Terms & Conditions for Kainmewah Online E-Commerce Website
Terms of use
Before proceeding further, please read carefully the following Terms & Conditions of Use which will govern your use of the site. By using the site or by placing an order through the site you agree to and accept all these Terms & Conditions and therefore have entered into an agreement with Kainmewah Online governing your use of the site. In addition, when you use any current or future Kainmewah Online service(s), you also will be subject to the guidelines and conditions applicable to such service or business.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms & conditions. All orders are subject to availability and confirmation of the order price. In order to contract with our website, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Our website retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
Orders
All orders are subject to acceptance and availability. The items in your online shopping cart are not reserved and may be purchased by other customers until it is checked out.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’
Payments
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. Your card will be debited once the order has been accepted.
Discount Code
(i) Account discount codes – Discount codes may from time to time be offered to account holders; such codes may only be applied to purchase made through the account in respect of which the discount code was offered and registered.
(ii) Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this website.
The conditions of use relating to any discount code will be specified at the time of issue.
Notices and Communications
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
This site is provided by Kainmewah Online. This website makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, consent, materials or products included on this site. Our website disclaims all express or implied representations, warranties and conditions of any kind, including, but not limited to, particular purpose or non-infringement. This website makes no representations, warranties, conditions or guarantees that this site or the functions contained in the materials on the site will meet your requirements; will be uninterrupted, timely, secure or error-free or that defects will be corrected.
This website does not warrant that its servers or e-mails sent from Kainmewah Online are free of viruses or other harmful components or that the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations. All such warranties, representations, conditions, undertakings and terms are hereby excluded.
This website will not be liable for any special, direct, indirect, incidental, punitive and consequential damages or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill or savings, business
interruption, loss of information, whether in contract, negligence, or any other damages resulting from any of the following; -
(i) The use or the inability to use the site
(ii) Any defect in samples, data information or services purchased or obtained from a user or a third-party service provider through the site
(iii) Unauthorised access by third-party to your data or private information
(iv) Statements or conduct of any user of the site
(v) Any matters relating to services acquired through the site however arising, including negligence.
(vi) Any material downloaded or otherwise obtained through the site is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss or corruption of data that results or may result from the download of any such material, including any damages resulting from computer viruses.
(vii) Under no circumstances shall Kainmewah Online be held liable for a delay or failure or disruption of the consent or services delivered through the site resulting directly and indirectly from acts of nature, forces or caused beyond its reasonable control, including; -
• Internet failures
• Power failures
• Labour disputes
• Riots
• Insurrections
• Civil disturbances
• Shortages of labour
• Acts of God
• Acts of terrorists, war, government actions, orders of domestic or foreign courts or tribunals or non-performance of third parties
Applicable Law
This site is owned and controlled by Kainmewah Sdn. Bhd. in Malaysia. The Terms and Conditions shall be governed and interpreted in accordance with the laws of Malaysia without giving effect to any principles of conflicts of laws. Those who choose to access the site do so on their initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By visiting or using the site or by placing order through the site, you are hereby irrevocably accept, agree and consent to the exclusive jurisdiction or the Courts in Malaysia in all disputes, controversies or differences of whatsoever nature which may arise, out of or in relation to the Terms & Conditions, or the breach here of relating to the use of the site,
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the site. However, to the extent permitted by applicable law, we do not warrant that the product descriptions or other content available on the site is accurate, complete, reliable, current or error-free.
Modification & Discontinuance
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site and the Terms & Conditions (or any part thereof) with or without notice to you. The amended and restated Terms & Conditions will be posted on the site and shall be effective immediately upon posting. Posting by Kainmewah Online of the amended and restated Terms & Conditions you continued use of the site shall be deemed to be acceptance of the amended terms. You agree that this website shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the site. Please also review the other policies posted on this website.
Entire Agreement
The Terms & Conditions constitute the entire agreement between you and this website and govern your use of the site, superseding any prior agreements between you and Kainmewah Online (including but not limited to, any prior versions of the Terms & Conditions).
You also may subject to additional Terms & Conditions that may apply when you use other Kainmewah Online services, third-party content or third-party software.
