TERMS AND CONDITIONS OF SALE

  1. GENERAL
    1. These Terms and Conditions of Sale (“Terms of Sale” or “TOS”) govern the purchase of products on our website located at [www.shopmustafa.sg]or [mobile application (as applicable)] (“Website”), which is operated by Mohamed Mustafa & Samsuddin Co Pte Ltd and [its subsidiaries, associates, and affiliates] (hereinafter, referred to as “Mustafa”, ”we”, “us”, and “our”). In these TOS, “you”, “your”, and “user” refer to any person who purchases products on the Website.
    2. These TOS are in addition to our Website Terms of Use. Our Privacy Policy continues to apply. These TOS constitute a binding agreement between you and Mustafa and supersedes any prior oral or written agreements and other communications between you and Mustafa relating to the subject matter of these TOS.
    3. You acknowledge and agree that by placing an order or by making a purchase on the Website, you signify that you accept the prevailing TOS as at the date on which you place an order or make a purchase on the Website.
    4. We may revise these TOS at any time without prior notice to you. Your purchase of products indicates your acceptance of the revised TOS. In the event that you do not agree with these TOS or any amendments, updates, modifications or revision to these TOS, you should not make any purchase on the Website.
  2. ORDERS AND PURCHASE OF PRODUCTS
    1. When you place an order to purchase products on the Website, it shall be deemed to be an offer made by you to Mustafa to purchase the selected products and quantities for the price notified at the time you place your order, based on these TOS (“Order(s)”).
    2. All Orders are subject to Mustafa’s acceptance. When an Order is placed, an ensuing and immediate confirmation message will be displayed on the Website, followed by a confirmation email that will be sent automatically to you (“Receipt Email”). Such automatic confirmation message and/or Receipt Email merely serves to notify you that your Order is received and being processed, and does not constitute as an acceptance of your Order by Mustafa. Your Order is only accepted when you receive an email from Mustafa expressly confirming that the selected products in your Order will be dispatched, with the estimated and/or scheduled date of delivery (as applicable) ("Acceptance Email").
    3. All Orders are placed on the Website via the internet. As such, you acknowledge and agree that the Orders may be subject to limitations, delays, errors and other problems inherent in the use of the internet and electronic communications. You shall check the Receipt Email and the Acceptance Email for any errors and inform Mustafa immediately of any discrepancies. Mustafa shall not be responsible or held liable to you for any delays, delivery failures, loss or other damages resulting from or in connection with such limitations, delays, errors and other problems, including without limitation, errors in the Receipt Email and Acceptance Email.
      4. Stock availability
    4. All Orders made are subject to stock availability. Mustafa reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability and compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Mustafa reserves the right to limit your Order or the quantity of a particular product you may order.
    5. In the event any products you have ordered is not contained in the Acceptance Email, this means that the products that you have selected is unavailable. We will notify you in the event the products you have selected in your Order becomes unavailable. Any payment already made for such unavailable products shall be reversed or refunded by Mustafa in accordance with Mustafa’s prevailing refund policy at such time.
  3. PRODUCT INFORMATION
    1. Unless expressly indicated otherwise, Mustafa is not the manufacturer of the products sold on the Website. All photographs, pictures and information used to illustrate and describe the products for sale on the Website are for information and/or illustration purposes only.
    2. While Mustafa works to ensure that product information and description on the Website is accurate and correct, Mustafa does not warrant that such description or information is accurate, current or free from error. Mustafa shall not be responsible for any claim that the products received do not identically match the product featured or displayed on the photographs and pictures on the Website.
    3. In the event that you receive a product that is of a fundamentally different nature from the product as described on the Website and which you have ordered, please refer to Clause 6 on your available recourse.
  4. PRICING & PAYMENT
      Pricing
    1. All product prices are shown in Singapore dollars and are inclusive of Goods and Services Tax. The prices of the products may change from time to time.
    2. The cost of delivery will be calculated and displayed upon checkout before you place your Order.
    3. Mustafa endeavours to provide you with accurate and up-to-date pricing and promotional information. However, Mustafa does not guarantee that the pricing information provided will be accurate, current, error-free, updated or complete. Mustafa shall not be liable for any errors in the pricing listed on the Website and the price to be paid by you shall be based on the prevailing selling price at the time Mustafa receives your Order, which may or may not be correctly reflected on the Website.
    4. If the actual price of any products ordered by you is higher than that reflected on the Website, Mustafa will inform you and you will be given an option to confirm or cancel your purchase of such product based on the correct price. By confirming the purchase, you authorise Mustafa to charge the additional amounts to you. If you elect to cancel the purchase, Mustafa will reverse or refund payment, if received, for such product in accordance with the prevailing refund policy at such time. If Mustafa is unable to contact you or has not received your confirmation by the specified date, Mustafa will treat your order in respect of the incorrectly priced product as cancelled.
