Terms and Conditions
Updated: August 2021
Please read through carefully the following terms and conditions (the "Terms"). By using the site and/or purchasing products from us, you agree to follow and to be bound by these Terms.
If you do not agree to the Terms or any amendments to the Terms, we will not be able to render any services to you and you will be required to cease accessing our Site.
For the purposes of the Terms, "OuiOats", "we" "us", or "our" refers to Ouioats Pte. Ltd. (Company Reg No.: 202129140C), the business carried out under the trading name OuiOats, including where applicable, its subsidiaries, brands, related or associated companies, and “you” and “your” refers to you, the client, visitor or user of our Site.
1.1 Who We Are. This website (ouioats.com) (the "Site") is owned and operated by OuiOats. These Terms set forth the terms and conditions under which you may use our Site or purchase any of the products ("Products") listed on our Site.
1.2 Changes in our Terms. OuiOats reserves the right to change or modify our Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.
2. USE OF OUR SITE
2.1 Use of our Site. When using on our Site or purchasing a Product, you represent that (i) you have read, understood and agree to be bound by these Terms and (ii) you are of legal age to form a binding contract. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Terms, do not attempt to access the Site or purchase a Product.
2.2 Accessing our Site. We reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.3 Updated Information. While we make reasonable efforts to provide accurate and timely information about OuiOats and its affiliates on the Site, you should not assume that the information is always up to date or that the Site contain all the relevant information available about OuiOats and its affiliates.
2.4 Misuse of the Site. We reserve the right to suspend or terminate your access to our Site or parts of it if at our sole discretion we believe you are in breach of any provision of these Terms. If your access has been suspended or terminated you will not be permitted to re-access our Site without our prior consent.
3. OUR PRODUCTS
3.1 Images. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display illustrations of our Products accurately, you acknowledge that our Products may vary from those images displayed on the Site. Please note that each Product is handmade and decorated and we may change the manner in which each Product is produced, made or decorated in our sole discretion.
3.2 Descriptions. OuiOats makes reasonable efforts to ensure that the descriptions of the Products available on the Site are as accurate and current as possible. However, descriptions and images are for illustration purposes only and actual products may wary.
3.3 Allergens. Our Products may contain traces of nuts, gluten, eggs, dairy or other allergens, even if the description does not specify them as an ingredient. All Products are made in the same environment as products containing allergens, so we cannot guarantee that any Product is free from traces of allergens. OuiOats shall not be held liable for any adverse medical conditions and/or allergies arising from consumption of our Products. It is your responsibility to inform us of any allergies that you or your consumers may have and we shall disclaim all liability that may arise in respect of the same.
3.4 Stock Availability. Products (including toppings) may be subject to stock availability. To the extent that is reasonably practicable, we will take the necessary steps to inform customers should we not be able to fulfil any orders for whatever reason and offer suggestions for alternative Products.
3.5 Halal Certification. We are not halal certified at the moment. In certain instances, we may use alcohol, pork, or lard ingredients in our Products. It is your responsibility to ensure that the Products ordered do not contain ingredients that you or your consumers cannot consume.
3.6 Handling of our Products. Our Products are delivered cold and straight from our refrigerator. Our Products have been designed to be consumed cold, thus we highly encourage all customers to enjoy your Products cold.
3.7 Storage of Products. It is your responsibility to ensure that the Products are properly stored in the refrigerator and consumed within 2 hours of delivery. We shall not be held liable for Products stored under inappropriate conditions and/or kept beyond the foregoing suggested consumption life.
3.8 Website Accuracy. We make all reasonable efforts to ensure that all Product descriptions and prices shown on the Site are updated from time to time. We reserve the sole discretion to change prices and to add, alter or remove promotional offers from time to time.
4. PLACING AN ORDER
4.1 Ordering from Us. Unless otherwise indicated or permitted by OuiOats, online orders need to be placed directly on our Site.
4.2 Online Orders. Your order constitutes an offer to us to buy our Product(s). After placing an order online, you will receive an order confirmation from us to notify you that we have received and accepted your order. There will be no more further confirmations from our end. It is your responsibility to contact us if you did not receive this confirmation email.
4.3 Changes to Orders. OuiOats retains the sole and absolute discretion to attend to any changes to order and/or refunds once the orders have been confirmed.
4.4 Collection of Orders. Where applicable, please select a timeframe for collection when making your order online and please collect your order within the timeframe allocated. Orders that are not collected on the scheduled collection date will be discarded and no refunds will be made.
