25-Mar-2022
PLEASE READ THESE TERMS OF PURCHASE CAREFULLY BEFORE PURCHASING ANY PRODUCT (THE "PRODUCT(S)") AND/OR HANDLING, DELIVERY, ASSEMBLY AND/OR ANY OTHER SERVICES (THE “SERVICE(S)”) FROM VALENCIA HOME FURNISHING SDN. BHD. AND ITS PARENT, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “VALENCIA”, “WE”, “US” OR “OUR”) BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND VALENCIA HOME FURNISHING SDN. BHD. (BUSINESS REGISTRATION NUMBER: 756028-W).
You should read these Terms of Purchase together with the Terms of Use and the Privacy Policy. The Terms of Use and the Privacy Policy are incorporated into these Terms of Purchase, constituted a part of these Terms of Purchase, and is bound by them. In the event of any inconsistency between the Terms of Purchase, Terms of Use, and the Privacy Policy, the Terms of Purchase shall prevail.
By purchasing any Product(s) from us through our physical outlets, the Website, official social media platforms, and/or our official account on legitimate e-commerce platform (e.g., Lazada), you agree to comply with and be bound by the following Terms of Purchase. VALENCIA reserves the right, at its sole discretion, to change, modify, vary, add or remove any portions of these Terms of Purchase, at any time without notice. The modified Terms of Purchase will be posted on www.valenciafurniture.com.my (the “Website”), and will be effective from the date of issuance. You are responsible to check for updates to these Terms of Purchase regularly and read carefully before purchasing any Product from us. All decisions and determinations made by us under these Terms of Purchase are final.
Access to the Website. You understand and agree that you must, at your own cost, provide telecommunication services, computer, mobile phone, tablet, console, and/or other equipment or services necessary to access the Website. You must comply with all the rules and regulations that apply to the means that you have used to access the Website (e.g., Internet access).
Product(s) and/or Service(s) Information on Website. We make every effort to ensure that all Products and Services information that we have on the Website, including descriptions, measurements, prices, images and/or any other related information are current and accurate at all times. All Products sold through the Website are intended for domestic use only and may not be used for commercial and/or industrial purposes unless expressly stated. All images used and/or shown on the Website are solely for illustration purposes only. The colour of the Product images displayed on the Website may differ from the actual Product. All prices shown on the Website are quoted in Malaysian Ringgit (MYR) and are inclusive of applicable taxes unless otherwise stated. Product prices are not inclusive of service charges, labour and shipping fees, which may be added to your total price of your order. We do not warrant that: -
We reserve the right to adjust, modify, alter and/or remove any Product(s), Service(s), information, promotions, discounts, offers and/or sales on the Website at any time without notice and at our sole discretion.
Vouchers. Vouchers can only be used or redeemed at our physical outlets. Physical presentation of voucher to our personnel before payment made is a must. By using any voucher at our physical outlets, you agree to be bound by its terms and conditions. We assume no liability for the loss, theft or illegibility of vouchers. In rare cases, we may at our sole discretion to discontinue or cancel any vouchers previously issued without notice and will not be responsible for any losses arising therefrom. We reserve the right to vary, amend and/or modify any portions of the terms and conditions of the voucher without prior notice.
Promotional Codes. You may apply, use or redeem promotional code to your VALENCIA ONLINE Account (the, “Account”) while making payment for your purchase on the Website. Promotional codes must be entered at the online checkout page before payment made. Physical presentation of promotional codes to our personnel or delivery team will not be accepted nor entertained. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with promotional codes purchase or redemption on the Website, we reserve the right to close, terminate your Account and require a different means of payment. We assume no liability for the loss, theft or illegibility of promotional codes. In rare cases, we may at our sole discretion to discontinue or cancel any promotional codes previously issued without notice and will not be responsible for any losses arising therefrom.
Conditions for the Redemption of Vouchers and Promotional Codes. We may distribute vouchers and/or promotional codes to you either by in-person, email, post, WhatsApp, SMS and/or any other communication channels from time to time. The general terms and conditions for redemption and use of vouchers and/or promotional codes are as follow: -
We shall not be held responsible for the loss or damage of the voucher and/or promotional code and any of the losses or damages suffered by the bearer of the voucher and/or promotional code that arise from or in connection with the loss or damage of the voucher and/or promotional code. We reserve the right to cancel any subsequent orders made by you using a voucher and/or promotional code of the same promotional campaign.
