VLUZ CONCEPT WEBSITE TERMS AND CONDITIONS FOR ONLINE SALES AND PURCHASE OF GOODS

This page sets out the terms and conditions for all sales and purchases of goods through the online shop by Vluz Concept (M) Sdn Bhd at https://www.vluzconcept.com.my (“Website”).     Using of the Website and placing orders thereat shall be deemed to imply your acceptance of the T&Cs. All references in the T&Cs to we and us shall mean “Vluz Concept (M) Sdn Bhd” and “Goods” shall mean the products.

1.Sales and Purchases

1.1.Subject to the T&Cs, we will sell and you shall purchase, the goods (“Goods”) in accordance with the order you placed through the Website (“Order”).

1.2.We accept Orders for delivery within West Malaysia, East Malaysia and Singapore.

1.3.GST is not included for delivery to Singapore, customers are to pay GST directly to the related Authority or through Courier services.

1.4.You agree and warrant that the purpose of the purchase hereunder is for your personal use as an end user. The Website is not intended for use by children. If you are under eighteen years of age, you must obtain the consent of your parents or legal guardian before disclosing any personal information or making any purchases from the Website.

2.Orders

2.1.Your Order shall constitute an offer from you to us to purchase the Goods which shall form the subject of the Order. We have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times.

2.2.In the event that we accept your Order, we will notify you of our acceptance by way of a written confirmation (“Confirmation”) sent to your designated electronic mail address. The quantity, description and specification (if any) of the Goods set out in the Confirmation shall be final and conclusive evidence of the same. A legally binding contract for the sale of the Goods between you and us shall not be formed unless and until such Confirmation has been issued by us.

2.3.You are responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address and your contact details. We will not be liable for any failure or delay or otherwise in discharging our obligations and / or performing our duties under the Contract if such default is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.

2.4.Orders place by the Customer are deemed to be irrevocable orders, and shall be subject to confirmation by Vluz Concept. Our Sales representatives will send the Customer an Order confirmation including the relevant Order details. The Order shall only become binding once Order confirmation transmitted by Vluz Concept to the Customer.

3.Payment Terms

3.1.All prices stated on the Website are in Ringgit Malaysia and are subject to adjustment at our absolute discretion at any time and from time to time without prior notice to you.

3.2.The purchase price of the Goods (“Price”) shall be the price specified in the Confirmation. Notwithstanding the foregoing, we reserve the sole and absolute right to adjust the Price to reflect any change in the cost of the Goods due to any unforeseen circumstances and / or factors beyond our reasonable control, including without limitation, any foreign exchange fluctuation, currency regulation, change in tax duties.

3.3.Unless specified by us otherwise, payment shall be in Ringgit Malaysia by way of Visa, MasterCard or Bank transfer.

3.4.Payment for the Goods shall be debited from your designated credit card upon our issuance of the Confirmation to you.

3.5.Your credit card payment shall be processed by our authorized service providers (“Payment Processor”). All payment details entered through the payment gateway of the bank collecting the credit card payment for us will be encrypted.

3.6.We will not be liable for any loss or damage, including theft or fraud, arising directly or indirectly from:

  • (a)your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons when you enter your payment details online;
  • (b)your failure to provide accurate information in the course of the online payment process; or
  • (c)any other reasons in connection with the specified mode of payment.

4.Personal Data and Privacy

We will collect and use the information furnished by you in connection with the Order (“Information”) in accordance with the Privacy Statement as posted on this Website and this Clause 4. By furnishing the Information to us, you are agreeing to our use of the Information as set out herein. The Information will at all times be governed by ACT 709 PERSONAL DATA PROTECTION ACT 2010. Please note in particular the following:-

4.1.Collection of the Information shall be for the purposes of:

  • (a)providing you with the Goods in accordance with your Order;
  • (b)maintaining our records relating to you and your Order, in order that we may provide maintenance, guarantee and other services to you (if applicable);
  • (c)sending you information relevant to your Goods and advertising and promotional materials which may be of interest to you;
  • (d)determining the amount of any payment owed to or by you (if any);
  • (e)collecting any amounts outstanding from you; and / or

4.2.We will keep the Information confidential, but we may from time to time provide the Information to:

  • (a)any governmental or statutory authorities pursuant to statutory or judicial order or in compliance with applicable laws;
  • (b)any other person on a need-to-know basis who is under a duty of confidentiality to us, such as our authorized service providers which include the Payment Processor.

