Terms of Service.
EFFECTIVE: October 10, 2021
Welcome to AF Hydro and our Terms of Service (the “Agreement”). This Agreement is important and contains terms and conditions of sales and delivery which will affect your legal rights, so please read it carefully. By accessing or using our website (the “Site”) provided by AF Hydro or our services (the “Services”) or products (the “Products”), you hereby agree to be bound by these terms and conditions and all other terms incorporated herein by reference. Throughout the Site, the terms "we", "us" and "our" refer to AF Hydro, including all information, tools, and services available from this Site to you, (the "User"). These will apply to all users of the Site, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store are subject to these Terms. We reserve the right to change or modify any part of this Agreement at any time. We will post the updates or changes on this page and will indicate the date of this Agreement was last revised at the top of this page. You will be notified either through a pop-up notice, e-mail, or through other reasonable means of any material changes. While you are visiting our site, you are accepting the new Terms and Conditions. You are responsible to visit this page to review the current Agreement periodically. Hence, you are aware of any revision to which you are bound. If you do not agree to these terms or any future Agreements, do not use or access (or continue to use or access) the Site.
SECTION 1 | ONLINE STORE AGREEMENTS
Our Site may only be for your personal and non-commercial use. You may not use our products for any illegal or unauthorized purpose without prior explicit consent unless agreed to by us in writing in each instance. These are including any collection and use of any product listings, descriptions, or prices, containing any downloading, copying documents, or other use of account information. All text, graphics, button icons, images, and audio clips belong to AF Hydro or its affiliates.
All rights are reserved and retained by us, any reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose are strictly prohibited. It is forbidden for framing our trademarks, logos, or other proprietary information (including images, text, page layout, form, meta keywords, or any other "hidden text") without our express written consent. AF Hydro logos, trade names, or words are registered trademarks, the use of any of our trademarks in any manner is restricted.
SECTION 3 | REGISTER AN ACCOUNT
Once you sign in to an account with us, you are registered on the AF Hydro Site. The terms "member," "membership," and "account" all refer to this registration as a member on AF Hydro's Site. You may sign up for an account on the Site or log in via your Facebook or Google account. It is not mandatory to create an account as a member to use the Site.
By registering an account, you shall not:
(i) intent to impersonate that person of using as a username a name of another person;
(ii) use as a username a name subject to any rights of a person other than you without authorization; or
(iii) use as a username a name that is otherwise inappropriate, offensive, vulgar or obscene.
You are taking responsibility for the activity that occurs on your Account, and for keeping your Account username and password secure. You are not assigned or transfer your account to any other person or entity and are not allowed to use another person's Account or registration information for the Site without permission. Notify us immediately if you suspect that someone has used your username, email, or password without your authorization.
SECTION 4 | PRICES AND PAYMENT
If you are making a transaction through the Site (the “Purchase”), you may be asked to provide certain information relevant to your Purchase including the details of your credit card number, your billing address, and delivery information. By purchasing our products, you are agreeing to pay us, through the payment gateway. All charges at the prices then in effect for such products by the applicable payment terms and you authorize us to charge your chosen payment provider. The rights of correcting any errors or mistakes that it makes even if it has already requested or received payment are reserved to AF Hydro. We assume no liability or responsibility for any payments you may make through afhydro.com. If your payment fails, we may retain collection agencies and legal counsel to collect the fees owed.
The prices of our products are subject to update without notice. An email confirmation sent to you following your order placement does not constitute our acceptance of such an order. We reserve the right to reject such orders or limit the number of product offerings under such orders, and we reserve the right to refuse your order if fraud or an unauthorized or illegal transaction is suspected.
Our prices are ex-works, Singapore. The terms of payment are Cash on Delivery or 30 days net upon written agreement. If the customer falls into arrears with payments, we can withdraw from the contract after a reasonable period of grace has passed without a result and demand compensation. We charge interest on arrears at 2% per month. We reserve the right to claim higher damages for default. The customer is not entitled to offset against our accounts receivable. Please note that the price of the product are not including shipping fees; it will add in the final order description before proceeding with payment. The transaction can be made in advance by following these modes: Paypal or Credit Card / Debit Card.
