Terms of use
Yukiyama ("Yukiyama.sg", "we", "our" or "us") operates an online store on https://www.yukiyama.sg/ ("Site"), offering services for the online browsing, purchasing and delivery of products through the use of the Site ("Services"). We provide access to the Site and Services subject to your acceptance of these Terms of Use. By connecting, accessing, browsing or purchasing products at the Site, you agree to be bound by and to accept, without qualification or condition, the Terms of Use for our services rendered to you through the Site. Please read these Terms of Use carefully before using the Site. If you do not agree to our Terms of Use, please do not use the. By accepting these Terms of Use, you agree that these Terms of Use will apply whenever you use the Site or Services.
We reserve the right to amend, vary and change the Terms of Use at our discretion at any time without any notice to you by posting the amended terms on the Site. Your continued use of the Site following any changes shall be construed as your acceptance of any such amendments, variations and changes. If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at yukiyamasg@gmail.com
1. Use of the Site
1.1. Subject to your compliance with these Terms of Use, we grant you a non-exclusive and non-transferable licence to use the Site, and access and use the Services available via the Site, solely for your personal and non-commercial purposes.
1.2. The Site are meant for use from a Singapore location only. We do not represent or warrant that the Services or any text, graphics, documents, photographs, images, music, software, audio, video, information, digital or electronic files or other materials on the Site ("Content") are appropriate or available for use in your location. If you choose to access the Site from anywhere outside Singapore, you will be responsible for compliance with local laws, if and to the extent local laws are applicable.
1.3. You agree not to:
1.3.1. hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers; or
1.3.2. reproduce, display, or otherwise provide access to the Site or Services without our prior written consent.
1.4. Unless otherwise allowed by law or with our express written permission, you shall not:
1.4.1. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site;
1.4.2. insert any code or product or manipulate the content of the Site in any way that affects the proper working of the Site (including but not limited to any denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming); or
1.4.3. engage in any data mining, data gathering or extraction.
2. Registering for an Account
2.1. You are required to register for an account with us ("Account") by choosing a user name and password (collectively, "Log-in Details") to access certain features of the Site, including but not limited to placing an order on the Site.
2.2. You acknowledge and warrant that all information you provide during the registration process (and any information provided thereafter) is accurate, current and complete. We reserve the right to suspend or terminate your Account or to take any action which we deem necessary in our sole discretion if any information provided is found to be inaccurate or incomplete.
2.3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we may communicate with you effectively.
2.4. You are solely responsible for any activities or actions conducted and all communications transmitted through your Account, regardless of whether you have authorized such activities, actions or communications. For the avoidance of doubt, we will not be liable for any loss, damage, costs, expenses, or liabilities arising out of or in connection with any unauthorized use of your Account.
3. Suspension and Termination
3.1. We reserve the right, in our sole and absolute discretion, to restrict, limit, suspend, deactivate, delete or terminate our Services and your Account, prohibit access to the Site or Services, or remove any Content without assigning any reason and without notice or liability.
3.2. Without prejudice to the generality of the above, you agree that we may without prior notice immediately terminate your account and terminate your access to the Site under the following circumstances:
3.2.1. breaches or violations or purported breaches or violations of these Terms of Use and any other terms and conditions, incorporated guidelines, agreements or privacy policies which may be applicable;
3.2.2. upon the request of any competent authority;
3.2.3. upon your request to terminate your account;
3.2.4. misuse or abuse of the Site, including, without limitation any fraudulent, dishonest or illegal use of the Site;.
3.2.5. failure to pay any fees or charges on the Site to us; or
3.2.6. any other reasonable cause as may be determined by us in our sole discretion.
4. Item Pricing and Information
4.1. Unless otherwise stated, all prices on our Site are quoted in Singapore Dollars and are inclusive of Goods and Services Tax.
4.2. Where the price of a product is determined by its weight, we will provide an estimated price of the item ("Estimated Price") based on its indicated weight and the prevailing rates at the point of checkout, with the actual weight and price ("Actual Price") of such item to be provided to you at point of delivery.
4.3. In the event that the Actual Price exceeds the Estimated Price, we reserve all rights to charge you the difference between the Actual Price and the Estimated Price. In the event that the Estimated Price exceeds the Actual Price, we will refund you the difference between the Estimated Price and the Actual Price.
