Terms of Use
The following Terms of Use govern your use and access to our website and the use of our services. By accessing this website and/or using our services, you agree to be bound by these Terms of Use. If you do not agree to be bound by the following Terms of Use, please do not access and/or use this website or our services.
1. GENERAL USE AND/OR ACCESS TO WEBSITE
1.1. Guidelines to the use of website, platform and services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of our services and/or for your access to the website, as well as any amendments to the aforementioned, issued by us from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the website.
1.2. Restricted activities: You agree and undertake not to:
(a) impersonate any person or entity to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the website or services for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the website or our services;
(d) use, upload, post, promote or transmit through the website or our services any prohibited materials, including any information, graphics, photographs, data and/or other material that contains any computer virus or other invasive or damaging code, program or macro, infringes any third-party intellectual property or any other proprietary rights, is defamatory libellous or threatening, is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable laws, or may be construed as offensive and/or otherwise objectionable, in our sole opinion;
(e) interfere with another’s utilization and enjoyment of the website and/or services; and
(f) use the website or services other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
1.3. Availability of the website and our services: We may from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the website or any services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the website or any part of our services.
1.4. Right to monitor: We reserve the right to monitor, screen or otherwise control any activity and access to the website and/or our services, and we may in our sole and absolute discretion investigate any violation of the Terms of Use contained herein and may take any action we deem appropriate, including preventing or restricting the access of any user to our website and/or services, reporting any suspicious activity to the relevant authorities, and/or request any information and data from our users.
1.5. Privacy Policy: Your use of the website and our services is also subject to our Privacy Policy .
2. USE OF SERVICES
2.1. Application: These terms are set out in addition to all other terms and conditions, and the provisions set out hereinunder are additional specific terms and conditions governing your use of our website and our services.
2.2. Restrictions: The use of our services is limited to authorized users that are of legal age and who have the legal capacity to buy and consume alcohol, enter into and form contracts under any applicable law.
2.3. General terms of use: You agree to access and/or use the website and our services only for lawful purposes and in a lawful manner at all times and in good faith. Orihara Pte Ltd (“Orihara”) reserves the right to cancel or reject any use of the website and services at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
2.4. Product Description: While we endeavour to provide an accurate description of our products, we do not warrant that such description is accurate, current or free from error.
2.5. Prices: All listed prices are subject to taxes, unless otherwise stated. We reserve the right to amend the listed prices at any time without prior reason or notice.
2.6. Users and Accounts: Some of our services made available on the website may require the creation of an account with us or for you to provide personal data that can be used to identify, contact or locate you. Such personal data can include your name, e-mail address, billing address, shipping address, phone number, or any other details that you provide us with when placing an order with us (“Personal Data”). If you request the creation of an account with us, a Username and Password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of our services and/or access to our website. We may at any time in our sole and absolute discretion request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and be liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
2.7. Purported use/access: You agree and acknowledge that any use of our services and/or any access to the website and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be, access and use of the services and/or website by you, and information, data, or communications transmitted and validly issued by you. You agree to be bound by any access of the website and/or use of any services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any services and/or access to the website referable to your Username and Password.
3. INTELLECTUAL PROPERTY
3.1. Definition: “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.
3.2. Ownership: The Intellectual Property in and to the website and our services are owned, licensed to or controlled by us, our licensors, or our service providers. For the avoidance of any doubt, the website, services and any information or material contained therein shall not in any way grant or be taken to grant any person a license or any rights to the respective Intellectual Property. We reserve the right to enforce its Intellectual Property to the fullest extent of the applicable laws.
3.3. Trademarks: The trademarks set out in the website and/or our services are both registered and/or unregistered trademarks of ours, as well as other third parties. Nothing on the website and/or our services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the website and/or our services, without our written permission or any other applicable trademark owners, as the case may be.
4. DISCLAIMERS AND INDEMNITY
4.1. Payment: Any payment for our services (including purchase of goods), shall be made solely through PayNow. We make no representations and assume no responsibilities for your agreement to make payment via PayNow, and you are strongly advised to read the terms and conditions and privacy policy of PayNow before using its services.
4.2. Risk of Use: Orihara does not warrant that our website or services or any parts thereof will be uninterrupted or free of error, nor that the server that makes them available are free of viruses, malware, spyware or other harmful components. By using the website and/or our services, you agree to assume all risk of errors and/or omissions, including the transmission or translation of information, as the case may be.
