Terms and Conditions of Sales

PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

SHOULD YOU NOT AGREE WITH THESE TERMS AND CONDITIONS OF SALE, PLEASE DO NOT PROCEED WITH YOUR PURCHASE.

These Terms and Conditions of Sale contain the terms and conditions governing your purchase from us of recreational fishing and/or marine related products and/or any other products that we may offer to you from time to time from and/or via this website (“Website”). You acknowledge that you have read and are fully aware of the contents of these Terms and Conditions of Sale, and that, by placing any purchase order for the Products, you accept and agree to be bound by them.

1. Definitions:

"Confirmed Contract" means the contract made on these Terms, arising out of the offer to purchase Products by Customer as embodied in the Order Process, and the acceptance of such offer by Eastackle.
"Customer" means a person who makes an offer to purchase the Products using the Order Process via the Website.
"Eastackle" or “us” means Eastackle Pte Ltd (Reg No: 201009814D) (Dun & Bradstreet DUNS No: 65-917-2139), a privately owned limited liability company incorporated under the laws of Singapore with its principal place of business at ArcSphere, 124, Lorong 23 Geylang, #02-02, Singapore 388405.
"Expectation Date" means the date that is five (5) Working Days from the date of formation of a Confirmed Contract, or such other later estimated date for delivery of the Products as Eastackle may notify Customer.
“Location” means the place of delivery of the Products as set out by the Customer in the Order Process and as accepted by Eastackle, which may be subsequently modified by mutual agreement of the Parties.
"Loss" includes loss, damage, costs, actions, claims, liabilities, proceedings, demands, risks, charges and/or expenses of whatsoever nature and howsoever arising, (inclusive of delays, loss of profits,lost savings, loss of opportunities and inconveniences, special,incidental, punitive, exemplary or consequential damages (whether in tort, contract or otherwise)) whether direct, indirect, joint, several,actual, contingent or otherwise (including legal fees on a full indemnity basis) and includes without limitation claims made by third parties, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers, property damage or pecuniary losses howsoever arising.
"Marketing Materials" include advertisements, catalogues, specification sheets and such other similar material whether made available by Eastackle on the Website or elsewhere.
“Order Process” means the online process available at the Website, which Customer uses to submit his offer and to pay for his purchase of the Products and where the Customer sets out the personal particulars required by Eastackle.
“Parties” means Eastackle and Customer, and “Party” means either one of them.
“Payment Information” means website content found in the “Customer Service” webpage on the Website under the heading of “How to Pay”.
"Price" means the amount(s) payable by Customer for the Product(s)as advertised on this Website, which shall include all shipment and handling cost (which shall includes local taxes, custom duties etc, but not limited thereto) related to the shipment of such Product(s).
"Product(s)" means recreational fishing product(s) and/or marine related products and/or any other products that Eastackle may offer from time to time that are listed as shopping items on this Website and forming the subject matter of this contract, as selected by Customer and identified in the Order Process.
"Tax" includes the Goods and Service Tax and such other tax, levy, fee, tariff or other charges as may be levied in Singapore.
“Terms” means these Terms and Conditions of Sale (including all attachment(s) and usage guidelines that may be published from time to time by Eastackle) and any amendments and supplements thereto as may be made from time to time by Eastackle).
"Working Days" means a day (other than Saturday, Sunday or a public holiday) on which banks are open for business in Singapore.

