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Terms & Conditions

Terms & Conditions

Banyan Tree Gallery's (BTG) essentials.banyantree.com (our 'Site') and related services are made available to your pursuant to the following terms and conditions of use and other rules posted on our Site (collectively, the 'T&Cs'). Your registration and use of this service shall constitute your full and unconditional acceptance of the  essentials.banyantree.com's Conditions of Use and Privacy Policy. We may modify the T&Cs from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified T&Cs. Please read the T&Cs and check back often. If you do not agree to any change to the T&Cs, then you must immediately cease using this Site.


1. Use of this Site

1.1 You may need to register to use some of the features on this Site. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address: gallery-weborders@banyantree.com

1.2 You acknowledge and agree that we have the right to access and disclose part of or all information concerning you and your use of the Site at such time and in such manner as is:

  • (i) permitted or required by law to the relevant authorities;
  • (ii) to comply with applicable laws and lawful government requests;
  • (iii) necessary to enforce or apply the terms of any of our user agreements; or
  • (iv) necessary to protect the rights, property or safety of BTG, the Site or its users.

1.3 You acknowledge and agree that we may from time to time access your account and other parts of the service as necessary to identify, investigate or resolve technical problems, to respond to service complaints or to award discounts and gift vouchers.

1.4 If we deem necessary, we shall share your personal data with companies and organizations in order to enable us to perform credit checks and you hereby consent to us so doing.

1.5 Your use of this Site is at your sole risk. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept the responsibility for all transactions occurring under the account and that you will be personally responsible for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of it, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities or otherwise violated the T&Cs, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.



2. Content and Products

2.1 Content is defined as any graphics, photographs, sounds, music, video, audio or text that you or any user may upload or transmit on this Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. BTG reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that BTG is not liable to you or any third party for any such withdrawal.

2.2 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the content, hyper text mark up language and other codes contained in this Site, shall remain at all times vested in BTG and/or its licensors and is protected by copyright and other laws and international treaty provisions. You are permitted to use this material only as expressly authorized by BTG or its licensors. Any reproduction or redistribution of the above listed materials is prohibited by law and may result in civil or criminal penalties.

2.3 No Commercial Use- This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Site without the approval of BTG. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

2.4 No Resale or Reproduction- You also undertake strictly that at no time any merchandise sold or offered to you on this Site shall be reproduced or resold for any reason commercial or non-commercial whatsoever.

2.5 Violators of the above will be prosecuted to the fullest extent permissible under applicable law.

2.6 Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.

2.7 No hyper linking of this Site is permissible except with our prior written consent to do so.



3. Third Party Links

3.1 We may include hyperlinks on this Site to other websites or resources operated by parties other than BTG which may include advertisers. We exclude all responsibility for the availability of such external websites or resources, and any endorsement and all responsibility or liability, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites and resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.



4. Eligibility and Purchasing

4.1 This Site is available to individuals and other who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to BTG, whose applications are acceptable to BTG and who have authorised BTG to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.

4.2 By making an offer to buy the merchandise from us, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit card reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

4.3 All orders on this Site are subject to our acceptance and stock availability.

4.4 We also reserve the right generally to reject any order placed without giving any reason whatsoever and in this case there will not be any charges to your credit card.

4.5 The contract between you and BTG will be completed when we issue you an acceptance of your offer to purchase. The sale of contract is therefore completed in Singapore. We reserve once again the right to reject any offer to purchase by you at any time.

4.6 All orders placed cannot be cancelled except by BTG in our sole and absolute discretion to do so.

4.7 BTG reserves the sole and absolute right to substitute out-of-stock products with alternatives of similar values if BTG sees fit.



5. Prices

5.1 Prices quoted are expressed in Singapore Dollars, United States Dollars or Euros, based on your choice of currency.

5.2 The prices quoted on our Site are subject to change without notice and we reserve the right to reject an order request if the price quoted has been wrongly calculated due to any unforeseen technical problems.

5.3 All prices are inclusive of the applicable Singapore Government Service Taxes (GST) but exclude delivery charges.

5.4 Please check the import tax for your state or country as the prices or delivery charges do not include these, if applicable. However, as items are generally small and of low cost, such taxes are usually not applicable. In the event of any applicable local import taxes in your state or country, under no circumstances BTG shall be held liable for such taxes.



6. Payment

6.1 Payment can be made by Visa, Master Card and American Express. Payments will be debited and cleared from your account at the time that your order is accepted by BTG. You confirm that the credit card that is being used is yours. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refused to authorize payment to BTG, we will not be liable for any delay or non-delivery.

6.2 We will take all reasonable care, in so far it is in its power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.



7. Withdrawals and Refusal

7.1 We reserve the right to withdraw any merchandise from the Site at any and/or remove, screen, edit any materials or contents on the Site.

7.2 We may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole and absolute discretion.

7.3 We will not be liable to you or any third party by reason of us:

  • (i) withdrawing any merchandise from the Site whether or not that merchandise has been sold;
  • (ii) removing, screening or editing any materials or content on the Site;
  • (iii) refusing to process a transaction; or
  • (iv) unwinding or suspending any transaction after processing has begun.

