Terms & Conditions
In these Terms & Conditions
“We” and “us” means ART4 (ARTPHOR INITIATIVES STUDIO (002415634-V).
“You” means the person using the Site or placing an order (as applicable).
“Binding Contract” – by completing and submitting an electronic order form. In doing so, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us will confirm this binding contract.
By using the Site to buy products online, you confirm that you are at least 18 years old.
Changes to Terms & Conditions for buying products online
We reserve the right to change these Terms & Conditions from time to time. If this happens, we will post the new Terms & Conditions on the Site. Please check the Terms & Conditions regularly for updates as we are unable to notify you individually of any changes.
These Terms & Conditions are governed by the laws of Malaysia. In the event a dispute cannot be resolved amicably and needs to be brought to court, both Parties agree to use the Malaysian courts.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS & CONDITIONS, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If any part of these Terms & Conditions is found to be invalid by law, the rest will remain valid and enforceable.
- We grant you a non-transferable and revocable license to use the Site, under the Terms & Conditions described, for the purpose of shopping for personal products sold on the Site. Commercial use or use on behalf of any third party is prohibited, without obtaining prior consent. Any breach of these Terms & Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
- Content provided on this site is for informational purposes only. Product representations expressed on this Site are those of ART4 or its business partners.
- You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
- We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
TRADEMARKS AND COPYRIGHTS
- All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the Site design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights are reserved.
- In addition to any other legal or equitable remedies, we may immediately terminate the Terms & Conditions or revoke any or all of your rights granted under the Terms & Conditions.
- Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
- You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices, in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
ARTPHOR INITIATIVES STUDIO (“ART4”) – PERSONAL DATA PROTECTION NOTICE TO CUSTOMERS
Purpose of notice
- This notice is issued pursuant to the requirements under the Personal Data Protection Act 2010 (PDPA) to all individuals who purchase goods or services through http://www.art4.asia.
- Notis ini dikeluarkan selaras dengan keperluan-keperluan Akta Perlindungan Data Peribadi 2010 (APDP) kepada semua individu yang membeli atau memerlukan barangan atau perkhidmatan melalui http://www.art4.asia.
Processing of personal data
- During the course of its dealings with you, ART4 processes your personal data which include, but is not limited to, your name, IC number, address, payment details, e-mail address and other contact details.
Pemprosesan Data Peribadi
- Sepanjang tempoh urusan ART4 dengan anda, ART4 memproses data peribadi anda, termasuk, tetapi tidak terhad kepada, nama, nombor kad pengenalan, alamat, maklumat pembayaran, e-mel dan maklumat hubungan lain.
Purpose of processing personal data
- The personal data is collected for, amongst others, the following purposes:
- enforcing the rights and obligations in the contracts, including but not limited to, confirming that payment has been received, customer disputes and refunds;
- market research including but not limited to client satisfaction surveys; and
- complying with any legal or regulatory requirements, including but not limited to, compliance with the withholding tax requirements, income tax or as permitted by law or authorised by any order of court.
Tujuan Pemprosesan Data Peribadi
- Data peribadi dikumpul bagi, antara lain, tujuan-tujuan berikut:
- melaksanakan hak-hak dan obligasi dalam kontrak-kontrak, termasuk tetapi tidak terhad kepada, membuat pengesahan pembayaran, pertikaian tentang barangan atau perkhidmatan dan pembayaran semula;
- penyelidikan pasaran termasuk tetapi tidak terhad kepada kaji selidik tahap kepuasan pelanggan; dan
- mematuhi mana-mana keperluan undang-undang peraturan, termasuk tetapi tidak terhad kepada pematuhan terhadap keperluan cukai pegangan, cukai pendapatan atau seperti yang dibenarkan oleh undang-undang atau diberi kuasa oleh perintah mahkamah.
Disclosure of personal data
- The personal data held by us shall be kept confidential. However, we may disclose your personal data to:
- Market research;
- Other parties authorised by you;
- Regulatory and governmental agencies as permitted or required by law, authorised by any order of court or to meet obligations to regulatory authorities.
Pendedahan Data Peribadi
- Data peribadi yang disimpan oleh ART4 akan disimpan secara sulit. Walau bagaimanapun, ART4 mungkin akan mendedahkan data peribadi anda kepada:
- Penyelidikan pasaran;
- Pihak lain yang anda benarkan;
- Agensi penguatkuasa dan kerajaan sepertimana yang dibenarkan atau dikehendaki oleh undang-undang, dibenarkan oleh mana-mana perintah mahkamah atau untuk memenuhi obligasi kepada mana-mana pihak penguatkuasa.
Protection of personal data
- We strive to take the necessary measures to protect the security and confidentiality of your personal data. If we disclose any of your personal data to any other entities, we will require them to appropriately safeguard the personal data provided to them.
Perlindungan data peribadi
- ART4 akan mengambil langkah yang diperlukan bagi melindungi keselamatan dan kerahsiaan data peribadi anda. Sekiranya kami mendedahkan data peribadi anda kepada mana-mana pihak, kami akan memastikan bahawa pihak tersebut mengambil langkah yang sepatutnya bagi memastikan keselamatan data peribadi yang diberi kepada mereka.
Retention of personal data
- It is ART4’s policy to destroy personal data of the vendors within seven (7) years after the contract has been awarded or after the conclusion of the contract, whichever is applicable.
Penyimpanan data peribadi
- Ianya merupakan polisi ART4 untuk memusnahkan data peribadi pembekal dalam tempoh tujuh (7) tahun selepas kontrak telah diberi atau selepas kontrak telah selesai, di mana ia terpakai.
By submitting a request and/or payment, you are deemed to have read and understood the Personal Data Protection Notice (which can be found below) and consent to the use of your personal data, on such terms.
Dengan penghantaran pesanan dan/atau bayaran], anda dianggap telah membaca dan memahami Notis ini dan membenarkan pemprosesan data peribadi anda bagi tujuan yang tertera di dalam Notis ini.
Terms of Purchase
Placing an Order
- By completing the order form on the Site, you are placing an order. Your order is an offer to purchase the products which, if accepted by us, will result in a Binding Contract.
Accepting an Order
- Please note that we will not accept your order until receiving authorisation and confirmation from your payment card issuer or bank or other means of making payment acceptable to us. For example, we will not accept your order if:
- We do not have the products in stock
- Your payment is not authorised
- There is an error on our Site regarding the price or other details of the products
- You have cancelled it in accordance with the instructions below
- You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
- For the avoidance of doubt, we retain full and final discretion on whether to accept or refuse your order and/or method of making payment and will not be liable for any delays.
- While we make every effort to ensure that the products shown on our Site are currently available, though we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.
- Once you have placed an order and we have confirmed the product availability, you will receive an e-mail to confirm your order. This e-mail confirms the products you have ordered and your billing address. At this stage your order has been confirmed and prepared for delivery.
- You are responsible to ensure your delivery information is accurate. If there are any mistakes in the e-mail confirmation, you must immediately inform us. Once the order has been sent (e.g. shipped/mailed etc.), you may no longer vary or cancel your order. You may, however, be able to return the product based on our Refund Policy.
Cancelling an order before the product has been sent
- If you change your mind regarding our products, you can cancel it at any time before we send it. Please see the Contact Us page for our contact details.
- You will need to give us your name and address details, as well as your order number to us to cancel your order. As we are not a large organisation, please allow us reasonable time (3-5 days) to process your cancellation request.
- There may be processing fees/cost (if any) arising from your cancellation. You also agree to reimburse us for any reasonable costs that we may have incurred due to your order.
Returning products after sending (Refund Policy)
- We do not wish to profit from products that do not meet reasonable standards of quality.
- If you are not satisfied with your product for any reason whatsoever after receiving it, please do not hesitate to contact us. We shall consider your dispute in detail and decide if a refund should be given, subject to you returning the product(s).
- For the avoidance of doubt, we are not responsible for any damages caused “in transit” nor are we liable to pay for the costs incurred in returning the product.
Pricing and payment
- Prices are quoted in Malaysian Ringgit (“MYR”)and payment can only be accepted in MYR. Packing and delivery costs, if any, will be added to the total price of your purchase. Any discount will be reflected in the total price, prior to completing your order form. The price you pay is the price of the products shown at the time you place your order.
- All International credit card payments that you make through the site will be processed by our payment service provider, a company registered in (Malaysia).
- You may incur currency conversion charges by your card issuer or bank for converting other currencies into MYR. We are not responsible for these costs and therefore are unable to assist you with any dispute arising from such costs. As such costs are imposed by us, we are unable to provide any refunds of the same.