YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
If you do not accept all of the terms and conditions contained herein, you are advised not to use our Online Store service.
“Customer” means any individual who are members or non-members entitled to purchase our goods in accordance with this agreement;
“You” means user or customer
“MOSSES” means the owner and operator of this online store.
“Business day” means a day on which banks in Malaysia are open for banking business;
“Goods” means any kind of goods, products or services which MOSSES intended to supply in accordance with this agreement;
“Order” means the request by customer to purchase goods from our website;
“Contract” means the contract for the purchase and sale of goods, howsoever formed or concluded;
“Logistic Service Provider” means any logistic provider engaged by MOSSES;
“Handling Fee” means the fee paid for the administration, after sales support and customer care services provided by MOSSES;
“Online Payment Transaction Fee” means the fee paid by MOSSES for each and sale transaction of the Goods sold to the Customer through the Online Store.
SUPPLY OF GOODS
The supply of Goods by MOSSES to the customer shall be subjected to the terms and conditions contained herein. These terms and conditions constitute the entire agreement between You and MOSSES which shall exclude any other terms and conditions contained or referred to in any documentation submitted by you or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
Any information made available in MOSSES website in connection with the supply of Goods, including images, drawings, data about the extent of the delivery, appearance, performance, dimensions and weight are not binding and for information purpose only. You acknowledge that, in entering into this Contract, it does not rely on and waives any claim based on any such representations or information.
No variation to these Conditions will be binding unless such variation has been agreed and approved in writing between you and MOSSES.
Any typographical, clerical or other error or omission in any quotation, price list, sales order, and acceptance of offer, invoice or other document issued by MOSSES shall be subject to correction without any liability on the part of MOSSES.
TERMS OF SALE AND PAYMENT
Customer who wish to place the order from MOSSES Online Store will required to furnish the accurate and true contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch. Order acceptance and completion of the Contract between you and MOSSES will only be completed upon a confirmation of dispatch has been issued via email to you.
No Contract in respect of any Goods shall exist between you and MOSSES until we have shipped the Goods to your address.
You shall not modified or cancelled any non-concluded contract except with agreement in writing of MOSSES and on terms that You shall indemnify in full against all loss (including loss of profit) costs (including the cost of all labour and material used) damages charges and expenses incurred by MOSSES as a result of the modification or cancellation, as the case may be.
Where applicable, prices are in Ringgit Malaysia and inclusive of delivery cost within Malaysia.
Whilst we make our best efforts to ensure that all details, descriptions and prices which appear on the online store are accurate, there may be instances where errors may occur. If we discover an error in the price of any Goods which you have ordered, we will notify you as soon as possible and allow you the option of reconfirming your Order at the correct price or cancelling it. However, we will cancel the Order if we are unable to contact you. 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.
You can pay using any of our payment methods listed on our website such as credit cards, debit cards, online banking and pay-pal. Similarly you can pay all or part of the price of your Order using a promotional voucher where applicable.
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. In the event that the issuer of credit card or debit card refuses to authorize payment, we shall not be liable for any delay or non-delivery of the Goods. Your card will only be debited once the order has been accepted.
Promotional vouchers are not accepted physically except online purchase.
In case you made a wrong order of any goods or would like to cancel your order, you may send us email at email@example.com immediately so that we can process your request. However, we cannot amend the order if the goods have been handed to our logistic service provider.
MOSSES reserve the right to withdraw any goods from the Online Store at any time and/or edit any materials or content in the Online Store. We will make our best possible efforts to process all Orders but exceptional case may arise wherein, we may need to refuse to process an Order after an Order confirmation sent to you, which we reserve the right to do at any time, at our sole discretion.
We will refund the full payment amount made by you if we cancel your order.
MOSSES may from time to time offer promotional vouchers which may apply in respect of any, or certain specified, purchases made though this Online Store. The conditions of use relating to this promotional voucher will be specified at the time of issue.
DELIVERY OF GOODS
Goods delivery shall be made to the address specified by the customers in its order.
If MOSSES has failed to deliver the Goods in within the time indicated in the checkout order, we shall notify you in writing, but to the extent permitted by law, we are not liable for any losses, liabilities, costs, damages, charges or expenses arising from late delivery.
All goods are in standard packaging by our Logistic Service Provider(s).
Providing full payment of all sums due in respect of the goods, including delivery charges have been made for the goods purchased, the goods will be at your risk from the time of delivery of the goods to you; regardless of whether you actually physically take delivery of the goods or not.
