Terms and Conditions
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the "General Conditions") apply exclusively between HOOPS FACTORY via Sports Link Holdings Pte Ltd (UEN: 199400069M), a company incorporated in the Republic of Singapore and having its registered office at 6 Tagore Drive, #02-16/17 Tagore Building , Singapore 787623 (hereinafter referred to as "HOOPS FACTORY"), and any person placing an order on HOOPS FACTORY Online Store at www.hoopsfactory.sg (the "online store"), (hereinafter referred to as the "Customer" or "you" and collectively with HOOPS FACTORY, the "Parties").
1.2. These General Conditions govern and apply to the Parties and the supply of any product on the Website ("Product") to the Customer.
1.3. Without prejudice to any other provision in these General Conditions, by purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age and have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether HOOPS FACTORY has objected to them explicitly, are expressly waived and excluded.
1.5. HOOPS FACTORY reserves the right to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website.
2.1. Submitting an Order
2.1.1. A Customer who wishes to purchase Products shall place an order through the Website ("Order"). All Orders are subject to availability of Products.
2.1.2. Prior to submitting an Order, the Customer NEED TO set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder.
2.1.3. The Order process allows you to check and amend any errors before submitting your Order to HOOPS FACTORY. Please take the time to read and check your Order at each page of the Order process.
2.1.4. By placing an Order, you are (i) offering to contract with HOOPS FACTORY for the purchase of Product(S) on these General Conditions, (ii) representing that you are over 18 years of age and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to HOOPS FACTORY in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
2.1.5. Once an Order has been placed, you will receive an acknowledgment from HOOPS FACTORY ("Order Confirmation").
2.1.6. Prior to HOOPS FACTORY's acceptance of an Order, verification of information may be required. HOOPS FACTORY reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
2.1.7. HOOPS FACTORY may place a limit on the quantities that may be purchased per Order, per account, per credit card or per person which you will be informed of prior to HOOPS FACTORY accepting your Order.
2.1.8. HOOPS FACTORY may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
2.2. How to place an Order
The Customer will be required to complete several stages when placing an Order:
- add its chosen items to its basket;
- select a delivery method;
- select a method of payment;
- make its payment;
- the Customer will receive a CONFIRMATION that its Order has been logged; and
- lastly, the Customer will receive an e-mail confirming its order (Order Confirmation).
2.3. Price and Payment
2.3.1. Product prices will be stated on the Website, it may vary at any time from what is available or offered in the HOOPS FACTORY'S retail outlet.
2.3.2. Product prices are subject to change at any time and without notice, but you will always be charged the price which is displayed on the Website at the time you confirm your Order.
2.3.3. Prices are displayed in Singapore Dollars (SGD). HOOPS FACTORY makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
2.3.4. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
2.3.5. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of (i) credit or debit card or (ii) Paypal. HOOPS FACTORY reserves the right to change the payment options at any time for any reason.
2.3.6. You undertake that all details you provide to HOOPS FACTORY in connection with the Order will be correct, that the credit/ debit card or account which you use is your own.
2.3.7. If you are a Customer whose credit or debit card is not denominated in Singapore Dollars (SGD), the final price may vary, depending on the exchange rate applied by your card issuer or issuing bank. For the avoidance of doubt, HOOPS FACTORY shall under no circumstances be responsible for any foreign transaction fees charged by your issuing bank if you are using an international credit/debit card.
2.3.8. The Website contains a large number of Products. It is always possible that despite HOOPS FACTORY's reasonable efforts, some of the Products on the Website may be incorrectly priced. If HOOPS FACTORY discovers an error in the price of any Product you have ordered, HOOPS FACTORY will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order and obtain a full refund without any interest. HOOPS FACTORY will not dispatch your Order until your instructions have been obtained. If HOOPS FACTORY is unable to contact you using the contact details you have provided, it will be treated as order cancelled and notify you in writing. If the Order is cancelled, HOOPS FACTORY will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, HOOPS FACTORY does not have to provide the Product to you at the incorrect (lower) price.
