Terms of Use

Here at tong-gan, we are committed to making your shopping experience as seamless, warm and enjoyable as possible. These terms and conditions (“Terms of Use”) apply to www.tonggans.com (the “Site”) and form the terms and conditions on which we supply products and services to you. 

Please read through these Terms and the Privacy Policy (collectively, “Agreements”) prior to your use of the Site. Your use of the Site indicates that you have acknowledged, understood and agreed to adhere to the Terms. 


About Us

We are TONG-GAN LLP. (“we”, “use”, “tong-gan”), a company registered in Singapore. 

For any concerns, feedback or notifications, you can contact us by writing to us at tongganco@gmail.com

If we need to contact you for service-related matters, we will do so via telegram (where provided) or writing to you at your email address or postal address you have provided to us in your order. 

 

Accessing and Using the Site

As a condition of your access to and/or use of the Site and/or Service, you warrant that:

All information supplied by you on the Site and/or Service is accurate, current and complete;

You are 18 years of age or older in order to access and/or use the Site; and

You will not copy or distribute any part of the Site and/or Service in any medium without our prior written authorisation. 

You shall be solely responsible for your access to and/or use of the Site and its materials herein. 

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at tongganco@gmail.com. Please refer to our Privacy Policy for more information.

Where you create a user account and password, please treat such information as confidential and refrain from disclosing it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions stated in the Terms of Use. 

You retain any and all of your rights to any 'Content' (collectively refers to all information provided in the use of the site, such as personal information, comments and suggestions) you submit through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party submit through Service.

 

Prohibited Activities

You may use Service only for lawful purposes and in accordance with Terms. You agree and undertake not to:

Use the site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;

Impersonate or attempt any person or entity to falsely state or otherwise misrepresent your affiliation with any person or entity;

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability;

Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service;

Post, promote or transit through the Site any information, graphics, photography, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion;

Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;

Take any action that may damage or falsify Company rating, or;

Otherwise attempt to interfere with the proper working of Service.

Intellectual Property Rights

tong-gan is the owner or the licensee of all intellectual property rights in and to the content on the Site and the material published on it unless otherwise expressly stated herein.

You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for public or commercial purposes whatsoever, without express prior written permission from us.

Please note that you are solely responsible to obtain such permission before dealing with any content or material. 

 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to tongganco@gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

 

Links To Third Party Sites

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us, including news sources. 

You acknowledge and agree that we are not responsible or liable for the availability or content of any other third party websites (not provided by us) linked to or from the Site.

By using the Site, you expressly relieve TONG-GAN LLP from any and all liability arising from your access and use of any third party website. We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.

We reserve the right to object or disable any link or frame to or from the Site. 

 

Warranties and Liability

Whilst every effort is made to update the information contained on this website, neither TONG-GAN LLP nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. 

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:

Life or wear of any Product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to TONG-GAN LLP;

Improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;

Third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and

Any warranties provided under these T&Cs if the total price for the Product has not been paid in cleared funds by the due date for payment.

You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers.

Your payment for any Product purchased from the Site is processed by third party payment system providers (PayNow/Pay Lah! - Bank of China, Citibank, DBS/POSB, HSBC, Maybank, OCBC, Standard Chartered & UOB) and TONG-GAN LLP does not retain or process any such payment information.

We cannot guarantee the security of such third party payment system(s) or any payment data on the Site, and TONG-GAN LLP is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties.

Without prejudice to the generality of the foregoing, TONG-GAN LLP is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve TONG-GAN LLP from any and all liability in connection with the acts, omissions or defaults of such third parties.

To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of TONG-GAN LLP under any Order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.

We reserve the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information are offered for information purposes only and is not intended for trading purposes. 

Before relying on the Site, you should do your own checks or obtain professional advice relevant to your particular circumstances. If you find an error or omission, please contact us. We would love to have a clarify it for you to have a comfortable, well-assured shopping experience. 


Indemnities

You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.


Termination

We reserve the right, without notice and in its sole discretion, to terminate the user’s licence to use the website, and to block or prevent his/her access to, and use of the website, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

The course of action taken will be determined as deem appropriate, including: 

Immediate, temporary or permanent withdrawal of your right to and/or access to the Site;

Issuing a written warning to you via email;

Commencing legal proceedings against you for loss resulting from your breach; and 

Disclosure to law enforcement authorities of such information as we reasonably deem necessary. 

We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Orders & Payments

Placing Your Order

You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.

We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.

 

Order Confirmation & Payment

Upon submitting the online order form, our liaisons will be in touch with you on payment details once your order has been processed.

If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice.

