TERMS AND WARRANTY
1. Applicable Terms
All orders placed to and transaction with LeatherHub Universal (as the Seller) in the website shall be subject to these terms and warranty.
2. Use on the content in the Seller’s website
The website is owned and operated by the Seller and any trademark of any brands, trade name and logo contained on the website is permitted to be used by the Seller which obtained license from the manufacturers. Any other use including reproduction, republication or distribution in any material form in the website other than for the purpose of placing orders, receipt of payment or making transactions with the Seller, is not permitted by the Seller.
3. Contract Formation
*Offer is made by the Seller upon request by the Buyer. Acceptance is complete when the Buyer made the payment to the Seller. That acceptance shall be deemed for all purposes to be effectively communicated to the Seller at the time Buyer sends the email to the Buyer (whether or not the Buyer receives that email). For the avoidance of doubt any such contract shall be deemed to be concluded in England and the place of performance shall be England
4. Delivery
4.1 Delivery of the goods shall be deemed to have taken place on delivery of the goods to the Buyer’s address. Unless otherwise agreed, the Seller shall be responsible for the delivery of the goods to locations only in Peninsular Malaysia.
4.2 Quoted delivery times are based on current commitments and are subject to review by the Seller at the time of acceptance of order. The Seller shall not be liable for any delay in delivery of the goods.
4.3 If the Seller is liable to the Buyer for failure to deliver goods that liability shall be limited to the difference if any between the contract price and the price of goods similar to the goods not delivered.
5. Improvements
The Seller reserves the right to make any changes in the specification of the goods which are required to conform to any applicable Malaysia
6. Payment and Security
6.1 The Consumer shall pay the Seller by bank transfer or by Pay Pal at the online price on the website at the time of purchase.
6.2 Personal information relating to the Buyer shall be encrypted by the Seller beginning from the details provided upon acceptance of the offer.
6.3 Delivery of the goods shall only be made by the Seller on receipt of full payment by the Buyer issued by the Bank.
7. Right of Cancellation
The Buyer shall have a right of cancellation in respect of any goods purchased from the Seller by means of the Internet. This right of cancellation shall end on the expiry of seven full working days after the receipt of the goods by the Buyer. This right of cancellation shall not apply to goods which are made to the Buyer’s specifications or are personalised.
8. Force Majeure
If performance of this agreement is delayed or prevented by any cause or causes beyond the Sellers control the Seller shall be entitled to terminate the agreement or suspend his duty to perform for as long as the circumstances amounting to force majeure continue. Force majeure circumstances shall include but without limitation adverse weather conditions, industrial action, war, fire, accidents, delay by supplier, difficulties in transport, breakdown in machinery or plant and shortage of materials or labour. The Seller shall not be liable for any costs arising out of termination of the agreement or suspension of its duty to perform under this clause.
9. Warranty and Liability
9.1 The Seller warrants that for a period of twelve months from delivery the goods will substantially accord with the specification contained on the web site or otherwise agreed in writing with the Buyer.
9.2 The Seller shall not be held responsible under this warranty in the event of normal wear and tear or accidental damage, misuse or failure on part of Buyer or if the Buyer fails to use the latest database.
9.3 Except as expressly provided in these terms and conditions all warranties, conditions or other terms applied by statute shall be excluded to the full extent permitted by law.
9.4 The liability of the Seller under these terms and conditions shall not exceed the price of the goods paid by the Buyer.
9.5 In no event shall the Seller be liable for any indirect or consequential loss or damage including without limitation loss of profits, business interruption or loss corruption or mis-delivery of data.
10. Non Delivery
The Buyer shall notify the Seller and any carrier in writing of any loss, damage or defect in or non delivery of the goods within 3 days of when the Buyer discovers the damage or defect or when the goods should in the normal course of events have been delivered.
11. Data Privacy
Where the Buyer orders goods or sends an email to the Seller or pursuant to its use of the goods the Buyer’s personal data will be recorded and retained by the Seller in accordance with the Malaysian Laws. The Buyer agrees that its data may be used by the Seller for further email or other direct marketing purposes for the goods or services of the Seller in which the Buyer may be interested. The Buyer shall have the right to be removed from all mailing lists by notifying the Seller. The Seller shall not sell on personal data of the Buyer to third parties but by submitting information the Buyer consents to the use of that information as set out in this Clause.
12. Intellectual Property Rights
The Seller does not warrant that the goods are free from infringement of intellectual property rights in any country nor that the use of such goods in any country is free from infringement.
13. Third party rights
A person who is not a party to this agreement has no rights under the Contracts Act 1950 to enforce any term of this agreement but subjected to any agreement between the seller and the Buyer.
14. Age Restriction
No orders shall be accepted on the Seller’s web site from any person under the age of 18 years or the age of majority in Malaysia
15. Assignment
15.1 The Buyer shall not be entitled to assign this agreement or any part of it without the prior written consent of the Seller.
15.2 The Seller may assign this agreement or any part of it to any person, firm or company
16. Notices
Any formal legal notices shall be sent by the Buyer to the Seller and by the Seller to the Buyer by email and confirmed by post.
17. Law and Jurisdiction
This agreement shall be governed by Malaysian laws and both parties are bound to agree to the submission to the exclusive jurisdiction of the Malaysian courts if any disputes arise from the transactions whatsoever.
18. Disputes Resolution
Whenever dispute arises between the Seller and the Buyer, reference as to resolve the dispute must be made through steps as follows:
(i) First reference of complaint by the Buyer should be made to the Seller’s Consumer Complain Unit;
(ii) If only the first step still does not resolve the dispute, reference shall be made to Cybersettle.com, the Online Dispute Resolution; through methods of mediation or negotiation, any of which considers to be appropriate;
(iii) Reference may also be made to the Tribunal for Consumer Claims Malaysia, as alternative dispute resolution;
(iv) Last resort would be to bring suit to the court. This method of resolution should be the last consideration of all.
