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Terms of Use
General Terms Of Use

The use of this Website is governed by these Terms of Use between the customer, referred to as “you” or “customer” and Jia He Chinese Restaurant, a business of Jia He Restaurant Pte Ltd, referred to as “Jia He” or “we”, “us” or “our” at 1 Farrer Park Station Road, #01-14/15/16 Connexion, Singapore 217562.

 

Introduction

These Terms of Use apply to the use of Jia He website or its associated webpages (the Website), including the ordering, purchase, fulfilment and delivery of Order. Each Order placed with Jia He shall be governed by the present Terms of Use together with the Privacy Policy and any other additional conditions on the Website. Unless otherwise provided in the present Terms of Use, they shall apply to the exclusion of all other conditions. Please read the following Terms of Use carefully before placing your order with Jia He.

You acknowledge and agree that by accessing or using the Website, you have read these Terms of Use and you understand and agree to be bound by them. If you do not understand these Terms and Conditions or if you have any questions, please contact us on 6694 8988 or email us at enquiries@jiahe.com.sg and a representative will be happy to assist you.

Your Use of the Website

2.1
You may order from Jia He if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
2.2
Each order you place will be a separate and binding agreement between you and Jia He in accordance with these Terms of Use.

 

Orders
3.1
You may place an Order with Jia He through the website shop.jiahe.com.sg
3.2
The prices payable for the items you order are those displayed on this Website on the date you place your Order subject to prevailing government taxes, unless otherwise stated.
3.3
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your Order, calculated based on the delivery method you select.
3.4
In completing the online order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will allow us to provide you with the Delivery Service. Please see our Privacy Policy for more information on how and why we process personal data collected from you. Jia He will not be liable to you for your losses or that of any third party for a delay or failure to process, fulfil or deliver the Order to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
3.5
 After you have selected the food items comprising your Order, you will be directed to an order confirmation webpage allowing you to review your Order, choose your delivery method and check the total price.
3.6
Once you have made payment and submitted your Order, Jia He will email you a confirmation of the Order within a few minutes, setting out the details of the Order and location for collection and delivery. If you do not receive an email confirmation, please check your Spam/Junk mail folder.
3.7
A contract for provision of the Order and Delivery Service shall be formed upon issuance of the email confirming the Order. Once an Order is confirmed, the Order may not be cancelled and no refunds are permitted, unless changes to the Order are made by agreement with Jia He and any cancellations are otherwise in accordance with these Terms of Use. However, we will allow you to return goods in accordance with the Returns Policy. You must check your order carefully prior to submitting your order with us. For terms regarding cancellations or returns of orders, see the ‘Order Cancellation and Returns’ section (clause 10) of these Terms and Conditions.
3.8
You will be provided with an automatic order ID upon submission of your order to the Website. The order ID is required when collecting your Order or contacting our Customer Service Centre in regards to your Order.
3.9
Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate delivery fee will apply to each order in accordance with clause 8. You may place an Order of up to a total value of $3,000 (inc GST).

 

4.1
Jia He reserves the right to accept or reject your order for any reason at any time.
4.1
When we accept an order, it represents an agreement by us to fulfil your Order in accordance with these Terms of Use.
4.3
In the event that we reject an order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) business days(?) after the placement of the order. We will not be liable to you for your loss or that of any third party for the rejection of an order.
4.4
Where we reject an order and your payment for the Order has already been processed, we will refund any money paid to us in respect of that order and make reasonable endeavours to process the refund within ten (10) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Jia He is not liable with respect to any losses, damages, costs, expenses or injuries you or any third party incur as a result of any delay in processing your refund.
4.5
If we are unable to contact you in relation to your order under these Terms of Use using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order under clause 4.1 and we will notify you of that rejection via phone or email within three (3) business days after the placement of the Order. Jia He will not be liable to you for your losses or that of any third party for the rejection of an order.

 

5.1
You acknowledge and agree from time to time, some items on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this occurs, we will contact you to inform you of the unavailability of the item(s). Your sole remedies shall be to replace the unavailable item with another item of equal or lower value at no additional charge, replace the unavailable item with another item of greater value and make payment on the difference in value, cancel your Order and arrange a full or partial refund, or come to an alternative arrangement. Where a comparable item or alternative arrangement cannot be agreed upon, we will refund you the price paid for the goods. We will use reasonable endeavours to process the refund within fourteen (14) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Jia He is not liable with respect to any losses you or any third party might suffer as a result of any delay in processing your refund.
5.2
We reserve the right to withdraw or suspend any items displayed on the website from sale either temporarily or permanently at any time without notice to you. Jia He will not be liable to you for any losses you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular good.
5.3
Where an item which is the subject of an order has been withdrawn or suspended from sale and your payment for the goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that goods within fourteen (14) business days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Jia He E-shop is not liable with respect to any losses you or any third party might suffer as a result of any delay in processing your refund.
5.4
Where your Order is affected by an error on the website (for example, in relation to a description of goods, an image, price or otherwise), we will reject the part of the Order that is the subject of the error. If applicable, Jia He will proceed to fulfil the remainder of your Order in accordance with these Terms of Use. If you are not satisfied with the partial fulfilment of your order, you can return your Order to us in accordance with the Returns Policy.
5.5
You acknowledge and agree that:
(a)
all pictures and images of food items displayed on the Website are solely for illustration purposes only. Actual product may vary.
(b)
you have read any corresponding written description of the items prior to submitting your order
(c)
any accessory featured with the food items is for illustration purposes only.