2. Sale and Purchase:

In consideration of the mutual rights and obligations set out herein, Eastackle agrees to sell and Customer agrees to purchase the Products in accordance with these Terms.
The obligations of the Parties to sell and purchase the Products are conditional upon the following:
1. The Customer providing Eastackle with full and complete personal details in the manner as requested for in the Order Process and in particular receiving evidence in form and substance satisfactory to Eastackle that Customer has attained the age of twenty-one (21) years;
2. The Customer providing Eastackle with evidence in form and substance satisfactory to Eastackle of the Location for delivery of the Products to the Customer;
3. Eastackle has sufficient supply of the Products to satisfy Customer's order;
4. The Customer providing Eastackle by way of email (to ([email protected]), a photocopy or scanned image of the front and back of the Customer’s credit card that is used to facilitate payment of the Products and/or any other supporting documentation (e.g. ID, passport, driver’s licence, latest credit card statement etc) that may be requested by Eastackle from time to time for anti-fraud verification purposes;
5. Eastackle receiving confirmation from the Customer’s credit card issuing bank (or any other service provider that may provide payment gateway services to Eastackle) of the authenticity and validity of theCustomer’s credit card transaction;
6. Eastackle receiving full payment from the Customer for the cost of the Products and any other cost related to the purchase of the Products in accordance with Clause 4 of this Terms; and
7. Customer receiving email confirmation from Eastackle within five (5) days from the date of payment that Eastackle has accepted Customer’s offer to purchase the Products as embodied in the Order Process.
The Parties acknowledge and agree that only Eastackle may, in its sole and absolute discretion, waive any or all of the foregoing conditions set out in Clause 2(2).
If any or all of the conditions set forth in Clause 2(2) are not fulfilled, these Terms and any Confirmed Contract shall ipso facto cease to have any force and effect whatsoever and Customer shall not have any claim or demand against Eastackle for any Loss suffered.
Eastackle reserves the right to reject and/or refuse acceptance of any offer to purchase the Products submitted by Customer without reason or notice, particularly in the event, but not limited thereto, that Eastackle is of the sole opinion that a transaction may be unauthorised, speculative, false or fraudulent. In addition, Eastackle reserves the right to cancel any or all Confirmed Contracts at any time after the acceptance by Eastackle of the relevant offer(s) by Customer.In such an event, all payments made by Customer for the cancelled Confirmed Contracts will then be refunded as soon as reasonably practicable. For the avoidance of doubt, at no time is Customer entitled or permitted to cancel or vary any Confirmed Contract without the prior written consent of Eastackle.
For the avoidance of doubt, all items and material available on the Website are merely invitations to treat and do not constitute any offer on the part of Eastackle.

3. Formation of Contract:

All offers to purchase the Products placed by Customer shall be subject to acceptance by Eastackle.
A Confirmed Contract shall arise only if and when Customer fulfils all his obligations under this Agreement and Eastackle, in accordance with Clause 2 above, sends to Customer a written notice of the acceptance by Eastackle of an offer to purchase the Products made by Customer using the Order Process via the Website, and not before. For the avoidance of doubt, Eastackle may, in its sole and absolute discretion, accept or reject any such offer by Customer.
Eastackle will only accept offers to purchase the Products, where the obligations of the Customer under these Terms have been satisfactorily fulfilled.
Eastackle reserves the right to accept offers to purchase the Products in whole or in part.

4. Price and Payment

Customer shall pay Eastackle the Price and all other applicable charges (if any) in the manner prescribed in Clause 4(2). The Price is exclusive of any delivery charges and Tax (whether payable in or out of Singapore by any Party as a result of the sale of Products arising out of the Confirmed Contract, including without limitation the use of the services of any other third party or payment facility) which may be due.
Customer shall make payment in the following manner:
1. All payments shall be made in Singapore Dollars;
2. Such payments shall be made by credit card payment via the Order Process, or such other mode of payment as Eastackle may prescribe on the Website from time to time;
3. Customer shall comply with the Payment Information as set out in the Order Process, which may be modified or supplemented from time to time by Eastackle in its sole and absolute discretion, and any other guidelines for payment as may be published by Eastackle on the Website from time to time. For the avoidance of doubt, in the event and to the extent of any inconsistency between these Terms and the Payment Information or such guidelines, these Terms shall prevail, unless the Payment Information or such guidelines expressly provide otherwise; and
4. The Price shall be due and payable by Customer, upon the formation of the Confirmed Contract as set out in Clause 3(2).
The Parties agree that time of payment shall be of the essence. For the avoidance of doubt, the Parties agree that if any part or all of the Price or any other applicable charges (if any) has not been paid free and clear by Customer and received in full by Eastackle, Eastackle shall be entitled to reject the Customer’s order without being liable to Customer for any Loss suffered, and all payments made by Customer in relation to that particular order will then be refunded as soon as reasonably practicable.
Where any Tax whether payable in or out of Singapore is payable by any Party as a result of the sale of Products arising out of a Confirmed Contract (including without limitation the use of the services of any third party or payment facility to make payment under the Confirmed Contract), such Tax will be borne solely by Customer.

