Terms & Conditions


1. AGREEMENT

1.1 An agreement will be made between Capital Distributors (S) Pte Ltd and the Customer for the purchase of the Product/s as specified in the Order if and when Capital Distributors (S) Pte Ltd issue an Order Confirmation to the Customer in respect of that Order. For the avoidance of doubt, Capital Distributors (S) Pte Ltd shall not be under any obligation to accept any Order; a binding contract results only when an Order Confirmation is issued by Capital Distributors (S) Pte Ltd to the Customer via email at the email address provided by the Customer in the Order.

1.2 An Agreement comprises the Order, the Order Confirmation, these Terms and Conditions and any Additional Terms as may be specified by Capital Distributors (S) Pte Ltd. These Terms and Conditions would apply to Product/s supplied by Capital Distributors (S) Pte Ltd and ordered from Capital Distributors (S) Pte Ltd’s website at www.kdk.sg  (the “Website”).

1.3 The Customer is advised to read these Terms and Conditions carefully before placing an Order. The Customer will be asked to accept these Terms and Conditions before placing the Order. By clicking the ‘Submit’ button, it is deemed that the Customer has read, understood and agreed to the terms provided in these Terms and Conditions. Capital Distributors (S) Pte Ltd reserves the right to change these Terms and Conditions without prior notice at any time, at Capital Distributors (S) Pte Ltd’s sole discretion.

1.4 If the Customer is an individual, the Customer must be at least 18 years old to place an Order from the Website. By accepting these Terms and Conditions, the Customer is representing and confirming that he/she is aged 18 years and above at the time the Order is placed.

 

2. DEFINITIONS

2.1 ‘Agreement’ means an agreement entered into between Capital Distributors (S) Pte Ltd and the Customer.

2.2 ‘Capital Distributors (S) Pte Ltd’ means Capital Distributors (S) Pte Ltd, a company incorporated in Singapore and having its registered address at 9 Tagore Lane, #02-31, 9@Tagore, Singapore 787472.

2.3 ‘Customer’ means the person or entity whose name and address appears on an Order as the purchaser of the Product/s.

2.4 ‘Price’ for the Product/s means the purchase price as specified in the Order Confirmation.

2.5 ‘Product/s’ means the Capital Distributors (S) Pte Ltd product/s referred to in an Order.

2.6 ‘Order’ means an order placed by the Customer to Capital Distributors (S) Pte Ltd for the purchase of the Product/s.

2.7 ‘Order Confirmation’ means, in respect of an Order, the email confirmation issued by Capital Distributors (S) Pte Ltd accepting that Order includes Price, installation and delivery charges (if necessary).

2.8 ‘Additional Terms’, for an Agreement, means any additional terms and conditions issued by Capital Distributors (S) Pte Ltd before or upon issuing the Order Confirmation to the Customer for that Agreement.

 

3. PRICE

3.1 The Price payable by the Customer to Capital Distributors (S) Pte Ltd for the Product/s is the price specified in the Order Confirmation. The Price is inclusive of prevailing GST.

 

4. PAYMENT

4.1 Prior to delivery of the Product/s, full payment of the Price is required from the Customer by the payment due date specified in the Order Confirmation.

4.2 Payment for the Product/s may be made by major credits cards (e.g. Visa / MasterCard) or such other mode acceptable to Capital Distributors (S) Pte Ltd.

 

5. PAYMENT

5.1 If the Customer fails to make any payment when due after the Order Confirmation is issued, the Customer agrees, without prejudice to any other right or remedy of Capital Distributors (S) Pte Ltd, to reimburse Capital Distributors (S) Pte Ltd for all reasonable costs and expenses incurred in relation to the outstanding debt and pursuing payment of it. Order Confirmation will only be issued upon receiving the full payment.

 

6. DELIVERY OF PRODUCTS

6.1 Subject to the availability of the Product/s, Capital Distributors (S) Pte Ltd will deliver the Product/s to the location specified in the Order. For the avoidance of doubt, all deliveries are in Singapore only, excluding Jurong Island and restricted areas within Sentosa.

6.2 Capital Distributors (S) Pte Ltd will use reasonable commercial endeavours to deliver the Product/s on the Delivery Date in accordance with clause 6.1. If Capital Distributors (S) Pte Ltd is unable to deliver the Product/s for any reason including inventory shortage, transportation difficulties or otherwise, it will inform the Customer as soon as practicable either by telephone or through email address provided by the Customer and use reasonable commercial endeavours to deliver the Product/s within a reasonable period after the Delivery Date. The Customer agrees that Capital Distributors (S) Pte Ltd shall not be liable for any cost/expenses/damages for delays in delivery.

