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Terms of Service

Last Updated: 23 January 2024

1. Introduction

This website, www.mondaysmade.com (the “Site”), is operated by Mondays Made Pte Ltd (“we”, “us”, “our” and “Mondays Made”). These terms and conditions (the "Terms of Service" or “Terms”) stated on this page and other related documents apply on any product and/or services (collectively known as “Services”) listed and/or rendered to you while accessing and using the Site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using the Services, you agree to be bound by these Terms. We reserve the right to update, amend and/or replace any part of the Terms by posting the revised Terms here. You should check this page frequently to review the most current version of the Terms and to see if there are any updates or changes to the Terms. Your continued use of and/or access to the Site following the posting of any changes constitutes your acceptance to the Terms posted.

Use and access to the Site is permitted on a temporary basis. We reserve the right to withdraw or amend the Services without notice, including (a) the access to some parts and/or the entire Site, and (b) our online and offline partnerships and collaborations with external suppliers and partners. Mondays Made will not be liable if, in any event, the Site is unavailable at any time or for any period.

If you are below 18 years old, you must obtain the consent of your parent(s) or legal guardian(s) before accessing, using and/or making any purchase through the Site.

By accessing and/or using the Site, you represent and warrant that:-

(a) you are the user of the Site and that you are at least 18 years of age; and

(b) all information supplied by you on or through the Site is true, accurate and complete.

About Mondays Made

Mondays Made is a company incorporated in Singapore. Our registered office is 1 Yishun Industrial St 1, #08-22, Singapore 768160 and our registered number is 202301182N.

For any question or support request, you can contact us via any of the channels on this page: https://mondaysmade.com/talk-to-us

2. User Accounts

Some of the services and/or features on the Site require you to register for an account. When you register for an account, you will be required to provide information to us. Any information you provide to us which constitutes personal data will be held in accordance with the terms of our Privacy Policy. The account password you use for your account should be unique and should be kept confidential and not disclosed to any third party.

You must notify us immediately of any breach or suspected breach or unauthorised use of your account. Notwithstanding the foregoing, you agree that any access to and/or use of the Site and/or our services, and/or any information or communication transmitted, which is referrable to your account shall be deemed to be access or use by you and/or information or communication validly transmitted by you, and we shall not be obliged to make any enquiries as to the user of your account. We shall be entitled to act upon, rely on and hold you responsible for any such access or use and/or information or communication transmitted as if the same were acts by you.

We reserve the right, in our sole discretion and without notice, to disable, deactivate and/or terminate any account for any reason including, without limitation, if you have failed to comply with any of the provisions of the Terms.

3. Product Description & Defects

We endeavour to be as accurate as reasonably possible in the information we provide about the products available through the Site, including in relation to product descriptions, pricing, promotions, availability and shipping information. The images of the products on our Site are for illustrative purposes only. The actual products may differ from the images of the products displayed on the Site, and the colours of the products may appear different in reality due to, amongst other things, studio lighting conditions or variances in computer screen calibration. Weights, measurements and other similar descriptions of products on the Site are provided on best efforts basis only. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant or represent that the information provided on the Site including, without limitation, the prices, images, descriptions, specifications and indications of availability are accurate, complete, reliable, current, or error-free. We reserve the right to correct any inaccuracies, omissions or errors, and to update or amend, the information on the Site at any time without notice. In particular, minor variations in measurements (within 1 inch or 2.5 cm) are not considered a defect.

Mondays Made does not guarantee or warrant the accuracy or reliability of any information, content or materials in this site. We shall not be liable for any losses as a result of reliance on information provided.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time without notice, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Orders & Payments

You may place an order with us by submitting it in the form prescribed on the Site, and providing such details and information as indicated on the Site. Once you have done so, we will send you an email notifying you of our receipt of your order. Please note that this notification does not mean that we have accepted your order. It is your responsibility to ensure that your order and all information provided to us is accurate.

The information and details on the Site do not constitute an offer for sale, but an invitation to treat. By placing an order, this constitutes an offer by you to purchase the product(s) in your order from us. A contract between you and us for the sale and purchase of the product(s) in your order shall only be formed when your order is accepted by us, such acceptance being evidenced by our written notification to you (sent via email) confirming that your order has been shipped.  Each order accepted by us shall constitute a separate and individual contract governed by these terms and conditions (an "Order"). We will assign an order number to your Order when we accept your Order. The order number can be found in the confirmation email sent to you.

We reserve the right to accept or decline any order in our sole and absolute discretion without assigning any reason. We will notify you if we are unable to accept and/or process your order for any reason including, without limitation, if the product(s) in your order is out of stock or is unavailable, if we have identified an error in the price and/or description of the product, or if we are unable to meet a delivery deadline or other request you have specified. We reserve the right to specify limits on the quantities of any product(s) that may be ordered by you at any time and in such manner as we may determine.

