Terms & Conditions (Sale)
You hereby represent and warrant that:
- You have read and accept the Web Terms in its entirety;
- You are at least 18 years old and have the necessary legal capacity, right, power and authority to accept to these Web Terms and you are either;
- Accessing this Site, using the Services and contracting in your own personal capacity;
- Accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity; or
- Contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Web Terms and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Web Terms;
- You are authorized to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
- All of the information provided by you to Bata (including without limitation personal particulars and contact information) is accurate and complete.
- In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
- "Buyer" means the person or legal entity identified in the Order as the purchaser of the Products. "Bata" means Bata Shoe (Singapore) Pte Ltd
- “Bata Product” means a Product bearing the Bata trade mark for which Bata invites Orders in accordance with these Conditions.
- “Conditions” means these Terms and Conditions of Sale.
- "Contract" means a contract for sale between Bata and the Buyer of the Products formed in accordance with Clause 3.4.
- “Defective Product” is defined in Clause 7.2.
- "Force Majeure Event" means any event or circumstance the occurrence and the effect of which Bata could not reasonably prevent or avoid including:
- (i) Explosion, fire, flood, war, earthquake, storm or other natural disasters;
- (ii) War, declared or undeclared, sabotage, insurrection, terrorist or criminal acts whether online or offline, riot or civil disturbance;
- (iii) Import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
- (iv) Epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
- (v) Strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Bata or any other person); and
- (vi) Telecommunication, network or Internet disruptions or interruptions,
- (vii) Any default act or omission on the part of Bata's suppliers, couriers, delivery companies or sub-contractors.
- “Online Payment” means payment by any one or more of the following payment modes as may be designated by Bata from time to time: credit card, debit card, charge card, Paypal, online store credit, and other designated payment modes.
- “Online Store” means the Bata online store currently accessible at http://www.Batashoes.com.
- "Order" means an online order placed via the Online Store by a Buyer with Bata for the Products in accordance with these Conditions.
- “Parties” means Bata and the Buyer and “Party” means any one of them.
- “Payment Processing Company” means the applicable payment or card processing entity for the relevant Online Payment mode.
- "Product" means a Bata Product or Third Party Product listed at the Online Store for which Bata invites Orders in accordance with these Conditions.
- “Substitute Product” is defined in Clause 6.4.
- “Third Party Product” means a Product which is not a Bata Product for which Bata invites Orders in accordance with these Conditions.
- Words using the singular or plural number also include the plural or singular number.
- Any reference to a "person" or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
- Any reference to a "Clause" is to a clause of these Conditions.
- The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
- A reference to the word “include” or “including” shall not be construed as having any limiting effect.
- These Conditions shall govern the sale of the Products listed at the Online Store by Bata to the Buyer, save where Buyer has signed a separate purchase agreement with Bata, in which case the terms and conditions of the separate agreement shall govern.
- By ordering the Products or accepting delivery of the Products described on the Invoice, the Buyer agrees to be bound by and is deemed to have accepted these Conditions.
- Bata will process Orders for delivery in Singapore
- Buyer shall indicate the Products it wishes to order and the quantity required, at the price and in the currency specified by Bata at the Online Store, by placing an Order on the designated online form at the Online Store and providing to Bata all necessary information as may be required by Bata at the Online Store.
- All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Bata.
- Bata may accept an Order by:
- Contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to either:
- (i) Accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
- (ii) In the case of Orders exceeding a certain quantity or value, request that the Buyer submit a written bulk purchase order form for Bata’s written acceptance, or
- Delivering the Product(s) ordered to the Buyer, and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Bata), and such other terms and conditions as Bata may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Bata in the manner set out in this Clause 3.4. Processing or acceptance of Online Payment for an Order shall not in itself constitute acceptance of the Order by Bata, provided that where an Order is rejected by Bata, any payment made for such Order shall be reversed or refunded by Bata or an online store credit shall be given to the Buyer.
- Contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to either:
- Bata shall be entitled to:
- Decline to accept or reject the Buyer’s Order in whole or in part without assigning any reason; or
- Delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
- Bata shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Bata's current selling price on the date of acceptance by Bata of the Order, which may or may not be correctly reflected at the Online Store.
- No promotion, offer, voucher, or online store credit may be applied retroactively to any standing or previously placed Order. Any applicable promotions, offers, vouchers, or online store credit must be stated before checkout as these cannot be claimed or applied after an Order have been made. No promotion, offer, voucher, or online store credit may be exchanged for cash.
