PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE INSPIREGRASS (M) SDN BHD’S (“INSPIREGRASS
”) WEBSITE (“SITE
”). THESE TERMS AND CONDITIONS SET OUT THE TERMS ON WHICH YOU BUY FROM INSPIREGRASS AND INSPIREGRASS SELL TO YOU THE ARTIFICIAL GRASSES (“PRODUCT
”) THROUGH THIS WEBSITE AND FORM A LEGAL AGREEMENT BETWEEN YOU AND INSPIREGRASS. INSPIREGRASS RESERVES THE RIGHT TO CHANGE THESE TERMS, FOR ANY OR NO REASON, AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU AND YOU AGREE TO BE BOUND BY SUCH CHANGES. 1. OWNERSHIP
This Site is owned and operated by Inspiregrass. All content on this Site are owned by Inspiregrass and are protected by international copyright laws and international treaty provisions. Inspiregrass retains all rights not expressly granted by this agreement. In addition, Inspiregrass reserves the right to terminate this Site without notice and Inspiregrass shall not be liable to any party for such termination of Site. 2. ORDERING AND PAYMENT
- You may order and purchase the Product on the Site. All orders are subject to availability. Inspiregrass reserves the rights, with / without reason, to refuse or cancel your order at any time. In the event of such refusal or cancellation of order and you have paid Inspiregrass the full price of the Product, Inspiregrass shall refund you the payment made by you in full, within 14 days from the date of refusal.
- The Product price stated in the Site shall include any taxes, including GST and VAT (if applicable) and you shall be liable to pay to Inspiregrass such taxes included in the Product price. Payment must be made in full by you at the time of ordering any Products on the Site via Paypal and/or any other payment method as included by Inspiregrass, at its sole discretion, from time to time.
- Product(s) for shipment to countries outside of Malaysia may be subject to taxes, custom duties and fees (“Import Fees”) levied by the destination country. Import Fees (if any) will be borne solely by you; Inspiregrass has no control and will not be responsible for any of these charges. If the Product is being held in the customs of the destination country, Inspiregrass shall not be responsible for such delay, including any additional charges incurred for custom clearance, which must be borne by you.
4. DELIVERY OF WRONG PRODUCT
- Paid orders will be processed and sent to our appointed courier company(ies) within 3 business days after the order is being made. The paid orders will be delivered to you within 7 to 10 business days from the day the paid orders are being sent to our appointed courier company(ies). In the event the delivery of the Product is delayed, for any reason, Inspiregrass will not be liable for any damages, claim for compensation, time or economic loss as a result of the delay in delivery.
- You will need to be present at the delivery address during the time of delivery in order to accept, inspect and check the Product. If you or your representatives are not present at the delivery address during the time of delivery, you will have to collect the Product at the address provided by the respective courier company within the time frame specified by the said courier company. In the event you did not collect the Product within the said time frame, the courier company will return the Product to us. In such circumstances, Inspiregrass will schedule for a re-delivery, as delivery is not performed and you will have to bear all the cost due to such non-acceptance of the Product, including return charges, re-delivery charges and administrative charges equivalent to 10% of the Product price purchased by you. Inspiregrass will not be liable and/or responsible for any damages, claim for compensation, time or economic loss as a result of delay in delivery.
- In the event you inserted the wrong address during checkout, we will try our best to amend the address upon such notification from you. We will not be liable for any damages, claim for compensation, time or economic loss as a result of such late deliveries. If the Product has been delivered before Inspiregrass has the chance to amend to the new address, you will be charged for all the cost associated therein, including return charges, re-delivery cost to the new address and also the administrative charge equivalent to 10% of the Product price purchased by you.
- Inspiregrass will not accept any or all liability / responsibility for damages or injury caused to property or persons during delivery. If the courier company is not able to deliver the Product to the address provided by you, for any reason, Inspiregrass will notify you via email and Inspiregrass will provide you a full refund (less the processing fee charged by Paypal or any other payment gateway used by Inspiregrass (“Processing Fee”)) within 14 days from the date the courier company inform Inspiregrass of such delivery issue. The refund will be made through Paypal or any other manner as informed by Inspiregrass.
