PLEASE READ THESE TERMS CAREFULLY. BY VISITING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE LEAVE OUR WEBSITE IMMEDIATELY IF YOU DO NOT AGREE TO THESE TERMS.
A. Welcome to www.vltjewelry.com. This is an internet based platform owned and operated by VLT Atelier (Business registration No. 002596821-A).
B. The following definitions shall apply:
“VLT”, “We”, “Us”, “Our”, and “Ourselves” are references to us, VLT Atelier [Business No. 002596821-A];
“Order” and “Orders” shall refer to any and all orders placed by you via our Website, for the purchase of our Products;
“Party” shall refer to either you or us as the context requires whilst “Parties” shall refer to both you and us collectively;
“Personal Information” refers to your personal information being your full name, age, birth date, identification number, email address, telephone number, mobile phone number, residential address, delivery address, billing address, credit / debit / charge card information (including your card number and CVV / CVD number), payment gateway details, purchase history and location information and any information about you which you have provided to VLT in any correspondence or through the use of VLT or third party websites and social media pages, from cookies, pixel tags, web beacons, IP addresses and navigational data, data provided to VLT through its customer service channels, surveys and/or any information about you that has been or may be directly or indirectly collected, stored, used and processed by VLT from time to time.;
“Product” or “Products” shall mean the goods sold or offered for sale by us, including jewelry and accessories designed by us;
“Service” or “Services” refers to all services and functionalities which we may provide via our Website for the time being as well as all other further and additional services and functionalities that may become available in the future. This shall also include any and all other ancillary, affiliate and related platforms, services and functionalities that we or our affiliates may provide from time to time;
“Third Party Software” refers to any and all other software provided by third parties that are necessary for your use of our Website including but not limited to software applications, digital certificates and/or updates;
“This Agreement” refers to these Terms & Conditions and all of its annexes, schedules and appendices which shall be construed as an integral and binding part of the agreement between the Parties;
“Website” refers to our website that provides our online Product ordering and delivery platform including, but not limited to, a platform for the placing and receiving of orders, collecting and delivery of Product, and collection and payment of monies; and
“You”, “Your”, and “Yours” are references to you, the person using our Website.
C. Your access or use of the Website, transaction on the Website and use of Services (as defined herein above) are governed by the following terms and conditions, including the applicable policies, which are incorporated herein by way of reference. These terms and conditions constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and VLT on the other part.
D. The Website is a platform that provides service to facilitate online purchase of jewelry and accessories manufactured and/or designed by us. It also provides custom and bespoke services.
E. VLT reserves the right to change or modify these terms and conditions or any policy or guideline of the Website including the Data Protection Notice, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the Website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the Website.
1. The download and use by you of the Services and Website does not amount to any sale or transfer of the same to you. You are merely licensed to use the Services and Website in accordance with the terms of this Agreement and any other prevailing and/or supplementary terms and conditions accompanying the Services and Website as well as future replacements and/or updates of the Services and Website.
2. We reserve the sole right at our full discretion to amend, alter, replace, update and/or discontinue the Services and Website, whether in whole or in part thereof, without any notice to you.
3. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the Website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the Website whether in whole or in part or in any combination whatsoever thereof.
4. You acknowledge and agree that the Products, Services and Website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not limited to, pricing information, copyrights, product designs (including moulds), databases, confidential information, layouts, patents, trade marks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
5. Unless otherwise expressly stated in this Agreement, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.
CREATING AN ACCOUNT
6. You are given an option to create an account. In order for you to use certain features of the Website (e.g. receiving our e-newsletters, marketing, advertising and promotional materials), you need to first set up an account with us (hereinafter referred to as the "Account"). You will be required to furnish us with your personal details including, your name, gender, email address, user name, account password, mobile phone number, date of birth, billing and shipping addresses. Kindly refer to our Data Protection Notice for information relating to the use of your personal details.
7. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information at all times.
8. Your VLT Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your VLT Account.
9. We will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. We are also not liable for any loss or damages as a result of your VLT account being tampered or hacked. If you suspect any unauthorised use of your VLT Account, you shall immediately notify us.
10. It is your responsibility to keep your contact details including your mobile phone number, shipping address and email address up-to-date to enable us to communicate with you.
CONSENT TO COLLECTION AND USE OF INFORMATION
11. In order for us to provide the Services to you, we require you to provide us your Personal Information. You hereby give us, our agents, representatives, subsidiaries, affiliates, contractors and/or permitted assigns to collect, retain, analyse, process and/or use your Personal Information strictly for the purposes and the duration necessary for providing the Services to you. In the event where your Personal Information that is supplied to us is inaccurate, outdated or untrue, we have the right to immediately suspend the provision of the Services to you until such Personal Information has been rectified. Kindly refer to our Data Protection Notice for information relating to the use of your personal details.
12. You further agree and consent to receiving notices, announcements, advertisements, promotional materials and all other forms of communications from us pertaining to the Services, whether physical or electronic, via mail, email, phone and Website.
