Welcome to Adolescents & Petite Lady
Fashion Flomärt ! Thanks for visiting our website. This page forms the Terms
and Conditions in accordance with which we supply Products (each a “Product”)
listed on our website http://adolespetitefashionflomart.blogspot.com/ (the
“Site”) or Facebook to you (the “Terms and Conditions”). Please take some time
to read these Terms and Conditions before ordering any Products from the Site.
By ordering any of our Products, you agree to be bound by these Terms and
Conditions. You should visit our page regularly to make note of any changes we
have made to our Terms and Conditions.
1.
WHO
WE ARE
1.1
This is a personal online trading the used
clothing for the adolescents and
petite ladies.
1.2
These
Terms and Conditions are our copyrighted intellectual property. Any use by
third parties, even of extracts of the Terms and Conditions, for the commercial
purposes of offering goods and/or services is not permitted. Infringements may be
subject to legal action.
third parties, even of extracts of the Terms and Conditions, for the commercial
purposes of offering goods and/or services is not permitted. Infringements may be
subject to legal action.
2. DEFINITIONS
2.1 In these Terms and
Conditions:
·
"Business Day" means any day on which banks in
Malaysia open for business;
·
”Order Confirmation" means our email to you, in
which we acknowledge your order via
email;
·
Contract" means your Order of a Product or Products
in accordance with these Terms and
· Conditions which we accept in accordance with clause 6.2 below;
· "Customer" means any individual who places an Order via the Site/FaceBook;
· "Order" means the Order submitted by you to the Site to purchase a Product from us;
· "You" means the Customer who places an Order;
· References to "clauses" are to clauses of these Terms and Conditions;
· Headings are for ease of reference only and shall not affect the interpretation or
construction of the Terms and Conditions;
· Words imparting the singular shall include the plural and vice versa. Words imparting a gender
shall include every gender and references to persons shall include an individual,
company, corporation, firm or partnership;
· References to "includes" or "including" or like words or expressions shall mean
without limitation.
3. ELIGIBILITY
To place an Order with Adolescents
& Petite Lady Fashion Flomärt, you must be over eighteen (18) years of age.
If you are under eighteen (18), you may place an Order with Adolescents &
Petite Lady Fashion Flomärt only with involvement of a parent or guardian.
You must not misuse this Site. You shall
not commit or encourage a criminal offence, transmit or distribute a virus
including but not limited to Trojan horse, worm, logic bomb or post any other
material on the Site which is malicious, technologically harmful, in breach of
confidence or in any way offensive or obscene; hack into any aspect of the
Service; corrupt data; cause annoyance to other users; infringe upon the rights
of any other person’s propriety rights; send any unsolicited advertising or
promotional material; or attempt to affect the performance or functionality of
any computer facilities of or accessed throughout the Site. Any breach of this
provision would constitute an offence under Section 233 of the Communications
and Multimedia act 1998. In the event such breach occurs, Adolescents &
Petite Lady Fashion Flomärt will report the breach to the relevant law
enforcement authorities and appropriate legal action will be taken.
5. ENTIRE
AGREEMENT
5.1 These Terms and Conditions shall apply
to all Orders and Contracts made or to be made by us for the sale and supply of
Products. These Terms and Condition constitute the entire agreement between you
and Adolescents & Petite Lady Fashion Flomärt and supersede any and all
preceding and contemporaneous agreements between us.
5.2 You acknowledge that, in entering into
this Contract, neither you nor we have relied on any representation,
undertaking or promise given by the other or implied from anything said or
written between you and us prior to such Terms and Conditions, except as
expressly stated in the Terms and Conditions.
6. TERMS OF SALE
6.1 Order Product
(a) To place an Order, you must only submit
to us information which is accurate and true. You must also provide your
information up to date by informing us of any changes. .
6.2 Formation of a Contract
(a) The information set out in the Terms
and Conditions and the details contained on this Site do not constitute an
offer for sale but rather an invitation to treat. No Contract in respect of any
Products shall exist between you and us until we have shipped the Products to
your address.
(b) To submit an Order, you will be
required to provide the item code, quantity, name, email, delivery address (no
PO Box add), and contact number via email. After this you will receive an Order
Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by
us upon your Order being shipped to the delivery address provided by you.
(d) A Contract will relate only to those
Products which we deliver to you.
