Terms and Conditions for Items Sold by NSJ Stylish Store
Welcome to NSJ Stylish Store! Thanks for visiting our website. Please read these Terms and Conditions before ordering any Products from our website www.nsjstylishstore.com. By ordering any of our Products, you agree to be bound by these Terms and Conditions. You should visit our page regularly to make note of any changes we have made to our Terms and Conditions.
1. WHO WE ARE
We are NSJ TRADING , trading as www.nsjstylishstore.com (“NSJ Stylish Store”). NSJ Stylish Store is a brand under the company of NSJ TRADING (Company Registration No. JR0068809-P), a company registered in Malaysia.
1.3 In these Terms and Conditions:
- “Account” means the NSJ Stylish Store Account that you will need to register for on the Site if you would like to submit an Order on the Site;
- “Working Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Malaysia;
- “Order Confirmation” means our email to you, in which we acknowledge your Order in accordance with clause 5.2 below;
- “Customer” means any individual who places an Order on the Site;
- “Order” means the Order submitted by you to the Site to purchase a Product from us;
- “You” means the Customer who places an Order;
- References to “clauses” are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- References to “includes” or “including” or like words or expressions shall mean without limitation.
To place an Order with NSJ Stylish Store you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with NSJ Stylish Store only with involvement of a parent or guardian.
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2013. In the event such breach occurs, NSJ Stylish Store will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5. TERMS OF SALE
(a) To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
(b) You shall not misuse the Site by creating multiple user accounts.
5.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
(d) If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
5.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our provided payment methods from the checkout page.
(d) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(e) Upon authorisation of the payment, by clicking the “Place Order” button you are confirming that the card belongs to you, and have sufficient funds or credit facilities to cover the cost of the Product.
5.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact us at email@example.com immediately in 24 hours. We will try our best to process your request.
5.5 Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
6.1 We aim to deliver the Product to you at the place of delivery which you filled in your Order and the delivery time indicated by us on the product page.
6.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery and we shall not be liable to courier delays.
6.3 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
6.4 We deliver in our standard packaging.
6.5 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you provide a wrong address to deliver or you do not collect the Product from the carrier after unsuccessful delivery, we may charge you for any fee and other costs reasonably incurred by us.
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
You can only cancel an order in 24hours after the order has been placed or before you made payment as our team process order efficiently.
8. RETURNS AND REFUNDS POLICY
We only accept returns and refunds for products without personalized content on them and in original condition. We apologize if we have sent you a wrong/defective item. Exchanges and refunds are easier now as you may submit your return/exchange request with reason(s) to firstname.lastname@example.org. We will respond to your request within 24 working hours.
- All of NSJ Stylish Store products are covered under a 7 days warranty effective from the delivered date shown from the courier company. (Only applicable for the items which met the mentioned conditions)
- Request will be forfeited if the defective products are caused by improper use of workmanship.
- For electronic products, longer warranty period applied and it is stated in the product info segment.
- For Sunglasses, one-year warranty provided. Further details and condition may refer to Sunglasses Description Section.
- Product image as seen on the Site may slightly differ from the actual Product that you receive. This is not a reason for exchanges.
- An exchange can be done if the item(s) sent to you is defective/ faulty*.
- A refund will only be processed if the item(s) have run out of stock for exchanges or the item you purchased is without personalized content.
- Exchange will only be done for the item(s) in its original condition (original packaging and unaltered). Exchanges for articles which do not meet all mentioned conditions will be duly declined.
- For wooden items, products may vary in terms of symmetry/wood color/wood pattern. Exchange due to the mentioned reasons will not be accepted.
- For personalized items, there may be a mechanical uncertainty. In such cases, the variance of differences in measurement within 0.1-0.5cm will not be considered as a defect.
- We will ship out the exchanged item(s) within 48 hours once the item is received. It normally takes 4-6 working days for the parcel to arrive at your doorstep.
The item is on your responsibility until it reached us. For your own protection, we recommend you to send the items using the reliable courier agent and pack item properly. Please send the consignment note to us in case we shall need them for reference.
- For defective/in-corrected item that we approved, NSJ will bear the shipping fees paid by the customer.
- Return of items can only be done one time per order.
- All the return requests which do not meet the above-mentioned criteria will be strictly declined and forfeited.
8.4 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
9.1 You may use promotional vouchers while making payment for Products on the Site. Specific details for promotional vouchers is listed below.
9.2 To redeem vouchers in your Account or check an existing member points, please visit “My Account” on the Site. Subject to clause 12.1, we accept no Liability for errors in the email address of the voucher recipient.
9.3 If you have a promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
9.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
9.5 We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
9.6 In rare cases, NSJ Stylish Store may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
9.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items.
(b) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(c) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
(d) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
9.8 Conditions for the redemption of member points:
You will earn member points by purchasing items on our Site.
(a) You may redeem your member points with no minimum spend limit.
(b) The member point does not accrue interest nor does it have a cash value.
(c) The member point can’t be transferred to others.
(d) If the member point is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
10. DISCLAIMER OF LIABILITY
The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, NSJ Stylish Store and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend, hold harmless NSJ Stylish Store, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
12. GUARANTEE AND COMPLAINTS MANAGEMENT
12.1 NSJ Stylish Store shall perform its obligations under these Terms and Conditions with reasonable skills and care.
12.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 5.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
12.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries at Whatsapp +601133089645.
13. PERSONAL DATA PROTECTION
14. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
14.1 We shall not be liable to you for any breach, hindrance or delay in the performance of an order fulfilment to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
14.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may cancel the order forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
14.3 If we are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Orders we will perform and to what extent.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
15.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of NSJ Stylish Store or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by NSJ Stylish Store and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
15.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of NSJ Stylish Store in Malaysia. NSJ Stylish Store’s trademarks may not be used in connection with any product or service that is not provided by NSJ Stylish Store, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NSJ Stylish Store. All other trademarks not owned by NSJ Stylish Store that appear on the Site are the property of their respective owners.
15.3 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event NSJ Stylish Store becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
15.4 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by NSJ Stylish Store or its licensors.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or an Order.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
18. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions assent to any such term.
19. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
Version: December 2018