Terms & Conditions

1. INTRODUCTION

akemihome.com.my (the "Website") is operated by or on behalf of Eastern Decorator Sdn Bhd of Lot 55992, Batu 5, Off Jalan Tunku Abdul Rahman, 31200 Ipoh, Perak. (“AKEMI”). If you place an order through this Website, upon confirmation that such order is accepted, a contract of sale will be executed between you and AKEMI, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as "AKEMI"). These terms and conditions were last updated on 8 June 2022.

2. PURCHASE TERMS

Please read these Purchase Terms carefully before ordering Products online from the Website.

2.1 WHEN DO THESE PURCHASE TERMS APPLY?

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you
(i) order anything from the Website,
(ii) order anything at any web page directly connected to the Website or
(iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.

2.2 PRODUCTS

We have many types of products as may be displayed on the Website from time to time. (“Products”). Please note that in the case of limited edition or limited production Products, additional restrictions such as limiting the number of such Products per customer may apply. These additional restrictions will be made known to you via the Website. All Products shown on the Website are subject to availability. While we work to ensure our Website reflects the availability of stock, in rare cases, a Product shown on the Website may no longer be available for purchase. Slight differences in colour and other variations in Products may occur as a result of different image acquisition, display technologies or other technical reasons. AKEMI is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Website.

2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH AKEMI

  • You must be 18 years of age or older to buy Products via the Website.
  • You can only order on the Website if you are a consumer and not a reseller.
  • You confirm that the information you provide to us in the request or order is accurate and complete.

2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?

2.4.1 General Aspects of Contract Formation

The following applies to all types of products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order. All orders you submit are subject to acceptance by us. We are entitled to confirm an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within 10 (ten) business days, it is deemed to have been refused. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

  • if Product(s) shown on the Website are not or no longer available;
  • if we are unable to obtain authorisation of your payment;
  • if shipping restrictions apply to a Product;
  • if Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described. In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will provide you with a refund for the amount paid to us under the cancelled (part of the) order. AKEMI fully reserves the right to decline any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.

2.4.2 Special Aspects of Contract Formation for Products

After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until either:

  • you receive a confirmation from us that the Products have been shipped to you from our warehouse; or
  • you receive confirmation from the carrier/courier that the Products are ready for you to pick up if you have chosen to pick up the Product(s) at a carrier office or if the carrier has stored the Products at the pickup location.

2.5 RETENTION OF TITLE

All Products will remain the property of AKEMI until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title into the Product has been passed to you.

2.6 MAINTENANCE OF PRODUCTS

We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions given.

2.7 ORDER CANCELLATION

Please contact our customer service for more details at 012-297 2330 or send us an email at akemishopcae@gmail.com.

2.8 PRICE

Prices are quoted in Malaysia Ringgit (MYR). AKEMI reserves the right to make price changes prior to an order placed by you. We reserve the right to change, limit or terminate any special offers or discounts at any time. We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12 or go to the Delivery section of the Website. Any delivery costs will be charged separately, itemised and added to the total amount of the order.

2.9 PAYMENT METHODS

Please check the Website for information on available payment methods. AKEMI reserves the right to conduct an individual credit check for each order in accordance with the AKEMI Privacy Policy. Depending on the results of this check, AKEMI reserves the right to refuse certain methods of payment.

2.10 INVOICING

Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such forms of invoicing.

2.11 DELIVERY

We will deliver to the address indicated by you within Malaysia, not including tax free zones but not limited to Langkawi, Kedah. We can only deliver to a home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address, after which AKEMI is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address. Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Please take into account any public holidays including any national and/or regional holidays in your state or country of residence. Deliveries will be made on business days, not being a public holiday. For detailed information about delivery periods, please check the specifics for the different types of delivery on the Delivery section of our Website. Delivery periods are estimated and are therefore not regarded as strict deadlines. If a delivery period is exceeded, you are not entitled to compensation and you hereby waive your rights to any claims. In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will inform you as soon as reasonably practicable and reimburse any payments that you have made.