2.4. Acceptance of Order
2.4.1. HOOPS FACTORY shall not be obliged to supply the Products to you until it has accepted your Order. HOOPS FACTORY reserves the right to cancel your Order for any reason whatsoever, including but not limited to HOOPS FACTORY having reasonable grounds to believe you have breached these General Conditions, unavailability of Products or the Products not being purchased for end use. If HOOPS FACTORY cancels your Order , HOOPS FACTORY will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). Administrative fee may be imposed for any order cancellation.
2.4.2. Your Order remains valid as an offer until your Order has been accepted, a contract shall be formed and shall be legally bound to supply the Products to you when HOOPS FACTORY confirms its acceptance to you by sending you an e-mail confirming that the Products have been dispatched ("Dispatch Confirmation").
2.4.3. Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation.
2.5. Customs Regulations
2.5.1. The Customer is deemed to be the importer of the Products to the country of delivery and shall at all times be solely responsible for compliance with any and all applicable regulatory requirements in the country of delivery, which shall include but not be limited to (i) obtaining, at its own costs, such import licenses and other consents in relation to the import of the Products into the country of delivery, as are required from time to time, (ii) conducting all necessary testing and verification of the Products, including fitness for the intended purpose and (iii) any labelling requirements imposed on the Products.
2.5.2. The Customer shall be responsible for all applicable taxes, duties, fees or other charges of any nature (including but not limited to local sales taxes, consumption, gross receipts, import, sales, stamp duties, turnover, use or value-added taxes and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on the Customer) in relation to the purchase of the Products to the country of delivery.
2.5.3. HOOPS FACTORY will ship the Products DDU (Delivery Duty Unpaid) and will not collect any taxes, duties and/or fees and cannot predict what your particular charges may be. HOOPS FACTORY will only charge you for the Products purchased and the delivery cost involved. If your Order does incur additional charges, they must be paid by you in order for the Products to clear customs.
2.5.4. Customs authorities require that HOOPS FACTORY state the value of the Products directly on the package. Custom agents have the right to release or deny your Products, and in some cases, they may also delay delivery.
2.5.5. Warning : HOOPS FACTORY Shall Under No Circumstances Be Responsible To You If The Products Do Not Comply With Any Applicable Laws, Rules Or Regulatory Requirements In The Country Of Delivery.
3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where HOOPS FACTORY can deliver Products.
3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on HOOPS FACTORY.
3.3. HOOPS FACTORY shall contact you if an estimated delivery date cannot be met but HOOPS FACTORY shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery OR UNABLE TO DELIVER THE PRODUCT(S).
3.4. The Products shall be packaged in accordance with HOOPS FACTORY's standard packing procedures. HOOPS FACTORY reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. Products will be dispatched from HOOPS FACTORY's warehouse in Singapore on the account and at the risk of the Customer. HOOPS FACTORY is free to choose the carrier, the forwarding company and the means of transport.
3.6. As the risk of accidental loss of the Products purchased passes to the Customer upon HOOPS FACTORY's issue of the Dispatch Confirmation, even if delivery is made carriage paid, HOOPS FACTORY is not obliged to insure the Products, or to insure the Products against damage in transit.
3.7. Unless otherwise agreed by HOOPS FACTORY, HOOPS FACTORY will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, HOOPS FACTORY's appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4. HOOPS FACTORY'S PRODUCTS
4.1. The images of the Products on the Website are for illustrative purposes only. Although HOOPS FACTORY has made every effort to display the colours accurately, HOOPS FACTORY cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
4.2. HOOPS FACTORY has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. HOOPS FACTORY reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. The packaging of the Products may vary from that shown on images on the Website.