4.5 Changes to Collection Date, Time and Collection Method. As a general policy, we do not accept any changes to the collection date, time or collection method and reserve full discretion to reject any changes to the collection date, time or collection method.
4.6 Delivery. Please ensure that you are contactable during the delivery time slot chosen. If for any reason no one is present to receive delivery of the order, the Products will be disposed to comply with hygiene and safety guidelines. There is always a risk associated with deliveries, and OuiOats will not be liable if any Products are damaged or missing. Any refunds for missing or damaged items will be at our discretion.
4.7 Contactless Deliveries. We do not recommend contactless delivery where instructions are given to the delivery service to leave the items outside the premise, such as but not limited to leaving the delivery on a door handle or on a front step. If you choose to use contactless delivery, OuiOats has no liability and will bear no responsibility for any missing or damaged Products.
4.8 Delivery Address. Please ensure that your full delivery address (inclusive of unit number) is given when ordering. Please check your order confirmation thereafter to confirm that the full address was given. We shall not be liable nor responsible for a missing order if an incomplete or wrong address is given. We do not deliver outside of Singapore.
5. PRICE RELATED MATTERS
5.1 Price. The price to be paid by you for any Product will be quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
5.2 GST. All prices are exclusive of GST (if GST is payable).
5.3 Delivery Costs. Delivery costs may vary depending on your location and we will inform you of the applicable delivery costs in our invoice.
5.4 Changes to Price. Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
5.5 Accepted Modes of Payments. We reserve the discretion to amend our accepted modes of payment from time to time.
5.6 Card Payments. All credit/debit cardholders are subject to validation checks and authorisation by the relevant card issuer. If the issuer of your payment card refuses or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
6. REFUND AND CANCELLATION POLICY
6.1 Order Cancellations. Any acceptance of order cancellations are subject to our sole and absolute discretion. As each Product is specially prepared for you, we do not accept any order cancellations as a general policy.
6.2 Refunds. Where refunds apply, we reserve the discretion to refund the full or a portion of the full payment in order to, among others, take into account administrative costs incurred.
6.3 Incorrect Orders. We do not provide refunds for any orders made incorrectly. Please check your order carefully before checking out.
6.4 Order Amendments. Any order amendments are subject to availability. Please provide your order reference number when contacting us regarding changes to your order. We reserve the full discretion to accept and/or reject any order amendments.
6.5 Returns and Exchanges. In view of hygiene and food safety, we do not accept returns or exchanges. If you experienced an issue with your order, please email us at firstname.lastname@example.org.
7.1 Your Responsibility. Once the order has been collected and is no longer in the possession of OuiOats, we will not bear any responsibility or liability for any damage to the Products thereafter. The person collecting the order is wholly responsible for checking that the order specifications are correct and in good condition. Subsequent disputes regarding damage to the items or incorrect items will not be accepted if not raised at the time of collection.
7.2 No Warranty. You understand and agree that your use of our Site is at your own sole risk. Our Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of our Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing using our Site and/or in connection with our Products. No oral or written information or advice given by any person shall create a warranty or a representation from us.
7.3 Exclusions. To the maximum extent permitted by applicable law, OuiOats assumes no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of the content on our Site;
(b) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; and
(c) any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use our Site and/or arising in connection with our Products.
8. COPYRIGHT AND TRADEMARK
8.1 Intellectual Property. The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto, are the exclusive property of OuiOats. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
9.1 Indemnity. You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors', barristers or attorneys' fees and court costs) arising from or concerning any breach by you of our agreement and/or these Terms for your use of our Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result of any of these.
10.1 Feedback or Claims. We hope that you will be pleased with our Products. However, if there are missing, incorrect or damaged Products in your delivery, we request that you notify us immediately (with your order number) and provide a picture of your order to allow us to investigate the claim. In the case of damaged or incorrect Products, you must also retain such Products and all packaging for inspection by us. Please note that all notifications must be submitted via email to email@example.com within 2 hours after the Product was received. Any requests received after such time will not be entertained.
10.2 Partial Invalidity. If at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
10.3 No Waivers. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision and/or right.
10.4 Governing Law. These Terms shall be governed by, and construed and in accordance with laws of Singapore.
10.5 Dispute Resolution. We will try to resolve any disputes amicably with you. If we cannot come to a settlement after ninety (90) days of negotiation, you agree to submit to the exclusive jurisdiction of the courts of Singapore.