2.12 RETURNS AND REFUNDS

For information about Returns and Refunds, please go to the Returns and Refunds section on our Website.

2.13 EXCHANGE POLICY

We do not allow Product exchanges. A Product is only exchangeable if found to be damaged upon delivery. For further details, please see section 2.14.

2.14 DAMAGED OR DEFECTIVE PRODUCTS

We thoroughly test all our Products in real-life conditions to ensure they are fully capable of fulfilling the purposes for which they were designed. It is extremely rare for our Products to be damaged or defective. AKEMI has a legal obligation to make sure that our Products conform to the contract of sale. Returned Products are inspected by the AKEMI Quality Management Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any manufactured defective Products. Defective Products may be exchanged, as stated in clause 2.13. If the problem was caused by reasons other than materials quality or assembly process, the original Product will be returned to you. We do not refund Products:

  • obtained from a source other than the Website;
  • that have been damaged by abuse or negligence (e.g. exposure to chemicals, caustic substances, open flame, high heat, sharp objects, etc.); and/or
  • that have been damaged by misuse or activities other than the intended purpose
  • Please note that the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Products that are damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not eligible for replacement.

3. USE OF THE WEBSITE

Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any AKEMI content on social media websites, including without limit Facebook and Instagram (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you agree to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

3.1 WEBSITE CONTENT

All content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by AKEMI, its affiliate companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with AKEMI, no portion or element of the Website or its Content may be copied or retransmitted by any means. The Website, its Content and all related rights shall remain the exclusive property of AKEMI, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

3.2 INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" is defined by any and all intellectual and industrial property rights now in force or that might come into force in the future in any part of the world whether or not registered or registrable and includes all applications and rights to apply for registration (and renewals and extensions of any registration) of such rights as well as all rights of action and remedies in relation to past infringements including rights in or in connection with:

  • confidential information, business or trade secrets, know-how;
  • inventions, patents (including supplementary protection certificates);
  • copyright (including the rights to secure copyright renewals and extensions of copyright, copyright not yet in existence but that comes into existence in the future and all other rights of a similar nature by law in force in any part of the world);
  • trademarks, service marks, business or trade names;
  • design rights, topography rights;
  • database rights,
  • together with all other rights of a similar or corresponding character or nature. The Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other Intellectual Property Rights owned or controlled by us and/or our licensors. You are not permitted to copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Website for any purpose without our prior written permission. All rights, titles and interest in the Intellectual Property Rights on the Website shall at all times remain the property of us and/or our licensors. You are not authorised to use the same unless you have obtained express written permission from us and/or our licensors, as the case may be. You agree not to use the Website for any purpose or in any matter that is unlawful or infringes our or any third party's Intellectual Property Rights.

3.3 WARRANTIES

The information provided on the Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability, applicability or completeness of any information that is on the Website. We will not be liable for any loss or damage arising from your use of or reliance on the information on the Website or for anything posted on or linked to the Website, including (without limitation) any mistake, error, omission, infringement, defamation, falsehood or other material or omission that might offend or otherwise give rise to any claim or complaint. We do not claim any endorsement or recommendation of any person, organisation, name, product or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on the Website. We make no representations in terms of your ability to access the Website and do not warrant that the functions of the Website shall be uninterrupted or free of errors and defects. None of our agents or representatives is authorised to make any warranties, representations or statements regarding any information on the Website and we shall not in any way be bound by any such unauthorised warranties, representations or statements.

3.4 LIMITATION OF LIABILITY

By accessing and using our Website you acknowledge and accept that the use of the Website is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Website. Without limiting the foregoing:
(a) THE WEBSITE AND ALL INFORMATION AND MATERIALS CONTAINED ON IT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE , PRIVACY OR NON-INFRINGEMENT (TO THE EXTENT PERMITTED BY LAW);
(b) WE CLAIM NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE WEBSITE (TO THE EXTENT PERMITTED BY LAW); AND
(c) WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE WEBSITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE WEBSITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE WEBSITE.