4.4. All orders are subject to stock availability and we reserve the right to cancel, amend, limit or reject your order or the quantity of a product that you have ordered if the product is unavailable. We reserve the right to do so without liability or compensation and without notice.
4.5. We reserve all rights to change such prices or withdraw any promotional discounts or offers at any time without notice.
4.6. We are not liable for any errors in the pricing, product or promotional information listed on our Site . If a product offered by us is not as described, your sole remedy is to return it in an unused condition.
5. Promotions and Discount Codes
5.1. We may run sales, clearances, lucky draws, contests, surveys and other promotions (collectively, "Promotions"). Please note that such Promotions are subject to additional terms and conditions which may be found on the Site and are incorporated by reference into these Terms of Use.
5.2. We reserve the right to discontinue any Promotion or other privileges at any time without notice or liability.
5.3. Promotions are only valid for the time period specified by us and only while stocks last. For the avoidance of doubt, we will not offer any cash or compensation for promotion items which are no longer in stock.
5.4. We may offer you codes ("Discount Codes") to receive a specific discount from us. The following terms shall apply to the use of such Discount Codes:
5.4.1. Discount Codes are only valid if they are applied upon checkout on our Site and cannot be applied after that order has been placed.
5.4.2. Only one (1) Discount Code can be used for any one (1) order at any one (1) time.
5.4.3. Each Discount Code may only be used once per account.
5.4.4. Each Discount Code is only valid during the time period specified by us.
5.4.5. You may be required to spend a minimum sum before the use of a Discount Code is permitted.
5.4.6. Discount Codes cannot be used in conjunction with any other Promotion, unless otherwise stated.
5.4.7. Discount Codes cannot be refunded, redeemed or exchanged for cash, or resold, transferred or shared with anyone other than an Authorized User.
5.4.8. Notwithstanding the preceding clause, our gift vouchers may be purchased by you and gifted to third parties.
5.4.9. You are not allowed to alter, tamper with or distribute any Discount Code.
5.4.10. We may, at our sole discretion, verify the validity of any Discount Code, cancel any Discount Code applied and charge full price for items purchased under that Discount Code if in our opinion that Discount Code appears to have been used in contravention of these Terms of Use. If you choose to cancel your order subsequent to our cancelling of the Discount Code applied, any payment made for such order shall be refunded to you.
5.4.11. We are not liable to replace any Discount Code
5.4.12. We reserve the right to amend these terms or impose such other terms and conditions to the use of Discount Codes as we deem appropriate by posting the varied terms and conditions on the Site and such terms and conditions are hereby incorporated by reference into these Terms of Use.
6.5. Free gifts offered as part of a Promotion are offered strictly on a "first come first serve" and "while stocks last" basis. We will not offer any cash or credit in lieu of such free gifts.
6.6. Our decision on all matters relating to Promotions or Discount Codes and other privileges is final and binding.
7. Orders & Payment
7.1. Payment for all orders must be made in Singapore Dollars through MasterCard, or Visa.
7.2. Your order is an offer to buy from us and is subject to our acceptance. There will be no contract of any kind between you and us unless and until we dispatch the selected products to you. At any point up until then, we may, without liability or compensation, cancel, amend, limit or reject your order in whole or in part or otherwise decline to supply the products to you without giving any reason, provided that where an order for any product is rejected or cancelled by us, any payment made for such order shall be reversed or refunded to you in accordance with our prevailing refund policy.
7.3. If, by mistake, we have under-priced any item, we will not be liable to supply that item to you at the stated price on the Site. In such an event, we will notify you about the under-pricing and provide you with the option of cancelling or confirming your order of such item at the correct price. By confirming your order, you authorise us to charge all additional amounts to you. If you choose to cancel your order of the under-priced item, we will reverse or refund payment for such item in accordance with our prevailing refund policy. If we are unable to contact you within three (3) days from the time we first discover the mispricing, we will treat your order in respect of the under-priced item as cancelled.
7.4. We will not process orders that involve inaccurate credit card details or credit cards that are expired or over-the-limit. We will endeavour to contact you in such an event. However, if such an order is processed, we reserve the right to collect payment and levy a collections fee for any unpaid orders.
7.5. When such fees or charges are due or if a redelivery fee is imposed, you agree that we may charge such amounts directly to the credit card saved under your Account. A refusal to pay such fees might result in a suspension or termination of your access to the Services. You shall be responsible and liable for any fees, including any legal fees and collection costs (on a full indemnity basis), that we may incur in our efforts to collect any unpaid sums from you.
