Terms and Conditions

1.1 This Web Site is intended only for consumers wishing to order Philips products (Product/ Products) online for delivery in Singapore. Philips does not accept orders for delivery outside Singapore. The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By ticking the I have read and agree box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions. Philips reserves the right to change these terms and conditions at any time without prior notice. Such changes however will have no effect on orders that were submitted before posting of such revised terms and conditions on this Web Site.

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2.1 To place an order you must be 18 years of age or over, be accessible by telephone and have a valid email address.

2.2 You may place an order by:

2.2.1 Filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button.

Philips will not accept orders placed in any way other than listed above.

2.3 When you place your order, Philips will issue you with an Order Number via the Web Site. Please note the Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.

2.4 By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Philips may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission.

2.5 If Philips accepts your order, Philips will notify you of our acceptance by issuing an order confirmation. Philips will send your order confirmation to you by e-mail and this will be effective as of the date on which the order confirmation is sent to you. If Philips cannot accept your order, Philips will attempt to contact you by email or telephone.

2.6 Please note that the on-screen display of the colors, designs, products may differ from the actual appearance or size of products offered on the Web Site.

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3.1 Subject to these terms and conditions, Philips will supply to you the Products indicated on your order confirmation.

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4.1 All prices are in Singapore dollars. Prices shall be those prices published on this Web Site at the time you submit your order. The prices published on the Web Site are inclusive of GST, and exclusive of shipping and handling costs, which are for your account. These costs will be calculated separately as applicable and specified on the order form then added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the products including all applicable taxes, recycling fee, duties, handling and shipping charges.

4.2 No intra-community purchases can be made via the Web Site.

4.3 Delivery costs, where applicable, are payable by you as indicated on your invoice.

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5.1 You may pay for your Products by the methods of payment displayed on the payment paragraph of the Web Site.

5.2. You must pay in the currency as indicated on your invoice.

5.3 If you are paying by credit card, then you must supply your credit card details when you place your order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products. Philips will not be obliged to commence the manufacture of your Products neither will Philips supply the Products to you nor perform the services until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If Philips does not receive such authorization Philips shall inform you accordingly. Philips reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.

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6.1 Orders placed on this site can only be delivered in Singapore.

6.2 Where you have requested for delivery, Philips will deliver the Products to the delivery address you specified in the order form and in accordance with the delivery option you chose. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipment dates given by Philips are best estimates only and Philips shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by e-mail. Philips reserves the right to delay delivery till stock is available or replace the order with equivalent if product ordered is no longer available. A maximum of two (2) attempts will be made for delivery and a delivery advice slip will be issued on the second attempt, where you have not been available to accept delivery.

6.3 Title to and risk of loss of your Products will pass to you on delivery of the Products

6.4 When Products have been delivered to the carrier, Philips will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the order form.

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7.1 If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 8 below, please call Philips at: 6882 3999 between 9:00 AM and 6:00 PM Monday to Friday or 9:00 AM and 1:00 PM Saturday. In the event that you are entitled to a replacement or repair in accordance with paragraph 8 below, the transportation charges will not be applied.

7.2 Steps to Follow to Claim a Refund:

(i) Please call Philips at: 6882 3999 between 9:00 AM and 6:00 PM Monday to Friday or 9:00 AM and 1:00 PM Saturday to make arrangements for your return.

(ii) Philips will subsequently arrange for the Product(s) to be collected by its nominated carrier. Depending on which carrier it is, you will either be asked to contact them, or in the case of larger items you will be called to arrange a collection time(iii) Before returning any Product(s) please check that you have:

1. Received a RMA number from Philips (issued on request);
2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise;
3. Used all packaging that was originally supplied;
4. Clearly displayed the returns address and the RMA number;
5. Sealed the packaging securely.
    

(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.(v) Please note that Philips reserves the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraph 7.2.

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8.1 Philips-branded Product Warranty

Philips warrants that under normal use in accordance with the applicable user manual the Products, (excluding any software that is not embedded in a Product by Philips)

For Philips general warranty coverage, please refer to http://www.support.philips.com/support/service/service_page.jsp?userLanguage=en&userCountry=sg

Notwithstanding the foregoing, Philips shall have no obligations under warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, use other than as set forth in the user manual, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling.

The express warranty granted above shall extend directly to you and is in lieu of all other warranties, whether express or implied, including without limitation any implied warranties of fitness for a particular purpose, merchantability, or non-infringement of intellectual property rights. All other warranties are hereby specifically disclaimed by Philips.

Subject to the exclusions and limitations set forth in clause 9, the foregoing states the entire liability of Philips in connection with defective or non-conforming Products supplied hereunder.

8.2 Non-Philips-branded/Third-party Products

For non Philips-branded Products (including non Philips branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturers warranty, which may be included with the Products purchased. In relation to any existing manufacturers warranty, any warranty claims should first be made either directly to the manufacturer or to Philips by phone. Philips cannot cover warranty claims for non-Philips branded products.

