Terms & Conditions

SHIOKFARM TERMS & CONDITIONS

These Terms & Conditions govern your relationship with Love Roots Pte Ltd trading as “ShiokFarm” (a company registered in Singapore) and all subscriptions (“Subscriptions”) that you order for produce (collectively, "Products"), including fresh fruit and vegetables (“Fresh Products”) and/or wine (“Wine Products”), via the ShiokFarm website, www.shiokfarm.com (the "Website"). Please read these Terms & Conditions carefully as they affect your legal rights and obligations. If you do not accept these Terms & Conditions, please leave the Website and do not order any Subscriptions.


1. Purpose
ShiokFarm shall supply, and Members (defined below) shall purchase, Products in accordance with these Terms & Conditions. A “Member” means any person who completes the registration process set forth in Section 2 of these Terms & Conditions and is thereafter accepted and activated by ShiokFarm as a member of “ShiokFarm” for the sale and supply of Products on the terms and conditions contained herein.

2. Membership Registration

2.1 To be eligible to receive Products from ShiokFarm, a valid ShiokFarm membership is required.

2.2 Registration can be completed by following the instructions on the Website. To apply for registration, you must be eighteen (18) years of age or over and be a resident of Singapore. Wine Products listed on the Website are intended for consumption, and may only be purchased, by individuals who are eighteen (18) years and above.

2.3 For the registration process, certain personal information will need to be provided together with the following: (i) for Fresh Products Subscriptions, selected Bag Type (defined in Section 2.4) and your preferred Collection Point (defined in Section 5.1), and/or (ii) for Wine Products Subscriptions, selected Wine Box (defined in Section 2.5) and your Preferred Delivery Time (defined in Section 5.2).

2.4 “Bag Type” means the different Fresh Products bundles made available to Members from time to time as listed on the Website. ShiokFarm will use best commercial efforts to notify Members of the contents of each Fresh Products order to be delivered by Bag Type no later than the Saturday prior to the designated delivery date but reserves the right to make changes or substitutions at any time.

2.5 “Wine Box” means the different Wine Products bundles made available to Members from time to time as listed on the Website. ShiokFarm will use best commercial efforts to deliver the Wine Products as advertised but reserves the right to make changes or substitutions at any time.

2.6 A confirmation email will be sent to the email address you provide in your membership registration application once your application has been received by ShiokFarm.

2.7 You will receive a further confirmation email once your membership application has been accepted. Please note that there may be a waiting list. You will be notified once your membership is ready for activation.

2.8 To activate your membership, you will be required to do the following: (i) set up a direct debit facility via the Website for payment of the applicable Product Fees (defined in Section 4.1) for your Subscription(s) using ShiokFarm’s designated payment collection vendor, (ii) pay a Deposit (as provided in Section 3.1), and (iii) acknowledge your acceptance of these Terms & Conditions and the ShiokFarm Privacy Policy. In furtherance of (i), you must provide details of a valid credit or debit card bearing either the MasterCard or Visa symbol (“Registered Card”) to be used for payment of the applicable Product Fees. No other form of payment of Product Fees (including cash or cheque) will be accepted.

2.9 ShiokFarm will inform you of the date of your first delivery under each Subscription ordered when confirmation of your membership activation is provided. No Subscriptions shall be deemed accepted by ShiokFarm unless and until acceptance and activation of your membership registration has been confirmed in writing by ShiokFarm.


3. Deposit

3.1 Payment of a deposit (“Deposit”) is a condition of the activation of your ShiokFarm membership. The amount of the Deposit payable is provided on the Website and will be calculated based on your Subscription(s). Note that if your initial Subscriptions ordered includes both Fresh Products and Wine Products, you will be required to pay a Deposit for each Subscription (in other words, a separate Deposit will be payable for your Fresh Products and your Wine Products). For the avoidance of doubt, a Deposit shall only be payable once your membership has been accepted and will not be payable whilst you remain on our waiting list. Members who order an additional Subscription for Fresh Products and/or Wine Products at any time during their membership will be required to pay an additional Deposit for their new Subscription (this excludes where an existing Subscription is renewed). Deposits must be paid by bank transfer. No other form of payment of Deposits will be accepted. Payment details for Deposits will be emailed to you once your membership application is accepted and/or when you order a new Subscription.

