TERMS AND CONDITIONS
THANK YOU for visiting PerySmith Website and showing an interest in purchasing our Product(s). We are committed to make your shopping experience with us enjoyable. It is important for you to read our terms & conditions carefully before you proceed to make your purchase. By visiting our websites, and buying product(s) from us, you indicate that you have read and agreed to abide and adhere to them.
We are 3A United Sdn Bhd. (“we”, “us”, “perysmith”), company registration number 1312223-W and our registered office is at No. 5, Jalan Asta Utama, Kawasan Perindustrian Asta Kajang 43000, Selangor. You can contact us by writing to us at email@example.com, or Whatsapp us at +60 3-9078 3028
If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. “Writing” or “written” in these T&Cs includes emails.
If you have any questions about perysmith, please see our FAQ.
If you think that there is a mistake in these terms, please contact us to discuss.
To contact us, please see the Contact us section in the Website for our contact details.
Definitions: The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form:
- Customer/you/You/your/Your means any person who accesses or is a visitor in the Website perysmith.com.my, or is purchasing one or more Products in the Online Shop.
- Order Confirmation means the e-mail message by means of the Customers are informed of the acceptance of the Orders.
- Sale and Purchase Agreements mean the sale and purchase agreements of the Products.
- Price means the sale price of the Products as specified in the Online Shop with reference to each Product.
1. ORDERS FOR PRODUCTS AND SERVICES
1.1 Personal Use
We only sell our product(s) to users and/or consumers with a valid address that we can ship to in which we deliver our product(s). End users and/or consumers are persons who use the product (s) for their own use and do not resell them. We reserve the right to refuse the sale of our product (s) to other retailers or bulk buyers. You may not sell or resell any products you purchase or otherwise receive from us. By placing an order with thus, you declare and warrant that the purchase of products on the Website is not carried out in the course of your professional activity and is intended for strictly personal use.
PerySmith reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you, as determined by perysmith in its sole discretion. You will only be charged for quantities actually shipped. You may only order products if you are 18 years old or older and legal capacity to contract. Due to security reasons our customer service are unable to make any amendments after you have confirmed your order.This is because our warehouse moves really fast in order to ship your parcels as soon as they are confirmed.
We only accept payment for orders in Malaysian ringgit (RM).
The applicable Price is the one published in the Online Shop at the time the Orders are placed by the Customers. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, unless we are fraudulent or negligent, we will not be liable to you for any losses caused as a result of any unauthorized access to this data by a third party.
Prices for our Products may change from time to time, but changes will not affect any Order which we have confirmed with an Order Confirmation.
Prices are inclusive of SST at the applicable current rate chargeable in Malaysia for the time being. However, if the rate of SST changes between the date of your Order and the date of delivery, we will adjust the SST you pay, unless you have already paid for the Products in full before the change in SST takes effect.
The Price does not include delivery charges. Delivery charges will also be payable on your Order and these will be added to the price of your Order prior to you submitting payment to us. For details of our delivery charges please see our Shipping.
1.3 Payment Methods
PerySmith has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated in the Online Shop at the time the Orders are placed by the Customers.
For security reasons your billing name must match that of the credit card used for payment. If you choose to pay using a payment card with a foreign currency-denominated account for a Malaysia delivery, the payment will be taken in Malaysian ringgit (RM). Your payment card issuer will then convert the Malaysian ringgit value, using their foreign exchange rates.
All purchases require bank authorisation prior to processing. Only authorised orders will be processed and shipped.
1.4 Product images, Pricing and Availability
The images of the Products in the Online Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
Errors may sometimes occur in our pricing. If we have made an error in the price of a product you have ordered, we will contact you. You will have the option to reconfirm your order at the correct price, or the order will be cancelled. Prices may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.
The range and availability of the Products published in the Online Shop may vary from time to time. The packaging of the Products may vary from that shown on images on this Website.
All Products shown on this Website are subject to availability. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, the Customer will be informed by email, on when the ordered Product/Products is/are expected to be available again. Unfortunately, once you successfully make an order, we’re not able to make any further changes like shipping method upgrades or change in quantities. As perysmith is not liable for replacements or refunds for parcels that have been delivered to incorrect addresses provided, we always suggest reviewing your bag and shipping details before you check out.
1.5 Placement of Orders
To place an Order, you may register with us by creating an Account or place your Order using a guest account. The information you provide in connection with your Account must be true, accurate and complete in all respects, and you must keep your information up to date by informing us of any changes to your Account information via the relevant sections of the Website.
Please take the time to read and check your Order at each page of the order process. The information you provide in connection with your Order must be true, accurate and complete in all respects.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your Order. It is your responsibility to ensure that your Order is correct before submitting it to us. Please ensure that you enter a complete and accurate delivery address. We will not be responsible or liable for items which go missing or are delayed due to inaccurate or incomplete delivery address information provided by you when submitting your Order. By clicking the “Order Confirmation” button, you confirm that the Order information (including delivery details and payment details) provided by you are valid and correct, and that when your Order is accepted and processed by us, payment will be made in full. By placing an Order, you confirm that you are the person referred to in the billing details.
When you submit an Order, you are offering to purchase Products from us at the prices indicated on the Website. All Orders for Products from the Website must be placed using the shopping cart facility provided on the Website. Once you have submitted your Order, you will no longer be able to cancel or modify any aspect of your Order.