- Unless otherwise agreed by Bata in writing, payment for the Products shall be made by the Buyer in full by valid Online Payment before physical delivery of Products.
- The Buyer warrants and agrees that it is ordering Products for his/her own use only and not for re-sale, distribution or export. The Buyer shall indemnify Bata and hold Bata harmless against all losses, damages, liabilities, expenses and costs arising from any breach of this Clause 3.9.
- For Economical and Standard Delivery, the Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable duties, tariffs and taxes (including but not limited to Goods and Services Tax) at the prevailing rates, which are not determined at checkout but will be determined by your local customs officials once the Products arrive in your location (where applicable). Buyer shall not be entitled to reject any Products, withdraw any Order, or claim any refund on the grounds that the Buyer does not agree with any such duties, tariffs and taxes. For Express Delivery, the Buyer shall bear all shipping and handling charges (where applicable). This does not include duties, tariffs and taxes, which will be borne by Bata Shoe (Singapore) Pte Ltd
- All Online Payments are subject to processing by Bata’s payment service provider, the approval of the Payment Processing Company and the relevant paying bank. Bata shall not be liable in any way if the payment service provider, Payment Processing Company or the paying bank refuses to process or accept any Online Payment particulars for any reason.
- Bata reserves the right to exercise its lawful remedies if a dispute or issue arises over Online Payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Payment Processing Company or the paying bank rejects or reverses payment for an Order, Bata may in its discretion:
- Reject such Order, or suspend or cancel delivery of such Order;
- Repossess the Products if delivered; or
- Claim against the Buyer for the full price of the Order as a debt.
- Bata shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Bata under any and all Contracts and other agreements.
- Products displayed on the Online Store are subject to availability. Products may also be available in selected Bata stores whilst stocks last. In some cases, Products displayed for sale on the Online Store may not be available in Bata stores or vice versa
- Bata has made every effort to display and describe as accurately as possible the colours, sizes, dimensions, information and other attributes of Products (“Attributes”). However, due to the inherent limitations of electronic displays and the characteristics of certain materials, actual Attributes of individual Products may vary. Slight marks and colour/print variations should not be considered as defects or render the Product non-compliant, but are inherent characteristics of the Product. All Attributes given on the Online Store are approximate only.
- All Products displayed for sale on this Site are constructed of man-made materials unless otherwise stated.
- Risk in the Products shall pass to the Buyer upon our delivery of the Products to the carrier.
- Title in the Products shall not pass to Buyer until receipt by Bata of full and final payment for the Products and delivery of the Products to Buyer.
- The Buyer shall designate in the Order the Buyer’s preferred delivery option or if available, collection options, and where the delivery option is selected, the address for delivery of the Products.
- Subject always to Bata acceptance of the Order and to Clause 3.1,
- Where the delivery option is selected:
- (i) Bata shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by Bata. If no one is available at the delivery address to receive the Products, Bata’s delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products
- (ii) The Buyer shall bear and pay to Bata:
- (a) The Delivery and Shipment Charges;
- (b) The delivery, re-delivery, shipment, return, forwarding, re-shipment, and administrative costs, tax, duties, storage and disposal charges and costs for any Product(s), which is/are rejected by the Buyer where such rejection is not made pursuant to an express right of the Buyer under these Conditions, or where any delivery to the Buyer is unsuccessful for any reason.
- Please read our latest Delivery Terms for local and international deliveries, which shall apply to the Contract
- Where the option is made available by Bata, and the Buyer opts for self-collection of the Products the Buyer shall collect the Products at an address designated by Bata
- Bata is unable to ship to any PO Box, military, protected area or location. Shipping and other charges for failure of attempted delivery to the restricted areas will be borne by Buyer or recipient of the Products.
- There will be an administrative fee payable by the Buyer for any changes in delivery address for each Order.
- The Buyer is aware that the courier company or customs authority may in their sole discretion, open and inspect for any reason the contents of the Product package, and Bata shall not be liable for any loss or damage thereby caused.
- All custom declarations will be completed in English.
