General

1.In these Terms and Conditions the following expressions shall have the following meanings:

•Customer" shall mean you and all other persons who purchase the products under your order details.

•Intellectual Property" shall mean all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, whether or not registered or registrable by any means, and the right to file an application for registration there of.

•Product/Products" shall mean any and all the products for sale by Giant.

•Giant shall mean Cold Storage Singapore (1983) Pte Ltd who is the seller of the products by Giant.

•Giant shall mean this Internet site or catalogues owned by Giant and the medium by which Products are offered for sale by Giant to the Customer.

2.These terms and conditions shall prevail over any other document purporting to have a contractual effect including any Giant store policy.

3.All the Products sold by Giant through this site are sold subject to these Terms and Conditions. By submitting your order for processing by Giant, you confirm and affirm that you have read, understood and agree to the Terms and Conditions in the form in which they appear at the time your order is submitted for processing.

4.The Customer shall agree to complete the registration process according to Giant’s requirements as stated on this site. The Customer shall provide Giant with complete and updated information which shall include (but shall not be limited to) the Customer's legal name, address, telephone number(s) and e-mail address.

5.Online ordering to open only to residents in Singapore aged 18 and above. Giant has the absolute discretion to refuse the order of a potential customer for any reason whatsoever and to terminate the order of any of its customers for any reason whatsoever.

6.The Customer will be liable for every order made and agrees to indemnify Giant for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders for the Products using Guest Checkout. The Customer shall be responsible for updating his contact information.

7.The Customer may place his order via our website at : www.giant.sg/durian-buffet The Customer will receive a confirmation of receipt of order via e-mail. For clarification, such confirmation of receipt of orders does not guarantee stock availability.

8.For every order, Giant shall make every effort to fulfil orders placed by Customers through the Giant, but Giant shall not be liable to any person if Giant shall decline to fulfil an order for whatever reason, or if Giant is unable to supply an order because of an unforeseen change to the Products (as the case may be), or because the Products may be unavailable.

9.The Customer shall ensure that his order number is kept strictly confidential to prevent unauthorized use. Giant shall use its best endeavours to prevent any unauthorized amendments to the Giant internet site. However, Giant shall not be liable for any damages or losses whatsoever if any third-party gains unauthorized access to the Giant internet site.

PRICE

1.Giant shall make every effort to ensure that the prices, details and sizes of Products detailed by the Giant are correct, but Giant reserves the right to vary the price and other details of the Products without notice.

2.The prices advertised by the Giant are for home delivery shopping only. Prices for some Products may differ from those charged at Giant in-store. The price of certain Products, in particular fresh produce, is subject to daily fluctuation and is offered for guidance only.

3.Not all Products sizes will correspond exactly to the description offered online. Giant reserves the right to provide the nearest size of Product at the nearest price.

4.Discrepancies between the online bill/order price and the final bill may be due to out-of-stock products, substitutions, special offers, daily price changes and weighed items. Giant reserves the right to adjust the final bill after the on-line bill/order price is presented or conveyed to the Customer and such adjustments shall be marked on the final bill presented to the Customer at the time of store collection.

5.If the Customer requests a variation to the order which Giant accepts then the price payable for the order will be adjusted accordingly to reflect the variation and shall be recorded on the final bill presented to the Customer at the time of delivery.

6.Giant may from time to time set credit limits for individual Customers and Giant reserves the right to limit sales including the right to prohibit sales to re-sellers.

PAYMENT

1.Payment for Products ordered through Giant can be made by VISA card and Mastercard

2.Giant may change at any time the method by which payments for Giant orders may be effected and such changes may be notified to the Customer by e-mail, mail shots or by placing a notice to this effect on the Giant internet site.

PROPERTY RISK

1. All risk in the Products shall pass to the Customer upon self-collection but Giant shall retain title in the Products until such time as payment for the Products has been effected.

RETURNS OF PRODUCTS / REFUNDS

1. Product pictures provided on this site are provided to help recognise products. Due to packaging redesign and improvements these may not reflect exactly on the pack you receive. We take all reasonable care to ensure that all descriptions, details and prices of products appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order.

2. Giant shall use its best efforts to ensure that orders are correctly fulfilled. Should there be any discrepancy, please notify us either by e-mail at giant.sg@dfiretailgroup.com or call Giant hotline at 6891 8100. Returns/Refunds are strictly not allowed with exception of the following circumstances:

a.if any Product have been delivered in a damaged condition, or if the Product is out of date, or if a Product which was ordered and invoiced is not included during self-collection, Giant shall either refund the Customer the value of that Product, or replace the Product.

b.if any Product which was not included in the Customer's order is given to the Customer, Giant shall collect the Product from the Customer.

c.if the Customer has been charged for a Product which has not been collected, Giant shall refund the Customer the value of the Product as originally charged to the Customer.

d.If a Customer is charged more than the value of a Product, Giant shall refund to the Customer the difference.

