Singapore SOR Terms of Service

Schedule 1. Terms of Service

1.   You are placing an order through a merchant’s website (the “Merchant”).

2.   If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. You acknowledge and agree that your payment information, shipping address, and any additional information required or requested to complete your order on Merchant’s website will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3.   Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) the Merchant’s terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1   You are dealing with and providing your information (whether or not they are personal data within the definition of the Personal Data Protection Act 2012 of Singapore) to Passport. Passport may contact you about your order.

3.2   If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3   Passport has designated the Merchant to handle payment for your order and you agree to deal with the Merchant exclusively on the payment for your order, unless otherwise directed by Passport.

3.4   Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5   Passport and its nominated agents and contractors shall where appropriate and to the extent agreed with the Merchant, deliver any Product to the shipping address provided by you.  Delivery of your order shall be deemed to have been completed when Passport or Passport’s nominated agents and contractors place such order at your disposal at the shipping address. Certain addresses will be ineligible for shipment, such as P.O. box addresses.

3.6   Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7   If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8   You authorize Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorized.

4.   Currency: You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5.   Billing: If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject also to the Merchant’s terms and conditions, which such terms are deemed incorporated herein as between yourself and Passport.

6.   Shipping: Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7.   Chargebacks, Fraud Prevention and Void Transactions: For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction will be void.

8.   Customer Service and Returns: Passport, as seller of the Products to you included in a Qualifying Customer Order, has appointed the Merchant to act as its agent in connection with customer service. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorized to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant and hereby waive any rights that you may have against Passport. Where a return by the Customer is authorized by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorized by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorized to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorize Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9.   General Terms: The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1   Compliance with Applicable Laws: You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of Singapore. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2   Privacy: To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyze transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analyzed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3   Electronic Communications: When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4   Modifications: You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions.

9.5   Severability: If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6   Proceedings: Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7   Language: The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8   Definitions: 

“GST” has the meaning given to that term in the GST Act.

“GST Act” means the Singapore Goods and Services Tax Act 1993, as amended.

“Low Value Goods” or “LVGs” means goods which at the point of sale: are not dutiable goods, or are dutiable goods, but payment of the customs duty or excise duty chargeable on the goods is waived under section 11 of the Customs Act; are not exempt from GST; are located outside Singapore and are to be delivered to Singapore via air or post; and, have a value not exceeding the import relief threshold of S$400.

[“Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. ]

“Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they are to be imported into Norway, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws.

“Product Prices” means the prices including GST at the appropriate rate of the Products as held out for sale by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product.

“Qualifying Customer Order” meets all of the following conditions:

(a)   it is an order for Product or Products placed via the Merchant’s website which are to be transported from a third country or territory to an address in Singapore; 

(b)   assuming the Product would be a Qualifying Customer Order (and hence would be sold by the Merchant to Passport to the Customer), the sale of the Product would be a taxable supply (as defined in the GST Act) by Passport to the Customer on which Passport has the GST liability thereon; and

(c)   for the avoidance of doubt, Qualifying Customer Orders are intended to be orders that include offshore supplies of Low Value Goods where the recipient of the supply is a consumer and that are not made through an electronic distribution platform.