6.3 Price and Payment
Whilst we make best efforts to ensure that
all details, descriptions and prices which appear on this Site are accurate,
there may be instances where errors may occur. If we discover an error in the
price of any Products which you have ordered we will inform you of this as soon
as possible and give you the option of reconfirming your Order at the correct
price or cancelling it. If we are unable to contact you we will treat the Order
as cancelled. If you cancel your Order before we have shipped it to you, and
you have already paid for your Order, you will receive a full refund.
(a) All the products are selling in Ringgit Malaysia (RM).
(b) All the price of products are excluding the
shipping/delivery fees.
(c) We are under no obligation to fulfill your Order if the
price listed on the website is incorrect (even after your Order has been
acknowledged by us).
(d) You can pay by online transfer, ATM Transfer/ Cash
Deposit / Interbank GIRO Transfer . A copy of the bank-in slip/ATM slip/ online
transfer confirmation slip is required to send to us for the proof of payment
via email.
6.4 Mistaken Orders
If you discover that you have made a
mistake with your Order after you have submitted, please contact us via email
or Messenger via Facebook immediately. We will try our best to process your
request.
6.5 Refusal of Order
We reserve the right to withdraw any
Products from this Site at any time and/or remove or edit any materials or
content on this Site. We will make our best efforts to always process all
Orders but there may be exceptional circumstances wherein, we may need to
refuse to process an Order after we have sent you an Order Confirmation, which
we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have
already made payment for your Order, the payment amounts will be fully refunded
to you.
We will not be liable to you or any other
third party by reason of our withdrawing any Product from this Site, whether it
has been sold or not, removing or editing any materials or contents on this
Site or for refusing to process or accept an Order.
7. DELIVERY
7.1 We aim to deliver the Product to you at
the place of delivery requested by you in your Order and the delivery time
indicated by us at the time of your order checkout (as updated in the Order
Confirmation). We sent the courier in
every Tuesday or Wednesday, once a week.
7.2 We shall notify you if we expect to be
unable to meet our estimated delivery date, but, to the extent permitted by
law, we shall not be liable to you for any losses, liabilities, costs, damages,
charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may
be required to sign for delivery. You may contact us in case of any faults,
defects or damage. You shall be able to provide the documents delivered with
the Product, upon request.
7.4 Please note that it might not be
possible for us to deliver to some locations in which event, 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.
7.5 We deliver in our standard packaging.
RM8.50 (West Malaysia) and RM11.50 (East Malaysia) is charged for the first 1kg
parcel. If the parcel is more than 1kg, the customer has to bear the higher
shipping cost. All the shipping/delivery fees is beared by the customers.
7.6 All risk in the Product shall pass to
you upon delivery, except that, where delivery is delayed due to a breach of
your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at
the date when delivery would have occurred but for your breach. From the time
when risk passes to you, we will not be liable for loss or destruction of the
Product. Any breach of obligations by you, might impact your ability to shop on
Adolescents and Petite Lady Fashion Flomärt in the future.
7.7 If you are not available to take
delivery or collection, we may leave a card giving you instructions on either
re-delivery or collection from the carrier.
7.8 If delivery or collection is delayed
through your unreasonable refusal to accept delivery or if you do not (within
two weeks of our first attempt to deliver the Product to you) accept delivery
or collect the Product from the carrier, we may (without affecting any other
right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs
reasonably incurred by us; or
(b) no longer make the Product available
for delivery or collection and notify you that we are immediately cancelling
the applicable Contract, in which case we will refund to you as applicable any
money already paid to us under the Contract, less our reasonable administration
charges (including for attempting to deliver and then returning the Product,
and any storage fees as provided for in clause 7.8 (a) above).
You acknowledge that the Products are
standard and not made bespoke to fit any particular requirements that you may
have.
8. CANCELLATION
BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order please
contact us via email or FB Messenger. No cancellation fees shall be applicable.
Once an Order has been dispatched it may not be cancelled and the item must
instead be received/collected by the customer.
9. RETURNS AND REFUNDS POLICY
Once the product(s) is sold and it is not refundable, returnable or exchangeable.
10. FAULTY PRODUCTS
10.1 All Product descriptions, information
and materials posted on this Site are provided ‘as is’ and without warranties
express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Site may
slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty,
please contact us and provide your Order number, your name and address, details
of the Product. We would check again.
11. DISCLAIMER
OF LIABILITY
11.1 Nothing in these Terms and Conditions
shall exclude or limit Adolescents & Petite Lady Fashion Flomärt’s
Liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, and misrepresentation as to a fundamental matter or any
other Liability which cannot be excluded or limited under applicable law.
