- Thank you for deciding to buy from modaart.sg (“the Site”), a business under Moda Ventures Pte Ltd (Reg No: 201605684Z). Your purchase is subject to the terms set out hereunder. By making payment, you agree to the following terms of sales.
Sale and Purchase
- You agree to pay the price advertised for the artwork or product as found on the Site (“the Price”). Paintings sold are accompanied by a purely complimentary custom black wooden or synthetic frame. Moda Ventures Pte Ltd reserves the right to furnish you with a frame of a different make and/or colour should a black wooden or synthetic frame not be available.
- Payment of the Price shall be by credit/debit card, paypal, or bank transfer, in Singapore Dollars only.
- Upon receipt of payment, Moda Ventures Pte Ltd will contact the overseas art gallery or galleries to mark the artwork or product as sold, and to arrange for the artwork or product to be delivered to the delivery address stipulated by you, or to the premises of Moda Ventures Pte Ltd for quality assessment, framing, re-packaging, and onward delivery to the delivery address stipulated by you (as the case may be).
- Legal title of the artwork or product shall pass to you only upon delivery of the artwork or product to your stipulated address.
Availability of Artwork or Product
- As artworks and products featured on the Site may also be concomitantly purchased by buyers at the physical art gallery or galleries overseas, it is possible that a situation may arise where Moda Ventures Pte Ltd receives the payment of the Price from you for the artwork or product, but may be unable to deliver the said artwork or product because it has already been sold by the art gallery or galleries to another customer. In such event, Moda Ventures Pte Ltd will contact you to inform you of the same, and arrange to effect full refund of the Price paid, and shall bear no liability for any damage, loss, cost, expense, or compensation, save for the refund of the payment made by you to Moda Ventures Pte Ltd for the Price.
- No delivery charge is payable for delivery of artwork or product to an address in Singapore. Delivery charge is payable for delivery of artwork or product to an address outside Singapore. Delivery charges vary depending on the destination address. The delivery charge will be in addition to the Price. You agree to pay the delivery charge as stated on the payment page.
- Delivery may be made at your stipulated address on weekdays as well as on weekends. If delivery is made to the stipulated address, and you are not present to take delivery, you agree that whoever is present at the stipulated address may take delivery of the artwork or product. If there is no one present to take delivery of the artwork or product when delivery is made to the stipulated address, you agree that leaving the artwork or product at or within the vicinity of the front door of the stipulated address shall constitute valid delivery and acceptance of the artwork or product. Should your artwork or product go missing or become damaged after delivery of the same, Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives shall bear no responsibility for the same, nor shall be held liable in any regard.
- Delivery to locations in Singapore may take 4 to 16 weeks. Delivery to locations outside Singapore may take longer. In any event, Moda Ventures Pte Ltd makes no guarantee, warranty, or promise as to time of delivery but shall strive to make delivery as early as possible after payment is received. If it is not feasible for delivery to be carried out within 16 weeks due to events outside the control of Moda Ventures Pte Ltd (e.g. such as state pandemic laws, logistics or supply chain disruptions, discontinuation of service by artist, issues with overseas partner galleries etc), Moda Ventures Pte Ltd will inform you of the inability to proceed with the delivery, and refund you the payment made, thereby terminating any contract between you and Moda Ventures Pte Ltd. In such event, Moda Ventures Pte Ltd shall not be liable to you for any damage, loss, cost, expense, or compensation, save for the refund of the payment made by you to Moda Ventures Pte Ltd for the Price.
Differences, Damage and Defects
- The look and colour of artworks and products may differ slightly from the photographs of the artworks and products as featured on the Site due to various reasons, including but not limited to, the nature of photographic capture, the nature of the viewing screen on your device etc. Moda Ventures Pte Ltd shall not be liable for any difference or perceived difference and shall bear no responsibility for the same. You shall not be entitled to reject delivery or seek refund of the Price and delivery charge on this basis. Certain artworks and products may have more than one copy executed by the same artist. The artwork or product delivered to you may therefore differ from the one that is featured on the Site. You shall not be able to reject delivery of the artwork or product for this reason unless the difference between the delivered artwork or product and the featured artwork or product is substantially different.
- Moda Ventures Pte Ltd and its partner galleries and logistics vendors shall strive to take the best possible care of the artwork and/or product when it is being shipped and transported from the origin gallery to your stipulated delivery address. If you take delivery of an artwork or product that is damaged or defective, and we are able to ascertain that the damage or defect was due to no fault of your own, we will either refund you the Price and delivery charge or provide you with a replacement artwork or product of equivalent price at your option. Save for situations provided for herein, Moda Ventures Pte Ltd reserves the right not to make refunds to you once payment has been made. Should Moda Ventures Pte Ltd, make a refund to you, it reserves the right to deduct up to 10% of the amount being refunded or SGD20.00, whichever is higher, as costs for work done to effect the refund.
Indemnity and Limitation of Liability
- You agree to indemnify and hold Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives harmless from any and all claims, liabilities, damages, costs and expenses arising from, related to, or in connection with the sale, purchase, and delivery of the artwork or product.