5. Delivery and Receipt:

Delivery of the Products shall only commence when the Price and all other applicable charges (if any) have been paid free and clear and received in full by Eastackle.
Eastackle shall endeavour to arrange to deliver the Products to the Customer at the Location by the Expectation Date. Eastackle shall use its sole and absolute discretion in selecting a reputable carrier and appropriate means of shipment. Customer shall make all arrangements necessary to take delivery of the Products whenever the Products are tendered for delivery. For the avoidance of doubt, the Expectation Date is only an estimate and shall not form part of the Confirmed Contractor any collateral or other contract between Eastackle and Customer.
Eastackle may deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate Confirmed Contract and no default or failure by Eastackle in respect of any one or more instalments shall vitiate the Confirmed Contract(s) in respect of theProducts previously delivered or undelivered Products. In the event that Eastackle gives notice to Customer that it is unable to deliver any instalment of the Products, Customer shall be deemed to have accepted those instalments already delivered but Eastackle shall reimburse the Price of the undelivered Products which have been paid for by Customer as soon as reasonably practicable.
If Customer (including its agent or such other person duly appointed and authorised by Customer) fails to:
1. take delivery of the Products (or any part thereof), for any reason whatsoever, including where Eastackle retains or withholds the Products under Clause 5(9) or where the designated recipient of the Products is not Customer and the designated recipient does not complete or sign any document under Clause 5(10); or
2. provide adequate delivery instructions, documents, licenses,consents or authorisations required to enable the Products to be delivered,
without any prejudice to any other right or remedy available to Eastackle, Eastackle shall be entitled to store the Products until Customer is able to take delivery of the Products or such adequate delivery instructions, documents, licenses, consents or authorisations are given by Customer. In such an event, the risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, andCustomer shall pay to Eastackle all costs and expenses (including storage and insurance charges) arising from his failure to take delivery.
If Customer fails to take delivery of the Products within thirty (30) days of the Expectation Date for any reason whatsoever, Eastackle shall be entitled to dispose of the Products in any way and manner it deems fit without being liable to Customer for any gains and/or proceeds that Eastackle may receive or Loss suffered by Customer. In such instance, Eastackle shall refund to Customer within a reasonable time frame the balance of the payment for the Products less (i) all cost and expenses (including storage and insurance charges) arising from the Customer’s failure to take delivery, (ii) the shipment cost(and any other cost, duties, taxes etc related to such shipment) and (iii) a 20% restocking fee (where such percentage shall be calculated against the total cost of the Products) for the return of the Products to Eastackle.
In no event shall Eastackle be liable for any Loss due to late delivery, short delivery or non-delivery of the Products.
Notwithstanding that Eastackle may have delayed or failed to deliver the Products (or any of them) promptly, Customer shall, subject to anything to the contrary in these Terms, be bound to accept delivery and to pay for the Products in full provided that delivery shall be tendered any time within thirty (30) days of the Expectation Date.
Time for delivery shall not be of the essence of any Confirmed Contract unless previously agreed by the Parties in writing. The Products may be delivered in advance of the Expectation Date uponEastackle giving reasonable prior notice to Customer.
Before Customer takes delivery of the Products, Eastackle shall be entitled to have sight and make copies of any documentation it deems necessary to identify and verify that the person actually taking delivery is Customer, Customer's agent or Customer's representative,and to retain or withhold the Products if such person is not so identified and verified. Without limiting the generality of the foregoing, Eastackle shall be entitled to have sight and make copies of Customer's (or where the person taking delivery of the Products isCustomer's agent or representative, both Customer's and the agent's or representative's) National Registration Identity Card(s) (“NRIC”), passport(s) or other similar photo-identification document(s) (and where applicable, a duly-signed authorisation form in the prescribed form in favour of the agent or representative) before permitting the taking delivery of the Products, and to retain or withhold the Products if Eastackle is not satisfied in its sole and absolute discretion that the person taking delivery of the Products is Customer (or Customer's duly authorised agent or representative, as the case may be) (including where the number of the NRIC or passport provided does not match the NRIC or passport number provided by Customer when ordering the Products).
Upon receipt of the Products, Eastackle shall be entitled to require Customer (including his agent or such other person duly appointed and authorised by him) to complete and sign:
1. any Eastackle invoice or carrier's delivery advice sheet or such other similar documentation, unless there is a dispute as to short delivery; and
2. where Eastackle delivers the Products to a person who is not Customer, any document acknowledging the recipient’s identity and/or rendering the recipient personally liable for the Products in the event Eastackle does not receive full payment for the Products, whether from Customer or otherwise.

