- The offer on the website www.thomassabo.my (the “Website”) is exclusively for consumers. The following General Terms and Conditions (“General Terms and Conditions”) apply to all Contracts concluded via the online shop of THOMAS SABO between Nicematch (M) Sdn Bhd (NICEMATCH), a company incorporated in Malaysia under the registration number 412425-W and having its registered address at No.33-1&2, Jalan SL 1/3, Bandar Sungai Long, 43000 Kajang, Selangor, Malaysia (hereinafter the “Seller”) and consumers (hereinafter the “Buyer”) as defined under the Consumer Protection Act 1999.
- Unless modified in accordance with the provisions contained herein, the version of the General Terms and Conditions valid at the time the Contract is concluded shall apply.
- The Seller shall be entitled to limit the order to a quantity that is usual in commercial practice or at its discretion.
- After entry of all order data and before the order is finally placed, the Buyer shall be shown a list of all items in the order and shall be granted the opportunity to correct any possible errors that had been made in entering data. The Buyer shall be responsible for the accuracy and correctness of all information provided by it in the Website.
- The order shall be saved by the Seller and where accepted by the Seller, shall be sent to the Buyer together with the General Terms and Conditions, following the conclusion of the Contract.
In the Terms and Conditions herein, the following words or expressions shall have the meaning set out next to them:
“Business Day” means any day on which banks in Malaysia open for business;
“Contract” means the order submitted by the Buyer in accordance with these Terms and Conditions for the Product or Products, which is accepted by the Seller in accordance with the provisions herein;
“Product” means the products supplied by the Seller under the Contract.
3. PRICES AND PAYMENT CONDITIONS
- The price offered at the time of the order shall be binding. The price shall be subject to the Goods and Services Tax (GST) where applicable. Additional costs shall be charged for delivery of the Products. These costs shall be shown before the order is confirmed.
- Payment for the Products shall be made by credit card (secured by 128-bit SSL encoding) or such other method of payment shown in the Website..
- In the case of payment by credit card, the credit card shall be debited upon confirmation of the order details and these terms and conditions.
- The Seller shall not be liable for any delay or non-delivery of the Products due to non-validation or non-authorization of the credit card by the card issuer.
- The Buyer shall only have the right to offset counterclaims insofar as his/her counterclaims are undisputed or which have become res judicata. A customer shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.
4. PASSING OF RISK
- The risk of accidental loss or deterioration of the Products shall be transferred to the Buyer upon delivery. This shall also apply in the case of sale by delivery to a place other than the place of performance.
- This risk shall also be deemed transferred if the Buyer has failed to take delivery when tendered by the Seller.
5. DELIVERY AND SHIPPING CHARGES
- The Seller shall deliver the Products only within Malaysia.
- The delivery period shall only be deemed agreed insofar as they are stipulated in writing. The delivery period shall begin from the date the order of the Product is accepted by the Seller. The delivery period may take approximately five (5) to ten (7) Business Days. The Seller shall not be liable to the Buyer for any losses, liabilities, costs, damages, charges or expenses arising from any late delivery.
- The sale of the Product shall be subject to available stock.
- If the Products cannot be delivered due to any reasons which the Seller is not responsible for, additional delivery costs shall be charged for the re-delivery of the Products. In this case the Buyer shall bear the costs of sending the Products back to the Seller and for the re-delivery to the same or alternative address. However, this sub-clause shall not apply to the case of cancellation/revocation in accordance with clause 9.
6. RESERVATION OF TITLE
- The delivered Products shall remain the property of the Seller until full payment of the purchase price and the Buyer must treat the Products carefully.
- The Buyer shall neither pledge the goods nor transfer titles to such goods by way of security. The Buyer shall notify the Seller in writing without undue delay in the event of pledges or confiscation of goods or any other disposals by third parties.
- In the case of non-adherence to the Terms and Conditions by the Buyer, in particular if the Buyer defaults in payment or breaches an obligation stated in clauses 6.2, the Seller shall be entitled to withdraw from the Contract and demand that the Products be returned to the Seller at the Buyer’s own costs and expenses.
- The Sellers reserves the right to demand the return of bonus products or to invoice for such bonus products in the event that the pre-requisites for granting the bonus product are no longer complied with. The pre-requisite for granting a bonus product is that the purchase contract is complied with in terms of the minimum purchase amount. In other words, if the Buyer returns all or part of the Products, for example, by exercising his/her right of cancellation, and therefore falls short of the minimum purchase amount, the Buyer shall no longer qualify for the bonus product. In such cases, the Buyer is required to return the bonus product to the Seller with his/her return order. If the Buyer is interested to purchase the bonus product, the Buyer shall contact the Seller’s Customer Service department directly.
7. DEFECT AND WARRANTY
- The Buyer shall notify the Seller within a reasonable time after discovery of any defect in the Product. The warranty period shall be two (2) years after the Products are delivered.