14. You also acknowledge and agree that the downloading, installation, use, updating and/or restoring of the Website by you in accordance with this Agreement may involve the downloading, installation, use, updating and/or restoring of Third Party Software. Should you choose to do so, you hereby acknowledge and agree that we do not make any representations nor warranties as to such Third Party Software and do not evaluate, assess, certify nor endorse any such Third Party Software. You further acknowledge and agree that you shall comply with any and all terms and conditions accompanying the provision of such Third Party Software to you.
PLACEMENT OF ORDERS
15. Any contract for the purchase of our Products and Services via our Website is strictly between you and us. You agree that such contract shall be deemed to be made and executed in Malaysia.
16. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You understand and acknowledge that in the event where your details are inaccurate, incomplete or untrue, we will not be able to perform the Services.
17. Kindly ensure that your Order is accurate before you proceed to submit the Order and make the necessary payment. We have no cancellation, return or refund policy.
18. We do not make any representations with regards to the appropriateness and safety of the Products offered via our Website. Any and all representations made on our Website are of general nature.
19. Any Orders placed by you are subject to the delivery destination, delivery capability, product availability and acceptance by us. You acknowledge and agree that we shall have the absolute right to reject your placement of Orders or cancel any placed Orders at our sole discretion.
20. You acknowledge and agree that the availability of the Products may vary from time to time and we do not make any representations as to the continued availability of any Products.
SIZE AND FIT
21. You acknowledge that for selected Products, we require you to select the exact size you require such Products to be, based on the measurements provided in the product page.
22. You agree and acknowledge that we are not responsible for any loose or tight fit. You shall be solely responsible to select the correct sizes based on the measurements we have provided to you.
23. We accept request for engraving based on the character range and font that is available on our Website. We are not liable for any mistake or error on your part once your engraving message has been submitted to us.
PRICES AND PAYMENT
24. All payment for the Products, delivery charges and applicable taxes must be made at the time of placing your Order via the payment channels provided by us and you agree that such payment shall be deemed to have been made in Malaysia. Unless otherwise in accordance with this Agreement or agreed to by us, all Orders placed cannot be cancelled by you and you shall be responsible to make full payment for such Orders including all delivery charges and applicable taxes.
25. Prices quoted are in Malaysian Ringgit (RM). All prices listed on the Website are the price of listing at that given time. We reserve the right to change and amend these prices at any time. All prices are further subject to all other applicable taxes and delivery charges. In the event that any listed price is not current, we will contact you to inform you about the price difference and you can choose to either confirm or cancel the affected Order.
26. The customs office of the delivery destination country may impose customs fees/duties, import duties, taxes, and other charges to your Order. You will be responsible to pay for any such fees, duties, taxes or any other charges levied or charged by the customs office of such delivery destination country. As customs policies vary widely from case to case for each country, please check with your customs office prior to placing your Order to confirm such fees, duties, taxes or other charges.
SHIPPING AND DELIVERY TIME
27. Shipping fees and the countries we deliver to are stated on our website. We reserve the right to change and amend the shipping fees at any time. If your order qualifies for free shipping, it is calculated based on the nett total of your order (total after discounts and promotional offers). It is your responsibility to make payment of any import duties, customs and local sales taxes levied by the country you are shipping to. If we have agreed to ship to your country that is not part of our shipping list, these same terms and conditions will apply.
28. You shall ensure that the correct and accurate delivery address is given at the time of placing any Orders and that there will be someone at the address who will accept delivery of the Products ordered. We do not deliver to P.O. Box.
29. You agree that we will not be responsible nor bear any cost for any late delivery or non-delivery if the address given by you is incorrect, inaccurate, incomplete or if there are no person who was able to accept delivery of the Products at the address given. Please take note that you are liable for any subsequent costs incurred for parcels returned to us due to delivery failure or insufficient/incorrect delivery information. Shipping fee will be imposed on you for all parcels that require re-delivery.
30. Delivery Time estimated at the time of ordering is approximate only and may vary. Shipping of the Order will be made to the address designated by you at the time of ordering. We do not make any representations as to the timeliness of deliveries and in the event of a late delivery, the shipping charges will neither be voided nor refunded by us.
31. You agree and acknowledge that we are not liable for parcels that are lost in transit or scanned as delivered.
32. You agree and consent that we may sub-contract, delegate and/or outsource our delivery services to any third party of our choosing. In such an event, you further agree and consent to us sharing your Personal Information with such third party, provided that such Personal Information is necessary in order for such third party to perform the deliveries to you. You also agree and acknowledge that such third parties are independent contractors responsible for their own conduct and are not our agents, employees nor representatives.
LOYALTY PROGRAMMES AND INCENTIVES
33. You understand that from time to time we may implement certain loyalty programmes and/or incentives to you pertaining to the provision of the Products and Services. You agree that you shall comply with any and all terms and conditions accompanying such loyalty programmes and/or incentives that are notified to you from time to time. You further acknowledge and accept that the provision of any such loyalty programmes and/or incentives do not amount to any binding obligation nor legitimate expectation in your favour and can be varied, revoked, terminated and/or suspended at any time by us at our sole discretion.
