This Agreement (in addition to the SGMusic Terms of Use and the Privacy Policy) governs your access to and purchase of Products from SGMusic or from Sellers (as applicable) on ThePiano.SG Online Store through your account and is an agreement between you ("you" or the "Buyer") and SGMusic Pte. Ltd. ("we", "us" and "SGMusic"). By using ThePiano.SG Online Store, you agree to be bound by this Agreement, any other Applicable Terms and all the disclaimers and terms and conditions that appear elsewhere on ThePiano.SG Online Store. SGMusic reserves the right to amend any terms and conditions without prior notice.
A. Sale of products to you by SGMusic on ThePiano.SG Online Store
These Terms and Conditions govern your purchase of Goods from SGMusic Pte. Ltd. ("SGMusic") through its online storefront at www.thepiano.sg/store ("ThePiano.SG Online Store"). By using ThePiano.SG Online Store, you AGREE to be bound by its CONDITIONS OF USE (set out below), LEGAL POLICY, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on www.thepiano.sg ("ThePiano.SG website"). SGMusic reserves the right to amend any terms and conditions without prior notice.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
- Definitions
In these terms and conditions, "we" and "us" means SGMusic and "you" means the person, firm or corporation purchasing the Goods indicated in your Sales Order. Unless the context requires otherwise, words spelt with initial capitalised letters are defined terms and shall bear the meanings set out in these terms and conditions. Except to the extent that the subject matter or context may otherwise require in these terms and conditions, (i) expressions including the singular may indicate the plural and vice versa, (ii) expressions indicating any particular gender may indicate all other genders and (iii) expressions indicating bodies corporate may also indicate natural persons and vice versa. - Defined Terms. In these terms and conditions:-
- "Acknowledgement" means our email acknowledgement of receipt of your Sales Order.
- "Agreement" means these terms and conditions together with your Sales Order and the Sales Confirmation;
- "SGMusic" means SGMusic Pte Ltd;
- "Site" means our website at www.thepiano.sg
- "Goods" means any product listed on the ThePiano.SG Online Store and for the purposes of these terms and conditions includes services;
- "Invoice" means the invoice issued by us to you showing the price of your Goods and which is your proof of purchase;
- "Price" means the price ascribed to any Goods as set out in ThePiano.SG Online Store or as intended by SGMusic to be set out in ThePiano.SG Online Store, as appropriate
- "Sales Order" means the electronic purchase you made on www.thepiano.sg
- "Sales Order Number" means your Goods confirmation number issued by us to you upon our acceptance of your Sales Order.
- Only persons aged 18 years and above may submit the Sales Order or make any orders, purchases or any other form of request on ThePiano.SG Online Store.
- Payment
- Sales Order
- All Sales Orders submitted to SGMusic through ThePiano.SG Online Store are subject to our acceptance. Sales Order acceptance and the completion of the contract between you and SGMusic will take place on the dispatch to you of the purchased Goods, and until that time we reserve the right to reject your Sales Order. SGMusic shall be entitled to cancel or terminate the obligations to fulfill any Sales Order, for any reason whatsoever, even after a Sales Order is confirmed by, and paid for by the customer, with or without notice and we shall not be liable to any party for such termination or cancellation.
- In such event, we shall refund to the customer the price of the Goods purchased.
- Payment Terms
- Unless otherwise stated, all Prices quoted are exclusive of goods and services tax. SGMusic is not a GST-registered company.
- Unless otherwise stated, all payments to be made through ThePiano.SG Online Store shall be made using credit card payment (where you are the cardholder of that card) or as we may from time to time allow so and shall be made in accordance with such procedures as we may from time to time specify.
- You may also use our electronic digital coupons during payment. Digital coupons will be issued with their own set of conditions and they are specific to each version of the coupon. Please refer to the specific terms that come with the usage of digital coupons.
- Payment Processing
- Payment options ranging from VISA® and MASTERCARD® credit card are accepted at ThePiano.SG Online Store.
- Using Promotional Codes
- We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this ThePiano.SG Online Store.