8. Delivery
8.1. We do not deliver to any delivery address outside mainland Singapore.
8.2. Delivery fees are as reflected on the Site at checkout.
8.3. Delivery slots are subject to availability. If your designated delivery location is inaccessible, we will contact you to determine the best alternative location and/or date.
8.4. If there are any changes to your delivery address, preferred delivery timeslot or contact number, please notify us immediately. We reserve the right to charge an administrative fee of S$10.00 for any changes you make to your delivery address or preferred delivery timeslot after you submit your order.
8.5. While we endeavour to deliver your orders to the delivery address and within the preferred delivery date specified by you on your completed order form, we will not be liable for any failure to meet such specified delivery date.
8.6. Please arrange for someone to receive the delivery and acknowledge receipt by signing off on the delivery invoice or electronically through a device. If no one is at the delivery address to receive the order during the specified delivery slot, we reserve the right to charge you a redelivery fee comprising the sum of (a) S$10.00 and (b) the full price of all perishable items in your order.
8.7. If your order includes age-restricted items which may not be delivered to a minor (including but not limited to alcoholic drinks), please ensure that a person of eighteen (18) years of age or older with appropriate identification is present to accept delivery. We reserve the right not to deliver any age-restricted product to anyone who is, or appears to be, under the age of eighteen (18) years old, and to charge you an additional re-delivery fee of S$10.00.
8.8. We reserve the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of alcohol or drugs.
8.9. If any applicable legal requirement for the delivery of any age-restricted item is not met, we may cancel that item from your order without further recourse to you.
8.10. For delivery addresses that do not have a functioning lift, we will not be able to deliver good to any floor that is not accessible by lifts.
8.11. While we will endeavour to meet your specified delivery preferences, we cannot guarantee that our delivery staff will be able to meet all your instructions under all circumstances.
8.12. We recommend that you immediately refrigerate or freeze perishable items upon delivery.
8.13. For some orders, we may provide you with the option of having your orders left at your doorstep as an "Unattended Delivery". Please note that not all orders are eligible for the option of "Unattended Delivery".
8.14. If you have opted for an "Unattended Delivery" in your completed order form and no one is available to accept delivery of that order, our delivery staff will leave your order unattended at the delivery address.
8.15. We disclaim all liability for any loss, theft, or damage arising from an "Unattended Delivery".
9. Returns & Refunds
9.1 If you have simply changed your mind we do not provide refunds.
9.2 Special consideration will be given in exceptional circumstances however you must be able to provide satisfactory proof of purchase. Further, the merchandise must be:
1. in saleable condition;
2. unused with all original packaging;
3. returned to us with any gift or bonus received with the merchandise (if applicable);
4. not subject to the exclusions listed below; and
5. the exchange or refund is sought within 7 days of purchase.
Yukiyama.sg, at its absolute discretion, reserves the right not to offer an exchange or refund for change of mind.
9.2. If any perishable item you ordered was delivered incorrectly (including but not limited to the delivery of any additional item(s) not ordered by you) or damaged to you, please contact us within seven (7) days of your delivery date at yukiyamasg@gmail.com. We may offer a replacement or refund of the damaged or incorrect item(s), or arrange for the re-delivery, collection and/or return of the incorrect item(s) at our sole discretion.
9.3. Where you are permitted to return any product to us for a refund and such product was originally purchased under a Promotion or Discount Code, you will only be refunded the amount that you originally paid for such product. We offer no guarantee of any nature for the timeliness of the refunds reaching you. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline Where the promotion, discount, or Discount Code had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount or Discount Code amount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.
10. Intellectual Property
10.1. All intellectual property rights in the Site, Services and Content (including without limitation, copyright, trademarks, service marks, patents, graphics logos and registered designs) belong to us and our licensees.
10.2. You may retrieve and display the Content on a computer screen, smartphone, or other electronic device, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one (1) copy of such Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Content without our prior written permission.
10.3. You may not use an identical or similar domain name to https://www.yukiyama.sg
10.4. We respect your intellectual property rights. If you believe that your work has been used or copied in a way that constitutes intellectual property infringement and such infringement is occurring on the Site, please notify us immediately at yukiyamasg@gmail.com
11. User Content
11.1. You may submit comments, feedback, and other content on the Site (collectively, "User Content") provided that:
11.1.1. you do not use a false e-mail address to submit such User Content, impersonate any person or entity or otherwise mislead as to the origin of the User Content;
11.1.2. such User Content does not contain any software viruses, solicitation or any form of "spam"; and
11.1.3. such User Content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing of any third-party rights or disrespectful in nature.
