A. Welcome to the STONED & CO. website. The TOS set out here govern our relationship with you and apply to your use of our website. By using our website you agree to be bound by the legally binding TOS set out below. If you do not wish or agree to be legally bound by them then please do not access or use the STONED & CO. website. You should print a copy of these TOS for your future reference.
B. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. If you at any time have any questions relating to our TOS then please email us at firstname.lastname@example.org.
C. When you register as a user of our website you are warranting to us as follows;
That all personal information provided by you is true, accurate and complete in all respects and that it is up to date.
You will immediately notify us of any changes to such personal information previously provided;
You will not misrepresent yourself as anyone else or utilise the name of any third party or parties that you are not authorised to use. Similarly you will not use any credit or debit card or cards or any other means of payment that does not belong to you or that you are not authorised to use.
D. We provide you and other customers with access to our website strictly in accordance with these TOS and any order placed by you is deemed to be placed strictly in accordance with these TOS. We may at any time vary, modify, suspend (either temporarily or permanently) any part or all of the website without notice and you agree and confirm that we shall not have any liability to you or any third party or parties as a result of such variation, modification and /or suspension of the website.
A. When you place an order online through our website you are representing and warranting to us;
You are at least 18 years of age; and
You have capacity to enter into a legally binding contract.
B. When you place an order online you will receive an email from us confirming receipt of your order. This does not mean that we have accepted your order. Your order constitutes your offer to us to buy a product or products from us. All and every order placed by our customers online is subject to acceptance by us. Such acceptance will be given by us sending you an email that we have accepted your order by dispatching the ordered goods to you. The contract between us is made only at the time we send you an email confirming dispatch and up until that time we reserve the right not to fulfil any or all orders placed by you. In the event we are unable to dispatch all the products you have ordered the contract between us will relate solely to those products we dispatch or which we have confirmed we have dispatched.
C. We may decide not to accept your order for a variety of reasons amongst which may be the following:
Non availability of product from stock
You not being able to fulfil the criteria set out in these TOS
Our being unable to obtain appropriate authorisation for your payment
A pricing or identification error of the product or products.
D. As a consumer you have the right to cancel a contract to purchase product(s) at any time within 7 days from the day the product(s) is or are delivered to you. In the event you choose to do so you will receive a full refund of the price paid for the product(s) in accordance with our refund policy. In order to cancel a contract you must notify us in writing (which shall include email) of your intention to do so and return the product(s) to us immediately which will be at your cost and risk. We expect product(s) to be returned to us in the same condition as when they were dispatched to you. This provision does not affect your statutory rights.
A. We make every effort to ensure that the information on our website relating to our products is accurate in all respects and up to date. We regularly update our website but it is possible that the information appearing on our website from time to time may not reflect the position at the precise time you place an order. We will confirm the price of the product(s) in the email we send you to confirm dispatch of the product(s).
B. We take great care with reproducing the exact colour of products. The limitations of colour representation and the individual colour settings of your PC screen may mean a slight variation to the colour of the product. We take every care to ensure accurate descriptions of product and colour but specifications vary and product and/or colour may vary from that shown on our website.
PRICING AND PAYMENT
A. Save for obvious error our website will display the price of all our products. The price shown on our website excludes the cost of delivery which will be added to the amount due from you when you complete the transaction. Our prices may vary from time to time but any changes will not affect orders which we have accepted and where we have sent you an email confirmation.
B. If you are ordering from outside Malaysia, you should be aware that there may be import duties and taxes to be paid when the delivery reaches the country from which you are ordering. We recommend you check before ordering what these charges may be as we have no control over them and cannot be responsible for any additional charges you may have to pay as a result. It is for you to comply with all applicable laws and regulations of your country from where you place your order and STONED & CO. cannot and will not be liable for any breach by you of such laws and/or regulations.
C. STONED & CO. have introduced a fair pricing policy and are therefore charging all customers the same throughout the world. The price displayed in Ringgit Malaysia will be the same regardless of the customer’s location, with the exception of the delivery cost.
D. We at STONED & CO. strive to make shopping on our website as safe and secure as possible. We cannot and will not be responsible for fraudulent use on our website of a lost and/or stolen credit or debit card. We will of course assist your credit/debit card company where we are able to do so once any fraud has been reported to them.
A. Once we have received and accepted your order and received full payment our aim is to deliver, for Malaysia orders, within 5 working days and for orders outside of Malaysia, within 10 working days. All orders are of course subject to stock availability. Each item ordered is an individual order although we will where possible consolidate multiple orders into one shipment. We may for stock and packaging requirements need to ship products to you in multiple packages and at different times.
B. We will use a third party or parties to deliver the product(s) to you. This may be through the postal system or via a courier company. We cannot and will not be responsible for the third party failing to deliver the product(s) to you. In the event that the third party requires you to sign to acknowledge receipt of delivery we are entitled to rely on any signature that may be given by you or any other person at the address the delivery is made to. In the event you direct the party making the delivery to leave the parcel without you signing for it then we cannot and will not be responsible if the delivery fails to reach you as a result of theft or for any other reason.
A. Any product (other than a sale item) may be returned to us for a full refund, replacement or exchange within two weeks from the date of dispatch.