6. Acceptance and Return Policy:

Acceptance and Deemed Acceptance:

Customer shall inspect the Products on delivery and shall within five (5) calendar days of delivery notify Eastackle in writing by email to [email protected],of any alleged defect, shortage in quantity, damage or failure to comply with the description of the Products as set out on the Website. If Customer shall fail to comply with these provisions, the Products shall be conclusively presumed to be in accordance with the ConfirmedContract and free from any defect (in material and workmanship), damage or danger which would be apparent on a reasonable examination of theProducts and Customer shall be deemed to have accepted the Products.After acceptance, Customer shall not be entitled to reject the Products (or any of them) if they are not in accordance with the Confirmed Contract.
Where Customer accepts or is deemed to have accepted any Products (e.g. through failure to notify Eastackle in accordance with Clause 6(1) above, use of the Products, damage of the Products on inspection etc, but not limited thereto), Eastackle shall have no liability whatsoever to Customer in respect of the delivery of those Products.

Non-Delivery and Short Delivery

Customer shall notify Eastackle in writing by email to [email protected] of any non-delivery or short delivery within five (5) calendar days of delivery. Notwithstanding the receipt by Eastackle of such notice, a clear signature of Customer (including his agent or such other person duly appointed and authorised by him) on Eastackle's invoice or courier's delivery advice sheet or such other similar documentation shall be deemed to signify receipt and acceptance of the quantity of Products indicated on the said document.

Return Policy and Procedures:

Where Customer rejects any Products in accordance with Clause 6(1) above and Eastackle receives written notification by email to [email protected] of the reasons for such rejection within five (5) days of delivery, Eastackle shall issue, by way of return email to Customer’s email account (as registered with Eastackle), a return Product authorisation (“RPA”) number to acknowledge Customer’s intention to reject and return the Products to Eastackle under this return policy and procedures (“Return Policy and Procedures”).
Once Eastackle has issued Customer with a RPA number, Customer shall be required to complete the return form (“Return Form”) located on the reverse side of the invoice for the Products that are being rejected and returned to Eastackle. The Return Form must include Customer’s full name and contact details (if different from invoice) which shall include mailing address, email address, telephone number (should Eastackle be required to contact the Customer), the RPA number and Customer’s reasons for rejecting the Products.
Once Customer has completed the Return Form, Customer shall enclose the Return Form along with the rejected Products in the original box (or an appropriately sized box that may be provided by Customer’s courier) with its original protective packaging and prepared for shipment. Customer shall display the RPA number on a conspicuous place on the outside of the package for ease of reference.
Customer shall ship the package on CIF terms to the following address through a reputable courier (such as UPS) that offers a traceable shipping method:
Address:
ArcSphere
124, Lorong 23 Geylang
#02-02
Singapore 388405
For the avoidance of doubt, any loss or damage to the rejected Products that may arise as a result of such return shipment shall be borne by Customer. In such an event and notwithstanding Clause 6(12) below, Eastackle reserves the right to deduct such amounts originally paid by Customer to replace or repair such loss or damaged Products, and such amounts deducted by Eastackle shall be final and conclusive. Customer is strongly advised to purchase sufficient insurance through its courier to cover such shipment.
Further, Eastackle will not accept returned Products without an RPA number and this Return Policy and Procedures shall not apply.
Once Eastackle has received the returned Products, it shall confirm such receipt by way of return email to Customer’s email address (as registered with Eastackle) and shall in its sole and absolute discretion:
1. make good any shortage in the Products;
2. repair or replace any Products (or any part thereof) that are not in accordance with the Confirmed Contract for any reason; or
3. as soon as reasonably practicable refund all payments made by Customer in respect of such rejected Products, and Customer shall have no further rights whatsoever in respect of the supply to Customer of such Products or the failure by Eastackle to supply Products which conform to the Confirmed Contract. For the avoidance of doubt, where only some or part of the Products delivered by Eastackle are rejected,Eastackle shall refund only (i) the Price for such rejected Products,and (ii) a pro-rated part of any other applicable charges, and the pro-rating of such charges by Eastackle shall be final and conclusive.
For the avoidance of doubt, Clause 6(10) shall only apply upon Eastackle’s receipt of the Products that:
1. have not been accepted or deemed accepted by the Customer (in accordance with Clause 6);
2. is returned unused and undamaged in its original condition and packaging; and
3. is returned in accordance with the above procedures.
Customer shall be responsible for shipping and for bearing all cost related to such shipment of the rejected Products back to Eastackle at the address as set out above in Clause 6(7) (and as set out in the Website which may be amended from time to time), or such other address which Eastackle may notify Customer in writing, unless the return is due to Eastackle’s error in Customer’s order. For the avoidance of doubt, such error shall be limited to instances where Eastackle inadvertently sends Customer a different order from the Products that Customer purchased though the Website’s Order Process.
In addition, Eastackle reserves the right to charge Customer a 20% restocking fee (where such percentage shall be calculated against the total cost of the returned Products) for the return of the Products to Eastackle after forty-five calendar (45) days from the date of issuance of the RPA number.