- Only one promotional discount code can be applied to an order. Promotional discount codes reflected on digital coupons are debited at the time an order is placed. Digital coupons will automatically be redeemed against purchase totals, up to the total purchase amount.
- Digital coupons must be used prior to their noted expiration date and within a single transaction.
- Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase.
- In the event where the total purchase value is below the coupon value, the excess value of the coupon will not be refunded.
- Coupon will not be applicable with any other promotions that may be promoted in ThePiano.SG Online Store, unless otherwise stated.
- The terms and conditions stated in each digital coupon shall be final and conclusive.
- Sales Order
- Errors on Our Site
- Prices and availability of Goods are subject to change without notice.
- Errors will be corrected where discovered, and SGMusic reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a Sales Order has been submitted and whether or not the Sales Order has been confirmed and your credit card charged.
- If your credit card has already been charged for the purchase and your Sales Order is cancelled, SGMusic will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
- If you are not fully satisfied with your purchase, you may return it in accordance with the terms set out in "Cancellations, Exchanges and Returns" below.
- Delivery & Collection Conditions
- Delivery charges, if applicable, will be displayed before you are asked for payment details.
- Delivery charges will be added to the price of your Goods and reflected in your Sales Order. All Goods purchased from us will only be delivered to addresses within Singapore. No delivery will be made outside Singapore or to post office boxes.
- Cancellations, Exchanges & Returns
- If you're not completely happy with the product you purchased, you can bring it to any upcoming Pianovers Meetup, within a period of 30 days (from date of purchase/delivery, whichever is later) for sealed items or a period of 14 days for opened boxes. Please bring along the sales confirmation email at the time of return/exchange.
- Bring the product (excludes display set items) back in its original condition, including the box, with the guarantee card, if any, and your valid purchase receipt from SGMusic.
- On returning the goods, please note that free gifts, vouchers, accessories associated with the purchase must also be returned at the same time.
- In the event of a cancellation with no exchange in product, a refund will be given in the same mode of payment that was used in the original purchase.
- Certain categories of products cannot be exchanged. Personal Care Products, Headsets and Earphones, Health and Fitness products, Apparels, Accessories, Beauty and Body products are not allowed for exchange due to hygiene reasons.
- If delivery has taken place, then the refund will exclude delivery charges paid.
- Sales Cancellation
- SGMusic reserves the right to refund you the Price of any Goods which has been paid and received by SGMusic, even after the relevant Sales Order is confirmed and payment has been received by us, in lieu of delivery or supply of such Goods.
- Exchange / Return Policy
- In accordance with the Consumer Protection (Fair Trading) Act, SGMusic reserves the right to prove (or, if the breach appears more than 6 months after delivery, require you to disprove) that the product was of satisfactory quality and otherwise complied with the terms of purchase at the time of delivery.
- Bring the product back, with the guarantee card, if any, and your valid purchase receipt from SGMusic.
- On returning the Goods, please note that free gifts, vouchers, accessories associated with the purchase must also be returned at the same time.
- If the repair or replacement is not reasonably possible or cannot be done within a reasonable period of time and without significant inconvenience to you, you may keep the defective Good and ask for a partial refund, or return the defective Good and ask for a full refund. Please note that the amount of the full refund will take into account the Good's current state resulting from your use.
- If delivery has taken place, then the refund will exclude delivery charges paid.
- Beauty & Body Products, Apparel and Accessories, Health & Fitness products and Earrings are not subject to the Exchange / Return policy due to hygiene reasons. You may contact us for additional information.
- In the event of a refund, the Price paid with respect to the relevant Goods shall automatically be refunded to the credit card with which the purchase was made. If delivery has taken place, refunds will exclude the delivery charges paid.
- Please note the normal processing time for refund requests is 4 - 6 weeks from date of request.
- Title; Risk of Loss
- Title to, and risk of loss of or damage to, Goods purchased shall pass to you upon delivery of the purchased Goods to you.
