General Terms and Conditions of Sale

These General Terms and Conditions of Sale (“GTC”) applies to all orders for the products and/or services made available by Phoon Huat Pte Limited and its subsidiaries or related companies, including any of their respective successors or assigns (collectively, "PHPL”) through www.redmanshop.com (the “Website”). Please read these GTC, the Website Terms of Use and Privacy and Data Protection Policy carefully as when you place an order through the Website, you are deemed to have read, acknowledged and agreed to comply with these GTC, the Website Terms of Use and Privacy and Data Protection Policy.

PHPL reserves the right to change these GTC with or without notice so please check back frequently. Any changes to this policy will be posted on and can be viewed at the Website.

 

1. Product Information

1.1 PHPL seeks to ensure that all pictures and details of the products and/or services on the Website, including details relating to sizes, weights, capacities, dimensions, and measurement, are accurate, although you acknowledge and agree that these are for illustration purposes only. PHPL reserves the right to vary any such details and the actual products and/or services received by you may differ from the details contained on the Website.

1.2 You acknowledge that the Website does not check for availability of products. In the event that that a product is unavailable, PHPL reserves the right to cancel your order without incurring any liability to you.

 

2. Order Process

2.1 Each order for the products and/or services made available on the Website constitutes an offer by you to purchase the same from PHPL. It is your sole responsibility to ensure that all information contained in any order made by you is accurate and compete. 

2.2 Upon the receipt of an order, PHPL will send you an email or such other document confirming your order (the “Confirmation Email”). This Confirmation Email indicates PHPL’s acceptance of your order. Note, however, that notwithstanding the Confirmation Email, PHPL reserves the right, at its sole discretion, to cancel, amend or reject an order where the product and/or services is no longer available, is inaccurately priced or where payment for such order has not been received to the satisfaction of PHPL.

2.3 Where PHPL has received payment for the products and/or services, but subsequently cancels, amends or rejects the order, PHPL shall repay any such amounts received by you for the products that have been cancelled, amended or rejected by PHPL.

 

3. Cancellation or Variation of Order by You

In the event that you vary, cancel or amend an order after the receipt of the Confirmation Email, an administrative fee of S$20 may be applicable. For the avoidance of doubt, this administrative fee shall not apply where you have not received the Confirmation Email or where PHPL notifies you of the same.

 

4. Price and Payment

4.1 You acknowledge and agree that the price of the products and/or services shall be as stated on the Website at the time an order is made. Note, however, that there may be instances where the price stated on the Website is erroneous. In this case, PHPL shall notify you of the accurate price via the email address provided by you or through the PHPL mobile application and you have the option to remove the inaccurately priced products and/or services or proceeding with the order using the accurate price, as notified to you by PHPL.

4.2 Without prejudice to Clause 4.1 above, you acknowledge and agree that where a pricing error is obvious and unmistakable, and could have been reasonably recognised, PHPL reserves the right not to sell the products and/or services at the erroneous price without incurring any liability to you.

4.3 All prices provided on the Website are in Singapore Dollars (“S$”).

4.4 All prices provided on the Site are inclusive of Goods and Services Tax which shall be borne by you.

4.5 You shall pay for the products and/or services at the time an order is made. Payment shall be made by way of debit/credit card, or such other methods made available on the Website or through the PHPL mobile application.

4.6 Unless full payment for the Products has been received, PHPL reserves the right to not provide the products and/or services to you.

4.7 Without prejudice to any of the above, you acknowledge and agree that there may be instances where there is a discrepancy between the amount paid by you and the final amount invoiced at the time of delivery or collection as a result of the products and/or service being unavailable, variation in sizes of products, or variation of order. In the case of such discrepancies, either the PHPL or you shall make payment to the other party, depending on whether the final invoice reflects a higher or lower amount respectively.

 

5. Home Delivery

The provisions of this Clause 5 shall only be applicable if you choose to have the products delivered to your nominated address in mainland Singapore or Sentosa.

5.1 Delivery shall only be available to you if the total value of your order exceeds S$40.

5.2 PHPL will use its reasonable endeavours to deliver the products within the date and time frame selected by you. You, nevertheless, acknowledge that any date and time given for deliveries are approximates only and PHPL shall not be liable for any delays in delivery. PHPL may, but shall not be obliged to, notify you in the event of any delay in delivery which is reasonably foreseeable by PHPL.

