TERMS AND CONDITIONS OF SALE
1. Definitions & Interpretations
- “Account” means an account that you will need to register on the Site if you wish to submit an order on the Site;
- “Acknowledgement” means our receipt of your order and/or queries by email;
- “Business Day” shall refer to the day excluding Saturday, Sunday, public holiday or the day replacing a public holiday in the Federal Territory of Kuala Lumpur and/or Selangor;
- “Contract” means by completing and submitting an electronic order form, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. A Purchase Confirmation via email from us confirms that the contract is formed;
- “Customer” means the party who places an order on the Site;
- “Liability” has the meaning given to it in Clause 12 of these Terms & Conditions of Sale;
- “Product” means a product available for sale to Customer on the Site;
- “Purchase Confirmation” means our email to you, confirming the acceptance of your purchase;
- “Services” means services, information and/or functions made available by us at the Site;
- “We” and “us” means Vivacée Sdn Bhd (Company No. 1275031-K);
- “You” means the Customer visiting the Site and placing an order.
Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days shall mean calendar days, and the words “month” or “monthly” as well as all references to a number of months shall mean calendar month. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in our favour and the provision which is more favourable to us shall prevail.
2. Copyright and Intellectual Property
The Site and all content contained within it including but not limited to the design, layout, appearance and graphics (“the Product Materials”) is protected by copyright and no portion thereof whether in part or as a whole shall be used or to be reproduced without our express written consent. Additionally, unless our prior written consent has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers labels, tags or other identifying marks, symbols or legends affixed to any Products. The Customer agrees and acknowledges that the Product Materials shall remain our property or our licensors. The Customer further agrees that any and all intellectual property embodied in or relating to the Product Materials shall remain our sole and exclusive property or our licensors.
- You may browse and view our Products online on the Site but an Account is required to be registered by you in order to place an order;
- Place your order as per the step by step instructions as given on the Site;
- Prices throughout the Site are quoted in Ringgit Malaysia. You agree to pay the price of the Products which your ordered and accordingly you will be shown on the Site the final charges that you need to pay including but not limited to taxes, packing and/or delivery charges (if any);
- While we make every effort to ensure that the Products shown on the Site are currently available at the price shown, we cannot guarantee that this will always be the case. If the Products you have ordered are unavailable, you will be notified as soon as possible and if payment has already made by you to us, we will refund the same to you within a reasonable time frame;
- when an offer mentions that an item is reduced in price, eg half-price, the discount will be calculated at checkout before any other charges are applied;
- Payment for your order must be made in full at the time of ordering by way of:-* a valid credit or debit card issued by any card issuer that is acceptable to us; or* online banking facility with a bank or financial institution that is acceptable to us; or* any other payment method as may be introduced by us from time to time.
- You must ensure that sufficient funds in your bank account or credit limit in your card is sufficient to cover our payment for the order you placed;
- Your debit or credit card will be debited for your Order at the time the Order is placed. By submitting an online order with us, you expressly agree not to request a “charge back” of any fees or payments for the said order, and that no dispute with us will be raised with or adjudicated by the card issuer. Rather, you agree to contact us directly to resolve the issue or obtain a refund in accordance with the terms and conditions stipulated herein.
- We reserve our rights to verify and validate your payment details to our satisfaction before the Product is delivered to you;
- A Contract shall be formed when we accept your Order. Acceptance shall take place when we expressly accept your Order by way of email called “Purchase Confirmation”. Our invoice may be sent to you at anytime after the Purchase Confirmation. Unless the Purchase Confirmation has been sent to you, we reserve the rights to refuse to process or reject your Order and vice versa, you have the right to cancel your Order before the Purchase Confirmation. If you have cancelled your Order before we have accepted it, then we will refund to you the payment which you have already made.
- If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our customer care department immediately. While we may at our best effort to accommodate to your requests for any change, please take note that we cannot guarantee that we will be able to change your Order in accordance with your instructions or requests.
4. Account Opening
- you will be required to obtain an Account validly registered on the Site to place your Order;
- you must have a valid and active email address when registering on the Site to allow us to communicate with you;
- all informations, updates, Purchase Confirmation, delivery address confirmation, status and other related matters shall be communicated via the email address which you have furnished to us;
- we may also need your contact details such as your mobile numbers, telephone numbers, correspondence address, delivery address, payment details and your personal details in your application to register an Account on the Site. These informations will be saved in the Site’s system which will be referred to for every logged in Order placed on the Site;
- the information which you have provided may be edited from time to time when necessary.