8.3. IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS,which cannot be expressly excluded under the applicable law.

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9.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of telephone support, warranty services or any other services related to the Products (Services).

9.2 Except where set out in paragraph 9.3 below, there are no warranties, conditions or other terms that are binding on Philips regarding the supply of Products or the provision of Services except as expressly stated in these terms and conditions of sale.

9.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied in or incorporated into these terms and conditions of sale by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Philips will not be responsible for ensuring that the Products are suitable for your purposes.

9.4 Nothing in these terms and conditions of sale shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any liability which cannot be excluded by law.

9.5 SUBJECT TO CLAUSE 9.4 PHILIPS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF SALE OR THE SALE OF ANY PRODUCTS OR SERVICES BY PHILIPS OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY – EVEN IF PHILIPS HAS BEEN ADVISED, OR IS AWARE, OF THE POSSIBILITY OF SUCH DAMAGES.

PHILIPS’ AGGREGATE AND CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNT PAYABLE BY YOU TO PHILIPS IN RESPECT OF THE PRODUCT(S) AND/OR SERVICES IN QUESTION.

9.6 Your claim for damages must be brought by you within ninety (90) days of the date of the event giving rise to any such claim, and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.

9.7 The limitations and exclusions set forth above in this Section 9 shall apply only to the extent permitted by applicable mandatory law.

9.8 This does not affect your statutory rights as a consumer nor your right to return the Products as per clause 7.

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Philips, at its sole expense, shall: (i) defend any legal proceeding brought by a third party against you to the extent that the proceeding includes a claim that any Product as furnished by Philips directly infringes the claimant’s patent, copyright, trademark, or trade secret; and (ii) hold you harmless against damages and costs awarded by final judgment in such proceeding to the extent directly and solely attributable to such infringement.

Philips shall have no obligation or liability to you as mentioned above if Philips is not: (i) promptly notified in writing of any such claim; (ii) given the sole right to control and direct the investigation, preparation, defense and settlement of such claim, including the selection of counsel; and (iii) given full reasonable assistance and cooperation by you in such investigation, preparation, settlement and defense; (2) if the claim is made after a period of three (3) years from the date of delivery of the Product.

If any Product is, or in Philips’ opinion is likely to become, the subject of a claim of infringement as referred to above, Philips shall have the right, without obligation and at its sole option, to: (i) procure for you the right to continue to use the Product; (ii) provide replacement Product, or (iii) modify the Product in such a way as to make the modified Product non-infringing; or (iv) terminate any agreement to the extent related to such Product.

Subject to the exclusions and limitations set forth in clause 9, the foregoing states Philips’ entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of any intellectual property rights or any other proprietary rights of any kind.

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You acknowledge that all technical, commercial and financial data disclosed to you by Philips and/or its affiliates is the confidential information of Philips and/or its affiliates. You shall not disclose any such confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transaction contemplated herein.

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You shall not assign any rights or obligations under these terms and conditions of sale without the prior written consent of Philips. You shall have no right to withhold or reduce any payments or to offset existing and future claims against any payments due for Products sold under these terms and conditions of sale or under any other agreement that you may have with Philips or any of its affiliates may have and agree to pay the amounts hereunder regardless of any claimed offset which may be asserted by you or on your behalf.

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You can contact Philips Rewards Shop:

• By telephone: 6882 3999 between 9:00 AM and 6:00 PM Monday to Friday or 9:00 AM and 1:00 PM Saturday.

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14.1 Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.

14.2 By placing your order, you agreed and understand that Philips may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the Philips Privacy Policy which is available by clicking on the button Privacy Policy in the footer of this Web Site. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Philips please follow the update procedure set forth in the Philips Privacy Policy.

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Philips shall not be liable for any failure or delay in performance if:

(i) such failure or delay results from interruptions in the Product manufacturing process; or

(ii) such failure or delay is caused by Force Majeure as defined below or by law.
 

In case of such a failure as set forth above, the performance of Philips’ obligations will be suspended for the period such failure continues, without Philips being responsible or liable to you for any damage resulting therefrom.

The expression "Force Majeure" shall mean and include any circumstances or occurrences beyond Philips' reasonable control - whether or not foreseeable at the time of order - as a result of which Philips cannot reasonably be required to execute its obligations including force majeure and/or default by one of Philips’ suppliers. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by Philips to extend for a period of three (3) consecutive months), Philips shall be entitled to cancel all or any part of the order without any liability towards you.

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Subject to the provisions set forth herein, the sale by Philips of any Products implies the non-exclusive and non-transferable limited license to you under any of Philips’ and/or its affiliates’ intellectual property rights (“Philips’ IPR”) used in the Products to use the Products as sold by Philips to you.

To the extent that software and/or documentation is embedded in or delivered with any Products sold by Philips to you, the sale of such Products shall not constitute the transfer of ownership rights or title in such software and/or documentation to you, but, subject to the provisions set forth herein, shall only imply a non-exclusive and non-transferable license to you under Philips IPR used in the software to use such software and/or documentation in conjunction with and as embedded in or delivered with the Products as supplied by Philips to you.