We will leave a notice card with information on new schedule delivery date and time or collection from our Logistic Service Provider in case you are not available to accept the goods.
If you fail to accept or collect the goods within our stipulated period of time, unless otherwise stated where the fault is on MOSSES, we may charge you for any fee and other costs incurred by us; or terminate the contract and refund the payment less our online payment transaction fee and handling fee.
RETURN, REPLACEMENT OR REFUND OF GOODS
The return, replacement or refund of Goods shall be determined in accordance with our Return Policy. You are expressly agreed that MOSSES reserves the right to change the terms and conditions in this Return Policy from time to time. Please see our Return Policy which forms a part of these Terms and Conditions.
We make our best effort to publish all goods descriptions, information and materials as accurate as possible; however, there are times where product image as seen on the Online Store may slightly differ from the actual Goods that you receive.
MOSSES shall not be liable to customer for any breach or delay in this contract due to the following clauses beyond our reasonable control, including without limitation:
a) Civil commotion, war (whether declared or not) or threat or preparation of war, riot, invasion, terrorist attack or
threat of terrorist attack;
b) Interruption of transport such as railways, shipment, aircraft, motor transport, or other means of public transport
or private transport;
c) Act of God;
d) Fire, explosion, flood, storm, earthquake, tempest, or other natural disaster;
e) Strikes, lock-outs, or other industrial actions;
f) Import or export regulations or embargoes;
g) Interruption of production or operation, difficulties in obtaining raw materials, labour, fuel, parts, or machinery.
h) The acts, decrees, legislation, regulations or restrictions of any government;
i) power failure or breakdown in machinery;
j) Interruption or breakdown of public or private telecommunication networks.
In the event of any one of the circumstances occur set out above, MOSSES at its absolute sole discretion to exercise the right to terminate the Contract by written notice and without any liability other than refund the payment to you.
If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Agreement or the terms.
No waiver by us of any of these terms or of any rights or remedies arising from the Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in email.
If any of these terms or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
PROHIBITIONS OF USE
The purpose of this Online Store is for personal shopping use only, you must not use this Online Store:-
a) in breach of any applicable laws or regulations;
b) to harm, abuse, harass, stalk, threaten or otherwise offend others;
c) to interfere with, disrupt, or create an undue burden on the website;
d) to upload, post, transmit or otherwise make available any material that is not your original work, or which may
infringe the intellectual property or other rights of another person;or could reasonably be expected to be,
defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise
unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult
or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental
e) to introduce viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
MOSSES will report the breach mentioned above to the relevant law enforcement authorities and appropriate legal action will be taken.
MOSSES shall own the copyrights of all contents, explanatory sentences, graphics, video, pictures, images or other information that are created or produced by MOSSES. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of MOSSES.
All other trademarks not owned by MOSSES that appear on the Online Store are the property of their respective owners.
THIRD- PARTY HYPERLINKS
You must not link to, frame or mirror any part of the website without MOSSES written authorisation unless otherwise in a legal way that is not likely to damage our reputation.
Third Party Content and Third Party Websites are not under the control of MOSSES. MOSSES does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third-party sites.
These terms and conditions are governed by the laws of Malaysia and you herby submit to the exclusive jurisdiction of the Courts of Malaysia.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing via email, and if to the Customer, by email or to the address provided.
In the event that MOSSES suspects that you have failed to comply with any of the provisions of this Terms and Conditions, we will exercise our right to terminate this contract without prior notice to you.
This condition will also apply if:
a) You cease – or threaten to cease – to carry on business; or
b) You make any voluntary arrangement with its creditors or become subject to an administration order or (being an
individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose
of amalgamation or reconstruction); or
c) If we reasonably apprehend that any of the events mentioned above is about to occur in relation to you.
Then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to you.
LIMITATION OF LIABILITY
In no case shall MOSSES, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use or inability to use the website, including, but not limited to, any errors or omissions in any content (or product) posted, transmitted, or otherwise made available via the Online Store, even if advise of their possibility. In the event the prevailing laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, the company’s liability shall be limited to the extent permitted by laws of Malaysia.
To the fullest extent permissible pursuant to applicable law, MOSSES, our affiliates, and each of our respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the online Store will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Online Store, whether the material is provided or otherwise supplied by MOSSES or any third party.