 


8. Delivery

8.1 Delivery charges are calculated once you have confirmed the items you want to purchase and selected the destination to be delivered to. We use DHL Express for shipping worldwide.

8.2 If BTG is of the opinion that we may not be able to deliver your orders to certain countries or regions owing to reasons of political instability, we may choose to grant you the option to cancel your order. However should you insist to continue with the delivery of your order, we shall not be held liable for any loss or damage that might ensue under such circumstances of delivery.

8.3 Please allow up to one week for order preparation. We will notify you via email of the estimated arrival date.

8.4 In the event of any delay whatsoever and howsoever caused including (but not limited to) circumstances beyond our control, BTG shall not be held responsible for such delays and shall not be liable for any loss suffered due to such delays.

8.5 Additionally, BTG presumes that the signatory of the delivery invoice has been authorized to receive the merchandise. BTG will not be liable for any loss or damage to the merchandise after delivery.



9. Returns and Exchange Policy

9.1 No merchandise sold shall be eligible for any returns, refund or exchange except where the merchandise is defective upon receipt, damaged during delivery or the incorrect merchandise is sent. We encourage you to check the condition of the merchandise upon receipt for any damages or defects. In such an event, please notify us within 8 days of delivery confirmation via email at gallery-weborders@banyantree.com so that our customer service representative may discuss the further steps with you.

9.2 Any returns, refund and exchange in the event of defected or damaged merchandise shall be subject to proof of such defect or damage and at BTG's sole and absolute discretion to do so.

Banyan Tree Gallery (Thailand) Limited
Head Office No. 21/100 Thai Wah Tower 2, 22nd Floor, South Sathorn Road, Tungmahamek, Sathorn, Bangkok 10120

 

10. Limitation of Liability

10.1 You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings) any loss of goodwill or reputation, or any special or indirect consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the T&Cs.


11. Indemnification

11.1 At our request, you agree to fully defend, indemnify and hold BTG harmless immediately on demand, its officers, directors, agents, affiliates, licensors and suppliers, from an against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&Cs by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your internet account. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.



12. Entire Agreement

12.1 You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and BTG as a result of the T&Cs or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent or employee of BTG and we shall not be liable for any representation, act or omission on your part.

13.1 The T&Cs (as amended from time to time) constitutes the entire agreement between you and BTG regarding your use of this Site and supersedes all previous agreements, understandings and arrangements, written or oral, between you and BTG in relation to such matters.

13.2 In the event any other rules or other matter posted on this Site conflicts with the T&Cs, the T&Cs shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the T&Cs.

 

13. No Waiver

13.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

14. Governing Law

14.1 The T&Cs will be governed and construed in accordance with the laws of Singapore and you irrevocably submit to the exclusive jurisdiction of the courts of Singapore.


15.Legal Entity

15.1 Banyan Tree Gallery (Singapore) Pte. Ltd. ("Banyan Tree Gallery") is a company registered in Singapore whose registered office is at 211 Upper Bukit Timah Singapore 58818, a subsidiary company of Banyan Tree Holdings Ltd.

 

16.Copyright

16.1 All copyright, database rights, design rights and all intellectual property rights in and to all text and graphics their selection and arrangement, and all mark up/layout/scripts, software compilations, underlying source (hyper text mark up language and scripts) and all other materials on this website belong solely and absolutely to Banyan Tree Gallery.

16.2 No part of our website can be reproduced in any form whether electronically or otherwise without our prior written consent.

16.3 Copyright @Banyan Tree Gallery (Singapore) Pte. Ltd. 2004


17. Liability Disclaimer

While we will use reasonable endeavours to verify the accuracy of the information contained in this Site, we make no warranties, whether express or implied in relation to its accuracy and we disclaim and exclude any duty of care which we may owe you in respect of the information on this website. Your reliance on this website and your use of this website is entirely at your own risk. Nothing in this website constitutes an offer to enter into any contract, and all orders for merchandise are subject to acceptance by Banyan Tree Gallery. We exclude all warranties, terms and conditions implied by law in relation to this website.

This Site is provided on a "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from the course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free from viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible for any loss of content or materials uploaded or transmitted through this Site.

To the fullest extend permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for security or privacy of this Site and any information provided to or taken from this Site by you.

We shall have no liability for any loss or damage you suffer as a result of relying on any fact or statement that prove to be incorrect.

This website may contain hyperlinks to other websites operated by third parties. If you activate such hyperlinks you will leave essentials.banyantree.com and Banyan Tree Gallery has no control over and will not accept any responsibility and liability whatsoever in respect of the content and for the privacy practices of such websites, which are not part of the essentials.banyantree.com

Your use of this service binds your acceptance of the essentials.banyantree.com's

Terms and Conditions of Use and Privacy Policy.

® 2012 Banyan Tree Gallery (Singapore) Pte. Ltd. All Rights Reserved.

Materials published on this Site is copyrighted by BTG or its licensors. All rights reserved. All third party trademarks mentioned or displayed on this Site are the property of their respective owners.

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