You shall not: (a) modify, adapt, alter, translate, or create derivative works from any software residing in or provided by Philips in conjunction with any Products; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software; (c) merge or incorporate such software with or into any other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code for such software without written authorization from Philips except as explicitly allowed under applicable law. You shall reproduce, without any amendments or changes thereto, any proprietary rights legends of Philips and/or its affiliates or its third party suppliers in any software or documentation provided by Philips. If and to the extent copyright in the software is owned by third parties, the license terms of these third parties shall apply.

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Philips will try to solve any disagreements quickly and efficiently. If you are not happy with the way Philips deals with any disagreement and you want to file court proceedings, you must do so within Singapore law and courts. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded. The Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore shall not under any circumstances apply to this Agreement and any person who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce this Agreement or any of its terms.

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18.1 Neither Philips failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

18.2 The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.

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19.1 Order and acceptance customized products

While Philips honors most designs, Philips cannot honor all of them. Some may contain among other things trademarks of third parties that you (or Philips) do not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our Products. Unfortunately, at times this means that Philips may decline your order that may otherwise seem unobjectionable. If your design is, in our sole opinion, unacceptable, your order may be immediately rejected or your purchase will be cancelled at a later stage if so, you will be notified by e-mail and Philips reserves the right to cancel the applicable order confirmation.

19.2 Content Restrictions

You agree not to use the Web Site or service:
 

1. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable
2. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
3. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
4. To upload or otherwise transmit any material which is likely to cause harm to this Web Site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to this Web Site or which may cause any defect, error, malfunction or corruption to the service; and
5. You agree that if Philips, in its sole discretion, determines that any material you submit may not meet these content requirements, Philips shall reject your order. Philips reserves the right to charge a processing fee of $15 for each design that you submit as an order which violates our content restrictions.

In addition, in the event you violate one of these Content Restrictions and you intentionally publicize such violation, you acknowledge that Philips will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.

Your design or personalization of the Product (and/or the color combination) shall be created by yourself, or, to the extent this is not the case, you hereby guarantee that you are authorized to use the design or the personalization created by a third party.

Please understand that although Philips reserves the right to decline your design or personalization, you are solely responsible for your design and personalization, and Philips has no obligation to review your design or personalization.

By submitting your order, including your design and personalization, to Philips, you hereby grant Philips a non-exclusive, perpetual, royalty-free license to use your design and personalization in the widest sense of the word, including but not limited to, copying, editing, modifying, digitizing or reproducing, to fulfill your request of creating and delivering a personalized product.

Your design and personalization qualify as what Philips calls User Content. The article about User Content in article 6 of the Terms of Use, which are available by clicking on the Terms of Use link in the footer of this Web Site, is applicable to your design and personalization, save where that article conflicts with this article about user content; in such event this article shall supersede.

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20.1 Philips offers a replenishment model whereby you can subscribe to a recurring delivery of certain selected Products (“Subscription Products”) against the price as shown on the Web Site. You are required to create an account in order to enroll in a subscription for a product.

20.2 You can select the delivery frequency for the Subscription Products in your account. Philips will charge you for your Subscription Products before each scheduled shipment date. Subscription Products will only be shipped after payment has been received by Philips.

20.3 You can pause your subscription up to one day before the next scheduled shipment date in your account. During the pause period you will not receive any Subscription Products and you don’t have to pay the respective subscription charges. After you reactivate your subscription, the delivery of the Subscription Products will be resumed and Philips will charge you accordingly.

20.4 In the event a Subscription Product is out of stock, Philips may postpone the delivery (and related charges) until the next scheduled shipment date at which the Subscription Product is available again.

20.5 You can terminate your subscription at any time up to one day before the next scheduled shipment date.

20.6 In the event you have not fulfilled your subscription obligations, Philips has the right to either give you the opportunity to remedy your breach, or alternatively, terminate the subscription at any time.

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21. 1 Premium redemption is valid in accordance to the terms and conditions of the relevant promotion.

21.2 Premiums are redeemed on a while-stocks-last basis.

21.3 Premium redemptions are not valid for corporate, purchasing and business cards.

21.4 Premiums/Gifts are non-transferable, non-exchangeable and non-replaceable for credit, cash or kinds in all cases, whether in whole or in part. Except to the extent the premium/gift is a Philips product, Philips does not warrant the quality, performance or fitness for the purpose of any prizes and shall not be responsible for any consequence including but not limited to loss of life, injury

to person and/or damage to property arising from or in connection with the promotion and/or redemption or use of the premiums/gifts.

21.5 Philips reserves the right to terminate/ vary/ withdraw/ substitute this promotion at any time, without prior notice and without having to

disclose any reason therefore and without any payment or compensation whatsoever.

21.6 The decision of Philips on all matters relating to the promotion is final, conclusive and binding on all participants and no correspondence,

whether relating to the allotment of redemption or otherwise, will be entertained.

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