    5. Where the actual price of any product is dependent on its weight (“Weighed Item”), Mustafa will provide an estimate of the price based on the indicated weight and the current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
      1. In the event of any shortfall in payment, Mustafa reserves the right to charge you for the additional amounts; and
      2. In the event of any overpayment, Mustafa will reverse or refund the excess amounts paid for such item in accordance with the prevailing refund policy at the time of delivery.
    6. It is your responsibility to review the details (including products selected, pricing and applicable fees) carefully before submitting an Order. When you place an Order, you agree to all amounts, delivery fee, service fee and other additional charges (if any) and the final ‘Total’ amount which is displayed at the checkout page. No amendment to or cancellation of an Order is permitted once the Acceptance Email has been sent.
      7. Payment
    7. When you place an Order, payment will only be charged upon Mustafa’s acceptance of your Order. Payment shall be made using the available payment methods prescribed by Mustafa and you agree that you are subject to the applicable user agreement of your payment method. You hereby indemnify Mustafa for any failure, disruption or error in connection with your chosen payment method and Mustafa reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you and for any reason whatsoever.
    8. Mustafa may use third party services to verify, secure and/or process your payment. The third party service provider may charge a fee for processing payments through the Website. Your payment information is not stored by Mustafa but may be stored by the payment service provider (as may be applicable), if you have selected the option of saving your payment information for future use during checkout.
    9. When you provide payment, banking or card information to Mustafa or to one of its payment service providers, you hereby represent and warrant that you are the authorized user of the card, PIN, key or bank account associated with that payment, and you authorize Mustafa to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable.
  5. DELIVERY
    1. Your Order shall be delivered to the address indicated on the Order by you. Mustafa may use third party delivery service providers to perform delivery of your Order. In this respect, you specifically authorise Mustafa to disclose your personal data to such third parties (and their sub-contractors) for delivery purposes.
    2. Mustafa’s delivery service is subject to availability of resources and Mustafa reserves the right to cancel, reject or reschedule any delivery request at Mustafa’s sole discretion. We will notify you in the event we are unable to fulfil delivery of your Order at your selected date and time or the date and time indicated in the Acceptance Email.
    3. The estimated delivery date and time frame indicated on the Acceptance Email are meant as indicative estimates only. While Mustafa endeavours to deliver your Order in a timely and expeditious manner, in the event of any bad weather, any unforeseen circumstances or any factors beyond our control, delivery of your Order may be temporarily unavailable or delayed. Mustafa shall not be bound by or liable for any inconvenience or loss occasioned to you as a result of delivery not taking place or for any late deliveries or deliveries made outside the selected delivery time frame.
    4. You can make a request to have Mustafa (or our delivery service provider) leave the product(s) at the front door or anywhere outside the delivery address. Such arrangement shall be at your sole risk, and you accept all liability and risk of loss, theft and damage. Mustafa shall not be liable for any consequential, indirect damage or loss, however arising, or any deterioration or change in quality or condition of the products or items ordered after its delivery. You agree that if your products were delivered in accordance with your delivery instructions as above, our compliance constitutes good delivery.
    5. In the event that Mustafa had tried to deliver your Order, but was unable to do so for any reason whatsoever, including but not limited to:
      1. being uncontactable at the number that was provided to Mustafa;
      2. no recipient present at the designated delivery address provided; and
      3. you did not indicate for Mustafa to leave the products at the front door or anywhere outside the delivery address,
      then such delivery shall constitute a failed delivery. You are required to provide a redelivery date within [2 days] from the original scheduled delivery date and a redelivery fee of [S$ ]shall be charged to you by Mustafa, failing which, Mustafa will proceed to cancel the Order and a cancellation fee of[S$ ]will be imposed. The balance Order amount (after deducting the cancellation fee) will be refunded through the same mode of payment. Redelivery of the Order is also subject to clauses 2.4 and 2.5 above.
    6. It is your sole responsibility to verify the good condition of your Order and their contents upon receiving the Order. In the event the products do not conform with your Order, please refer to Clause 6.
    7. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorised to receive the delivery.
  6. RETURNS & REFUNDS
      Missing, incorrect or defective products
    1. If the Order received is incorrect, selected products are not delivered, or where the products are damaged / defective, you must contact us [via the webform] within [72 hours] of delivery, with:
      1. details of your order, including the Order number;
      2. full description of the issue;
      3. disconformities and/or fault with the product delivered (with photographs where applicable); and
      4. any other information that Mustafa may require.
    2. Mustafa will review your feedback and at Mustafa’s sole discretion, may arrange for return of the products and offer a refund or replacement of the product accordingly.
      3. Change of mind
    3. In the event you wrongly purchased any products (other than defective products) that you wish to exchange or return, you must do so within [fourteen (14) days] from the date of purchase. Unless otherwise agreed between you and Mustafa, all returns and exchanges must be made only at:
      4. [Mustafa Centre, 189 Syed Alwi Rd Singapore 207721]
    4. Mustafa will only allow you to do an exchange or return if (a) the product is not used or expired; (b) the product is returned in the original box and/or packaging; (c) the product is in the original condition as at the time it was bought; and (d) proof of purchase is provided. Mustafa reserves the right to inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph.
