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- INTRODUCTION
1.1. These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) apply exclusively between 24 Qirats Sdn Bhd (Company Registration No.: 905065-T) and any person placing an order on 24 Qirats’ website www.24qirats.com (the “Website”), (hereinafter referred to as the “Customer” or “You” and collectively with 24 Qirats, the “Parties”).
1.2. These General Conditions govern and apply to anyone accessing or using the Website, the relationship between the Parties and the supply of any product on the Website (“Product”) to the Customer.
1.3. Without prejudice to any other provision in these General Conditions, by using the Website or purchasing any Product, you represent, warrant and undertake (i) to accept, comply with, and be bound by these General Conditions; (ii) that you are over 18 years of age and have the legal capacity to abide by these General Conditions; and (iii) to comply with all applicable laws, regulations and rules in relation to your access to and use of the Website.
1.4. These General Conditions shall prevail notwithstanding any amendments by the Customer. Any amended conditions submitted, proposed or stipulated by the Customer, regardless of whether 24 Qirats has objected to them explicitly, are expressly waived and excluded.
1.5. 24 Qirats reserves the right to amend, modify, update, change or otherwise alter these General Conditions at any time. You are advised to read these General Conditions carefully and to check regularly for any updates, changes or modifications. As these General Conditions will govern all Orders, please review these General Conditions each time you place an Order. If you do not agree to any change, update or modification to the General Conditions, you must immediately stop using the Website.
- ORDERING
2.1. Submitting an Order
2.1.1. A Customer who wishes to purchase Products shall place an order through the Website (“Order”). All Orders are subject to acceptance by 24 Qirats and availability of Products.
2.1.2. Prior to submitting an Order, the Customer shall set up an account on the Website. For the steps you need to take to place an Order on the Website, please see Clause 2.2 hereunder.
2.1.3. The Order process allows you to check and amend any errors before submitting your Order to 24 Qirats. Please take the time to read and check your Order at each page of the Order process.
2.1.4. By placing an Order, you are (i) offering to contract with 24 Qirats for the purchase of a Product on these General Conditions, (ii) representing that you are over 18 years of age and have the legal capacity to form a binding contract, (iii) representing that you are an end user, and (iv) representing that all information provided to 24 Qirats in connection with such Order is true and accurate and that you are authorised to use the payment method you have provided for such Order.
2.1.5. Once an Order has been placed, you will receive an e-mail from 24 Qirats acknowledging the receipt of your Order (“Order Confirmation”).
2.1.6. Prior to 24 Qirats’s acceptance of an Order, verification of information may be required. 24 Qirats reserves the right at any time on receipt of your Order to accept or decline such Order, or any part thereof, even after your receipt of the Order Confirmation, for any reason whatsoever.
2.1.7. 24 Qirats may place a limit on the quantities that may be purchased per Order, per account, or per person which you will be informed of prior to 24 Qirats accepting your Order.
2.1.8. 24 Qirats may, at its sole discretion, accept amendments to an Order after an Order Confirmation has been provided to the Customer.
2.2. How to place an order on the Website?
The Customer will be required to complete several stages when placing an Order:
– add its chosen items to its shopping cart;
– select a method of payment;
– make its payment;
– the Customer will receive an email confirming that its Order has been logged; and
– lastly, the Customer will receive an email confirming its order (Order Confirmation).
Once the Order is ready to be shipped, 24 Qirats will send an order shipping email to the Customer (dispatch confirmation).
2.3. Price and Payment
2.3.1. Product prices will be stated on the Website when the Customer registers an account.
2.3.2. Product prices are subject to change at any time and without notice, but the Customer will always be charged the price which is displayed on the Website at the time you confirm your Order.
2.3.3. Prices are displayed in Malaysian Ringgit (MYR). 24 Qirats makes reasonable efforts to ensure that the price paid by the Customer is the displayed price. However, depending on the country of delivery, additional taxes, duties, charges and/or fees may apply. In the event that such additional taxes, duties, charges and/or fees apply, they shall be borne by you.
2.3.4. Prices displayed exclude delivery costs which may be added to the amount of your Order and shown on the check-out page. Such delivery charges may vary, depending on the amount of your Order, the delivery destination and the delivery method chosen.
2.3.5. You shall pay for the Product in full upon submitting your Order. Payment for Orders may be made by way of Paypal or direct bank transfer. 24 Qirats reserves the right to change the payment options at any time for any reason.
2.3.6. You undertake that all details you provide to 24 Qirats in connection with the Order will be correct. 24 Qirats reserves the right to obtain validation of your payment details before providing you with the Products.
2.3.7. Once 24 Qirats has received cleared funds in full in relation to your Order, you will receive an email from 24 Qirats confirming your payment (“Payment Confirmation”).