- Product Warranty
- With respect to SGMusic branded Goods, we make no warranties except those stated in the SGMusic warranty card supplied with your Goods, or in the case of any extended warranty issued by us, such extended warranty documentation, for which provisions, terms and conditions are incorporated herein by reference. Such warranty does not cover software purchased hereunder. You hereby agree to refer to the relevant software license for the warranties which apply to your software.
- With respect to non-SGMusic branded Goods, such Goods are supplied and sold on an "as is where is" basis, unless the manufacturer, or supplier, of such Goods has issued a warranty in respect of such Goods, in which case such Goods are supplied and sold with the warranties issued and granted by the manufacturer, or supplier, of such Goods only. You hereby agree to look solely to such manufacturer, or supplier, for any claims related to such warranties.
- Limitation of Liability
- These terms and conditions set out the full extent of our obligations and liabilities, in respect of the supply of the Goods and performance of any services in relation thereto, and that there are no other warranties, conditions or terms that are binding on us, except as expressly stated herein. Any warranty, condition or term concerning the Goods which might otherwise be implied or incorporated in these terms and conditions by statute, common law or otherwise is hereby expressly excluded. Notwithstanding the foregoing, nothing in these terms and conditions (a) excludes, restricts or modifies any condition, warranty, right or liability implied into these terms and conditions (including any condition, warranty, right or liability imposed by the Unfair Contracts Terms Act (Cap. 396)) where to do so is illegal or would render any provision hereof void; or (b) shall limit or exclude any liability for death or personal injury caused by our negligence.
- Subject to the foregoing, we shall not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability hereunder whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the price of the Goods paid by you to us.
- Product Display/Colors
- ThePiano.SG Online Store attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Where there are accessories or furnishings included in the product image, they are used purely for illustration purposes and will not be included in the final sale of the product.
- Reviews, Comments, Communications and Other Content
- Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or any other matter. SGMusic reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- If you do post content or submit material, and unless we indicate otherwise, you grant SGMusic a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SGMusic and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SGMusic for all claims resulting (whether directly or indirectly) from content you supply. SGMusic has the right but not the obligation to monitor and edit or remove any activity or content. SGMusic takes no responsibility and assumes no liability for any content posted by you or any third party.
- In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly.
- Variation
- We reserve the right to amend, vary and change these terms and conditions at our discretion at any time without any notice to you. Each time you use the ThePiano.SG Online Store, you should visit and review the then current Terms of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with ThePiano.SG Online Store, its content or Terms of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using ThePiano.SG Online Store. Your continued use of ThePiano.SG Online Store and submitting of any Sales Order or other request to us shall be construed as your acceptance of any such amendments, variations and changes to these terms and conditions.
- Disclaimers
- By using ThePiano.SG Online Store, you expressly agree that use of ThePiano.SG Online Store is at your sole risk. ThePiano.SG Online Store is provided on an "AS IS" and "as available" basis. Neither SGMusic nor affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of ThePiano.SG Online Store will be uninterrupted or error-free. Neither ThePiano.SG Online Store nor its Associates warrant the accuracy, integrity or completeness of the content provided on ThePiano.SG Online Store or the products or services offered for sale on ThePiano.SG Online Store. Further, ThePiano.SG Online Store makes no representation that content provided on ThePiano.SG Online Store is applicable to, or appropriate for use in, locations outside of the Republic of Singapore. SGMusic and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by ThePiano.SG Online Store or its Associates shall create a warranty.
- Under no circumstances shall SGMusic or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use ThePiano.SG Online Store, including but not limited to reliance by you on any information obtained from ThePiano.SG Online Store that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of SGMusic has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through ThePiano.SG Online Store.
- Entire Agreement
- These terms and conditions together with your Sales Order constitute the entire agreement between us and you in relation to your purchase of the Goods and supersede any and all statements or other agreements (oral or written) between you and us.
- Termination of Use
- SGMusic may, in its sole discretion, terminate your account or your use of ThePiano.SG Online Store at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. SGMusic reserve the right to change, suspend or discontinue all or any aspects of ThePiano.SG Online Store at any time without prior notice.
- Contracts (Rights of Third Parties) Act (Cap. 53B)
- A person who is not a party these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of these terms and conditions.