5. RETURN POLICY
5.1. Products can be returned to HOOPS FACTORY for a refund via store credit or exchange subject to the following conditions:
5.1.1. Products must be returned and received by HOOPS FACTORY within fourteen (14) days of the date of receipt;
5.1.2. if the returned Products are underwear or swimwear, the original adhesive seal and/or wrapping should be intact and unsoiled;
5.1.3. returned Products must be unworn, unwashed, or otherwise unused with the original tags/labels attached; and
5.2. The Customer will be responsible for the cost of returning the Products. The Customer will also be responsible for the Products until they reach HOOPS FACTORY's warehouse and Products will be inspected by HOOPS FACTORY upon return. In the event that the Products are returned to HOOPS FACTORY in an unsuitable condition, HOOPS FACTORY may have to send the Products back to the Customer at the Customer's cost and expense and/or refuse to provide a refund.
5.3. Provided that the Products are returned with reasonable care having been taken (no wear and tear or damage and are in the condition that permits HOOPS FACTORY to resell them), refunds will be processed within ten (10) to fourteen (14) days after HOOPS FACTORY receives your return. HOOPS FACTORY will offer you a refund based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
5.4. In the event that you are returning the Products because HOOPS FACTORY has delivered the wrong Product to you or a Product has been mis-described on the Website and provided that the Product is returned with reasonable care having been taken (no wear and tear or damage and is in the condition that permits HOOPS FACTORY to resell it), HOOPS FACTORY will offer you a refund based on your original mode of payment for the Order of the Product, inclusive of delivery charges (if applicable) and any reasonable costs incurred by you in returning the Product to HOOPS FACTORY.
5.5. Regardless of the reason for the return of Products, customs duties and sales taxes are non-refundable through HOOPS FACTORY. However, you may be able to recover these by contacting your local customs authority directly.
5.6. The Customer can go to ‘My Account' and click on ‘Track My Orders' or 'Help' section to contact customer services in order to request a return number (specify the reason).
5.7. The Customer must package its item carefully and include the relevant return number(s) printed out from the Website or written on a loose sheet of paper.
6. ACCESS AND USE OF WEBSITE
6.1. Access to the Website
6.1.1. Access to the Website is made available free of charge.
6.1.2. HOOPS FACTORY does not guarantee that the Website, or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and HOOPS FACTORY reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. HOOPS FACTORY will not be liable to you if for any reason the Website is unavailable at any time or for any period.
6.3. Member Account and Password
6.3.1. If you choose to create an account on the Website, you must complete the registration process by providing HOOPS FACTORY with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
6.3.2. You agree to notify HOOPS FACTORY VIA ONLINESALES@HOOPS FACTORY.COM.SG immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
6.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the "Content") are owned by HOOPS FACTORY, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
6.4.2. Content on the Website is for general information purposes only and is not binding on HOOPS FACTORY in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
6.4.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will HOOPS FACTORY be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
6.4.4. HOOPS FACTORY makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. HOOPS FACTORY reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
6.4.5. The Website may include links to third party websites that let you leave the Website. These linked sites are not under the control of HOOPS FACTORY and HOOPS FACTORY is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by HOOPS FACTORY of the website. Your use of such third party website is at your own risk and may be subject to that third party's terms and conditions.
6.5. Intellectual Property Rights
6.5.1. HOOPS FACTORY and/or its associated companies are the owner(s) or the licensee(s) of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to HOOPS FACTORY or its associated companies' trademarks, Products or business activities.
6.5.2. Except as expressly permitted by HOOPS FACTORY, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content
7. Disclaimer And Limitation Of Liability
7.1. HOOPS FACTORY assumes no liability or responsibility for (a) errors, mistakes or inaccuracies of the products content or any other information or material set out or made available through the website, (b) any unauthorized access to or use of secure servers (whether provided by HOOPS FACTORY directly or by third parties appointed by HOOPS FACTORY) and/or any and all personal information stored therein, (c) any property damage of any nature whatsoever resulting from a customer's access to and use of or reliance on any products, content, services or any other information or material set out or made available through the website or any linked third party website(s), (d) any interruption or cessation of transmission to or from the services provided on the website and or linked third party website(s), (e) any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the website or any linked third party website(s) and/or (f) any errors or omissions in the content, information or material set out or made available through the website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
7.2. These general conditions set out the full extent of HOOPS FACTORY's obligations and liabilities in respect of the supply of the products and there are no arranties, conditions or other terms that are binding on HOOPS FACTORY except as expressly stated in these general conditions.
