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Terms & Conditions

Introduction

Welcome to online website (the “Site”). We are DK- Schweizer Leather  Sdn. Bhd. (“DKSL”), a company incorporated in Malaysia under registration number 527465-V  and having its registered address at No. 179, Jalan Jelutong, Jelutong, 11600, George Town, Pulau Pinang. .  These terms and conditions (“Terms and Conditions”) apply to the Site, DK-Schweizer Leather Sdn Bhd., and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. Please read these Terms and Conditions carefully before ordering any Products from this Site. You should understand that by ordering any of the Products, you hereby agree to enter into an agreement with DKSL advertising the sale of the Products on the Site and be bound by the Terms and Conditions thereof.

About this Website

On this Site,.

  1. Interpretation

1.1        In these Terms and Conditions:

“Buyer” means the person who accepts the price in the website and quotation of DK- Schweizer Leather Sdn Bhd. for the supply of the Products or who otherwise enters into a contract for the supply of Goods with DK- Schweizer Leather  Sdn Bhd.

“Contract” means the contract for the purchase and sale of the Products, howsoever formed or concluded;

“Order” means the order submitted by the Buyer to the Site to purchase a Product;

“Payment” means the payment made by the Buyer for the Order;

“Products” means the leather seat coverings for automobiles   which DK-Schweizer Leather Sdn Bhd is to supply in accordance with a Contract;

“Terms and Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and DKSL;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2        Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

1.3        The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any parties. 

  1. Basis of the Contract

2.1        The sale and supply of the Products by DKSL to the Buyer under any Contract shall be subjected to these Terms and Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2        The Buyer must be at least 18 years old and possess a valid credit or debit card issued by a bank acceptable to us in order to place any order with us.

2.3        Any information made available in the Site including photographs, drawings, information about the extent of the delivery, appearance, performance, dimensions, weight, are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that he does not rely on and waives any claim based on any such representations or information not so confirmed.

2.4        No variation to these Terms and Conditions shall be binding unless agreed in writing between the authorized representatives of the Buyer and DKSL,

2.5        Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by DKSL. in its website shall be subject to correction without any liability on the part of DKSL.

2.6        DKSL may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

  1. Orders and Specifications

3.1        Order acceptance and completion of the contract between the Buyer and DKSL will only be completed upon DKSL issuing a confirmation of payment of the Products from the Buyer. For the avoidance of doubt, DKSL shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to the issuance of the confirmation of payment. DKSL shall furthermore be entitled to require the Buyer to furnish DKSL with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of payment.

3.2        No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of DKSL and on terms that the Buyer shall indemnify DKSL in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by DKSL as a result of the modification or cancellation, as the case may be.

  1. Price

The price of the Products shall be the price stated in the Site at the time the Buyer makes its offer to purchase to DKSL, the price excludes the cost of delivery charges shall be in accordance with the delivery rates of the third party courier service company, any applicable goods and services tax, Sales Service Tax (SST) or other similar tax which the Buyer shall be liable to pay to DKSL in addition to the price.

  1. Delivery Policy

5.1        Delivery of the Product shall be made to the address specified by the Buyer in its Order in the Site.

5.2        DKSL has the right at any time to sub-contract all or any of its obligations for the sale of the Product or appoint any suitable third party courier service company to ship and deliver the Product without giving notice of the same to the Buyer.

5.3        DKSL will make every reasonable effort to ensure the timely delivery of the Product. However, since the delivery of the Product is through a third-party courier service company, any dates quoted for delivery of the Products are approximate and best estimates only. The time for delivery/performance shall not be of the essence of the Terms and Conditions and DKSL shall not be liable for any delay in delivery or performance howsoever caused.

5.4        DKSL will pack the paid orders from our warehouse within [ thirty (30)] working days from the date of payment and order. Delivery normally takes about [seven (7)] working days from the time of dispatching the order to reach you, if your Order is within Malaysia. If your Order is made outside Malaysia, the delivery timeframe shall be dependent on your location.

5.5        Notwithstanding Clause 5.4 above, DKSL reserves the right to extend the delivery timeline of the Product for an additional seven (7) to fourteen (14) workings days from the estimated delivery timeframe as mentioned in Clause 5.4 subject to the level of customization of the Product.

5.6        We will not be responsible for any Product lost or damaged in transit once it has been handed over to the courier company as the courier company shall be solely responsible for the delivery of the Products.

  1. No Return Policy

6.1        Products sold are not returnable or exchangeable as they are customised in accordance with the Buyer’s requirements as specified in the Order. However, DKSL shall allow for the return and exchange of Products if the Products which is different from the Order is delivered.

6.2        Provided Always that the Buyer shall return or caused to be returned to DKSL the aforesaid Product unused and in its original condition, quantity and packaging as it is first delivered to the Buyer together with the proof of Order, Payment and delivery of the Product.

6.3        Please contact us at info@dk-schweizeryour order number, and a photograph of the incorrect Product within seven (7) days upon receipt of your parcel.

