1. General
1.1 When you purchase any product (the “Product(s)”) and/or delivery, and/or any other services (the “Service(s)”) from Crystal Clear Jewelry (“us”, “we”, “our”) on www.crystalclearjewelry.com.my (the “Website”), you conclude a legally binding agreement with us based on these Terms of Purchase. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an “Order”.
1.2 You should read these Terms of Purchase together with the Terms and Conditions, the Privacy Policy, and the Cookie Policy. The Terms and Conditions and the Privacy Policy shall be incorporated into these Terms of Purchase by reference. In respect of Sabah and Sarawak, for avoidance of doubt, and except as set out in these Terms of Purchase, the Consumer Rights Act 2015 (as may be amended from time to time) shall be excluded to the fullest extent permitted by law.
1.3 In the event of any inconsistency between these Terms of Purchase, Terms and Conditions, and the Privacy Policy, these Terms of Purchase shall prevail.
1.4 You agree that we may modify these Terms of Purchase without liability and without prior notice to you. The modified Terms of Purchase will be posted on the Website, and will come into effect from the date of such posting. You are advised to check for updates to these Terms of Purchase regularly, prior to purchasing any Product(s) and/or Service(s) on the Website.
1.5 You understand that you must, at your own cost, provide telecommunication services, computers and 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).
1.6 We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
1.7 All decisions and determinations made by us under these Terms of Purchase are final.
2. Product(s) – Description, Quality and Prices
2.1 We may temporarily or permanently remove any Product(s) and/or Service(s) from the Website at any time, with or without notice to you.
2.2 All Products sold through the Website are intended for domestic use only; the Products are not suitable for commercial or industrial use unless expressly stated.
2.3 We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
2.4 When browsing the Website, the colors of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
2.5 Media (including pictures, images and video) on the Website are for illustration and promotional purposes only, you may receive Products that do not meet your expectations including but not limited to quality, result, color and size. For an accurate description of any Product, please read the Product description.
2.6 Our products like crystal, quartz and gemstones have distinctive natural qualities and product characteristics such as color, pattern, clarity, hardness, dimensions and weights.
2.7 You agree that the deviation of the products is unavoidable due to the natural characteristics and manufacturing process (factory, machines, and manual labor), and the actual product you received may have differences from the Product descriptions and images on the Website, such as a 8mm crystal will not be exactly 8mm.
2.8 All Product prices shown on the Website are quoted in Malaysian Ringgit and are inclusive of applicable taxes.
2.9 We do not guarantee that:
(a) the Product or Service prices on the Website will be the same as our Instagram Page (and vice versa);
(b) any promotion that is offered on the Website will be available on our Instagram Page (and vice versa); and
(c) any Product or Service that is offered for sale on the Website will also be offered for sale on our Instagram Page (and vice versa).
2.10 We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.
3. Placement and Payment of Orders
3.1 When you place an Order, you represent and warrant to us that:
(a) you are above 18 years of age;
(b) if you are not above 18 years of age, you have obtained the consent of your parent or guardian to place the Order;
(c) you are duly authorized to use the customer account under which you have placed the Order
3.2 You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
3.3 Your Order counts as an offer to purchase the Product(s) and/or Service(s) from us, at the total prices set out at Checkout page.
3.4 After placing your Order, you will need to proceed with payment. Once the payment is completed, you will receive a confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total amount paid of the Order.
3.5 The sale of Products is subject to availability. If any Product that you have ordered is not in stock, we will contact you.
3.6 Your Order is only accepted by us when the Order status is Completed.
4. Shipping and delivery of Orders
4.1 All delivery services are provided by a third party service provider.
4.2 You acknowledge that such delivery services are provided to you directly by them, we do not guarantee that you receive Order on time and without any defect, loss, damage.
4.3 We are using Pos Laju to ship your Order, and may be changed from time to time depending on various factors such as the efficiency of the service provider.
4.4 “Shipping” means the date the Order will leave our warehouse, and “delivery” means the date the Order will make it to your doorstep/pick up area.
4.5 The shipping fees are based on the delivery of one Order to a single address, please check our shipping fee on our Website as we may amend the shipping fee from time to time. Promotional delivery fees may apply at our discretion and may be withdrawn at any time before the Order is confirmed.
4.6 We will try our best to meet the shipping date as stated on the Website, however there may be times where we are unable to do so, and when this happens, we will contact you to re-arrange the shipping date.
