Terms of service

Terms and Conditions

Last updated: 17 April 2024

These Terms and Conditions (“Terms”) apply to your access and use of giftsbywayofk.com ("Website") and all orders placed with Way of K Pte Ltd ("we", "us", or "our") via any means.

Please read these Terms carefully. By using and accessing our Website or placing an order with us, you confirm that you have read these Terms and that you agree to be bound by them.

1. Updated Terms

We may amend these Terms in our sole discretion at any time, with no prior notice and without liability. The amended Terms shall be posted on our Website and shall take effect on the date of such posting.

2. Placement of Orders

Any order placed by you for any products or services offered by us (“Order”) shall only be deemed as accepted once payment has been made in full. After full payment has been received, we shall use our reasonable endeavours to fulfil the relevant Order in a timely manner.

If you decide to open a user account with us on our Website, you shall be responsible for all activities carried out on any user account you open with us via our Website (“User Account”). You shall be responsible for ensuring that the user name and password for your User Account is kept secure and confidential. Without prejudice to the foregoing, you shall notify us immediately if you become aware of any unauthorised use of your User Account.

You represent, warrant and agree that you shall not resell (in whole or in part) any items received as part of the Order.

We reserve the right to limit quantities available for purchase by each customer, including (without limitation) if we reasonably suspect that you are purchasing our products for resale rather than personal end use. We reserve the right to cancel your Orders if you attempt to circumvent any quantity limitations placed by us.

3. Delivery

We are not obligated to verify that the person taking delivery of your Order at the shipping address provided is authorised to accept delivery. In the event of any unsuccessful delivery, delivery shall be rescheduled to a later date, and we may charge you a re-delivery fee if one is imposed by our delivery service provider.

4. Changes to and Cancellation of Orders

Once you have paid for an Order, no changes or cancellations can be made by you.

In the event that we must decline or cancel an Order for any reason whatsoever, including (without limitation) due to any items being out of stock or to enforce quantity limits, we shall promptly notify you and refund to you any amount related to the declined or cancelled Order. Such refund will be our sole liability, and we shall not be liable or responsible to you or any third party for any other loss or damage.

Any refunds will be made through your original payment method or as otherwise mutually agreed between us, and shall be processed within a reasonable time.

5. Returns or Exchanges

To the fullest extent permitted by applicable law, we do not accept returns or requests for refunds for any of our products (in whole or in part). Without prejudice to the foregoing, in the event of any material defect in any product received as part of your Order, you must notify us via email at hello@giftsbywayofk.com within 7 days of receipt of the Order. If the product is reasonably determined by us to be materially defective, then we agree to exchange the relevant product at no extra cost.

If your Order includes a clothing item and you wish to exchange for a different size, you can request an exchange via email athello@giftsbywayofk.com within 7 days of receipt of the Order. If we have the requested size available, then we agree to exchange the relevant item, subject to: (a) your payment of an extra fee to cover the return and delivery costs; and (b) subject to the returned item being in its original state, free from any damage and with its tag still attached.

6. Disclaimers

You agree that your use of the Website and our services are at your sole risk, and that they are provided “as is” and “as available”.

You understand and agree that some of the products delivered as part of your Order may be handmade items or created from handmade materials, and therefore may have some variations in size, colour or patterns as shown on the Website or in any of our images. You and agree that we shall not be liable or responsible for any such variations.

To the fullest extent permitted by applicable law, we expressly disclaim all conditions and warranties of any kind, whether express or implied by statute or otherwise, in relation to our Website, products or services, including but not limited to any implied conditions and warranties of quality or fitness for a particular purpose.

Without prejudice to Clause 6.2, we expressly disclaim and make no representations or warranties that your use of the Website will be uninterrupted, timely, secure or error-free; that defects in the operation or functionality of the Website will be corrected; that the Website is free of defects, errors, omissions or viruses, or will meet your requirements; or as to the accuracy, quality, completeness, currency, adequacy, reliability or validity of any information or material provided on or through the Website.

7. Limitation of Liability

We shall not be liable for any lost profits, or special, incidental or consequential losses, liabilities, costs, judgments, awards, damages, fines, penalties, sanctions, settlements, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature, including (without limitation) legal fees or costs related to investigation, arbitration, litigation or settlements (“Losses’), suffered by you or any other user, howsoever arising (including, without limitation, negligence) in connection with us, the Platform, any Order, our products or services or these Terms.

To the fullest extent permitted by applicable law, we shall not be liable to you in contract, tort (including, without limitation, negligence), breach of statutory duty or otherwise for any Losses whatsoever (including, without limitation, whether general, special indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to these Terms, the Website, any Order, or our products or services, whether or not we were advised in advance of the possibility of such Losses.

Without prejudice to Clause 7.2, solely to the extent that any court of competent jurisdiction issues a decision that Clause 7.2 is invalid or unenforceable, then our total liability in relation to these Terms, the Website, any Order, or our products or services, shall not be greater than two hundred Singapore dollars (SGD 200).

8. Data Privacy

All your personal data will be handled by us in accordance with our Privacy Policy.

9. Force Majeure

We shall not be liable or responsible for any delay or failure to comply with these Terms if the delay or failure arises from any event which is beyond our reasonable control, including (without limitation) fires, floods, storms, natural disasters, civil unrest, pandemics, epidemics or acts of terrorism.

10. Governing Law and Jurisdiction

These Terms and any dispute or matter arising out of or in relation to the Website, an Order or any of our products or services shall be governed by and construed in accordance with the laws of Singapore, and you hereby irrevocably submit to the exclusive jurisdiction of the courts of the Singapore.

11. External Websites

The Website may include links to other websites, content or resources that are hosted, offered or provided by third parties unrelated to us. You understand and agree that we have no control over and do not monitor such third party websites, content, or resources, and we make no guarantee or warranty, and are not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sits or resources). We do not endorse any websites linked to the Platform, or any advertising, products, goods, services or other materials on or available from such websites or resources.

12. Severability
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If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms.

13. Entire Agreement
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These Terms and our Privacy Policy contain the entire agreement between you and Way of K Pte Ltd.

14. Waiver
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A failure or delay by us to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

15. Assignment
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You may not transfer any of your rights or obligations under these Terms without our written consent. We may transfer its rights or obligations to any third party without your consent.

16. Third Party Rights

Anyone who is not a party to these Terms shall not be entitled to enforce or enjoy the benefit of these Terms (in whole or in part).