4.3.We will not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or misuse of any of the Information by any third party under whatever circumstances. You acknowledge and agree that your provision of the Information is made entirely at your own risk.

5.Delivery of the Goods

5.1.Subject to Clause 5.2, the Goods will be delivered to you at your designated address (“Delivery Address”) within the Delivery Zone (as defined below) on such date as specified in the Confirmation (“Delivery Date”). Delivery will normally be made between 8:00 a.m. to 6:00 p.m. on a weekday from Mondays to Fridays, or between 9:00 a.m. to 12:00 p.m. on Saturdays (excluding Malaysia’s or Singapore’s public holidays). For the purpose of this Clause 5, “Delivery Zone” shall mean anywhere within Malaysia and Singapore.

5.2.For the avoidance of doubt, the amount of delivery charge paid to us (if any) may not be offset against the cost of installation or other services payable by you (if applicable).

5.3.We reserve the right to revise any terms of the delivery service (including but not limited to the Delivery Zone and the delivery charge) from time to time without prior notice. All delivery charges paid are non-transferrable, non-refundable and non-exchangeable for cash or goods once the Order is confirmed pursuant to Clause 2.4.

5.4.Please refer to “Delivery Terms” for the details. Notwithstanding the foregoing, time of delivery of the Goods shall not be of the essence in the Contract and are only our best estimate. We reserve the right to change the Delivery Date from time to time upon service of reasonable prior notice to you, whereupon you shall accept delivery of the Goods on such revised Delivery Date as we may advise. Under no circumstances shall we be liable to you for any delay (howsoever caused) in respect of the delivery of the Goods (whether or not the same has been notified to you). For the purpose of this Clause 5.5, “Working Day” shall mean a day excluding Saturday or Sunday or public holiday in Malaysia or Singapore.

5.5.Shipping and delivery dates are estimates only and cannot be guaranteed. Vluz Concept is not liable for any delays in shipments.

6.Passing of Risk

6.1.The risk in the Goods shall pass to you immediately upon delivery of the same at the Delivery Address.

7.Return / Replace / Cancellation of Goods

7.1.Return of Defective Goods

7.1.1.We shall be deemed properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of fault and the particulars of such fault are given in writing by email or calling our customer service accompanied within the same day of its delivery at the Delivery Address. Goods shall be return to us at our stated address within 14 days. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so.

7.1.2.In the event that a request is lodged in accordance with Clause 7.1.1 and subject to satisfactory proof of fault thereof, we shall, at our sole and absolute discretion, either:

  • (a)replace the Goods free of charge subject to the terms herein, in particular Clauses 7.1.3 and 7.1.5; or
  • (b)refund to you the amount paid for the Goods subject to the terms herein, in particular Clauses 7.1.4 and 7.1.5, after your return of the Goods.

7.1.3.Without prejudice to anything contained in the Contract, except the cost of delivery to return the Goods, all costs and expenses arising from the return of the Goods under Clause 7.1.1 and delivery of the replacement thereof under Clause 7.1.2(a) shall be borne by you entirely.

7.1.4.Refund of payment under Clause 7.1.2(b) shall be made in such manner as we shall determine at our sole and absolute discretion.

7.1.5.The Goods returned under Clause 7.1.1 shall be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) shall be returned simultaneously.

7.2.Cancellation of Goods

7.2.1.No cancellation would be accepted after order confirmation with payment.

7.3.We reserve our sole and absolute right and discretion to decline any request under this Clause 7. In the event of any dispute hereunder, our determination shall be final and conclusive.

8.Warranty Service

8.1. Different warranty terms apply to different products purchased online. The warranty period hereunder shall commence from the date of delivery of the Goods at the Delivery Address and shall remain valid for a certain period (as the case may be) (“Warranty Period”), which scope shall be subject to the detailed terms and conditions of warranty offered by the Warrantor.