3. All refunds will be made via the same mode of payment on which the original purchase was made within 5 working days.

4. All replacements of Products shall be effected in the shortest time possible.

WARRANTIES

1. To the extent permitted by law, all warranties, descriptions, representations, or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Products supplied, are expressly excluded.

2. No agent or representative of Giant is authorized to make any warranties, representations or statements regarding the Products and Giant shall not in any way be bound by any such unauthorized warranties, representations or statements.

LIABILITY

1.The liability of Giant whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Products or any other breach of Giant's obligations hereunder shall not in any event exceed an amount equivalent to the price of the Products.

2.Giant shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Giant be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons whatsoever.

3.The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Giant assumes no obligation or liability for any advice or information given with the Products and Giant shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by the Customer entirely at the Customer's risk.

SPECIAL PRODUCTS

1.If the Customer's order includes any liquor product the Customer warrants that he/she is not under the age of 18 years and is legally entitled to purchase any liquor product and that he/she is not under the influence of alcohol at the time of placing the order.

INTELLECTUAL PROPERTY

1.All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Giant shall at all times remain the property of Giant.

2.Giant and other parties own the trade marks, logos and service marks displayed on this site/catalogue and/or in connection with the Products and Customers and on-line visitors are prohibited from using the same without the written permission of Giant or such other parties.

FORCE MAJEURE

1.If the performance by Giant of its obligations under the Giant is prevented by reason of "force majeure" (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the government of Singapore or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Giant), Giant shall be excused from such performance to the extent of such prevention.

VARIATION OF TERMS AND CONDITIONS

1.Giant reserves the right to amend these Terms and Conditions in its sole discretion. Giant may, but does not undertake, to notify the Customer of such changes. It is the Customer's responsibility to review the Terms and Conditions prior to submitting any order and Giant shall have no responsibility to notify the Customer of any changes to the Terms and Conditions prior to the coming into effect of such changes or otherwise.

APPLICABLE LAW

1.These Terms and Conditions shall be governed by the laws of Singapore and the Customer and Giant agree to submit to the jurisdiction of the Singapore courts.

CONFIDENTIALITY

1.Giant does not sell, rent or lease its Customer lists to third party.

2.Personal data held by Giant relating to its Customers or to visitors to this site will be kept confidential unless Giant has Customer's consent otherwise but Giant may provide this information to third parties including but not limited to Giant advertisers, associated companies or trusted contractors/agents or other network operators who perform certain tasks for Giant in connection with the provision of Giant’s services to its Customers and to visitors to this site. All such third parties are prohibited from using Customer's personal data except to provide the requisite services to Giant and they are required to maintain the confidentiality of such data.

3.Any questions, comments, suggestions or information other than personal data sent or posted to this site, or any part of this site by online Customers and visitors will be deemed voluntarily provided to Giant on a non-confidential and non-proprietary basis. Giant reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufactured and marketing of products and services and to meet Customer needs.

4.Giant will disclose Customer's personal data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

a.Comply with legal process served on Giant or the site;

b.Protect and defend the rights or property of Giant; and

c.Act under exigent circumstances to protect the personal safety of users of Giant, the Giant internet site or the public.

SAFETY OF PERSONAL DATA

1. All reasonable efforts are made by Giant to ensure that any personal data held by Giant and Giant is stored in asecure and safe place and no unauthorised access will be made by Giant to Customer's computer or browser.

LINKS

1. The Giant internet site may contain links to other sites and pages. By activating a link, such as for example by clicking on the banner of an advertiser, the Customer leaves Giant’s site and Giant does not exercise control over any personal data or any other information the Customer gives to any other entity after leaving the site and access to such site or page is at the Customer’s own risk for which Giant disclaims all responsibility and liability.

CONTENT

1. All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, Giant disclaims all implied and/or express warranties and makes no representation as to the accuracy or completeness of any information on the site. Giant takes no responsibility and assumes no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint. (See also without limitation the words in capitals below)

SECURITY POLICY

1.Giant had established an information security policy for the prevention and detection of unauthorized access or misuse of information with the following methods:

a. Firewalls facility

b. Customers information and private transaction data are protected using 128-bit Secure Socket Layer (SSL) encryption. SSL encryption is an Internet security protocol used by Internet browsers to transmit sensitive information.

c. We test our systems periodically to ensure there are no possible breaches of our security and that our customers’ security and confidential policy information is not compromised in any way.

d. Should you encounter any virus outbreak, security breaches or received unsolicited mail, please call our Customer Service Hotline: (65)6891 8100 or write to the following address:

•Attn: IT Security Officer

•Tampines North Drive 2#03-01

•Singapore 528765

LIMITATION OF LIABILITY

1. By accessing and using this Giant internet site, the Customer acknowledges and accepts that the use of the site is at the Customer’s own risk. Giant shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:

THIS SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT. GIANT HAS NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. GIANT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE/CATALOGUE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CATALOGUE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

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