SECTION 5 | DELIVERY
Indications of the delivery time are not binding. Agreed delivery times begin with the sending of our acknowledgment of order, though not before receipt by us of documents, permits, clearances to be obtained by the customer, and of an agreed down payment. The delivery time has been observed if the delivery item has left the works by the time of its expiration or notice has been given of readiness for shipment.
Your order will be fulfilled within 3 - 18 days after the date of the Order Confirmation unless there are exceptional circumstances and except in the case of pre-orders. In the event of exceptional circumstances, the delivery time is extended accordingly. The same applies in the case of delays in the delivery of materials provided these delays can be demonstrated to have a considerable influence on the completion of the delivery and are not of our making. Your order will be shipped to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will notify and clarify particular details with you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised in the same order cannot be delivered to different addresses.
SECTION 6 | PASSAGE AND ACCEPTANCE OF RISK
We reserve ownership of Product(s) supplied by us until receipt of all payments due from the contract in question. For customers based in Singapore, the risk passes to them when the Product(s) is delivered to them. Risk passes to customers with the handover of the item to the forwarder/carrier. The ownership of the Product(s) ordered will also pass to you upon your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. If requested by the customer we shall insure things at his expense against breakage and damage in transit and fire and water damage.
The customer is entitled to decline acceptance of the item only if it differs from the order. You should inform us as soon as possible, preferably stated in the email, giving your name, address, order reference, and a photo of the Product(s) for the proven purpose. Nothing in this section affects your legal rights. After receipt of the order, the Product(s) must be kept from moisture, erosion, and thermal shock.
SECTION 7 | WARRANTY AND EXCHANGES
We accept products for return and exchanges if your requests are submitted within 60 days from the date of customer received the shipment. The products originally shipped from AF Hydro can claim the return or exchange service, and the return products shall be in good condition for resale purposes. AF Hydro will not be responsible for the return freight charges.
We are liable as follows for defects of the delivery item, to the exclusion of further claims:
Defects are to be notified in writing immediately. In the event of justified, immediate notice of defects we are entitled at our choice to remedy the defect or supply a replacement. Replaced parts will become our property.
In the event of supplying a replacement, our liability is limited to the costs of the replacement item only. These are only paid where they occur in Singapore.
No claims for alleged faults shall be accepted in the event of unsuitable or improper use of the goods delivered, incorrect assembly or operation by the customer or third parties, normal wear and tear, damage as a result of erroneous or negligent treatment, improper maintenance, the use of incorrect operating materials, improper storage or any other circumstances for which the customer or third parties are responsible.
SECTION 8 | EXPIRY OF CLAIMS
All claims on the part of the customer will expire 3 months after the date on which risk is transferred. The statutory periods shall apply for willful or fraudulent conduct as well as for claims under product liability legislation.
SECTION 9 | LIABILITY
In the absence of any provisions to the contrary herein, all liability shall be excluded regardless of its reason. We shall not be liable for damage not exhibited by the delivered goods themselves. In particular, we shall not be liable for lost profit or other financial loss sustained by the customer.
SECTION 10 | EXCHANGE POLICY
Products that are not sold from our Site are not available for exchange. Products that are sold from AF Hydro can be exchanged for other items within 7 days after the date on which risk is transferred. No refund of unused credits if exchanged items are of lesser value than the original invoice. Products brought back for exchange must be in an unused condition and subject to our inspection.
SECTION 11 | MISCELLANEOUS
The place of performance is the Republic of Singapore. The Republic of Singapore is also the exclusive venue for all disputes arising from the business relationship. However, we may commence proceedings before the courts of law holding jurisdiction for the buyer's/ customer's domicile. The law of Singapore applies exclusively to our relations with the customer. Should one or more of the above clauses be inoperative, this shall not affect the operative effect of the other provisions.