LITTLEHOMES TERMS AND CONDITIONS OF SALE
OPERATOR WILL ONLY ACCEPT ANY ORDERS FROM YOU IF YOU ARE OF THE AGE OF 18 YEARS OR ABOVE, AND ALL THE TERMS AND CONDITIONS HEREIN ARE APPLICABLE ON THAT BASIS. IF YOU ARE BELOW 18 YEARS OF AGE, PLEASE DO NOT PERFORM ANY PURCHASE UNLESS YOU ARE PERFORMING THE ACT OF PLACING AN ORDER ON BEHALF OF A PERSON WHO HAS ATTAINED THE AGE OF 18 YEARS, WITH THE PERSON’S EXPRESS CONSENT, AND THIS PERSON SHALL BE DEEMED TO BE THE CUSTOMER IN SUCH EVENT.
B. CONTRACT BETWEEN CUSTOMER AND CONCEPTWIN
2. All orders are deemed offers by you to purchase the Products for use by you or your legal assign as end-user and / or consumer.
3. The Operator may accept your order by issuing a confirmation or accepting your payment for the Products specified in your order. The Operator’s acceptance of each such order is expressly subject to and conditional on your acceptance of the TCS. You are not permitted to add other terms and conditions to the TCS for a Transaction.
4. A contract is formed between you and the Operator when your order for purchase of a Product is accepted by the Operator.
5. For clarity, an order may consist of different and/or multiple items of Products, and when accepted, your purchase of each item of Products in the order forms a contract between you and the Operator, independent and separate from your purchase of the other items in the order. The contracts may be performed separately or simultaneously, at the discretion of the Operator.
C. FREE GIFT
6. Where an item is specified as a “gift” or “free gift”, which may be bundled with a Product, the gift shall not form part of the contract or Transaction between you and the Operator. No warranties are given by the Operator in respect of the gift whether in respect of its appearance, form, function or quality.
D. PRICES AND PAYMENT
7. All prices posted on this Website are subject to change without notice. Prices prevailing at time of the Operator’s acceptance of your payment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.
8. Your payment is accepted when the Operator issues and delivers to you a confirmation of receipt of payment.
9. The Operator may, without liability, cancel any Transaction before shipment / delivery due to any error in its stock count or arrangement of delivery of the Product(s) ordered.
10. In the event of cancellation of a Transaction by the Operator, the Operator shall refund all monetary consideration which has been received by the Operator for the Ordered Product under the cancelled Transaction.
F. SHIPPING / DELIVERY AND HANDLING
11. The Operator shall be responsible for shipment or delivery of the Ordered Product(s). Charges for the shipment / delivery will be specified during the ordering process and before you confirm your order.
12. You shall pay for the shipment / delivery charges simultaneously with the payment of the Product(s).
13. Shipment / delivery will be made to the address specified by you within 4 working days as your shipping address. PLEASE TAKE NOTICE that the Operator shall not be responsible for any losses or damage due to any mistake on your part in providing the correct shipping address and the Operator shall not be responsible to deliver or re-deliver the Ordered Product(s) to an address different from the shipping address you provide.
14. Shipping / delivery schedules are estimates only and cannot be guaranteed. The Operator is not liable for any delays in shipment / delivery.
15. The carrier engaged by the Operator will contact you via the contact number you provide to arrange for delivery. You are required to arrange for acceptance of delivery of the Ordered Products at the shipping address provided by you. If no one is available to accept delivery of the Ordered Product(s) when the carrier arrives at the shipping address, the carrier or the Operator will require you to arrange to pick up the Ordered Product(s) from the nearest service centre of the carrier.
G. PASSING OF TITLE AND RISKS
16. Title and risk of loss and damage of the Ordered Product(s) shall pass to you upon your acceptance of delivery of the Ordered Products by the Operator’s carrier at your shipping address, or after the expiry of 7 days from the date the Operator’s carrier attempts to make delivery of the Ordered Product(s) at your shipping address, as the case may be.
H. RETURN AND REPLACEMENT
17. In the event an Ordered Product contains defect(s) which affect the safety of the Product, or is not of acceptable quality, or substantially differs from its descriptions as appear on this Website, you may return the Defective Product delivered to you on the following conditions:
(a) you fill in the “Feedback Form” which is accessible on this Website, with all the required information and submit the “Feedback Form” to the Operator via the Website within 7 days from the date of delivery of the Defective Product to the shipping address or within 7 days from the date when the title and risks of the Product pass to you, as the case may be;
(b) within 7 days from the date of delivery of the Defective Product to the shipping address or within 7 days from the date when the title and risks of the Product pass to you, as the case may be, you deliver, either by yourself or a courier company, to the Operator’s warehouse at the address shown at “Contact Us” the complete set of the Defective Product, accompanied by the Operator’s official receipt, shipping bill and the original packaging of the Defective Product.
