Terms And Conditions
Welcome to Gavier.com, your preferred fashion shopping online service provider.Thank you for using our Website. This page forms the Terms and Conditions in accordance with which we supply Products (each a “Product”) listed on our website www.gavier.com (the “Website”) to you (the “Terms and Conditions”). The Websites are provided by beeZmall IP Sdn Bhd (1232181-U) having the registered office at A-2- 1, Block A, Southgate Commercial Centre, No. 2, Jalan Dua, Off Jlan Chan Sow Lin, 55200, Kuala Lumpur, Malaysia and having sole ownership of the online website under the name of Gavier.com.
By using our Website, you are agreeing to these terms. Please read them carefully.
a. "Account" means the GAVIER Account that you will need to register for on the Website if you would like to submit an Order on the Website;
b. "Working Day" means any day on which not include public holiday, weekend and announcement make by government in Malaysia;
c. ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 3.2 below;
d. "Order" means the Order submitted by you to the Website to purchase a Product from us;
e. "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 3.2 below;
f. "Customer" means any individual who places an Order on the Website;
g. "You" means the Customer who places an Order;
h. "clauses" are to clauses of these Terms and Conditions;
i. Words informing the singular shall include the plural and vice versa. Words mentioning a gender shall include every gender and references to persons shall include an individual, partnership, corporation, firm or company;
j. Headings is for easy reference only and shall not affect the explanation or construction of the Terms and Conditions;
k. References to "includes" or "including" or like words or expressions shall mean without limitation. Our Website are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant. Website, and those additional terms become part of your agreement with us if you use our Websites.
2. USING OUR WEBSITES
a. You must follow any policies made available to you within the Website.
i. Kindly refrain from misusing or abusing our Website. For example, don’t interfere with our Website or try to access them using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Website to you if you do not comply with our terms or policies or if we have reasonable evidences of abuses, validated reports after investigating acts of misconduct which may have moral obligations of apprehending them.
ii. Using our Website does not give you any ownership of any intellectual property rights in our Website. You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any trademarks, patent rights or logos for branding Service provisions.
iii. Our Website may display some contents that are not owned by Gavier.com. These contents are the sole responsibility of the entities that makes them available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we will review those contents and we are not responsible for any assumptions that you may choose to or otherwise. In connection with your use of the Website, we may send you Product announcements, administrative messages, and other information. You may choose to opt out of some of those communications.
(a) You must register with us by creating an Account on the Website to place an Order. You must only give use information which is accurate and true. You must use the relevant sections of the Website to keep your information up to date by informing us of an on any changes.
(b) You shall not allow creating multiple user accounts in the Website.
3.2 Contract Form
(a) The information set out in the Terms and Conditions and the details contained on this Website do not form 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 needed to follow shopping process on the Website. 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) A Contract is form only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
3.3 Price and Payment
Whilst all efforts are made to ensure accuracy of image, quantity, description, specifications and pricing there may be occasions where errors arise. Should such a situation occur Gavier.com cannot accept your order. In the event of a mistake, you will be contacted with a full explanation and a corrected offer. 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) 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 ‘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 payment partners listed on our homepage or use the cash on delivery payment method. Similarly, you can pay all or part of the price of your Order using an, store credit or a promotional voucher.
(d) You can pay using Bank Transfer by following the online shopping process.
(e) promotional vouchers must be entered at the checkout page online only. Physical presentation of vouchers to GAVIER personnel will not be accepted.
(f) Upon payment, by clicking the “Order With An Obligation To Pay” button you are confirming
that you want the Order and proceed toward payment through our payment partners.
3.5 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Website, please drop us an email email@example.com. We will try our best to process your request.
3.6 Refusal of Order
From time to time there may be information on Gavier.com that contains typographical errors, inaccuracies or omissions that may relate to product image, descriptions, pricing and availability. We reserve the right to correct an error inaccuracies or omissions and to change or update information at any time without prior notice. (Including after you have submitted your order) We apologies for any inconvenience this may cause you. We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. The Product quoted in Gavier.com is subjected to change with or without prior notice due to charges and/or currency fluctuation. 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 Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an Order.
4.1 We are dedicating to deliver the Product to you at the place of delivery requested by you in your Order with the estimate delivery time mention by us at the time of your order checkout (as updated in the Order Confirmation).
4.2 We shall notify you if we expect 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.
4.3 You may contact GAVIER Customer Service Team at 016 714 9177 or drop us an email at firstname.lastname@example.org in case of any faults, defects or damage. You shall be required provide the documents delivered with the Product.
4.4 Please be inform on some location we might not be possible for us to deliver, we will inform you on the contact details that you give to us when make the Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
4.5 We deliver in our standard packaging.
4.6 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 (for e.g. see 4.8 below), 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. Any breach of obligations by you, might impact your ability to shop on GAVIER in the future.
4.7 Any circumstance that you are not available to take delivery or collection, carrier may leave a card giving you instructions on either re-delivery or collection from the carrier.
4.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any feeand other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 4.8 (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any
requirements that you may have.
4.9 In event there exists a conflict of total cart size which entitle free shipping, the value on
Website shall prevail.
5. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT
If you wish to cancel your Order please contact our Customer Service Team on 016 714 9177. Cancellation fees shall be applicable at 5% of the Product price. Once an Order has been dispatched it not allow to be cancelled.
6. RETURNS AND REFUNDS POLICY
6.1 All items must be received by GAVIER in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
6.2 You may process returns through your nearest post office or walk-in returns.
6.3 Your returned Products together with your tax invoice, are usually received and accepted at our office within five (5) days after the drop-off at the post office counters. We will refund you after deduction admin cost. In event you prefer to refunded by different means please call our Customer Service Team at 016-714 9177 or drop us an email email@example.com and we will try our best to assist you.
7. FAULTY PRODUCTS
7.1 Post on this Website Products descriptions, information’s and materials are provided “as is” and without warranties express, implied or otherwise howsoever arising.
7.2 Actual Product that you have received might slightly different from Product image seen on Website.
7.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
7.4 Upon receive the Product, we will take precaution through examine it and advise you on the status of the replacement or refund (if applicable) via email as soon as practicable.
7.5 GAVIER may at its option refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to clause 6.
7.6 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.
8.1 You may use promotional vouchers while making payment for Products on the Website. Specific details for promotional vouchers and are listed below.
8.2 To redeem vouchers in your Account or check an existing credit, please visit "My Account" on the Website. We accept no Liability for errors in the email address of the voucher recipient.
8.3 Promotional vouchers must be entered at the check out page under “promo code” column online only. Gavier personnel will not accept physical presentation of vouchers.
8.4 If an attempt at deception or suspicion of other illegal activities in event connection with voucher promotional or redemption of that voucher on the Website, we shall take immediate action to close your Account and/or require a different means of payment.
8.5 We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
8.6 In undesirable situation, GAVIER may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
8.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Website, 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) You may redeem only ONE voucher per promotional campaign for each customer only. GAVIER reserves the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund will be returned to you.
(d) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
(e) 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 ouraccepted payment methods.
(f) For cash vouchers stipulated for a RM xx sum, If you choose to return the product, you will not be refunded the value of the cash voucher. However if you paid partly with your own funds, this portion will be refunded.
(g) Promotional voucher does not apply discount on shipping charges.
(h) Voucher is applicable for selected items only.
(i) The Website reserves the right to terminate the promotional voucher or change it’s terms and conditions or cancel promotion without prior notice.
9. Privacy and Copyright Protection
9.1 Gavier.com's takes cognizance to protect your privacy when you use our Website. By using our Website, you agree that Gavier.com to use such data in accordance with our privacy policies such as Personal Data and Protection Act which may be made available by law in your country of use. By using our Website, you agree to receive periodical newsletter, text message, email communications, including marketing communications relating to our products, information, offers and Website from Gavier.com.
9.2 We view copyrights violations as a serious matter and will act necessarily to protect
owners from such and will terminate serious or repeat offenders from usage of this platform.
9.3 If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices to firstname.lastname@example.org
10. Your Content in our Website
10.1 Some of our Website allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
10.2 When you upload, submit, store, send or receive content to or through our Website, you give Gavier.com a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Website), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Website, and to develop new ones. This license continues even if you stop using our Website. Some Website may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Website, there are terms or settings that narrow the scope of our use of the content submitted in those Website. Make sure you have the necessary rights to grant us this license for any content that you submit to our Website.
10.3 Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
10.4 Upon signing up with us as a member, we may have the right to display, publish your Profile photo, and actions you take on Gavier.com or any other third party applications connected to your Account (such as ratings, reviews you write and comments you post) in our Website, including displaying in ads and other commercial contexts.
11. About Software in our Website
11.1 When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Website may let you adjust your automatic update settings.
11.2 Gavier.com gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the software provided to you by us as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Website or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
11.3 Open source software is important to us. Some software used in our Website may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
12. Modifying and Terminating our Website
12.1 We are constantly changing and improving our Website. We may add or remove functionalities or features, and we may suspend or stop a product altogether which is not fit.
12.2 You can stop or choose to terminate the usage of this Account at any time and vice versa. We believe that you own your data and preserving your access to such data is important.
13. Our Warranties and Disclaimers
13.1 We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Website.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GAVIER.COM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTIONS OF THE WEBSITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE WEBSITE “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
14. Liability for our Website
WHEN PERMITTED BY LAW, GAVIER.COM AND GAVIER.COM'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GAVIER.COM'S, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE WEBSITE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE WEBSITE AGAIN). IN ALL CASES, GAVIER.COM AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
15. About these Terms
15.1 We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Website. You should look at the terms regularly. You agree that Gavier.com shall not be liable to you for any modifications of the terms in this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Website, you should discontinue your use of that Website.
15.2 If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
15.3 These terms control the relationship between GAVIER.COM and you. They do not create any third party beneficiary rights.
15.4 If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
15.5 If it turns out that a particular term is not enforceable, this will not affect any other terms.
15.6 The laws of Malaysia will apply to any disputes arising out of or relating to these terms or the Website. All claims arising out of or relating to these terms or the Website will be litigated exclusively in the federal or state courts of this country.