Buyer Terms of Sale

These Buyer Terms of Sale (this “Buyer TOS”) form a binding agreement between Aftershock PC Pte. Ltd. and you (“User”, “you” or “yours”) and governs your order and purchase of Products (as defined below) on our Platform and through our Services (as defined in the Platform Terms of Use accessible at https://thetechyard.com/pages/terms-of-use (“Agreement”)).

Please read this Buyer TOS carefully before purchasing any Products on our Platform. This Buyer TOS forms part of the Agreement between you and us. If you do not agree with any terms of this Buyer TOS, please do not access or use our Platform and/or Services to order or purchase any Products.

 

Revision

We reserve the right to revise this Buyer TOS from time to time. We will use commercially reasonable methods to notify you of such revisions, such as by . Your continued access to or use of the Platform and/or Services after such notice had been given and such revised Buyer TOS had come into effect shall constitute your acceptance of the revised Buyer TOS.

 

  1. DEFINITIONS
  • In this Buyer TOS, the following words and expressions shall have the meanings respectively assigned to them hereunder:

“Aftershock” means Aftershock PC Pte. Ltd.

“Buyer Contract” has the meaning given to it in Clause 2.5.

“Check-out Page” has the meaning given to it in Clause 3.1.

“Damages” means all direct and indirect liabilities, losses (including loss of profits, sales, business, revenue, business opportunity, goodwill, anticipated savings, reputation, or any other consequential losses), damages (including incidental, exemplary, special, punitive, and multiple damages or any other indirect damages), costs and expenses, fines and penalties, fees on a full indemnity basis and disbursements and costs of investigation, litigation, settlement, judgment and interest regardless of whether based upon warranty, contract, tort, statute, strict liability or otherwise.

“Information Page” has the meaning given to it in Clause 2.1.

“Merchant” means Aftershock or any other vendor or seller, which, with our permission, uses the Platform and/or Services to sell Products. For the purpose of Clause

“Merchant Terms” has the meaning given to it in Clause 2.2(c).

“Order” has the meaning given to it in Clause 2.3.

“Order Acknowledgement Notice” has the meaning given to it in Clause 2.4(d).

“Payment Method” has the meaning given to it in Clause 3.3.

“Payment Service Provider” has the meaning given to it in Clause 3.4(a).

“Products” means the products offered by Merchants which may be purchased by a User through the Platform and/or Services. For the purpose of

  • Any capitalised term not defined herein shall have the meaning ascribed to them in the Agreement.

 

  1. PURCHASE OF PRODUCTS
  • We may display and make available for purchase Products on the Platform as part of the Services. The information page (“Information Page”) relating to a Product will specify the relevant Merchant selling the Product.
  • In this regard, you acknowledge and agree that:
  • We may, but shall have no obligation to, monitor and review the Products on the Platform, make no representations or warranties to you in respect of any Products, and expressly disclaim all representations or warranties of any kind, whether express, implied or statutory, including but not limited to accuracy, completeness, reliability, validity, currency, non-infringement, or satisfactory quality, or that the Products will be error-free or defect-free, are merchantable, or fit for any particular purpose;
  • Each Merchant is an independent natural person or organisation separate and distinct from us. Unless separately informed to you in writing, there is no agency, partnership, joint venture, employee-employer, contractor, principal-agent, or franchisor-franchisee relationship between any Merchant and us. Merchants are not authorized to make any representation, warranties, contract, commitment, or any action on behalf of us;
  • A Merchant may impose its own terms and conditions on you, require you to enter into separate agreements through processes independent of the Platform and Service, or require your purchase to be made pursuant to existing contractual terms between you and such Merchant (“Merchant Terms”) as a condition for your purchase and/or use of such Products. We have no control over and shall have no obligation to review such Merchant Terms, and shall under no circumstances be a party to any agreement or arrangement between you and any Merchant. We shall not be responsible for ensuring that the Merchant will comply with the Merchant Terms or perform any agreement made with you, or that any agreement or arrangement between you and any Merchant will comply with applicable Laws;
  • Your use of any Product, and/or entry into any agreement or arrangement between you and any Merchant shall be entirely at your own risk. We shall not be deemed to endorse any Merchant or Products, notwithstanding that such Merchant or Products may be featured on the Platform; and
  • We shall not be liable to you, and you shall release us from any liabilities, losses or Damages that may be incurred or suffered by you as a result of your use of any Products, and/or any agreement or arrangement between you and any Merchant.
  • You may place an order for a Product using the Platform (“Order”).
  • By making an Order for a Product, you acknowledge and agree that:
  • you are aware of the relevant Merchant that is offering to sell you the Product; 
  • you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the relevant Merchant which has not been stated expressly on the Information Page or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by the relevant Merchant;
  • the Order is irrevocable and unconditional upon transmission through the Platform and we are entitled but not obliged to accept your Order without your further consent; and
  • unless you receive a notice (“Order Acknowledgement Notice”) from us that your Order has been accepted, no legally binding agreement regarding the sale of the Product in question exists between you and either us or the relevant Merchant.
  • When we send an Order Acknowledgement Notice to you, it means that a contract (“Buyer Contract”) between you and us has been formed.

