1.1 Access to and use of this Website and the product(s) and services available through this Website (collectively, the "Services") are subject to the following terms and conditions (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated from time to time. Please check this page regularly to be updated of any changes we may have made to the Terms of Service.
1.2 We reserve all rights to withdraw or amend any of the Services without notice. We will not be held liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.
1.3 This page tells you the terms and conditions (our Terms and Conditions) on the supply of the product(s) [the Product(s)] listed on our website www.shopCumulus Nimbus.com (herein referred as “The Website’) to you. Please read through the terms and conditions thoroughly before ordering any product(s) from this website. By ordering any of our product(s), you understand and agree to be bound by the following terms and conditions:
1.3.1 "Account" means you are required to register on the Website if you would like to submit and place an Order on the Website;
1.3.2 "Acknowledgement" means our acknowledgement of your Order via email;
1.3.3 "Our Contract" means our email to you, in which we accept your Order of a Product(s) in accordance with these Terms and Conditions which we accept in accordance with in accordance with Clause Two (2) below;
1.3.4 “International Shipping” means shipping to locations outside Singapore. Please see Clause Three (3) for the details;
1.3.5 "Disclaimer of Liability" has the meaning given to it in Clause Six (6) of these Terms and Conditions;
1.3.6 "Working Day" means a day which is neither (a) a Saturday nor Sunday, or (b) a public holiday anywhere in Singapore;
1.3.7 "Customer" means the individual who places an Order on the Website;
1.3.8 "Order" means the order submitted by you to the Website to purchase a product(s) from us;
- Our Contract
2.1 To place an Order, you must register for an Account on the website and you must follow the instructions as to how to make your Order and/or for making changes to your prospective Order before you submit it to the website.
2.2 By placing an order you are offering to purchase a product(s) and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
2.3 In order to be in contract with Cumulus Nimbus you must be over 18 years of age and possess a valid Paypal account.
2.4 When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. The email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your PayPal account.
2.5 For payment using Paypal, your order will remain valid as an offer for up to 24 hours only. Upon verifications from our end, an order confirmation email will be sent to you.
2.6 We shall not be obliged to supply the Product(s) to you until we have accepted your order and payment. We will acknowledge your order by sending you an email with an Order ID reference number and details of the Product(s) you have ordered.
2.7 When you submit an Order to the Site, you agree that you are subject to the Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
2.8 Cumulus Nimbus retains the right to refuse any request or accept any order made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of shipping services may fluctuate. All prices advertised are subject to such changes.
2.9 You shall pay for the Product(s) in full at the time of ordering by supplying us with your credit/ debit card details from a credit/debit card such as Mastercard, Visa and Amex acceptable to us by Paypal which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment. Until the time when we accept your Order, we reserve the rights to refuse to process your Order.
2.10 Notwithstanding of any previous price you have seen, once you select a Product(s) that you wish to Order, you will then be shown (on the website) the charges you must pay and any applicable delivery and international shipping fees. Unless otherwise stipulated on the Website, all charges are in the currency of Singapore Dollars (SGD$) and this is the total amount that you will pay for the ordered Product(s).
2.11 Dispatch times may vary according to availability and any agreements made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
2.12 If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
2.13 We will try our best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
2.14 A Contract will relate only to those Product(s) whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Product(s) which may have been part of your Order until we have sent a Confirmation of Order in relation to those Product(s).
3.1 We will target to deliver the Product(s) to you at the place of delivery requested by you in your Order.
3.2 We will target to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date or guarantee any firm delivery dates when you submit your Order or at the Confirmation of Order.
3.3 We shall let you know if we anticipate that we are unable to meet our estimated delivery date, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.4 On delivery of the Product(s), should there be any case of faults, defects or damages, please write in to Cumulus Nimbus at firstname.lastname@example.org immediately. You should hold on to the documents and packaging delivered with the Product(s) until further advice to return the defected product(s).
3.5 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 alternative delivery address.
3.6 We deliver but not limited to 55 countries globally and all local and international shipping fees will be calculated at checkout payment page.
3.7 All risk in the Product(s) shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when the risk passes to you, we will not be liable for loss or damage of the Product(s).
3.8 If you are not available to take delivery or collection, the carrier will leave a note giving you instructions on either re-delivery or self-collection.
3.9 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within 14 working days of our first attempt to deliver the Product(s) to you) accept delivery or collect the Product(s) from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
3.9.1 charge you for our reasonable storage fee and other costs reasonably incurred by us; or
3.9.2 no longer make the Product(s) available for delivery or collection and we will notify you immediately that we are cancelling the applicable Contract, in which case we will refund to you or your credit/debit card company, Paypal or bank account as applicable, any money already paid to us under the applicable Contract, less our reasonable administration charges which includes attempting to deliver and then returning the Product(s), and any storage fees as provided for.
3.10 It is your responsibility to ensure that the Product(s) are suitable for your purposes and meet your individual requirements. We do not warrant that the Product(s) will meet your individual requirements. You acknowledge that the Product(s) are standard and not custom-made to fit any particular requirements that you may have.
4.1 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
4.2 The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5.1 We may cancel a Contract if the Product(s) is not available for any reason. We will notify you if this is the case and return any payments that you have made.
5.2 For any agreed refunds, we will usually refund the money using the same payment methods that you had originally used to pay for the Product(s).
- Disclaimer of Liability
6.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
6.1.1 The performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
6.1.2 Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
- Complaints management
7.1 We place great value and emphasize on our customer satisfaction, as such we will try to resolve disputes when they first arise;
7.2 You may contact us at any time through email@example.com. We will attempt to address your concerns as soon as possible at a reasonable time-frame and we will contact you upon receipt of any relevant enquiry or complaint.
7.3 In the event of a complaint, it will help us if you can describe the purpose of your complaint as exact as possible and, where applicable, send us copies of the Order or at least the Order ID reference number that we assign you in the Acknowledgement or Confirmation Order. Should you not have received any reaction from us within Seven (7) Working Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or the correspondence that we send to you may otherwise not have reached you.
8.2 For data protection, please see our Private Policy, which forms part of these Terms and Conditions.
- Force Majeur Clause
9.1 We shall not be responsible to you for any failure to perform our obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure, including without limitation to any natural disasters, unavoidable incident, actions of third parties, hackers, suppliers, governments, quasi-governmental, supra-national or local authorities, civil commotion, riot, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.
9.2 Either we or you may terminate a Contract forthwith by written notice to the other in the event of Force Majeure that lasts for a period of two (2) Working Days or more, in which neither we nor you shall be liable to the other by reason of such termination (other than for the refund of a Product(s) already paid for by you and not delivered).
9.3 If we have contracted to provide identical or similar Product(s) to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
10.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
10.2 Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
11.1 We shall keep a record of your Order and these Terms and Conditions until two (2) years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
11.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
11.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
11.4 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
11.5 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
11.6 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singaporean Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Singaporean Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
11.7 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.