- In the event that notwithstanding the foregoing clause Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives are held to be liable in law for damages, costs, and/or expenses arising from, related to, or in connection with the sale, purchase, and/or delivery of the artwork or product, or for any reason whatsoever, their liability shall not exceed SGD200.00 in aggregate or the Price paid for the artwork or product, whichever is lower.
- Artwork or product bought from Moda Ventures Pte Ltd may not be copied, reproduced, or replicated except with the express permission of Moda Ventures Pte Ltd. Intellectual property of the artwork or product shall remain with the artist, Moda Ventures Pte Ltd, or a partner gallery (as the case may be). Purchase of the artwork or product from Moda Ventures Pte Ltd does not entail a transfer of copyright or intellectual property in the artwork or product to you. Kindly be put on notice that artwork or product sold by Moda Ventures Pte Ltd are original designs protected by intellectual property laws of Singapore and/or the laws of other relevant jurisdictions, including but not limited to copyright law, patent law, and/or trademark. Copying, reproducing, or replicating the artwork or product, or creating derivative artworks or products from the same, constitutes an act of infringement which will render you liable to civil action.
- You agree that any and all personal data provided or made known to Moda Ventures Pte Ltd either through use of the Site and/or the facebook page and/or for the purposes of effecting the sale and purchase and delivery of artwork or product or otherwise may be collected, kept, stored, used, or disclosed, so long as such collection, keeping, storage, use, or disclosure is for the purpose or purposes arising out of or related to the use of the Site, and/or sale and purchase and delivery of any artwork or product advertised or marketed on the Site. You further agree that Moda Ventures Pte Ltd may disclose said personal data to its vendors, service providers, or affiliates for the purposes of providing you with the best service possible.
- You agree that by furnishing your personal data to Moda Ventures Pte Ltd, you consent to receiving notices, advertisements, marketing material, brochures, and catalogues by post, email, SMS, whatsapp, facebook, or otherwise. If you do not wish to receive the same, you must specifically notify Moda Ventures Pte Ltd of your wish not to so receive such material by stating your name, address, email, and contact number, such that Moda Ventures may accurately ascertain your identity and remove your name, address, email, contact number, and/or any other personal data from our records. You agree that should you require your personal data to be deleted, retrieved, modified, or amended, you must give Moda Ventures Pte Ltd at least 6 months to do so.
Access and Use by Minor
- You must be the age of majority i.e. 21 years old in order to make a purchase from Moda Ventures Pte Ltd. If you are not, you shall request for an adult to supervise (“the Supervisor”) your purchase. In the event that the Supervisor consents to supervise your purchase, you shall inform the said Supervisor to read and understand the terms found herein before proceeding or continuing with the purchase.
- In the event that the Supervisor consents to supervise your purchase, Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives, may choose to hold the Supervisor wholly responsible for the said purchase as if it were his own. The Supervisor shall be responsible for, and/or indemnify Moda Ventures Pte Ltd, its directors, officers, employees, agents, and representatives, for any and all legal consequences arising out of the said minor’s purchase. In the event that you are a minor who makes a purchase without the supervision of a Supervisor, any payment made shall nonetheless be considered valid payment.
Notices and Documents
- You agree that any and all notices, communications, or documents to you may be sent, issued, or transmitted to you via email, post, courier, facebook, whatsapp, or by hand at the email address, postal address, facebook account, or telephone number furnished by you to Moda Ventures Pte Ltd.
- All legal communications with Moda Ventures Pte Ltd shall be in the English language.
Applicable Law and Jurisdiction
- Any civil suit to be commenced by Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives may be preceded by a letter of demand claiming for damages to be determined at the sole discretion of Moda Ventures Pte Ltd; costs; expenses, including but not limited to fees incurred for legal advice and representation; compensation for the time and effort incurred by the management of Moda Ventures Pte Ltd in dealing with litigation and associated matters arising out of the breach, contravention, or infringement of these terms; engagement of experts and associated costs, as well as other damages, expenses and costs it or they are entitled to claim for under law. Any such claim for the same may not be confined to the letter of demand, but may also be pleaded in pleadings or court documents such as to effect the making of such a claim before a court of law. Any defence conducted by Moda Ventures Pte Ltd, its directors, officers, employees, agents, or representatives, may also plead or claim in countersuit for the aforesaid damages, expenses and costs.
- You agree that any dispute arising out of these terms shall be governed by the laws of Singapore and shall be resolved in a court of law in Singapore, or a forum in any jurisdiction of Moda Ventures Pte Ltd’s choosing. Should you for any reason decide to commence action against Moda Ventures Pte Ltd or its directors, officers, employees, or agents, you agree to inform Moda Ventures Pte Ltd by way of email first of your intention to do so before commencing action.
- The terms found herein constitute the entire agreement between you and Moda Ventures relating to the purchase of artwork or product save where it is agreed between you and Moda Ventures Pte Ltd as to variation of any term contained herein in writing and in express language.