TERMS & CONDITIONS FOR CUSTOM AND BESPOKE SERVICES
PLEASE READ THESE TERMS CAREFULLY. THESE CUSTOM AND BESPOKE SERVICES TERMS & CONDITIONS SHALL SUPPLEMENT THE GENERAL TERMS & CONDITIONS ON OUR WEBSITE. WHERE THERE IS ANY DISCREPANCY BETWEEN THE TERMS & CONDITIONS HEREIN AND THE GENERAL TERMS & CONDITIONS, THE TERMS & CONDITIONS HEREIN SHALL PREVAIL. BY ENGAGING IN OUR CUSTOM AND BESPOKE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE ADDITIONAL TERMS & CONDITIONS FOR OUR CUSTOM AND BESPOKE SERVICES.
A. The following definitions shall apply:
• “VLT”, “We”, “Us”, “Our”, and “Ourselves” are references to us, VLT Atelier [Business No. 002596821-A];
• “Custom Services” shall refer to our services to personalise an existing design. It would include the services to substitute the stones, metal, or metal color from our existing range of products or your own personal jewelry to suit your preference. The end product shall be referred to as the “Custom-Made Products”.
• “Bespoke Services” shall refer to our services to design and manufacture jewelry for you. The end product shall be referred to as the “Bespoke 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;
• “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; and
• “You”, “Your”, and “Yours” are references to you, the person engaging us for our services.
B. Our appointment by you for Custom and Bespoke Services 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”) on one part and VLT on the other part.
C. VLT reserves the right to change or modify any policy or guideline 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 our website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued engagement of our services will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the applicable policies and guidelines on our website www.vltjewelry.com.
CONSENT TO COLLECTION AND USE OF INFORMATION
1. In order for us to provide the Custom and Bespoke 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 Custom and Bespoke 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 Custom and Bespoke 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.
2. You further agree and consent to receiving notices, announcements, advertisements, promotional materials and all other forms of communications from us pertaining to the Custom and Bespoke Services, whether physical or electronic, via mail, email, phone and website.
3. Our engagement for the Custom and Bespoke Services is strictly between you and us. You agree that such contract shall be deemed to be made and executed in Malaysia.
4. 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 Custom and Bespoke Services.
5. You acknowledge and agree that any Intellectual Property rights arising out of such Custom-Made and Bespoke Products shall belong to us; as they contain proprietary and confidential information, material, content and intellectual property belonging to us including, but not limited to, pricing information, layouts, all marks, logos, devices, brands, trademarks and/or any goodwill and reputation arising therefrom, copyrights and designs (including, but not limited to, any design working files, design documents, computer generated documents, written instructions, drawings, sketches, material samples, product samples, mother piece, master piece, rubbermoulds, model, moulds, amended moulds and/or photographs, final products), product specifications, patents and all other forms of proprietary material (hereinafter collectively the “Intellectual Property”).
6. Our engagement by you is subject to, but not limited to, the delivery destination, delivery capability, designing capability, raw materials availability and acceptance by us. You acknowledge and agree that we shall have the absolute right to reject your request for our engagement or terminate our engagement at our sole discretion.
7. You may be required (under our sole discretion) to make an initial non-refundable payment of RM 300 for engaging in our Custom and Bespoke services, which will be set off against the final invoice of the Custom-Made and Bespoke Products. Once the initial non-refundable payment of RM 300 is received (if applicable) by us, we will continue the Custom and Bespoke Service process.
8. The production of a Computer Aided Design (CAD) for the Bespoke Products will be determined by us. Only minor tweaks to the CAD are allowed. In the event you require revisions to the CAD design which we deem substantial, an additional fee will be charged to make such substantial revisions.
9. We shall only proceed to commence the production of the Custom-Made and Bespoke Products upon receiving 50% deposit payment of the total price stated in the quotation/ deposit invoice.
10. Should you wish to provide your personal stone to be used by us for our Custom-Made and Bespoke Services, we will inspect your stone prior to our acceptance of it and we reserve the right to decline any stones which we deem is unsuitable. Should we choose to accept and use your personal stone, you acknowledge that we shall not be responsible for any damage, including but not limited to, chips and cracks to your stone.
SIZE AND FIT
11. You agree and acknowledge that we are not responsible for any loose or tight fit, or any ill-fitting of such Bespoke or Custom-Made Products.
12. You shall be solely responsible to provide us with the exact size (US sizing for rings) you require such Bespoke or Custom-Made Products to be. In the event you furnished us with an inaccurate size for the Bespoke or Custom-Made Products and require for such Bespoke or Custom-Made Products to be resized, the cost of such resizing shall be fully borne by you, including the costs of delivery to us and redelivery to you.