18. If the Product you return is verified by the Operator to be a Defective Product, you shall have an option of asking for either a refund of all money you have paid the Operator for the Defective Product or a replacement of the same Product. The Operator may choose to refund to you the money you paid for the returned Defective Product if:
(a) the Operator is not in possession of sufficient stock to provide a replacement;
(b) a replacement is not available within a reasonable time; or
(c) at the Operator’s determination, it is unfeasible or commercially unviable for the Operator to provide a replacement.
19. If the Product returned by you is not a Defective Product, you shall be liable to pay the Operator any delivery charges incurred for re-delivering the Product to your shipping address, before the Operator re-deliver the Product to you.
20. The Operator shall notify you in writing within 7 days from its receipt of the returned Product whether it will provide a replacement or a refund, or it is not a Defective Product.
21. In the event the Operator confirms that you will get a replacement for a returned Defective Product, the Operator shall also confirm the estimate date of delivery of the replacement to the original shipping address provided by you when you confirm your order of the Defective Product(s).
22. In the event the Operator confirms that you will get a refund for a returned Defective Product, the Operator shall effect the refund within 14 days from the day the Operator’s confirmation. The refund shall be made in the form of a bank transfer into the bank account which details are provided by you.
23. The Operator warrants that:
(a) a Product shall be of acceptable quality having regard to:
(i) the nature of the Product;
(ii) its price;
(iii) descriptions of the Product displayed on this Website;
(iv) additional information provided by the Operator in response to any queries from you or any other Users which is displayed on this Website;
(v) any disclaimer highlighted by the Operator or displayed on this Website which is clearly related to the Product.
(b) a Product shall fit the purposes expressly stated by the Operator on this Website;
(c) a Product shall fit the descriptions given to it at this Website;
(d) any Ordered Product may be used during its Warranty Period, if any.
24. The above warranties shall cease to have any effect in respect of any Product(s) damaged by acts of God, fire, casualty, or your failure to use or to exercise maintenance in accordance with any user manual provided, or your use of the Product for any purpose other than that expressly stated by the Operator or for which the Products were not designed.
25. The Operator further warrants that it has the right to sell any Product(s) displayed on this Website which is indicated to be available and not out of stock.
26. PLEASE TAKE NOTICE THAT apart from the purposes stated by the Operator on this Website, the Operator is not in a position to supply any Product based on or in accordance with any purposes communicated by you to the Operator.
27. PLEASE TAKE NOTICE THAT the Operator does not warrant that the actual Product you receive will be exactly the same as any image(s) in photographs or videos of such Product displayed on this Website. Further, the appearance of a Product on this Website may differ from the actual Product you receive in its colour tone or its packaging.
28. In the event there is inconsistency between the written descriptions of a Product and its image(s) displayed on this Website, the Operator only warrants that the Product will comply with the written descriptions.
29. Unless otherwise expressly stated in the descriptions of a Product displayed on this Website, the Operator does not warrant that the Product supplied to you can be repaired or its spare parts will be available for any period after the Product is delivered to you.
30. The Operator’s liability under the warranties stated above, will be, at your choice, to replace the Defective Products, or to refund the amounts paid for Defective Products properly returned to the Operator. In the event the Operator agrees to repair a Defective Product, the Operator shall have no liability to pay any costs for repairs performed by anyone other than the Operator or a contractor assigned or authorised by the Operator, unless in each instance the Operator has given written approval for such third-party repair.
31. EACH OF THE ABOVE WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND THE OPERATOR HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES UNLESS THEY ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED.
32. The TCS constitutes the entire agreement between the Operator and you relating to this subject matter. To the extent an order, a confirmation, or any notice is inconsistent with the TCS, unless expressly agreed in writing otherwise, the TCS shall prevail.
33. All notices from the Operator to you pursuant to a contract formed herein shall be deemed to have been effectively delivered to you within 30 minutes from the time the notice is sent from the Operator’s system to the email address provided by you.
34. All notices from you to the Operator pursuant to a contract formed herein shall be sent to the Operator’s address at:
(i) if by email:
(ii) if by registered post:
No. 16, Jalan Semtec 3,
Semtec Park, Semenyih
35. The Operator will send you a confirmation of receipt if and when a notice from you to the Operator is effectively delivered by email.
36. A notice from you to the Operator is deemed effectively delivered by registered post within the ordinary course of post if it is properly addressed to the Operator.
37. This TCS shall be governed by and interpreted based on the laws of Malaysia. Any claims, disputes, differences arising out of or in connection with this TCS shall be determined in a Court of Malaysia of competent jurisdiction.