1.1 These Terms & Conditions govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these Terms & Conditions.
1.2 In this site:
1.2 a) “Account” means the account that you register for on the website;
1.2 b) “Acknowledgement” means our acknowledgement of your order by email;
1.2 c) “Breach of Duty” has the meaning given to it in clause 9.11(b);
1.2 d) “Working day” means a day which is neither a Saturday nor Sunday, nor a public holiday in Singapore;
1.2 e) “Confirmation of order” means our email to you, in which we accept your order in accordance with clause 3.9;
1.2 f) “Contract” means your order of product(s) which we accept in accordance with clause 3.9 below;
1.2 g) “Customer” means individual who places an order on the website;
1.2 h) “Liability” has the meaning given to it in clause 9.11(a);
1.2 i) “Order” means the order submitted by you to the website to purchase Product(s);
1.2 j) “You” means the Customer who places an order;
1.2 k) References to “clauses” are clauses of these Terms & Conditions;
1.2 l) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.2 m) References to “includes” or like words or expressions shall mean without limitation.
1.3 These Terms & Conditions are our copyrighted intellectual property. Used by third parties – even extracts for the commercial purposes of offering goods and/or services – is not permitted. Infringements may be subject to legal action.
2.1 These Terms & Conditions shall apply to all contracts made or to be made by us for the sale of products. Nothing stated here affects your statutory rights.
2.2 These Terms & Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
2.3 No other terms or changes shall be binding unless agreed in writing signed by us.
How a contract is formed
3.1 When making an Order, you must register for an account on the website as detailed in clause 9, and follow the instructions on the website on how to make order and for making changes to your order before submitting it.
3.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the site, all charges are in SGD. Subject to clause 3.11 below, this is the total that you will pay for receipt of the ordered product.
3.3 You shall pay for the product in full at the time of ordering by supplying us with your credit/debit card details that is acceptable to us or by PayPal, which we require in order to process your order.
3.4 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the payment.
3.5 You undertake that all details provided to us for the purpose of purchasing the Product, are correct. We reserve the right to obtain validation of your payment details before providing you with the product.
3.6 You are responsible for reviewing the latest Terms & Conditions each time you submit your order.
3.7 Your order remains valid as an offer until we issue our confirmation of order
3.8 We shall not be obliged to supply the product to you until we have accepted your order. Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.9 A Contract shall be formed and we shall be legally bound to supply the product to you Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” (email confirmation). It shall be deemed to come into effect when it has been dispatched by us. Until the time when we accept your Order, we reserve the right to refuse to process your Order and we will refund any payment made by you.
3.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at +65 9322 3166 immediately. However, we cannot guarantee that we will be able to amend your Order.
3.11 We try to ensure that the price given to you is accurate. If the price for the Order changes before we accept your Order, we will contact you and seek confirmation that you wish to proceed at the amended price only during working days and hours.
3.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We are not obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
3.13 You must only submit to us information which is accurate and not misleading and you must keep it up to date and inform us of changes.
4.1 We may cancel a contract if the product is not available for any reason. We will notify you and return any payment that you have made.
4.2 We will usually refund any money received from you using the same method used by you to pay for the product.
Cancellation by Customer (Non-Faulty Product)
We do not allow cancellation of orders by customers. Please review your order carefully before placing order, once orders are placed, we are not able to modify or cancel it.
6.1 We warrant that:
6.1 a) the Product will be delivered undamaged in the quantities ordered; and
6.1 b) the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order;
6.2 The Product is to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product in accordance with those instructions.
6.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
6.4 We try to deliver Products in excellent condition. However, in the event that the Product is faulty, you agree to keep the Product in its current condition available for us to inspect within a reasonable time.
6.5 In order to provide you with any remedies for a faulty Product, please email us at email@example.com with the following information:
6.5 a) Your name, contact number, order number and tracking number (if any) and item name and other information that you deem necessary.
6.5 b) You specifying with reasonable detail the way in which it is alleged that the Product is damaged;
6.6 If you would like us to replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
6.6 a) been subject to carelessness, damage or abnormal conditions; or
6.6 b) after delivery by us, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs at our current standard fees and costs and charge this to your credit/debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses.
7. Limitation of Liability
7.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
7.1 a) the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or
7.1 b) otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.
8.Guarantee and complaints management
8.1 We shall perform our obligations under these Terms & Conditions with reasonable care.
8.2 We place great value on customer satisfaction. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
8.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and send us copies of the Order or at least the order number via email. If you do not receive a confirmation from us within 5 Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters and may not reach us, or the correspondence that we sent to you may otherwise not have reached you.
Circumstances beyond our control
9.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control.
9.2 Either party may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of three Business Days or more, in which event neither party shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
9.3 If we have contracted to provide identical Products 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.
9.4 We are not liable for any damages arising from the use or inability to use our products and website.
10.1 Any notice under a Contract shall be in writing via email addressed to the relevant party at the email address of the relevant party last known to the other.
10.2 Any notice given by post shall be deemed to have been served three Business Days. 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.
Advertising on the Site
11.1 We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
12.1 We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order.
12.2 No failure or delay by us or you in exercising any right under these Terms & 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.
12.3 If any clause here or a Contract was 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 & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
12.4 Nothing in here or a Contract shall be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
12.5 These Terms & Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both parties hereby submit to the non-exclusive jurisdiction of the Courts of Singapore.
Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms & Conditions at any time. All amendments will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
From time to time, information on the website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after your order submission).
Product images are for illustrative purposes only and may differ from the actual product.
16.Consumption of Oyster
Live oyster must be kept in chiller between 0 and 4 deg C. Shucked oysters are best consumed within 4 hours while non shucked oysters are best consumed within the same day of delivery. Always rinse and clean shucked oyster flesh under cold running potable water for a few seconds, prior to consumption. Serve it on a bed of ice to keep it at low temperature.
Please do not panic if you spot a worm in an oyster! Our oysters are stored in water tanks with a special filtration system that ensures their optimal freshness. However, in a rare case, you might spot a worm in your oyster. Mud worms are part of oyster growing areas ecosystem and may burrow their way into a live oyster shell. They are a natural occurrence and unsightly, but are harmless and do not affect the quality of oysters.
It is perfectly safe to consume the oyster after you’ve cleaned it off with potable water or clean napkin. However, if you’re extremely squeamish and find these natural organisms revolting, we would advise you to refrain from purchase & consumption of live oyster.
17.Consumption of Raw Seafood
As with most animal-based foods, there are health risks involved in consuming raw shellfish, fish and any other seafood. Vulnerable groups of people (especially pregnant women, children, elderly and persons with chronic illness, compromised immune system, sensitive bowels or liver diseases) should avoid the consumption of raw or undercooked seafood.
All customers are presumed fit to consume raw or undercooked shellfish (oysters, mussels, abalone, clams etc), fish and other seafood. Healthy individuals should also observe good personal hygiene in storing and preparing the raw seafood and consume them within recommended time frame and in moderation. The Ocean Mart will not be responsible for any associated illness arising from consumption of our raw seafood. Customers are deemed to have accepted our Terms & Condition and indemnity waiver upon purchase.
Anyone showing signs of food borne illness should seek medical attention immediately.