Terms and Conditions

Welcome to the Fairmarch website. Please read these Terms of Use carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services. 

The Terms of Use provides you with information on the do’s and don’ts on the access and use of the Fairmarch Platform. 

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.  

If you are below 18 years old: You must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.  

1. General use of Services and/or access of Platform  

1.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the Services and/or access to the Platform, 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 Platform.

1.2 Restricted activities: You agree and undertake NOT to:  

(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform 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 Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
(g) use the Platform 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 Platform and 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 Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
1.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:  (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the Terms of Use contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.  

1.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at http://www.fairmarch.com/privacy-policy/  

2. Use of Services  

2.2 Restrictions: Use of the Services is limited to authorised Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services
2.3 General terms of use: You agree:  

(a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
(b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

Fairmarch reserves the right to cancel or reject any use of this 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 the Products, we do not warrant that such description is accurate, current, or free from error.
2.5 Prices of Products: We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
2.6 Third Party Vendors: You acknowledge that parties other than Fairmarch (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Fairmarch or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
3. Customers with Fairmarch accounts
3.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be:

(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. 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 or 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 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 unauthorised use of the Username and/or Password or if your Personal Data requires updating.  

3.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you.  

You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised 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 Platform referable to your Username and Password.

4. Intellectual property

4.1 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.
4.2 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 4.3, 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.
4.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

5. Questions and complaints

5.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Fairmarch using the “Contact Us” page on the Platform, as applicable.

5.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Fairmarch reserves the right to suggest and implement an appropriate resolution at its sole discretion.

6. Your Submissions and Information

6.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
6.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
6.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at http://www.fairmarch.com/privacy-policy/ and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

7. Termination

7.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe 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 not suitable to continue providing the services relating to the Platform.
7.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.

8. Notices

8.1 Notices from us: All notices or other communications given to you if:

(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

8.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

9. General

9.1 Cumulative Rights and Remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
9.2 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.
9.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid, or unenforceable provision was severed from these Terms of Use.
9.4 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
9.5 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the 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 Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
9.6 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.7 Currency: Money references under these Terms of Use shall be in Singapore Dollars.
9.8 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.
9.9 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.10 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
9.11 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
9.12 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Terms & Conditions of Sale

1. Purchase of Products  

1.1 Your Compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Fairmarch (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Fairmarch reserves 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 Platform.
1.2 Product Description: While Seller endeavours to provide an accurate description of the Products, neither Fairmarch nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 5 of these Terms & Conditions of Sale for Fairmarch shall apply.
1.3 Sellers: Products are sold by “Sellers”. Fairmarch may be a “Seller” for selected Products. “Seller” may also refer to a party other than Fairmarch (such party referred to in these Terms & Conditions of Sale for Fairmarch as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by Fairmarch or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
1.3.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
1.3.2 for Products sold by Fairmarch, shall be agreements entered into directly and only between Fairmarch and you.
1.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the Order button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
1.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you.
1.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
1.7 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied.
1.8 Customer’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 Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Fairmarch or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale for Fairmarch and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
1.9 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9: 

1.9.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied 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 Seller;;
1.9.2 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow Fairmarch’s instructions (whether oral or in writing) misuse or alteration or repair of the Products without Fairmarch’s approval;
1.9.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Fairmarch’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
1.9.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
1.9.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any. 

1.10 Intellectual Property: 

1.10.1 Unless the prior written consent of Fairmarch has been obtained, the Customer 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.
1.10.2 Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
1.10.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Fairmarch has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Fairmarch’s request. 

2. Delivery of Products  

2.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Fairmarch (or its agents) on behalf of Seller.
2.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
2.3 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
2.4 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Fairmarch within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Fairmarch does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.
2.5 Voucher from Fairmarch: If there is a delay in delivery of the Products, Fairmarch may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller.
2.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract. 

3. Prices of Products  

3.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

4. Payment  

4.1 General: You may pay for the Product using any of the payment methods prescribed by Fairmarch from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Fairmarch, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Fairmarch is entitled to collect payments from you on behalf of Third Party Vendors.
4.2 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Fairmarch), for any failure, disruption or error in connection with your chosen payment method. Fairmarch reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. Further information can be found at our payment gateway providers (e.g. Stripe or Paypal).
4.3 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions would apply.
4.4 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
4.5 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
4.6 Refund of Payment: (a) All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was succesfully completed.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
(d) All refunds are conditional upon our acceptance of a valid return of the Product.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.
 

