Terms & Conditions
Terms and Conditions
1. DEFINITIONS & ABOUT US
1.1 We are Pastry Mart Pte. Ltd. (UEN: 200009544M), a company registered in Singapore. Our HQ is located at 1 Senoko Avenue, #05-05, FoodAxis @ Senoko, Singapore 758297. When you shop with us (or access any of our services, applications and website), these terms and conditions shall apply. You can also find out more on our Help page where you may find our Frequently Asked Questions (FAQ), or alternatively, get in touch with our official company hotline at +65 6694 1878 for more assistance. We always love to hear from you! We keep these terms and conditions updated regularly, so do remember to check them frequently and each time before you shop, as the latest version will apply.
1.2 These Terms and Conditions shall apply to ALL Orders and Contracts made or are to be made by us for the supply and sale of Products. These Terms and Conditions constitute the entire agreement between you and Pastry Mart Pte. Ltd. and supersede any and all preceding and contemporaneous agreements made between us. Any waiver of any provision of these Terms and Conditions will only be effective if made in writing and signed by an authorised signatory of Pastry Mart Pte. Ltd. You acknowledge that, in entering into this Contract, neither you or we have relied on any form of representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as stated in the Terms and Conditions.
Under these terms and conditions:
1.3 “Business Day” and “Working Day” means any days which Pastry Mart is Open for business, from Monday to Friday, excluding Saturday, Sunday and Public Holidays in Singapore.
1.4 “Order Confirmation” means our email directed to you where we agree, accept and acknowledge your Order.
1.5 “Customer: means any individual and/or organisations placing an order through our official website at www.pastrymart.sg.
1.6 “You” means the Customer who placed the Order through our official website.
1.7 “We” or “Us” means Pastry Mart Pte. Ltd. and its official representative(s).
1.8 All words in singular shall include the plural and vice versa, whereas words imparting a gender shall include every gender and any reference to any person(s) shall include an individual, organisation, corporation, company, firm, partnership or community.
1.9 Any reference(s) of “include” and/or “including” and similar words or expressions shall mean without limitations.
1.10 “e-store” and “online store” in respect to Pastry Mart shall refer to Pastry Mart’s official website/e-store at www.pastrymart.sg.
1.11 “store credit” shall refer to Pastry Mart Store Credit issued by and from the use of the services of Pastry Mart’s e-store/website at www.pastrymart.sg.
To shop with us, you need to:
2.1 be at least eighteen (1) years of age, unless with the supervision of a parent or guardian;
2.2 have a credit or debit card that we accept;
2.3 be authorised to use that credit or debit card (e.g. it has to be in your name and you have permission to use it).
2.4 have a registered account with Pastry Mart online store
3. PLACING AN ORDER
3.1 To place an order, you must have a registered account with us, and only submit to us information which is accurate and true. You must also duly update these information and keep us informed on any changes. You shall not misuse the site by creating multiple accounts.
3.2 The information set out in the Terms and Conditions and details contained on our website does not constitute an offer for sale but rather an invitation to trade. No Contract in respect of any Product shall exist between you and Pastry Mart Pte. Ltd. until we have shipped the Products to your address.
3.3. To make an order, you are to follow and adhere to the instructions and shopping process provided on the website. After completing your Order, you will receive an Order Confirmation which will also act as an acknowledgement of your Order from us.
3.4 A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
3.5 When you place an order, you should receive an acknowledgement email confirming receipt of your order. A pre-authorisation check will be conducted then to make sure there is enough money/credit in the card.
3.6 Your order is only accepted once payment is approved and we have debited the payment card (and then the contract is made based on these terms).
3.7 All orders are subject to availability and confirmation of the order price.
3.8 In rare occasions, we may need to refuse or cancel an order, or close or freeze an account, even if we have previously confirmed and/or approved your order. This will be due to a suspicions on irregularities of an order, or an order that may have been observed as suspicion on illegal/dodgy activities. If such happens and you think we’ve made a mistake, please do not take offence; get in touch with us via our company main line and we’ll be happy to support!
4. PRICING & PROMOTION
4.1 As we carry a large inventory of goods in our warehouse, we may from time to time commit to errors despite our best efforts to ensure that all details, descriptions and prices that appears on our website are accurate. Should we discover an error in the price of, and/or Product(s) you have placed on your order, we will inform you on it as soon as possible and give you the option of reconfirming your order at the correct price or otherwise cancel the order. If we are unable to get in touch with you, we will regard the order to be cancelled. If your order is cancelled and payment had already been made, we will offer to refund your payment either in Pastry Mart Store Credit, electronic voucher or to refund directly through the credit/debit card used for the order.