8.2.The warranty under this Clause 8 shall not cover, inter alia:

  • (a)any consumable items / parts supplied with the Warranty Goods;
  • (b)any accessories not being part or component of the Warranty Goods;
  • (c)damage due to acts of God, accident, misuse, abuse, negligence, unauthorized alteration / modification, improper handling or operation, improper connection to voltage supply, repair or attempted repair of the Warranty Goods by any person not authorized by the Warrantor, or deterioration due to normal wear and tear; or
  • (d)damage excluded by the Warrantor.

8.3.If any Warranty Goods are found to be faulty or defective during the Warranty Period, we will, subject to the relevant terms and conditions of warranty offered by the Warrantor, arrange at our option to either repair or replace such Warranty Goods at no additional cost to you, provided that you take the Warranty Goods to our showroom within the Warranty Period and collect it from the same after completion of the relevant repair or replacement (as the case may be) at your own cost.

8.4.Notwithstanding anything contained in this Clause 8, the extent of our liability in respect of any Warranty Goods during the Warranty Period shall be limited to the extent and scope of warranty offered by the Warrantor. For the avoidance of doubt, we shall not be liable for any fault, damage or defect of any non-Warranty Goods at any time save and except only for obligations under Clause 7 (if applicable), or be liable for any fault, damage or defect of any Warranty Goods after the expiration of the Warranty Period.

8.5.This warranty (the "Warranty") further supplements the warranty terms and conditions set out in FLOS' General Terms and Conditions of sale (www.flos.com) as follows: 1. For the 2 (two) years following the date of delivery ("Warranty Period") the Company warrants the Product: a) are free from defects in design and workmanship such as to render them unfit for their intended use, provided that they are used in accordance with the applicable instructions as provided by the Company; b) meet the standards of manufacture and the other requirements applicable to the specific Product purchased also in relation to any certifications that from time to time may accompany the Products. In the event that the Customer alters and/or modifies or destroys and/or returns the Non-Conforming Products, failing to comply with the procedure set out above, the Company shall be relieved of any liability.

For the avoidance of doubt, this Warranty is valid and effective provided that:

  1. Any materials, components, spare parts and electrical equipment (such as light sources, drivers, bulbs, transformers etc.) used in the installation, maintenance and use of the Products are those provided or recommended by the Company
  2. Electric system complies with the wiring rules in force according to local regulations.
  3. Any damages that can be directly or indirectly caused to persons, animals and things as a result of the non-compliance with instructions and applicable rules for installation, use and maintenance of the Product, or related to any possible interruption of operation of the Products.

9.Giveaways

9.1. Gifts are valid while stocks last.

9.2.We reserve the right to make the final decision in case of dispute.

10.Liability

10.1.The Contract sets out the full extent of our obligations and liabilities in respect of the Goods and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any conditions and warranties, whether express or implied by statute, common law or otherwise, including warranties of merchantability or of fitness for a particular purpose, and any additional damages, compensation or indemnification, other than such conditions, warranties and liabilities as are expressly provided for in the T&Cs, are, insofar as and to the fullest extent permitted by law, expressly excluded.

10.2.We give no warranty as to the accuracy of the information contained on the Website and accept no liability arising from any inaccuracy of the information therein contained. Any typographical error, clerical or other error or omission on the Website, any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction at any time without any liability on our part. You shall use the Website and any other websites accessed through it, at your own risk.

10.3.No failure or delay by us in exercising any right, power or remedy under the Contract shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of the Contract shall be deemed to be a waiver of any subsequent breach of that or any other provision of the same.
  We shall not be liable for any default of obligations or duties directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to internet system failure), or any other causes beyond our reasonable control.

11.General Terms

11.1.We reserve the right to amend the T&Cs from time to time without prior notice to you.

11.2.The T&Cs as set out herein and any dispute or matter arising from the Contract shall be governed by and construed in accordance with the laws of Malaysia. Both you and we shall submit to the non-exclusive jurisdiction of the Malaysia courts.

12.Enquiries

If you have any enquiries, please contact us at +60323001665 between 10:00 a.m. to 6:00 p.m. from Monday to Friday or by email sales@vluz.com.my. We are closed on Sunday and Malaysia Public holidays.