- If the Product, for any reason not due to the fault of Inspiregrass, cannot be delivered, the Product will automatically be returned to us. You will have to pay for all the cost resulting from such non-delivery, including return charges, re-delivery charges and administrative charges equivalent to 10% of the Product price purchased by you. In the event you would like to cancel such order, you will be subject to a fee.
- The Product is at your risk from the time of delivery. Inspiregrass will have no further liability to the Product and shall not be responsible for any loss or damages connected to the Product from the time of delivery. In the event you return the Product to us, for any reason according to this Agreement, the Product remain your responsibility until the Product is received by us.
5. AMENDMENT / RETURN POLICY
- In the unlikely event that we deliver the wrong Product to you, you acknowledge and agree that you must notify us within 48 hours upon receipt of the delivery and you must return the said Product to us and we will provide you a full refund or re-deliver the correct Product to you, as decided solely by Inspiregrass. However before you return the Product to us, we will need to verify whether the Product is indeed delivered wrongly by cross checking it with the order placed by you. Once we have verified that the Product is indeed delivered wrongly, you will have to return the Product to us and we will issue the refund / re-deliver the correct Product to you once we receive the said returned Product. In such circumstances, we will bear all delivery charges, including the delivery charges incurred by you to return the said Product.
- You must return the Product in the same or substantially similar manner and method as delivered by us to you, and you must ensure that the Product is returned to the correct address and properly packed. It is your responsibility to return the Product in the same condition as you receive it. Any returned Product that is damaged, destroyed or impaired (“Damaged Product”) due to your negligence or default, e.g. as a result of poor packaging will not be accepted by us and we will not provide any refund or re-deliver any new Product. The returned Damaged Product will be resent to you at your expense. We will not be liable or responsible to re-deliver you the correct Product or provide you a refund if you fail to return the Product to us and/or the Product returned to us is damaged, destroyed or impaired due to your negligence or default.
- You can only amend the order made by you within 24 hours from the time you placed the order. Amendments can only be made through email at firstname.lastname@example.org. Such amendments may result in an increase in price and administrative charges equivalent to 10% of the Product price purchased by you and you shall make such payment via Paypal and or any other payment method as informed by Inspiregrass before the delivery of the Product.
- Return of Damaged or Faulty Product:
- You may return a Product which was damaged or faulty upon receipt of the Product for a full refund or a replacement of the Product, as decided solely by Inspiregrass. In such event, Inspiregrass will also refund the delivery charges for the return of the damaged / faulty Product.
- However you must first report to us with regards to the damaged or faulty Product within 48 hours upon your receipt of delivery in accordance to the manner stated below:
- Take snapshots of the damaged / faulty area of the Product.
- Email the snapshots together with the valid Inspiregrass invoice (which can be found in the courier box) to Inspiregrass customer service department via email at email@example.com.
- Our staff will examine and verify the snapshots and determine, at our sole opinion, whether the damaged / faulty Product is genuine and caused by Inspiregrass. Thereafter, we will advise you on our findings and next action.
- If the Products received by you are indeed damaged or defective in any way, not due to your negligence, default or fault, Inspiregrass will provide you a full refund or replacement of the Product, as determined solely by Inspiregrass, upon receipt of the said Product from you. It is your responsibility to return such Product to us. You will need to provide us full evidence using the method stated above in order to receive a full refund or Product replacement, as solely determined by Inspiregrass.
- If you fail to report to us with regards to the damaged or faulty Product within 48 hours upon your receipt of the delivery, we will have the sole discretion to not accept the return of such Product.
