Terms & Conditions of use
Please read this document carefully as it contains the Terms and Conditions that you agree to be bound by if you continue to use this website. All orders and purchases made through this website are subject to the terms and conditions outlined below. These terms and conditions may change from time to time without prior notice, at our discretion. Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference. 1. Ownership 1.1 This site is owned and operated by Urban Surf Sdn Bhd. (“we”, “us” or the “Company”) bearing company number 335457-W from our registered office address at No. 7, Jalan 4/91A, Taman Shamelin Perkasa, Cheras, 56100 Kuala Lumpur, Malaysia. 1.2 All rights in this website are owned by us. Any unauthorized use, copying or modification is strictly prohibited. 2. Registration 2.1 You must provide us with a valid email address as the shopping cart order will be sent to your mailbox and you must reply to it as confirmation. 3. Ordering Products 2.1 All orders placed through our website will be subject to our acceptance of the order. 2.2 After you have add items to shopping cart, check out to review the list, edit your details and proceed to payment page. We accept only cash bank in for the payment. Please follow the instruction on the payment page. 2.3 When you submit an order to us on our website, you will receive a confirmation of your order. You must reply to this email to confirm your order. Thereafter, you will then receive a second email from us, after we received your payment, to confirm your order and providing you an estimated timescale for delivery. You should check both emails for accuracy and inform us immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us and a contract of sale for the products you have ordered is concluded between you and the Company only upon dispatch of the products to you. Title to the goods will pass to you on delivery. 2.4 We reserve the right to decline any order(s) whereby we have reasonable cause to believe the act of purchase is for onward commercial sale other than through distribution channels approved by the Company. 2.5 All orders is final, please refer to the Returns section for further information on exchange and refund policies. 3. Processing your orders and payment 3.1 Details of the products available for purchase including their price are set out in the website. Whilst it is our intention to take reasonable care to ensure that all details, descriptions and prices of products are correct at the time the relevant information is placed onto the site, the information appearing at a particular time may not always reflect the position at the moment of your purchase. We shall keep our website up to date and error free however product description or pricing errors may occur. If we discover any errors after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled. 3.2 Should the product(s) that you have ordered become out of stock or are no longer available, we will notify you via telephone. You must than pick another style or product of the same value. 3.3 All prices shown on our website are denominated in Ringgit Malaysia (RM). Delivery charges are clearly highlighted throughout the site. For further information on delivery charges please refer to the Delivery section. 3.4 Order processing will require 7 working days after we received your payment and does not include shipping period by our courier company. Shipping period is subject to the efficiency of the courier company and subject to location and “act of God”. 3.5 All products are only available for purchase and shipping within Malaysia and Brunei only. 4. Delivery 4.1 Some postal addresses in some remote areas of Malaysia may not be covered by our delivery services and we may not be able to arrange delivery of items to such addresses. You will be notified accordingly when you place your order. 4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. We shall not accept any liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries. 4.3 All items are subject to stock availability. 4.4 When we deliver your items to you, you may be asked to sign for the products to acknowledge receipt. 4.5 Please note that goods sold on www.quiksilver.com.my are NON-EXCHANGEABLE AND NON-REFUNDABLE. 4.6 If an item is defective please contact us immediately within seven (7) days and we will arrange an appropriate remedy, failing which it will be deemed that all products received are in an amicable state of condition. 5. Order Acceptance 5.1 Your order will be accepted by us, and a contract will then be formed between us, when we dispatch the goods to you. 6. Returns Information 6.1 How do I return/exchange an item? There will strictly be no return or exchange for goods purchased on www.quiksilver.com.my 6.2 Unacceptable Returns If you return an item to us outside the terms of our returns policy and your statutory rights do not apply, we may not refund you. The item may be returned back to you at your expense. You will be notified of this and other associated charges. If you send the item back to us again, or refuse to accept delivery, this will be deemed to be an irreversible instruction for us to dispose of your goods without further notice. Please note: Disposal will not constitute any admission on our part that we have failed in any way to honor our obligations to you in full and will not constitute any unlawful action against the goods. 6.3 Can I cancel my order? All orders placed are final. However, you may cancel your order before any payment is made. Orders placed with payment may not be refunded or cancelled. If you wish to cancel using this right, you need to inform us in writing within 7 working days starting the day after you received the goods. You must take reasonable care of the products and immediately return them to us its original state. We will not consider that you have taken reasonable care of the goods if they have been used in a way or to an extent beyond what would be reasonable when examining the goods in a shop before purchase. 7. Damaged goods My goods are defective, what should I do? If you wish to report a defect with our products, kindly drop us an e-mail at webstore@quiksilver.com.my or you may contact our Customer Service Department at 03-9284 8478. 8. Privacy Policy Please ensure that you have read and understood our Privacy Policy which explains how we safeguard any data which you provide to us in order for us to fulfill your online order. 9. General 9.1 The use of our site and any contracts formed are governed by Malaysian law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Overseas orders will not be accepted. 9.2 All products are sold on the basis that they are for personal, domestic use only. 9.3 We shall not be responsible to you whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable at the date you order the goods. 9.4 We are not liable for any claim for loss or damage of the goods. 9.5 A person who is not a party to these terms and conditions shall have no right to enforce any term under the Contract/s. 9.6 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions. 9.7 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. 9.8 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing. 9.9 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website. 9.10 There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites. 9.11 These Terms and Conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship. 9.12 Any unauthorized use of material on this site is strictly prohibited. 9.13 We will use reasonable endeavors to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information). 9.14 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements. 10. Copyright 10.1 We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies). We are the owners of the compilation of information in this website. 10.2 Our rights, and those of our affiliates and suppliers, are protected by Malaysia and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions. 10.3 We grant you a limited, non-exclusive and revocable license to access our website for the purposes of browsing our (or our affiliates) product offer(s), ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates). 10.4 Your license to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates). 10.5 You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage. 10.6 You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.