Terms & Conditions
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Terms & Conditions
1. WHO WE ARE
MESTRAE SDN BHD (“Mestrae”) is a shoe design, engineering, manufacturing and retail company
2. DEFINITIONS / INTERPRETATIONS
All definitions / abbreviations in the Terms and Conditions herein shall have the following assigned meaning:
a. "Account" means the Mestrae Account to register for on the Site if you would like to submit an Order on the Site;
b. "Business Day" means any day on which banks in Malaysia open for business;
c. "Customer" means any individual who places an Order on the Site;
d. "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 10 below;
e. "Order" means the Order submitted by you to the Site to purchase a Product from us;
f. “Order Confirmation" means the process in which the Customer will browse the Site, select the product that she is interested and available, fill in the necessary option, add the product to cart, proceed to check out and make payments via online banking, pay pal, credit card or direct banking in. Once the payment is processed, an order confirmation will be sent to the customer’s email and delivery process will kick start. The customer will receive 2 confirmation, one on payment receipt by I PAY88 and one on payment acknowledgement and order confirmation by Mestrae;
g. “Product” means the shoes that are displayed for purchase on the Site;
h. “Site” means Mestrae’s website currently at www.mestrae.com;
i. "You" means the Customer who places an Order;
j. The headings in this Agreement are for convenience only and shall not affect their interpretation.
k. Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
l. Words importing the masculine gender shall be deemed to include the feminine and neuter genders and words importing the singular number shall include the plural and vice versa.
3.1 You must be at least eighteen (18) years of age to place an Order. In the event you are under eighteen (18) years of age, you may place an Order but with the consent of your parent or guardian.
3.2 By placing an Order, you warrant that you are at least eighteen (18) years of age or you have obtained the consent of your parent or guardian as the case may be.
You shall not in any way whatsoever or howsoever misuse or abuse the Site. Such acts or omissions shall include but is not limited to utilising the Site for criminal purposes, installing or transmitting viruses and infringing the rights of other Customers or users of the Site.
5. ENTIRE AGREEMENT
5.1 The Return Policy shall form part of the Terms and Conditions herein.
5.2 In the event there is an inconsistency between the Terms and Conditions herein and the terms of the Return Policy, the former shall prevail.
5.3 The Terms and Conditions herein shall be applicable to all Orders and Contracts and constitute the entire agreement between you and Mestrae.
5.4 By placing Orders and entering into Contracts with Mestrae, you acknowledge and warrant that you have not relied on any representation, undertaking or promise by Mestrae.
You shall register with Mestrae by creating an Account on the Site. You shall submit accurate and true information. The onus is upon you to keep your information updated by informing Mestrae of any changes as prescribed in the Site.
7. PRICING OF PRODUCTS
Products shown on the Site are not inclusive of GST and are in Malaysian Ringgit. Where applicable, delivery costs shall be charged. The total amount payable shall be listed in the ‘Final Total’ column on the Site.
8. ERROR IN PRICING OF PRODUCTS
8.1 Mestrae shall take all reasonable efforts to ensure that the prices of Products on the Site are accurate. However, in the event an error arises in respect of the price of the Product ordered by you, Mestrae shall inform you, utilising the contact details provided by you, of this as soon as possible wherein you shall have the option of either reconfirming your Order at the correct price or cancelling it.
8.2 Mestrae is not under any obligation to fulfil your Order in the event the price listed on the Site is incorrect.
8.3 If we are unable to contact you, utilising the contact details provided by you, Mestrae shall treat the Order as cancelled.
8.4 In the event of cancellation, you will receive a full refund if Mestrae has not shipped the Product(s) to you.
9.1 Upon receiving your Order(s), you will be asked by your to complete requisite fields for payment of the Product(s).
9.2 Thereafter, we will request for a pre-authorisation on your credit / debit card to ensure sufficient funds are available.
9.3 Your card will be debited upon Mestrae issuing the Order Confirmation to you.
9.4 Mestrae shall not be held liable for any delay or non-delivery of Product(s) as a result of any misinformation provided by you or any issue or dispute that you have with the financial institution that issued the credit / debit card to you which is used for the purchase of the Product(s).
