TERMS & CONDITIONS
1. INTRODUCTION
www.aconland.com.my (Ecommerce website) is operated by or on behalf of Aconland Holdings Sdn. Bhd.
- If you place an order through this website, upon confirmation that such order is accepted, a contract of sale will be executed between you and Aconland Holdings, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as "Aconland/ we/us").
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering item online from the Ecommerce website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These terms apply to all offers and contracts relating to the sale and delivery of items by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Ecommerce website, (ii) order anything at any web page directly connected to the website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
2.2 PRODUCTS
We have different types of item as may be displayed in the Ecommerce website from time to time. Please note that in the case of limited edition or limited production, extra restrictions such as limiting the number of item per customer may apply. These restrictions will be made known to you via a notification in the website.
- All item shown on the website are subject to availability. Although we strive to ensure our website reflects the availability of stock, items shown may no longer be available for purchase.
- Minor differences in color and other variation in item are possible as a result of different image acquisition, display technology or other technical reason. Aconland is not liable for these variation and deviation.
- No rights can be derived from typing error, item description or manifest error in the website.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH ACONLAND
You can only order in the Ecommerce website if you are a consumer. You guarantee that the information provided in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 General Aspects of Contract Formation
The following applies to all item. All information in the Ecommerce website is an invitation to treat only. In other words, it is not an offer or a binding contract. All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third party. If we do not confirm acceptance of your order within 10 working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:-
- If item(s) shown in the website are no longer available.
- If we are unable to obtain authorization of your payment.
- If shipping restrictions apply to an item.
- If item(s) shown in the website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will provide you with a refund for the amount paid to us under the cancelled (part of) the order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4.1. under headings 1. to 4. above.
Aconland fully reserve the right to refuse to accept any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
2.4.2 Special Aspects of Contract Formation for Products
After your order has been placed, we will send an order acknowledgement email with your order number and details of the items you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the item between you and us will not take place unless and until either:
- you receive a confirmation from us that the item have been shipped to you from our warehouse; or
- you receive a confirmation from the carrier that the item are ready for you to pick up if you have chosen to pick up the item(s) at a carrier office or the carrier has stored the item at the pickup location.
2.5 RETENTION OF TITLE
All item will remain the property of Aconland until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier, partial or late delivery. You may not sell, dispose of or encumber any item before full title thereof has passed to you.
2.6 ORDER CANCELLATION
Please kindly contact our customer service for more details.
2.7 PRICE
Prices are quoted in Malaysia Ringgit (MYR). Aconland reserves the right to make price changes prior to an order placed by you.
- We reserve the right to change, limit or terminate any special offers or discounts at any time.
- We may charge delivery cost. The delivery cost may vary for each item and type of delivery. For further details, please contact our Customer Service. Any delivery cost will be charged separately, itemized and added to the total amount of the order.
2.8 METHODS OF PAYMENT
Please check the Ecommerce website for information on available payment methods.
Aconland reserve the right to conduct an individual credit check for each order in accordance with the Aconland Privacy Policy. Depending on the results of this check, Aconland reserves the right to refuse certain methods of payment.
2.9 INVOICING
Where we elect or are required by applicable law to issue or make an available invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.10 DELIVERY
We will deliver to the address indicated by you within Malaysia. However, we can only deliver to a home or office address or a carrier pickup location. We will confirm this to you by an email to inform that the item are ready for pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for delivery may also deliver the item to a neighbouring/nearby address or pick up point, after which Aconland is deemed to have met its obligation to deliver the item. The carrier will notify you of the delivery to that area.
- Free Shipping is available for standard delivery for orders above a minimum spend of RM100 (subject to revision from time to time at our sole discretion). There will be no shipping charges if you choose to self collect.
- Shipment of orders will take place on business days (Monday to Friday). Public holidays are not applicable. Please take into account on any public holidays including national/regional holidays in your country of residence.
- For detailed information about delivery periods, please check the specifications for the different types of delivery with our customer service. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation and you hereby waive your rights to claim.
Aconland is entitled to make split deliveries so that you receive your items as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request to deliver in parts, we may charge you for extra delivery cost. Each split order shall constitute a separate contract of sale. If we are late in delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will inform you as soon as reasonably practicable and reimburse any payments made.
2.11 Returns and Refunds
For information about Returns and Refunds, please go to Returns and Refunds section on our Ecommerce website.
2.12 EXCHANGE POLICY
We do not exchange items. If you wish to exchange an item, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns and Refunds Policy as stipulated in section 2.11.
2.13 DAMAGED OR DEFECTIVE PRODUCTS
For Aconland, quality is paramount. We thoroughly test all our item in real-life condition to ensure they are fully capable of standing up to the use for which they were designed. It is extremely rare for our item to be damaged or defective. Aconland has a legal obligation to make sure that our items conform to the contract of sale.
Returned Products are inspected by the Aconland Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specification. We undertake to fully refund the cost of any manufactured defective item.