3.2 In the event of cancellation of a Subscription, subject to ShiokFarm’s right to retain all or any portion of your Deposit to offset any unpaid Product Fees, ShiokFarm shall use best commercial efforts to refund your applicable Deposit within thirty (30) days of the end date of the relevant Subscription. ShiokFarm takes no responsibility for a Member’s failure to provide accurate bank details.

4. Product Fees and Payment

4.1 The monthly fees payable for Subscriptions for each Bag Type and Wine Box are listed on the Website (“Product Fees”). All prices are inclusive of charges for pick, pack and ship (i) to your assigned Collection Point in the case of Fresh Products, and (ii) to your registered address in the case of Wine Products.

4.2 ShiokFarm reserves the right, by giving written notice to Members to their registered email address, to increase the Subscription price of any Bag Type or Wine Box at any time to reflect an increase in ShiokFarm’s sourcing/delivery costs and/or other business-related expenses. If you do not wish to accept a price increase, you may cancel your relevant Subscription(s) with immediate effect (excluding any orders already processed for delivery) by emailing claire@shiokfarm.com within thirty (7) days of your receipt of a price increase notice.

4.3 Payments will be made on a monthly basis in advance. Your Registered Card will automatically be charged for your Subscription(s) on (i) the twentieth (20th) day of each calendar month for Fresh Products, and (ii) the twenty-fifth (25th) day of each calendar month for Wine Products. However, ShiokFarm cannot accept any liability for how long it takes the bank to process payment.

4.4 ShiokFarm reserves the right to suspend deliveries and/or to cancel your Subscription(s) if ShiokFarm is refused authority from your Registered Card issuer for payment or ShiokFarm reasonably believes that payment will be refused.

5. Delivery and Inspection

5.1. For Fresh Products, ShiokFarm makes delivery to a number of designated collection points located across Singapore listed on the Website which may be updated from time to time (each a “Collection Point”). Orders fulfilled under your Fresh Products Subscription(s) will be delivered to the Collection Point assigned to your membership. You are responsible for making suitable arrangements to collect your Fresh Products from your assigned Collection Point within the designated period. ShiokFarm must be notified in advance of any third party (e.g. your spouse and/or foreign domestic worker) authorized to collect your Fresh Products on your behalf (“Authorized Person”). Each Member may have up to two (2) Authorized Persons. You, an Authorized Person or a Substitute Member (defined in Section 6.2) must sign the order sheet at the Collection Point to verify collection of your Fresh Products. Any failure to collect your Fresh Products within the designated period shall result in the forfeiture/donation of your relevant order and no refunds will be provided. ShiokFarm reserves the right to close a Collection Point at any time. If a Collection Point is closed, affected Members will either have the right to be assigned a new Collection Point or to cancel their relevant Subscription(s) upon closure of the relevant Collection Point.

5.2 ShiokFarm will deliver Wine Products to the address registered on your ShiokFarm membership. You can update your registered address at any time by logging into the Website and visiting the “My Account” page. The delivery charges for Wine Products have been included in the relevant Product Fees. When ordering a Subscription for Wine Products, you will be asked to specify your preferred delivery time (“Preferred Delivery Time”). ShiokFarm will endeavor to deliver Wine Products within your Preferred Delivery Time. You accept the risk that occasionally, due to circumstances which we have not foreseen, delivery times may be outside your Preferred Delivery Time. ShiokFarm shall not be held responsible for any inconvenience or damage resulting from late delivery. Please note that Wine Products may not be delivered to any person under the age of eighteen (18) years. Please ensure that a person of eighteen (18) years of age or older with appropriate identification is present to accept delivery of any Wine Products. ShiokFarm reserves the right not to deliver any Wine Products to any person who is, or appears to be, under eighteen (18) years old. ShiokFarm and/or its logistics vendor will call the Member to arrange the Wine Box delivery between 9am and 6pm on weekdays. Delivery after 6pm on weekdays and on week-ends is possible but will be subject to a delivery charge of $15 and $30 respectively (cash on delivery). If Wine Products cannot be delivered due to no fault of ShiokFarm and/or its logistics vendor (for example, if no one is at the delivery location to receive the Wine Products during the designated Preferred Delivery Time), ShiokFarm or its vendor will call the relevant Member on the contact number provided on the Member’s account. If contact is made, re-delivery will be arranged for a time to be agreed with the relevant Member. If re-delivery is not made for any reason at the agreed re-delivery time due to no fault of ShiokFarm and/or its vendor, ShiokFarm reserves the right to cancel the relevant order (without refund) and/or charge a re-delivery fee. If contact cannot be made with the Member after the original delivery attempt, the Wine Products will be returned to ShiokFarm or its vendor’s warehouse and re-delivery will be attempted the following month. If the order is unable to be delivered the following month (due to no fault of ShiokFarm and/or its vendor), ShiokFarm reserves the right to cancel the relevant order (without refund). You may request, via the Website, at the time when your Wine Products Subscription is ordered that Wine Products be left on your doorstep if no-one is home. Instructions for unattended delivery will not be accepted by ShiokFarm at any other time (including on the day of a scheduled delivery). You agree that risk of loss of or damage to any Wine Products passes on delivery including where delivery is to an unattended location pursuant to instructions provided to ShiokFarm.

