Terms & Conditions

Terms and Conditions of Sale (“Terms & Conditions”) – For Customers in Singapore only

1. DEFINITIONS

“M & L Furnishing” (M&L) means the company selling products to the Customer as identified in the Order.

“Customer” means the person identified in the Order.  Our Products & Services are available only to individuals who can form legal binding contracts in Singapore, and therefore, exclude minors who are below 21 years old.

“Contract” means a contract for sale by M&L to the Customer of the products and/or services incorporating the Terms and Conditions.

“Products” means all curtains, shades and blinds, related hardware, accessories, inclusive of services such as on-site measurement, sewing, fabrication, production, delivery and installation if required by Customer, that are offered online the Akoni online curtain store.

“Website” means the URLs “akoni.sg” or “akoni.com.sg” which is used for Akoni online curtain store.

“Order" means the products(s) ordered by Customer and which will not be processed unless full payment has been received.

“Price” means the price as per Akoni.sg website and Order and the latter shall have precedence.  Unless otherwise stated, all prices stated are in Singapore Dollars (SGD or S$) only.

 

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by M&L. The Customer warrants that it is buying for its own internal and personal use only and not for re-sale purposes.

2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither M&L’s acknowledgment of an Order nor it's failure to object to conflicting, different, or additional terms and conditions in an Order shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by M&L, payment for the Products or services shall be made in full before physical delivery of Products or services.

3.2 Save as otherwise required by law, the Customer shall pay for all shipping and handling charges.

3.3 All prices and charges as indicated on the Website are subject to prevailing Goods & Services Tax (GST) which is not included in the prices and shall be separately chargeable.

4. CANCELLATION

The Order begins processing immediately after Order is submitted online and payment is received by us. Customer may decide to cancel Order within the first 24 hours of its submission, in which case, subject to the acceptance by M&L, a Customer is entitled to a refund of up to 95% of Order value or a minimum of $50 per order, whichever is higher. 

5. TITLE AND RISK

Title to and risk in the Products shall pass to Customer upon self-collection of the Products by the Customer or delivery of the Products to Customer, or a representative appointed by Customer.

6. DELIVERY

6.1 Delivery services, which are separately chargeable, are available upon request by Customer and subject to the agreement of M&L.  M&L shall deliver the Products to the place of delivery designated by Customer and agreed to by M&L ("Place of Delivery"). The Place of Delivery cannot be changed once the Order is confirmed by M&L.

6.2 M&L may, at its discretion, deliver the Products by installments in any sequence. Where the Products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by M&L in respect of any one or more installments shall vitiate the Contract in respect of Products previously delivered or undelivered Products.

6.3 Any dates quoted by M&L for self-collection or physical delivery or installation of Products are approximate only and shall not form part of the Contract. M&L shall not be liable for any delay in delivery of the Products, howsoever caused.

6.4 M&L may revise and/or discontinue products at any time without notice as part of M&L's policy of on-going product update and revision. Revised or updated products will have the functionality and performance of the Products ordered. The Customer accepts that M&L's policy may result in differences between the specification of products delivered to the Customer and the specification of Products ordered.

7. ACCEPTANCE OF PRODUCTS

7.1 Save as otherwise provided in law, unless the Customer notifies M&L to the contrary within the period of one month from the day of delivery, the Products shall be assumed to have been in good condition at the date of delivery.

8. WARRANTY

8.1 Unless specified otherwise, M&L warrants to the Customer that the Products, under normal operating and usage conditions and proper application in accordance with the instructions and specifications for operation, will from delivery date be free from defects in materials for 12 months, and workmanship for 6 months.

8.2 This Warranty period does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by M&L, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than M&L personnel or any person authorised by M&L, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by M&L. The Warranty does not cover any items that are in one or more of the following categories: hardware, accessories or parts added to the Product after the Product is delivered to Customer. 

8.3 Subject to clause 9 below, during the Warranty period as the case may be and beginning on the delivery date, M&L will repair or replace Products returned to M&L's facility. M&L will be responsible for all necessary repair or replacement (as the case may be) costs incurred (including but not limited to cost of any labour, materials or postage) arising from the defect(s) as discovered by the Customer.

9. SERVICE AND SUPPORT

In respect of Akoni’s Products, M&L will provide general service and support to Customer in accordance with the then-current service and support policies in effect. Service and support offerings may vary from product to product.

10. LIABILITY

10.1 M&L shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions.  M&L shall have the right to replace the Products or supply equivalent Products; or repair such Products, provided that the replacement or repair is performed within a reasonable time and without causing significant inconvenience to the Customer.

10.2 To the extent permitted by law and subject to the Terms & Conditions herein, M&L's total liability herein in respect of each event or series of connected events shall not exceed the amount invoiced for the applicable total price paid for the Order.

10.3 The Customer shall indemnify M&L and keep M&L fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4 Any production or service response times stated by M&L are approximate only. M&L shall not be liable to the Customer for a) any incidental, indirect, special or consequential damages, b) loss of opportunity, c) loss of revenue, d) loss of profit or anticipated profit, e) loss of business f) loss of contracts, g) loss of goodwill, h) loss arising out of business interruption, i) loss arising out of or in connection with pollution or contamination, all arising out of or in connection with the purchase, use or performance of Products, even if M&L has been advised of their possibility.

10.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by M&L shall be subject to correction without any liability on the part of M&L.

11. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore and shall be subject to the non-exclusive jurisdiction of the courts of Singapore.

13. GENERAL

14.1 Disclaimer: All photographs and image files as posted on the Akoni website are for the illustrative purposes only, and are not to be intended as an exact representation of the blinds or curtains offered for sale.  Different computer display screens may portray material colour tones differently from the original colours.  As such, it is recommended that customers request for free swatches of blind materials and curtain fabrics.  Note, however, that due to dying processes, different production batches or different shipments, slight variations between free material swatches and the end-product may inevitably occur; this is generally acceptable by industry’s standards.

14.2 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of M&L. Any such unauthorized assignment shall be deemed null and void.

14.3 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

14.4 No Waiver. No failure or delay on M&L's part in exercising any power or right under this Agreement operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.