Terms & Conditions
1. Information About Us
1.1 www.Forty42.com is a site operated by Forty42 (4042). We are registered in Singapore under the Business Registration Number 53289137J and with our registered office at Singapore 640765.
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, e-mail, WhatsApp, 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, e-mail, WhatsApp and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or e-mail. 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 All in-stock Products orders placed online will be fulfilled within seven (07) business days unless otherwise advised. Business days exclude Saturday, Sunday and Public Holidays.
4.4 Pre-order Products:
These are items that due to receive from the manufacturers in the near future. By placing a pre-order, you are agreeing with our pre-order conditions outlined below:
4.4.1 Please place your pre-order item(s) separately and do not order together with other item(s). However, if that happened, we will have to handle the in-stock item(s) and deliver/ship them separately. In that case, there will be additional delivery/shipping charges with now two delivery/shipments [regular item(s) and pre-order(s)];
4.4.2 Please place your pre-order item(s) of the same Product and do not order different pre-order item(s) on the same order. If that happened, we will have to handle the different item(s) separately and deliver/ship them when they arrive and additional delivery/shipping charges will be incurred;
4.4.3 Product photo(s) is usually of a preproduction prototype. Final product may differ slightly in colour and/ or content;
4.4.4 Products estimated release date stated by the manufacturer. Forty42 is not responsible for any product(s) delayed from the manufacturer. We will deliver/ship the items as soon as we received them;
4.4.5 Non-refundable of deposit for pre-order items, in the event you should decide to cancel your order(s).
4.4.6 Full payment by credit card will be charged when the order is placed. If you want to cancel a pre-order, please contact us via WhatsApp, e-mail, contact form and we will issue a refund less administrative fee.
4.4.7 Balance payment for pre-order item(s) should be made within seven (07) days upon notification on the arrival of the order item(s). Thereafter, for non-payment, the order item(s) will be cancelled and return the item(s) to our stock.
4.5 You are obliged to make payment in FULL by the payment option you select when you check out your order(s).
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
7. Our Refunds Policy
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 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 honor the lower (incorrect) price or either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
7.3 We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have provided you with an e-mail confirmation.
8. Our Liability
8.1 PayNow: SGQR will be placed here
8.2 Credit cards
We accept all major credit cards for payment. Our site uses a secure server and all data is transmitted encrypted. Using your credit card is safe and secure at Forty42. Your order is charged at the time it is placed. If any items are out of stock, we will issue a refund within seven (07) business day, unless otherwise stated.
8.3 Bank Transfer
We accept bank transfer for payment. Applicable bank fees to be borne by payor. Please refer to the bank details as follows:
Bank Account Name: 4042
Bank Account Number: 072-040604-4
Name of Beneficiary Bank: DBS Bank
Address of Beneficiary Bank: 12 Marina Boulevard, DBS Asia Central, Marina Bay Financial Centre Tower 3, Singapore 018982
SWIFT / BIC Code: DBSSSGSG
8.4 Pay Pal:
We can accept Pay Pal. Administrative fee to be borne by payor. Please contact us for this payment mode. Note that we will not hold order (refer to 10.4 below) for Pay Pal payment.
9. Our Returns and Refunds Policy
9.1 Returns and refunds are handled on a case-by-case basis and at the discretion of Forty42.
9.2 If there is any issue with the delivered Product(s), please inform us by way of e-mail (e-mail address hyperlink) or WhatsApp (phone number hyperlink) within twenty-four (24) hours after receipt of the Product(s). If you do not notify us accordingly, we shall have no liability and you shall be bound to pay the price as if the Product(s) had been delivered. Note that the applicable Terms & Conditions outlined by our appointed delivery vendor(s) will apply to our customers who opted for delivery service.
9.3 You acknowledge and accept that all items must be returned in the same condition as they were received, and returned Product(s) will be subject to an examination by Forty42, its merchant, manufacturer or supplier. Forty42 reserves the right to refuse to replace or issue the refund for the returned Product(s) in the following situations, including without limitation:
9.3.1 Manufacturing defects or QC issues affecting random pieces;
9.3.2 Factory seal on Product(s) has been broken; or if item has been played with;
9.3.3 Change of Product(s) without any specific reason;
9.3.4 Products with missing merchandise serial number or product code;
9.3.5 Non-faulty Products; or any items that may stain or mark-up bodies, clothing or other pieces even if the manufacturer makes claims that their products will not do so.