 

  1. PAYMENT OF PURCHASE PRICE AND DELIVERY COST
  • The purchase price for a Product will be as set out in the Information Page, and the delivery cost will be as set out in the check-out page (“Check-out Page”).
  • You shall make payment using any of the payment methods available on the Platform and/or Services (“Payment Methods”).
  • In this regard, you acknowledge and agree that:
  • While we may make available one or more Payment Methods on the Platform, we do not operate or provide any payment services. The payment services behind each of the respective Payment Methods are provided to you by the relevant service providers (“Payment Service Providers”), and your use of such payment services may be subject to you entering into separate agreements or arrangements with such Payment Service Providers, which we are not a party to. We shall not be liable for, and you shall release us from, any obligations or liabilities that may be owed by you to your bank, debit or credit card company, or Payment Service Provider under any agreement or arrangement between you and such Payment Service Provider;
  • We do not provide you with the service of accepting money for the purpose of executing or arranging for the execution of a payment transaction;
  • We do not provide any online payment gateway or related services and such services are provided by third parties; and
  • We do not, and do not purport to, operate a payment service regulated under the Payment Services Act 2019. Consequently, we owe no duties and do not purport to owe any such duties (whether contractual or otherwise) to you in relation to the receipt of such money. You acknowledge that we are not licensed, approved or registered under the Payment Services Act 2019 and you may not be afforded the relevant protections set out in the Payment Services Act 2019 and related subsidiary legislation, regulations, circulars, notices, directions and guidelines.
  • All payments shall be made in the currency as indicated within the Platform.
  • You shall be responsible for all taxes and transaction charges associated with your payments.
  • If you fail to make any payment pursuant to the terms and conditions of the elected Payment Methods or payment is cancelled for any reason whatsoever, we shall be entitled to cancel or suspend delivery of the Products until payment is made in full.

 

  1. DELIVERY OF PRODUCTS
  • All deliveries of Products shall be made using the delivery methods available on the Platform and/or Services (“Delivery Methods”).
  • Delivery of your Product will be made to the delivery address provided by you in the Check-out Page and the time of delivery will depend on the chosen Delivery Method. You are solely responsible for providing an accurate, current and complete delivery address when you place an Order.
  • You acknowledge and agree that:
  • While we may make available one or more Delivery Methods on the Platform and may collect and process your personal data for the purpose of facilitating delivery services, we do not operate or provide any delivery services. The delivery services behind each of the Delivery Methods are provided to you by the relevant service providers (“Delivery Service Providers”), and your use of such delivery services may be subject to you entering into separate agreements or arrangements with such Delivery Service Providers, which we are not a party to. We shall not be liable for, and you shall release us from, any obligations or liabilities that may be owed by you and the Delivery Service Provider under any agreement or arrangement between you and such Delivery Service Provider; and
  • We shall not be liable for any Damages for any failure, delay or error in connection with your chosen Delivery Method.

 

  1. WARRANTIES
  • While we may facilitate the repair and replacement of Products, all requests for repair and replacement of Products shall be in accordance with the terms of the warranty policy provided by the relevant Merchant. You are encouraged to communicate with the relevant Merchant directly to understand more about the warranty policy applicable to the Product.

 

  1. CANCELLATION, RETURN AND REFUND
  • You may initiate a request to return any Product purchased on the Platform by informing us through the Platform or at support@thetechyard.com. While we may facilitate the return of Products, all requests for return of Products shall be in accordance with the terms of the return policy provided by the relevant Merchant. You are encouraged to communicate with the relevant Merchant directly to understand more about the return policy applicable to the Product. 
  • Notwithstanding anything in this Buyer TOS, you may cancel any Buyer Contract before we dispatch the Product under such Buyer Contract. Please inform us through the Platform or at support@thetechyard.com
 
  1. RISK AND TITLE OF PRODUCTS
  • Risk of damage to or loss of any Product shall pass to you when the Product has been delivered to you in accordance with Section 4.
  • Notwithstanding delivery and the passing of risk in the Products to you, the property in the Product shall not pass to you until we have cleared funds payment in full of the purchase price of the Product agreed to be sold by us to you for which the payment is then due.
  • Before the property in the Product pass to you, you shall hold the Product as our fiduciary agent and bailee and shall keep the Product separate from your other property. 
  • You agree that you shall immediately notify us of any matter from time to time affecting our title to the property in the Product and you shall provide us with any information relating to the Product as we may require from time to time.
  • Before the property in the Product passes to you, we shall be entitled at any time to demand you to deliver up the Product to us. In the event of non-compliance, we reserve our right to take legal action against you for the delivery of the Product and compensation for Damages suffered.
  • You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any Product which remains our property. In the event of non-compliance, all moneys owing by you to us shall (without prejudice to any other right or remedy of us) forthwith become due and payable.
  • If the clauses in this Section 7 are not effective according to the law of the country in which the property is located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this Section 7, and you shall take all steps necessary to give effect to the same.
  • You shall indemnify us against all Damages suffered by us in connection with the assertion and enforcement of our rights under this Section 7.

 

  1. LIMITATION OF LIABILITY
  • The remedies set out in Sections 5 and 6 are your only remedies for non-conformity of or defects in the Products.
  • Notwithstanding anything in the Agreement and this Buyer TOC, our maximum cumulative liability to you or to any other party for Damages arising out of or relating to the sale of Products under any Buyer Contract, will not exceed the sum that you have paid to us under such Buyer Contract.

 

  1. DISPUTES WITH A MERCHANT
  • If you are in dispute with a Merchant, you are encouraged to contact that Merchant to resolve the dispute amicably.
  • If you notify us of the dispute, we will attempt to facilitate resolution of the dispute but is under no obligation to resolve the same. You agree to release us and to indemnify and hold us harmless from and against any Damages arising out of or in connection with your dispute with any Merchant.

 

[End of Document]

Last Updated Date: OCT 2023