- Inspiregrass however will not be responsible or liable: (a) for any failure of a Product to meet its specification; (b) for any failure of a Product to perform as it should be due to the manufacturer’s instructions is not being followed in entirety; (c) where the Product is damaged during the course of delivery; and/or (d) where the damage is caused by you, whether directly or indirectly, including damages caused by the manner you handle the Product, the method you used to cut the Product, you failed to adhere to the manufacturer’s instructions guide (including installation method), you have used the Product (including fitted or try to fit) etc.
If you have any questions about our amendment / return policy, please contact us at firstname.lastname@example.org
before you place an order. 6. LINKS TO THIRD PARTY SITES
Inspiregrass provides links to third-party sites as a convenience to you. Inspiregrass does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by Inspiregrass of such sites. Inspiregrass is not responsible for the content of any linked sites. 7. YOU REPRESENT, WARRANT AND COVENANT THAT:
8. LIMITATION OF REMEDIES AND LIABILITY
- You are at least 18 years of age and have the right to enter into this Agreement;
- The information you provide to Inspiregrass is accurate and true, including without limitation all credit card information;
- If you breach any provision of this Agreement, Inspiregrass shall be entitled to:
- terminate this Agreement immediately with notice to you;
- demand for all unpaid payments pursuant to this Agreement; and/or
- seek any legal or equitable remedies.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL INSPIREGRASS BE LIABLE, IN CONTRACT OR TORT, TO YOU FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS OR REVENUES, LOSS OF TIME OR OTHER DIRECT, INDIRECT, SPECIAL, GENERAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT.
THE SITE, ARE PROVIDED "AS IS" “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE OR TRANSACTION THAT MAY BE CONDUCTED THROUGH THE SITE, INCLUDING NON-INFRINGEMENT, ACCURACY, IMPLIED WARRANTY OF USAGE OR MERCHANTABILITY AND FITENESS FOR A PARTICULAR PURPOSE. INSPIREGRASS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND PRODUCT ARE WITH YOU. SHOULD THE SITE PROVE DEFECTIVE, YOU (AND NOT INSPIREGRASS OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE PRODUCTS AND THE SITE.
INSPIREGRASS AGGREGATE LIABILITY TO YOU WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SHALL IN NO CIRCUMSTANCE EXCEED THE PRICE INVOICED TO YOU.
Certain states / jurisdictions do not allow the exclusion of implied warranties and/or limitation / exclusion of liability for incidental or consequential damages, so the above exclusion may not apply to you. 9. INDEMNIFICATION
You agree to fully defend, indemnify and hold harmless Inspiregrass, its employees, directors, and officers, and anyone else associated with Inspiregrass, and each of their successors and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or these terms, the use of this Site by you and/or the use your account (if any) by any person on the Site. 10. INCORRECT PRICING AND INFORMATION
Inspiregrass has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Product’s information is incorrect or the Product is priced wrongly, in such situation Inspiregrass has the right to cancel the transaction and refund the payment, if the transaction has been made. All Products are subject to availability and all images on the Site are for illustration purposes only. 11. NO WAIVER
Failure by Inspiregrass to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.12. ASSIGNMENT
No rights or obligations under this Agreement may be assigned or transferred in whole or in part by you without the prior written consent of Inspiregrass. 13. JURISDICTION
These terms shall be governed by the law of Malaysia, subject to its jurisdiction, and without regard to the conflict of laws principles. All disputes arising in connection with these Terms shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to the Kuala Lumpur Regional Centre for Arbitration in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English. 14. LEGAL FEES
If Inspiregrass is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse Inspiregrass for its legal fees, costs and disbursements if Inspiregrass is successful. 15. ENTIRE CONTRACT
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Inspiregrass, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Inspiregrass relating to the subject of this Agreement. 16. SEVERABILITY
Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. 17. FORCE MAJEURE
Your use of Inspiregrass’ services and/or Site, and purchase of Inspiregrass’ Products implies your full consent to Inspiregrass’ use of your corporate / business identity logos for promotional purposes of Inspiregrass without the need for payment of any consideration thereof.