Terms and Conditions
Last updated on 3 July 2021
Welcome to the SgMurphyBed website. Please read these terms and conditions carefully before accessing and/or using our Services (as defined below), and any website, any electronic application owned and/or maintained by us.
1. INTRODUCTION
1.1 These terms and conditions (hereinafter referred to as the “Terms and Conditions”) constitute a legally binding contract between you and SgMurphyBed (UEN: 53413641M) (the “Company”, “we”, “us”, “our”) which is a company registered under the laws of Singapore.
1.2 These Terms and Conditions apply to the relationship between you, as the buyer, and the Company through the website https://www.sgmurphybed.com (“Website”) together with any other websites maintained by the Company that may be accessed through this website. The purpose of the Terms and Conditions is to define the terms and conditions on the basis of which that is to govern your purchase of our products and related accessories as sold by us (“Products”) and the use of the services provided by us to you in connection with your purchase of our Products (“Services”). For the avoidance of doubt, SgMurphyBed is a custom modular furniture company that offers hidden wall beds and we are in no way a provider of carpentry services. Finishing works such as the filling of gaps with silicone, adding top fillers and side fillers to cover the gaps between cabinet and walls are complimentary services by our Company, and we are in no way obliged to provide such services to you. You accept that the results of finishing works depend on the particular aspects of the area in which the Products are to be installed and agree that you will not hold us liable for the said finishing works including but not limited to asking for an apology, damages or compensation.
1.3 By offering to buy and buying the Products from our Company, you are indicating your acceptance to be bound by these Terms and Conditions to the exclusion of any other terms and conditions. These Terms and Conditions may be modified from time to time by updating this page without your prior approval. If you do not agree to the amended Terms and Conditions, you have the right to leave the Website and cease using the Website. By continuing to use our Website, purchase our Products and engaging our Services after the changes come into effect shall mean that you agree to be bound by these Terms and Conditions as amended. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2. CONSENT TO THE TERMS AND CONDITIONS
You represent and warrant that you have read, understand and agree to be bound by these Terms and Conditions (and other documents referred to herein, if any) which constitute a legal agreement between you and SgMurphyBed. You represent and warrant that you have full authority to accept these Terms and Conditions. If you are accepting on behalf of someone else, you represent and warrant that you have full legal authority to bind that person or entity to these Terms and Conditions. If you do not have full legal authority to bind your entity to these Terms and Conditions, please ensure that an authorised person from your entity consents to and accepts these Terms and Conditions, otherwise you are prohibited from accessing, linking to or using this Website.
3. DEFINITIONS
In these Terms and Conditions, unless the context otherwise requires:
(a) words importing the singular shall also include the plural and vice versa where the context requires;
(b) the headings are for convenience of reference only and shall not be taken into consideration for the purpose of interpretation; and
(c) a reference to “including” shall not be construed restrictively but shall mean “including without prejudice to the generality of the foregoing” and “including but without limitation.
4. PRODUCTS
4.1 You hereby agree and accept that the Product images on our Website are for illustrative purposes only and may differ from the actual Product due to product enhancement or change. For example, the actual design of the laminates may look different when we fabricate it in large pieces. Due to differences in monitors, colours of products may also appear different to those shown on the Website.
4.2 Such physical differences in the actual Product from the images on our Website shall not be an acceptable reason for a Product return or refund.
5. ORDERS AND PAYMENT
5.1 When placing an order for our Products via WhatsApp, telephone or other modes of communication, you may provide your personal data including but not limited to your name, address, email, mobile number, bank account and credit card details (“Personal Data”). You shall ensure that the details you provide to us are accurate and up to date at all times.
5.2 We endeavour to take due care with your Personal Data. Whilst we take appropriate technical and organisational measures to safeguard the Personal Data that you provide to us, no transmission over the Internet can ever be guaranteed secure. Consequently, please note that we cannot guarantee the security of any Personal Data that you transfer over the Internet to us; any transmission is at your own risk. You accept that we are not liable for misuse due to error in transmission, virus or malware.
