Terms & Conditions
INFORMATION ABOUT US
www.cellini.com.my is a site operated by Cellini Design Center Sdn Bhd. We are registered in Malaysia under the Business Registration Number 210258-H and with our registered office at No. 20, Subang 7/4, USJ 1, Taman Perindustrian Subang, 47600 Subang Jaya, Selangor
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Our site is only intended for use by people residing, businesses and companies in Malaysia ("the Serviced Country"). Deliveries are within West Malaysia. International orders can only be entertained through email enquiry for logistical reasons.
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts;
- You are resident in the Serviced Country.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an online order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All telephone and on-line orders are subject to acceptance by us, and we will confirm such acceptance to you either during our telephone conversation or email. The contract between us (“the Contract”) will only be formed when we accept the order.
Subjected to actual stock availability, item orders may be replaced with alternatives subjected to a verbal or written confirmation with you. For items that cannot be replaced, we will contact you to give you the option to cancel. If payment has been made, you will be refunded of the amount paid.
All orders placed online will be fulfilled within 90 business days unless otherwise advised. Business days exclude Saturday, Sunday and Public Holidays.
You are obliged to make payment in FULL by the payment option you select when you check out your orders.
PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site we might at our discretion decide to honour the lower (incorrect) price or either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price even after we have provided you with an email confirmation.
REJECT AN ORDER
We reserve the right to reject any online/offline order that is due to data entry error or for any other reason without liability or compensation to the Customer. This includes all cases of “zero” priced items.
The Company will refund the Customer for whatever has been paid for all such cases.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time.
You will be subject to the Policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those Policies or these Terms and Conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the Law of Malaysia. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of Malaysia.
We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions, it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order.
In some cases, the products we offer for sale and made from natural materials, and there may be small variations between the product image(s) and the product you receive.
We endeavour to ensure that all colours are displayed accurately, but you should be aware that colours may appear slightly differently on different displays and screens. The shade of colour from screen to screen is not a fault or error.
We aim to update our website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
You shall inspect goods upon delivery and inform us of any discrepancies of goods delivered within 7 days from the date of delivery failing which complaints of such discrepancies will not be entertained and it is deemed that the order is accepted by the buyer in good order and condition. Aesthetic damages such as scratches on glass or soiled materials will not be entertained after the acceptance of goods.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
EVENT PHOTOGRAPHY AND RECORDING
You may be photographed, audio-recorded and video-recorded at any event organized by Cellini. By participating the event, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, webcasts, promotional purposes, telecasts, advertising, inclusion on web sites, or for any other purpose(s) that Cellini, its vendors, partners, affiliates and/or representatives deems fit to use. You release Cellini, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitising, or publication of interviews, photographs, computer images, video and/or sound recordings.
By entering the event premises, you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, webcasting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Cellini or the person or entity designated to do so by Cellini.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.
YOUR CONSENT AND RIGHTS
By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.
Under the Privacy Act (the "Act"), individuals have the right:
- to check whether we hold personal data about you and to access such data;
- to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
- to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
- to withdraw your consent to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your withdrawal of consent to us.
You may exercise your opt-out right by notifying us if you wish to withdraw your consent to the use of your personal data for direct marketing purposes. Please send requests to opt-out and for access to data, correction of data, information regarding policies and practices to email@example.com
TERMS AND CONDITIONS - CONTEST / LUCKY DRAW
- This contest / lucky draw (“Contest” /“Lucky Draw”) is organised by Cellini Design Center Sdn Bhd.
- By entering the Contest / Lucky Draw, participants agree to be bound by and to comply with the Terms &Conditions (T&C). Non-compliance with or breach of any of these T&Cs may disqualify a participant at any stage of the Contest / Lucky Draw, and any prizes won may be forfeited, withheld, withdrawn or reclaimed.
- Employees of Cellini/or sponsors for the Contest / Lucky Draw (if applicable), are not eligible to participate in the Contest / Lucky Draw. Winner(s) may be required to sign a written statement confirming their eligibility before prize collection.
- Participant affirms the accuracy of all information provided at the time of Contest / Lucky Draw entry. Any misrepresentation of any fact or particulars (deemed material by Cellini) shall result in disqualification and/or the forfeiture, withholding, withdrawal or reclaiming of any prizes won.
- Cellini reserves the right, at any time in its sole and absolute discretion, to substitute, withdraw, add to or alter any of the prizes offered without notice to the participants.
- Cellini will endeavour to hold the Lucky Draw on and at the advertised date, time and venue and by the mode (manually or electronically) as advertised, but reserves the right, in its sole and absolute discretion, to conduct the Lucky Draw by another mode in such circumstances as Cellini may deem appropriate.
- Prize winners for the contest will be contacted on the same day of the draw through the mobile number that participants indicated. Cellini’s decision on the winners is final and no correspondence will be entertained. Cellini's decision at all stages of the Contest / Lucky Draw is final. No enquiries, appeals, verbal or written, shall be entertained. The participants shall accept and abide by any and all decisions made by Cellini concerning, without limitation, these terms and conditions, the rules, procedures and regulations of the Contest / Lucky Draw, the award of prizes and any other matters relating to the Contest / Lucky Draw.
- By entering the Contest / Lucky Draw, each participant agrees that:
- a. any and all personal data submitted may be collected, used and/or disclosed to Cellini for various purposes, including to communicate with the participant for purposes related to the Contest / Lucky Draw, to provide goods and services to the participant upon request, and such other purposes Cellini may reasonably deem appropriate, or in relation to which the participant has otherwise provided Cellini with consent;
- b. Cellini may collect, use, disclose and share amongst themselves and their respective service providers, the participant’s personal data, including the photographs or audio-video or other recordings of these participants (“Material”) for publicity and/or use in advertisements across all media, including, without limitation, in Cellini’s publications, presentations, promotional materials on their websites, in its original or edited format, and whether to promote the Contest / Lucky Draw or otherwise without further notification, remuneration or compensation; and
- c. the copyright and all other intellectual property rights in and to all Material shall vest solely and absolutely in Cellini without further compensation.
- Prizes are not transferable or exchangeable and non-cash prizes cannot be exchanged for cash. Cellini accepts no responsibility for any tax or other liability that may arise from the prize winnings. Prizes are subject to availability and Cellini has the right to substitute any prize for a comparable prize of equal or greater value to be awarded in lieu, subject to any applicable law.10. Readers are required to provide their particulars for the purpose of verification & audit. All prizes which are not won or remain unclaimed after two (2) months of the announcement of the winners will be forfeited.