Unless we agree otherwise, all orders are for personal and/or gifting purposes only and not for commercial purposes (such as resale), and without prejudice to the generality of the foregoing, we reserve the right to restrict orders for multiple quantities of any item(s) to any one customer or address. If we are unable to fulfil your order, you will receive an email from us informing you that the order has not been accepted and we will refund the payment for your order to you.

5. Making A Change To An Order

Please contact us as soon as possible if you wish to make a change to the product(s) you have ordered. Unfortunately, please note that we are unable to change your Order if the Order has been processed and dispatched. 

6. Prices

The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as any orders that are unpaid after the specified payment time-frame shall be cancelled automatically unless we determine otherwise in our discretion.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will contact you as soon as possible if we discover an error in the price of any product(s) that you have ordered where you will be given the option to re-purchase the product at the correct price, or cancel the order. The order will be cancelled if we do not receive a response from you. A full refund will be provided if the cancelled order has been fully paid.

7. Taxes & Duties

You are responsible for the payment of any and all taxes or duties levied or charged on you order (including any taxes or duties payable for the delivery or shipping of your order).

8. Payment

All payments must be made at the time of order form submission. We accept payments using VISA, Mastercard, American Express, GooglePay, Mondays Made store credits and gift vouchers.

If we are unable to accept or fulfil your Order for any reason, we will refund any money paid by you in respect of the Order. We will not dispatch the product(s) until we receive payment in full.

For payment by card, all credit or debit cardholders and bank account holders respectively may be dependent on authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the product(s) which you have ordered as a result.

To ensure safe and secure shopping, we use standard internet encryption technology to provide you with the maximum practicable level of security. We do not hold any of your payment details anywhere on the Site. They are passed securely to our payments processor for authorisation by your bank or payment provider.

9. Shipping & Delivery

Each order will be delivered to the address specified therein. We shall not have any responsibility to enquire into the form, correctness or completeness of any address provided. Any delivery times and dates specified on the Site or stated by us are only estimates and the time taken for delivery may be longer. Delivery of orders may take longer during sale or launch periods, holidays and where unforeseen circumstances occur. Deliveries for orders are services provided by external third parties and we shall not be liable for any delay in the delivery of your order. We shall have the right (but not the obligation) to treat multiple orders made by the same customer (including without limitation orders made using the same account) as a single order and shall have the right to merge any such multiple orders into a single shipment for the purposes of delivery without prior notice to you.

International shipment may be subject to customs and import duties and fees, taxes and other charges. These additional charges are levied by customs in the destination country and will be borne by the recipient. As the duties and taxes vary by country and contents of your order, we recommend that you contact your local customs office for more information before placing your order. These charges will not be covered or refundable by Mondays Made.

If the delivery of your order fails for any reason and your order is returned to us, we would be happy to arrange for the re-delivery of your order, subject to you paying us for any costs incurred by us in relation to the return of your order and/or for such re-delivery. Mondays Made will not be able to cancel your order, issue a refund or bear the additional charges should you refuse your shipment for any reason.

Ownership of the product(s) will pass to you on delivery.

For more information on shipping and delivery of your order, please refer here.

10. Missing, Incorrect, Damaged or Defective Product(s)

Kindly inspect the products for defects or damage when you receive your Order.

Please contact us via any of the channels here if there are any missing, incorrect, damaged or defective product(s) in your parcel. We will review your enquiry and make necessary arrangements including arranging for return shipment, reimbursement of delivery charges, custom fees and duties, delivery of correct items to you.

Details on our warranty and return policy can be found here.

11. Prohibited Activities

You agree and undertake not to:

  • Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws;
  • to solicit others to perform or participate in any unlawful acts;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site;
  • Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
  • to submit false or misleading information;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape; and
  • to interfere with or circumvent the security features of the Service or any related Site, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited activities.

12. Intellectual Property

All intellectual property rights including, without limitation, copyright, trademarks, design rights and patents, in and to the Site, the content and any material published in the Site (collectively, the “Materials”) are owned by or lawfully licensed to us. You are granted a personal, non-exclusive, revocable, non-assignable and non-transferrable licence to use and view the Materials solely for your personal use only. Save as aforesaid, you shall not, without our prior written consent, copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any Materials in any form or by any means. Save as expressly provided herein, all rights in and to the Materials shall vest and remain with us and our licensors, and all such rights are expressly reserved.

Without prejudice to the generality of the foregoing, the name Mondays Made, trademarks, logos, and other identifiers used in or in connection with the Site and the Materials are the proprietary marks or trademarks of Mondays Made and its licensors and may not be used, copied and/or modified in any manner, including without limitation, in any advertising or publicity, or as a hyperlink, without our prior written consent. Nothing in this Terms shall be deemed to grant you any licence or right in or to any trademarks, logos or other proprietary right in the Site and/or the Materials.

13. Links To Third Party Sites

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Mondays Made, including third party payment system providers. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Mondays Made from any and all liability arising from your access and use of any third party website.

We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.