2.3.8. The Website contains a number of Products. It is always possible that despite 24 Qirats’s reasonable efforts, some of the Products on the Website may be incorrectly priced. If 24 Qirats discovers an error in the price of any Product you have ordered, 24 Qirats will inform you of this error and will give you the option of continuing to purchase the Product at the correct price or cancelling your Order. 24 Qirats will not dispatch your Order until your instructions have been obtained. If 24 Qirats is unable to contact you using the contact details you have provided, 24 Qirats will treat the Order as cancelled and notify you in writing. If the Order is cancelled, 24 Qirats will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable). For the avoidance of doubt, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, 24 Qirats does not have to provide the Product to you at the incorrect (lower) price.
2.4. Acceptance of Order
2.4.1. 24 Qirats shall not be obliged to supply the Products to you until it has accepted your Order. Until the time 24 Qirats accepts your Order, 24 Qirats reserves the right to cancel your Order for any reason whatsoever, including but not limited to 24 Qirats having reasonable grounds to believe you have breached these General Conditions, unavailability of Products or the Products not being purchased for end use. If 24 Qirats cancels your Order before it has accepted it, 24 Qirats will refund you based on your original mode of payment for the Order of the Products, inclusive of delivery charges (if applicable).
2.4.2. Your Order remains valid as an offer until your Order has been accepted. A contract shall be formed and 24 Qirats shall be legally bound to supply the Products to you when 24 Qirats confirms its acceptance to you by sending you an email confirming that the Products have been dispatched (“Dispatch Confirmation”).
2.4.3. Title to and risk of accidental loss of the Products purchased passes to the Customer upon issue of the Dispatch Confirmation.
2.5. Customs Regulations
2.5.1. The Customer is deemed to be the importer of the Products to the country of delivery and shall at all times be solely responsible for compliance with any and all applicable regulatory requirements in the country of delivery, which shall include but not be limited to (i) obtaining, at its own costs, such import licenses and other consents in relation to the import of the Products into the country of delivery, as are required from time to time, (ii) conducting all necessary testing and verification of the Products, including fitness for the intended purpose and (iii) any labelling requirements imposed on the Products.
2.5.2. The Customer shall be responsible for all applicable taxes, duties, fees or other charges of any nature (including but not limited to local sales taxes, consumption, gross receipts, import, sales, stamp duties, turnover, use or value-added taxes and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on the Customer) in relation to the purchase of the Products to the country of delivery.
2.5.3. 24 Qirats will ship the Products DDU (Delivery Duty Unpaid) and will not collect any taxes, duties and/or fees and cannot predict what your particular charges may be. 24 Qirats will only charge you for the Products purchased and the delivery cost involved. If your Order does incur additional charges, they must be paid by you in order for the Products to clear customs.
2.5.4. Customs authorities require that 24 Qirats state the value of the Products directly on the package. Custom agents have the right to release or deny your Products, and in some cases, they may also delay delivery.
2.5.5. Warning: 24 Qirats shall under no circumstances be responsible to you if the products do not comply with any applicable laws, rules or regulatory requirements in the country of delivery.
- DELIVERY
3.1. The Website is intended for use by Customers who reside in the country serviced by this Website and there may be limits on where 24 Qirats can deliver Products.
3.2. Estimated delivery dates of the Products will be indicated on the Dispatch Confirmation but the estimated delivery dates serve as a guide only and shall not be binding on 24 Qirats.
3.3. 24 Qirats shall contact you if an estimated delivery date cannot be met but 24 Qirats shall in no circumstances be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3.4. The Products shall be packaged in accordance with 24 Qirats’s standard packing procedures. 24 Qirats reserves the right to accommodate any specific packing instructions and in such cases, any additional charges which may apply shall be paid by the Customer before the Products are dispatched.
3.5. Products will be dispatched from 24 Qirats will be on the account and at the risk of the Customer. 24 Qirats is free to choose the carrier, the forwarding company and the means of transport.
3.6. As the risk of accidental loss of the Products purchased passes to the Customer upon 24 Qirats’s issue of the Dispatch Confirmation, even if delivery is made carriage paid, 24 Qirats is not obliged to insure the Products, or to insure the Products against damage in transit.
3.7. Unless otherwise agreed by 24 Qirats, 24 Qirats will deliver your Products to the delivery address provided by you on your Order Confirmation. On delivery of your Products, you will be required to sign for delivery and if no-one is available to take delivery of your Products, 24 Qirats’s appointed carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
- 24 QIRATS’ PRODUCTS
4.1. The images of the Products on the Website are for illustrative purposes only. Although 24 Qirats has made every effort to display the colours accurately, 24 Qirats cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Products purchased may vary slightly from those images.
4.2. 24 Qirats has made every effort to ensure that (i) all information published on the Website in relation to the Products are accurate, (ii) the Website is updated regularly and (iii) errors are corrected within a reasonable time of discovery. However, any of such content may be inaccurate or out of date at any given time. 24 Qirats reserves the right to make changes to the Website at any time including the Product prices, specifications, descriptions, offers and availability.
4.3. The packaging of the Products may vary from that shown on images on the Website.
- ACCESS AND USE OF WEBSITE
5.1. Access to the Website
5.1.1. Access to the Website is made available free of charge.
5.1.2. 24 Qirats does not guarantee that the Website, or any content on it will always be available or uninterrupted. Access to the Website is permitted on a temporary basis and 24 Qirats reserves the right to suspend, withdraw, discontinue or change all or any part of the Website without notice. 24 Qirats will not be liable to you if for any reason the Website is unavailable at any time or for any period.
