1.1 These Terms & Conditions govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these Terms & Conditions.
1.2 In this site:
a) “Account” means the account that you register for on the website;
b) “Acknowledgement” means our acknowledgement of your order by email;
c) “Breach of Duty” has the meaning given to it in clause 9.11(b);
d) “Working day” means a day which is neither a Saturday nor Sunday, nor a public holiday in Singapore;
e) “Confirmation of order” means our email to you, in which we accept your order in accordance with clause 3.9;
f) “Contract” means your order of product(s) which we accept in accordance with clause 3.9 below;
g) “Customer” means individual who places an order on the website;
h) “Liability” has the meaning given to it in clause 9.11(a);
i) “Order” means the order submitted by you to the website to purchase Product(s);
j) “You” means the Customer who places an order;
k) References to “clauses” are clauses of these Terms & Conditions;
m) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
n) References to “includes” or like words or expressions shall mean without limitation.
1.3 These Terms & Conditions are our copyrighted intellectual property. Used by third parties – even extracts for the commercial purposes of offering goods and/or services – is not permitted. Infringements may be subject to legal action.
2.1 These Terms & Conditions shall apply to all contracts made or to be made by us for the sale of products. Nothing stated here affects your statutory rights.
2.2 These Terms & Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
2.3 No other terms or changes shall be binding unless agreed in writing signed by us.
How a contract is formed
3.1 When making an Order, you must register for an account on the website as detailed in clause 9, and follow the instructions on the website on how to make an order and for making changes to your order before submitting it.
3.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the site, all charges are in SGD. Subject to clause 3.11 below, this is the total that you will pay for receipt of the ordered product.
3.3 You shall pay for the product in full at the time of ordering by supplying us with your credit/debit card details that are acceptable to us or by HitPay, which we require in order to process your order.
3.4 If you are asked for details of a payment card, you must be fully entitled to use that card. The card must have sufficient funds to cover the payment.
3.5 You undertake that all details provided to us for the purpose of purchasing the Product, are correct. We reserve the right to obtain validation of your payment details before providing you with the product.
3.6 You are responsible for reviewing the latest Terms & Conditions each time you submit your order.
3.7 Your order remains valid as an offer until we issue our confirmation of order
3.8 We shall not be obliged to supply the product to you until we have accepted your order. Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies.
3.9 A Contract shall be formed and we shall be legally bound to supply the product to you. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Confirmation of Order” (email confirmation). It shall be deemed to come into effect when it has been dispatched by us. Until the time when we accept your Order, we reserve the right to refuse to process your Order and we will refund any payment made by you.
3.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at +65 9220 1177 immediately. However, we cannot guarantee that we will be able to amend your Order.
3.11 We try to ensure that the price given to you is accurate. If the price for the Order changes before we accept your Order, we will contact you and seek confirmation that you wish to proceed at the amended price only during working days and hours.
3.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We are not obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
3.13 You must only submit to us information which is accurate and not misleading and you must keep it up to date and inform us of changes.
4.1 Richstar Durian reserves the right to cancel any order by giving advance notice. A full refund will be provided in such cases. Please be assured that in any unfortunate cancellations, the decision will only be made in the interest of our customers.
Cancellation by Customer (Non-Faulty Product)
5.1 Due to the perishable nature of our products, once order has been made, no cancellation is allowed. Cancellation might result in 100% of the order being charged.
5.2 Substitution might be made to ensure that your order reaches on time and in good conditions. While not normally practiced, due to extreme circumstances of i.e. fruit damage during delivery, we will substitute an element of similar or greater value.
5.3 Items sold are not exchangeable nor refundable.
6.1 Attached with photos(s) of any seed that is found to have unsatisfactory conditions such as unripe/bad for the purpose of verification to qualify for seed for seed exchange policy within 48 hours of delivery timeframe. Do send the photos with your order number and indicate the issue to our email firstname.lastname@example.org or whatsapp us. We will be more than glad to replace the bad durian with our 1-1exchange policy.
6.2 We seek your understanding that this exchange policy is not inclusive of non acceptance based on individual preference over taste profile (level of sweetness/bitterness) , texture (moist/dry) or size of seed in particular of the cultivar. We seek for our customer’s understanding that durian is after all a fruit of nature and can be uniquely in each different seed even within the same fruit . On our part , we will strive our best to provide seed of acceptable standard (termed as 包吃) with high consistency. We will appreciate our customer’s understanding and fair judgement in this good relationship
7.1 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
7.2 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
7.3 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
Limitation of Liability
8.1 This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.
Guarantee and complaints management
9.1 We shall perform our obligations under these Terms & Conditions with reasonable care.
9.2 We place great value on customer satisfaction. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
9.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and send us copies of the Order or at least the order number via email. If you do not receive a confirmation from us within 5 Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters and may not reach us, or the correspondence that we sent to you may otherwise not have reached you.
Circumstances beyond our control
10.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control.
10.2 Either party may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of three Business Days or more, in which event neither party shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
10.3 If we have contracted to provide identical Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
10.4 We are not liable for any damages arising from the use or inability to use our products and website.
11.1 Any notice under a Contract shall be in writing via email addressed to the relevant party at the email address of the relevant party last known to the other.
11.2 Any notice given by post shall be deemed to have been served three Business Days. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
Advertising on the Site
12.1 We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
13.1 We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order.
13.2 No failure or delay by us or you in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
13.3 If any clause here or a Contract was declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
13.4 Nothing in here or a Contract shall be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
13.5 These Terms & Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Singapore Law. Both parties hereby submit to the non-exclusive jurisdiction of the Courts of Singapore.
Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms & Conditions at any time. All amendments will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
15.1 We attempt to be as accurate as possible when describing our products on https://richstardurian.com.sg/; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on https://richstardurian.com.sg/ are accurate, complete, reliable, current, or error-free. Additional information provided on this site is for educational and informational purposes only. Rich Star Durian Singapore does not take responsibility for any consequence relating directly or indirectly to any information, recommendations, treatment, procedure, action or application of medicine by any person using the present site. The information contained here is offered without any warranty and it is not liable for its accuracy, mistakes, or for any damage caused by the user’s reliance on information obtained from https://richstardurian.com.sg/.
15.2 From time to time, information on the website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after your order submission).
Delivery & Local Pick Up
16.1 Minimum order of $60 is required for Durian Delivery Services.
16.2 Free delivery for orders above $100.
16.3 Orders below $100 will be charged a flat delivery fee of $15 for any location in Singapore, except Tuas, Jurong Islands and Sentosa.
16.4 Richstar Durian offers pick up service during our operating hours. Daily from 10am to 10pm. No delivery charges will be applied to pick up orders.