5.3 When placing an order, you shall provide us with the following details:
(a) your Personal Data in connection with the purchase of the Products, and for the purposes of allowing us to provide our Services efficiently;
(b) measurements for the purposes of allowing us to design and customise the Products accordingly; and
(c) delivery details such as the date and time of delivery and installation (as shall be mutually agreed between you and the Company in writing) and your address which you would like us to deliver and install the Products (“Delivery Details”).
5.4 You shall be responsible for providing us with accurate measurements so that we are able to customise the Products accordingly. We shall not be liable for any Products that do not cater to your specifications as a result of your inaccurate measurements. We provide site measurement services at SGD 30 per visit. You shall further ensure that your wall, floor and/or ceiling are structurally suitable for the Products to be attached, and any resultant damage to the surrounding structures shall be your responsibility.
5.5 Once an order is placed, we will contact you to confirm the Products you intend to Purchase from us and will thereafter, issue a payment invoice within [X] days.
5.6 You shall pay to the Company, fifty per cent (50%) of the total invoice amount upfront, upon the issuance of the invoice to you. The balance fifty per cent (50%) shall be paid by you (the “Balance Amount”) to the Company upon installation of the Products at your premises. Where the installation takes more than a day, you shall pay eighty per cent (80%) of the Balance Amount on the first day of installation and the remaining amount shall be paid on the last day of installation.
Cancellation of the Order
5.7 You may request for the cancellation of your order (“Cancellation Request”) at any time before the delivery of the Products by providing us a notice in writing by you to the Company. The Company shall, at its sole discretion, allow for the cancellation only in the following circumstances:
(a) where the materials for the Products have not been fabricated; or
(b) where the materials have been fabricated, the Company has been informed by the supplier in writing that the supplier agrees to keep the fabricated materials for other use.
5.8 Any such cancellation shall be effective upon the acceptance of your Cancellation Request by the Company in writing, and the cancellation shall be subject to an administrative fee of SGD 120. Upon successful cancellation, we shall refund any amounts paid by you to us through such means as shall be agreed between you and the Company in writing.
5.9 For the avoidance of doubt, the Company shall have the right to cancel the order placed with immediate effect, where you have failed to make payment in accordance with the terms stated herein or for any other reason. Any such termination or cancellation shall be effective upon notification in writing to you by the Company and shall be without liability to the Company, save as set out under Paragraph 5.10.
5.10 Notwithstanding Paragraph 5.9, the Company agrees to provide you a full refund for any cancellation of the order by the Company where such cancellation is due to the Company’s supplier being unable to supply the materials required for the purposes of making and designing the Products or if the Company’s supplier cancels the order for any other reason. You agree that no other damages or compensation shall be payable by the Company to you in this event.
5.11 You accept that there shall be no refund or exchange for Products after purchase and delivery for the reasons that the Products are deemed to be unsuitable based on your personal preferences.
Variation of the Order
5.12 The Company may also vary any order placed where there is an error in the pricing and/or other relevant aspects of the order. Such variation shall be notified in writing to you, and the Company shall issue a fresh invoice, where required.
6. DELIVERY
6.1 Delivery shall be made to the address stated under your Delivery Details, unless otherwise agreed by you and the Company in writing.
6.2 Where you wish to change the delivery date, you shall inform us no later than five (5) days prior to the agreed delivery date, failing which we shall have the right to charge an additional SGD 150 for the labour and transport fees incurred in connection with such change.
6.3 The risk of damage to the Products passes to you on delivery of the Products, and the title to the Products shall not pass to you until the Company has received the payment in full for all sums due to the Company in respect of the Products.
6.4 At the time of delivery and installation, where you require additional services such as dismantling existing furniture, moving or removing any obstructing furniture for the purposes of installing the new Products purchased from us, we shall have the right to charge service fees incurred in connection with the provision of these additional services.
6.5 After delivery and installation, where you require additional services arising from the use of the Products, we reserve the right to charge a base service fee starting at SGD 150 per trip and/or repair fees incurred in connection with these additional services and/or repairs.
7. ASSIGNMENT
SgMurphyBed may assign its rights under these Terms and Conditions at any time. You shall not assign and/or transfer your rights under these Terms and Conditions without SgMurphyBed’s prior written consent, which such consent shall not be unreasonably withheld.