5.3 For Fresh Products, you must return the carrier bag(s) in which your Fresh Products are delivered to the designated Collection Point the following week. Please sign, or cause to be signed on your behalf, the order sheet at the Collection Point where indicated to confirm such return. In the event of any failure to return carrier bags, ShiokFarm reserves the right to charge Members a reasonable fee for their replacement.

5.4 You must inspect the Products as soon as possible after delivery and notify us promptly, latest within 24 hours after delivery, if you find any defects or damaged Products. ShiokFarm will replace any Products acknowledged by ShiokFarm to be defective and Members acknowledge and agree that no refunds shall be offered. ShiokFarm will not replace (i) or accept any responsibility for any defects caused by your misuse and/or neglect of the Products or by accidents caused while the Products are in your possession, or (ii) any Wine Products which are more than half empty. 


6. Vacation Form and Substitute Members

6.1 If you are unable to collect or receive delivery during any period of your Subscription(s) (for example, if you intend to take a vacation), you must complete and submit a Vacation Form (defined below) for the relevant Subscription(s) via the Website. The “Vacation Form” is available once a Member has logged into the Website and is a form that is used to advise ShiokFarm of any dates on which a Member is unable to collect or accept delivery of their Subscription(s), allowing the Member to either (i) appoint a Substitute Member (defined in Section 6.2) to collect or receive delivery of the relevant Subscription(s), or (ii) donate the relevant Subscription(s) to charity. For Fresh Products, a Vacation Form must be submitted not less than a week prior to the relevant collection and/or delivery dates. For Wine Products, a Vacation Form must be submitted at least three (3) working days before the end of the calendar month preceding the month in which the relevant delivery dates occurs.

6.2 If you would like a substitute Member to take over your Subscription(s) for any period of time, in addition to completing a Vacation Form as required pursuant to Section 6.1, you must arrange for a suitable third party to collect your Fresh Product Subscription(s) and/or receive delivery of your Wine Product Subscription(s) on your behalf (“Substitute Member”). You must provide the Substitute Member’s phone number and email address when you complete the Vacation Form as well as the exact dates on which the Substitute Member will be picking up and/or receiving delivery of your Subscription(s). You will inform any Substitute Members that ShiokFarm may contact them to provide relevant collection and/or delivery details for any Products that they will be collecting and/or receiving on your behalf. You acknowledge and agree that you shall be responsible for payment of all Product Fees for any of your Subscriptions that will be collected or received by a Substitute Member and you shall be responsible for making your own arrangements for reimbursement of such costs from the Substitute Member. ShiokFarm shall not be liable for any failure by you to collect such payment from a Substitute Member.

7. Subscription Modification and Cancellation Rights

7.1 Any changes to a Member’s Subscription(s) and/or designated Collection Point for Fresh Products Subscriptions shall be subject to ShiokFarm’s prior written approval and will require a minimum of two (2) months’ notice. Subject to your receipt of ShiokFarm’s written confirmation of any such modifications, such changes shall be effective from the first day of the calendar month following expiration of the applicable notice period unless otherwise notified by ShiokFarm. ShiokFarm will use reasonable endeavors to confirm any requested modifications within ten (10) working days. If you do not receive confirmation from ShiokFarm within such time, please email claire@shiokfarm.com to confirm receipt.

7.2 ShiokFarm may suspend or cancel your Subscription(s) immediately at our reasonable discretion if you breach any of your obligations under these Terms & Conditions.

7.3 ShiokFarm may suspend or terminate the service at any time, in ShiokFarm’s sole discretion, by written notice to its Members. Such suspension/termination may be due to supply and/or other issues. In the event of suspension pursuant to this section 7.3, Members shall have the right to cancel any affected Subscription(s) within seven (7) days of the announcement of said suspension and request the return of their deposit and any overpayment. 