5.3 You acknowledge and agree that deliveries will only be made to addresses located on mainland Singapore or Sentosa and are, at all times, subject to availability. For information only, PHPL’s designated delivery hours are 1000 to 2000 from Monday to Saturday (excluding public holidays).

5.4 The charges for delivery, which shall be made at the time of ordering the products, shall be as follows:

  1. S$10, if the total value of the products is between S$40 to S$80; or

  2. S$0, if the total value of the products exceeds S$80.

5.5 It is your responsibility to ensure that there is someone to receive the products on your selected date and time, and such person shall be in possession of the Collection Email to be able to successfully receive the delivery. If there is no one to receive the order, PHPL will leave a message at your door asking that you contact PHPL within one (1) working day, to either collect the products from a premise of PHPL or to reschedule delivery. If you fail to make arrangements to collect the order at such rescheduled delivery date, an administrative fee of $10 (regardless of value of products) shall be applicable for any further rescheduling.

5.6 Your delivery shall be marked as “Completed” on the Website or the PHPL mobile application on the date that your products were delivered to your nominated address.

5.7 For the avoidance of doubt, where you do not contact PHPL within one (1) working day (as stated in Clause 5.5. above), PHPL reserves the right to dispose of all perishable goods contained in your order without incurring any liability to you.

 

6. Self Collection in Store

The provisions of this Clause 6 shall only be applicable if you choose to have collect the products from one of PHPL’s premises.

6.1 You shall collect the products from the premises of PHPL stated in the Confirmation Email. Such collection shall be within the time set out in the Confirmation Email which shall be the relevant opening hours of PHPL’s premises stated in the Confirmation Email. You acknowledge and agree that the premise notified in the Confirmation Email may be different from that selected by you when making the order, and it is your sole responsibility to ensure that you collect the products from the correct premise.

6.2 To be able to successfully collect the product, you must bring along the Confirmation Email. PHPL may also request for an identity document to confirm the person collecting the Products. For the avoidance of doubt, PHPL reserves the right not to release the products if the documents requested are not provided.

6.3 The charges for collection, which shall be paid at the time of order is as follows:

  1. S$5 if the total value of the order is between S$0 to S$20; and

  2. S$0 if the total value of the order exceeds S$20.

6.4 It is your responsibility to ensure that you collect the products within the collection time stipulated in the Confirmation Email, as failure to do may result in PHPL disposing of all perishable goods contained in the order.

 

7. Click & Collect (RedMan Express)

The provisions of this Clause 7 shall only be applicable if you choose to REDMAN EXPRESS, PHPL’s exclusive same day collection in store.

7.1 You shall collect the products from the premises of PHPL stated in the Confirmation Email. Such collection shall be within the time set out in the Confirmation Email which shall be the relevant opening hours of PHPL’s premises stated in the Confirmation Email. PHPL will use its reasonable endeavours to ensure that the products selected by you are available at the premise chosen by you, but you acknowledge and agree that the premise notified in the Confirmation Email differ in certain circumstances. It is your responsibility to check the Confirmation Email before proceeding to the premise to collect your order.

7.2 To be able to successfully collect the product, you must bring along the Confirmation Email. PHPL may also request for an identity document to confirm the person collecting the Products. For the avoidance of doubt, PHPL reserves the right not to release the products if the documents requested are not provided.

7.3 The charges for collection, which shall be paid at the time of order is as follows:

  1. S$5 if the total value of the order is between S$0 to S$20; and
  2. S$0 if the total value of the order exceeds S$20.

7.4 It is your responsibility to ensure that you collect the products within the collection time stipulated in the Confirmation Email, as failure to do may result in PHPL disposing of all perishable goods contained in the order.

 

8. Inspection

8.1 It is your responsibility to inspect the products at the point of collection or delivery, as the case may be.

8.2 If you discover any defect in the quantity or quality of the products, you shall notify the staff of PHPL at the store or the individual delivering the products, as the case may be. Note that failure to do so may mean that you have accepted the products unconditionally and PHPL shall have no liability to you in respect of any defect(s) in the products.

8.3 If, however, a defect is discovered and you notify PHPL within twenty-four (24) hours of your receiving the products, you may be eligible for an exchange (see Clause 9 below). You acknowledge and agree that any such exchange shall be your sole remedy against PHPL in respect of any defective products.