11.2
The content displayed on this Site is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary and to the fullest extent permitted by law, Adolescents & Petite
Lady Fashion Flomärt and its suppliers, content providers and advertisers
hereby expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not
be liable for any damages whatsoever, including but without limitation to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services,
arising out of or related to the use, inability to use, performance or failures
of this Site and any materials posted thereon, irrespective of whether such
damages were foreseeable or arise in contract, tort, equity, restitution, by
statute, at common law or otherwise.
12. INDEMNITY
You agree to indemnify, defend, hold
harmless Adolescents & Petite Lady Fashion Flomärt, its directors,
officers, employees, consultants, agents, and affiliates, from any and all
third party claims, liability, damages and/or costs (including but not limited
to, legal fees) arising from your use of this Site or your breach of the Terms
and Conditions.
13. GUARANTEE
AND COMPLAINTS MANAGEMENT
13.1 Adolescents & Petite Lady Fashion
Flomärt shall perform its obligations under these Terms and Conditions with
reasonable skills and care.
13.2 We place great value on our Customer
satisfaction. You may contact us at any time using the contact details given in
clause 6.4 of these Terms and Conditions. We will attempt to address your
concerns as soon as possible and will contact you on receipt of any relevant
enquiry or complaint. In guarantee cases, the manufacturer frequently must be
involved, and as such it may take longer to resolve such an enquiry or
complaint.
13.3 In the event of a complaint it will
help us if you can describe the object of your complaint as accurately as
possible and, where applicable, send us copies of the Order or at least the Order
number that we assign you in the Order Confirmation. In rare cases your emails
may be caught up in our spam filters or not reach us, or correspondence that we
send to you may otherwise not have reached you. Should you not have received
any response from us within five (7) Business Days, please make further
enquiries.
14. PERSONAL DATA PROTECTION
14.1 Collection
of Personal Information
Adolescents & Petite Lady Fashion
Flomärt does not sell, share or trade customer’s personal information collected
online with third parties.
When you provide us the personal
information we collect may include your:
·
Name
·
Delivery Address· Email Address
· Contact No.
· Facebook Account
The personal information we collect from
you will be used in some or all of the following ways:
·
To deliver the
products you have purchased from Adolescents & Petite Lady Fashion
Flomärt
·
To update you on the
delivery of the product and for customer support purposes
·
To provide you with
relevant product information
·
To process your orders
and to provide you with the services and information offered
through our website and which you
request
·
Further, we will use
the information you provide to administer your account with us;
verify and
carry out financial transactions in relation to payments you make online;
audit
the downloading of data from our website; improve the layout and/or content of
the pages of our website and customize them for users; identify visitors on our
website;
carry out research on our users’ demographics; send you information we
think you
may find useful or which you have requested from us, including
information about our
products and services, provided you have indicated that
you have not objected to being
contacted for these purposes.
Disclosure of
Personal Information
- We will not share your information with any other
organisations.
15.
CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
15.1 We shall not be liable to you for any
breach, hindrance or delay in the performance of a Contract attributable to any
cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial
action
(b) Civil commotion, riot, invasion,
terrorist attack or threat of terrorist attack, war (whether declared or not)
or threat or preparation for war.
(c) Fire, explosion, storm, flood,
earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways,
shipping, aircraft, motor transport or other means of public or private
transport.
(e) Impossibility of the use of public or
private telecommunications networks
(f) The acts, decrees, legislation,
regulations or restrictions of any government, shipping, postal or other
relevant transport strike, failure or accidents.
15.2 In the circumstance that the Force
Majeure event lasts for more than one week, either you or we may terminate the
Contract forthwith by written notice and without any Liability other than a
refund of a Product already paid for by you and not delivered.
15.3 If we have Contracted to provide
identical or similar Products to more than one Customer and are prevented from
fully meeting our obligations to you by reason of a Force Majeure event, we may
decide at our absolute discretion which Contracts we will perform and to what
extent.
15.4 We reserve absolute discretion on the
solution we adopt in fully meeting our obligations under the Contract despite
the Force Majeure Event.
16. NOTICES
We reserve the right to amend these Terms
and Conditions at any time. All amendments to these Terms and Conditions will
be posted on-line. However, continued use of the Site will be deemed to
constitute acceptance of the new Terms and Conditions.