- In the case of defects, the Buyer shall be entitled to, subject to confirmation and agreement by the Seller, elect for a supplementary performance by either rectification or replacement of the Product. The Seller shall be entitled to refuse the supplementary performance elected by the Buyer if such option is disproportional with the costs involved and the other option does not present any major disadvantages to the Buyer.
- If either rectification or replacement of the Product will not take place, the Buyer shall in principle be entitled to choose a reduction in the purchase price (reduction) in which case the Products shall be accepted by the Buyer, or cancellation of the contract (revocation) in which case the Products shall be returned to the Seller and the payment made by the Buyer shall be refunded by the Seller. If the Buyer elects for cancellation instead of performance of the contract, the liability restrictions of provisions 8.1 and 8.2 shall apply. However, in the case of minor defects, the Buyer shall not have the right to cancel the contract.
- In the event the Product returned by the Buyer is found to be not faulty, the Seller may at its discretion decide not to repair, replace or refund the Buyer for the Product. The Seller shall have the right to require the Buyer to pay all reasonable costs and charges including delivery charges and servicing costs.
- Notwithstanding any provisions herein, the Seller shall be under no liability in respect of lost or stolen items, damage, breakage, change in appearance, or the gradual degradation of all or part of the Products due to fair wear and tear, accident, negligent handling or improper use or maintenance outside the Seller’s care instruction.
- For avoidance of doubt, all Product descriptions, information and materials shown on the Website are provided and to be sold ‘as is’ and without any warranties, whether express or implied.
8. LIABILITY AND DISCLAIMER
- Unless otherwise expressly stated herein and to the extent permissible by law, the Seller's liability if any shall be restricted to foreseeable, direct average damage which is typical for such contracts and the Seller shall not be liable for any damages whatsoever, including without limitation to any indirect, special, consequential, punitive or incidental damages, or damages for loss of profits or damage to goodwill or reputation, arising out of or related to the use of the Website and/or any materials contained therein.
- The preceding limitation of liability shall not apply to bodily injury or damage to health or the death of the Buyer which is attributable to the Seller’s negligence.
9. CANCELLATION/REVOCATION RIGHT
- Subject to clause 9.2 below, the Buyer shall be entitled to cancel/revoke his/her order within two (2) weeks from the date of order made, without stating reasons in writing. Such cancellation must be made in writing to the Customer Service by letter or e-mail or fax. If Product has been delivered, the Buyer shall forthwith return the Product to the Seller in resell-able condition and in its original packaging without tampering the Product tag.
- Product finished in accordance with customer’s specifications or Products which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items of jewellery are specifically for final sale and have been engraved according to customer’s specifications. THOMAS SABO shall not be liable for any errors or mistakes made on the Products that are the result of customer’s instructions or specifications.
Any notice of cancellation/revocation shall be sent to:
Nicematch (M) Sdn Bhd
No 33-1&2, Jalan SL 1/3
Bandar Sungai Long
43000 Kajang, Selangor
- In case of cancellation/revocation, Products or payments received by the respective parties shall be returned accordingly. If the Buyer is unable to return the Products in their entirety or in partial or return them in deteriorated condition, he/she shall, where applicable, compensate the Seller for the loss in value of the Products.
- Buyer shall bear the costs of returning the Products if the delivered Products are in accordance with the Products ordered. Obligations for reimbursing payments must be fulfilled within thirty (30) days from:
- In the case of the Buyer, the date of dispatch of the revocation notice or Products.
- In the case of the Seller, the date of receipt of the revocation notice or the Products.
10. STORAGE OF DATA
- The Buyer has been informed in detail about the type, scope, place and purpose of collecting, processing and using his/her personal data necessary for fulfilling orders as well as his/her right of revocation regarding the use of his/her anonymized user profile for advertising, market research purposes and for designing the service to meet requirements.
- The Buyer hereby agrees to the collection, processing and use of personal data by the Seller for the purpose of the Contract. He/she has the right to revoke his/her consent at any time by notifying the Seller. The details of the processing of personal data of the Buyer are set out in the Personal Data Protection Policy and Notice in the Website.
- The laws of Malaysia shall apply to the General Terms and Conditions and the Contract.
12. CHANGES IN GENERAL TERMS AND CONDITIONS
- The Seller reserves the right to change, modify, add or remove any provisions in the General Terms and Conditions from time to time. Any material changes to the General Terms and Conditions will be effective immediately upon notification to the Buyer by email or through a message posted on the Website. Upon the provision of notice, the continued use of the Website by the Buyer constitutes affirmative acceptance to the modified General Terms and Conditions.
- If any one or several provisions of these General Terms and Conditions shall be declared invalid by order, decree or judgment of a court of competent jurisdiction, or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof and the Terms and Conditions shall be construed as if such portion had not been inserted herein.
- The Terms and Conditions herein shall apply to all orders made by the Buyer and the Contract, and shall set forth the entire agreement and understanding between the parties hereto as to the subject matter hereof and supersedes all prior agreements whether express or implied.
- In the event of any inconsistencies or discrepancies between the English version of the General Terms and Conditions and the Bahasa Malaysia version, this English version shall prevail.