11.2. You are solely responsible for the User Content you post and we assume no liability for such User Content.
11.3. We reserve the right (but not the obligation) to review, remove or edit such User Content.
11.4. By providing or submitting your User Content on the Site , you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to copy, adapt, modify, translate, publish, display, communicate, transmit, broadcast, distribute, exploit or otherwise use your User Content for any purpose. You further agree that we may publish your name in connection with such User Content.
12. Disclaimers & Limitations
12.1. THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ANY CONTENT IN OR WITH ANY DEVICE WILL NOT AFFECT THE FUNCTIONALITY OR PERFORMANCE OF THE DEVICE.
12.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH DESCRIPTION, RELIABILITY, SAFETY, TIMELINESS, SUITABILITY, AVAILABILITY, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.3. ANY RISK ASSOCIATED WITH YOUR USE OF THE SITE, OR SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.4. We may vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without any notice or liability or assigning any reason.
12.5. We disclaim any liability for any damages (including but not limited to any indirect, special, consequential or incidental damages), losses, costs and expenses under any cause of action arising from the use of, or the inability to access or use, the Site, Services, Content or any other website or device, even if we should have foreseen the possibility of such damages, losses, costs and expenses.
12.6. Notwithstanding the foregoing, in the event that we are liable for damages, you agree that our aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product by us under these Terms of Use shall not exceed the price of the product giving rise to such claims. The extent of our liability to you in all other cases, including any use of the Site or Services, shall not exceed S$10.
12.7. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by us at either reasonable costs or no costs to you.
13. Third Party Sites
13.1. The Site may contain one (1) or more links that connects to external web sites operated by third parties ("Third-Party Sites"). We do not control and are not responsible or liable for the content of any Third-Party Sites. Access to any Third-Party Sites is at your own risk and we shall have no liability arising out of your use or reliance on the information that is on such Third-Party Sites. Personal data or information that you provide at those Third-Party Sites are provided at your own risk for which we disclaim all responsibility and liability.
13.2. We reserve all rights to disable or remove any links to any Third-Party Sites at our sole and absolute discretion.
13.3. For the avoidance of doubt, we do not endorse, recommend or guarantee any of the Third-Party Sites.
14. Indemnity
14.1. You shall indemnify and hold us, and our officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and any liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, arising directly or indirectly as a result of:
14.1.1. your use of the Site, Services or Content (including but not limited to your posting of any User Content on the Site);
14.1.2. your breach of any terms and conditions of these Terms of Use;
14.1.3. your violation of any rights of any third party, including but not limited to our delivery staff; or
14.1.4. your breach of any statutory requirement, duty or law.
15. Security & Privacy
15.1. You are solely responsible for keeping your Log-in Details confidential and must not:
15.1.1. share or permit anyone other than an Authorized User of your Account to use your Account; or
15.1.2. assign or transfer your Account to any other person or entity other than an Authorized User of your Account.
15.2. If you know or suspect that someone knows your Log-in Details, please notify us immediately at yukiyamasg@gmail.com.
15.3. By submitting your order to us, you authorise us to disclose your information or to obtain information about you from third parties. This may include verification checks involving your debit or credit card number or credit reports in order to verify your identity, validate your credit card, obtain an initial credit card authorisation, protect you and us from fraud, and arrange for the delivery of your orders.
15.4. We recognise the importance of keeping your personal information secure and private. You acknowledge that you have read our Privacy Policy at https://www.yukiyama.sg consent to the collection, use and disclosure of your personal data for the purposes as set out in our Privacy Policy.
16. Force Majeure
We shall not be liable for any failure or unavailability of the Site and/or failure by us to perform any transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of supplies, the loss or destruction of data, the deletion or corruption of storage media, software malfunction, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
17. Waiver
Any failure by us to enforce at any time or for any period any of these Terms of Use shall not be a waiver of such term or condition. No waiver shall be valid unless expressly made by us in signed writing.
18. Severability
If and insofar as any part or provision of these Terms of Use is or becomes illegal, void or unenforceable under any applicable laws, it shall be deemed not to be or never to have been or formed a part of these Terms of Use and the remaining provisions of these Terms of Use shall continue in full force and effect.