7. Title, Risk of Loss or Damage:

Save for Clauses 5(4) and 5(5), the Parties agree that property and risk in the Products shall pass to Customer upon physical delivery of the Products to the Customer at the Location. In addition, the Parties agree that regardless of Clauses 5(4) and (5), Eastackle shall not under any circumstances hold the Products on a fiduciary basis as bailee for Customer.

8. Support:

Subject to Clause 8(2), Customers may email (to [email protected]), or call (+65 6842 0717) for support in relation to the Products that they have purchased. Telephone support shall be rendered during the hours of GMT +8hrs between 0900hrs to 1800hrs,Mondays to Fridays. Eastackle shall provide such telephone support in accordance with any terms and conditions prescribed by Eastackle, including but not limited to those set out on the Website and herein.
In no event shall Eastackle be liable for any Loss due to the provision of telephone support by Eastackle under Clause 8(1).

9. Limited Warranty:

Subject to this Clause 9 (and save for the terms of any applicable extended service plan as purchased by the Customer from the Website ("Extended Service Plan")), the Products as offered on the Website are warranted by their respective manufacturers, for the period of one (1) year from the date of delivery (“Warranty Period”), to be free from defects in materials and workmanship (“Warranty”). Work done by the respective manufacturer or by Eastackle pursuant to the Warranty will be referred to as “servicing”.
The Warranty:
1. shall only apply to Products that have been identified on the Website to be subject to and be covered by this Warranty;
2. is non-transferable and applies only to the original Customer and shall be void and invalid if the Product is not presented to Eastackle with a certified true copy of the original invoice for the purchase of the Product;
3. is void and invalid if the respective manufacturer’s (or Eastackle’s as the case may be) applied serial number or Warranty decal for the Product has been defaced, altered or removed, or any attempt todo so has been made;
4. does not cover any damage (as assessed by the respective Product’s manufacturer or Eastackle as the case may be) to be arising directly or indirectly out of (i) any acts of God, accident, misuse, abuse,negligence, commercial use or unauthorised modifications of theProduct, (ii) improper operation or use of the Product (which shall include but not be limited to use of the Product outside of the applicable manufacturer’s specifications), (iii) improper maintenance of the Product, or (iv) any attempt to repair the Product by any party other than Eastackle, the respective Product’s manufacturer or their authorized agents;
5. does not include the provision of any technical assistance for the use of the Product; and
6. does not apply where the defect or malfunction in question directly or indirectly results from the use of the Product in conjunction with unauthorised parts, accessories or peripherals not provided or recommended by the respective manufacturer or Eastackle for use with the Product, or where the respective manufacturer or Eastackle reasonably determines that there is no fault or defect with the Product attributable to the respective manufacturer or Eastackle.
Upon discovery of any defect in the Product attributable to defects in material or workmanship, Customer shall:
1. Notify Eastackle in writing by email to [email protected] of such defect and the intention to exercise Customer’s rights under this Warranty, by providing:
  1. The invoice number and date for the purchase of the defective Product for reference purposes; and
  2. A detailed description of the events leading up to the occurrence of the defect to assist the respective Product manufacturer in determining the cause of defect. For the avoidance of doubt, failure todo so may result in delays in rectification of the defective Product.
2. Upon Eastackle’s acknowledgement of receipt of Customer’s notification, arrange for shipment (through a reputable courier (such as UPS) that offers a traceable shipping method) of the defectiveProduct on CIF terms to the following address (or such other manufacturer’s address as may be provided from time to time) for inspection by the respective manufacturer (and/or Eastackle as the case may be):
  Address:
  ArcSphere
  124, Lorong 23 Geylang
  #02-02
  Singapore 388405
3. Provide Eastackle with the airway bill number/tracking number and the expected date of delivery of the defective Product to the above address.
Upon receipt and inspection of the defective Product, the respective manufacturer and/or Eastackle (as the case may be) shall, at its sole and absolute discretion, either repair such Product or replace it with an equivalent product or part (which may attract a fee for labour or parts that the respective manufacturer (and/or Eastackle as the case may be) will charge to Customer if specified on the Website), provided that the respective manufacturer (and/or Eastackle as the case may be) is satisfied that the defect is attributable to defects in material and workmanship in the Product.
For the avoidance of doubt, Customer shall only have to bear shipment cost (and any other related cost to such shipment of such inoperable Product, including local import taxes, duties, insurance etc) to Eastackle at the above address.
In addition, any loss or damage to the defective Product that may arise as a result of such shipment shall be borne by Customer. Customer is strongly advised to purchase sufficient insurance through its courier to cover such shipment.
In the event that any parts or components in the Product are repaired or replaced, the respective manufacturer or Eastackle shall have title to any parts or components removed from the Product. The respective manufacturer or Eastackle may in its sole and absolute discretion use used or reconditioned parts in servicing the Product, provided that they are of equivalent performance to new parts. For the avoidance of doubt, servicing a Product does not extend the Warranty Period in any way.
Upon the conclusion of servicing, Eastackle shall return the serviced Product to Customer.
Except for the Warranty accompanying the Products (as identified on the Website as being subject to this Warranty) and the provisions contained in this Clause 9, the respective manufacturers and/orEastackle expressly disclaims all representations and warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance, to the fullest extent permitted by applicable law.
For more matters or any queries relating to this Warranty and/or support policy, Customer may contact Eastackle by email to [email protected].

