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TERMS AND CONDITIONS

 

WELCOME TO ARTStatement.

Please read these terms and conditions (T&Cs) carefully as they contain important information, including details about your rights, obligations, the limitations and exclusions. These terms and policies shall apply to any purchase you make from www.ArtStatement.com or any other transaction or action that you may make on the www. ARTStatement.com  website. If you are under 18 years of age, please do not make any transaction on our website without the presence and permission of your parents or guardian.

 

The T&Cs shall be deemed to comprise of:(i) all the terms and conditions stated hereunder; (ii) all the policies stated on our website (including but not limited to the exchange / refund policy, the shipping policy, the payment policy, the sizing & description limitations) which are all deemed incorporated into these T&Cs by reference. In the event of inconsistencies between the terms in the document(s) mentioned in (i) above with those in (ii) above, the terms stated in (i) above will prevail unless we advise otherwise.

 

Your continued use of our website shall be deemed to mean that you agree to be bound by all the terms and conditions as stated hereunder. We reserve the right to amend and revise the T&Cs at any time, and from time to time, as we in our absolute discretion deem appropriate.

 

The following additional specific terms and conditions shall apply:


 1.NATURE OF TRANSACTION

 1.1.

What appears on the ARTStatement is in law considered as an “invitation to treat” and not an “offer” to sell.

1.2.

The placing of an order by the Buyer shall be regarded as an offer by the Buyer to buy, on the terms as stated on theARTStatement website, and at this stage,  ARTStatement may at its absolute discretion choose not to accept the Buyer’s offer to buy.

1.3.

After receipt of an order, ARTStatement will typically verify the order, check availability, check payment details and verify customer information. To be clear, no contract is concluded until ARTStatement has despatched the item(s) as confirmed by an email confirmation. In other words, after an order is placed by you, we will review your order and the contract is only completed if we send you confirmation that we have shipped / despatched the goods to you. This is because the transaction may not be completed for a variety of reasons, for example, your payment (whether via PayPal or internet banking) may encounter some hitches, or we may not have stock of the items you want. In any case, we always reserve the absolute right not to process any transaction/orders at our absolute and sole discretion without any obligation to provide any reasons. In such an event, we shall not be liable in any way to you or any third party for any of your losses or damages (both direct and indirect) arising from our decision not to proceed with the transaction/order, or due to our inability to do so, or ARTStatement’s decision to withdraw any item from sale. If you have paid, and we have received any monies from you, we will under such circumstances refund the full sum to you and the matter shall conclude and end there.

1.4.

ARTStatement will carefully check each item before it is packed for shipping/despatch to ensure that it is in good condition and not defective and therefore, once we have despatched the item to you, the risk of loss and/or damage of the purchased item passes to you once the item (s) is/are shipped / despatched by ARTStatement to the carrier/courier. As the risk of loss or damage will pass to you after we have despatched the item(s), it is important to highlight that the shipped items are not insured as the price for the items do NOT include any insurance coverage. You must therefore inform us prior to shipment if you wish to pay for insurance coverage, and we will then advise you accordingly.

1.5.

Once you have completed the checkout procedure, the reservation of the confirmed item(s) in your order will be held for 8 hours. Payment must be made within this time frame to secure your purchase. Failing which, the order will be cancelled and the item(s) put back on sale.

1.6.

The items will be delivered to the shipping address provided by the Buyer, and ARTStatement reserves to right to choose such mode of despatch or the choice of carrier/courier, as it deems appropriate unless specified otherwise.

1.7.

Delays can occur and any reference to delivery dates is to be treated simply as estimates and should not be regarded as a contractual term. ARTStatement will not under any circumstances be responsible or liable for any delays or failure to deliver the items within such estimated timelines.

1.8.

Custom duties, tariffs, import duties, taxes, customs restrictions and all other similar charges outside of Singapore are to be borne solely and fully by the Buyer. It is the Buyer’s responsibility to verify such details and to pay for any such charges.

1.9.

Items that are not deliverable for any reason whatsoever will be returned to ARTStatement, and ARTStatement may choose to sell such items to other customers and ARTStatement will be under no obligation to reserve or hold the items for the original Buyer.

 

2.PRODUCT TERMS

2.1.

Colour Description / Representation- ARTStatement makes reasonable effort to display, as accurately as possible, the colours of our products that appear on our website. However, as the actual colours you see does depend largely on the resolution of your monitor screen, we cannot guarantee that your monitor’s display of any colours will be exactly the same as the colours of our products. Variations can be expected. We apologise if there is some colour discrepancy based on the different monitor’s resolution and/or the style of photography. In addition, the items shipped may not always be identical to the pictures shown on our website and such variations, if any, shall not be deemed to be unacceptable.

2.2.