9.5 In the event you have a promotional code, you are to key in the said promotional code where required before payment in order for you to be entitled to benefit from the said promotional code.
10.1 All information contained herein as well as in the Site shall constitute a mere invitation to treat.
10.2 To submit an Order, you will be required to follow the online shopping process on the Site.
10.3 Thereafter, you will then receive an Order Confirmation which serves only as an acknowledgement of your Order.
10.4 A Contract between you and Mestrae is formed only upon the delivery of the Product(s) to you at the address stipulated by you wherein the Contract shall only be in relation to the said Product(s).
11. CANCELLATION / MISTAKE ON ORDER
11.1 In the event a mistake is made by you in making an Order or you intend to cancel an Order, you are to contact Mestrae immediately at firstname.lastname@example.org.
11.2 Mestrae will take all reasonable steps to rectify the mistake. However, in the event Mestrae is unable to do so, Mestrae shall not be held responsible or accountable.
11.3 If the Product(s) have not been placed in the system to be delivered, the said Order shall be cancelled and there shall be no cancellation fees.
11.4 If the Product(s) have been placed in the system to be delivered, the said Order cannot be cancelled. However, the Product(s) may be returned in accordance with the terms of the Return Policy and subject to clause 14 herein.
12. SOLE DISCRETION
Mestrae has the right and at its sole discretion to do the following and without assigning any reasons:-
(a) Withdraw any Products from the Site at any time and/or remove or edit any materials or content on this Site; and
(b) Refuse to process any Order(s) at any time. However, in such an event, any payment made by you for the Order(s) shall be refunded to you.
13.1 Once you receive the Order Confirmation from Mestrae, delivery of the Product(s) to the location stipulated by you shall take place within 14 days of the Order Confirmation.
13.2 Delivery of the Product(s) shall be in Mestrae’s standard packing.
13.3 Delivery of the Product(s) shall be undertaken by GDEX for delivery within Malaysia and DHL for delivery outside of Malaysia (“the Delivery Party").
13.4 Mestrae shall not be liable or responsible arising from any delay or non-delivery of the Product(s) ordered arising from any failure, neglect and/or refusal whatsoever and howsoever by the Delivery Party.
13.5 If the delay or non-delivery of the Product(s) ordered is due to your failure, neglect and/or refusal to accept the Product(s) ordered, Mestrae shall not be held liable or responsible for such purported delay or non-delivery. Mestrae reserves all rights to pursue or impose charges arising from such actions on your part and in any event shall retain all payments made by you.
13.6 In the event the details of the location for delivery as provided by you is not clear or incomplete, Mestrae shall contact you at the contact details provided by you either to arrange for the cancellation of your Order(s) or for an alternative delivery address.
14. RETURN POLICY
14.1 The terms of the Return Policy shall be applicable in addition to the terms herein appearing in clause 14.
14.2 The Return Policy shall be amended at any time at the sole discretion of Mestrae without notice to you and the version applicable shall be the terms of the Return Policy upon which the Contract is formed.
14.3 For the avoidance of doubt, you shall ensure that the Product(s) received is returned to Mestrae in the same condition as it was delivered to you.
14.4 Mestrae shall not be liable for damage to Product(s) received by you arising from the acts or omissions of the Delivery Party and/or your acts or omissions upon receiving the Product(s).
14.5 Mestrae reserves the right to not accept the Product(s) returned to us in the event of non-compliance with clauses 14.2 and 14.3 above.
15. DISATISFACTORY PRODUCTS
15.1 Images of the Products on the Site may differ slightly from the actual Products received by you.
15.2 The description of the Products on the Site are on a ‘as is where is’ basis. There are no express or implied warranties attached thereto.
15.3 In the event you are dissatisfied with the Product(s) received, kindly contact email@example.com.
15.4 The return policy of Product(s) is contained in Mestrae’s Return Policy and clause 14 above.
16.1 Mestrae does not warrant or guarantee on the accuracy of the contents in the Site.
16.2 Unless expressly stated to the contrary and to the fullest extent permitted by law, Mestrae shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute or at common law.