3.5 LINKS TO THIRD PARTIES

For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside AKEMI’s service and off the Website and are beyond AKEMI’s control. This includes links to partners that may use the Trademarks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as privacy policies. AKEMI is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these Websites entirely at your own risk. Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on these Websites prior to using them.

3.6 PROHIBITIONS

When using our Website you are not permitted to:

  • Interfere with or disable any security-related features of the Website or features that prevent or restrict use or copying of the content accessible via the Website;
  • give any false information in your account details;
  • take on another person’s identity without that person’s permission or act on behalf of a person, entity or organisation without their consent;
  • use the Website if we have suspended or banned you from using it;
  • send junk, spam or repetitive messages;
  • engage in any illegal or unlawful conduct;
  • modify, interfere, intercept, disrupt or hack the Website;
  • misuse the Website by deliberately introducing viruses, malware, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the Website, any Website user’s equipment or have a detrimental impact on any Website user’s experience of using the Website;
  • collect any data from the Website other than in accordance with these Terms and Conditions;
  • submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
  • abuse, harm, harass or bully another Website user, member of our staff or person;
  • submit or contribute any user content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties.

3.7 USER GENERATED CONTENT

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, AKEMI shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any semibold and throughout the world (licence grant). You acknowledge and agree that AKEMI only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. AKEMI shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall AKEMI be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content are not representative of AKEMI. Any usage by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify and keep AKEMI and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by AKEMI or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website. AKEMI reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which AKEMI believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to AKEMI. You agree to promptly notify AKEMI in writing of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to AKEMI sufficient information to enable AKEMI to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. AKEMI agrees to investigate such complaints and shall take such action at its discretion. However, AKEMI does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

3.8 UNSOLICITED IDEAS

AKEMI maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to AKEMI business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to AKEMI. You should therefore not post any Materials on the Website or send these to AKEMI by e-mail or otherwise.

4. DISCREPANCIES

In case of discrepancies between AKEMI Terms and Conditions and any content contained in other parts of the Website or in links, the AKEMI Terms and Conditions contained in this document prevail.

4.1 CHANGES TO THESE TERMS AND CONDITIONS

You agree that we may modify, update or amend these Terms and Conditions without liability and without prior notice to you. The modified Terms and Conditions will be posted on the Website and will come into effect from the date of such posting. You are encouraged to check for updates to these Terms and Conditions regularly, prior to accessing and/or using the Website.

4.2 DATA PROTECTION

AKEMI fully respects the privacy of individuals who access and use the Website, in accordance with the Personal Data Protection Act 2010. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information, and under what circumstances we disclose information to third parties please see our Privacy Policy, which are incorporated into and form part of these AKEMI Terms and Conditions. By creating a global AKEMI single account or placing a purchase order, you understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

4.3 SEVERANCE

Each provision of the AKEMI Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these AKEMI Terms and Conditions.

4.4 SUB-CONTRACTING AND ASSIGNMENT

AKEMI reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under AKEMI terms and conditions provided that your rights under AKEMI terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the AKEMI terms and conditions without our consent in writing.

4.5 EVENTS BEYOND REASONABLE CONTROL

AKEMI will not be liable for any delay or failure to perform or comply with our obligations under the AKEMI Terms and Conditions when the delay or failure arises from any cause beyond AKEMI’s reasonable control.

4.6 INVALIDITY

In the event that one or more of the terms outlined in these Terms and Conditions 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.

4.7 WAIVER

In the event that you breach or violate any of these Terms and Conditions and we take no action, we will not be deemed to have waived our rights against you, and will still be entitled to exercise our rights at a later stage or in any other situation where you commit another breach of our Terms and Conditions.

4.8 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions 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.

4.9 CONTACT US

If you have any questions about these Terms and Conditions you may contact us as per below: akemishopcae@gmail.com.