This website, www.thesetinythings.com (the “Website”), is operated by These Tiny Things Pte. Ltd. (“we”, “us” and “our”). These terms and conditions (the "Terms") apply to the Website and form the terms and conditions on which we provide any products and/or services to you. Please take the time to read through the Terms before you use and/or access the Website. By using the Website and/or any services provided by us and/or purchasing any products from us, you confirm that you have acknowledged, understood, and agree to adhere to the Terms.
We reserve the right to update, amend and/or replace any part of the Terms by posting the revised Terms here. You should check this page frequently to review the most current version of the Terms and to see if there are any updates or changes to the Terms. Your continued use of and/or access to the Website following the posting of any changes constitutes your acceptance to the Terms posted.
The Website may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including third party service providers. You acknowledge and agree that we are not responsible for the content, terms and conditions, privacy policies, or practices of such third party websites or the companies that own them. By using the Website, you expressly relieve us from any liability arising from your access and use of any such third party website.
If you are below 18 years old, you must obtain the consent of your parent(s) or legal guardian(s) before accessing, using and/or making any purchase through the Website. By accessing and/or using the Website, you represent and warrant that:-
(a) you are the user of the Website and that you are at least 18 years of age; and
(b) all information supplied by you on the Website is true, accurate and complete.
- User Accounts
You must notify us immediately of any breach or suspected breach or unauthorised use of your account. Notwithstanding the foregoing, you agree that any access to and/or use of the Website and/or our services, and/or any information or communication transmitted, which is referable to your account shall be deemed to be access or use by you and/or information or communication validly transmitted by you, and we shall not be obliged to make any enquiries as to the user of your account.
We shall be entitled to act upon, rely on and hold you responsible for any such access or use and/or information or communication transmitted as if the same were acts by you. We reserve the right to disable, deactivate and/or delete any account at any time in our sole discretion, if in our opinion, you have failed to comply with any of the provisions of these T&Cs.
- Warranties and Limitation of Liability
The Website, all information provided therein, our products and/or our services are provided to you 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.
Without limiting the generality of the foregoing, we expressly disclaim 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 error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are expressly excluded.
We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
- 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 us;
- any unsuitable or improper use and/or alteration of our products, and/or any wilful damage, negligence, or other misuse of our products, as well as fair wear and tear, by you or any third party;
- any third party claims, whether directly or indirectly caused by, or relating to, the content of our Website and/or the products or services purchased on or through our Website; and
- any warranties provided under these Terms if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access to and/or use of the Website is dependent on third party service providers such as internet, network or other link providers. Your payment for any product(s) purchased from the Website is processed by third party payment system providers and we do not retain or process any such payment information other than for the purposes of providing you with the products or services specified in the Website in accordance with applicable law. We do not guarantee the security of such third party payment system(s) or any payment data on the Website, you agree that we are not responsible for any acts or omissions of any third parties whatsoever and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
We shall not under any circumstance be liable for any injury, loss, claim, expenses of whatever nature and howsoever arising or any direct, indirect, general, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s) and/or the Website, or any product(s) procured or purchased from us, or for any other claim related in any way to your use of any such service or product, even if advised of their possibility.
To the extent that any exclusion of liability under the Terms is not permitted under law, our aggregate cumulative liability under any claim shall in any event not exceed one-third of the sum that you have paid to us for the purchase of our products under your Order.
- Orders and Services
You may place an order with us by completing and submitting the order form on the Website. It is your responsibility to ensure that your order and all information provided to us is accurate. An order shall be deemed irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process any such order without your consent and without any further reference to you.
We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion without assigning any reason, and we will notify you if we are unable to accept and/or process your order for any reason including, without limitation, if the product(s) in your order is out of stock or is unavailable, if there are limitations on our resources, if we have identified an error in the price and/or description of the product, or if we are unable to meet a delivery deadline or other request you have specified. Orders placed through the Website are for personal and/or gifting purposes only and not for commercial purposes (such as resale), and without prejudice to the generality of the foregoing, we reserve the right to restrict orders for multiple quantities of any item(s) to any one customer or address.