9A. Extended Service Plan:

This Extended Service Plan (“Plan”), shall only apply if the Plan is purchased from Eastackle together with the corresponding Product and that such Product has been identified on the Website to be subject to and be covered by the Warranty.
The Plan shall take effect from the date of purchase of the Product and will continue to apply for the period of coverage from the date of expiry of the Warranty Period.
This Plan is transferable (free of charge) to a new owner of the Product for the remaining period of coverage of the Plan and the terms as set out herein shall apply to the new owner.
Under this Plan, Eastackle shall service and repair the Product in the event that it is rendered inoperable due to:
1. Defects in materials or workmanship; and
2. Normal wear and tear.
In the event of Product inoperability, Customer shall:
1. Notify Eastackle in writing by email to [email protected] and the intention to exercise Customer’s rights under this Plan, by providing:
  1. The invoice number and date of purchase of the Product for reference purposes; and
  2. A detailed description of the event(s) leading up to the inoperability of the Product to assist Eastackle in determining the cause of the defect. For the avoidance of doubt, failure to do so may result in delays in rectification of the inoperable Product.
2. Upon Eastackle’s acknowledgement of receipt of Customer’s notification, arrange for shipment (through a reputable courier (such as UPS) that offers a traceable shipping method) of the inoperable Product on CIF terms to the following address (or such other manufacturer’s address as may be provided from time to time) for inspection by Eastackle (or the respective manufacturer as the case maybe):
  Address:
  ArcSphere
  124, Lorong 23
  #02-02
  Singapore 388405
3. Enclose a copy of the original invoice along with the shipment as proof of purchase (and/or transfer); and
4. Provide Eastackle with the airway bill number/tracking number and the expected date of delivery of the inoperable Product to the above address.
Upon receipt of the Product, Eastackle will inspect the Product for inoperability in accordance with the terms of and conditions of this Plan. If the Product is determined to be inoperable through normal usage, Eastackle shall provide labour and parts necessary for servicing the inoperable Product to restore it to normal operating condition free of charge to Customer. Customer shall only have to bear shipment cost (and any other related cost to such shipment of such inoperableProduct, including local import taxes, duties, insurance etc) to Eastackle at the above address. For the avoidance of doubt, ifEastackle does not discover any defect with the Product, or if repairs are denied based on the terms and conditions of this Plan, Customer will be solely responsible for all costs incurred including the cost of return shipment (and any other related cost to such shipment including local import taxes, duties, insurance etc) of the Product to Customer.
In the event that any parts or components in the inoperable Product are repaired or replaced, Eastackle shall have title to any parts or components removed from the inoperable Product and may in its sole and absolute discretion use used or reconditioned parts in servicing the Product, provided that they are of equivalent performance to new parts.For the avoidance of doubt, servicing a Product does not extend the Warranty Period in any way.
In the event that replacement parts needed for repairing the inoperable Product have been discontinued from production by the manufacturer and reconditioned parts are no longer available during the coverage period of the Plan, Eastackle shall be excused from performance hereunder and the Customer shall receive a prorated refund of the price paid by the Customer for the Plan. For the avoidance of doubt, Customer agrees that Eastackle shall not be liable for any damages as a result of unavailability of replacement Product parts.