PRODUCT CARE & REPAIR
34. Our Products are delicate in nature, extra care is required to maintain each jewelry piece in its prime condition.
35. Each jewelry piece is hand crafted and the materials (such as the stones and metal used) may have particular irregularities, including but not limited to, size and color differences, natural inclusions and impurities. These characteristics are natural and part of the product. Elements, including but not limited to, physical impact, sea water, storage conditions, frequent exposure to water, skin acidity, chemicals such as soaps, perfumes, lotions and chlorine water could damage or cause changes to our Products. We shall not be liable for damages arising out of such exposure and improper care by you.
36. If the Products are in need of repair, you may email us the original sales invoice and describe the nature of the repair. We may require the Products to be delivered to us for our assessment. You acknowledge that we have the sole discretion in accepting an order for repair. If the order for repair is accepted by us, we will provide you with a quotation for the repair cost and the estimated repair duration. Repair work will only be commenced once we receive the payment of the repair cost in full from you. For avoidance of doubt, the cost of delivering the Products to us for repair and delivering the repaired Products to you shall be borne solely by you.
DISCLAIMERS AND LIMITATIONS
37. You acknowledge that the Products’ descriptions and photographs that are available on our Website are meant to be a general description of the Products. You also acknowledge that we base such descriptions on a subjective assessment of the Products. You also acknowledge that the color as seen on the photographs may differ from the color of the actual Products. All stones (precious, semi-precious, and Swarovski Zirconia) specifications may differ as seen on the photographs compared to actual product. We do not make any representations nor warranties whatsoever regarding the accuracy of the Products’ descriptions and photographs that are available on our Website. The purchase of the Products by you is solely and fully at your own risk. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the Products.
38. You acknowledge that before the Products are shipped to you, we have taken all steps to ensure that the Products are free from scratches or damages. We shall not be liable to any damages or scratches to the Products during shipping.
39. We are not liable for natural changes in color of the Products or damage to the Products as a result of improper care by you.
40. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the Services, Website nor any Third Party Software to be used in conjunction with our Website. All such use by you is solely and fully at your own risk.
41. The Services, Website and/or Third Party Software is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the Services, Website and/or Third Party Software.
42. You acknowledge and accept that we do not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of the Services, Website and/or Third Party Software as well as to any error-free use of the Services, Website and/or Third Party Software.
43. You acknowledge and accept that we do not make any representations as to the digital security of our Website and/or Third Party Software including but not limited to the transmission of any viruses, bugs and/or trojans that may result from your downloading, installation, use, updating and/or restoring of our Website and/or Third Party Software.
44. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third party rights with regards to the Products, Services, Website and/or Third Party Software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third party rights and any infringement or non-compliance of any such third party rights by you via your purchase of the Products and use of the Services, Website and/or Third Party Software shall be at your sole risk and responsibility.
45. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the Services, Website and/or Third Party Software as well as all other forms of non-performance, use or inability to use the Services, Website and/or Third Party Software whatsoever and howsoever arising.
WAIVERS AND INDEMNITIES
46. In the event that your downloading, installation, use, updating and/or restoring of the Services, Website and/or Third Party Software infringes any third party rights, you hereby agree to waive all claims against us pursuant to any such infringement. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs that may arise out of such infringement to the extent that it is attributable to your own conduct.
47. This Agreement may be terminated by either Party at any time provided such termination is carried out using the notification methods and channels provided by us to you via our Website.
48. Upon the termination of this Agreement, all other rights, indemnities and/or waivers accrued immediately prior to such termination, whether pursuant to this Agreement or pursuant to all other applicable laws, shall continue to be enforceable and take effect until its full discharge.
49. Upon the termination of this Agreement, you shall immediately remove any and all copies of our Website and/or Third Party Software, whether in whole or in part, that is in your possession and you shall immediately cease using the same.
50. The Parties agree however that Clauses 3 to 5 above shall continue to be binding and enforceable between the Parties notwithstanding the termination of this Agreement.
51. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to this Agreement or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
52. All prices are in Malaysian Ringgit (RM). Applicable taxes will be included where it is indicated.
53. There shall be no return, exchange or refund policy. We shall have the sole discretion to assist you with any complaint that you may have with regards to the Products.
54. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and shall supersede any past representations, negotiations and/or previous agreements. You further agree that you shall comply with any and all other terms and policies notified by us to you from time to time via our Website. Where any terms or policies notified to you via future terms and conditions, end-user agreements or via our Website contradict the terms of this Agreement, then you agree that the latest terms at the time being shall prevail.
55. Where any term or terms in this Agreement is found to be invalid or illegal at any time, the Parties agree that such invalid or illegal term(s) shall be severed from this Agreement as if it was never a part of this Agreement and the remainder of all other terms of this Agreement shall continue to be in force and binding between the Parties.
56. You shall not assign or transfer your rights or obligations under this Agreement without the prior written consent from us.
57. This Agreement shall be deemed to be made and executed in Malaysia. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The Parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.