1.
DEFINITIONS
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 in accordance with clause
6.2 below;
"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 on the Site;
"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.
2.
ELIGIBILITY
To place an Order with FAIZSTORE
you must be over eighteen (18) years of age. If you are under eighteen (18),
you may place an order with FAIZSTORE only with involvement of a parent or
guardian.
3.
PROHIBITIONS
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 a offence under Section 233 of the
Communications and Multimedia act 1998. In the event such breach occurs, FAIZSTORE
will report the breach to the relevant law enforcement authorities and
appropriate legal action will be taken.
4. ENTIRE AGREEMENT
4.1 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 FAIZSTORE and supersede any and all preceding and
contemporaneous agreements between us.
4.2 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.
5. TERMS OF SALE
5.1. 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) Where applicable, prices are
inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged
in addition where applicable; such additional charges are clearly displayed and
included in the ‘Final Total’.
(b) We are under no obligation to
fulfil your Order if the price listed on the website is incorrect (even after
your Order has been acknowledged by us).
(c) You can pay using any of our
payment partners listed on our homepage or use the cash on delivery payment
method. Similarly you can pay all or part of the price of your Order using an
e-gift cards, store credit or a promotional voucher.
(d) E-gift cards and promotional
vouchers must be entered at the check out page online only. Physical
presentation of vouchers to FAIZSTORE personnel will not be accepted.
(e) To minimise the risk of
unauthorised access, we encrypt your card data. Once we receive your Order we
will request pre-authorisation on your card to ensure there are sufficient
funds available to complete the transaction. Order will not be confirmed until this
pre-authorisation check has been completed. Your card will be debited once we
have sent you the Order Confirmation. Cards are subject to validation checks
and authorisation by card issuer. If we do not receive the required
authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the
payment, by clicking the “Order now” button you are confirming that the card
belongs to you or that you are the legitimate holder of the e-gift card or the
promotional voucher, and have sufficient funds or credit facilities to cover
the cost of the Product.
5.2 Mistaken Orders
If you discover that you have
made a mistake with your Order after you have submitted it to the Site, please
contact haikal_salleh@ymail.com immediately. We will try our best to process
your request.
6. DELIVERY
6.1 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).
6.2 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.
6.3 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.
6.4 We deliver in our standard
packaging.
6.5 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 FAIZSTORE in the future.
7. CANCELLATION BY CUSTOMER (NON-FAULTY
PRODUCT)
If you wish to cancel your Order
please EMAIL AT haikal_salleh@ymail.com.No cancellation fees shall be
applicable. Once an Order has been dispatched it may not be cancelled and the
item must instead be returned to the company according to guidelines provided
by the Customer Service Team (Please call the above stated number or refer to
your return-slip provided in your received parcel).
8. RETURNS AND REFUNDS POLICY
8.1 If you are not completely
satisfied with your purchase, you may return the Product to us within thirty
(30) days of receipt. The Product shall be un-used, Product tags shall not be
tampered with, and the Product shall be in the original brand packaging (if applicable).
This policy is applicable only to those products which do not fall under the
list of non-refundable brands/items provided on our Site.
8.2 All items must be received by
FAIZSTORE in order for a customer to be eligible for a refund or replacement.
You shall ensure that the Product is sent to us in the same condition as it was
when received by you and is packaged properly. In the event that an item is
returned to us in an unsuitable condition, we reserve the right not to accept
returns and send the Product back to you.
8.3 We provide a pre-paid return
shipping service to ensure the best possible online shopping experience for
you. Please refer to the pre-paid shipping label in the parcel sent to you. If
you are unable to find the pre-paid shipping label, please call our Customer
Service Team.
8.4 You may process returns
through your nearest post office. We do not honour any walk-in returns.
8.5 Your returned Products
together with your return slip, are usually received and accepted at our
warehouse within five (5) days after the drop-off at the post office counters.
We will refund you via store credit which you may utilize for your next
purchase. In event you prefer to refunded by different means please call our
Customer Service Team or email us at haikal_salleh@ymail.com
9. FAULTY PRODUCTS
9.1 All Product descriptions,
information and materials posted on this Site are provided ‘as is’ and without
warranties express, implied or otherwise howsoever arising.
9.2 Product image as seen on the
Site may slightly differ from the actual Product that you receive.
9.3 If the item you receive is
faulty, please contact our Customer Service Team and provide your Order number,
your name and address, details of the Product and the reason for return, and
whether you require a refund or a replacement.
9.4 Upon receipt of the Products,
we will examine it and we will advise you on the status of the replacement or
refund (if any) via email as soon as practicable.
9.5 FAIZSTORE may at its
discretion refuse to process a replacement/exchange order however may offer a
refund as a substitute remedy subject to clause 9.
9.6 In the event the Product
returned is not faulty, we may at our discretion decide not to repair, replace
or refund you for the Product and/or we may require you to pay all reasonable
carriage costs and servicing costs at our current standard fees and costs and
charge this to your credit or debit card, or the payment details that you
provided to us when you made your Order, and, to the extent permitted by law,
we shall not be liable to you for any losses, liabilities, costs, damages,
charges or expenses as a result.
10. DISCLAIMER OF LIABILITY
10.1 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, FAIZSTORE 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.
10.2 Nothing in these Terms and
Conditions shall exclude or limit FAIZSTORE’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. GUARANTEE AND COMPLAINTS
MANAGEMENT
11.1 FAIZSTORE shall perform its
obligations under these Terms and Conditions with reasonable skills and care.
11.2 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.
11.3 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 (5) Business Days, please make
further enquiries.
12. PERSONAL DATA PROTECTION
Please see our
Privacy Policy, which
forms a part of these Terms and Conditions.
13. CIRCUMSTANCES BEYOND OUR
CONTROL (FORCE MAJEURE)
13.1 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.
13.2 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.
13.3 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.
13.4 We reserve absolute
discretion on the solution we adopt in fully meeting our obligations under the
Contract despite the Force Majeure Event.
14. NOTICES
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 two 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 two (2) 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.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 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 FAIZSTORE or its content suppliers and is protected by
copyright laws and treaties around the world. All such rights are reserved by FAIZSTORE
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.
15.2 In addition, graphics, logos,
page headers, button icons, scripts, and service names included in or made
available through the Site are trademarks of FAIZSTORE in Malaysia and other
countries. FAIZSTORE 's trademarks may not be used in connection with any
product or service that is not provided by FAIZSTORE, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits FAIZSTORE. All other trademarks not owned by FAIZSTORE that appear
on the Site are the property of their respective owners.
15.3 Our status (and that of any
identified contributors) as the authors of content on our site must always be
acknowledged.
15.4 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 FAIZSTORE becomes aware of any
infringement of its intellectual property rights, it shall not refrain from
taking any relevant legal action.
15.5 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 FAIZSTORE or its licensors.