4.3. Limitation of Liability: Orihara shall in no event be made liable for any direct, indirect, punitive, incidental, special, consequential or any other damages arising out of or in any way connected with the use of the website and/or our services, or with the delay or inability to use the website and/or our services.
4.4. Indemnity: You agree to fully indemnify, defend and hold Orihara, its suppliers, directors, officers, employees, agents, information providers, advertisers or partners, licensors and licensees, as well as its subsidiaries or affiliates and their subcontractors and their agents, directors, employees, officers, information providers, advertisers or partners, licensors and licensees, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
(a) Your access to or use of the website and/or services;
(b) Your misuse of the website and/or services;
(c) Any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other Intellectual Property right of any person or defames any person or violates their rights of publicity or privacy;
(d) Any misrepresentation made by you in connection with your use of the website and/or services;
(e) Any breach or non-compliance by you with the terms and conditions of this Agreement or our Privacy Policy;
(f) Your violation of any law or the rights of a third party, including the use by any other persons accessing the website and/or services using your account caused by your action or inaction; and
(g) Claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the website and/or our services, including any information obtained through the website and/or our services.
5. TERMINATION
5.1. Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the website and/or our services and/or disable your username and password. We may bar access to the website and/or our services for any reason whatsoever, including a breach of any of these Terms of Use or where we believe or suspect that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is appropriate to do so.
5.2. Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
6. NOTICES
6.1. Notices to you: All notices to you communicated through any print or electronic media shall be deemed to be received and notified to you on the date of publication or broadcast.
6.2. Notices to us: You may only give notice to us in writing sent to our registered office address or e-mail address at info@oriharasg.com, and we shall be deemed to have received such notice only upon receipt.
7. GENERAL
7.1. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.
7.2. Governing Law and Jurisdiction: The Terms and Conditions shall be construed and its performance governed in accordance with the law of the Republic of Singapore. By accessing or using the website and/or our services, you fully agree to submit to the exclusive jurisdiction of the Singapore courts.
7.3. Force Majeure: Notwithstanding any of the aforementioned, we shall not be liable for any breach of our obligations under these Terms of Use where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, power outage, compliance with any law, epidemic or pandemic, or accident (or by any damage caused by any of such events).
7.4. No Waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
7.5. Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Use shall not be affected.
7.6. Third Party Rights: Unless otherwise expressly stated above, no person shall have any right pursuant to the Contracts (Rights of Third Parties) Act 2001 to enforce any of the above Terms of Use.
7.7. Amendments: We may by notice through the website or by such other method of notification as we may designate vary these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the website or our services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the website and/or our services and terminate these Terms of Use.
7.8. Entire Agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
Terms of Sale
These Terms of Sale govern any and all purchases of our products and/or services from our website. Please carefully read these terms to understand your legal rights and obligations regarding the purchase of our products and/or services on Orihara Pte Ltd’s (“Orihara”) website.
1. Purchase of Products, Orders Pricing and Payments
1.1. Compliance: You agree to comply with any and all guidelines, notices, operating rules and policies and instructions pertaining to the purchase of our products and/or services on our website, as well as any amendments to the aforementioned, issued by us from time to time. In this regard, we reserve our right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the website.
1.2. Age Restriction: By placing an order, you acknowledge and warrant that you are of legal age and have the legal capacity to buy and consume alcohol, enter into and form contracts under any applicable law.
1.3. Product Description: While Orihara endeavours to provide an accurate description of the products and/or services listed on our website, Orihara does not warrant that such description is accurate, current or free from error. In the event that the product or service that you receive is of a fundamentally different nature from the product as described on the website and which you have ordered, Clause 4 below shall apply.
1.4. Placing Your Order: You may place an order by adding your items to your “cart” and completing the “checking out” process, which shall include your filling out of your shipping, delivery and/or billing details, as well as payment. You shall be responsible for ensuring the accuracy of your order at all material times.
1.5. Irrevocable and Unconditional Orders: All orders are deemed to be irrevocable and unconditional upon transmission through our website, and Orihara shall be entitled (but not obliged) to process such orders without your further consent and without any further reference or notice to you. Nevertheless, you may request to cancel or amend the order, in which event Orihara shall endeavour to give effect to on a commercially reasonable or viable basis. For the avoidance of any doubt, and notwithstanding any of the above, Orihara is not obliged to give effect to any request to cancel or amend any order once placed.
