ARTWORLD E-STORE TERMS & CONDITIONS OF SALE

Welcome to www.artworldestore.com (“E-Store”). The terms and conditions herein (“Terms”) shall apply on the sale and purchase of the Product defined herein via the E-Store. By you using the E-Store or any part of it, you agree to be bound by all the Terms herein and our Privacy Policy. 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. 

1. DEFINITION
   1. In these Terms, the following words shall have the respective meanings specified below unless the context otherwise requires: -
      1. ( “Artworld” means ARTWORLD TECHNOLOGY SDN. BHD. (Registration No. 200001012843 / 515449-M) incorporated in Malaysia and having its business address at 12, Jalan 14/118B, Desa Tun Razak, 56000 Kuala Lumpur, Malaysia.
      2. “Buyer” means the person or legal entity identified in the billing details as the purchaser of the Product. 
      3. “Card” means one of the following credit cards: VISA and MasterCard.
      4. “Card Company” means the applicable payment and Card processing entity for the relevant Card.
      5. “Contract” means a contract for sale between Artworld and the Buyer of the Products formed in accordance with Clause 2.1.
      6. “Order” means an online order placed via the E-Store by the Buyer with Artworld for the Product in accordance with these Terms.
      7. “Parties” means Artworld and the Buyer and “Party” means any one of them.
      8. “Product” means a product or service listed or made available for sale at the E-Store for which Artworld invites Order in accordance with these Terms.
   2. Words using the singular or plural number also include the plural or singular number.
   3. Any reference to a “person” or “entity” includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
   4. Any reference to a “Clause” is to a clause of these Terms.
   5. The headings in these Terms are inserted for convenience only and shall be ignored in construing these Terms.
   6. A reference to the word “include” or “including” shall not be construed as having any limiting effect.
2. BASIS OF CONTRACT
   1. A Contract upon the Terms herein is agreed between the Buyer and Artworld when the Buyer offers to order the Product from Artworld at the specified price by payment via the E-Store and Artworld accepts the offer by shipping the Products to the Buyer or the intended recipient specified by the Buyer. 
   2. The Terms set forth herein and the information contained on the E-Store do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any Product shall exist between Artworld and the Buyer until Artworld accepts the Buyer’s offer by shipping out the Product. 
3. ORDER, PRICE AND PAYMENT
   1. The Buyer shall select the Product and its quantity which he wishes to order at the price specified by Artworld at the E-Store and place Order by making payment and providing all necessary information as may be required including billing and shipping details. The Buyer shall be responsible for ensuring the accuracy of the Order and details provided. 
   2. All Order checked out from the Buyer’s shopping cart will not be reserved until full payment is successfully made. All Order shall be subject to the acceptance of Artworld in their sole discretion and each Product in the same Order accepted by Artworld shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional unless otherwise agreed by Artworld. 
   3. Artworld shall be entitled (but not obliged): -
      1. to accept an Order and/or any part of the Order without further reference to the Buyer by delivering the Product ordered to the Buyer. Upon such acceptance, a binding Contract shall be formed upon these Terms, the terms of the accepted Order (excluding any terms which are not accepted by Artworld) and such other terms and conditions as Artworld may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Artworld in the manner set out in this Clause 3.3(a). Processing of Card payment for an Order shall not itself constitute acceptance of the Order by Artworld, provided that where an Order is rejected by Artworld, any payment made for such Order shall be reversed or refunded by Artworld; or
      2. to decline to accept or reject the Buyer's Order in whole or in part without assigning any reason; or 
      3. to delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels or for any other reason.
   4. While Artworld endeavours to provide an accurate description of the Product, Artworld does not warrant that such description is accurate, current or free from error. In the event that the Product received is fundamentally different from the Product shown on the E-Store and which the Buyer has ordered, Clause 7 shall apply. 
   5. Any information made available on the E-Store in connection with the Product, including but not limited to photographs, drawings, descriptions, appearances, performance, effect, speed, result, dimensions, weight, data about the extent of the delivery, consumption of operating materials, are not binding and for information as well as illustration purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
   6. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Artworld shall be subject to correction or cancellation without any liability on the part of Artworld. 
   7. Unless otherwise agreed by Artworld in writing, payment for the Products shall be made by the Buyer in full before any physical delivery of Product.
   8. The Buyer warrants that it is ordering Products for its own use only and not for re-sale. The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Sales and Services Tax, Export Tax) at the prevailing rates.
   9. All Card payments are subject to the approval of the Card Company and the relevant paying bank. Artworld shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or particulars of Card for any reason.
   10. The Buyer agrees to submit to Artworld and its payment service provider such Card information and delivery information as may be reasonably requested by Artworld or its payment service provider to process the Order, payment for the Order and to arrange for delivery and invoicing. All information submitted shall be subject to Artworld Privacy Policy. Artworld shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services. The Buyer agrees that Artworld shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.
   11. Artworld reserves the right to exercise its lawful remedies if a dispute or issue arises over any Card payments or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, Artworld may in its discretion: -
       1. (a) reject such Order, or suspend or cancel delivery of such Order; 
       2. (b) enter the Buyer’s or the recipient’s premise and repossess the Product if delivered;
       3. (c) claim against the Buyer for the full price of the Order as a debt.
   12. Artworld shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Artworld under any and all Contracts and other agreements.
4. TITLE AND RISK