- Governing Law
- These terms and conditions shall be governed by the law of Singapore. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore.
- Exclusivity of Product
- Not all products available online are available in stores. Online products, variants, pricing and availability may vary from stores.
B: Sale of products to you by Sellers on ThePiano.SG Online Store
- Price of Products, Taxes and Delivery Charges
- For Products offered for sale on ThePiano.SG Online Store by Sellers, Products are offered for sale at a fixed price ("Seller Products"). The price of any Seller Products (including the applicable delivery charge) are displayed inclusive of any customs, import, export, and excise duty, GST and other taxes which may be applicable and Sellers may not charge or seek to charge the Buyer, or allow the Buyer to be charged, for any customs, import, export, and excise duty, GST or other taxes which are additional to the price displayed for the Seller Products on ThePiano.SG Online Store.
- Sellers may charge Buyers a delivery charge and such a charge will be displayed by the Seller. Delivery charges will be displayed before you are asked for payment details.
- Product Sales and Delivery
- SGMusic will confirm your order for a Seller Product with the relevant Seller.
- Products must be shipped by Sellers and en route to Buyers within the following timelines:
- For Sellers established in Singapore: Within five to ten Business Days from receipt of the order confirmation
- For Sellers established outside of Singapore: Within one month from the receipt of the order confirmation
- Sellers must provide a full refund to any Buyer who remits payment, if the item cannot be shipped in accordance with this Section 2. Sellers must provide the refund promptly via their SGMusic User Account, but in no case later than thirty (30) days following the date on which the order was confirmed or three (3) calendar days after the maximum estimated delivery date stated on ThePiano.SG Online Store at the time of the order (as the case may be).
- Unless you expressly agree otherwise with the Seller, the following terms and conditions will apply to the contract between the Buyer and Seller for the sale of the relevant Product (the "Seller Product Sale Contract").
- All postage, customs, import, export and excise duty, GST and any other taxes associated with the Product Sale (if applicable) will be paid by the Buyer and it is the Seller's responsibility to determine, collect and remit the applicable GST, customs, import, export and excise duties and any other taxes associated with the Product Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold using the Service must be displayed inclusive of any customs, import, export and excise duty, GST and any other taxes associated with the Product Sale, which may be applicable and Sellers will not charge or seek to charge the Buyer, or allow the Buyer to be charged, for any customs, import, export and excise duty, GST or other taxes which are additional to the price displayed for the item on ThePiano.SG Online Store.
- Buyers are required to pay Sellers in the currency in which the Product Sale is listed.
- The Seller Product Sale Contract will be subject to any warranties implied under applicable Regulations.
- The Seller Product Sale Contract will be governed by the laws of Singapore. Any claim or dispute relating in any way to the Product Sale Contract shall exclusively be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the "SIAC Rules"). The arbitration shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the SIAC Rules. The seat of the arbitration is Singapore. The Tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English.
- Inspection of Products by Buyers
- Buyers must inspect any item purchased from a Seller immediately upon receipt to ensure that it accords with any description given by the Seller in the item's listing and to ensure that the Product is safe.
- SGMusic's Role
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SGMusic sells Products on ThePiano.SG Online Store. SGMusic also allows Sellers to list and sell their Products on ThePiano.SG Online Store. For every Product, ThePiano.SG Online Store will indicate whether SGMusic or a Seller is selling the Product, and in the case of a Seller, ThePiano.SG Online Store will identify the Seller.
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SGMUSIC IS NEITHER THE BUYER OR THE SELLER OF PRODUCTS IF A PRODUCT IS SOLD BY A SELLER ON THEPIANO.SG ONLINE STORE. If a Product is sold by a Seller, SGMusic is the platform provider and helps facilitate transactions between the Seller and the Buyer. SGMusic provides a venue for Sellers and Buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for Products is solely between the Buyer and the Seller. SGMusic is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is SGMusic the Seller's or the Buyer's agent. The Seller is responsible for the sale of the Products and for dealing with any Buyer claims or any other issue arising out of or in connection with the contract between the Buyer and Seller.