19. Governing Law & Jurisdiction
19.1. These Terms of Use and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of the Republic of Singapore.
19.2. Any dispute arising out of or in connection with these Terms of Use, including without limitation any question regarding their existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Singapore.
We reserve the right to amend, vary and change the Terms of Use at our discretion at any time without any notice to you by posting the amended terms on the Site. Your continued use of the Site following any changes shall be construed as your acceptance of any such amendments, variations and changes. If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at yukiyamasg@gmail.com
1. Use of the Site
1.1. Subject to your compliance with these Terms of Use, we grant you a non-exclusive and non-transferable licence to use the Site, and access and use the Services available via the Site, solely for your personal and non-commercial purposes.
1.2. The Site are meant for use from a Singapore location only. We do not represent or warrant that the Services or any text, graphics, documents, photographs, images, music, software, audio, video, information, digital or electronic files or other materials on the Site ("Content") are appropriate or available for use in your location. If you choose to access the Site from anywhere outside Singapore, you will be responsible for compliance with local laws, if and to the extent local laws are applicable.
1.3. You agree not to:
1.3.1. hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers; or
1.3.2. reproduce, display, or otherwise provide access to the Site or Services without our prior written consent.
1.4. Unless otherwise allowed by law or with our express written permission, you shall not:
1.4.1. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site;
1.4.2. insert any code or product or manipulate the content of the Site in any way that affects the proper working of the Site (including but not limited to any denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming); or
1.4.3. engage in any data mining, data gathering or extraction.
2. Registering for an Account
2.1. You are required to register for an account with us ("Account") by choosing a user name and password (collectively, "Log-in Details") to access certain features of the Site, including but not limited to placing an order on the Site.
2.2. You acknowledge and warrant that all information you provide during the registration process (and any information provided thereafter) is accurate, current and complete. We reserve the right to suspend or terminate your Account or to take any action which we deem necessary in our sole discretion if any information provided is found to be inaccurate or incomplete.
2.3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we may communicate with you effectively.
2.4. You are solely responsible for any activities or actions conducted and all communications transmitted through your Account, regardless of whether you have authorized such activities, actions or communications. For the avoidance of doubt, we will not be liable for any loss, damage, costs, expenses, or liabilities arising out of or in connection with any unauthorized use of your Account.
3. Suspension and Termination
3.1. We reserve the right, in our sole and absolute discretion, to restrict, limit, suspend, deactivate, delete or terminate our Services and your Account, prohibit access to the Site or Services, or remove any Content without assigning any reason and without notice or liability.
3.2. Without prejudice to the generality of the above, you agree that we may without prior notice immediately terminate your account and terminate your access to the Site under the following circumstances:
3.2.1. breaches or violations or purported breaches or violations of these Terms of Use and any other terms and conditions, incorporated guidelines, agreements or privacy policies which may be applicable;
3.2.2. upon the request of any competent authority;
3.2.3. upon your request to terminate your account;
3.2.4. misuse or abuse of the Site, including, without limitation any fraudulent, dishonest or illegal use of the Site;.
3.2.5. failure to pay any fees or charges on the Site to us; or
3.2.6. any other reasonable cause as may be determined by us in our sole discretion.
4. Item Pricing and Information
4.1. Unless otherwise stated, all prices on our Site are quoted in Singapore Dollars and are inclusive of Goods and Services Tax.
4.2. Where the price of a product is determined by its weight, we will provide an estimated price of the item ("Estimated Price") based on its indicated weight and the prevailing rates at the point of checkout, with the actual weight and price ("Actual Price") of such item to be provided to you at point of delivery.
4.3. In the event that the Actual Price exceeds the Estimated Price, we reserve all rights to charge you the difference between the Actual Price and the Estimated Price. In the event that the Estimated Price exceeds the Actual Price, we will refund you the difference between the Estimated Price and the Actual Price.
4.4. All orders are subject to stock availability and we reserve the right to cancel, amend, limit or reject your order or the quantity of a product that you have ordered if the product is unavailable. We reserve the right to do so without liability or compensation and without notice.
4.5. We reserve all rights to change such prices or withdraw any promotional discounts or offers at any time without notice.
4.6. We are not liable for any errors in the pricing, product or promotional information listed on our Site . If a product offered by us is not as described, your sole remedy is to return it in an unused condition.