6.3 If Capital Distributors (S) Pte Ltd does not deliver the Product/s within 5 days of the Delivery Date, by reason of a cause within Capital Distributors (S) Pte Ltd’s reasonable control; the Customer may give 3 business days’ notice of termination of the Agreement to Capital Distributors (S) Pte Ltd. If the Product/s is not delivered within such notice period, the Agreement shall terminate on expiry of such notice period. In the event that the Customer is not present to accept delivery of the Product/s at the Delivery Time on the Delivery Date and re-delivery is arranged after 7 days from the first delivery date, the Customer will incur a fee of S$20 to have the Product/s re-delivered at a new Delivery Time and on a new Delivery Date, as arranged by Capital Distributors (S) Pte Ltd and the Customer. The re-delivery fee is payable by the Customer prior to Capital Distributors (S) Pte Ltd re-delivering the Product/s at the new Delivery Time on the new Delivery Date.

6.4 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, Capital Distributors (S) Pte Ltd will notify the Customer prior to the Delivery Date that:
i. Capital Distributors (S) Pte Ltd is prepared to supply a model of equivalent or superior standard, and specify that model and any difference in price for the model change; or
ii. there is no equivalent model available and the Agreement is therefore terminated with immediate effect.

6.5 If the Customer accepts Capital Distributors (S) Pte Ltd’s offer of an alternative model in accordance with clause 6.5(i), the Product/s and the Price will be taken to be varied in accordance with Capital Distributors (S) Pte Ltd’s offer. If the Price is not paid in accordance with the terms of the varied order, the Agreement is thereby terminated with immediate effect.

6.6 Upon termination of the Agreement under clauses 6.3, 6.4 or 6.5, Capital Distributors (S) Pte Ltd shall within 30 business days refund to the Customer any payment that may have been received by Capital Distributors (S) Pte Ltd in the manner to be advised by Capital Distributors (S) Pte Ltd.

6.7 Subject to clause 6.6, Capital Distributors (S) Pte Ltd may, in its discretion, accept a Customer’s written request for an exchange of the Product/s or a return of the Product/s and a refund of the Price (the “Request”) provided:

i. the Product/s is in re-saleable condition (e.g. the Product/s is in its original packaging and has not been used); and ii. the Customer agrees to pay Capital Distributors (S) Pte Ltd immediately from Capital Distributors (S) Pte Ltd’s acceptance of the Request, the following amounts as applicable:

(a) the costs of the return delivery fee charged by Capital Distributors (S) Pte Ltd, where the Product/s to be exchanged or returned are already delivered to the Customer at the time of the Customer Request;

(b) in the case of an exchange of the Product/s, the difference between the price of the Product/s being returned and the replacement Product/s selected. No refund would be given for exchange of Product/s of a lower value;

(c) a re-delivery fee for the replacement Product/s;

(d) a re-stocking fee of 20% of the Price of the Product/s returned; and
(e) an administrative charge of 30% of the returned and/or replaced Product/s per order.

The Customer acknowledges that the above re-stocking fee represents the costs incurred by Capital Distributors (S) Pte Ltd in accepting the returned Product/s. For the avoidance of doubt, the costs of the initial delivery of the returned Product/s are not refundable.

6.8 Where any payment is to be made by Capital Distributors (S) Pte Ltd to the Customer pursuant to Capital Distributors (S) Pte Ltd’s acceptance of the Request, Capital Distributors (S) Pte Ltd shall within 30 business days of such acceptance refund, stated in 6.7 to the Customer any payment that may have been received by Capital Distributors (S) Pte Ltd, less the relevant deductions above, in the manner to be advised by Capital Distributors (S) Pte Ltd.

6.9 If Capital Distributors (S) Pte Ltd is unable to contact the Customer via email after making reasonable attempts to arrange for delivery, Capital Distributors (S) Pte Ltd may give the Customer 30 days written notice of termination of the Agreement to the Customer by email/fax/written notice. If the Customer fails to make arrangements within the notice period, the Agreement (including any order) is terminated upon expiry of that period.

6.10 Upon termination of the Agreement under clauses 6.8 or 6.9, Capital Distributors (S) Pte Ltd shall refund in its own discretion to the Customer any payment made that may have been received by Capital Distributors (S) Pte Ltd in the manner to be advised by Capital Distributors (S) Pte Ltd.

 

7. OWNERSHIP AND RISK

7.1 Capital Distributors (S) Pte Ltd remains the owner of and retains title to the Product/s until the Price is paid in full to Capital Distributors (S) Pte Ltd and the Product/s has been delivered to the Customer.

7.2 The Customer shall not sell or otherwise deal with the Product/s until the Price is paid in full to Capital Distributors (S) Pte Ltd. If the Customer purports to do so in breach of this clause, the Customer shall be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for Capital Distributors (S) Pte Ltd.

