TERMS & CONDITIONS
1. In General
Access to
and use of this Website and the products and services available through this
Website (collectively, the “Services”) are subject to the following terms,
conditions and notices (the “Terms of Service”). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service. Access to this Website is fully managed by ARLINA
AYOU, and we reserve the right to withdraw or amend the Services without
notice. We will not be liable if for any reason this Website is unavailable at
any time or for any period. From time to time, we may restrict access to some
parts or this entire Website.
2. Privacy Policy
Our
privacy policy, which sets out how we will use your information, can be found
at Privacy Policy. By using this Website, you consent to the processing
described therein and warrant that all data provided by you is accurate.
3. Prohibitions
You must
not misuse this Website. You will not commit or encourage a criminal offence;
transmit or distribute a virus, Trojan, worm, logic bomb or post any other
material which is malicious, technologically harmful, in breach of confidence
or in any way offensive or obscene; hack into any aspect of the Service;
corrupt data; cause annoyance to other users; infringe upon the rights of any
other person proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as “spam”; or attempt to affect the
performance or functionality of any computer facilities of or accessed through
this Website. Breaching this provision would constitute a criminal offence
under the Computer Misuse Act 1990. ARLINA AYOU will report any such breach to
the relevant law enforcement authorities and disclose your identity to them. We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this Website or to your downloading of
any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and
Content
The
intellectual property rights in all software and content made available to you
on or through this Website remains the property of ARLINA AYOU. You may store,
print and display the content supplied solely for your own personal use. You
are not permitted to publish, manipulate, distribute or otherwise reproduce, in
any format, any of the content or copies of the content supplied to you or
which appears on this Website nor may you use any such content in connection
with any business or commercial enterprise. You shall not modify, translate,
reverse engineer, decompile, disassemble or create derivative works based on
any software or accompanying documentation supplied by ARLINA AYOU or its
licensors. ARLINA AYOU is a trademark belonging to ARLINA AYOU. No license or
consent is granted to you to use these marks in any way, and you agree not to
use these marks or any marks which are colorable similar without the written
permission of ARLINA AYOU.
5. Community Areas
i.
Registration
ARLINA AYOU
reserves the right to close accounts if any user is seen to be using proxy IPs
(Internet Protocol addresses) in order to attempt to hide the use of multiple
accounts or disrupts any of our services in any way. If you use multiple login
for the purpose of disrupting the community you may have action taken against
all of your accounts.
ii. Submission
of material
By submitting any material to us, you automatically grant ARLINA AYOU the
royalty-free, perpetual, exclusive right and license to use, reproduce, modify,
edit, adapt, publish, translate, create derivative works from, distribute,
perform and display such material (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
later developed.
iii. Failure to
comply
If you fail to abide by these Community Rules you may be sent an email, which
informs you why your contribution has been refused or edited. This email will
also include a warning that continuing to break the rules may result in action
being taken against your account or accounts. This action may include any
content posted by you being checked before you are allowed to go on the site or
a temporary or permanent suspension of your ability to participate in any or
all areas of ARLINA AYOU. ARLINA AYOU reserves the right to delete any
contribution, or take action against any ARLINA AYOU account, at any time, for
any reason. If you do not want to grant ARLINA AYOU the permission set out
above on these terms, please do not submit or share your contribution on the
Community website.
6. Terms of Sale
By placing an
order you are offering to purchase a product on and subject to the following
terms and conditions. All orders are subject to availability and confirmation
of the order. Dispatch time may vary according to availability and any
guarantee or representation made as to delivery time are limited to mainland
Malaysia and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible. In order to contract with ARLINA
AYOU you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. ARLINA AYOU retains the right to refuse any
request made by you. If your order is accepted, we shall inform you by email
and we would confirm the identity of the party, which you have contracted with.
When placing an order you undertake that all details you provide to us are true
and accurate, that you are an authorized user of the credit or debit card used
to place your order and that there are sufficient funds to cover the cost of
the goods. All prices advertised are subject to changes without prior notice.
7. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming
receipt of your order: this email will only be an acknowledgement and will not
constitute acceptance of your order. A contract between us will not be formed
until we send you confirmation by e-mail that the goods that you ordered have
been dispatched to you. Only those goods listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
8. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear
on this Website are accurate, errors may occur. If we discover an error in the
price of any goods, which you have ordered, we will inform you of this as soon
as possible and give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you we will treat the order
as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
9. Payment
Upon receiving your order we carry out a standard pre-authorization check on
your payment card to ensure there are sufficient funds to fulfill the transaction.
Goods will not be dispatched until this pre-authorization check has been
completed. Your card will be debited once the order has been accepted.
10. Discount Codes
Account discount
codes – Discount codes may from time to time be offered to account holders;
such codes may only be applied to purchases made through the account in respect
of which the discount code was offered and registered.
