Welcome to the SAKANA online store!
This website is operated by sakana-ots-sg. Throughout the site, the terms “we”, “us” and “our” refer to sakana-ots-sg. Sakana-ots-sg offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
These terms were last updated 04 July 2020.
SECTION 1 - ONLINE STORE TERMS
- your actions;
- any charges associated with your use of any of the Services or purchase of Products; and
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not obligated by any delivery order(s) until we have accepted it;
- We will issue you an email receipt as the confirmation of your order and this will serve as the prove of acceptance of your order by us;
- we reserve the right to accept, cancel or refuse your order for any reason at any time including, without limitation, the unavailability of any products, an error in the price or the description of products on this Website, an error in your order or where it deems that any transaction is fraudulent or suspects that it is fraudulent; and
- orders accepted by us may not be cancelled or altered in whole or in part by you without prior written consent from us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – YOUR OBLIGATION
Upon placing an order for products with us, defined by clicking Check out and proceeding to pay for your order, you are legally obligated to ensure the completion of that purchase, subject to our acceptance. Upon placing an order, you must pay: the full-price and any stated handling and delivery charges for the ordered products; VAT on any taxable supplies; and any applicable Third-Party Charges. Upon placing an order for products with us, we will send you confirmation of our acceptance of your order to the email address that you have provided to us. Nothing in these Terms bound us compulsorily to accept any specific order; including cases where any products have been discontinued or are out of stock.
We will refund to you an amount that you have paid to us (**Shipping costs are non-refundable.**), excluding any Third-Party Charges, only: where we have received payment from you in relation to an order that we do not accept; in the circumstances set out in our Refund Policy available on our Website; or as required by law. Any amounts payable by us to you by crediting the credit card or account from which your payment was made, will be remitted by us.
- RECOVERY OF DEBTS AND OTHER
You will indemnify us for all Loss, including any costs of debt recovery, incurred by us as a result of your failure to pay any amount payable by you under these Terms. You will indemnify us for all Loss, including any storage costs, incurred by us as a result of your failure to take delivery when the products are made available to you. You are responsible for arranging and paying for all costs associated with any insurance of any products you purchase from us.
We will provide the best of our efforts to deliver orders in accordance with the delivery date and time slot selected by you during finalization of your order. Any time stated for the delivery serves only as an estimation. We are not liable to you or any other person for any failure to meet a stated time for delivery and any of such failure does not affect your obligation to pay for the products. Deliveries are subject to our further delivery terms set out in our Delivery Information policy available on our Website. If you request for us to deliver the products to another person, or if a person other than you takes possession of the products at your requested delivery address, that person in possession of those products acts as your representative and you remain fully liable to us under these Terms despite delivery to that other person.
- RISK AND TITLE
Whether or not you received the delivery, the Risk in the products passes to you when we make the products available to you at your designated delivery address in accordance with these Terms. Subject to our receipt in full of your cleared payment for the products, the title in the products passes to you on actual delivery.
- COMPLIANCE WITH LOCAL LAWS
We currently supply products within Singapore only. You are responsible at your own cost for determining and ensuring that your purchase of the products, and our supply of the products to you, complies with all applicable laws, including any laws that restrict or prohibit the purchase or supply of alcohol or other foodstuffs.
We do not warrant, guarantee, and/or represent that any particular foodstuffs and/or recipes are suitable for any particular purpose, including without limit, that any food is suitable for consumption by persons with allergies. You hereby acknowledge that you are solely responsible for any food consumed by yourself do not contain any material or traces of food that you may be allergic to.
Our fish products may still contain some bones and/or its fragments, even though it is stated as deboned. We have made every effort to debone as much as possible. However, you hereby agree that it is your responsibility to inspect for and remove any possible bone and/or its fragments before consumption.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall sakana-ots-sg, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
SECTION 16 - SEVERABILITY
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 18 - ENTIRE AGREEMENT
SECTION 19 - GOVERNING LAW
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the courts of Singapore in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceable or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and any purchase of products, and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. You have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
SECTION 20 – DISPUTES
Before taking any legal court action, you and we must provide to the best efforts to resolve any dispute under, or in connection with, these Terms or your purchase of any products, through negotiations in good faith. Each party must, to the extent possible, continue to perform its obligations under these Terms even if there is a dispute.
SECTION 22 - CONTACT INFORMATION