Errors and Inaccuracies- We make reasonable and good faith effort to provide complete, accurate and up-to-date information on www.ARTStatement.com but we cannot and do not represent that it is 100% error free e.g. due to human or technological errors. This website may contain typographical mistakes, inaccuracies, or unintended omissions, some of which may relate to pricing and availability, and some information may not be complete or current or up-to-date. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice. Our description are used in good faith based on suppliers’ descriptions and we have not made any effort or attempt to verify the accuracy of such information provided by the suppliers nor do we represent that the material descriptions are accurate or correct, and hence such descriptions shall not be regarded as contractual terms.

2.3.

It is the Buyer’s sole responsibility to ensure that she has checked the dimensions stated on ARTStatement for any item in question and ARTStatement will not entertain any issues regarding dimension so long as the item in question correspond, size wise, to the stated measurements (which is further subject to a permitted +/- 10% variation).

 

3.PAYMENT

3.1.

The price for any item will be the price as stated on the ARTStatement website.

3.2.

Discounts and promotions only apply to normal / standard priced items and shall not to sale items or any other categories listed by us. Discounts and promotions cannot be used in conjunction with other promotions, offers or other discounts.

3.3.

Custom duties, tariffs, import duties, taxes, customs restrictions and all other similar charges outside of Singapore are to be borne by the Buyer. It is the Buyer’s responsibility to verify such details and to pay for any such charges.

3.4.

On placing an order, the Buyer shall comply strictly with the payment procedure set out in the payment web page. For now, payment can only be made via the PayPal platform or via internet banking. For internet banking, it shall be required for the buyer to ensure that ARTStatement receives the full stated purchase price and if any banking charges or other deductions apply, the buyer shall “gross up” and pay and bear all such additional sums (if any) to ensure that ARTStatement always receives the full sum, with no deductions whatsoever.

3.5.

ARTStatement will take reasonable care of any confidential information provided by the Buyer but ARTStatement will not be held responsible for any losses arising from the unauthorised access by third parties to the ARTStatement website. If the PayPal payment platform is used, please note that all such confidential information is not held by ARTStatement but by PayPal instead who would have a much more secure system in place.


4.EXCHANGE / REFUNDS

 Please note that generally, we have, to the fullest extent permitted under the applicable law, a “no-refund” policy and only in exceptional and limited cases will exchanges/credit notes/refunds be entertained and always on a case-by-case basis.

The following limited exchange/refund policy shall apply:

Items can only qualify for consideration for an exchange if the following are satisfied:

 a.the purchased item that we sent you is “incorrect” (i.e. we sent you the wrong item); and

 b.you strictly follow the Reporting & Return Procedure set out below for “refunds”.

 Under our policy, an order is “incorrect” only if we have either: (i) sent you a wrong item (i.e. you ordered item A and we sent you item B); or (ii) we sent you a defective(torn, broken) item

Reasons like “unsuitability” or “colour differences” will also not be regarded as an “incorrect” order.

 Please note, sale items cannot be returned or exchanged under any circumstances.

Assuming you satisfy criteria (a) above, please ensure that you also strictly follow the Reporting & Return Procedure set out below. If the item (s) you have purchased is “incorrect” upon delivery, we will be glad to replace it/them with the correct item (subject to availability) provided that you strictly follow the procedure set out below and we are satisfied, after checking the items received from you, that you qualify for a replacement item.

 

4. REPORTING & RETURN PROCEDURE AND CONDITIONS

4.1.

You must request for an exchange by sending an email to ask@ARTStatement.com within 7 working days (counting the date of delivery) after the wrong/defective item has been delivered to your address. Please provide details of the problem item and wait for a ARTStatement’s  email stating that you may return the purchased item.

 4.2.

The item to be exchanged was purchased directly from this website, www.ARTStatement.com

 4.3.

The said item is mailed out to us within 3 working days of receiving our email stating that the request for exchange has been acknowledged subject to further inspection upon receipt.

4.4.

The item must be in good original condition and intact in its original packaging.

 4.5.

Your name and address are both indicated clearly on the top left hand corner of the package.

 4.6.

Please enclose a note with the following details when sending the “incorrect” item back to us – using the format as follows.

 a.Name:

 b.Email address:

c.Mailing address:

d.State how the item is “incorrect”(please refer above for the limited situations where an item will be considered as being “incorrect”)

 e.A copy of the acknowledgment email from ARTStatement.

 4.7.

The item must be returned via registered mail to:

CKTONIART PTE LTD

31 Bangkit Road

#18-02

S(679973)

4.8.

The postage cost of the registered mail parcel sent by you to ARTStatement is to be borne by you, including any custom duties or taxes. However, ARTStatement will absorb the registered postage charge of sending the parcel back to you for local deliveries (within Singapore) as well as the shipment cost by SingPost back to you if you reside outside of Singapore (provided that any custom duties/taxes, if any, will be borne by you) provided it is the same address as your original shipping address.

4.9.