5.2. Use of Website
5.2.1. Unless otherwise specified, the Website is solely for your personal and non-commercial use and you agree that you are only authorised to visit, view and retain a copy of any information or services obtained from the Website for informational use. You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing or selling any information, material or services obtained from the Website.
5.2.2. You may not use the Website:
(a) in any way that breaches any applicable law, regulation or rule;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(d) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.3. Member Account and Password
5.3.1. If you choose to create an account on the Website, you must complete the registration process by providing 24 Qirats with current, complete and accurate information. You are responsible for all use of your account and for keeping your user name and password confidential.
5.3.2. You agree to notify 24 Qirats immediately if you know of or suspect any unauthorised use of your account or any other breach of security.
5.4. Content
5.4.1. All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Website (hereinafter referred to as the “Content”) are owned by 24 Qirats, its associated companies and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
5.4.2. Content on the Website is for general information purposes only and is not binding on 24 Qirats in any way except to the extent that it is specifically indicated to be so. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
5.4.3. The use of and reliance on any Content on the Website is at your own risk and under no circumstances will 24 Qirats be liable for any Content or for any loss or damage of any kind suffered as a result of your use or reliance of any Content made available on the Website.
5.4.4. 24 Qirats makes no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up-to-date. 24 Qirats reserves the right, in its sole discretion, to amend, modify, update, change or otherwise alter the Content at any time without providing notice to you.
5.5. Intellectual Property Rights
5.5.1. 24 Qirats is the owner or the licensee of all intellectual property rights in the Website. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to 24 Qirats or its associated companies’ trademarks, Products or business activities.
5.5.2. Except as expressly permitted by 24 Qirats, you may not use, reproduce, copy, modify, publish, transmit, distribute, display, download, licence, transfer or sell any Content
- DISCLAIMER AND LIMITATION OF LIABILITY
6.1. 24 Qirats assumes no liability or responsibility for (a) errors, mistakes or inaccuracies of the products, content, services or any other information or material set out or made available through the website, (b) any unauthorized access to or use of secure servers (whether provided by 24 Qirats directly or by third parties appointed by 24 Qirats) and/or any and all personal information stored therein, (c) any property damage of any nature whatsoever resulting from a customer’s access to and use of or reliance on any products, content, services or any other information or material set out or made available through the website or any linked third party website(s), (d) any interruption or cessation of transmission to or from the services provided on the website and or linked third party website(s), (e) any viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware transmitted through the website or any linked third party website(s) and/or (f) any errors or omissions in the content, information or material set out or made available through the website (including but not limited to third party website(s)) or for any loss or damage of any nature incurred as a result of the use of or reliance on any of the foregoing.
6.2. These general conditions set out the full extent of 24 Qirats’ obligations and liabilities in respect of the supply of the products and there are no warranties, conditions or other terms that are binding on 24 Qirats except as expressly stated in these general conditions.
6.3. Any products, content, and services made available or obtained through the website or any linked third party website is done at the customer’s own discretion and risk and the customer shall be solely responsible for any damage to their computer system or electronic device, or any loss of data that results therefrom.
6.4. Use and reliance upon any and all of the products, content, is at the customer’s own discretion and risk and is made available on an “as is” and “as available” basis. Except as may expressly be stated herein, 24 Qirats makes no warranties or representations about the accuracy or completeness of the products, content, services or any other items or materials made available or linked to from the website.
- FORCE MAJEURE
7.1. A “Force Majeure Event” means any cause which is not reasonably foreseeable and is beyond the reasonable control and not due to the fault or negligence of the Party affected and which could not have been avoided by due diligence and the use of reasonable efforts. A Force Majeure Event includes, without limitation, Acts of God, drought, flood, earthquakes, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, explosions, strikes and changes in law. A Force Majeure Event includes the failure of a subcontractor to furnish labour, services, materials or equipment in accordance with its contractual obligations only if such failure is itself due to a Force Majeure Event
7.2. 24 Qirats shall not be liable for failure or delay in performing any of its obligations under these General Conditions to the extent that the failure or delay is due to a Force Majeure Event provided always that:
7.2.1. as soon as reasonably practicable upon knowing that it will not be able to fulfil its obligations, it notifies the Customer; and
7.2.2. no obligations of 24 Qirats which arose before the occurrence of the Force Majeure Event causing the suspension of performance are excused as a result of the occurrence.
7.3. Where the Force Majeure Event affects 24 Qirats’s delivery of Products to the Customer, 24 Qirats will arrange a new delivery date with the Customer after the Force Majeure Event is over.
- COMMUNICATION
For all Customer related enquiries, refer to the ‘Contact Us‘ page.
- GOVERNING LAW
These General Conditions shall be governed by and construed in accordance with the law of the Malaysia and the courts of Malaysia shall have exclusive jurisdiction.