- Upon a successful order, you will be notified through Purchase Confirmation on the registered email address where the items will be delivered;
- the order will be packed and sealed accordingly in a manner deemed fit by us;
- we intend to deliver the order within the indicated time on the Site but no guarantee that the time can be strictly adhered to;
- on delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered product in case of future discussions with us about it;
- please note that it might not be possible for us to deliver to some locations. PO Box address is not accepted. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
- you are required to unseal the order with extra care to avoid any action that might damage the order;
- all risks of the Product pass to you upon delivery, save and except where delivery is due to your fault or breach under a contract, the risk shall pass at the date when delivery would have occurred if not because of your fault or breach. From the time when risk passes to you, we will not be liable for loss or damage of the Product in any manner whatsoever and howsoever arising.
- We may cancel a Contract if the Product is out of stock for any reason whatsoever. We will notify you if this is the case and refund to you any payment which you have made to us.
- We shall refund in accordance with the Returns and Refunds stipulated herein.
- All Orders confirmed via Purchase Confirmation will not be allowed to be cancelled unless otherwise stated through a written confirmation by our customer care team.
7. Defective Products
- To our best knowledge, all Products are manufactured diligently and will be carefully handled during packing and delivered according to the Order and the Order will have published instructions as indicated on the Site or on the Product itself;
- The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or on the Product itself; Please read the instructions carefully as you hold full responsibility over the use of the Product in accordance with the published instructions.
- In the event that the Product is found to be defective or damaged (“Affected Product”) upon your receipt of delivery from us, the Affected Product may be replaced with a new one provided that the stock is available and further provided that:-i. you keep the Affected Product in its original condition for verification by us or our agent;ii. inform the matter to our customer care team immediately upon the Affected Product is received;iii. to provide us with the delivery note and order number; andiv. to provide the detailed information of the occurred damages.
- Any non compliance of Clause 7(c) above will not be entertained nor accepted.
- All costs for such replacement of the order shall be borne by us;
- The decision for replacement of order is solely at our discretion.
8. Returns and Refunds
- We strictly do not allow any returns or refund of the purchased order;
- However, returns can be allowed on a case to case basis and under our sole discretion. Any issues with products received, proof of picture of products, packaging and parcel is required for any action to be taken. Without proof of picture, the case will not be entertained.
- Upon approval by us under 8(b), Products shall be returned to us in compliance of the following :-i. all returns must be sent back to us within five (5) working days if within Malaysia or within ten (10) working days if outside Malaysia;ii. all returns must be returned in their original condition with all tags (if any) attached. Returns must be returned in their original packaging including undamaged boxes;iii. all return requests will be processed within three (3) working days upon receipt of the returned items subject to the necessary compliance;iv. all returns which do not comply with our returns and refunds policy will be strictly declined and forfeited;v. only returns via courier service are accepted, as we do not honour any walk-ins.
- Refunds will be made by means of credit storing in the form of voucher which will be e-mailed to you. Please note that the refund vouchers must be redeemed within sixty (60) days from the date of issuance. We strictly do not refund cash.
9. Promotional Vouchers
- Promotional and/or gift vouchers can always be used as another mode of payment for Products on the Site. The specified details for promotional or gift vouchers will be given to you in electronic form via the email address which you have registered with us but we accept no liability for errors in the email address of the voucher.
- In any event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher, we are entitled to immediately deactivate your Account and/or require a different means of payment.
- We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
CONDITIONS FOR THE REDEMPTION OF PROMOTIONAL VOUCHERS
- From time to time we may release promotional vouchers that may be used on the Site which we will send to you by email. Promotional vouchers can only be redeemed on the Site;
- Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Certain items may be excluded from the promotional vouchers.
- If you place an order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- The credit of a promotional voucher does not accrue interest nor does it have a cash value.
- The credit of a promotional voucher cannot be used for purchase of products from third party oter than from us.
- If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through payment.
CONDITIONS FOR THE REDEMPTION OF GIFT VOUCHERS
- You may purchase gift vouchers from us on the Site or send it as a gift to your friends or loved ones. These gift vouchers will be sent by email.
- The credit of a gift voucher does not accrue interest nor does it have a cash value.
- The credit of a gift voucher cannot be used for purchase of products from third party other than from us.