7.3 The risk of loss of or damage to the Product/s passes to the Customer upon delivery.

 

8. INSTALLATION POLICY

Installation will be handled by the appointed installers of Capital Distributors (S) Pte Ltd. Capital Distributors (S) Pte Ltd shall arrange and transfer Customers’ information to the appointed installer to supply and deliver the installation based on the Delivery Date stated in clause 6.2.

Scope of Installation is stated on www.kdk.sg. Installation beyond the scope of installation will be considered as additional works. Details of definition of additional works can be found on http://kdk.sg/tips/ under FAQs for ceiling fans.

Any additional works or equipments required out of the Scope of Installation are to be separately agreed between the customer and the installer. Capital Distributors (S) Pte Ltd holds no responsibility or liability for this agreement or works completed.

 

9. WARRANTY

9.1 KDK’s quality assurance means all Products are engineered to last under normal household use. The Products are subjected to rigorous testing and assessment as to their quality and fitness. Warranties as to the merchantability and fitness for purpose of the Products are implied under applicable consumer protection legislation.

9.2 In addition, Capital Distributors (S) Pte Ltd’s warranty protects the Product/s from manufacturing faults for 12 months from the date of purchase.

9.3 Warranty does not cover the following; not limited to:-

(a) damages resulting from incorrect installation to wrong mains voltage;

(b) Repair/services for installation of more than 3.8metres in height from floor level;

(c) Finishes, consumables such as batteries, remote control, fan blades/guards and regulators;

(d) Use, other than in accordance with the instructions for operations;

(e) Transport and labour charges;

(f) Faulty installation or mishandling;

(g) Scratches, corrosion, rust, color deterioration and stains;

(h) Obstruction caused to access electrical parts/products;

(i) Cleaning, reconditioning and lubrication.

9.4 Warranty is valid only in respect of KDK products bearing the PSB safety marks stickers and models belonging to Singapore Market and sold by Capital Distributors (S) Pte Ltd to its authorized dealers. Warranty does not include installation.

9.5 To the extent permitted by law, Capital Distributors (S) Pte Ltd is not liable for any indirect, special or consequential loss or damage arising in any way in relation to, or use of, the Product/s or from the use of the Website.

9.6 Capital Distributors (S) Pte Ltd reserves the right to inspect and test the Products for the purpose of determining the extent of any defect and the validity of any claim made under this warranty. All defective parts/Products replaced by Capital Distributors (S) Pte Ltd under this warranty will be deemed to be the property of Capital Distributors (S) Pte Ltd.

9.7 The Customer must retain the invoice issued by Capital Distributors (S) Pte Ltd as proof of purchase in order to be eligible to make a warranty claim. As a Capital Distributors (S) Pte Ltd product warranty is a non transferable right, a warranty is deemed void upon the transfer of ownership of the Product/s (exclusions apply).

 

10. SERVICE & SPARE PARTS

10.1 While Capital Distributors (S) Pte Ltd will use reasonable commercial endeavours to have all necessary spare parts available for the purpose of warranty repair or service, Capital Distributors (S) Pte Ltd is not liable for delays due to sourcing of unusual parts which are required, or due to circumstances beyond the control of Capital Distributors (S) Pte Ltd.

10.2 The availability of spare parts and service for all Products will depend on the manufacturer production,

10.3 Capital Distributors (S) Pte Ltd’s service coverage as set out above clause 9.4 is only available for Product/s purchased and used in Singapore.

 

11. NOTICES

11.1 Any written notice or communication sent by Capital Distributors (S) Pte Ltd shall be deemed to have been duly served on and received by the Customer:

i. if delivered by hand, at the time of delivery;

ii. if sent by post, at the time of posting;

iii. if transmitted by way of fax, at the time of transmission; or

iv. if sent by email, at the time of sending of the email by Capital Distributors (S) Pte Ltd.

 

12. PRIVACY

12.1 Capital Distributors (S) Pte Ltd will collect and deal with the Customer’s personal information (including name, address, telephone contact, email address or personal details) only for the express purpose for which the data is provided.

12.2 Capital Distributors (S) Pte Ltd may disclose personal information to its related companies and to organisations which provide services (including delivery services) to Capital Distributors (S) Pte Ltd or which assist Capital Distributors (S) Pte Ltd in providing services (including repair / warranty services) to its customers.

 

13. INTELLECTUAL PROPERTY

13.1 All copyright in the material contained on the Website and any trademarks and brands included in that material belong to Capital Distributors (S) Pte Ltd or its licensors.

13.2 The Customer may download or copy the content and other downloadable items displayed on the Website solely for personal non-commercial use for the purpose of placing an order. Copying or storing the contents of the Website for any other purpose is expressly prohibited.

 

14. GOVERNING LAW

14.1 The Agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of Singapore and all parties hereto agree to submit to the jurisdiction of the Singapore Courts.