6.4        The Buyer is required to send back the incorrect Product to us via a reliable courier service company to the following address:-

DK Leather Seats Sdn. Bhd,

No. 4, Jalan PPU 3,

Taman Perindustrian Puchong Utama,

47100, Puchong,

Selangor

 

  1. Liability

7.1        DKSL hereby warrants that the Product will be handed over to the courier company undamaged in the quantities .

7.2        The Product is intended to be used strictly in accordance with DKSL’ latest published instructions as set out on the Site or as on the Product itself. It is the Buyer’s responsibility to ensure that that the Product is used strictly in accordance with those instructions.

7.3        The Product must only be installed by DKSL’ authorized installer in order for the Buyer to enjoy the warranty of the Product. The warranty of the Product will be automatically voided in the event that the Product was installed by an unauthorized installer and DKSL shall not be responsible for any losses, liabilities, damages, costs, expenses or personal injuries suffered in the event the Product was not installed by a DKSL’ authorized installer.

7.4        Subject to the provisions of this clause DKSL guarantees the Product against any defect, which can be proved to DKSL’ satisfaction to have been caused by faulty materials or workmanship by DKSL or incorrect installation by DKSL’ authorized installer. Should such a defect appear, DKSL’ liability shall be limited solely to the refund of the amount paid by the Buyer for the defective Product.

7.5        DKSL shall not be liable for any defect in any of the following circumstances:-

  1. At the time of the appearance of the defect, more than twenty-four (24) hours has elapsed from the receipt of the goods, or
  2. The defect has been caused or contributed to by faulty installation by the Buyer, or
  3. The Buyer fails within twenty-four (24) after the assumed defect has become apparent to notify that defect to DKSL in writing quoting the order number and date of purchase.

7.6     Save and except for as provided in this Terms and Conditions, DKSL shall not be liable for any direct or indirect, consequential, incidental, special or punitive damages including without limitation damages for loss of profits, revenue or business opportunity, business interruption, loss of data, whether in contract, negligence, tort or otherwise, arising from the use or inability to use, whether directly or indirectly, the Products.

  1. Refund Policy 

8.1        Refund can be arranged only for the following reasons:

  1. if the Product has been delivered in a damaged or defective
  2. if the Product which was ordered and invoiced is not included in the delivery;
  3. Subject to Clause 5.3, if the Buyer has been charged for a Product which has not been delivered within thirty (30) working days from the estimated delivery timeline, the Buyer should notify DKSL immediately and DKSL shall conduct an investigation to determine the cause of the non-delivery and the refund shall be made by either DKSL or the courier company depending on the finding of the investigation. The refund to the Buyer shall be the price of the Product as originally charged to the Buyer; or
  4. if a Buyer is charged more than the price of the Product as displayed on the Site when the Buyer makes its Order, DKSL shall refund to the Buyer the difference.

8.2        All refunds will be made via the same mode of payment within sixty (60) working days depending on the Buyer’s appointed financial institution’s refund policy. DKSL shall not be liable for any loss, damage, cost or expense that the Buyer or any person may incur as a result of any delay in the Buyer’s financial institution processing the said refund.

  1. Force Majeure 

DKSL is not liable for any loss or damage arising out of an act of God, war, terrorism, strike, lockout, trade dispute, fire, breakdown, global pandemic, interruption of transport or by any cause whatsoever outside its control.

  1. Data Protection 

Please see our Privacy Policy, which forms part of these Terms and Conditions.

  1. Intellectual Property Rights

DKSL reserve all intellectual property rights to any content and Products that it provides to Buyer, including the design of the Product and Site, including copyright and trademark rights. All other names, goods and marks mentioned are the intellectual property. Nothing in this Terms and Conditions shall be construed or deemed as granting or providing to Buyer any right, licence, interest or permission to deal with any intellectual property of DKSL  in any way including, without limitation the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use of DKSL’  trademarks or trade names or designs in an unauthorized manner. The Buyer may not use any of DKSL’ trademarks or designs without the prior written consent of DKSL. All right not expressly granted herein are reserved to DKSL. Except as otherwise permitted by applicable law, any publication of any copyright work and the Product are strictly prohibited without the written consent of DKSL.

  1. Amendment to the Terms and Conditions

12.1      DKSL reserves the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted in the Site and any social media owned by DKSL.  Continued used of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

  1. Termination 

13.1      DKSL may terminate the Contract without prior notice. Cause for such termination shall include without :

  • you being declared insolvent or bankrupt;
  • failure to make any payment that is due under the Contract;
  • request by law enforcement or other government agencies;
  • failure to comply with the Contract;
  • infringement of intellectual property rights of DKSL or others; or
  • unexpected technical or security issues or problems.

13.2   The Buyer further understands that a termination of the Contract shall result in a termination of the Buyer’s access to the Products that the Buyer has purchased. In addition, the Buyer is not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Contract in accordance with its terms.

13.3   Termination of the Contract shall be without prejudice to any other rights or remedies DKSL may be entitled to under the Contract, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

  1. Price Revisions

14.1    DKSL reserves the right to revise the price of any of its Products at any time prior to the conclusion of a Contract.

14.2     The revised price will be published on the Site.