9.3.6 Promotional and sales items;
9.3.7 Product/packaging damage as a result of transit or mishandling by postal services.
9.4 Should any returned Product(s) owing to a mistake on our part, we will examine the returned Product(s). Provided we are satisfied with the condition of the Product(s) following our examinations, we will either replace the item(s) or provide you with a refund after delivery/shipping/transportation fee and administrative fee have been deducted. If you have requested a refund, it will usually be refunded any money received from you using the same method originally used to pay. We will process the refund as soon as possible.
9.5 For overseas orders, Returns and Refunds policy are subjected to the following additional conditions:
9.5.1 There be no refunds on postage payments once package has been shipped.
9.5.2 Payment made for overseas orders are channelled through 3rd Party Payment Gateway. As such, any payment refunds for merchandize will take into account payment fees that were incurred.
9.5.3. We are not responsible and liable for recipient who refuse or ignore notices and contact (intentional or unintentional) by destination customs over import duties and tax payable for the release of the goods.
10.1 Due to COVID, Forty42 will consolidate orders on a weekly basis, every Fridays or Mondays and arrange delivery/shipping with our appointed delivery vendor(s). Orders are processed and delivered/shipped in the order they are received. Note that the applicable Terms & Conditions outlined by our appointed delivery vendor(s) will apply to our customers who opted for delivery/shipping services.
10.2 The delivery/shipping rates quoted during check-out is only an estimate. You may be contacted for any additional delivery/shipping charges due to an item(s) after package for the size or weight may fall into a different delivery/shipping tier.
Only select this option if you plan to come into our shop to collect your order(s). This applied to residents in Singapore.
10.4 Hold Order
If you wish to delay paying for your pre-order shipping or if you want us to hold the order for you, we can hold order(s) that paid in full up to seven (07) days, otherwise they will be cancelled. Once you are ready to have all held orders delivered/shipped to you, please state "Deliver/Ship all held orders" via e-mail/WhatsApp/contact form. You will be contacted after all held orders are combined and additional delivery/shipping charges are required. All held orders charges must be paid within seven (07) days. Note: If you would like to cancel or remove any item(s) that have been paid for or have been in our possession for longer than seven (07) days, you will be assessed a 30% restocking fee and the balance refund will only be issued back in a form of credit for your next purchase.
10.5 Combine Order
If you wish to combine order(s) with any orders placed earlier, you will be contacted if any additional delivery/shipping charges are required (note: this may delay the order being delivered/shipped). By selecting this option, it does not guarantee it will be combined as it would depend on if the prior order(s) have not already been processed and delivered/shipped. You could try to contact us via e-mail/WhatsApp/contact us form to request/check the status. Note: We will not pay for any delivery/shipping if we are unable to get your orders combined. All combined orders must be paid for within seven (07) days or they will be cancelled.
11. Our Liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
11.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 Unless otherwise stated, all Products warranty will be covered by the respective brand owner, manufacturer or supplier.
12.1 All notices given by you to us can be addressed to Forty42 (4042) at 2 Havelock Road #03-15 Havelock 2, Singapore 059763, via an e-mail or WhatsApp. We may give notice to you either via an e-mail, WhatsApp or postal address that you provided to us when placing an order.
13. Events Outside our Control
13.1 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”).
13.2 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:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; or
13.2.6 the acts, decrees, legislation, regulations, or restrictions of any government.
13.3 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 endeavors 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.
14.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Law and Jurisdiction
15.1 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.
16. Entire Agreement
16.1 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.
16.2 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.
16.3 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.
17. Our Right to Vary these Terms and Conditions
17.1 We have the right to revise and amend these Terms and Conditions from time to time.
17.2 You will be subject to the Policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those Policies or these Terms and Conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven (07) working days of receipt by you of the Products).
18. Law and Jurisdiction
18.1 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.