You hereby agree and undertake to indemnify, defend and hold harmless Mestrae which includes but is not limited to its directors, officers, employees, agents, servants, and entities or individuals related and/or linked to Mestrae from any or all claims, liability, damages and/or costs from all third parties which is attributed whether directly or indirectly as a result of your usage of the Site and/or your breach of the terms and conditions herein.
18. COMPLAINT PROCEDURE
18.1 All complaints are to be sent to firstname.lastname@example.org (“the Complaint”).
18.2 In the Complaint, you shall state:-
(a) Full name;
(b) Contact number;
(c) E-mail address;
(d) Order number;
(e) Delivery tracking number;
(f) Delivery Party;
(g) Description of problem(s) of the Product(s);
(h) Indicate your expected recourse which includes but is not limited to the following:-
i. Return of Product(s) and refund;
ii. Return of Product(s) and exchange for another Product(s);
iii. Repair of Product(s) if it is still under a valid warranty; and
iv. Delivery of missing component / accessories which were not supposed to be delivered together with the Product(s) ordered.
18.3 Mestrae shall respond to the Complaint by issuing an e-mail to the e-mail address stated in the Complaint, to which ou are In the event, Mestrae does not receive
19. PERSONAL DATA PRIVACY
19.2 All processing and usage of your personal data shall be within the ambits of the Personal Data Protection Act 2010.
20. FORCE MAJEURE
Mestrae shall be excused from performing its obligations herein if non-performance is due to Force Majeure i.e. cause by fire, explosion, acts of God, strikes, curfews, acts of war, terrorism or restricted operations imposed by any laws, regulations or guidelines by the relevant authorities or by other causes which is beyond reasonable control of Mestrae.
All notices issued either by you or Mestrae shall be in writing and addressed to that other party which shall be deemed given upon three (3) days immediately following the date of posting or immediately if sent by facsimile to the other party, at Mestrae’s address at 28-01, Level 28, Integra Tower, The Intermark, 348 Jalan Tun Razak, 50480 Kuala Lumpur.
22. INTELLECTUAL PROPERTY
22.1 All content included in or made available through the Site, is the property of Mestrae or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Mestrae and its licensors. Save and except for your own personal use, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on Site nor may you use any such content in connection with any business or commercial enterprise.
22.2 Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of Mestrae in Malaysia and other countries. Mestrae's trademarks may not be used in connection with any product or service that is not provided by Mestrae, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mestrae. All other trademarks not owned by Mestrae that appear on the Site are the property of their respective owners.
22.3 Mestrae’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
22.4 You shall not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event Mestrae becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
22.5 If you print, copy or download any part of the Site in breach of these Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Mestrae or its licensors.
23. LINKS TO THE SITE
23.1 You may link to the Site provided you do so in a way that is legal and is not likely to damage Mestrae’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.2 Mestrae reserves the right to withdraw linking permission without giving any notice to you. .
No failure or delay by Mestrae in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any term or provision of the Terms and Conditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment, legislation rule of law, or court order, such term of provision or part shall to the extent that it has been held to be illegal or unenforceable, be severed and deemed not to form part of the Terms and Conditions but the validity and enforceability of the remainder of the Terms and Conditions herein shall remain unaffected and unopened.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or the Contract.
Nothing in these Terms and Conditions or the Contract shall create or shall cause to create a partnership, an agency or a relationship of employer and employee between you and Mestrae.
28. GOVERNING LAW
The Terms and Conditions herein and the Contract shall be governed by and construed, solely and exclusively, in accordance with the laws of Malaysia. All disputes with respect to the Terms and Conditions herein and the Contract shall be resolved in the courts of Malaysia.
Mestrae reserves the right to amend the Terms and Conditions herein at any time without notice to you. Any variation and/or amendment to the Terms and Conditions herein shall be placed online. Continued use of the Site shall constitute acceptance of the varied and/or amended Terms and Conditions.