4.7 You shall inform us of any delivery restrictions or difficulty in accessing your property when you place an Order, and ensure that the relevant permissions are obtained from the building/residential management prior to the scheduled shipping date. If we are unable to deliver due to any difficulty in accessing your property, a re-attendance fee may apply for the next delivery attempt. We are not obliged to complete the delivery of your Order prior to receiving payment of the re-attendance fee (if applicable).
4.8 Our service providers are not obliged to wait for you to grant our service providers access to the property as they will have to fulfill other deliveries scheduled for the day. If they leave, any attempt at re-delivery may be subject to a re-attendance fee.
4.9 On delivery, it is your responsibility to examine the Product(s), check the condition of the packaging and ensure that the correct number of packages has been delivered and you will be asked to provide required information such as your name to confirm this. If you refuse to provide the required information to the service provider, this will be taken as refusal to accept delivery.
4.10 Please make plans to be available to accept your delivery. If you are not available, 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 the person has been authorized by you to receive delivery of the Order. In the event of an unsuccessful delivery, you may call Pos Laju to re-delivery your Order or self pick-up at the Pos Laju store stated at the parcel tracking website within a week (free re-delivery, Pos Laju may charge for a re-attendance fee in the future), please contact Pos Laju if you are not sure which Pos Laju store to pick-up: +603-22672267 (please check from Pos Laju official website for an up-to-date contact number as they may change from time to time: https://www.pos.com.my/). If the Order did not pick-up within a week, it will be sent back to us and a re-attendance fee shall apply for the next delivery attempt. We are not obliged to complete delivery of your Order or provide any additional services that you have requested prior to receiving payment of additional fees (if applicable).
4.11 In the event of any unforeseen circumstances (such as vehicle breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery date.
4.12 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 service providers are 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) at the stipulated address, they will let you know and if you still decide to proceed with the delivery, we will not be liable for any damage caused to the Product(s).
5. Return, Refund and Repair
5.1 Any changes, cancellation, exchanges or refunds are not allowed after payment is confirmed. If you received your item broken, please contact us within 7 days upon receiving your Order by stating your order number along with photo proof for further assistance. If it exceeds 7 days, you need to pay for repairing and shipping fees.
5.2 Please contact us if you need to repair your bracelet, necklace, ring or anklet. A repairing fee and two-way shipping fee shall apply.
6. Our Liability
6.1 All Product(s) are provided “as-is”. We give no guarantee, representation or warranty, whether expressed or implied, in respect of the quality, fitness or result for a particular purpose of any Product.
6.2 We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorized by us;
(b) use of the Product in a manner that has not been authorized by us, or in a manner that not in accordance with how the Product will be used by a reasonable person;
(c) disregard of any instructions or guidelines that we have prescribed; and/or
(d) failure to comply with these Terms of Purchase.
6.3 We will not be liable to you under contract, tort, statute or otherwise for any: (i) indirect, consequential, collateral, special or incidental loss or damage; (ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or (iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Terms of Purchase or otherwise.
6.4 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 merchantability, suitability, satisfactory quality, result and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law.
6.5 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.
6.6 Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.
6.7 Where you buy as a consumer, these Terms of Purchase will not affect your rights under law which cannot otherwise be excluded.
7. Electronic Invoices
7.1 You agree that all invoices in respect of any Order made on the Website will be issued to you electronically via the e-mail address you have provided to us. No hard copy invoices will be issued to you. In the event that you have any queries or concerns relating to your receipt of electronic invoices, please contact us through the contact information provided in Section 16 below.
8. Force Majeure
8.1 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 reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
9. Quantity Limit
9.1 To ensure our Products are available to more customers, we reserve the right to limit quantities available for purchase. Quantity limits may be applied per order, per person, or to orders that use the same credit card, debit card or E-wallet account; billing and/or delivery address; or share any other account or order attribute. We reserve the right to cancel orders if you attempt to circumvent quantity limitations (e.g. by using multiple email addresses or accounts to order more than a stated limit or by placing multiple, excessive orders of the same product, etc).
10. Entire Agreement
10.1 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.
11. Waiver
11.1 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.
12. Invalidity
12.1 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.
13. Privacy
13.1 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.
14. Third-Party Rights
14.1 No person who is not a party to these Terms of Purchase shall be entitled to enforce or enjoy the benefit of these Terms of Purchase.
15. Governing Law and Jurisdiction
15.1 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.
16. Contact Details
16.1 If you have any questions about these Terms of Purchase, you may contact us by emailing to this email : hello@crystalclearjewelry.com.my. Please state a clear email subject and details about how we can assist you. Alternatively, you may message us on our Instagram Page for a quick response: www.instagram.com/crystal.clear_jewelry.