Upon satisfactory return of the item(s) to ARTStatement, the replacement item(s) will be shipped to you if and only if ARTStatement is fully satisfied that the item(s) returned by you is “incorrect” after suitable tests and inspections byARTStatement. If the replacement item(s) is not available, we will offer you either a cash refund (via i-banking of PayPal transfer) or a credit note.

 Note:

 The returned parcel is the buyer’s responsibility / risk from the time you send it to the time it arrives at our address stated above. Once the parcel you have sent arrives, we will send you an email to confirm receipt.

 

5.LIABILITY AND EXCLUSIONS

5.1.

Unless expressly stated otherwise, and to the fullest extent permitted under the applicable law, all items sold on ARTStatement are sold on an “as is” basis and ARTStatement does not make any warranties, representations, undertakings or guarantees of any kind, whether express or implied, with regard to (i) the accuracy, quality, suitability of the items / merchandise sold on the ARTStatement website or (ii) the accuracy of information, or the website content on ARTStatement.

5.2.

To the fullest extent permitted under the applicable law, ARTStatement does not, whether expressly or impliedly, make any claims, representations, or warranties on merchantability, fitness for purpose, quality or non-infringement.

5.3.

ARTStatement does not, and the Buyer agrees, that ARTStatement will not be liable in any way for any loss of profit, loss of income, loss of opportunity, loss of information or for any indirect or consequential damage/loss arising from or connected or caused by ARTStatement whether under tort, contract or otherwise.

5.4.

Notwithstanding any other provision stated hereunder, it is understood and irrevocably agreed that ARTStatement (which will mean the owner of the ARTStatement website) maximum aggregate liability, whether in contract, tort or otherwise, to any customer, buyer or visitor of the ARTStatement website shall not under any circumstances exceed the amount payable or paid by the buyer to ARTStatement in respect of any item in question.

5.5.

You will, on our demand, hold us harmless and fully indemnify ArtStatement  and the website owner (CKTONIART PTE LTD) from and against any and all claims, damages and/or losses that ARTStatement may suffer, whether directly or indirectly, arising from or in connection with your breach or non compliance with any of the terms and conditions as stated hereunder.

 

6.INTELLECTUAL PROPERTY

6.1.

The buyer / customer shall respect and acknowledge that all trademark, copyright and other intellectual property rights on the ARTStatement website shall remain vested at all times in the owner of the ARTStatement website or its licensors. Usage of such materials / content shall only be permitted if expressly permitted by ARTStatement or the relevant licensors.

6.2.

The customer/buyer shall not use or download any such content / materials from the ARTStatement website without the express prior permission of ARTStatement and the buyer/customer shall fully and unconditionally indemnify ARTStatement for any unauthorised use or downloads. Similarly, the buyer/customer shall not copy, publish, display, reproduce, distribute or create derivative works of any material/content found on the ARTStatement website.

 

7.COMMENTS, FEEDBACK AND THE GROUND RULES

 

7.1.

Please ensure that any comments, feedback, reviews or postings made by you on our website or on any other site associated with ARTStatement (example on Facebook or Twitter) shall not be obscene, illegal, defamatory, threatening, infringing of intellectual property rights, objectionable or in any way injurious of others, or containing or related to “spam”, viruses, and / or commercial solicitation. You must not use a false email address, or try to impersonate others or to mislead others on source origin. ARTStatement reserves the absolute and unencumbered right to remove or edit any postings on its site or related sites without being obligated to provide reasons. ArtStatement will also fully cooperate with the relevant authorities in any investigation of any such non-permitted activities.


8.MISCELLANEOUS


8.1.

ARTStatement ’s failure to insist on strict compliance with any of the terms stated hereunder shall not be deemed to be a waiver of such rights or terms.

8.2.

The invalidity or unenforceability of any term shall not affect the validity or enforceability of other terms.

8.3.

The section headings are used solely for convenience only and do not form part of the terms/conditions, and do not have an inference or construction purpose.

8.4.

ARTStatement reserves the right to update, revise or change these terms and conditions, the price of the item(s) and any other information listed on this website from time to time. It is your responsibility to read the terms and conditions and confirm the price of the item(s) on each occasion when you use this Website and your continued use of the ARTStatement website shall signify your acceptance to be bound by the latest terms and conditions.

8.5.

In this document, the use of terms like “you”, “buyer” or “customer” (or other similar terms) shall be used interchangeably and is intended to refer to any visitor to the ARTStatement website or any ARTStatement customer or buyer of any item from the ARTStatement website, as the case may be. The use of the terms “we”, “ARTStatement” or “owner” shall mean CKTONIART PTE LTD. (the owner of the ARTStatement website), a Singapore incorporated company.

8.6.

These terms and conditions shall be governed by and construed in accordance with the laws of Singapore. By visiting this website, you submit to the exclusive jurisdiction of the courts of Singapore, being the place where you order/offer has been received / accepted.