Placement of Orders. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an "Order". When you place an Order from us, you have confirmed that: -
You agree to provide us with an active email address and a contact number which we can easily reach you. Your Order counts as an offer to purchase the Product and/or Service from us, at the prices set out on the Order Summary email. After placing your Order, you will receive an Order Summary email, which contains an order number, details of the Product(s) and/or Service(s) that you have ordered and the total price amount of the Order. The Order Summary email does not constitute our acceptance of your Order. The sale of Product(s) and/or Service(s) are subject to availability. We reserve the right to cancel your Order and refund your purchase if the Product(s) and/or Service(s) that have been placed are out-of-stock, unavailable or discontinued. We will contact you within seven (07) working days from the date of purchase for the Order cancellation. Your Order is only accepted by us when we send you the Order Shipment email.
Cash and Carry for In-Store Purchase. Cash and Carry is available for in-store display unit and/or keep stock Product(s) purchase. You are required to make a complete inspection or examination to assess the Product(s) before purchasing, including the conditions of the Product(s), quantity of its package and the functionality of it. Order must be paid in full before self-pick-up the Product(s) from our physical outlets. You will be received a Sales Order and Sales Invoice documents to confirm your received Product(s). We do not offer assembly service for Cash and Carry Product(s).
Self-Collection for Online Order. Self-Collection service is available at our Seri Kembangan warehouse and please be wary that its location may different from the outlet locations. You will be notified when your Order is ready for self-collection. The self-collection at our warehouse is available from 11am to 5pm daily unless stated. We require at least 72-hour prior notice to prepare your Order(s) for collection and your Order(s) must be paid in full before collection. In the event that you are not available to collect your Order(s) on the scheduled date and timeslot, you are required to notify us 24-hour in advance and reschedule another self-collection appointment. If your new self-collection date exceeds five (05) calendar days of your initial order self-collection appointment, you may be liable for charges of RM105 per week for storage fees (calculated on a daily prorated basis), unless delay of self-collection is at our fault.
Standard Delivery. Standard delivery will take from three (03) working days to three (03) months upon confirmation of Order where your Order will be processed and dispatched from our warehouse. Please note that this may take longer during sales period.
Delivery of Orders. You acknowledge that Order delivery services are provided by either third-party logistic service provider or our internal logistic team (the “Delivery Team”). The shipping fees are based on the delivery of one Order to a single address within Peninsular Malaysia. Promotional shipping fees may apply at our discretion and may be withdrawn at any time before the Order is confirmed. We make every effort to meet your delivery schedule. In the event of any unforeseen circumstances (including lorry breakdown, traffic accident, major traffic delays and severe weather etc.), we will contact you to rearrange an alternative delivery date and timeslot. You shall inform us of any delivery restrictions or difficulty in accessing your property when you place an Order, and you are responsible to obtain those relevant permissions from your building or residential management prior to the scheduled delivery date and timeslot. If we are unable to deliver your Order on the scheduled delivery date and timeslot due to any difficulty in accessing your property, a reattendance fee shall apply for the next delivery attempt. We are not obliged to complete your Order delivery prior to receiving payment of the reattendance fee.
Please make plans to be available to accept your delivery on the scheduled delivery appointment. Our Delivery Team is not obliged to wait for you to grant the Order(s) access to your property. If they leave due to long wait, any attempt for redelivery shall be subject to a reattendance fee. It is your responsibility to examine and/or check the Product(s) condition and quantity of packages, and you will be asked to sign the Delivery Order document to confirm your received Product(s). If there are any issues, you should detail this accordingly on the Delivery Order document to our Delivery Team and your respective sales consultant if applicable. If you refuse to sign the Delivery Order document, this will be taken as refusal to accept the delivery.