- If you place an order for a product less than the value of the gift voucher, no refund or residual credit will be returned to you.
- An order for a gift voucher can be cancelled by contacting us via email at any time before the gift voucher has been issued.
- If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment.
- You may use as many gift vouchers as you wish in paying for an order, and gift vouchers maybe used in conjunction with one promotional voucher per order.
11. Personal Data Protection
12. Limitation of Liability
12.1 No representations or warranties:
The Site and the materials provided on an “as is” and “as available” basis. All data and/or information contained on the Site are provided for information purposes only. No representations or warranties of any kind implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with this Site. Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in this Site or the Products;
- the Site or that any of the Products will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the Site or Products are free from any computer virus or other malicious, destructive or corrupting code, agent, programme or macros; and
- the security of any information transmitted by you or to you through the Site or the Products, and you accept the risk that any information transmitted or received through the Site may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
12.2 Exclusion of liability: We shall not be liable to you for any losses whatsoever or howsoever arising or indirectly in connection with:-
- any access, use and/or inability to use the Site or our Services;
- reliance on any data or information made available through the Site and/or through the Services. You should not act on such data or information without first independently verifying its contents;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, programme or macros, and;
- any use of or access to any other website or webpage linked to the Site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
12.3 At your own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Site is entirely at your own risk and we shall not be liable therefor.
12.4 The remedies set out in Clause 8 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.
12.5 Notwithstanding any other provision of these terms and conditions of sale, our maximum cumulative liability to you or to any other party for all losses arising out of or relating to the sale of our Products under each Contract shall not exceed the sums that you have paid to us under such Contract with us.
12.6 We shall not be liable to you for any losses whatsoever or howsoever arising directly or indirectly in connection with:-
- amounts due from other users of the Site in connection with the purchase of any product;
- the sale of the Products to you, or its use for resale by you;
- any defect arising from normal fair wear and tear, wilful damage, misuse or negligence, accident, abnormal storage and or working condition, alteration or modification of the Products or failure to comply with our instructions on the use of the Products (whether oral or written).
We may attach banners, java applets and/or such other materials to the Site for the purpose of advertising our Products. For avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of such advertising or other promotional activities.
14. Force Majeure
We shall not be liable to you for any breach, hindrance or delay in the performance of Contract attributable to any cause beyond our reasonable control, including without limitation to any natural disaster and unavoidable incident, actions of third parties (including without limitation to hackers, suppliers, governments, quasi-governmental, supra national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.
15.1 Right to subcontract: we shall be entitled to delegate and/or subcontract any rights or obligations under these Terms and Conditions of Sale to any of our designated service providers, subcontractors and/or agents;
15.2 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and our rights and remedies under these Terms and Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies which we may have in law or in equity. No exercise by us of any one right or remedy under these Terms & Conditions of Sale, in law or at equity shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale in law or at equity) operate so as to hinder or prevent our exercise of any other such right or remedy as in law or at equity.
15.3 No waiver: our failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
15.4 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected or impaired hereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
15.5 A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts Act.
15.6 The Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of Malaysia and you hereby submit to the exclusive jurisdiction of the Malaysia courts.
15.7 Amendments: We may by notice issued through the Site or by such other method of notification as we may in our absolute discretion deem fit vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date we specify through the above means. If you use the Site or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Site and the Services and terminate the Terms & Conditions of Sale. Our right to vary these Terms & Conditions of Sale in the manner as aforesaid will be exercised either via the portal or such other means as we prescribe and subject to the foregoing, our right may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
15.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
15.9 Entire Agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and the Company relating to the subject matter hereof and supersedes and cancels in full all previous understandings, communications and/or agreements with respect to the subject matter hereof.
15.10 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Site and Services shall be binding and conclusive on you for all intent and purpose and shall be conclusive evidence of any information and/or date transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
15.11 Subcontracting and delegation: We reserve the right to delegate or subcontract the performance of any of its functions in connection with the performance of our obligations under these Terms & Conditions of Sale and reserve the right to delegate or subcontract the performance of any of our functions in connection with the performance of our obligations under these Terms & Conditions of Sale and reserve the right to use any service providers, subcontractors and/or agents on such terms as we may deem appropriate.
15.12 You may not assign your rights under these Terms & Conditions of Sale without our prior written consent. We may assign its rights under these Terms & Conditions of Sale to any third party as we shall deem fit in our absolute discretion.