 

6.1
The Price in respect to the items specified on the Website.
6.2
Unless otherwise stated, all Prices quoted are in Singapore Dollars and where applicable, inclusive of goods and services tax (GST). GST does not apply to the purchase of Dining Vouchers. Any fees and charges (e.g. Delivery Fee) imposed by these Terms of Use also include GST where applicable.
6.3
Jia He reserves the right to change or alter the Price on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply.
6.4
In respect of any Order, we will charge you and you agree to pay:
(a)
the Price (which is the Price at the time the Order is submitted); and
(b)
subject to clause 8, the Delivery Fee.
6.5
You can pay for your Order by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit cards (Visa or Mastercard). When paying by credit card, you authorise Jia He E-shop to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.6
Vouchers of any forms cannot be used as a form of tender for purchases from the eShop unless otherwise indicated.
6.7
You acknowledge and agree that payment in respect of an Order must be cleared by Jia He E-shop before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms of Use and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8
In paying or attempting to pay for the Order, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9
You will receive the receipt of purchase via email once payment in respect of your order has been processed.
6.10
Where an Order is split in accordance with clause 8.6, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees in accordance with clause 7.3.

 

Delivery
7.1
Delivery is available within Singapore in our pre-defined delivery areas for all Orders.
7.2
Delivery Fee will be subject to the terms and conditions of the promotions being offered. Please refer to the COLLECTIONS / DELIVERY section for details.
7.3
There may be an increase in the Delivery Fees payable by you in relation to an Order if:
(a)
your Order is split and requires multiple deliveries due to:
(i)
re-delivery required.
(ii)
there are more than one location to deliver.
7.4
We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect to your Order and make reasonable endeavours to refund any money paid to us within fourteen (14) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Jia He E-shop is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

 

Delivery Time Frames
7.5
We cannot guarantee that Orders that are split will be delivered on the same day.
7.6
From time to time, Jia He may not be able to achieve the delivery time requested. You acknowledge and agree that notwithstanding anything else in this clause
(a)
Jia He cannot guarantee that delivery will occur in the delivery time requested
(b)
Delivery time frames may change from time to time due to unforeseen circumstances; and
(c)
Jia He is not liable with respect to any losses, damages, costs, expenses or injuries you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.7
During major sales events, your Order may experience a delivery delay. We will contact you if there will be significant delivery delay.

 

General Terms for Delivery
7.8
Delivery will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order where you require multiple delivery destinations.
7.9
At the time of the delivery, you may be asked to verify your payment details and that the items being delivered correspond to your Order.
7.10
You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fee for redelivery.
7.11
If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect your Order from Jia He. It is your responsibility to follow the instructions stated on the calling card.
7.12
Where you do not collect your Order from the specified location within 1 day of a failed delivery, you must call our Customer Service Centre on 6694 8988 or email us at enquiries@jiahe.com.sg for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.13
You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by calling our Customer Service Centre on 6694 8988 after placing your Order. This includes, without limitation:
(a)
Restricted access or parking for our truck;
(b)
Restricted or limited access to the premises; or
(c)
If you have narrow doors, spiral staircase or tight corners.
Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.
7.14
Upon delivery, you must check that the items delivered match your Order. If there is obvious damage to the items due to transit, you must contact our Customer Service Centre as soon as practicable on 6694 8988 or email us at enquiries@jiahe.com.sg. If the items are not as ordered, you may return the items to us in accordance with the Returns Policy. If items are missing from your Order, you may call our Customer Service Centre or return the Goods to us in accordance with the Returns Policy. You must let us know about any damaged, missing and incorrect items as soon as possible. You can otherwise return the items in accordance with the “Order cancellation and returns” section (clause 8) of these Terms and Conditions. Any items replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract a redelivery fee.
7.15
Insurance and express delivery is not available in respect of your Order.