Upon the conclusion of servicing, Eastackle shall return the serviced Product to Customer.
For the avoidance of doubt, this Plan does not cover:
1. Any damage (as assessed by Eastackle or the respective Product’s manufacturer as the case may be) to be arising directly or indirectly out of (i) any acts of God, accident, misuse, abuse, negligence, commercial use or unauthorised modifications of the Product, (ii) improper operation or use of the Product (which shall include but not be limited to use of the Product outside of the applicable manufacturer’s specifications), (iii) improper maintenance of the Product, or (iv) any attempt to repair the Product by any party other than Eastackle, the respective Product’s manufacturer or their authorised agents;
2. Any repair covered by the manufacturer’s Warranty;
3. Repairs to cosmetic parts or repairs required due to deterioration of the appearance or finish of the product including, but not limited to: rust, corrosion, discolouration, scratches and dents to the Product or any non-operating part, including plastic or decorative parts.
4. Recall, or rework requested by the manufacturer regardless of the manufacturer’s ability to pay for such repairs;
5. Cleaning or regular maintenance;
6. A Product with removed or altered serial numbers - for the avoidance of doubt, this Plan is void and invalid if the respective manufacturer’s (or Eastackle’s as the case may be) applied serial number or Warranty decal for the Product has been defaced, altered or removed, or any attempt to do so has been made;
7. Any defect or malfunction in question directly or indirectly results from the use of the Product in conjunction with unauthorised parts, accessories or peripherals not provided or recommended by the respective manufacturer or Eastackle for use with the Product; or
8. Loss of use during the period the Product is at a repair facility or otherwise awaiting parts.
Except for the provisions contained in this Clause 9A, Eastackle(and/or the respective manufacturers as the case may be) expressly disclaims all representations and warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance, to the fullest extent permitted by applicable law.
For more matters or any queries relating to this Plan, Customer may contact Eastackle by email to [email protected].

10. Limitation of Liability:

Except as expressly provided in these Terms, Eastackle accepts no responsibility and will not be liable for any Loss of whatever nature brought against, suffered, incurred by or caused to any party(including but not limited to Customer) whosoever, directly or indirectly due to, arising out of or in connection with:
1. any Confirmed Contract;
2. the performance of or failure to perform under any Confirmed Contract; or
3. the furnishing, performance or use of any Products sold or provided under any Confirmed Contract,
whether due to a breach of these Terms, breach of any warranty,negligence, or otherwise. Nothing in the foregoing shall be deemed, interpreted or construed as limiting in any way Eastackle’s liability for personal injury or death arising out of its negligence.
Eastackle shall have the sole and absolute discretion to use agents, contractors or correspondents to carry out or procure any of the matters under or contemplated in these Terms or any Confirmed Contract, and Eastackle shall not be liable to Customer for any act, omission, neglect or default on the part of such agents, contractors and/or correspondents.

11. Non-Commercial Use:

Products are not designed nor authorised for commercial use and any such use by Customer shall void any warranties and undertaking as set out under these Terms.