7.4 You may cancel your Subscription(s) at any time upon two (2) months’ written notice by emailing claire@shiokfarm.com . Such cancellation will only be effective once you have received written acknowledgement of such cancellation from ShiokFarm. ShiokFarm will use reasonable endeavors to confirm any requested cancellation within ten (10) working days. If you do not receive confirmation from ShiokFarm within such time, please email claire@shiokfarm.com to confirm receipt.

8. Warranties, Liabilities and Force Majeure

8.1. Whilst ShiokFarm tries to ensure that information included on the Website and in other materials is correct, we cannot accept responsibility if, despite our endeavors, this is not the case. You acknowledge and agree that the weight and contents of each Bag Type and Wine Box as advertised is indicative only and ShiokFarm provides no guarantee as to the exact weight and/or contents of each Product order actually delivered.

8.2 The Website and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. ShiokFarm accepts no liability for functions contained on the Website and makes no warranty that the Website will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the Website is compatible with your computer equipment or that the Website or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of your use of the Website. Any websites or pages to which the Website is linked (other than other websites operated by ShiokFarm) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.

8.3 ShiokFarm assumes no liability for any adverse reactions (including allergic reactions, food poisoning etc.) that may occur, and shall not be liable for any incidental or consequential damages resulting, from consumption of our Products.

8.4 ShiokFarm’s liability in connection with the supply and purchase of Products shall not exceed the Product Fees paid to ShiokFarm by the relevant Member in question. Except for liability which cannot be restricted or excluded by law, ShiokFarm shall have no liability for any indirect or consequential damages (including loss of profits). Notwithstanding the foregoing, ShiokFarm’s liability for death or personal injury resulting from our negligence shall not be limited.

8.5 ShiokFarm shall not be liable for any delay or failure in the performance of our obligations hereunder due to events beyond our reasonable control such as, but not limited to, fire, flood, adverse weather, acts of God, strikes, labor disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

9. Term
Subject to the cancellation of a Subscription pursuant to these Terms & Conditions, the term of each Subscription ordered shall be six (6) months commencing from the date on which you receive your first order under the relevant Subscription; provided, however, that the term of such Subscription shall automatically renew for successive periods of six (6) months unless otherwise cancelled.

10. Amendments
ShiokFarm may update these Terms & Conditions from time to time by posting the updated Terms & Conditions on the Website. Any such changes will apply once written notice to a Member’s registered email address has been provided. If you do not wish to accept the revised Terms & Conditions, you may cancel your Subscription(s) with immediate effect (excluding any orders already processed for delivery) by emailing claire@shiokfarm.com within seven (7) days of the date of notice.

11. Personal Data 
You acknowledge that you may from time to time submit your personal data (including name, telephone number and email address) to ShiokFarm in connection with the management and administration of your membership. The personal details you give us are governed by the ShiokFarm Privacy Policy except for your Registered Card and payment details which are governed by our designated payment service vendor’s Privacy Policy. Your Registered Card and payment details will not be stored by ShiokFarm. You must ensure that all details provided for registration and activation of, or otherwise in connection with, your membership are correct and complete. You may update your payments details via the Website. Should you wish to access, confirm, verify, modify or update any other personal data supplied in connection with your application/membership, or to withdraw your consent, please contact us at claire@shiokfarm.com. Changes to personal data can only be made on written instruction from you. Members acknowledge and agree that ShiokFarm may disclose certain personal information of its Members to certain third party vendors (such as logistics service providers) solely for the purpose of fulfilling Member’s Subscriptions. ShiokFarm will only disclose Members’ personal information where such third parties have agreed in writing to provide an adequate level of privacy protection.

12. Intellectual Property
The Website and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together, the "Content") are protected by copyright, trade marks and other rights of intellectual property owned by or licensed to ShiokFarm. Anyone accessing the Website is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including, without limitation, on or in connection with another website or publication or for direct commercial gain without ShiokFarm’s consent. Furthermore, any links to the Website must be notified to and approved by ShiokFarm before they are created or steps are taken to create the same.

13. Miscellaneous 
Except as otherwise expressly provided in Section 6, you may not assign, sub-license or otherwise transfer any of your rights under these Terms & Conditions. No waiver by ShiokFarm of any breach of these Terms & Conditions by a Member shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected thereby. These Terms & Conditions shall be governed by the laws of Singapore and the parties agree to submit to the non-exclusive jurisdiction of the Singapore courts.


 

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