Any notice under a Contract shall be given
in writing through either letter or email to the relevant party at the address
or email address last known to the other.
(a) Notices given by post shall be deemed
to have been served with five Business Days of being posted to the recipients
address within Malaysia.
(b) Any notice given by email shall be deemed
to have been served within five (5) Business Days of the email being sent.
In proving such service it shall be
sufficient to prove that the letter or email was properly addressed and, as the
case may be, posted as a prepaid or recorded delivery letter or dispatched or a
delivery report received.
17. INTELLECTUAL
PROPERTY RIGHTS
17.1 All content included in or made
available through our Site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, campaign titles and data compilations
is the property of Adolescents & Petite Lady Fashion Flomärt or its content
suppliers and is protected by copyright laws and treaties around the world. All
such rights are reserved by Adolescents & Petite Lady Fashion Flomärt and
its licensors. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute
or otherwise reproduce, in any format, any of the content or copies of the
content supplied to you or which appears on this Website nor may you use any
such content in connection with any business or commercial enterprise.
17.2 In addition, graphics, logos, page
headers, button icons, scripts, and service names included in or made available
through the Site are trademarks of Adolescents & Petite Lady Fashion
Flomärt in Malaysia and other countries. Adolescents & Petite Lady Fashion
Flomärt 's trademarks may not be used in connection with any product or service
that is not provided by Adolescents & Petite Lady Fashion Flomärt, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Adolescents & Petite Lady Fashion Flomärt. All
other trademarks not owned by Adolescents & Petite Lady Fashion Flomärt that
appear on the Site are the property of their respective owners.
17.3 Our status (and that of any identified
contributors) as the authors of content on our site must always be
acknowledged.
17.4 You must not use any part of the
content on our site for commercial purposes without obtaining a license to do
so from us or our licensors. In the event Adolescents & Petite Lady Fashion
Flomärt becomes aware of any infringement of its intellectual property rights,
it shall not refrain from taking any relevant legal action.
17.5 If you print, copy or download any
part of our Site in breach of these Terms and Conditions, your right to use our
Site will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. You shall not modify, translate, reverse
engineer, decompile, disassemble or create derivative works based on any
software or accompanying documentation supplied by Adolescents & Petite
Lady Fashion Flomärt or its licensors.
18. LINKS TO THE
SITE
18.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.2 You must not establish a link from any
Site that is not owned by you.
18.3 This Site must not be framed on any
other Site, nor may you create a link to any part of this Site other than the
home page. We reserve the right to withdraw linking permission without notice.
19. WAIVER
No failure or delay by us or you in
exercising any right under these Terms and Conditions or a Contract shall
operate as a waiver of such right or extend to or affect any other or
subsequent event or impair any rights or remedies in respect of it or in any
way modify or diminish our or your rights under these Terms and Conditions or a
Contract.
20. SEVERABILITY
If any clause in these Terms and Conditions
or a Contract shall become or shall be declared by any court of competent
jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall in no way affect any other clause or part of any clause,
all of which shall remain in full force and effect, so long as these Terms and
Conditions or a Contract shall be capable of continuing in effect without the
unenforceable term.
21. ASSIGNMENT
You shall not assign, transfer, novate, charge,
sub-Contract, create any trust over or deal in any other manner with these
Terms and Conditions or a Contract or all or any of your rights or obligations
under these Terms and Conditions or a Contract.
22. RELATIONSHIP
Nothing in these Terms and Conditions or a
Contract shall create or be deemed to create a partnership, an agency or a
relationship of employer and employee between you and us.
23. THIRD PARTY
RIGHTS
No person who is not a party to these Terms
and Conditions or a Contract shall acquire any rights under it or be entitled
to benefit from any of its terms even if that person has relied on any such
term or has indicated to any party to these Terms and Conditions or that
Contract its assent to any such term.
24. GOVERNING
LAW
These Terms and Conditions and a Contract
(and all non-Contractual obligations arising out of or connected to them) shall
be governed and construed in accordance with Malaysian Law. Both we and you
hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All
dealings, correspondence and contacts between us shall be made or conducted in
the English language.
25. VARIATION
We reserve the right to amend these Terms
and Conditions at any time. All amendments to these Terms and Conditions will
be posted online. However, continued use of the Site will be deemed to
constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you
agree that you do so subject to these Terms and Conditions current at the date
you submit your Order. You are responsible for reviewing the latest Terms and
Conditions each time you submit your Order.
Version: May 2015
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