Promotional
discount codes – We may from time to time offer promotional discount codes
which may apply in respect of any, or certain specified, purchases made though
this Website.
11. Gift Vouchers
Gift vouchers
are only valid for a limited time and the voucher must be used by the date
shown on the voucher – check your voucher to find out when to use it by.
We cannot
accept any responsibility for stolen or deleted gift vouchers.
If you are the
purchaser, please double check the delivery email address you enter – it is
your responsibility to do so and we cannot be held responsible if a gift
voucher is used by someone other than your recipient if the email address
entered is incorrect. In addition, we cannot take responsibility for any gift
vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is
their responsibility to keep the voucher details safe.
From time to
time, gift vouchers may get caught in pesky spam filters, and it is up to the
recipient to check these filters. We cannot take responsibility if a gift
voucher cannot be delivered to the recipient’s email address because of spam
filters, firewalls, and the capacity of the recipient’s mailbox or any other
factors outside of our control.
If you need a
refund, this will be made in the same way as the original payment method (such
as onto a gift voucher, debit/credit card account, or a combination of the
two).
We reserve the
right to vary these terms and conditions.
The conditions
of use relating to any discount code will be specified at the time of the
issuance.
12. Sizing
Sizes of items
vary from design to design. Please check the outlined measurements given in the
description for more information. For clothing, the specification are in
inches.
13. Delivery
We aim for
orders to be dispatched on the next twenty-four (24) hours upon the clearance
of payment. After item(s) leave our Warehouse, it will take three (3) to seven
(7) working days to arrive at your doorstep for orders in Malaysia. For
international orders, it varies according to your location. Please email support@arlinaayou.com for more information on deliveries. Please checkout as
normal for the shipping cost to appear automatically.
14. Returns & Exchange
Cash refunds are
not available. However, if the customer is unhappy with the purchase, the
customer can return the items to ARLINA AYOU within 7 days from date of
delivery and ARLINA AYOU will issue a coupon/store credit of the item’s value.
Only clothes that are unworn, unaltered, unwashed and in sellable condition
with original receipt and attached label can be returned to ARLINA AYOU.
Accessories including jewelry, bags, scarves and headpieces are non-returnable.
Sale items and purchases made with discount coupons are non-returnable and
non-exchangeable. If customer has not responded to the notification within
seven (7) days upon the delivery of notification, ARLINA AYOU reserves the
right to claim ownership of items and resell the items on the Website. The cost
of return is borne by the customer. ARLINA AYOU allows exchanges subject to
availability. If the new wanted item is not available, ARLINA AYOU will issue
customer a coupon of the exchanged item’s value. The cost of shipping will be
borne by the customer. For returns and exchanges, customers are advised to
notify ARLINA AYOU first at support@arlinaayou.com quoting the
order number and product details.
15. Disclaimer of Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law ARLINA AYOU and its suppliers, content providers
and advertisers hereby expressly exclude all conditions, warranties and other
terms which might otherwise be implied by statute, common law or the law of
equity and shall not be liable for any damages whatsoever, including but
without limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect ARLINA AYOU liability for death or personal
injury arising from its negligence or for fraudulent misrepresentation,
misrepresentation as to a fundamental matter or any other liability which
cannot be excluded or limited under applicable law.
16. Linking to this Website
You may link to
our home page, provided you do so in a way that it is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any
other site, nor may you create a link to any part of this Website other than
the home page. We reserve the right to withdraw linking permission without
notice.
17. Disclaimer as to Ownership of Trademarks, Images of
Personalities and Third Party Copyright
Except where
expressly stated to the contrary all persons (including their names and
images), trademarks and images of third party products, services and/or
locations featured on this Website are in no way associated, linked or
affiliated with ARLINA AYOU and you should not rely on the existence of such a
connection or affiliation. Any trademarks/names featured on this Website are
owned by the respective trademark owners. Where a trademark or brand name is
referred to it is used solely to describe or identify the products and services
and is in no way an assertion that such products or services are endorsed by or
connected to ARLINA AYOU.
18. Indemnity
You agree to
indemnify, defend and hold harmless ARLINA AYOU, 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 this Website or your breach of the Terms of
Service.
19. Variation
ARLINA AYOU shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
20. Invalidity
If any part of
the Terms of Service is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of the Terms
of Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
21. Complaints
We operate
complaints handling procedure which we would use to try to resolve disputes
when they first arise, please let us know if you have any complaints or
comments.
22. Waiver
If you breach
these conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
23. Governing Law and Jurisdiction
These terms and
conditions are to be construed in accordance with the laws of Malaysia and in
the event of any dispute or claim associated with these terms and conditions,
that dispute or claim shall be subject to the exclusive jurisdiction of the
Malaysian courts.
24. Entire Agreement
The above Terms
of Service constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and ARLINA AYOU. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of ARLINA AYOU.