Terms & Condition
This website is operated by NC Twenty Eight Sdn Bhd (“itsLiving”, “Company”) Throughout the website (“Site”), the terms “we”, “us” and “our” refer to itsLiving. itsLiving offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Site. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the website with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the website following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
1.1. “Account" means an account that you will need to register for on the Site if you would like to submit an Order on the Site;
1.2. "Acknowledgement" means our response to your Order and queries by email;
1.3. "Business" means the online business of selling through the Site;
1.4. "Business Day" means any day on which banks are open for business other than Saturday, Sunday and gazetted public holidays in Malaysia;
1.5. "Contract" means your Order of a Product or Products complying with these Terms and Conditions that we accept in accordance with clause 4 below;
1.6. "Customer" means individual who places an Order on the Site;
1.7. "Deal" means the viewing of the Site on the supplies only/until the Purchase Confirmation;
1.8. "Minimal Requirement" means your required status in accordance with clause 2 below;
1.9. "Purchase Confirmation" means our email to you, confirming the acceptance of your purchase in accordance with clause 4.2.5 below;
1.10. "Liability" has the meaning given to it in clause 9 of these Terms and Conditions;
1.11. "Order" means the order submitted by you to the Site to purchase a Product(s) from us;
1.12. "You" means the Customer visiting the Site and places an Order;
1.13. References to "clauses" are to clauses of these Terms and Conditions;
1.14. The headings are for convenience only and shall not affect the interpretation hereof
1.15. Words denoting the singular number only shall include the plural number and vice versa.
1.16. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.17. References to "includes" or "including" or like words or expressions shall mean without limitation.
2. Minimal Requirement
2.1. You must be over 18 years of age on the time of the Contract; and
2.2. You must possess a valid credit or debit card issued by any bank that is acceptable by the Company; or
2.3. You must maintain a valid and active Online Banking Facility with a bank acceptable by the Company.
3. Entire Agreement
3.1. These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights.
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3. No other terms or changes to the Terms and Conditions shall be binding.
4. Terms of Sales
4.1. Account Opening
4.1.1. You will be required to obtain a valid registered account with the Site to place your Order(s);
4.1.2. You must have a valid and active e-mail when registering on the Site which will be a mode of communication between you and the Site and its personnel. All information, updates, Purchase Confirmation, delivery address confirmation and other related matters will be reciprocated via the said e-mail;
4.1.3. You also must include a valid contact details which inclusive of but not limited to corresponding address, telephone number(s), payment detail(s)and personal details in your application for an Account on the Site. This information will be saved in the Site’s system which will be referred to for every logged in Order(s) placed on the Site;
4.1.4. The provided information may be edited from time to time where update of such information are deemed necessary;
4.2 Formation of a Contract
4.2.1. You agree to pay the price of the Product that you ordered where you will then be shown on the Site for the final charges that you ought to pay including taxes, if applicable, and any applicable delivery charges.
4.2.2 Payment for the Product must be in full at the time of ordering by ways stipulated in Clause 2.2 or 2.3 which we require in order to process your Order. Alternate payment modes will be introduced from time to time.
4.2.3. You must be the rightful and legal owner of such methods used as to provide required details of such upon Purchase Confirmation and use of such cards or account must have sufficient funds to cover the proposed payment to us.
4.2.4. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.2.5. A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Purchase Confirmation" stating that we are accepting your Order. Our Purchase Confirmation shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
4.2.6. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our customer care department immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
4.2.7. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure.
4.2.8. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
4.2.9. You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
4.3 Price and Payment
4.3.1 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.
4.3.2 Where applicable, prices are inclusive of GST and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
5. Delivery Process
5.1. Upon a successful Order, you will be notified through Purchase Confirmation on the registered email address where the items will be delivered;
5.2. The Order will be packaged and sealed accordingly in a manner it is deemed fit by the Company;
5.3. We intend to deliver the Order within the indicated time on the Site but no guarantee for firm time were entered here;
5.4. On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
5.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, 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.
5.6 You are required to unseal the Order with extra care to avoid any action that might damage the Order;
5.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
6.1. We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.2. We shall refund in accordance with the Returns & Refunds Policies as stipulated in Clause 8 of this Term.
6.3. All Orders confirmed via the Purchase Confirmation will not be allowed to cancel unless otherwise stated through a written confirmation from our customer care department.
7. Damaged and defective products
7.1. We at all time ready to warrant you that all Products are manufactured perfectly and will be diligently handled during packing and will be delivered accordingly to the Order and will conform with the published instructions as indicated on the Site;
7.2. The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. You hold full responsibility to use the Product in accordance to the published instruction;
7.3. Damages and/or discrepancies will be compensated provided that:-
7.3.1 You keep the Product with its condition to be verified by the personnel from the Company or its agent;
7.3.2 Inform the matter to the customer care department within five (5) days from the day the Product is received;
7.3.3. To provide the delivery note and order number; and
7.3.4. To provide the detailed information of the occurred damages.
7.4. Any non-compliance of clause 6.3 will not be entertained nor accepted.
7.5. All costs for such approved compensation for the return and replacement of the Order will be borne solely by the Company;
7.6. Notwithstanding the approval of the compensation is solely falls under the discretion of the special panel from the Company.
8. Returns and Refunds
8.1. There is strictly no return or refund on all purchases with the EXCEPTION of manufacturer’s defects or incorrect delivery. This will be exchanged for the same item or a cash voucher with an expiry date.
8.2. Upon approval of such matter stipulated under clause 8.1, Products are to be returned in compliance of the below:-
8.3. All items must be returned in their original condition with all tags attached. Item must be returned in their original packaging including undamaged boxes;
8.4. You have proof of purchase (order number, delivery note, bank statement)
8.5. We are unable to accept returns without boxes or with scratched surfaces.
8.6. Only returns via courier service are accepted, as we do not honour any walk-ins.
8.7. You are responsible for all goods sent until they arrive at our warehouse, and agree to assume the costs associated with returning your purchased item(s) to us. Please ensure to package the goods well to prevent damage. We strongly recommend that you use a reliable courier service with parcel tracking services.
9. Limitation of Liability
9.1. This clause prevails over all other clauses and sets forth with our entire Liability, and your sole and exclusive remedies, for:
9.2. The performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them);or
9.3. Otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
10. Force Majeure
10.1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainment of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
11.1. We shall always maintain and endeavor all relevant regulation on any promotional and advertorial materials on the Site.
12. Amendment to the General Business Terms and Conditions
12.1. 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.
13. Personal Data Protection