 

9. Exchange

9.1 Where a product is found to be defective and you have notified PHPL of the defect or you are unsatisfied with any product that you have purchased from the Website, you can exchange the product for a similarly priced product within seven (7) days of the date of collection or delivery (as the case may be), save that:

  1. there shall be no exchange if it is a promotional product or the product was provided free of charge;
  2. there shall be no exchange for any products that have not been stored in accordance with the instruction as stated in the specifications, labels or packaging; or
  3. there shall be no exchange for any chilled and frozen products once such products have left PHPL’s premises

9.2 To be eligible for any refund or exchange, you must provide the Confirmation Email or the relevant invoice. PHPL reserves the right to no provide any refund or exchange in the absence of any documentary evidence indicating the date on which the products were delivered or collected by you, as the case may be.

 

10. Risk & Title

10.1 Prior to the PHPL receiving full payment for the Products, title to the Products shall remain at all times with PHPL. Without prejudice to the foregoing, title will only pass to you upon the latter of you collecting or taking delivery of the products (as the case may be), or you making full payment for the Products.

10.2 Risk to the products shall pass to you upon the you collecting or taking delivery of the Products (as the case may be).

 

11. Your Undertaking

11.1 You acknowledge and agree that:

  1. you shall store the products in accordance with the instructions as to storage contained in the specifications relating to the products or contained on the packaging or labels of the products; and
  2. where products are supplied with a "best before" or “use by” date, you shall not consume the products where the "best before" or “use by” date has expired or use the products with other goods that have passed the "best before" or “use by” date.

11.2 You further acknowledge and agree that you will not consume or use any product(s) which you reasonably suspect is not fit for consumption.

 

12. Baking Class

The provisions of this Clause 12 shall only be applicable if you have registered to attend a baking class via the Website.

12.1 All classes are subject to availability as stated on the Website.

12.2 Once you have registered for a class and made payment in full to the satisfaction of PHPL, you shall receive an email from PHPL confirming your registration and the date and time of your class (the “Class Confirmation”). This Class Confirmation is proof of your registration and you shall bring this Class Confirmation (together with proof of identity) on the day on which your class is to be held.

12.3 If you need to change the date of your class, please contact PHPL’s customer services. Note that any change will be subject to class availability.

12.4 In the event that you are unable to attend the class as stated in Class Confirmation due to medical reasons (as certified by a medical certificate issued by a doctor registered under the Medical Registrations Act), you shall notify PHPL as soon as possible. PHPL will seek to arrange a substitute class for you and where PHPL is unable to do so, it shall refund in full the class fees paid by you. Save as otherwise set out above, any refund due to cancellation of class by you shall be at the sole discretion of PHPL.

12.5 While PHPL endeavours to provide accurate class times on the Website, there may be instances where a class has to be cancelled. In such instances, PHPL will notify as early as possible of the cancellation, and you shall be eligible for either a full refund of the amounts paid by you or attend a substitute class (subject to availability). This shall be your sole remedy against PHPL in the event of any class cancellation.

 

13. Loyalty Points

13.1 You are to participate in PHPL’s loyalty scheme where you may be awarded loyalty points by PHPL. The calculation of loyalty points shall be done at the sole discretion of PHPL.

13.2 Loyalty points, if any, will be credited into your account within seven (7) days of an order. The loyalty points can be exchanged for PHPL’s vouchers, free delivery or other benefits as notified by PHPL from time to time. For the avoidance of doubt, the loyalty points are not exchangeable for cash.

13.3 All loyalty points awarded shall expire within twelve months from the month on which they are credited. For illustration, if your loyalty points were awarded on 7 January 2018, they will expire on 31 January 2019 (and not 6 January 2019). It is your sole responsibility to monitor the expiry of your loyalty points.

 

14. Promotional Code & E-Vouchers

14.1 You may, from to time, be provided with promotional codes or e-vouchers, whether through the Website, the PHPL mobile application or otherwise. Note that such promotional codes or e-vouchers are provided at the sole discretion of PHPL and you shall not have any legitimate expectation of the same.

14.2 It is your sole responsibility to check the terms and conditions application to such promotional codes or e-vouchers, as well as the expiry date applicable to them. These promotional codes or e-vouchers shall not longer be valid once the expiry date has passed. 