The price payable by you for a product shall be the price listed for sale as stated on the Website at the time your order is transmitted to us through the Website, together with any applicable taxes and shipping costs. For the avoidance of doubt, you shall be responsible for the payment of any and all taxes or duties levied or charged on you order as well as all shipping costs. We reserve the right to amend the price of any product at any time without giving any reason or prior notice.
Unless otherwise stated, prices are in Singapore dollars and prices specified in any other currency are for your reference only and the actual amount you pay for a product in any currency other than Singapore dollars will be determined by the relevant third party that processes the payment of your order.
Any orders that are unpaid after the specified payment time-frame shall be deemed cancelled unless we determine otherwise in our sole and absolute discretion. In the event that any product has been mispriced on the Website, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
- Product Information and Descriptions
We endeavour to be as accurate as reasonably possible in the information we provide about the products available for purchase through the Website, including in relation to product descriptions, pricing, promotions, availability and shipping information. We however do not warrant or represent that such information provided on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any inaccuracies, omissions or errors, and to update or amend the information, or to cancel any orders in the event that any information is, in our opinion, materially inaccurate or erroneous.
Our products may differ from the images of our products on the Website and the colours of the products may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We endeavor to ensure that screen colours are true to life as much as possible. Nevertheless, the images of the products on our Website are for solely illustrative purposes only. Variations in measurements are not considered a defect.
For more information on shipping and delivery of your order, please refer to our Website. Any delivery times and dates specified on the Website are only estimates and the time taken for delivery may differ. Deliveries are outsourced by us to external third party delivery providers and we shall not be liable for any delay in the delivery of your order.
Should the item(s) that you order be out of stock or on back-order, the delivery of your entire order will only take place once such item(s) become available, unless otherwise specified by you at the time of your order.
If the delivery of your order fails for any reason and your order is returned to us, we would be happy to arrange for the re-delivery of your order, subject to you paying us for any costs incurred by us in relation to the return of your order and/or for such re-delivery. We reserve the right to terminate your order should you repeatedly fail to take delivery.
Title and risk of loss in relation to all orders will pass to you upon shipment from our shipping location. We will engage a third-party courier to ship the order to you and will provide third-party insurance coverage of up to S$30 for each order with you named as the loss payee. In the event that the order is lost or damaged in transit, the third-party courier shall reimburse up to a sum of S$30 to you. We will not be liable in the event that your claim exceeds the claim limit and will not provide any refunds or issue any credits or provide any replacement products.
- Returns and Exchanges and Incorrect or Incomplete Orders and Defects
Items purchased on our Website, whether on sale or not, are final and may not be returned or exchanged.
We will only be able to offer returns for items which are defective or if wrongly sent. These items must be unused, unworn, unwashed, unopened, in their original packaging and with their tags still attached and may be returned to us (at your sole cost) within ten (10) business days from date of purchase.
Please contact us via email at firstname.lastname@example.org and quote your order number as well as reason(s) for return. We may ask you to provide us with such reasonable assistance as we may require, including providing photographs of the item(s). We will review your returns on a case-by-case basis and will provide you with instructions on return (if applicable).
You are responsible for the item(s) that you return to us until we receive them. Please note that we cannot be responsible for item(s) that are lost or which cannot be located prior to being received by us. You are encouraged to use a trackable form of delivery to send your returns to us. Upon our receipt and verification of the returned item(s), and provided that they meet the returns criteria specified above, we will proceed to provide you with store credits equivalent to the amount paid by you for the returned item(s), excluding shipping costs. Any refund via store credits will be processed by us within 21 days of our receipt of the returned item(s).
If the correct item is no longer available, we reserve the right to issue store credit to you instead.
We will only be able to offer returns for items purchased from the Website. For returns of products purchased from other third party retailers, please check with the relevant retailer directly.