ACCEPTANCE BY US OF ANY PAYMENT MADE BY YOU IN CONNECTION WITH ANY PRODUCTS DOES NOT CONSTITUTE OUR ACCEPTANCE OF YOUR ORDER AND A LEGALLY BINDING SALE AND PURCHASE AGREEMENT IS NOT FORMED UNTIL YOU RECEIVE THE ORDER CONFIRMATION AND WE WILL NOT BE OBLIGED TO SUPPLY PRODUCTS TO YOU UNTIL THEN.
The foregoing notwithstanding, perysmith reserves the right, with or without notice, to cancel or reduce the quantity of any Order to be filled or Products to be provided to you, as determined by perysmith in its sole discretion, in which case you will only be charged for quantities of Product actually shipped.
(b) Orders made by a Customer with whom perysmith has an existing dispute;
(c) Total or partial non-payment of a previous order by the client
Domestic Shipping & Handling:
All Orders are processed during Business Days only. If your Order was placed after the end of a Business Day, it will be processed on the next Business Day.
Please ensure that you enter a complete and accurate delivery address when placing your Order. We cannot be held responsible for items which go missing or are delayed due to inaccurate or incomplete delivery address information that you provided to us when placing your Order.
All risks in and to the Products (including risk of loss, theft or damage) are passed to and assumed by you upon delivery of the Products to the delivery address you have provided to us when placing your Order.
We regret that we are currently unable to process and ship orders to destinations outside of Malaysia.
You may check if you are eligible for a return at our Return Policy. In the case where you have received an incorrect order or faulty item, do drop us an email by providing several pictures of the product(s) clearly showing the defect and overall state of the product(s), also clearly state with us the problem with the product(s), our Customer Service team will be in contact with you very soon. You can reach the Customer Service team to the following email address:firstname.lastname@example.org.
1.8 Damaged or Defective Products
When your Order arrives, please inspect the Product(s) for any damage or defects. It is normal for the shipping package to show some wear. However, if you think a Product in your shipment is damaged or defective, please contact us at email@example.com and we will be in contact with you very soon!
1.9 Product Warranty
1. The customer is responsible for shipping charges for warranty claim/return/repair back to the Return Address.
2. PerySmith will cover the delivery costs of replacement or repaired product back to the customer.
3. The invoice/order confirmation will be required as proof of purchase.
4. Commercial use is not entitled to warranty.
5. PerySmith obligations are limited to the repair of the defect or replacement of the defective part.
6. The warranty also does not cover the following:
– Abuse or misuse, including but not solely limited to the failure to use the product for its normal purposes and operations or in accordance with PerySmith instruction on usage and maintenance.
– Accidents, lightning strikes, water hazards, fire hazards, public disturbances, improper ventilation, voltage fluctuations or any cause beyond the control of PerySmith products.
– Any part of the product is broken or shows evidence of tampering.
– Products that are caused by human error.
– Damage caused by service performed by anyone who is not an authorized service provider of PerySmith.
– Damage to a product that has been modified or altered without the written permission of PerySmith.
2. WEBSITE CONTENT
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by PerySmith, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with perysmith, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of perysmith, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
2.1 Colours on the Internet
The images of the Products in the Online Shop are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 Website Content License
The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of PerySmith and others and may not be used unless authorised by the Trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.
2.4 Your Use of The Website
You must not misuse our Website or its contents for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website).
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
The website is for your personal and non-commercial use only. You agree that you are solely responsible for:
– all costs and expenses you may incur in relation to your use of the website; and
– keeping your password and other account details confidential.
2.5 User Information
When you navigate around our site www.detres.com.my (the “Website”) we will use technology to capture information about your visit to our Website and the resources that you access, together with details such as the Uniform Resource Locator (URL) that you linked from and your Internet Protocol address, even if you do not register as a customer.
2.6 User Comments, Feedback, And Other Submissions
2.7 Links To and From The Website
The Online Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from PerySmith.
2.8 Public and Interactive Areas of Our Website; Ratings & Reviews; Guidelines
You represent and warrant that: (a) you have the legal capacity to contract (b) all User Contributions posted by you is original to you and that you are the sole author of such User Contributions, (c) no User Contribution infringes upon, violates or misappropriates a third party’s intellectual property rights, (d) no User Contribution will be obscene, libelous, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, (e) no other party has any rights to such User Contribution, (f) any “moral rights” in your User Contribution have been waived, (g) the User Contribution is not false, inaccurate or misleading in any manner, and (h) you are not being compensated in any manner for your User Contributions from any third party. You may not use our interactive services or any User Contribution to impersonate any person or entity, including, without limitation, any perysmith employee, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the interactive services to collect or store personal data about other users. You may not include references to other competitors, websites, addresses, email addresses, contact information or phone numbers.
When writing a review for the Ratings & Review, please consider the following guidelines:
- Focus on the product and your individual experience using it;
- Provide details about why you like or dislike a product; and
You grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export any such User Contribution, in whole or part, and/or to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose.
2.9 Disclaimer of Warranties
The website, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for uptime or uninterrupted access.
We may change, suspend or discontinue this Website at any time.
3. GENERAL TERMS
If we fail to comply with our commitments, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the sale.
We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3.2 Governing Law
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed in accordance with the law of Malaysia, without giving effect to any principles of conflict of laws.
You agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
3.4 Miscellaneous Severability
3.5 Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Sale and Purchase Agreement that is caused by an Event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Sale and Purchase Agreement:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under a Sale and Purchase Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
3.6 Other Important Terms
The Sale and Purchase Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the substantive law of Malaysia, with the exclusion of its conflict of laws principles.