1.6. Reservation of Orihara’s Rights: All orders shall be subject to Orihara’s acceptance in its sole discretion and each Order accepted by Orihara shall constitute a separate contract. You acknowledge that unless you receive a notice from Orihara accepting your order, Orihara shall not be party to any legally binding agreements or promises made between Orihara and you for the sale of or other dealings pertaining to the product(s), and accordingly, Orihara shall not be liable for any losses which may be incurred as a result, whether direct or indirect. For the avoidance of doubt, Orihara reserves the right to decline to process or accept any order received from or through the website in its absolute discretion.
1.7. Product Warranty: Unless expressly provided for in our website or expressly prohibited by applicable mandatory law, Orihara excludes all other express or implied terms, warranties or conditions with respect to the products listed.
1.8. User’s Acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Orihara which has not been stated expressly in a written document from Orihara or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by Orihara. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms of Sale allocate risks between the parties and permit Orihara to provide the products at lower fees or prices than that which Orihara otherwise could and you agree that such exclusions on liability are reasonable.
1.9. Without prejudice to the generality of the foregoing:
1.9.1. No condition is made or to be implied nor is any warranty given or to be implied as to the life of the products sold or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Orihara;
1.9.2. Orihara binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law;
1.9.3. Orihara shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the products ordered has not been paid in cleared funds by the due date for payment;
1.10. Intellectual Property: Save with the prior written consent of Orihara, the user shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any products listed on Orihara’s website.
2. Delivery
2.1. Address: Delivery of the Products shall be made to the address you specify in your order either by Orihara or its representatives, employees, agents and/or contractors and/or subcontractors.
2.2. Delivery & packing charges: Delivery and packing charges shall be as set out in the order.
2.3. Product Availability: You acknowledge that the delivery of the products is subject to the availability of the products. Orihara will make every reasonable effort to deliver the product(s) to you, but you acknowledge that while stock information on the website is updated regularly, it is possible that in some instances a product may become unavailable between such updates. Users shall be notified by email as soon as may be practicable if any such stock are found to be unavailable, and any payment made in respect of the unavailable product shall be refunded to our users in accordance to Clause 4 below.
2.4. Delivery Schedule: You acknowledge that there will be no deliveries made on Sundays, as well as during company trips. You will be notified of the estimated delivery date and time by way of email as soon as may be practicable. Please ensure that someone is present at the location of delivery to receive the delivery. Please note further that under Orihara’s company policy, and for security reasons, our delivery staff may not enter your place of residence.
2.5. Failure to Take Delivery: If you fail to take delivery of the products (otherwise than by reason of any cause beyond your reasonable control or by reason of Orihara’s fault), then without prejudice to any other right or remedy available to Orihara, Orihara may terminate your order placed.
2.6. Time: Time for delivery shall not be of the essence, and Orihara, nor any of its representatives, employees, agents and/or contractors and/or subcontractors, shall not be liable for any delay in delivery howsoever caused.
2.7. Unattended Delivery: In the event that you have instructed Orihara, or any one of Orihara’s representatives, employees, agents and/or contractors and/or subcontractors to leave the ordered products at your doorstep or of the specified delivery address or such other unattended location, such delivery shall be at your sole risk and you accept all liability and risk of loss, theft and damage.
2.8. Risk of Damage or Loss: Subject to Clause 2.7 above, risk of damage to or loss of the products shall pass to the purchaser at the time of delivery or if the purchaser wrongfully fails to take delivery of the Goods, the time when Orihara or any of its representatives, employees, agents and/or contractors and/or subcontractors has tendered delivery of the said products.
3. Price and Payment
3.1. Listing Price: Unless otherwise specified under Clause 3.2 below, the price of the products payable by a user shall be the price listed on our website at the time which the order placed by the said user is transmitted to Orihara through the website.
3.2. Pricing Error: Orihara reserves the right to terminate any order(s) in the event that a product has been mispriced on our website, in which event Orihara shall notify you of such cancellation in writing. Orihara shall have such right to terminate such order(s) whether or not products have been dispatched or are in transit. In the event that payment has already been charged to you, Orihara shall as soon as may be practicable arrange for a refund of the same in accordance with Clause 4 below.
3.3. Taxes: All prices listed on the website are subject to taxes, unless otherwise stated. Orihara reserves the right to amend the prices of its products at any time without giving any reason or prior notice.