4.2 All prices are inclusive of GST.
4.3 Depending on the value of your order, delivery options/charges available for selection will vary. Unless otherwise stated, the value of our “Minimum Order” for free delivery is SGD80.00, which may change from time to time at our sole discretion. For all orders above the value of our “Minimum Order”, you will be entitled to a free delivery. For any orders below SGD30.00, you will only be entitled to the option of self-collection at our warehouse (Self-collection is available for all value of orders). For any orders above SGD30.00 and below our “Minimum Order”, you will be entitled to the option of delivery with an additional charge of SGD8.50, or self-collection at no additional charge. Such additional charges will be clearly reflected during the checkout process and included in the “Total Cost”.
4.4 We are under no obligation to fulfil your Order if the price listed on our website is inaccurate, even if we have acknowledged your Order previously.
4.5 You can make payment via any of our approved payment partners listed on our website.
5. STORE CREDIT AND VOUCHERS
The following terms shall apply to the use of Pastry Mart Store Credits and vouchers, coupons and codes (“Voucher Codes”):
5.1 STORE CREDIT
5.1.1 Members/Account Holders may earn rebates through their orders placed on our e-store/website. These rebates are provided in the form of Pastry Mart Store Credits.
Pastry Mart Store Credits are issued after each successful payment.
5.1.2 Pastry Mart Store Credits earned on our e-store can only be redeemed on orders placed on the e-store.
5.1.3 Pastry Mart Store Credit awarded is calculated as a percentage of the order’s total value after the application of any vouchers/discounts/benefits/applied Store Credit and/or other promotions. For the avoidance of doubt, You will not receive new Pastry Mart Store Credit on any value of Pastry Mart Store Credit(s) applied, but only receive new credit(s) based on the order value less any Store Credit(s) applied and any other promotions including but not limited to vouchers, discounts and benefits. No Credits will be awarded for taxes.
5.1.4 Pastry Mart Store Credit accrues on all products and sales, except those where legally restricted from selling or discounting or specifically removed from accrual by us. Pastry Mart Store Credit can only be accrued through purchases made on Pastrymart.sg. We reserve the right to recover any Pastry Mart credits earned or Vouchers spent via such purchases on any Gift Cards from your account.
5.1.5 Pastry Mart Store Credits can be applied to any purchase and you can use Pastry Mart Store Credits as the sole payment for an order. Pastry Mart Store Credits accumulated by you cannot be transferred to any other Member nor exchanged for cash.
5.1.6 You may check on your Pastry Mart Store Credit balance by logging in into your account on Pastrymart.sg.
5.1.7 Pastry Mart Store Credits are strictly personal and non-transferable and available only for natural persons residing in Singapore.
5.1.8 Pastry Mart Store Credit can be combined with other vouchers/discounts/benefits/ and/or other promotions, and in such case(s), the other benefits/vouchers/discounts/benefits and/or other promotions shall be applied first, followed by the application of the Pastry Mart Store Credit(s).
5.1.9 Pastry Mart will not tolerate any abuse on the use of Pastry Mart Store Credits which may include, but not limited to, the suspicious/fraudulent use, use in bad faith (including re-selling of Pastry Mart Store Credits, the use of re-sold credits, the usage of credits by business or corporate customer), or any other behaviour/act of abuse on the usage of Pastry Mart Store Credit deemed inappropriate by the management or representative of Pastry Mart Pte. Ltd., and if such abuse is found, Pastry Mart reserves the right to cancel orders and/or entirely revoke the use of Pastry Mart Store Credits.
5.1.10 Pastry Mart Store Credit will be cancelled if the order is cancelled, returned, partially refunded, or refunded. If Pastry Mart Store Credits have already been spent, the value of Pastry Mart Store Credits from the order in question may be withheld from any applicable refund or charged back by Us. Pastry Mart Store Credit for valid returns or refunds will be credited back in the form of Pastry Mart Store Credit or vouchers.
5.1.11 We may limit the Store Credits that may be earned or redeemed on any given order or time period without prior notice.
5.1.12 We reserve the right to replace Pastry Mart Store Credits with any other reward of similar value as determined by Us.
5.1.13 We shall be entitled to treat all instructions, whether oral, in writing or electronic, relating to Pastry Mart Store Credit or the use or redemption of Pastry Mart Store Credit, which are purportedly given to Us by the Member to whom the Pastry Mart Store Credits are awarded as the instructions of such Member and to act in accordance with such instructions.
5.2 VOUCHERS & PROMOTIONS
5.2.1 From time to time, We may run promotions, contests, surveys, privileges and other programs. Promotions, contests, privileges, and programs are only valid for the time period specified in the promotion campaign and will operate on a while stocks last basis. We may also choose in our discretion to restrict the quantity of any number of selected items a Member can purchase during a specified period. No compensation or cash will be offered in the event that a promotion is no longer running or in stock.
