter of the Contract and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject-matter.

20.8  The Contract shall be governed by the laws of Singapore. Any claim or dispute arising out of or relating to these Terms and/or your access to and/or use of the Website which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the Singapore courts.

21.  Store Credits

21.1  PIGEON Singapore shall issue the Customer Store Credits of a value that is equivalent to the amount paid by the Customer for Products returned to PIGEON Singapore in situations where the Customer returns a Product because of a change of mind or because the Customer is not completely satisfied with the Product where the Product is not defective (for e.g, the Customer placed an Order by error for a Product of the wrong size or colour), subject to clause 9.

21.2  For the avoidance of doubt, subject to clauses 10 and 11 respectively, where the Customer returns a Product to PIGEON Singapore because an incorrect or faulty Product was delivered to the Customer, PIGEON Singapore shall issue a full credit refund to the Customer’s credit card account that was used to make payment for the Order.

21.3   Store Credits are valid for 3 months from its date of issue.

21.4   Store Credits are strictly non-refundable, non-extensible and non-transferable.

21.5   Any unused value in a Store Credit voucher will remain in the Customer’s account and can be applied to the Customer’s next order.

22.  Updates

22.1  These Terms may be amended or supplemented from time to time by PIGEON Singapore at its sole discretion, by posting revisions or a revised/amended set of the Terms on the Website. Such amended Terms shall become legally binding upon the Customer upon their posting on the Website.

22.2  All Customers are encouraged to check back frequently to be well informed of any changes to the Terms.

SCHEDULE 1

Non-refundable Products

Products purchased on sale are non-refundable.

In addition to Products purchased on sale, the following products are non-refundable:

• Baby food and snacks