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SGMusic wants the Buyer to have a safe buying experience. Therefore SGMusic requires the Sellers to comply with the terms of the Exchange, Return and Refund Policy in addition to any contractual or other rights.
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- Termination
- SGMusic may, in its sole and absolute discretion, terminate this Agreement, access to ThePiano.SG Online Store or any current Seller Product Sale without notice if you breach any of the terms of this Agreement or any of the other terms and conditions in place between you and SGMusic. Upon termination, all rights and obligations of the parties under this Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any orders placed prior to such termination for items listed by a Seller on ThePiano.SG Online Store.
- SGMusic's Rights
- SGMusic retains the right to, if it considers it appropriate: immediately halt any Seller Product Sale; prevent or restrict access to ThePiano.SG Online Store; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on ThePiano.SG Online Store. SGMusic reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable.
- You agree that SGMusic shall be entitled to retain for itself the interest, if any, paid on balances in all its bank accounts, notwithstanding that some of that interest may be attributable to the time taken for the exercise of the rights, and the performance of the obligations, under this Agreement.
- Data Protection and Privacy
- SGMusic uses your personal data in the manner set out in our Privacy Policy which is incorporated into this Agreement by reference. By using ThePiano.SG Online Store, you consent to the collection and use of your personal data by SGMusic in the manner set out in the Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on the Privacy Policy page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Policy frequently for changes.
- No Warranties
- Disclaimer of warranties
- ThePiano.SG Online Store is provided on an "as is" basis. SGMusic makes no other representations or warranties of any kind, express or implied, including without limitation: (a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that ThePiano.SG Online Store will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) the information, content, materials or products included on ThePiano.SG Online Store will be as represented by sellers, available for sale at the time of listing, lawful to sell, or that sellers will perform as promised; (d) any implied warranty arising from course of dealing or usage of trade; and (e) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of SGMusic. To the full extent permissible under applicable law, SGMusic disclaims any and all such warranties.
- General release
- SGMusic is neither the buyer nor the seller of the seller's items. If a dispute arises between you and any seller, you release SGMusic (and its employees, representatives and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Disclaimer of warranties
- Limitation of Liability
- except as set out in (2) below, to the fullest extent permitted at law, SGMusic will not be liable (whether in contract, tort (including negligence), or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with this agreement, ThePiano.SG Online Store, the inability to use ThePiano.SG Online Store or those resulting from any products or services purchased or obtained or transactions entered into through ThePiano.SG Online Store, whether or not SGMusic has been advised of the possibility of such damage.
- SGMusic does not exclude any liability for death or personal injury to the extent only that it arises as a result of the negligence of SGMusic, its employees, agents or authorised representatives.
- GST and other taxes on the Sale of Products by Sellers
- It is the Seller's responsibility to determine whether GST, customs, import or export duties, excise taxes or other taxes apply to the sale of the Products to you and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. The price stated by any Seller for any Product offered on ThePiano.SG Online Store is inclusive of any GST, customs, import or export duty, excise tax or other tax that the Seller may be required to remit in connection with such sale.
- SGMusic is not obliged to determine whether GST or other taxes apply to any sale of any Product by a Seller to a Buyer on ThePiano.SG Online Store and is not responsible for collecting, remitting or reporting any GST or other taxes arising from such sale.
- Payments
- You must pay for a Product purchased on ThePiano.SG Online Store. You may do this with any major credit or debit card accepted on ThePiano.SG Online Store under the terms and conditions published at the time of order processing.
- CASH ON DELIVERY WILL NOT BE ACCEPTED AS A PAYMENT METHOD.
- After the credit or debit card charge is approved, and the Buyer's order is confirmed to the Seller, the Seller is obliged to dispatch the item sold in accordance with Section 2 of this Agreement. The Buyer must resolve any dispute directly with the Seller. Sellers shall not invoice Buyers, and Buyers must not accept Seller's invoices. All refunds for purchases made via ThePiano.SG Online Store must be initiated by the Buyers and may only be accepted by Sellers via ThePiano.SG Online Store.
