Terms & Conditions
1. Information About Us
1.1 http://kiroicheesecake.com/ is a site operated by My Commercial Kitchen. We are registered in Singapore under the Business Registration Number 53370075B and with our registered office at 123 Bukit Merah Lane 1, #01-118, Singapore 150123.
2. Service Availability
2.1 Our site is only intended for use by people residing, businesses, and companies in Singapore ("the Serviced Country"). We do not accept orders from individuals outside of the Serviced Country.
3. Your Status
3.1 By placing an order through our site or on the telephone, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are resident in the Serviced Country.
4. How the Contract is formed between You and Us
4.1 After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All telephone and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we deliver the items to you.
4.2 Subjected to actual stock availability, item orders may be replaced with alternatives subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded of the amount paid.
4.3 You are obliged to make payment in FULL by the payment option you select when you check out your orders.
4.4 Orders can be cancelled at least 48 hours ahead of the scheduled Collection / Delivery date by Whatsapp at +65 98459845. However, the value of the order can only be credited in the form of e-voucher and not as a direct refund. Please note that cancellation of all orders will incur an administrative charge of $5 nett per order number. Do kindly note that orders is non-refundable or non-exchangeable for cash, in kind, or other goods and services during promotional period.
5. Our Status
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that the products you purchase from companies to whose website we have provided a link will be of satisfactory quality.
6. Price and Payment
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site we might at our discretion decide to honour the lower (incorrect) price or either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.3 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have provided you with an email confirmation.
6.4 All takeaway (self collect) must be collected on the stated day of collection latest by 3.30pm and not earlier than stated time. Any non collection of cakes will be disposed at our discretion.
6.5 No partial collection or cancellation or split collection for orders made in one single invoice.
6.6 Once e-coupon issued, it can not be cancelled.
6.7 No further claim shall be made by customer for any non collected item
7. Our Liability
7.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
7.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
7.3 Unless otherwise stated, all products warranty will be covered by the respective brand owner.
8. Events Outside our Control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
8.2.1 strikes, lock-outs or other industrial action;
8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5 impossibility of the use of public or private telecommunications networks; or
8.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
8.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
9.1 If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10. Entire Agreement
10.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
10.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
10.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
11. Our Right to Vary these Terms and Conditions
11.1 We have the right to revise and amend these Terms and Conditions from time to time.
12. Law and Jurisdiction
12.1 Contracts for the purchase of Products through our site will be governed by the Law of Singapore. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of The Republic of Singapore.
13. Pricing Policies
13.1 All prices are non-negotiable.
13.2 Cash on delivery is not accepted.
13.3 Orders can be placed up to a maximum of 30 days in advance of the intended date of delivery.
You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements. By placing an order, you confirm that the details contained in the order are correct in all respects.
13.4 All third party Food Vouchers can only be redeem at the sales outlet on a pre order basis.
13.5 Orders is non-refundable or non-exchangeable for cash, in kind, or other goods and services .
14. Allergies & Special Dietary Requirements
14.1 All our cakes contain gluten,eggs and dairy products, so they are not suitable for those suffering from intolerance or allergies to these particular foods.. We will not be held responsible for any adverse effects arising from the consumption of our products by anyone suffering from intolerance or an allergy to nuts and/or any food.
14.2 Non-edible items may be used as decorations or packaging for the cheesecakes. It is your responsibility to ensure that any non-edible items are removed prior to consumption.
15. Location Exclusions
15.1 We do not deliver to Jurong Island, restricted airline and cargo areas, BBQ pits as well as locations outside of mainland Singapore except Sentosa Island. Any orders made to the excluded locations will be cancelled.
15.2 In circumstances where you erroneously, or otherwise, specify the Region / State of your delivery address as Main Island when it is actually Sentosa Island, you will be liable for the additional delivery costs incurred in making a delivery to Sentosa Island.
15.3 Our cheesecakes do not have any preservatives or additives . We recommend our cheesecakes to be consumed within 12hours from collection/delivery but they can be chilled/refrigerated for up to 3 days.
16. Delivery & Collection Conditions
16.1 Our cheesecakes can be collected directly from our retail outlet or delivered to you at a requested address. Delivery is by arrangement only and delivery charges apply.
16.2 During festive seasons, a delivery surcharge of $8 may also apply.
16.3 It is essential that when delivery is confirmed, someone is present to receive the cake(s) at the specified time range, without explicit consent, we are unable to leave your order with someone else or unattended since our cakes may deteriorate if left on the doorstep. If for any reason you are not present at the time of delivery or the receiver for the cakes is not contactable by our courier for 10 mins upon delivery or where you have provided an incorrect, inaccurate or incomplete delivery address, we will endeavour to re-deliver (same day response before 6pm only), however this will be subject to a fee of $20.
16.4 For any undelivered cakes due to the above reason ,it will be disposed at our discretion and No
Further claims shall be made.