14. User Comments, Reviews & Submissions

If you submit any information or materials to us, including without limitation any responses to contest entries, reviews of our products, ideas, suggestions, proposals, plans, or questions, whether online, by email, by mail, or otherwise (collectively, “Submissions”, which for the avoidance of doubt exclude any personal data), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use, create derivative works from, sell, incorporate into other materials and/or otherwise use in any medium any Submissions. We shall not be under any obligation to (a) maintain any Submission in confidence; (b) pay compensation for any Submission; or (c) respond to any Submission. This term shall survive the termination of the Terms.

15. Indemnities

You agree to indemnify us and hold us and our directors, officers, employees, consultant, suppliers, licensors, contractors, partners, affiliates, agents and representatives harmless from any claims, losses, damages, costs and expenses (including, without limitation, legal fees) arising out of your access of, use of and/or participation in the Site and/or any Materials, including, without limitation, for (a) any claims of infringement of a third party’s rights; (b) damage to tangible property, bodily injury, or death; (c) negligence or willful misconduct caused or attributable to you or any of your agents; and (d) breaches of your obligations under the Terms.

16. Warranties & Limitation Of Liability

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without limiting the generality of the foregoing, we do not guarantee, represent or warrant (i) the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that your use of our Services on the Site will be secure, uninterrupted or error-free; and (iii) that any defects or errors will be corrected.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of our Services is at your sole risk.

We expressly disclaim any and all liability arising from:

  • errors, mistakes or inaccuracies of the content, products, information, services and materials set forth on or made available through the Services;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, or any third parties;
  • any unauthorized access to or use of secure servers and/or any and all personal information stored therein;
  • improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
  • any interruption or cessation of transmission to or from the services or third party website(s);
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services or any third party website(s) by Mondays Made or any third party; and
  • third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site.

You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and Mondays Made does not retain or process any such payment information. Mondays Made does not guarantee, represent or warranty the security of such third party payment system(s) or any payment data on the Site. Mondays Made is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Mondays Made is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Mondays Made from any and all liability in connection with the acts, omissions or defaults of such third parties.

You agree that we, our directors, officers, employees, consultant, suppliers, licensors, contractors, partners, affiliates, agents and representatives shall not under any circumstance be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind whatsoever, including, without limitation, lost profits, lost revenue, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service(s), the Materials and/or the Website, and/or any product(s) procured or purchased from us, even if advised of their possibility. To the extent that any exclusion of liability under the Terms is not permitted under law, our aggregate cumulative liability under any claim shall in any event not exceed the amount that you have paid to us for the purchase of products from us.

17. Access To The Website

We reserve the right to discontinue and/or disable the Site and/or any part of the Site and/or any Materials at any time in our sole and absolute discretion. We may change and/or remove any Materials and/or the Site at any time in our sole discretion. You acknowledge that the Materials and/or the Site may be out of date at any given time, and that we are under no obligation to update any such Material and/or the Site. We shall not be liable if for any reason any Materials and/or the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site for any reason without prior notice to you.

18. Termination

We will determine in our sole discretion whether there has been a breach of these Terms through your use and/or access of the Site. When a breach of these Terms has occurred, we may take such action as we deem appropriate, including:-

  • Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
  • Issuing a warning to you;
  • Forfeit the points you have accumulated under the membership program;
  • Commencing legal proceedings against you for loss resulting from your breach; and
  • Disclosure to law enforcement authorities of such information as we reasonably deem necessary.

We exclude liability for any actions taken in response to breaches of these Terms. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

19. Personal Data

We may collect, use and disclose personal data that you provide to us to supply the product to you, process your payment for the product, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy at www.mondaysmade.com/privacy-policy for more information.

20. Other General Terms

Governing Law: The Terms and any dispute or claim arising out of or in connection with the Terms including any non-contractual dispute or claim or dispute concerning its subject matter or formation, shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any claim or dispute arising out of or in relation to the Terms, the Materials and/or the Site shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

Assignment: The rights and obligations under the Terms may not be assigned or transferred (in whole or in part) by you to another party without our express written consent, and any such assignment or transfer shall be null and void.

Survivability: All provisions of the Terms that are expressed to survive or that by their nature are intended to survive the termination of the Terms shall survive such termination.

Waiver: The failure by us to enforce any right or term of the Terms shall not be construed as a waiver of such right or term.

Headings: The headings in the Terms are included for convenience and should be ignored in interpreting the Terms.

Severability: Should any provision of the Terms be held to be invalid, illegal or unenforceable, such provision shall be deemed not to form part of the Terms and shall not affect the validity of the other provisions of the Terms, which shall remain in full force and effect. 

Rights of Third Parties: A person who is not a party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) Singapore, to enforce any provision of the Terms.

Entire Agreement: The Terms, and any other terms and conditions referred to herein, constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior communications and understandings with respect to such subject matter.

No Partnership: Nothing in the Terms or in your use and/or access of the Site shall be deemed to create any joint venture, agency, partnership, or employment relationship between you and us.

 

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