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TERMS & CONDITIONS
Welcome to EZZATI AMIRA. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.ezzatiamira.com (the “Site”) to you (the “Terms and Conditions”). Please take some time to read these Terms and Conditions before ordering any Products from the Site. By ordering any of our Products, you agree to be bound by these Terms and Conditions.
1. WHO WE ARE
We are EA INSPIRATIONS SDN BHD (1174746-X) having our business address at No 99, Lorong Maarof, Bangsar, 59000 Kuala Lumpur trading as www.ezzatiamira.com (“EZZATI AMIRA”).
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute an offense under Section 233 of the Communications and Multimedia act 1998. In the event such breach occurs, EZZATI AMIRA will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
3. ENTIRE AGREEMENT
3.1. These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and EZZATI AMIRA and supersede any and all preceding and contemporaneous agreements between us.
3.2. You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
4. TERMS OF SALE
4.1 To place an Order, you must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
4.2 You shall not misuse the Site by creating multiple user accounts.
4.3 Formation of a Contract:
The information set out in the Terms and Conditions and the details contained on this Site does not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this, you will receive an Order Confirmation which will act as an acknowledgment of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
4.4 Price and Payment:
Whilst we make best efforts to ensure that all details, descriptions, and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products 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 canceling it. If we are unable to contact you we will treat the Order as canceled. 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.
Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
We are under no obligation to fulfill your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
You can pay using any of our payment partners listed on our homepage. Similarly, you can pay all or part of the price of your Order using store credit or a promotional voucher.
To minimise the risk of unauthorized access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by the card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
Upon authorization of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
4.5 Mistaken Orders:
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. We will try our best to process your request.
4.6 Refusal of Order:
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
5.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
5.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.3 Upon delivery of the Product, you may be required to sign for the delivery. You may contact EZZATI AMIRA Team at
03-2202 2325 or firstname.lastname@example.org in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
5.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
5.5 We deliver in our standard packaging.
5.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you might impact your ability to shop on EZZATI AMIRA in the future.
5.7 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
Charge you for any fee and other costs reasonably incurred by us; or
No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
5.9 In the event there exists a conflict of total cart size which entitle free shipping, the value on the website shall prevail.
6. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order please contact our Customer Service Team on 03-2202 2325. No cancellation fees shall be applicable. Once an Order has been dispatched it may not be canceled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please call the above-stated number or refer to your return-slip provided in your received parcel).
7. RETURNS AND REFUNDS POLICY
7.1 If you are not completely satisfied with your purchase, you may return the Product to us within seven (7) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable items provided on our Site.
7.2 All items must be received by EZZATI AMIRA in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
7.3 You may process returns through your nearest post office. We also accept walk-in returns.
7.4 Your returned Products are usually received and accepted at our showroom within five (5) days after the drop-off at the post office counters. We will refund you via store credit which you may utilize for your next purchase. In the event you prefer to be refunded by different means please call our Customer Service Team at 03-2202 2325 or email email@example.com and we will try our best to assist you.
8. FAULTY PRODUCTS
8.1 All Product descriptions, information, and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
8.2 Product image as seen on the Site may slightly differ from the actual Product that you receive.
8.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
8.4 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
8.5 EZZATI AMIRA may at its discretion refuse to process a replacement/exchange order, however, may offer a refund as a substitute remedy.
8.6 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
9. DISCLAIMER OF LIABILITY
9.1 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Ezzati Amira and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
9.2 Nothing in these Terms and Conditions shall exclude or limit EZZATI AMIRA’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, hold harmless EZZATI AMIRA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
11. GUARANTEE AND COMPLAINTS MANAGEMENT
11.1 EZZATI AMIRA shall perform its obligations under these Terms and Conditions with reasonable skills and care.
11.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given. We will attempt to address your concerns as soon as possible and will contact you upon receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such, it may take longer to resolve such an inquiry or complaint.
11.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further inquiries.
12. PERSONAL DATA PROTECTION
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipient's address within Malaysia.
Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Ezzati Amira or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by EZZATI AMIRA and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
14.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of EZZATI AMIRA in Malaysia. EZZATI AMIRA's trademarks may not be used in connection with any product or service that is not provided by EZZATI AMIRA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EZZATI AMIRA. All other trademarks not owned by EZZATI AMIRA that appear on the Site are the property of their respective owners.
14.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
14.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event EZZATI AMIRA becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
14.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by EZZATI AMIRA or its licensors.
15. LINKS TO THE SITE
15.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.2 You must not establish a link from any Site that is not owned by you.
15.3 This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
19. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
20. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
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