5. Promotions and Discount Codes
5.1. We may run sales, clearances, lucky draws, contests, surveys and other promotions (collectively, "Promotions"). Please note that such Promotions are subject to additional terms and conditions which may be found on the Site and are incorporated by reference into these Terms of Use.
5.2. We reserve the right to discontinue any Promotion or other privileges at any time without notice or liability.
5.3. Promotions are only valid for the time period specified by us and only while stocks last. For the avoidance of doubt, we will not offer any cash or compensation for promotion items which are no longer in stock.
5.4. We may offer you codes ("Discount Codes") to receive a specific discount from us. The following terms shall apply to the use of such Discount Codes:
5.4.1. Discount Codes are only valid if they are applied upon checkout on our Site and cannot be applied after that order has been placed.
5.4.2. Only one (1) Discount Code can be used for any one (1) order at any one (1) time.
5.4.3. Each Discount Code may only be used once per account.
5.4.4. Each Discount Code is only valid during the time period specified by us.
5.4.5. You may be required to spend a minimum sum before the use of a Discount Code is permitted.
5.4.6. Discount Codes cannot be used in conjunction with any other Promotion, unless otherwise stated.
5.4.7. Discount Codes cannot be refunded, redeemed or exchanged for cash, or resold, transferred or shared with anyone other than an Authorized User.
5.4.8. Notwithstanding the preceding clause, our gift vouchers may be purchased by you and gifted to third parties.
5.4.9. You are not allowed to alter, tamper with or distribute any Discount Code.
5.4.10. We may, at our sole discretion, verify the validity of any Discount Code, cancel any Discount Code applied and charge full price for items purchased under that Discount Code if in our opinion that Discount Code appears to have been used in contravention of these Terms of Use. If you choose to cancel your order subsequent to our cancelling of the Discount Code applied, any payment made for such order shall be refunded to you.
5.4.11. We are not liable to replace any Discount Code
5.4.12. We reserve the right to amend these terms or impose such other terms and conditions to the use of Discount Codes as we deem appropriate by posting the varied terms and conditions on the Site and such terms and conditions are hereby incorporated by reference into these Terms of Use.
6.5. Free gifts offered as part of a Promotion are offered strictly on a "first come first serve" and "while stocks last" basis. We will not offer any cash or credit in lieu of such free gifts.
6.6. Our decision on all matters relating to Promotions or Discount Codes and other privileges is final and binding.
7. Orders & Payment
7.1. Payment for all orders must be made in Singapore Dollars through MasterCard, or Visa.
7.2. Your order is an offer to buy from us and is subject to our acceptance. There will be no contract of any kind between you and us unless and until we dispatch the selected products to you. At any point up until then, we may, without liability or compensation, cancel, amend, limit or reject your order in whole or in part or otherwise decline to supply the products to you without giving any reason, provided that where an order for any product is rejected or cancelled by us, any payment made for such order shall be reversed or refunded to you in accordance with our prevailing refund policy.
7.3. If, by mistake, we have under-priced any item, we will not be liable to supply that item to you at the stated price on the Site. In such an event, we will notify you about the under-pricing and provide you with the option of cancelling or confirming your order of such item at the correct price. By confirming your order, you authorise us to charge all additional amounts to you. If you choose to cancel your order of the under-priced item, we will reverse or refund payment for such item in accordance with our prevailing refund policy. If we are unable to contact you within three (3) days from the time we first discover the mispricing, we will treat your order in respect of the under-priced item as cancelled.
7.4. We will not process orders that involve inaccurate credit card details or credit cards that are expired or over-the-limit. We will endeavour to contact you in such an event. However, if such an order is processed, we reserve the right to collect payment and levy a collections fee for any unpaid orders.
7.5. When such fees or charges are due or if a redelivery fee is imposed, you agree that we may charge such amounts directly to the credit card saved under your Account. A refusal to pay such fees might result in a suspension or termination of your access to the Services. You shall be responsible and liable for any fees, including any legal fees and collection costs (on a full indemnity basis), that we may incur in our efforts to collect any unpaid sums from you.
8. Delivery
8.1. We do not deliver to any delivery address outside mainland Singapore.
8.2. Delivery fees are as reflected on the Site at checkout.
8.3. Delivery slots are subject to availability. If your designated delivery location is inaccessible, we will contact you to determine the best alternative location and/or date.
8.4. If there are any changes to your delivery address, preferred delivery timeslot or contact number, please notify us immediately. We reserve the right to charge an administrative fee of S$10.00 for any changes you make to your delivery address or preferred delivery timeslot after you submit your order.