12. Product Changes:

Eastackle may update or discontinue any of the Products and/or revise prices for the Products listed as available items on the Website at any time. Customer agrees that differences (including differences related to appearance, performance and functionality) in the Products actually delivered and the Products described in the MarketingMaterials may occur. For the avoidance of doubt, all orders are accepted on these Terms which shall supersede any other terms orMarketing Materials appearing in the Website or elsewhere and shall override any other terms referred to by Customer or in any course of dealing.

13. Customer’s Representations and Warranties

Customer represents and warrants to and for the benefit of Eastackle that:
1. all particulars provided to Eastackle are accurate, complete and current;
2. he is an individual acting in his personal capacity;
3. he has attained the age of twenty-one (21) years and is the legitimate cardholder of the credit card that is being used to purchase the Products through this Website and its Order Process;
4. he has the capacity and power to enter into, exercise his rights and perform and comply with his obligations under these Terms;
5. his obligations under these Terms are valid, binding and enforceable;
6. his purchase of the Products is for his own internal and personal use; and
7. he shall not purchase the Products to resell the Products or any part/component thereof.

14. Export Restrictions:

Customer agrees to comply with all applicable export laws, regulations and orders of Singapore and any other applicable territory.

15. Force Majeure:

Eastackle shall not be in breach of any Confirmed Contract if there is any total or partial failure of performance by it of its duties and obligations under that Confirmed Contract occasioned by any act of God,fire, act of government or state, act of terrorism, war civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature and any other reason beyond its reasonable control.

16. Waiver/Invalidity:

No failure to exercise and no delay in exercising on the part ofEastackle any right, power or privilege under these Terms shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or any other right, power or privilege. Any waiver shall be in writing to be effective.
If any one (1) or more of the provisions in these Terms shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in anyway be affected or impaired.

17. Headings:

The section headings used herein are for convenience or reference only and do not form a part of these Terms or any Confirmed Contract, and no construction or inference shall be derived therefrom.

18. Notices:

Except as herein provided for, all notices, agreements, requests,instructions, permissions, approvals, demands and other communications (“Communications”) shall, unless otherwise expressly permitted under these Terms, be in writing and may be served by registered post or facsimile transmission at the Parties’ addresses or facsimile numbers set forth below or as notified by Eastackle to the Customer, and shall be deemed to be effectively served on such Party if served by registered post or courier, on the date of receipt of Communications, or if served by facsimile transmission on the date of transmission. The particulars of the Parties for the purposes of these Terms are:
Eastackle

Address: ArcSphere
124, Lorong 23 Geylang
#02-02
Singapore 388405

Attention: Andrew Luke Tan

Email: [email protected]
Customer
Address, email address and facsimile numbers are as set out in the Order Process.
Eastackle shall be entitled (but not obliged) in its sole and absolute discretion to rely and act on all Communications of whatever nature between Eastackle and any of Customer's agents by whatever title called, and to assume that all such persons are duly authorised by Customer to attend to all matters relating to the relevant Confirmed Contract.
Notwithstanding the foregoing, Eastackle shall be entitled at its sole and absolute discretion to rely and act on any Communications which are or purport to be from or given on behalf of Customer (whether orally or in writing and whether genuine or with or without Customer's consent or authority), and any action taken by Eastackle pursuant hereto shall bind Customer and Eastackle shall not be liable to Customer for any Loss incurred or suffered by it as a result of such action.
Customer shall inform Eastackle promptly of any change in any information furnished by Customer to Eastackle necessary for the performance of either Party's obligations under any Confirmed Contract.

19. Variation:

These Terms may be amended and/or varied by Eastackle at any time from time to time and any such amendment and/or variation shall become effective and binding on Customer upon notification thereof to Customer.

20. Entire Agreement:

These Terms and any other terms found in the Website embodies all the terms and conditions agreed upon between the Parties as to the subject matter of these Terms and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the Parties with respect to the subject matter hereof, whether such be written or oral.

If there is any conflict or inconsistency between these Terms and the terms as found in the Website, the provisions as found in these Terms will prevail over the terms found in the Website.

21. Governing Law:

These Terms, the Terms of Use, Online Privacy Policy and all Confirmed Contracts shall be governed by and construed under the laws of Singapore. The Parties hereby submit to the exclusive jurisdiction of the courts of Singapore.

Address:	ArcSphere 124, Lorong 23 Geylang #02-02 Singapore 388405
Attention:	Andrew Luke Tan
Email:	[email protected]

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