5.2.2 Each Voucher Code is only eligible for a single use and is only valid for the time period specified in the promotional campaign. Unless otherwise stated, voucher codes and/or any other promotions/discounts do not apply to the following:
delivery charges or fees;
any additional charges or fees applicable in processing an order
5.2.3 Use of any Voucher Code must be indicated at the time of checkout, and all information required by us must be provided. No retroactive use of any Voucher Code(s) is permitted.
5.2.4 Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or discount, including but not limited to discounted sale items, unless otherwise stated.
5.2.5 A minimum value spending, before tax and/or other additional charges or fees applicable in processing and order including but not limited to delivery fees, may be required before use of the Voucher Code is permitted.
5.2.6 Voucher Codes cannot be refunded, redeemed, or exchanged for cash.
5.2.7 Resale, transfer and sharing of Voucher Codes are strictly not allowed.
5.2.8 Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.
5.2.9 We reserve the right to verify the validity of any Voucher Code and/or to declare null and void and charge full price for items ordered, for any Voucher Code that in our sole opinion has been stolen, duplicated, tampered with, broadcasted inappropriately, or which is suspected to have been misappropriated or fraudulently obtained or used. Voucher Codes may have a validity period and expiry date. We shall not be liable or responsible for any fraud or unsuccessful transactions made using Vouchers.
5.2.10 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first served” basis and while stocks last basis. No cash or credit will be offered in lieu of the gift.
5.2.11 Where you are permitted to return any product to us, or if your order cancellation allows for a refund/credit and such product(s) was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product. Further, any free/promotional gift or any other free item/voucher that includes but not limited to bundled gift/promotional voucher for next purchase given along with an order must also be returned if you are returning the product(s) to which the gift(s) is related to. If the total order value is reduced below the value to qualify for 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.
5.2.12 We reserve the right to discontinue any promotion, discount, Voucher Code, program, contest, privileges or program at any time without notice or liability.
6.1 For any Orders that are placed by “Mistake”, please contact us immediately via our company main hotline (the hotline is only available during our operating hours). We will do our best to process your request in the event if such happens. Do note that once Orders are processed, they cannot be cancelled.
6.2 We reserve the right to withdraw any Products from our website at any time and/or remove or edit any materials and/or contents without prior notice. We will exercise our best efforts to process all Orders. However, there may be rare occasions where we may need to refuse to process an Order even after we have acknowledged and sent you an Order confirmation, which we reserve the right to do at any time, at our sole discretion. Should we cancel your order and you have already made payment, we will refund the full amount to you. We will not be liable to you or any other parties to reason on our withdrawal of any Products on our website, whether it has been sold or not, editing or removing any materials or contents on our website or for refusing to process or accept any Order(s).
7. RETURNS, DELIVERY AND REFUNDS
7.1 All our Products are non-exchangeable and non-refundable. All Orders processed cannot be cancelled.
7.2 Should there be any defect(s) in the Product(s) you have ordered, immediately inform our logistics operator upon delivery/collection before the acceptance of delivery. We strongly advise all our Customers to duly check and inspect the Products ordered for any damage(s), wrong product(s) and/or other defects from Order. Should there be any defects, including but not limited to the listed above, please notify our logistics operator at the time of delivery/collection immediately and we will act accordingly. There will be no exchange and/or returns after the acceptance of the delivery.
7.3 In the event that no one is present to receive the Products, a re-delivery charge of SGD10.00 (excluding GST) will be applicable. Alternatively, you may re-arrange for a self collection at our warehouse for no extra charge.
7.4 In the event where permission is given to our logistics operator to leave the products at the door-step upon delivery, Pastry Mart Pte. Ltd. will not be liable for any problem(s) that may arise due to that action, including but not limited to loss, damage, defects and/or Products turning bad. It is a decision made at your own risk.
7.5 In the event delivery or collection is due to an unreasonable refusal to accept delivery by you or if you do not, within two weeks of our first attempt to deliver the Product to you or the intended date of collection indicated on your Order, accept delivery or collect the Product from the courier, we may exercise either or both of the following, without affecting any other rights or remedies available to us:
7.5.1 charge you for any fee and/or other costs reasonably incurred by us; or
7.5.2 no longer make the Product ordered available for delivery or collection and notify you that the applicable Contract will be immediately cancelled, in which case we will only refund you as applicable any money already paid to us under the Contract, less our reasonable administration charges, including for attempting to deliver and then returning the Product, and any storage fees as provided for as of clause (6.5) above.
7.6 We do our best to meet all delivery times but on exceptional occasions there may be delays caused by postal/carrier delays, logistics, bad weather or any other unforeseen circumstances. We will exercise our best efforts to keep you updated on the progress of your Order. In such occasions including but not limited to the listed above, our delivery may run overtime to deliver your Order after the stipulated time frame, in which we will inform you and offer you the option to receive your Order after the stipulated time frame or have it delivered on another Business Day. However, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.7 Please note that as we are unable to deliver to certain locations, in which in the event of such, we will inform you via the contact details indicated to offer you the option to change to an alternative delivery address or to cancel your Order.