- Exchanges, Returns, and Refunds
- If Buyers want to exchange a Product or return a Product for a refund, they should contact the Seller via ThePiano.SG Online Store. SGMusic requires the Sellers to comply with the terms of the Exchange, Return and Refund Policy in addition to any contractual or other rights. However, Sellers may offer additional rights to Buyers and therefore Buyers should contact Sellers via ThePiano.SG Online Store to find out more about what (if any) additional rights the Seller offers.
- Buyer's Fees
- Although SGMusic does not currently charge Buyers any fees to use ThePiano.SG Online Store, it reserves its right to do so in the future.
- Prohibited Acts
- Buyers must not:
- whether by themselves or in conjunction with other users or visitors, manipulate transactions in ways that are unfair to other users or visitors; and
- use ThePiano.SG Online Store in the contravention of any applicable Regulations nor permit or assist others to do so.
- Buyers must not:
- Availability of Products
- Not all Seller Products available on ThePiano.SG Online Store are available from SGMusic on ThePiano.SG Online Store or in SGMusic Stores. Products, variants, pricing and availability may differ between Seller Products, SGMusic's Products on ThePiano.SG Online Store and SGMusic Stores.
- No Third Party Rights
- SGMusic is not your trustee or agent. Nothing expressed in or implied from this Agreement is intended or shall be construed to give to any person other than the parties any legal or equitable right under this Agreement.
- Force Majeure
- We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
- Suggestions and other information
- If you provide suggestions, comments, ideas, improvements or other feedback or materials to us in connection with ThePiano.SG Online Store, we will be free to use, disclose, reproduce, modify, licence, transfer and otherwise exploit any of the foregoing information or materials in any manner and without any further obligation to you, including any payment obligation.
- Our Communications and Notices to You
- We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated in your registration for your user account, or by any other means then specified by SGMusic. You may change your e-mail addresses by updating your information for your user account. You must send all notices and other communications relating to this Agreement and ThePiano.SG Online Store to us only by using the applicable tools and methods that we designate on ThePiano.SG Online Store.
- Assignment and Delegation
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. SGMusic may transfer, assign or delegate its rights and obligations at its sole discretion and without notice.
- No Waiver
- Our failure or delay in exercising any (or any part of a) right or remedy provided by law or under this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
- Order of priority and language
- If there is any conflict between any of: (a) the Policies; (b) the ThePiano.SG Online Store Buyer Agreement; and (c) the SGMusic Terms of Use, then the term falling into the first category in this list will prevail.
- The authentic language of this Agreement is English and any translations provided are for convenience only. If there is any conflict between the English language version of this Agreement and any translation, then the English language version will prevail. You agree we may communicate with you in English during the term of this Agreement.
- Entire Agreement and severance
- This Agreement represents the entire agreement between the parties with respect to ThePiano.SG Online Store and the related subject matter and supersedes and extinguishes all previous or contemporaneous oral or written agreements and understandings. You acknowledge that in entering into this Agreement you do not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. If any provision of this Agreement or the Policies is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions in this Agreement or the Policies (as applicable).
- Governing Law and Jurisdiction
- The laws of Singapore govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any claim or dispute relating in any way to your use of ThePiano.SG Online Store or to this Agreement shall exclusively be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the "SIAC Rules"). The arbitration shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the SIAC Rules. The seat of the arbitration is Singapore. The Tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English.
- Amendments to this Agreement and the Policies
- SGMusic may, from time to time and in its sole discretion, amend this Agreement and the Policies to the extent permitted by applicable Regulations.
- SGMusic will post a notice of all such changes on ThePiano.SG Online Store (or by e-mail or by other electronic message) at least fourteen(14) days before the changes are effective. SGMusic will specify the effective date of the changes in the notice. You must regularly check ThePiano.SG Online Store to understand the current Agreement and Policies.
- YOUR CONTINUED USE OF THEPIANO.SG ONLINE STORE AFTER SGMUSIC POSTS OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
- IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THEPIANO.SG ONLINE STORE.