- Any shipment, delivery or collection dates provided by Bata are estimates only and shall not form part of the Contract. Bata shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact Bata at:
- Where the delivery option is selected:
- Bata Shoe (Singapore) Pte Ltd
Tel: +65 65140719
Operation Hours: Monday to Fridays 10am – 5pm (GMT+8)
- Bata reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
- Change its prices or specifications of any Product; or
- Deliver a Product which is similar to the Product ordered with minor differences, (each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
- An Order may be cancelled by the Buyer prior to payment for the Products by Buyer, provided always that:
- The Buyer must contact Bata to request Bata for cancellation immediately;
- Bata will endeavour to accommodate the Buyer's request, if the Order has not been processed; and
- The Buyer shall pay any cancellation fees which may be imposed by Bata.
- If an Order has already been processed, no cancellation or refund will be permitted.
- The Buyer acknowledges that Bata's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products. The Buyer further acknowledges that Bata retains absolute discretion as to the order of priorities in which any Products are delivered to Bata's customers.
- Bata may deliver the Products in an Order by instalments, provided that full payment for the entire Order shall be made on or before the delivery of the first instalment.
- Bata reserves the right to make only partial delivery of an Order. If only part of the Order can be shipped, Bata will use reasonable efforts to contact the Buyer to select replacements. If Buyer cannot be contacted, Bata will reject the entire Order.
- Unless the Buyer notifies Bata via the Return Request within thirty (30) days of the date of invoice, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.
- A Product shall only be eligible for replacement if upon delivery:
- It is damaged; or
- The Product supplied is materially different from the Product specified in the Order, (such Product being a “Defective Product”).
- The Buyer must report any Defective Product to Bata by submitting a “return request” through My Account online and describing the reasons and the Defective Product to be returned within fourteen (14) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.
- If Bata considers the Product to be a Defective Product, the procedure for returns set out in Bata’s Returns Policy will apply. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
- Bata reserves the right to refuse any return or replacement of a Defective Product if:
- The Buyer is unable to produce the Product details or tax receipt;
- The Defective Product is a Third Party Product and Bata is not authorised by the supplier to process returns or replacements; or
- The defect is the result of:
- (i) Unique, accidental, or random damage that is the result of use by Buyer, or wear and tear.
- (ii) Accidental nicks, scratches, or minor damage;
- (iii) Improper use or mismanagement by Buyer;
- (iv) Use of the Product in a manner or for a purpose not reasonably contemplated by Bata;
- (vi) Modification of the Product not authorised by Bata;
- (vii) Unusual or unrecommended physical, environmental or electrical stress by Buyer;
- (vii) Use of Product by a person other than Buyer; or
- (ix) Buyer’s failure to comply with any terms of these Conditions.
- Please see Bata’s Returns Policy for additional terms governing the return of Products.
- Certain locations impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. Bata shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.
- Bata makes no warranty in respect of any Bata Product, express or implied, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose. Bata’s sole liability for any defects in any Bata Product is set out in Clause 7.
- Bata makes no representations or warranties of any kind in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.
- In no event shall Bata be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Bata has been advised of the possibility of such loss or damage.
- If any service (including but not limited to installation of any Product) is performed by any third party, Bata shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by Bata.
- The total liability of Bata to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by Bata shall not in any event exceed the price of the Product giving rise to such claims.
- Nothing in these Conditions shall limit or exclude Bata’s liability for death or personal injury caused by Bata’s negligence.
- Bata shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
- Bata shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer may not terminate the Contract by reason of any such delay or failure.
- In the event that any Force Majeure Event results in a shortage of Products, Bata shall be entitled to allocate its available stock of the Products among its customers in such a manner as Bata may consider equitable and may make partial deliveries of any Products to the Buyer.
- Bata reserves the right to amend these Conditions without prior written notice, at Bata’s sole discretion, by posting a copy of the amended Conditions at the Online Store.
- Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Bata.
- The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Bata. Any such unauthorized assignment shall be deemed null and void.
- No failure on the part of Bata to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any term or condition of the Buyer’s Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Bata, unless otherwise agreed in a written agreement signed by Buyer and Bata, and any failure by Bata to object shall not be considered a waiver of these Conditions.
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
- A person or entity who is not a Party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
- These Conditions shall be construed in accordance with, and governed by, the laws of the Republic of Singapore including without limitation the provisions of the Evidence Act (Cap 97 of Singapore) and the Electronic Transactions Act (Cap. 88 of Singapore), without giving effect to any principles of conflicts of law.
- The Parties hereby submit to the non-exclusive jurisdiction of the Singapore courts.