7.3. Without prejudice to any other provision in these general conditions and except to the extent required by law, the maximum aggregate liability of HOOPS FACTORY, HOOPS FACTORY's employees, officers, sub-contractors or agents for any act or omission, whether in contract, tort (including negligence) or otherwise in relation to these general conditions shall in no circumstances exceed the amount payable by you to HOOPS FACTORY in respect of the product(s) in question.
7.4. HOOPS FACTORY shall not be liable to the customer for:
7.4.1. Any indirect, special or consequential loss or damage;
7.4.2. Loss of data or other equipment or property;
7.4.3. Economic loss or damage;
7.4.4. Any liability incurred by the customer for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
7.4.5. Any loss of actual or anticipated profit, use, opportunities, interest, revenue, anticipated savings, business or damage to goodwill, even if HOOPS FACTORY is advised in advance of the possibility of such losses or damages.
7.5. HOOPS FACTORY shall not be liable for losses arising from the customer's subsequent misuse of the products including but not limited to:
7.5.1. Fair wear and tear;
7.5.2. Wilful damage, abnormal storage or working conditions, lack of proper maintenance, accident, negligence by the customer or by any third party;
7.5.3. Failure to install, operate or use the products in accordance with the user instructions, specifications or conditions made available to the customer by HOOPS FACTORY; or
7.5.4. Any alteration or repair by the customer or a third party who is not one of HOOPS FACTORY's authorised repairers.
7.6. Any products, content and services made available or obtained through the website or any linked third party website is done at the customer's own discretion and risk and the customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
7.7. Use and reliance upon any and all of the products, content, is at the customer's own discretion and risk and is made available on an "as is" and "as available" basis. Except as may expressly be stated herein, HOOPS FACTORY makes no warranties or representations about the accuracy or completeness of the products, services or any other items or materials made available or linked to from the website.
8. Gift Card
8.1. The Gift Card is fully redeemable for products in Hoops Factory stores in Singapore.
8.2. Partial redemption of the Gift Card is not allowed.
8.3. No refund will be given if total purchase value is less than the value of this Gift Card.
8.4. Gift Card is not exchangeable for cash in part or full.
8.5. There will be no replacement or reimbursement of the value of the Gift Card if it is lost, stolen or damaged.
8.6. For return of items purchased with the Gift Card, refund (if applicable) will be made in the form of another Gift Card. (Product Returns T&Cs apply)
8.7. The Gift Card will expire 1 year from the date of activation.
The Customer shall keep HOOPS FACTORY fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by HOOPS FACTORY, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
(a) any claim made by any third party due to or arising out of any Content posted by the Customer on the Website;
(b) any actual or alleged breach or non-performance or non-observance of any of the Customer's obligations or warranties under these General Conditions, or otherwise arising in any way out of the Customer's use of the Website or purchase of the Products; or
(c) any infringement or misappropriation by the Customer of any third party's patent, copyright, trademark or other intellectual property rights in connection with the use of the Website or purchase of the Products.
For all Customer related enquiries, refer to the 'Contact Us' page.
11. General Legal Provisions
11.1. Remedies and Waivers
No failure on the part of HOOPS FACTORY to exercise, and no delay on its part in exercising, any right or remedy under these General Conditions 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. The rights provided in under these General Conditions are cumulative and not exclusive of any rights or remedies provided by law. If HOOPS FACTORY does waive a default by the Customer, it will only do so in writing.
The illegality, invalidity or unenforceability of any provision of these General Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
All covenants, undertakings and other obligations given or entered into by the Parties are given or entered into severally unless the context otherwise requires.
11.4. No Rights of Third Parties
A person who is not a party to these General Conditions has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these General Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
12. Governing Law
These General Conditions shall be governed by and construed in accordance with the law of the Republic of Singapore and the courts of the Republic of Singapore shall have exclusive jurisdiction.