5. Refunds/Returns/Repairs/Replacements  

5.1 Return Policy: Customer may initiate the returns process by communicating with Seller or Fairmarch through the Platform, as the case may be. Seller or Fairmarch is not obliged to agree to any return unless all such instructions are followed to Seller’s and Fairmarch’s satisfaction. Customer acknowledges that a return may be rejected if such instructions are not strictly adhered to. For a valid return,Seller or Fairmarch may (as applicable and at their discretion), offer Customer remedies as set out in Clause 5.3. Fairmarch reserves the right to reject any requests for refunds, returns or replacements at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
5.2 Permitted Returns: Subject to Clause 5.1, within 7 days from the date of delivery of the Product, you may return a Product when you:  

5.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or 5.2.2 receive a faulty or damaged Product.  

5.3 Refund, repair, replacement or price reduction: For Products that qualify for a valid return, Seller or Fairmarch may offer the following remedies at its sole discretion:

5.3.1 Refunds: Seller or Fairmarch may offer Customer a partial or full refund of the price paid for the non-conforming Product.
5.3.2 Repairs: Seller or Fairmarch may offer Customer a repair of the non-conforming Product.
5.3.3 Replacements: Seller or Fairmarch may offer the Customer a replacement Product in place of the non-conforming Product.  

In the event that Customer elects to accept a repair or replacement and the Seller fails to do so within a reasonable time, Fairmarch may grant to the Customer a reduction of the price in proportion to the reduced value of the Products, the quantum of which shall be determined at its sole discretion. Upon Customer accepting a remedy from the Seller or Fairmarch as set out above, the Customer shall have no further claim against the Seller as regard to the non-conforming Product.  

5.4 Return of Non-conforming Products: When Seller or Fairmarch has provided replacement Products or given the Customer a full refund, the non-conforming Products or parts thereof shall become Seller’s property. Seller or Fairmarch may, at its sole discretion, request such non-conforming Products to be shipped back to Seller or Fairmarch at Customer’s cost.  

6. Questions and complaints 6.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Fairmarch using the “Contact Us” page on the Platform, as applicable.
6.2 In the event that Customer is unable to resolve any dispute with the Seller directly through amicable negotiations, Fairmarch reserves the right to suggest and implement an appropriate resolution at its sole discretion.  

7. Termination  

7.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Fairmarch through [email protected] or vendor store page. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 5.

7.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale for Fairmarch, Seller, or Fairmarch acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

7.2.1 the Products under the Customer Contract being unavailable for any reason;
7.2.2 the Customer being in breach of an obligation under the Customer Contract;
7.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
7.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
7.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

7.3 Termination by Seller in the event of Pricing Error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Fairmarch shall, on behalf of Seller, notify you of such cancellation in writing. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.

8. Risk and Property of the Goods

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Fairmarch has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Fairmarch has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Fairmarch to the Buyer for which payment is then due.

9. LIMITATION OF LIABILITY

9.1 Sole remedies of customer: the remedies set out in clause 5 are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.
9.2 Maximum liability: notwithstanding any other provision of these terms & conditions of sale for Fairmarch, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
9.3 Exclusion of liability: Fairmarch indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written).

10. General

10.1 References to “Fairmarch”: References to “Fairmarch” in these Terms and Conditions of Sale for Fairmarch apply both to Fairmarch’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
10.2 The rights and protections conferred on Fairmarch under these Terms and Conditions of Sale for Fairmarch shall be additional to the rights and protections conferred on Fairmarch under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by the Customer.
10.3 Any clause in the Terms and Conditions of Sale for Fairmarch, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by the Customer that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
10.4 Fairmarch reserves the right to alter, modify, add to or otherwise vary these Terms and Conditions of Sale for Fairmarch from time to time, and in such manner as Fairmarch deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Services provided by Fairmarch after such amendment, the Customer shall be deemed to have accepted the amendments.
10.6 Correction of Errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.