13. 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
14. Prices quoted are in Malaysian Ringgit (RM). All payment for our Custom and Bespoke Services, and Custom-Made and Bespoke Products, delivery charges and applicable taxes must be made 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, our engagement cannot be cancelled by you and you shall be responsible to make full payment for our Custom and Bespoke Services, Custom-Made and Bespoke Products, delivery charges and applicable taxes.
15. Upon receiving our quotation/ deposit invoice of the Custom-Made and Bespoke Products, you will be required to make a non-refundable deposit payment in the sum equivalent to 50% of the total price stated in our quotation/ deposit invoice. You acknowledge that the quotation/ deposit invoice is subject to change in the event there are any circumstances that may cause the costs of the Custom-Made and Bespoke Products to differ between the time we issued the quotation/ deposit invoice and the time we issue our final invoice (the final price is based on the completed jewelry piece).
16. Once the Custom-Made and Bespoke Products are completed, we will furnish you with our final invoice and you will be required to make payment in full after deducting the initial payment of RM 300 (if applicable) and the 50% deposit payment.
17. Only upon receipt of the remainder payment as described in Clause 16 above, will we proceed to hand over the Custom-Made and Bespoke Products to you.
18. The customs office of the delivery destination country may impose customs fees/duties, import duties, taxes, and other charges to your Custom-Made and Bespoke Products. 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 engaging us to confirm such fees, duties, taxes or other charges.
SHIPPING AND DELIVERY TIME
19. The countries we deliver to are stated on our website. You will be informed of the final calculated shipping fee prior to your order being shipped out- the shipping fee (and insurance if applicable) is to be determined by us. 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.
20. You shall ensure that the correct and accurate delivery address is given at the time of our engagement and that there will be someone at the address who will accept delivery of the Custom-Made and Bespoke Products. We do not deliver to P.O. Box.
21. 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 Custom-Made and Bespoke 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.
22. Delivery Time estimated at the time of our engagement is approximate only and may vary. Shipping of the Custom-Made and Bespoke Products will be made to the address designated by you at the time of our engagement. 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.
23. You agree and acknowledge that we are not liable for parcels that are lost in transit or scanned as delivered.
24. 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.
PRODUCT CARE & REPAIR
25. Our Custom-Made and Bespoke Products are delicate in nature, extra care is required to maintain each jewelry piece in its prime condition.
26. 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 the Custom-Made and Bespoke Products (including stones that have been provided by you). We shall not be liable for damages arising out of such exposure and improper care by you (including stones that have been provided by you).
27. If the Products are in need of repair, you may email us the original invoice and describe the nature of the repair. We may require the Custom-Made and Bespoke 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 Custom-Made and Bespoke Products to us for repair and delivering the repaired Custom-Made and Bespoke Products to you shall be borne solely by you.
DISCLAIMERS AND LIMITATIONS
28. You acknowledge that the raw materials descriptions and photographs that are furnished to you are meant to be a general description of the raw materials. You also acknowledge that we base such descriptions on a subjective assessment of the raw materials. You also acknowledge that the color as seen on the photographs may differ from the color of the actual product. 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 raw materials descriptions and photographs that are furnished to you. 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 Custom-Made and Bespoke Products.
29. You acknowledge that before the Custom-Made and Bespoke Products are shipped to you, we have taken all steps to ensure that the Custom-Made and Bespoke Products are free from scratches or damages. We shall not be liable to any damages or scratches to the Custom-Made and Bespoke Products during shipping.
30. We are not liable for natural changes in color of the Custom-Made and Bespoke Products or damage to the Custom-Made and Bespoke Products as a result of improper care by you.
31. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the Custom and Bespoke Services. Our engagement by you is solely and fully at your own risk.
32. The Custom and Bespoke Services 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.
33. 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 Custom and Bespoke Services.
34. 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 Custom and Bespoke Services and the Custom-Made and Bespoke Products. 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.
35. 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, your personal data, and/or your personal property due to your engagement of our Custom and Bespoke Services whatsoever and howsoever arising.
36. 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.
37. 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.
38. The Parties agree however that Clause 5 above shall continue to be binding and enforceable between the Parties notwithstanding the termination of this Agreement.
39. 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.
40. All prices are in Malaysian Ringgit (RM). Applicable taxes will be included where it is indicated.
41. 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 Custom and Bespoke Services and the Custom-Made and Bespoke Products.
42. 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, whether oral or in writing and whether explicit or implicit, with respect to the subject matter hereof. 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 our website contradict the terms of this Agreement, then you agree that the latest terms at the time being shall prevail.
43. 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.
44. You shall not assign or transfer your rights or obligations under this Agreement without the prior written consent from us.
45. 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.