Please complete payment within the stipulated time period upon order confirmation. Otherwise, all unpaid orders will be cancelled automatically. In the event that any Product has been mis-priced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.

Currently we only accept PayNow / DBS PayLah! (Bank of China, Citibank, DBS/POSB, HSBC, Maybank, OCBC, Standard Chartered & UOB). 

 

Product Descriptions & Defects

As an online shop, we try to be as accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures - as the images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to varying lighting conditions, or variances in computer screen calibration.

We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

Minor variations in measurement (within 2 cm) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate. If you believe you have received a defective item, please write to us at tongganco@gmail.com with your order number, and a photograph of the defect.

All defective items are to reach us within 25 calendar days from dispatch date. Items must be unworn, unwashed and unaltered. If the replacement piece is no longer in-stock, store credit or a refund will be issued.

 

Returns

We accept returns for items that are unworn, unwashed, and unaltered. 

To start a return request, please write to us at tongganco@gmail.com, with the subject header “Returns Request: Order Number.” and do the following:

Pack the item in its original packing material and enclose a note with your order number;

Send your parcel using a delivery method that allows tracking. All return items are to reach us within 25 calendar days from dispatch date. Items must be unworn, unwashed and unaltered;

Where possible, we are open to arranging meet-ups to facilitate the process. However, this will be subject to situational factors e.g. Social Distancing Measures.

You are responsible for postage costs of returned items. If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return and any request for a store credit refund. You are responsible for the item until it reaches us and kindly retain all proof of mailing until an acknowledgement has been sent.

If we accept your return, we will make any refunds due to you as soon as possible and generally within 14 days from the day on which we receive the returned Product. Please note that refunds will be provided in the form of bank transfer. 

 

Incorrect Items

If you believe you have received the wrong item, please write to us at tongganco@gmail.com with your order number, and a photograph of the item. We may ask you to proceed with sending your item back to us, for which your postage will be reimbursed. Please note that items must be unworn, unwashed, and unaltered. If the correct item is no longer in-stock, refunds will be provided in the form of bank transfer. 

 

Delivery

The cost of delivery of your Order will be displayed to you on our Site. We only offer local shipping and you may refer to our FAQs for more details. 

Orders are processed and dispatched to our local delivery partner within an estimated:

2 working days upon confirmation for in-stocks; and 

14 business days upon closure of pre-order periods. 

Our local delivery partner shall deliver the Product to the address specified in your Order. If the delivery is to be delayed, we will inform you accordingly. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused. 

Delivery will be done via the following method(s), with the stipulated timeline and flat rate of:

Smartpac by Singpost (2-5 Working Days from postage) - $3

You will be able to track your delivery via the code provided upon dispatchment anytime. 

 

Bounced Parcels

We'll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the Product.

Bounced parcels that are unclaimed after a month will be deemed as TONG-GAN LLP’s property and no compensation will be offered as sufficient response time has been given.

 

When do you become responsible for the items?

The Product will be your responsibility from the time we deliver the Product to the address you provided us. You own the Product which is the subject of your Order once we have received payment in full for your Order.


Order Termination

We may terminate the Order at any time by writing to you if:

You do not make payment to us when it is due;

You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);

You do not, within a reasonable time, allow us to deliver the Product to you;

If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.


General Pointers

Returns, Replacements and Refunds: Notwithstanding anything to the contrary, tong-gan shall only accept returns and grant replacements and refunds on the condition that the items being returned, replaced or refunded were purchased from the Site. Purchases of items other than from the Site are not eligible for returns, replacements or refunds under these T&Cs. For items purchased at physical pop-ups, please check with our retail assistants on-site. 

No Relationship: Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and tong-gan.

Assignment: You may not assign these T&Cs or any rights or obligations under these T&Cs to any party.

Waiver & Severability: The failure of tong-gan to enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.

Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.

Entire Agreement: These Agreements, which expressly incorporate the Data Policy and the Terms of Use referred to therein, constitute the entire agreement between you and tong-gan relating to the subject matter hereof, and supersedes any and all prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.

Governing Law: These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Singapore. Any claim or dispute arising out of or relating to these Terms and/or your access to and/or use of the Platform which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Singapore.


Updates

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users. 

We may also amend Terms at any time by posting the amended terms on the Platform. Your continued use of the Platform following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to the new terms, you are no longer authorized to use Service.

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

 

Acknowledgement

By using Service or other services provided by us, you acknowledge that you have read these Terms and agree to be bound by them. 

 

Let us know, if anything.

Please send your feedback, comments, requests for technical support in the first instance if any. You may contact us via email: tongganco@gmail.com. Theses Terms of Use was last updated as of 23 May 2020.