7.8 All risk(s) in the Product shall be passed to you upon the acceptance of delivery, except that, where delivery is delayed due to a breach of your obligation, risk shall pass on the date when delivery would have occurred if not for your breach. From the time when the risk is passed to you, we will not be liable for any loss or destruction in any product. Any breach of obligations committed by your may impact your ability to shop at our website in the future.
8.1 All Product images, descriptions, materials and information posted on our site are provided without warranties expressed, implied or otherwise howsoever arising.
8.2 Product images as presented on this site may differ slightly from the actual Product that you receive.
9. LIABILITY DISCLAIMER
The content displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressively stated to the contrary and to the fullest extent permitted by law, Pastry Mart Pte. Ltd. and its suppliers, content providers and advertisers hereby expressively exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages of loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
10.1 You agree to indemnify. defend, hold harmless Pastry Mart Pte. Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs, including but not limited to legal fees, arising from the use of this website or your breach of the Terms and Conditions.
11. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
11.1 Pastry Mart Pte. Ltd. owns and has the permission to use the intellectual property rights in this website and all its content. These rights are protected internationally all around the world. All such rights are reserved.
11.2 You are allowed to store, print and display our website content only for your personal use. You are not allowed to use any part of the website for commercial purposes unless you have our permission in written.
11.3 You are strictly not allowed to use our Pastry Mart logo or any other Pastry Mart brand and/or trademark, or any marks which are colourably similar, without our permission in written.
11.4 You may wish to link to our website, as long as it is done in a non-commercial, fair and legal manner, and does not damage and/or take advantage of our reputation.
11.5 You are not to link Pastry Mart Pte. Ltd. in a way that suggests any form of approval or endorsement by Pastry Mart Pte. Ltd. when it does not exist.
11.6 You must never establish a link from any site that is not owned by you.
11.7 Pastry Mart Pte. Ltd. and its website shall not be framed in any other sites without our permission in written.
11.8 Our status, and that of any identified contributor(s) as the authors of the content must always be acknowledged.
12.1 At Pastry Mart, we place great emphasis on our customer service and satisfaction. In exceptional occasions when things go wrong, please contact us using the contact details below. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint. In certain cases, the manufacturer has to be involved, and as such may take a longer period of time to resolve the issue at hand.
12.1.1 Email: “[email protected]”
12.1.2 Facebook: “www.facebook.com/PastryMart”
12.1.3 Post: 1 Senoko Avenue, #05-05, FoodAxis @ Senoko, Singapore 758297
12.1.4 Hotline: “+65 6694 1878”
12.2 In such an event when there is a complaint, do kindly specify in accurate and detailed description of the issue on hand, and where applicable, send us a copy of the relevant documents that explains your case. In rare occasions, emails do get caught up in our spam filters and may not reach us. Should you have not received a response from us within seven (7) working days, please make further enquiries.
13. FORCE MAJEURE
13.1 We shall not be liable to your any breach, hindrance or delay in the performance of a Contract derived by any probable cause beyond our reasonable control, including but not limited to, (i) public calamity, strikes, lock-outs, or other industrial actions; (ii) riot, invasion, civil commotion, terrorist attack, war, or threat of preparing a war; (iii) fire, explosion, earthquake, storm, flood, subsidence, epidemic or other natural disasters; (iv) impossibility to use railways, shipping, aircraft, motor transport or any other means of public or private transport; (v) the impossibly of the use of public or private telecommunications network.
13.2 In the even where Force Majeure has been exercised for over seven (7) working days, either you or we may terminate the Contract forthwith by written notice and without any Liability besides a refund of a Product already paid for by you and not yet delivered.
13.3 We reserve the absolute sole discretion on the solutions we adopt in fully meeting our obligations under the Contract despite the force majeure event.
14.1 Pastry Mart Pte. Ltd. reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be updated from time to time and by continuing to use the site, you agree to abide to the most recent version of this. You are responsible for reviewing the latest Terms and Conditions each time you use our site.
14.2 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
14.2.1 Notice delivered by post shall be deemed to have been served within three (3) Business Days of being posted to the recipient address within Singapore.
14.2.2 Notice delivered by email shall be deemed to have been served within three (3) Business Days of the email being sent.
14.2.3 In proving such it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
In the event if any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part if any clause, all of which shall remain in full force and effect, as long as these Terms and Conditions or a Contract shall be capable of being continuing in effect without the unenforceable term.
17. GOVERNING LAW
These Terms and Conditions and a Contract, and all non-contractual obligations arising out of or connected to them, shall be governed and construed in accordance with the law of Singapore. All dealings, correspondence and contacts between us shall be made or conducted in English language.