Terms & Conditions of Business
Terms & Conditions of Business
When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website.
Please note that shop.tommyprint.com.sg has the right to modify these Terms and Conditions of Business and, thus, you should review them periodically.
If you have any enquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to here.
“Seller” means Tommy Printhub (a Lyrical Muse company) trading as ”shop.tommyprint.com.sg”whose registered address is at 512 Chai Chee Lane, #07-13/14, Singapore 469028.
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or Services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 10, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. BASIS OF SALE
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorised representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. ORDER, SPECIFICATIONS & LEAD TIME
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ as a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system used by Tommy Printhub.
d. The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor.
e. Production of all items ordered is subject to the predefined turnaround time or "Production Time" and will not begin until an order is fully paid, including print surcharge, express charges, delivery and handling fees
f. Once the print file(s) associated with an order have been approved by the Buyer, the order will be "In Production" and no changes will be allowed to the print files, job characteristics, or printing turnaround time. After an order is In Production, the entire amount of the order along with applicable print surcharge, express charges, delivery and handling fees shall be deemed fully paid and non-refundable, except as provided for in the Returns, Refunds & Cancellation clauses below.
g. Except as provided for in the Returns, Refunds & Cancellation clauses below, any payment received from the User shall be deemed fully paid and non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the Buyer's initial submission even where the print job never reaches the "In Production" or shipment phase due to no fault of shop.tommyprint.com.sg, (e.g. the Buyer fails to respond to approval of proof/print job, Buyer fails to provide information to complete the print job or shipment, Buyer otherwise fails to cancel his or her order prior to reaching the "In Production" phase, etc.)
4. PRICE, PAYMENT & CURRENCIES
a. Prices are clearly marked in Singapore Dollars (SGD). The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by Credit card, Debit card or DBS PayLah at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s Credit card, Debit card or PayLah details before accepting the Buyer’s Order.
d. If the Buyer's credit card is declined, the Seller will not process the Buyer’s order. If the order is shipped and should the Buyer's account become delinquent, the Buyer is bounded to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. In the event that the Seller must commence legal action to enforce any terms of this agreement, the Buyer agrees to pay reasonable legal fees and costs.
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be through third party courier service, local postal door to door delivery service or regular postage.
b. The Seller will endeavour to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an instalment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by instalments. If the Goods are to be delivered in instalments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the instalments or if the Buyer has a claim in respect of any one or more of the instalments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price.
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. RISK & PROPERTY
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. RETURNS, REFUNDS & RIGHTS OF CANCELLATION
a. At shop.tommyprint.com.sg, we strive to provide our Buyers with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Our representative will document your complaint and create a ticket for your reference.
- 100% reprint on any defective print orders
- 100% Free expedited reprint on any orders lost in transit
- 10% Refund for every business day that your order is printed late
All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the Buyer or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of Tommy Printhub. In most cases, Buyers will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager's discretion. Refunds issued for late turnaround will be limited to no more than $200 and calculated as 10% of print total (excluding tax, shipping, handling, and design services) for every business day (excluding weekends, public holidays and designated holidays) that the order was late.
b. No refunds and amendments are allowed once the order is processed and/or shipped.
c. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
- if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
- in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 2 days after receipt).
d. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalised.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
f. Shipping and handling charges are no longer refundable once the package is picked up by the third party courier or droppped off at the post office.
8. COLOUR ACCURACY
a. The Seller will reproduce colour from submitted print-ready files as closely as possible, but we cannot exactly match color and density (as viewed in a 5000K light booth). Due to inherent limitations of CMYK printing process, as well as neighboring image ink requirements, the accuracy of colour reproduction is not guaranteed.
b. The Seller will try our best to match the gradient density of each color, but will accept no responsibility for colour variations between screen proofs, submitted files and the final printed piece.
c. Under no circumstances will a reprint be honored for colour variations that have occurred during the printing process. The Seller will not be liable for colour matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
d. Application of postpress finishing like lamination, aqueous and UV coating may effect or change the appearance of the printed colors. The Seller will not liable for the final color appearance of a laminated or UV coated product.
9. LIMITATION OF LIABILITY
a. The Seller will not be liable in contract or in tort (including negligence) to the Buyer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations. The Seller shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages.
The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8b.
c. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
d. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
e. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the shop.tommyprint.com.sg website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
f. In no event will any third party marketing partner or affiliate (e.g. Facebook, Instagram) have any liability whatsoever to Buyer in connection with the services provided through the shop.tommyprint.com.sg website. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
10. INTELLECTUAL PROPERTY
a. This website is owned and operated by the Seller. Unless otherwise noted in this website, shop.tommyprint.com.sg owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trade marks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of shop.tommyprint.com.sg's copyright. Additionally, the shop.tommyprint.com.sg website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of shop.tommyprint.com.sg or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The Tommy Printhub logo, name, and other marks indicated on the website may not be used in connection with any product or service that is not shop.tommyprint.com.sg's in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Seller. All other trademarks not owned by shop.tommyprint.com.sg that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by shop.tommyprint.com.sg.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller, the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
11. DATA PROTECTION
By placing an order with shop.tommyprint.com.sg, the Buyer consents to its details being passed on for accounting and marketing purposes. The details will be kept even after the Buyer’s trading relationship with the Seller has terminated. The Seller may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that consider may be of interest to other customers.
12. GENERAL & MISCELLANEOUS
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
- if sent by personal delivery, upon delivery at the address of the relevant party; or
- if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
- the date specified as the date on which the change is to take place; or
- if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing Law & Jurisdiction
(i) The terms and conditions and all other express terms of the contract between the Buyer and the Seller shall be governed by and construed in accordance with the law.
(ii) Courts shall have jurisdiction in relation to any maters arising in connection with any contract with the Buyer and the Seller into which these terms are incorporation.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the moo.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on shop.tommyprint.com.sg website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the shop.tommyprint.com.sg website is accurate, complete, reliable, current, or error-free.
All Conditions and Section Headings are for convenience of reference only and shall not affect the interpretation of the Contract.
j. User Registration, Eligibility & Account Activity
In registering for a shop.tommyprint.com.sg user name, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the shop.tommyprint.com.sg website is accurate. Falsifying or omitting contact information such as a member' s name, address, and mobile number when registering with shop.tommyprint.com.sg is not permitted. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
k. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating the Terms and Conditions of Business. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
l. Seller's Right of Removal of Materials & Information
The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the shop.tommyprint.com.sg website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
m. Buyer Indemnification of shop.tommyprint.com.sg
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from the Buyer's submissions to the shop.tommyprint.com.sg website, and/or from the Buyer's unauthorised use of material obtained through the shop.tommyprint.com.sg website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer's use of the shop.tommyprint.com.sg website.
n. Seller's Right of Change & Amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.