8.5. While we endeavour to deliver your orders to the delivery address and within the preferred delivery date specified by you on your completed order form, we will not be liable for any failure to meet such specified delivery date.
8.6. Please arrange for someone to receive the delivery and acknowledge receipt by signing off on the delivery invoice or electronically through a device. If no one is at the delivery address to receive the order during the specified delivery slot, we reserve the right to charge you a redelivery fee comprising the sum of (a) S$10.00 and (b) the full price of all perishable items in your order.
8.7. If your order includes age-restricted items which may not be delivered to a minor (including but not limited to alcoholic drinks), please ensure that a person of eighteen (18) years of age or older with appropriate identification is present to accept delivery. We reserve the right not to deliver any age-restricted product to anyone who is, or appears to be, under the age of eighteen (18) years old, and to charge you an additional re-delivery fee of S$10.00.
8.8. We reserve the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of alcohol or drugs.
8.9. If any applicable legal requirement for the delivery of any age-restricted item is not met, we may cancel that item from your order without further recourse to you.
8.10. For delivery addresses that do not have a functioning lift, we will not be able to deliver good to any floor that is not accessible by lifts.
8.11. While we will endeavour to meet your specified delivery preferences, we cannot guarantee that our delivery staff will be able to meet all your instructions under all circumstances.
8.12. We recommend that you immediately refrigerate or freeze perishable items upon delivery.
8.13. For some orders, we may provide you with the option of having your orders left at your doorstep as an "Unattended Delivery". Please note that not all orders are eligible for the option of "Unattended Delivery".
8.14. If you have opted for an "Unattended Delivery" in your completed order form and no one is available to accept delivery of that order, our delivery staff will leave your order unattended at the delivery address.
8.15. We disclaim all liability for any loss, theft, or damage arising from an "Unattended Delivery".
9. Returns & Refunds
9.1 If you have simply changed your mind we do not provide refunds.
9.2 Special consideration will be given in exceptional circumstances however you must be able to provide satisfactory proof of purchase. Further, the merchandise must be:
1. in saleable condition;
2. unused with all original packaging;
3. returned to us with any gift or bonus received with the merchandise (if applicable);
4. not subject to the exclusions listed below; and
5. the exchange or refund is sought within 7 days of purchase.
Yukiyama.sg, at its absolute discretion, reserves the right not to offer an exchange or refund for change of mind.
9.2. If any perishable item you ordered was delivered incorrectly (including but not limited to the delivery of any additional item(s) not ordered by you) or damaged to you, please contact us within seven (7) days of your delivery date at yukiyamasg@gmail.com. We may offer a replacement or refund of the damaged or incorrect item(s), or arrange for the re-delivery, collection and/or return of the incorrect item(s) at our sole discretion.
9.3. Where you are permitted to return any product to us for a refund and such product was originally purchased under a Promotion or Discount Code, you will only be refunded the amount that you originally paid for such product. We offer no guarantee of any nature for the timeliness of the refunds reaching you. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline Where the promotion, discount, or Discount Code had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount or Discount Code amount applied to the returned product on a pro-rata basis. Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related. If the total order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the order without the promotion.
10. Intellectual Property
10.1. All intellectual property rights in the Site, Services and Content (including without limitation, copyright, trademarks, service marks, patents, graphics logos and registered designs) belong to us and our licensees.
10.2. You may retrieve and display the Content on a computer screen, smartphone, or other electronic device, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one (1) copy of such Content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Content without our prior written permission.
10.3. You may not use an identical or similar domain name to https://www.yukiyama.sg
10.4. We respect your intellectual property rights. If you believe that your work has been used or copied in a way that constitutes intellectual property infringement and such infringement is occurring on the Site, please notify us immediately at yukiyamasg@gmail.com
11. User Content
11.1. You may submit comments, feedback, and other content on the Site (collectively, "User Content") provided that:
11.1.1. you do not use a false e-mail address to submit such User Content, impersonate any person or entity or otherwise mislead as to the origin of the User Content;
11.1.2. such User Content does not contain any software viruses, solicitation or any form of "spam"; and
11.1.3. such User Content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing of any third-party rights or disrespectful in nature.