   1. Risk in the Product shall pass to the Buyer upon delivery of the Product to Buyer. In the event that the Buyer fails to take delivery of the Product, then risk in the Product shall pass on the time when Artworld tenders the delivery of the Product. 
   2. Title in the Product shall not pass to the Buyer until Artworld’s receipt of full payment for the Product and acceptance of the Order in whole or in part.
5. PRODUCT DELIVERY AND CANCELLATION
   1. Delivery of the Product will be made to the shipping addressed specified by the Buyer in the Order via service company or driver of Artworld choice. Artworld may deliver the Product by instalments and Artworld reserves the right to make only partial delivery of an Order.
   2. At this juncture, delivery of the Product under “East Malaysia & Brunei Shop” is extended to Brunei, Labuan, Sabah and Sarawak only while the delivery of the Product under “West Malaysia & Singapore Shop” is only extended to Kuala Lumpur, Putrajaya, Johor, Melaka, Negeri Sembilan, Selangor, Pahang, Perak, Terengganu, Kelantan, Kedah, Perlis, Pulau Pinang and Singapore. 
   3. Any delivery time or logistic status indicated in the E-Store shall be approximate only and shall not form part of the Contract. Artworld aims to deliver within the time frame indicated and delays may occur. The time for the delivery of the Product shall not be of essence and Artworld shall not be made liable for any delay in delivery howsoever caused. 
   4. If the Product has not been delivered within a reasonable time, the Buyer should contact Artworld at: -
      1. ARTWORLD TECHNOLOGY SDN BHD
         No. 12, Jalan 14/118B, Desa Tun Razak, 56000 Kuala Lumpur, Malaysia.
         Phone: (603) 9172 5411 Email: enquiry@artworld.net.my
         Operating Hours: 9.00 a.m. - 6.00 p.m.
   5. If the Buyer requests express delivery or makes any special request in Order Notes, Artworld shall endeavour (but not obliged) to accommodate such requests on a commercially reasonable effort basis and the Buyer shall bear any excess charges, all risk of loss and damage to the Product in transit.
   6. Artworld will not entertain any request for change of the Product after order confirmation is issued. Artworld shall delivery the Product to the delivery address specified and keyed in by the Buyer on the order form. 
   7. If the Buyer fails to accept delivery or collect the Product from carrier, then the Buyer will be charged for reasonable storage fee (if any) and other related costs.
   8. Artworld reserves the rights to withhold delivery of the Product in the event that there is insufficient information provided by the Buyer or any events beyond the control of Artworld.
   9. The Buyer shall bear all the delivery, shipment and administrative costs of any delivery of Product which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Terms.
6. CANCELLATION
   1. Artworld reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any Product from the E-Store. In the event that such Product forms part of the Order accepted by Artworld, Artworld may cancel the Order without liability or prior notice or deliver Product which has similar functionality as any Product ordered with minor differences in specifications subject to agreement by the Buyer. 
   2. An Order may be changed or cancelled by the Buyer prior to the order status indicating “Processing” or shipment of the Product, provided always that the Buyer must contact Artworld immediately and the Buyer shall pay any cancellation fees (if any) which may be imposed by Artworld.
   3. If Product ordered has already been shipped, no cancellation or refund will be permitted.
7. ACCEPTANCE OF PRODUCT
   1. If any of circumstances under Clause 7.3 applies, the Buyer shall be at liberty to take or reject them provided they are returned within the sealed packaging intact within seven (7) days after the receipt subject to the Terms herein, failing which the Buyer is deemed to have accepted the Product and not entitled to the replacement of Product. Any request of refund shall be considered by Artworld at its sole discretion. 
   2. The Buyer may initiate the return process for replacement by contacting the Seller. If Artworld considers the Product to be a defective Product, Artworld will contact the Buyer with the procedure for return and replacement. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
   3. The Buyer may only apply to return for replacement of the Product in the following circumstances: -     Notwithstanding the foregoing, any consumable Product including but not limited to toner, ink, ribbon, cartridge and drum unit, is strictly not entitled to return or replacement if the Product’s original sealed packaging is opened.
      1. the Product delivered to the Buyer is defective and/or damaged on delivery whereby the Buyer is required: -
         1. to take picture of the defective and/or damaged products and forward the said picture to Artworld within three (3) working days from the date of receipt; and
         2. not to sign the proof of delivery (“the POD”) (if any) and to make sure the POD is clean; and 
         3. to put a remark on the POD (if any) and feedback to’s customer service. 
      2. the Product delivered to the Buyer is materially different from the Product ordered;
      3. the Product delivered to the Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the Order; 
      4. the Product delivered to the Buyer is incomplete set upon receipt; 
      5. the Product delivered to the Buyer is of extra quantity upon receipt; and/or
      6. such other circumstances which may be agreed by Artworld in writing.
   4. Notwithstanding Clause 7.3, the Buyer is to ensure that: -failing which the Goods will not be accepted for return and replacement.
      1. the Product is in its original delivered condition and packaging;
      2. the Product is not opened, used, marked and defaced in any manner;
      3. the Product delivered as part of a set or a multi-item pack shall be returned as a whole set, including gift and user manual (if any); and
      4. the Product is purchased through the E-Store with the tax receipt/invoice issued by Artworld corresponding the serial number of the Product (if any).
   5. Artworld reserves the right to refuse any return or replacement of the Product if: -
      1. the Buyer is unable to produce the Product details or tax receipt;
      2. the Product is damaged or rendered defective due to improper use or mismanagement by the Buyer;
      3. the Product is not used in accordance with the operating manual or instructions;
      4. the use of the Product in a manner not reasonably contemplated by Artworld;
      5. the modification of the Product is not authorised by Artworld;
      6. the use of consumables, parts, or peripherals which are not original, in conjunction with the Product;
      7. the subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;
      8. the use of Product by a person other than the Buyer; or
      9. the failure on part of the Buyer to comply with any of these Terms.
8. CONTROLS AND RESTRICTIONS