3.4. Payment: Any payment for our products and/or services shall be made solely through PayNow. We make no representations and assume no responsibilities for your agreement to make payment via PayNow, and you are strongly advised to read the terms and conditions and privacy policy of PayNow before using its services.
3.5. Invoices: Orihara may invoice you upon the due date of any payment under any order(s) placed.
3.6. Failure to Pay: If the user fails to make any payment on his/her order, then without prejudice to any other right or remedy available to Orihara, Orihara shall be entitled to cancel the order or suspend delivery of the product until payment is made in full.
4. Refunds, Returns and Exchange
4.1. Initiation of Return and Exchange Process: Users may initiate the returns and exchange process by contacting Orihara by telephone at 6224 0445 or by way of email at info@oriharasg.com.
4.2. Permitted Returns: Subject to Clauses 4.1 and 4.4, you may within 48 hours of delivery of the products return a product to us, stating your invoice number, if:-
4.2.1. The product which you had received in your delivery was wrong, or not part of your order;
4.2.2. The product delivered is broken; or
4.2.3. The quantity delivered is incorrect.
4.3. Defective Product: We take pride in taking good care of all of Orihara’s products. In this regard, it is Orihara’s company policy to store all its sake (Nihonshu) and Beer in Draught (not sold online) (except aged sake and other alcoholic beverages pertaining to liquor and liqueur) in Orihara’s temperature-controlled freezer warehouse at a constant temperature of approximately 5 degrees centigrade. That said, there is still a small possibility that the sake may contain impurities or be otherwise defective as a result of especial circumstances during the brewing or bottling process, or in any particular change of environment. Subject to Clauses 4.1 and 4.4, you may within 48 hours of delivery return the allegedly defective product to us, stating your invoice number, provided always that the returned sake or alcohol must not contain less than half of its original contents.
4.4. In the event that any returns are made pursuant to Clause 4.2 above, and subject to Clause 4.6 below, we shall rectify the erroneous order or damaged product, as the case may be.
4.5. In the event that any returns are made pursuant to Clause 4.3 above, and subject to Clause 4.6 below, Orihara may exchange the allegedly defective sake and/or alcohol with a new bottle of the same sake and/or alcohol, upon an evaluation by our staff to confirm that the returned sake and/or alcohol is in fact defective.
4.6. For the avoidance of any doubt, all returns and/or exchanges are subject to Orihara’s sole discretion, and Orihara reserves the right to reject any returns or requests for exchange that it deems invalid and/or unreasonable.
4.7. Refunds: Save for situations expressly set out in Clauses 2.3 and 3.2 above, any and all refunds made shall be in Orihara’s sole discretion.
4.8. Mechanism: All refunds shall be made via PayNow and to the person who made the original payment. Orihara offers no guarantee of any nature for the timeliness of the refunds. The processing of payment may take time and is subject to the respective banks and/or payment provider’s internal processing timeline(s). We reserve the right to modify the mechanism of processing refunds at any time without notice.
4.9. For the avoidance of any doubt, this Clause 4 and its sub-clause thereto shall apply only to purchases made online through Orihara’s website.
5. Questions and Complaints
5.1. If you have any questions or complaints, you may contact Orihara directly by telephone at (65) 6224 0445 or by way of email at info@oriharasg.com.
6. GENERAL
6.1. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Sale. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
6.2. Governing Law and Jurisdiction: The Terms of Sale shall be construed and its performance governed in accordance with the law of the Republic of Singapore. By accessing or using the website and/or our services, you fully agree to submit to the exclusive jurisdiction of the Singapore courts.
6.3. Force Majeure: Notwithstanding any of the aforementioned, we shall not be liable for any breach of our obligations under these Terms of Sale where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, power outage, compliance with any law, epidemic or pandemic, or accident (or by any damage caused by any of such events).
6.4. No Waiver: Our failure to enforce these Terms of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Sale. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.
6.5. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
6.6. Third Party Rights: Unless otherwise expressly stated above, no person shall have any right pursuant to the Contracts (Rights of Third Parties) Act 2001 to enforce any of the above Terms of Sale.
6.7. Amendments: We may by notice through the website or by such other method of notification as we may designate vary these Terms of Sale, such variation to take effect on the date we specify through the above means. If you use the website or our services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the website and/or our services and terminate these Terms of Sale.
6.8. Entire Agreement: These Terms of Sale shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.