    5. Any refunds to be made pursuant to paragraph 6.3 will be provided in cash and/or [via the original payment mechanism and to the person who made the original payment].
  7. PROMOTIONS & CAMPAIGNS
    1. Mustafa may from time to time, offer discounts or run promotions, contests, surveys, privileges, events and other programmes (“Promotions”). Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis, and shall be subject to additional terms and conditions as applicable to each of the Promotions, and are hereby incorporated by reference into these TOS.
    2. Where any gift is offered as part of a Promotion, the gift is offered on a “first come first serve” and “while stocks last” basis. No cash or credit will be offered in lieu of any gift.
    3. The use of credits, vouchers, coupons, or promotional codes (“Vouchers”) are subject to the following terms as well as any other specific terms applicable to the relevant Vouchers as listed on the Website or as otherwise notified to you:
      1. each Voucher is eligible for a single use only (unless otherwise specified) and is only valid for the time period specified by Mustafa;
      2. Vouchers may only be redeemed through our Website, and in accordance with our instructions;
      3. Vouchers may only be redeemed by purchasing certain products from the Service during the applicable validity period;
      4. Unless otherwise stated, Vouchers do not apply to infant / baby formulas and milk products;
      5. use of any Voucher must be indicated at the time of checkout, and all information required by us must be provided. No retroactive use of the Voucher is permitted;
      6. Vouchers cannot be used in conjunction with any other Promotions or Vouchers, unless otherwise stated;
      7. Vouchers cannot be refunded, redeemed or exchanged for cash;
      8. resale, transfer and sharing of Vouchers are strictly prohibited;
      9. no reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Vouchers is allowed;
      10. Vouchers are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used; and
      11. we reserve the right to verify the validity of any Voucher and to declare null and void and charge full price for items purchased, any Voucher that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.
    4. Where you are permitted to return any product to us for a refund and such product was originally purchased under a Promotion, with Vouchers or at a discount, you will only be refunded the amount that you originally paid for such product. Where the Promotion, Voucher or discount had applied to the entire Order, we will refund you the selling price of the returned products less the promotion or discount applied to the returned product on a pro-rata basis. Any promotional gift given with an Order must also be returned if you are returning the product(s) to which the gift related. If the total Order value is reduced below the value of the qualifying free delivery or any promotion qualification because of a returned item, we may charge the delivery fee and/or the full value of the Order without the Promotion, Voucher or discount.
    5. Mustafa reserves the right to modify, cancel or discontinue the Promotions and Vouchers at any time on the Website, without any notice to you.
  8. PERSONAL DATA
    1. When you place an order to purchase products on the Website, you acknowledge that personal data, including your name, delivery address, email address, contact number and payment information, will be collected used and/or disclosed by Mustafa. You hereby consent to Mustafa collecting, using, disclosing and/or processing your personal data that you have provided to Mustafa, in accordance with Mustafa’s Privacy Policy.
  9. LIMITATION OF LIABILITY
    1. To the fullest extent permitted by law, Mustafa excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of any product offered and/or supplied.
    2. In the event that we are found liable to you for any reason in relation to any Order, sale or delivery of any products under these TOS, our liability to you shall not, for any reason, exceed the price of the product giving rise to such claims. This limitation in clause 9.2 applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
  10. INDEMNITY
    1. To the fullest extent permitted under applicable law, you agree to indemnify us in respect of any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis) incurred by us or asserted against us in respect of:
      1. Any breach by you of any of these TOS;
      2. Any violation of the rights of any third party by you;
      3. Our reliance on information, data or records provided by you in connection with your purchase of any products on the Website;
      4. The occurrence of any event due to your act, omission, default, mistake, misconduct, dishonesty or fraud;
      5. Your violation of any applicable law.
  11. FORCE MAJEURE
    1. If Mustafa is unable to perform any of its obligations under these TOS due to an event arising from causes beyond the control of Mustafa, including but not limited to acts of God or public enemies, acts of civil or military authority, labour disputes, fires, riots, wars, or conditions of war, embargoes, accidents, epidemics, pandemics or outbreak of communicable disease, floods or other unusually severe weather, closing or obstruction of highways, bridges or ferries, any of which have a material, substantial and adverse effect on Mustafa’s ability to perform (“Force Majeure Event”), Mustafa shall be excused and suspended from whatever performance is impaired during the period such Force Majeure Event prevents, hinders or delays Mustafa’s performance of its obligations, without any liability to you.
  12. APPLICABLE LAWS
    1. These TOS are governed by the laws of Singapore, without reference to conflicts of laws rules.
    2. You submit to the exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to the purchase of products on the Website. Any claim you may have against us in connection with these TOS or your access and use of our Website must be commenced within one (1) year from the claim arising.