Terms and Conditions
|"Business Days"||:||means a day (excluding Saturday, Sunday or a public holiday) in which banks are generally open for business in the Federal Territory of Kuala Lumpur, Malaysia.|
|"Products"||:||means D’Viria Atomizer and/or Nano CD Disinfectant or such other products listed on our Site.|
|"we", "us", or "our"||means DVIRIA NANO TECH SDN BHD (fka Rex Oriental Sdn. Bhd.) (Company No. 201301027003 (1056831-K)) and its holding company, related corporations, associates and affiliates.|
It shall constitute an Agreement entered into directly between the Customer and us upon the Customer placing an order on the Site for the purchase of Products and we accepting the same.
3.1 The Customer agrees to purchase the Product displayed on the Site by placing an electronic order.
4.1 The price of the Products shall be the price stated and displayed on the Site at the time which the Customer places and completes the order on the Site.
(a) The terms and conditions applicable to each type of payment, as prescribed on the Site, shall be applicable to the Agreement.
(b) All payments for the purchased Products must be made to us using the payment methods made available on the Site only. We shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Platform.
(c) We shall further not be liable for any failure, disruption or error in connection with the Customer’s chosen payment method.
(a) The Customer shall be responsible for the accuracy of delivery address of the Product.
(b) The Company has the right at any time, to assign all or any of its obligations for the sale/delivery of the Product to any other party as from time to time without giving notice of the same to the Customer.
(c) Any stated delivery dates are approximate and delays may occur. The time for delivery shall not be of the essence and the Company shall not be liable for any delay in delivery howsoever caused.
7. RETURN, REPLACEMENT & REFUND
(a) All application for return, replacement and/or refund are subject to the Company’s discretion and approval. The Company will review each Customer’s application on a case-by-case basis and, in its sole discretion, determine whether Customer’s application is successful.
8. RISK AND TITLE OF PRODUCT
a) Notwithstanding the passing of risk of the Product upon delivery of the Product to the Customer, the title and property of the Product does not pass to the Customer until and unless:
(i) all payment in full of the price of the Product has been made, cleared and received by the Company; or
(ii) the Customer completing payment of the Product in accordance with the payment term opted by the Customer on the Site; and has opted to retain the Product at the end of the payment term, whichever applicable.
(b) Unless and until the title has been passed to the Customer, the Customer is deemed to hold the Product as fiduciary agent and bailee of the Company.
(c) The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product which remain the property of the Company but if the Customer does so all moneys owing by the Customer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
(d) The Customer shall indemnify the Company against all loss, damages, costs, expenses and legal fees incurred by the Company in connection with the assertion and enforcement of the Company’s rights under this Clause.
9. CREDIT CHECK
(a) The Customer authorises the Company and/or its representatives to make necessary inspection and/or inquiries to verify the information provided to the Company by the Customer from time to time.
(b) The Customer consents to the Company disclosing relevant personal data and/or credit information of the Customer to any credit reporting agency and authorises the Company to receive the Customer’s credit report from the credit reporting agency. The Customer agrees that such disclosure of information and obtaining of credit reports can be performed by the Company at any time during the Term of this Agreement and/or upon termination of this Agreement including when there is any default/outstanding amount due to the Company by the Customer.
(c) The Customer hereby agrees and give the full consent to the Company and appointed agents to collect and process the Customer personal information to CTOS for CTOS to conduct credit check and disclose the credit information including CCRIS and DCHEQS to the Company and for the Company to conduct credit assessment and to facilitate debt recovery process whenever is applicable.
(d) The Company is entitled to take necessary measures to recover the any outstanding amount and/or payment(s) that incurred from the Customer, including but not limited to third party means, that is CTOS, collection agencies and legal proceeding to be taken against the Customer to recover such outstanding amount where it remain in arrears of more than sixty (60) days.
(a) Without prejudice to any other rights of termination by us, we may stop any Products in transit, suspend further deliveries to the Customer and/or terminate this Agreement with immediate effect by written notice to the Customer on or at any time in the event:
(i) The Product is unavailable for any reason; or
(ii) The Product has been mispriced on the Site.
11. WARRANTIES AND LIMITATION OF LIABILITY
(a) We shall, on best effort basis, provide precise description of the Products on our Site. However, any information made available on the Site in relation to the Products, including but not limited to photographs, weight and other information are not binding but merely for information and illustration purposes only. We make no warranty that such description is updated, free from error and accurate at all times. Any typographical or other error or omission shall be subject to correction without any liability on our part.
(b) All warranties, conditions and/or terms are excluded to the fullest extent permitted by law.
(c) The Company will, in no event, be liable for any loss or damage (including without limitation, loss of income, profits or goodwill, direct or indirect, consequential, exemplary, punitive, special or incidental damages of any party including third parties) arising out of or relating to this Agreement or the transaction it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage.
(a) Any notice, or other communication, including, but not limited to any request, demand, consent or approval must be in writing and in English and must state the party to whom it is intended to be served on and sent to the address (i) if to us, to our registered office or principal place of business and if to the Customer, to the address stipulated in the relevant order.
13. GOVERNING LAW AND DISPUTE RESOLUTION
(a) This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties hereto agree to submit to the exclusive jurisdiction of the courts of Malaysia.
(a) If any provision of this Agreement herein contained or part thereof or any document incorporated hereto is rendered void, illegal or unenforceable for whatever reason in any respect under any law, it is hereby declared that such clause or document so affected shall not in any way affect or impair the validity, legality or enforceability of the other terms or provisions herein contained which shall remain in full force and effect provided that such invalidity or unenforceability shall not substantially nullify the underlying intent of this Agreement and shall be deemed to be an independent provision and the parties hereto shall be at liberty to have such provision severed from the rest of this Agreement.
(b) This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the Parties.
(c) This Agreement may not be released, discharged, supplemented, amended, varied or modified in any manner except by an instrument in writing signed by each of the Parties hereto.
(d) This Agreement shall be binding upon the respective successors-in-title and permitted assigns, as the case may be, of the parties hereto.
(e) Neither party shall by virtue of this Agreement be deemed to be partner of the other nor shall anything herein contained be construed as creating a partnership, joint association or trust, it being that each party shall be individually reasonable only for its own obligation under this Agreement.
(f) We reserve the sole and absolute right to modify, change, suspend or discontinue all or any part of this Site or the Services at any time or from time to time without further notice if required by local laws. We may release certain Services or their features in a beta version on the Site, impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in our sole discretion and without notice and we shall not be held liable in such instances.
(g) We reserve the right, from time to time to amend this Terms and Conditions of Sale by publishing the revised version on our Site herein.