Our Delivery Team is not permitted to leave any Products that have not been signed for. If you are not available on the scheduled delivery appointment, there must be a person aged 18 years and above that is capable of receiving delivery on your behalf, and you agree that we can rely on such person's instructions as if they were your own. We are not obliged to verify that that person has been authorized by you to receive delivery of the Order. Any unsuccessful scheduled delivery, a reattendance fee shall apply for the next delivery attempt. In the event that you want to cancel your initial delivery date and timeslot, you are required to notify us 24-hour in advance and reschedule another delivery appointment. If your new delivery appointment exceeds five (05) calendar days of your initial delivery appointment, you may be liable for charges of RM105 per week for storage fees (calculated on a daily prorated basis), unless delay of delivery is at our fault. We are not obliged to complete delivery of your Order and/or provide any additional services that you have requested prior to receiving payment of additional storage fees. Deposit paid will be forfeited for any on-hold delivery for more than three (03) months.
In the event there is unavailability of lift facilities or Product is unable to fit in the lift or delivery has to be done using the staircase for a delivery address located within a building from the third storey, there will be a labour fee applicable. This fee is only applicable up to the fifth storey and it shall be paid directly to our Delivery Team. You are responsible to ensure that there is sufficient access and/or space and that any staircases and lifts providing access are suitable and available for the delivery. Please move objects which could be damaged during the delivery and ensure there is sufficient space in the property for delivery and assembly. Every effort will be made to deliver the Product(s) to your stipulated address, provided that it is safe and feasible to do so. If our Delivery Team is of the view that it is unsafe to their personnel or to any other person to deliver the Product(s) to the address or that any attempted delivery is likely to cause damage to the Product(s) or to the property at the stipulated address (including surrounding property), they will advise you accordingly, and if you insist to proceed with the delivery, we will not be liable for any damage caused to the Product(s) or any property.
Our Delivery Team does not use lifting equipment and/or remove any fixtures at the stipulated address in order to complete the delivery. If any of such equipment or removals is required, you must prepare and complete these on your own cost before the delivery takes place. If you are concerned about possible damage to the property during the delivery, please ensure you cover the property surface with protective sheets if applicable. We will not be liable for any damage to your property if you fail to comply with this Delivery of Orders section.
Assembly Services. All assembly services are provided by our Delivery Team. Our assembly safety measures require that all free-standing furniture Products that come with tip-over restraints must be secured to the wall to make your home a safer place. Drilling fees will be applicable for Products that require wall-mounting. Service fee shall be paid directly to our Delivery Team. Our Delivery Team is not obliged to perform drilling service if the request is not specified in your online and/or in-store Order, and for products that are not purchased from us. Assembly services will be charged separately at prevailing rates.
Changes to and Cancellation of Orders
Any changes and cancellation of Orders are not allowed after Orders are confirmed.
Cancellation Policy. All Orders are automatically processed on our secure processor and sent for shipment as soon as they are placed. During this process we incur irreversible fees. Therefore, while we understand that Orders might need to be changed sometimes, we are unable to do it free of charge after a certain point. We strictly adhere to the following Cancellation Policy: -
We reserve the right to hold or cancel any Order with prior notice when deemed necessary. We will proceed with cancellation should circumstances below occur:
Upon cancellation, refund will be processed accordingly and might take up to twenty-eight (28) working days depending on the practices of your financial institution. We will only process your refund after we have received and inspected the returned Product if applicable. All refunds will be made through your original payment method if applicable. Service, labour, shipping and other applicable fees are not refundable, unless otherwise permitted by us.
Returns Policy. Orders are returnable for exchange within seven (07) calendar days upon receipt if they are: -
All returned Products must meet the following general returns criteria: -
Product(s) is/are non-returnable if under conditions and/or circumstances as follows: -
If we are of the view that the returned Product does not fulfil the Returns criteria, we may refuse the return of the Product(s). You will need to provide us with your Order number and the details of the Product to be returned. Collection fees are applicable, unless you are returning the Product to us as a result of a mistake committed by us, and we will advise you of such fees when we process your request. Upon receipt of the applicable collection fees, we will then arrange for Product collection from your stipulated address. If you choose to return the Product in-store, you will have to bring along the hard copy printout of the Order’s Sales Invoice document, and the payment card with which you paid for the Product(s) if applicable.