11.2. You are solely responsible for the User Content you post and we assume no liability for such User Content.
11.3. We reserve the right (but not the obligation) to review, remove or edit such User Content.
11.4. By providing or submitting your User Content on the Site , you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to copy, adapt, modify, translate, publish, display, communicate, transmit, broadcast, distribute, exploit or otherwise use your User Content for any purpose. You further agree that we may publish your name in connection with such User Content.
12. Disclaimers & Limitations
12.1. THE SITE, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ANY CONTENT IN OR WITH ANY DEVICE WILL NOT AFFECT THE FUNCTIONALITY OR PERFORMANCE OF THE DEVICE.
12.2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH DESCRIPTION, RELIABILITY, SAFETY, TIMELINESS, SUITABILITY, AVAILABILITY, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
12.3. ANY RISK ASSOCIATED WITH YOUR USE OF THE SITE, OR SERVICES AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.4. We may vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without any notice or liability or assigning any reason.
12.5. We disclaim any liability for any damages (including but not limited to any indirect, special, consequential or incidental damages), losses, costs and expenses under any cause of action arising from the use of, or the inability to access or use, the Site, Services, Content or any other website or device, even if we should have foreseen the possibility of such damages, losses, costs and expenses.
12.6. Notwithstanding the foregoing, in the event that we are liable for damages, you agree that our aggregate liability to you for any and all causes of action in relation to any order, sale or delivery of any product by us under these Terms of Use shall not exceed the price of the product giving rise to such claims. The extent of our liability to you in all other cases, including any use of the Site or Services, shall not exceed S$10.
12.7. You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by us at either reasonable costs or no costs to you.
13. Third Party Sites
13.1. The Site may contain one (1) or more links that connects to external web sites operated by third parties ("Third-Party Sites"). We do not control and are not responsible or liable for the content of any Third-Party Sites. Access to any Third-Party Sites is at your own risk and we shall have no liability arising out of your use or reliance on the information that is on such Third-Party Sites. Personal data or information that you provide at those Third-Party Sites are provided at your own risk for which we disclaim all responsibility and liability.
13.2. We reserve all rights to disable or remove any links to any Third-Party Sites at our sole and absolute discretion.
13.3. For the avoidance of doubt, we do not endorse, recommend or guarantee any of the Third-Party Sites.
14. Indemnity
14.1. You shall indemnify and hold us, and our officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and any liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, arising directly or indirectly as a result of:
14.1.1. your use of the Site, Services or Content (including but not limited to your posting of any User Content on the Site);
14.1.2. your breach of any terms and conditions of these Terms of Use;
14.1.3. your violation of any rights of any third party, including but not limited to our delivery staff; or
14.1.4. your breach of any statutory requirement, duty or law.
15. Security & Privacy
15.1. You are solely responsible for keeping your Log-in Details confidential and must not:
15.1.1. share or permit anyone other than an Authorized User of your Account to use your Account; or
15.1.2. assign or transfer your Account to any other person or entity other than an Authorized User of your Account.
15.2. If you know or suspect that someone knows your Log-in Details, please notify us immediately at yukiyamasg@gmail.com.
15.3. By submitting your order to us, you authorise us to disclose your information or to obtain information about you from third parties. This may include verification checks involving your debit or credit card number or credit reports in order to verify your identity, validate your credit card, obtain an initial credit card authorisation, protect you and us from fraud, and arrange for the delivery of your orders.
15.4. We recognise the importance of keeping your personal information secure and private. You acknowledge that you have read our Privacy Policy at https://www.yukiyama.sg consent to the collection, use and disclosure of your personal data for the purposes as set out in our Privacy Policy.
16. Force Majeure
We shall not be liable for any failure or unavailability of the Site and/or failure by us to perform any transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of supplies, the loss or destruction of data, the deletion or corruption of storage media, software malfunction, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
17. Waiver
Any failure by us to enforce at any time or for any period any of these Terms of Use shall not be a waiver of such term or condition. No waiver shall be valid unless expressly made by us in signed writing.
18. Severability
If and insofar as any part or provision of these Terms of Use is or becomes illegal, void or unenforceable under any applicable laws, it shall be deemed not to be or never to have been or formed a part of these Terms of Use and the remaining provisions of these Terms of Use shall continue in full force and effect.
19. Governing Law & Jurisdiction
19.1. These Terms of Use and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of the Republic of Singapore.
19.2. Any dispute arising out of or in connection with these Terms of Use, including without limitation any question regarding their existence, validity or termination, shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Singapore.