- Prohibited Activities
You undertake that you will:
- not use the Website and/or our services or products and/or your account for any illegal or unauthorised purpose and/or any other purpose not expressly authorised by us;
- not attempt to gain unauthorised access to the Website and/or any other user account, or otherwise interfere or disrupt other computer systems or networks that may be connected to the Website, interfere with the utilisation and/or enjoyment of the Website by another user, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another user’s computer or mobile device or the Website; and
- not disrupt, interfere with, hack into or otherwise impair the proper working of the Website and/or post or transmit through the Website any information, graphics, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; and/or any such information, data or material that may be defamatory, libelous or threatening or is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law or regulation; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
- Intellectual Property
All intellectual property rights in and to the content on the Website and any material published in it is owned by or licensed to, us and we reserve and retain all rights in such material. You shall not, without our prior written consent, copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means. The name of These Tiny Things or any of our marks may not be used in any way, including in any advertising or publicity, or as a hyperlink, without our prior written consent.
- Linked Sites
We may from time to time provide on the Website links to other sites that may be of relevance or interest to you. You acknowledge that we have no control over, and are not responsible for, the content on such linked sites or for any damage or loss you may incur from the linked sites, including, without limitation, any virus, spyware, worms, malware, errors or damaging material contained therein, and you hereby waive any claim against us with respect to such linked sites
- User Comments, Reviews and Submissions
If you submit any information or materials to us, including without limitation any responses to contest entries, reviews of our products, ideas, suggestions, proposals, plans, or questions, whether online, by email, by mail, or otherwise (collectively, “Submissions”, which for the avoidance of doubt exclude any personal data), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions. We shall not be under any obligation to (1) maintain any Submission in confidence; (2) pay compensation for any Submission; or (3) respond to any Submission.
We may terminate an order at any time by written notice to you:
- if you do not make payment to us when it is due;
- if you do not, within a reasonable time, provide us with information necessary for us to provide you with any product(s) or service(s) such as your delivery address;
- if you breach or do not comply with any of the terms and conditions of the Terms; or
- for any other reason(s) whatsoever in our sole discretion.
If we terminate your order, we will refund any amounts you have paid in advance for any product(s) we have not provided, subject to the deduction of any costs and/or expenses incurred by us prior to the termination of such order.
You agree to indemnify us and hold us and our directors, shareholders, employees, associates, partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses arising out of your access of, use of and/or participation in the Website, including without limitation for (a) any claims of infringement of a third party’s rights; (b) damage to tangible property, bodily injury, or death; (c) negligence or willful misconduct whether caused or attributable to you or any of your agents; and (d) breaches of your obligations under the Terms.
- Access to the Website
We may change and/or remove any content or material on the Website at any time in our sole discretion. You acknowledge that the content or material on the Website may be out of date at any given time, and that we are under no obligation to update the Website. We shall not be liable if for any reason the Website, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Website for any reason without prior notice to you.
- Other General Terms
Governing Law: The Terms and any dispute or claim arising out of or in connection with the Terms including any non-contractual dispute or claim or dispute concerning its subject matter or formation, shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any claim or dispute arising out of or in relation to the Terms and/or your use of the Website, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the arbitration rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat and place of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator and the language of arbitration shall be English.
Assignment: The rights and obligations under the Terms may not be assigned by you to another party without our express written consent.
Waiver: The failure by us to enforce any right or term of the Terms shall not be construed as a waiver of such right or term.
Headings: The headings in the Terms are included for convenience and should be ignored in interpreting the Terms.
Severability: Should any provision of the Terms be held to be invalid, illegal or unenforceable, such provision shall be deemed not to form part of the Terms and shall not affect the validity of the other provisions of the Terms, which shall remain in full force and effect.
Rights of Third Parties: A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) Singapore, to enforce any provision of the Terms.
Entire Agreement: The Terms, and any other terms and conditions referred to herein, constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior communications and understandings with respect to such subject matter.
No Partnership: Nothing in the Terms or in your use and/or access of the Website shall be deemed to create any joint venture, agency, partnership, or employment relationship between you and us.
Last updated on 30 June 2021.