Returns Procedure. Returns must be done within fourteen (14) calendar days starting from the day the Product(s) are delivered to you or receipt by you. Upon verification completed, we will conduct an evaluation within seven (07) working days starting from the day we received your returned items. You will receive a notification email once the returned item is received from our end. If your return is not valid, we will notify you and arrange the items to be returned back to you and a delivery fee will be chargeable. If the returns meet all the returns criteria and you wish to proceed with the returns process, you need to have your Order’s Sales Invoice document ready and warranty card if any before visit to our physical outlets or contact us. We reserve the right to reject any return, exchange, refund deemed unfit or unreasonable.
Refund Policy. All returned Products must return together with proof of purchase for Products exchange or refund (only if the Product is not or no longer available or discontinued). Refund will be given in the form of the original payment method used for the purchase and you may be required to provide additional personal and payment information. The refund process might take up to twenty-eight (28) working days depending on the practices of your financial institution. If you have any concerns about your refund credit posting, please contact your respective card-issuing bank. We advise you immediately inspect any Products that we deliver to you or that you collect from our warehouse and/or physical outlets, to ensure you are completely satisfied with the Products, including that the Products are of acceptable quality, and match the description we have provided to you.
Our Liability
All Product(s) are provided "as-is". We offer no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product. We will, under no circumstances, be liable for any loss or damage caused to you or anyone else, including: -
Any condition or warranty which may be implied or incorporated into these Terms of Purchase by reason of statute or common law or otherwise (including warranties as to suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law. Subject to the above and to satisfactory proof, our entire liability to you for a claim in connection with any Order, whether under these Terms of Purchase or otherwise, shall be limited to the Order price. Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud. Where you buy as a consumer, these Terms of Purchase will not affect your rights under law which cannot otherwise be excluded.
Sales Invoices and Credit Notes. You agree and acknowledge that all Sales Invoices and Credit Notes documents in respect of any Order made in-store will be issued to you in hard copies; while any Order made on the Website will be issued to you electronically via the email address that you have provided to us and/or that you used to register for VALENCIA ONLINE Account.
Force Majeure. We will not be responsible for any delay or failure to comply with these Terms of Purchase if the delay or failure arises from any event which is beyond our control or unforeseen circumstances. Such events would include (but are not limited to) natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
Agreement. Unless otherwise provided herein, these Terms of Purchase embody all the terms and conditions agreed upon between us as to the sale and purchase of Product(s) and/or Service(s) described herein, and cancels all previous proposals, agreements, representations and undertakings, if any, between us with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination.
Waiver. If you commit any breach of these Terms of Purchase and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Terms of Purchase.
Invalidity. In the event that one or more of the terms set out in these Terms of Purchase is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.
Privacy. Personal information, such as your contact details, that you provide to us during the Order process will be kept and used by us in accordance with our Privacy Policy. No person who is not a party to these Terms of Purchase shall be entitled to enforce or enjoy the advantages of these Terms of Purchase.
Governing Law and Jurisdiction. These Terms of Purchase shall be governed by and construed in accordance with the laws of Malaysia, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.
External Links to Other Websites. Our Website may contain links to other websites. We are not responsible for the content, information or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If any part of our Website links you to other websites, those websites do not operate under this Policy and we do not accept any responsibility or liability arising from those websites. Likewise, if you subscribe to an application, content or a product from our strategic partner and you subsequently provide your personal information directly to that third-party, that personal information will be subject to that third-party’s privacy and/or personal data protection policy if applicable and not to this Policy. If you decide to leave our Website and access these third-party websites, you do so at your own risk. We recommend you to read and understand the privacy and/or personal data protection statement and/or policy posted on those other websites in order to understand their procedures for acquiring, collecting, processing, using and disclosing your personal information before using those websites or submitting your personal data to those websites.
Cookies. We use Cookies to enhance your interaction and convenience with our Website and do not use Cookies to record any of your personal information. You should acknowledge and understand that certain functions on the Website and/or certain pages will not function as expected if you choose not to use cookies during your visit. Some of the cookies are strictly necessary for the functionality of the Website while others are used to enhance the performance and your user experience, including: -
Insofar as the cookies comprise your personal information, you agree that we may process such information data in accordance with the terms of our Privacy Policy.
Contact Details. If you have any questions about this Terms of Purchase, or have any further queries, or would like to make a feedback or data access or correction request in respect of your personal information, you may please call +6016 211 2795 or email to enquiry@valenciafurniture.com.my .
Date of issuance of these Terms of Purchase: 25 Mar 2022