   Certain countries impose censorship, customs, import, export, regulatory requirements or restrictions on the Products. The Buyer shall be responsible for ensuring that all Products in the Order are complying with such requirements at its own costs. Artworld shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.

9. SOFTWARE

   All rights, title and interests in and to any software installed, industrial design, trademarks, and/or other intellectual property contained in the Product shall remain with Artworld or the applicable licensor. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the license agreement. The Buyer expressly acknowledges that Artworld makes no warranties for any software under these Terms.

10. NO WARRANTIES
    1. Artworld makes no warranty in respect of any Product, whether express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. Artworld 's sole liability for any defects in any Product is set out in Clause ‎7.
    2. Artworld makes no warranties in respect of any products which is manufactured by party other than Artworld (“Third Party Product”), and all warranties express or implied in respect of Product, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose, are hereby excluded and shall not be binding against Artworld. Third Party Product including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer and/or licensor and not Artworld 
11. EXCLUSION & LIMITATION OF LIABILITY
    1. In no event shall Artworld be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage arising from the use of the Product and/or any breach of these Terms, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Artworld has been advised of the possibility of such loss or damage.
    2. If any service (including but not limited to installation of any Product) is performed by any third party, Artworld shall not be liable for any act, neglect, omission or willful default of such third party, regardless of whether such third party is authorised by Artworld.
    3. The total liability of Artworld to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Terms by Artworld shall not in any event exceed the price of the Product giving rise to such claims.
12. FORCE MAJEURE
    1. Artworld shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.
    2. In the event that any Force Majeure Event results in a shortage of the Products, Artworld shall be entitled to allocate its available stock of the Products among its customers in such a manner as Artworld may consider equitable and may make partial deliveries of any Products to the Buyer.
13. AMENDMENT

    Artworld reserves the right to change these Terms without prior written notice at any time, at Artworld 's sole discretion, by posting a copy of the amended Terms at the E-Store. Any attempt to modify, supplement or amend these Terms by the Buyer will be null and void, unless expressly agreed to in writing by Artworld.

14. COMPLETE CONTRACT
    1. The Contract and these Terms represent the entire understanding between Artworld and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Terms. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Terms are hereby superseded.
    2. Any term or condition of the Buyer's Order which is any way inconsistent with or in addition to these Terms shall not be applicable or binding on Artworld, unless otherwise agreed in a written agreement signed by Buyer and Artworld, and any failure by Artworld to object shall not be considered a waiver of these Terms.
15. ASSIGNMENT

    The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Artworld. Any such unauthorised assignment shall be deemed null and void. 

16. RIGHTS OF THIRD PARTIES

    Neither a person identified in the Shipping Address nor any person or entity who is not a Party shall have right under the Contracts Act, 1950 (Act 136) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.

17. ACCEPTANCE

    Please click on the “Accept” button or tick the box provided to indicate your acceptance of these Terms, or exit to discontinue to abort the purchase order.