14.3 Note also that any promotional codes or e-vouchers are not exchangeable for cash in any circumstances.

 

15. Limitation of Liability

15.1 PHPL warrants that the products and/or services will, where applicable, comply with all legislation or regulations governing the manufacture, packing and supply of food products in Singapore, including the Sale of Food Act, Wholesome Meat and Fish Act and Food Regulations, as well as any other applicable legislation. 

15.2 Save as other provided in these GTC, PHPL gives no other condition, warranty or undertaking and makes no representation to you about the suitability or fitness of the products and/or services for your purposes. In addition, PHPL expressly disclaims all implied warranties of merchantability, sufficiency, quality and fitness for a particular purpose.

15.3 Where PHPL’s liability is not excluded under these GTC or under any applicable law, PHPL’s total liability for direct damages to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with the products and/or services shall be up to a maximum aggregate amount of the amount actually received by PHPL from you for the products and/or services which are the subject of any claim.

15.4 For the avoidance of doubt, PHPL shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the products and/or services.

15.5 PHPL shall not be liable to you if, and to the extent that, any failure on the part of you results, whether directly or indirectly, from you failing to perform any of its obligations under these GTC or you failing to comply with any of these GTC, or where you have failed to comply with the instructions as to storage contained in the specifications relating to the products or contained on the packaging or labels of the products.

15.6 Without prejudice to any of the foregoing, PHPL shall not be liable to you by reason of any delay in performing, or any failure to perform its obligations in relation to the products and/or if the delay or failure was due to anything outside the reasonable control of the PHPL (other than in respect of payment obligations), including acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage or failure, server crashes, severance of the Internet submarine transmission cable under the sea that prevents or impedes the transmission of data, actual or reasonably anticipated acts or threats of terrorism (including internet terrorism), deletion, corruption, loss or removal of data, failure by the PHPL’s suppliers to supply relevant materials punctually, transportation embargo, failure or delay in transportation, including without limitation where the PHPL ceases to be able to carry out the manufacture or the sale of the Products for whatever reason, or any act or omission (including laws, regulations, disapproval’s or failures to approve) of any government or government agency.

16. Indemnity

You agree to indemnify, keep indemnified and hold harmless PHPL from and against all costs (including the costs of enforcement), expenses, liabilities (including any tax liability), injuries, direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss), damages, claims, demands, proceedings or legal costs (on a full indemnity basis) and judgments which PHPL incurs or suffers as a consequence of a direct or indirect breach or negligent performance or failure or delay by the you of these.

 

17. Intellectual Property Rights

17.1 You acknowledge and agree that all Intellectual Property Rights to the products and/or services shall be held by PHPL, its licensors, or suppliers.

17.2 You shall not use or sell the products and/or services in a manner so as to infringe the Intellectual Property Rights of PHPL, its licensors, or its suppliers. In particular, you shall not disclose, use, reproduce, make copies, modify, distribute, sell, assign, commercially rent, sub-licence, decompile, reverse engineer, input, compile or otherwise transfer any of the Intellectual Property Rights in the products and/or services (including but not limited to text, graphics, compilations, trade marks, or trade description) to any third party.

17.3 You also agree that you shall not shall not alter, obscure, conceal, remove or otherwise interfere with any labelling or markings or packaging on the products.

17.4 For the purposes of this clause, “Intellectual Property Rights” means all vested, contingent and future intellectual property rights including but not limited to goodwill, reputation, rights in confidential information, copyright, trade marks, logos, service marks, devices, plans, models, diagrams, engineering drawings, technical information, data, specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights, in each case whether registered or unregistered, and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world, whether now known or in the future created.

 

18. Personal Data Protection

PHPL shall comply with the Personal Data Protection Act 2012. You acknowledge and agree that you have read and agrees to the PHPL’s Privacy and Data Protection Policy which can be found here.

 

19. Governing Law & Dispute Resolution

These GTC shall be subject to and construed in accordance with the laws of the Republic of Singapore and the parties hereby submit to the exclusive jurisdiction of the Singapore courts.

 

20. Notices

PHPL may give notice to you by email, conventional mail or on the Website.

 

21. General

21.1 If any of the provisions of these GTC becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

21.2 PHPL has the right to assign or transfer all or part of its rights, benefits and/or obligations under these GTC. In addition, PHPL has the right to enter into any sub-contract for the performance of any of its obligations under these GTC without prior consent from you.