TERMS AND CONDITIONS OF SALE
1.1. "Buyer" means the individual or organization that buys or agrees to buy the Goods from the Seller;
1.2. "Consumer" shall have the meaning ascribed as per the Consumer Protection Act 1999;
1.3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4. "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5. "Seller" means HEART & SHAWL Enterprise that owns and operates www.heartandshawl.com;
1.6. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7. "Online Store" means www.heartandshawl.com.
2.1. Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5. Any complaints should be addressed to the Seller's email address stated in the Online Store.
3.1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order.
3.3. When making an order through the Online Store, the technical steps the Buyer needs to take to complete the order process are described in THE HELP SECTION.
4. PRICE AND PAYMENT
4.1. The price of the Goods shall be that stipulated on the Online Store. The price EXCLUDES delivery charges.
4.2. The total purchase price will be displayed in the Buyers shopping cart prior to confirming the order.
4.3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
5. RIGHTS OF SELLER
5.1. The Seller reserves the right to periodically update prices on the Online Store, which cannot be guaranteed for any period of time.
5.2. The Seller reserves the right to withdraw any Goods from the Online Store at any time.
5.3. The Seller shall not be liable to anyone for withdrawing any Goods from the Online Store or for refusing to process an order.
6.1. Goods supplied within the Peninsular Malaysia will normally be delivered within 7 days of acceptance of order. These are subject to the regular delivery services of the Seller’s courier of choice.
6.2. Goods supplied to Sabah and Sarawak will normally be delivered within 7 days of acceptance of order. These are subject to the regular delivery services of the Seller’s courier of choice.
6.3. Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7. CANCELLATION OF AN ORDER
The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full via store credit within 28 days.
8. FAULTY ITEMS
8.1. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email or writing within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2. Where a claim of defect or damage is made, or the wrong goods have been sent, the Goods shall be returned by the Buyer to the Seller within 28 days of initial purchase.
9. LIMITATION OF LIABILITY
9.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Malaysia and the parties hereby submit to the exclusive jurisdiction of the Malaysia courts.