8. LIMITATION OF LIABILITY
8.1 The Website, Products and Services are for your personal use only. The Website, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
8.2 SgMurphyBed expressly disclaims any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Website; (ii) that the functions contained on the Website will be secure, uninterrupted or errorfree; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. SgMurphyBed assumes no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors.
8.3 You expressly agree that your use and/or access of the Website is at your sole risk.
8.4 Without prejudice to the generality of the foregoing whilst we have taken all due care in providing the information on the Website, we expressly disclaim any and all liability arising from:
(a) life or wear of any Product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to SgMurphyBed;
(b) improper remedy of defective Products, alteration of the Products, unsuitable or improper use, wilful damage, negligence, or other misuse of the Products, as well as fair wear and tear, by you or any third party; and
(c) third party claims, whether directly or indirectly caused by, or relating to, the content of the Website and the Products purchased.
8.5 IN NO EVENT SHALL SGMURPHYBED OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SGMURPHYBED WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SGMURPHYBED’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY SGMURPHYBED IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. INDEMNIFICATION
To the fullest extent permitted by law, you hereby undertake to indemnify and keep indemnified, and agree to defend and hold us harmless from any and all losses, liabilities, claims, causes of action and costs (including without limitation damages, legal and other professional fees and costs, expenses and penalties) arising directly or indirectly from, as a result of, or in connection with
(a) your breach of these Terms and Conditions; or
(b) your violation of any applicable laws and regulations, which either arise from or in any manner, directly or indirectly, grow out of any statutory basis of liability or from an act, error, omission or neglect by you, your directors, officers, partners, agents, employees, contractors and subcontractors (where applicable), and we shall have no obligation or liability in connection therewith or arising therefrom and without any substantial contributing action or inaction on the part of SgMurphyBed. SgMurphyBed shall have the right to approve the attorney to defend any such claim or cause of action against which SgMurphyBed is indemnified hereby at your expense if such action is brought against SgMurphyBed. This indemnification is intended to cover any parent or direct or indirect subsidiary of SgMurphyBed, any division or affiliate and its and their respective officers, directors, agents, employees, representatives, successors and assigns.
10. WAIVER
No failure to exercise, or delay in exercising, any right pursuant to these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
11. RIGHTS OF THIRD PARTIES
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of the terms contained within these Terms and Conditions.
12. SEVERABILITY
If any of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable, in whole or in part, such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Terms and Conditions and the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
13. WHOLE AGREEMENT
These Terms and Conditions set out the whole agreement between you and SgMurphyBed in respect of subject matter of these Terms and Conditions and supersede any previous draft, agreement, arrangement or understanding, whether in writing or not, relating to its subject matter.
14. CUMULATIVE REMEDIES
The provisions of these Terms and Conditions, and the rights and remedies of the parties under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies a party may have at law or in equity; no exercise by a party of any one right or remedy under these Terms and Conditions, or at law or in equity, shall operate so as to hinder or prevent the exercise by it of any other such right or remedy.
15. SURVIVING PROVISIONS
Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination pursuant to these Terms and Conditions, including Waiver, Notices, Indemnification, Limitation of Liability, Whole Agreement, Cumulative Remedies, Severability, Rights of Third Parties, Surviving Provisions, Governing Law, Dispute Resolution shall survive termination of these Terms and Conditions.
16. NOTICES
16.1 Any notice to be given by one party to the other party (“Notice”) in connection with these Terms and Conditions shall be in writing in English and signed by or on behalf of the party giving it.
16.2 Such Notice shall be deemed to have been duly given or made when it is delivered by hand or by prepaid registered post to the last known address of the parties.
16.3 Notices may also be made by parties by electronic mail or other electronic means and shall be deemed to have been duly given or made when it is sent to the electronic mail address of the receiving party.
16.4 Either party may change its address and electronic mail address referred to above by giving the other party written notice of the change.
17. DISPUTE RESOLUTION
You and SgMurphyBed hereby irrevocably submit to the jurisdiction of the Singapore courts and both parties waive any objection to the exercise of that jurisdiction.
18. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore.