Terms & Conditions
1. WHO WE ARE
1.1 Welcome to www.rompofficialstore.com (“Website”). This Website is managed and operated by KEN WEST SDN. BHD. (Company No. 167284-X) (“KWSB”, “we”, “us” or “our”), who is the owner, retailer and sole distributor in Malaysia of the “ROMP” clothing line. “ROMP” is the registered trade mark of KWSP (“Trade Mark”).
2. GENERAL TERMS
2.1 Your use of the Website is governed by the following terms and conditions (“Terms and Conditions”). Please read these Terms & Conditions carefully before using our Website.
2.2 By using and accessing our Website, you have agreed to be bound by these Terms and Conditions and usage as such constitutes a legally binding agreement between you and KWSB.
2.3 KWSB shall be entitled at any time and from time to time, without prior and separate notice, modify, amend or change the Terms and Conditions at our absolute discretion. In such instance, such amendment or changes will be published on the Website and you shall be bound by such modified Terms and Conditions.
2.4 There will be no indemnity and we hold no responsibility for any losses suffered by you arising from any modifications to the Terms and Conditions herein, if any.
3. PLACING AN ORDER & THE FORMATION OF CONTRACT
3.1 To place an order, you are required to follow the online shopping process on our Website. You will receive an order confirmation by email which will act as an acknowledgement of your order.
3.2 For the avoidance of doubt, any and all information on this Website, including the prices and details, constitutes an invitation to treat (an invitation for a buyer to make an offer to form a contract), and is not considered a binding offer.
An Order is deemed a binding contract when the status of an order on the Website is updated to ready for delivery and when your payment has been approved by us and we have debited your credit or debit card.
3.4 In order to contract with KWSB you must be over 18 years of age and possess a valid credit or debit card issued by a Bank acceptable to us.
4. PRICING & PAYMENT
4.1 Both the online store and the retail stores of KWSB may run different promotion campaign simultaneously or separately. Nonetheless, the promotion and listed prices on our website are only applicable for online purchase and any claims made in regard to the difference in the pricing between online store and the retail stores will not be entertained.
4.2 All prices listed in the Website are inclusive of GST (if applicable). Shipping fees will be charged separately, in addition to the listed prices.
4.3 At our best efforts, we will ensure that all prices that appear on this Website are accurate.
4.4 We reserve the right to withdraw or modify any products from this website at any time, without prior notice.
4.5 We are under no obligation to fulfil your order if the price listed on the Website is incorrect, including the situation where your order has been confirmed by us.
4.6 All payments will be made through third-party payment gateway and we shall not be responsible for any technical errors, consequential losses and damages that may arise during, out of or in connection with the payment process.
5.1 We have made our best effort to display the description of the products as accurately as possible, including the colours and images of our products that appear at the store.
5.2 Do note that there will be differences in the display of any colour and texture of the products on the screen of your electronic device or the monitor of your computer as compared with the actual colour and texture of the physical products.
5.3 All descriptions, information and materials posted on this Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
5.4 We shall not be responsible if the description of the products on this Website is not accurate, complete or current. Nevertheless, the contents of the Website herein is provided for general information only and should not be relied upon or used as the sole basis for making decisions made by you without consulting primary, more accurate, more complete or more timely sources of information. Reliance on any information displayed on this Website is at your own risk.
6.1 We will deliver the product(s) ordered by you at the place of delivery provided by you when you place your order at our Website.
6.2 We will notify you the estimated delivery date, but, nonetheless, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.3 We reserve our rights to cancel your order in circumstances when the locations or the delivery address provided by you might not be possible for us to deliver or if your order becomes unavailable and in which event, we will inform you using the contact details provided by you and refund to you the payment made to us, less our administration charges.
6.4 Upon delivery, all risks in the product shall pass to you and we will not be liable for loss or destruction of the product.
6.5 In the event where you are not available to take delivery or collection from the carrier, we may either:
(a) charge you for any fee and other costs reasonably incurred by us to redeliver; or
(b) notify you that we are immediately cancelling the order, in which case we will refund to you the payment made to us, less our administration charges (including the costs for attempting to deliver and then returning the product, storage fees etc); or
(c) both the above.
6.6 If your order consists of more than one product, the products may be delivered to you in separate packages at separate times.
7. RETURNS AND REFUNDS POLICY
7.1 It is our practice and store procedure to check all items before shipping out to our customers to ensure that all items are in order and in good condition.
7.2 There shall be strictly no cancellation of orders once your order is confirmed.
7.3 All items sold are strictly not refundable, returnable nor exchangeable.
7.4 In the event that wrong goods are received, you can contact our customer support, email@example.com within fourteen (14) working days of receiving your items and you shall comply with the following conditions:
(a) you shall provide your order number, your name and address, details of the product and attach therein clear photo(s) showing the product delivered to you together with the packaging;
(b) whether you are requesting for a refund or a replacement; and
(c) your justification and explanation for your request.
We will reply to you within seven (7) working days from the receipt of your email to inform you whether your request is approved and we shall not be held liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. FORCE MAJEURE
8.1 KWSB shall not be liable for any delay or failure in the performance of our obligations under these terms and conditions arising from, caused by or resulting from acts of God, accident, civil commotion, embargoes, explosion, equipment or software failures, fire, flood, government intervention, labour difficulties, power failure, riot, strikes, terrorist attack, war (whether declared or not), or any other causes beyond our control.
9. DISCLAIMER OF LIABILITY & INDEMNITY
9.1 KWSB shall not be responsible for and hereby disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company's personal information or material and information transmitted over our system.
9.2 You shall indemnify, defend, hold harmless KWSB, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions herein.
9.3 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy
10. PERSONAL DATA PROTECTION
10.1 KWSB may take your personal information when you communicate with us either by log in to the Website or contact our customer service and the information that we collected from you may be used and will be kept confidential.
10.3 This Policy describes how we handle your personal information for our services on Website.
10.4 By accessing to the Website, you have expressly consented to our collection, storage, use and disclosure of your personal information as described herein.
(i) You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us.
(ii) We may collect and store the following personal information:
(a) email address, contact, date of birth, gender information, financial information;
(b) your activities on the Website;
(c) postage, billing and other information you provide to purchase or dispatch an item;
(d) discussions, chats, dispute resolution, correspondence through our Website, and correspondence sent to us;
(e) other information from your interaction with our Website, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information;
(f) additional information we ask you to submit to authenticate yourself;
(g) information from other companies, such as demographic and navigation data; and
(h) other supplemental information from third parties (for example, if you incur a debt to KWSB, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).
(iii) All personal data shall be provided by you voluntarily.
(iv) We may share your personal information, within or outside Malaysia, with:
(a) Third-party service providers under contract who help with our business operations
(b) Law enforcement or other governmental officials;
(c) Other business entities, should we plan to merge with or be acquired by that business entity.
11.1 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
11.2 Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipients address within Malaysia.
11.3 Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
11.4 In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All content included in or made available through our Website, including all text, graphics, logos, images, campaign titles and data compilations, and Trade Mark are the property of KWSB.
12.2 You are not permitted to publish, distribute or reproduce, in any format, any of the content or copies of the content or Trade Mark which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
13. GOVERNING LAW
13.1 Both parties hereby submit to the exclusive jurisdiction of the Malaysian Courts exercising jurisdiction in Malaysia for any action arising out of or relating to these terms and conditions.
14.1 While we endeavour to ensure that the information posted on this Website is accurate and complete, we do not, however, represent, warrant or guarantee that the contents or any other information residing or available on this Website is complete, accurate, up to date and/or fit for a particular purpose.
14.2 This website may contain typographical mistakes, inaccuracies, or omissions due to human or technological errors. We therefore reserve the right to correct any errors, inaccuracies, including after an order has been submitted and to change or update information at any time without prior or subsequent notice.
14.3 We shall not responsible for any loss or damage caused by or arising from any customer's reliance on information in this website and does not accept liability for any errors and omissions.
14.4 We disclaim all warranties (express or implied, statutory or otherwise) in respect of this Website and we shall have no liability or responsibility to you or any other person for any direct or indirect, economic, incidental or consequential loss, damages, claim, liability, costs and expenses (whether in contract, tort or otherwise) arising out of or in connection with customers’ use of or access to this website.
14.5 The website may contain links or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of KWSB. KWSB does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
15.1 By providing personal data on-line etc., customers are deemed to have read, acknowledged, accepted and agreed to the above provisions.