 

8.1
Risk and title in the Order passes to you on the date and time of delivery of the Order to the Delivery staff.

 

9.1
Unless provided for under these Terms of Use, no cancellations or changes to Orders will be accepted, and the items will be delivered to the stated Delivery Address in accordance with these Terms of Use. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return the items in accordance with the Returns Policy.
9.2
Items can only be returned under these Terms of Use  and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3
The following terms apply in addition to the Returns Policy for purchases from Jia He:
(a)
Food items purchased from Jia He  will not be refunded or exchanged, unless required by Law.
9.4
If you would like to make a return under the Returns Policy and you do not live near a Jia He restaurant, call the Customer Service Centre on 6694 8988 or email us at enquiries@jiahe.com.sg to organise an alternative arrangement.
9.5
Where we reject or cancel your Order under these Terms of Use, we will refund the Price of the Order to you in accordance with these Terms and Conditions. We will use reasonable endeavours to refund any money paid to us within fourteen (14) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Jia He is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.6
It is a condition of Visa and MasterCard schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Jia He E-shop is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

 

10.1
The Order, Price and promotions that are offered on the Website may not correspond to those for dine-in at Jia He restaurant for instance where there may be different loyalty and online promotions running concurrently.
10.2
Jia He does not price match.
10.3
All references to times in promotions are based on the local time in Singapore unless stated otherwise.

 

11.1
Additional terms and conditions apply with respect to the use of Dining Vouchers you purchase from the Website.
11.2
Dining Vouchers are treated like cash. Lost or stolen vouchers will not be replaced or refunded. Dining Vouchers cannot be used for the payment of online purchase and outdoor catering services. Dining Vouchers are not redeemable for cash and cannot be exchanged.
11.3
Dining Vouchers expire six months from the issue date. For the avoidance of doubt, this is the date in which Jia He issued the Dining Voucher and not the date you received the Dining Voucher. Any unused amount after the expiry date of the Dining Voucher will not be refunded or credited.
11.4
Dining Vouchers are to be used for the purchase of goods and services at Jia He in Singapore (some exclusion may apply). Gift Cards cannot be used as a form of payment for purchases made on Website.
11.5
For more information, please call 6694 8988.

 

12.1
Personal information, such as your contact details, that you provide us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Jia He’s Privacy Policy.

 

13.1
You represent and warrant to Jia He that: expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms of Use.
13.2
Subject to any rights you have under any consumer protection law, Jia He excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use. You are entitled to certain rights under consumer protection law that cannot be excluded.
13.3
Our liability to you for losses or damages of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you cause or contribute to the losses or damages.

 

14.1
Jia He reserves the right to, at its discretion, terminate these Terms of Use and your access to and use of the Website:
(a)
for convenience, at any time, upon provision of notice to you;
(b)
immediately:
(i)
if Jia He reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or  
(ii)
if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied)

 

 

15.1
Jia He reserves the right at all times to make changes to these Terms of Use. Any variations to these terms and conditions will take effect from posting on the Website. The Terms of Use which apply at the time of Order are those that govern your relationship with Jia He with respect to that Order.
15.2
Jia He may give notice to you by electronic mail. You may give notice to Jia He by electronic mail to our Customer Service Centre.
15.3
Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.4
A failure or delay by Jia He to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by Jia He does not prelude its future exercise or the exercise of any power or right.

 

Liability

The photographs and texts illustrating and describing the items on this Website are non-contractual and for information purposes alone. Jia He shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.

To the extent permitted by law, this Website is provided to you on an "as-is" and "as available" basis and Jia He makes no representation or warranty of any kind, express or implied, regarding the content or availability of our Website, or that it will be timely or error-free or that defects will be corrected.

Without limiting the scope of these Terms of Use and to the extent permitted by applicable law, no claim of any kind, whether as to items delivered or non-delivery of items, use of or your inability to use our Website, or any loss of profit, loss of business, business interruption, or loss of business opportunity, or otherwise, shall be greater in amount than the purchase price of the Order in respect of which damages are claimed. In no event shall Jia He liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Jia He), capable of arising in connection with its items, their use, sale or this Website.

Nothing in these Terms of Use shall operate so as to limit or exclude the liability of Jia He or the customer to the other for death or personal injury arising out of negligence, fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited by law.

The provisions in this Clause (Liability) shall survive and shall not be rendered ineffective by the termination or expiry of these Terms of Use for any reason whatsoever.

 

Accuracy of Information on Website

While we endeavour to ensure the accuracy and completeness of information provided on this Website, we are not responsible if the information provided is inaccurate or incomplete. Any reliance on the information provided is at your own risk. You acknowledge and agree that you are responsible for checking the Terms of Use for updates.

 

Intellectual Property Rights

All copyrights, trademarks and other intellectual property rights in all text, images and other materials on this website belong to Jia He or are rightfully licensed from the relevant owners. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Website in any way except for your own personal, non-commercial use.

 

Links to Third Party Sites

This Website contains links that may take you outside the Website. You acknowledge and agree that Jia He cannot be responsible and accepts no liability for the content, accuracy or function of these third party websites. We recommend that you make yourself aware of and carefully read the legal and privacy notices of all third party websites that you visit.

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any dispute or claim arising out of or in connection with these Terms of Use, your Order, or the Delivery Service, (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of Singapore courts.