Description of Services
Pink Orchard provides customers with access to purchase luxury and lifestyle products online, as well as other services that may be introduced from to time to time. Access to the Site may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and be responsible for all equipment necessary to access the Site.
You are eligible to use the services offered by us only if you satisfy the following:
- You agree to abide by and comply with the T&C at all times
- You have provided all information we require in connection with your registration or check out, and that this information is accurate, complete and current.
- You promptly maintain and update said information so as to ensure its accuracy at all times
- You agree that the use of our services or your registration with us shall be conditional at all times on your complying and observing these T&C.
Pink Orchard services are not available to minors under the age of 18 or to any users suspended or removed by Pink Orchard for any reason. Pink Orchard may sell products for children, but it sells them to adults, who can purchase with a credit card or permitted payment method. Users may not have more than one active account. If you do not qualify, you may not use the Site. Pink Orchard reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Use of the site
You must not: (a) attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site; (b) distribute, modify, copy, publish, transmit, display, sell, license, use reuse or create derivative works of any of the contents of or material displayed on the Site for any public or commercial purpose without our written consent; (c) post false, inaccurate, misleading, defamatory, or libelous content; and/or (d) access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.
Accuracy of Site Content
While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. The information may contain typographical errors, pricing errors, and other errors or inaccuracies, and errors will be corrected as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. We reserve the right to adjust and/or restrict the amount of information that you are entitled to view on the Site.
Intellectual Property Rights
All content included on this Site, such as text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Pink Orchard and/or its content on this Site is the exclusive property of Pink Orchard and protected by Singapore and international copyright laws and/or other laws. None of the content may be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
We will not hesitate to take legal action against any unauthorized use of any trademarks, name or symbols displayed on the Site to preserve and protect the rights in them. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
Credit Card Payment
In a credit card transaction, you must use your own credit card. Pink Orchard will not be liable for any credit card fraud. The liability for any fraudulent use of a credit card will be on the user and the onus to prove otherwise shall be exclusively on the user.
We aim to deliver the items to you at the place of delivery requested by you in your Order.
- Your package is estimated to arrive within 3 business days from the order date but we cannot guarantee any firm delivery dates. We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the items, you may be required to sign for delivery. You agree to inspect the item for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered item in case of future discussions with us about it.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternate delivery address.
- We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
- You shall ensure that you are ready for safe receipt of the item without undue delay and at any time reasonably specified by us.
- If you are not available to take delivery or collection, you will be advised via a card giving you instructions on either re-delivery or collection from the carrier.
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the item to you) accept delivery or collect the item from the carrier, then we may (without affecting any other right or remedy available to us): a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or b) no longer make the item available for delivery or collection and notify you that we are immediately cancelling the order, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the order, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).
- All risk in the item shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the item.
- You must take care when opening the item so as not to damage it, particularly when using any sharp instruments.
- It is your responsibility to ensure that the items are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the items will meet your individual requirements. You acknowledge that the items are standard and not made bespoke to fit any particular requirements that you have.
Pink Orchard reserves the right to terminate the services or part thereof, with or without any cause at any time. We shall not be liable for any damages, losses, cost or expenses howsoever caused by or arising out of termination of any part of the services, to you or any other individual.
This termination may apply to the voiding of the sale of all products on Pink Orchard, regardless of whether payment has been made (in which case the payment shall be refunded to the customer or the issue resolved on a case-by-case basis). The cancellation, blocking or denying of a sale or purchase can be effectuated in the event of suspected fraud, hacking or technical or server complications.
Links from the Site
Pink Orchard or third-party sites may provide links to other websites or resources. Because Pink Orchard has no control over such sites and resources, you acknowledge and agree that Pink Orchard is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pink Orchard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer and Exclusion of Liability
This Site, the services provided hereunder, the information on this Site and use of all related facilities are provided on an ”as is, as available” basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its content, including in relation to any inaccuracies or omissions on this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
Pink Orchard does not warrant that the Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Site will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
IN NO EVENT SHALL PINK ORCHARD, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY PINK ORCHARD, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF PINK ORCHARD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PINK ORCHARD, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO PINK ORCHARD IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL PINK ORCHARD, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF PINK ORCHARD.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
Pink Orchard shall not be liable for any failure to perform any of our obligations under these T&C if such failure is the result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other act of God. We also do not assume any liability for harassing, offensive, defamatory or obscene material distributed through Pink Orchard accounts, nor do we assume liability for information which may be in violation of the third party's intellectual property or other rights.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
Although we use reasonable endeavours to ensure that any software made available on this Site is suitable for downloading, installation and use by third parties, all such software is provided "as is" without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use.
All products sold via Pink Orchard are on an 'as-is' basis and we make no warranties of merchantability, quality, fitness for a particular purpose, availability or non-infringement and we disclaim all implied warranties from course of dealing or usage of trade.
We make no representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using this Site, you agree to indemnify and hold Pink Orchard (and its officers, directors, employees, agents, subsidiaries, affiliates and joint ventures) (each an "Indemnified Person") harmless from any claim or demand, action, suit or proceeding brought or threatened to be brought against any Indemnified Person which is caused by or arising out of (i) your access and/or use of the Site, (ii) your and any other party's access to this Site using your Pink Orchard username and/or password, and/or (iii) your breach of any of these T&C, and to pay such Indemnified Person damages, costs and interest in connection with such claim, demand, action, suit or proceeding.
Pink Orchard takes pride in our reputation for quality and excellent value. For any incorrect or defective merchandise received, we have a 3 business day return policy upon receipt of order, subject to the following Terms & Conditions:
- Merchandise must be in their original purchase condition, including the original product packaging, manufacturer's containers, sales invoice and any documentation, warranty cards, manuals and all accessories. All packaging must not be damaged or defaced in any manner.
- Any merchandise purchased with tags attached must be returned with those tags intact.
- There will be no returns for certain accessories such as earrings due to hygiene reasons.
- This return policy does not apply to merchandise which have been stated as Non-exchangeable, Non-refundable by Pink Orchard.
- All Sales Merchandise are Final Sales, and are Non-exchangeable & Non-refundable.
All returns will be reviewed first by Pink Orchard and we reserve the right to perform remedies including:
- Replacing the merchandise with a new item of the same design and model, or
- Full refund in Pink Orchard credits which are redeemable within three months.
- Refund in cash less all shipping costs
- Except in the case of incorrect or defective merchandise, the cost of all shipping costs will be borne by you.
For all return requests, please email us at firstname.lastname@example.org including your contact details, order number and the reason for your return. You can also reach us at 6337-9813 between Mon-Fri (12noon-7pm) or Sat (12noon-3pm) or call our Hotline at 9235-4455.
Thereafter, please return the item (within 3 business days of receipt of order) to:
Pink Orchard Pte Ltd
70 Stamford Road, #B1-25
Li Ka Shing Building (SMU)
Applicable Laws & Jurisdiction
These T&C and your use of the Site shall be governed by the laws of the Republic of Singapore. As a user of the Site, you hereby accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of any dispute or difference arising out of and/or in connection with this T&C and your use of the Site.