"Contract" means a contract for sale by Ararat to the Customer of the products or services available for purchase on this Website (the "Products") incorporating the Terms & Conditions herein.
"Fulfillment Centre" means the location for return of defective Products which will be notified by Ararat when a valid claim is made by the Customer.
"Terms & Conditions" means these terms and conditions of use.
"Website" means the ararat.com.my website.
"You" means anyone accessing this Website.
2. AMENDING THE TERMS & CONDITIONS OF USE
Ararat may add to, change or remove any part of these Terms & Conditions at any time, without notice. Any changes to these Terms & Conditions or any terms shown on this Website or any subsite hereof, apply as soon as they are shown. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. Ararat may add, change, discontinue, remove or suspend any other content displayed on this Website, including features and specifications of Products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.
3. REPRESENTATION BY YOU
You hereby affirm and acknowledge that you are at least 18 years old and have the legal right and ability to enter into this Contract and to use any debit or credit card or any other online payment method used to purchase the Products. You also promise that all information you have provided is accurate and true. You authorize Araratto perform validation and authorization checks with the card issuer.
4. FORMATION OF CONTRACT
4.1 No Contract shall come into existence until the Customer's order has been accepted by Ararat. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.
4.2 The Products sold are subject to these Terms & Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms & Conditions herein.
5. ORDERS, PRICE AND PAYMENT
5.1 Payment for the Products shall be made in full before physical delivery of Products or services.
5.2 The Customer shall pay for all shipping and handling charges.
5.3 The Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, customs duties, import, excise, privilege and similar levies, taxes or fees and shall be responsible for assuring that the Product(s) can be lawfully imported into and complies with all laws and regulations of the destination country.
5.4 Prices and availability of the Products may be changed at any time without notice.
5.5 The price at which you agree to purchase the Products is the price stated on this Website at the time you place your order.
6.1 Ararat shall deliver the purchased Products to the place of delivery designated by the Customer and agreed to by Ararat("Place of Delivery").
6.2 Any dates quoted by Ararat for the delivery of the Products are approximate only and shall not form part of the Contract. Ararat shall not be liable for any delay in delivery of the Products and/or services, howsoever caused.
6.3 Ararat may revise and/or discontinue Products at any time without notice as part of Ararat policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that Ararat policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.
6.4 Domestic Deliveries (Deliveries In and Around Malaysia) Domestic Deliveries (by Nationwide) - within 5-7 working days for deliveries in and around Malaysia. This is only an estimated delivery period and shall not be construed as a guarantee. Please allow for at least 7 working days after which you may contact us or send us an inquiry for tracking purposes. A fully traceable delivery service is available.
6.5 International Deliveries (Deliveries to Any Destination Outside of Malaysia)International Deliveries - within 7-21 working days for deliveries outside of Malaysia. Available worldwide with certain restrictions. This service allows limited tracking ability. Some more remote addresses may incur longer transit times, which may take up to 30 days. Cost is dependent on the weight and volume of your order.
6.6 Credit Card Checks - Sometimes we may need to make additional checks on your credit card which could delay your order.
6.7 Non-Shippable Addresses - For contractual reasons we are unable to deliver to certain locations around the world. If your country is not listed when you are entering a delivery or billing address, then we will not be able to accept your order to deliver at that address. We reserve the right not to deliver overseas if we believe the address is not secure, for example PO Box addresses and certain countries.
7. RETURNS POLICY
7.1 No cancellation of order or refund will be entertained, unless the Product you have ordered is abruptly out of stock or we are unable to fulfil the order for any other reason.
7.2 If a Product is defective, we will replace the Product once the defective Product is returned to us, provided we receive notice of the defect within three (3) days of receipt of such defective Product by you. To return a defective Product, please contact our support department for assistance via phone, email or fax. Our contact details are as follows:
Ararat Sports & Souvenirs Sdn. Bhd
Lot 8B, Block A, Lorong Plaza Utama 3,
Jalan Sulaman, Alamesra, Kuala Menggatal,
88400 Kota kinabalu Malaysia
Tel : +6088-488018
Email : firstname.lastname@example.org
7.3 For your protection Ararat recommends that you use a recorded delivery service as we cannot be held responsible for Products not received.
7.4 We will not be responsible for returned Products that are lost or damaged in transit. Proof of postage will not be accepted/deemed as proof of receipt/delivery. You should take reasonable care to ensure that the Products returned to us are not damaged in transit and if appropriate arrange suitable insurance.
8. ACCEPTANCE OF PRODUCTS
Unless the Customer notifies Ararat to the contrary on the day of delivery and such notification is confirmed in writing within three days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Ararat.
9. LIMITATION OF LIABILITY
9.1 Ararat'stotal liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of Products and/or services under these Terms & Conditions.
9.2 Ararat shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase of the Products, even if Ararathas been advised of their possibility.
9.3 Any service response or delivery times stated by Ararat in the service contracts are approximate only and Ararat shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response or delivery times, howsoever occasioned.
9.4 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Ararat shall be subject to correction without any liability on the part of Ararat .
9.5 This Website and all information, content, materials, software and Products included on or otherwise made available to you through this Website are provided on an "as is" and "as available" basis, unless otherwise specified in writing.
9.6 Ararat makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, software and Products included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk.
9.7 Ararat does not warrant that this Website; information, content, materials, software or Products included on or otherwise made available to you through this Website; their servers; or e-mail sent from Ararat are free of viruses or other harmful components.
9.8 To the full extent permissible by applicable law, Ararat disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
9.9 Ararat shall not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, software or Products included on or otherwise made available to you through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
9.10 Parties other than Ararat offer services or sell products on this Website. Ararat is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Ararat does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties.
9.11 Ararat does not provide any warranty for the Products. Any warranty in relation to the Products, if provided, shall be from the manufacturer. For Products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; Product manuals, instructions and safety warnings may not be in destination country languages; the Products (and accompanying material) may not be designed in accordance with destination country standards, specifications, and labeling requirements. The Customer is responsible for assuring that the Product(s) can be lawfully imported into the destination country.
10.1 You agree to fully indemnify Ararat , its officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these Terms & Conditions or by your use of this Website, or the use of any other person accessing this Website using your account or your Personal Information.
10.2 You agree to fully indemnify Ararat and keep Ararat fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct by you or by any breach of the contractual obligations arising out of these Terms & Conditions.
11. GOVERNING LAW
These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Malaysia.
12.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Ararat . Any such unauthorized assignment shall be deemed null and void.
12.2 If any provision of these Terms & Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provisions in question shall not be affected thereby.