If the problem was caused by reasons other than materials quality or assembly process, the original item is returned to you. We do not refund item:
- obtained from a source other than the Ecommerce website;
- that have been damaged by abuse or negligence (Ex. exposure to chemicals, caustic substances, open flame, high heat, sharp object, & etc.).
Please note the life expectancy of any item depends on the individual using it and the conditions of use. Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Ecommerce website and any Aconland content on social media websites; including without limit Facebook, Instagram and Twitter. These Use of the Website Terms and Conditions apply to all visits and uses of the website, as well as to the content (as defined below), information, recommendation, item and service provided to you on or through the website. By accessing and using the website, you grant your consent to these Use of the Website Terms and Conditions entirety in addition to any other law or regulation that applies to the website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed in the Ecommerce website, including logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software, is owned by Aconland, its affiliated companies, its licensors or its content providers. All elements of the website including the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Aconland, no portion or element of the website or its content may be copied or retransmitted via any means. The website content and all related rights shall remain the exclusive property of Aconland, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all content is and remain owned by Aconland, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Ecommerce website, you are authorized to view, play, print and download content found in the website for personal, informational, and non-commercial purpose only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. You may not reuse any content without first obtaining the consent of Aconland. For purpose of these terms, the use of any such content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from content found in the website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by Aconland. Aconland does not transfer title of the software to you. You own the medium on which the software is recorded, but Aconland retains full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on item of Aconland, product packaging and/or in the website, whether registered or not (the “Trade Marks”) remain the exclusive property of Aconland its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Aconland's prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet websites, is prohibited without the express written consent of Aconland.
3.3 DISCLAIMER OF WARRANTIES
The Ecommerce website and the content are free of charge and provided 'as is' and without any warranties of any kind. The information in the website is for general information purposes only and does not constitute advice.
Aconland does not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website or the server that makes the website available are free of viruses or any other harmful components. Furthermore, Aconland will not provide for specific IT infrastructure or connectivity. Thus Aconland cannot represent or warrant the Website will be uninterrupted or error free. Aconland does not make any warranties or representations regarding the use of the content in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Aconland limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law neither Aconland nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this website or any content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Aconland has been advised of the possibility of any such loss or damage.
3.5 LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Ecommerce website, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Aconland service and off the Website and are beyond Aconland's control. This includes links to partners that may use the trade marks as part of a co-branding agreement. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Aconland is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Ecommerce website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Aconland may deny you access to the website at any time in its sole discretion, and which shall include situations where Aconland believes that your use of the website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the website or its content or circumvent the structure or presentation of the website or any of its content or (b) to interfere with the operation of the website or any transaction being made on the website or interfere or affect any person's use of the website or to help facilitate any third party to purchase any product in the website.
You may not attempt to gain unauthorized access to any part or feature of the website or any system connected to the website by hacking, password mining or other illegitimate or unauthorized means.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials at you or other users of the Ecommerce website post to the website or transmit using the website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Aconland shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Aconland only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Aconland shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Aconland be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Aconland. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Aconland and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Aconland or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the website.
Aconland reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Aconland believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Aconland.
You agree to promptly notify Aconland in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Aconland sufficient information to enable Aconland to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Aconland agrees to make good faith efforts to investigate such complaint and shall take such action as Aconland in its sole discretion decides. However, Aconland does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
4. MISCELLANEOUS
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Ecommerce website or the Aconland's Terms and Conditions or in the unlikely event that you wish to make a complaint, please don't hesitate to contact our Customer Service +6016-210 0293.
Alternatively, you may also write to us using the following address:
- ACONLAND HOLDINGS SDN. BHD.
No, 1, Jalan perusahaan 3,
Taman Industri Selesa Jaya 2,
43300 Balakong, Selangor.
4.2 PRIORITIES
In case of contradiction between Aconland's Terms and Conditions and any content contained in other parts of the Website or in links, Aconland's Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE ACONLAND TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time at our sole discretion and without reference to you wherein you consent to the current Terms and Conditions applicable to you accordingly.
The use of this Ecommerce website as well as any purchase agreement executed between you and us, will be subject to the version of the Aconland's Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
Please check the Aconland's Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
Aconland fully respects the privacy of individuals who access and use the Ecommerce website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information, and under what circumstances we disclose information to third parties please see our Privacy Policy and Cookie Policy, which are incorporated into and form part of these Aconland's Terms and Conditions.
By creating a global Aconland's single account or placing a purchase order, you understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.
4.5 SEVERANCE
Each provision of the Aconland's Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Aconland's Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
Aconland reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Aconland's Terms and Conditions provided that your rights under Aconland's Terms and Conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Aconland's Terms and Conditions without our consent in writing.
4.7 EVENTS BEYOND REASONABLE CONTROL
Aconland will be not held responsible for any delay or failure to perform or comply with our obligations under the Aconland's Terms and Conditions when the delay or failure arises from any cause which is beyond Aconland's reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The Aconland's Terms and Conditions shall be governed by the laws of Malaysia. West Malaysia law applies to the sales contract.
Any dispute which may arise under these Terms and Conditions shall be under the exclusive jurisdiction of the Courts of Malaysia.