B. If you return a product to us because you have exercised your right to cancel the contract within the 7 day period referred to in condition 2 D above, we will process your refund as soon as possible and in any event within 28 days of the date we received your notice of cancellation. If your notice is received on a weekend or a public holiday the 28 day period shall start to run from the first working day thereafter. We shall also refund you the cost of delivery of the product to you but you shall be responsible for the cost of returning the product to us including any appropriate duty (such as VAT) payable if you are returning the product from outside of Malaysia.
C. If you are returning the product to us for any other reason such as claiming the product is defective we will examine the product and if we decide a refund is appropriate we shall notify you thereof within a reasonable period of time and in any event within 28 days of our notifying you that you are entitled to a refund. If you return a product that we agree is defective we shall also refund you the cost of delivery to you and the cost of returning the product to us. In the event that we do not agree the product is defective we shall return it to you stating the reasons for our decision.
D. We will normally make any refunds using the same method of payment used by you when you placed your order.
WEBSITE USE AND LINKS TO THIRD PARTIES
A. You agree not to adapt, alter or create a derivative work from any of the material contained in our website or use it for any purpose other than your personal non-commercial use. You agree you will only use our website for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any other person or persons and the transmission of obscene or offensive content or cause disruption to the normal flow of dialogue on our website. STONED & CO. accepts no liability for damage and/or loss howsoever arising from the use of our website.
B. We may provide links to third party websites and if we do these are solely for your convenience. Utilising these links will take you away from the STONED & CO. website. We have no control over these third party websites and therefore cannot and will not accept any liability for damage and/or loss howsoever arising therefrom. Any use by you of third part websites is entirely at your own risk.
PROMOTIONS, DISCOUNTS, MULTI BUY OFFERS, PRIZE DRAWS
A. You may not exchange money off vouchers or voucher codes for cash and they may only be used for one transaction. Corporate cards, money off vouchers and/or voucher codes cannot be used in conjunction with any other voucher, voucher code or offer.
B. Where we offer discounts or promotional discounts on our website then these are valid only for use for purchases made on our website and may not be used in conjunction with any other voucher, voucher code or corporate card. Any vouchers or voucher codes are for use on the website only and may not be redeemed in any of our stores. Where you return a product purchased with a money off voucher you will be refunded the price of that item paid by you after applying the money off voucher or voucher code or any other promotional discount applied when you purchased the product.
C. We may from time to time operate prize draws. When we do they will be governed by the TOS that we will publish at the time.
D. Where we offer multi buy offers these will only apply to those products which are clearly displayed as such. Multi buy offers may not be used in conjunction with any other promotion, voucher or STONED & CO. corporate card. Postage and any other relevant charges will be added to the cost of any multi buy offer. If you are not returning all items bought as part of a bundle offer (for example, "Buy 1 Get 2 Free" or "3 for RM200") for a refund, the bundle price will no longer be applicable. The items you do not return will revert to being priced at their original, single amount, and will be deducted from the total value of your refund. With this in mind we strongly advise you request an exchange on any promotional items returned outside of their bundle.
OUR LIABILITY TO YOU
A. We strive to ensure that any product you purchase from us through our website is of good quality and fit for the purpose for which it is intended. We do not accept responsibility if you do not follow the very specific care instructions that we include, where appropriate, with the product or on the product or within its packaging.
B. In the event of you suffering any loss as a result of any breach by us of your purchase agreement then you agree the maximum extent of our liability is limited to the total purchase price of the product purchased by you under the said purchase agreement.
C. We do not warrant that any or all of the functions contained in this website will be uninterrupted or error free, that any defects will be corrected, or that www.stonedandco.com or the server or servers that make it available are now or in the future will be free from viruses and/or bugs.
A. Force majeure means an event occurring which is outside our control and which creates a delay in our ability to fulfil our part of the contract. It may include a variety of events such as strikes, lock-outs, industrial action, disruption to the transport system, war and many other possible events which restrict or prevent our ability to complete our part of the contract.
B. If a force majeure event occurs the contract between us shall be suspended for a period exactly equivalent to the force majeure event to allow us to fulfil our contractual obligations. If we are able to overcome the force majeure event prior to its expiry we will endeavour to do so but we shall not be obliged to go to any additional expense in order to do so. If the force majeure event prevents us from fulfilling the contract we shall notify you and unless prevented from doing so shall refund your purchase monies.
INTELLECTUAL PROPERTY AND COPYRIGHT
All rights, including copyright, in this website and its contents (as may be amended, varied and updated from time to time) are owned by IDOTSHIRT SDN BHD (1175847-X). In accessing this website you agree that you will access the contents solely for your own private use and not for any commercial or public use, distribution or publication. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use this website content in any way except for your own personal, non-commercial use. Any other use of this website and any of its contents requires the express prior written permission of IDOTSHIRT SDN BHD (1175847-X). signed by an officer of the Company. You agree to use this website in a lawful manner and for a lawful purpose in conducting any transactions through it.
A. The contract created between us pursuant to these TOS is personal to you and may not be assigned or transferred to any third party. We may assign or transfer our obligations thereunder to a third party at any time but if we do we shall give you notice we have done so.
B. If at any time any one of these terms shall be held to be unlawful, unenforceable or void then such term (or terms as the case may be) shall be deemed to be deleted from these TOS and shall not in any way affect the validity and/or enforceability of the remaining provisions these TOS or any of them.
C. These TOS represent the entire agreement between us. If any duly authorized representative or agent of ours makes any statement or representation that is in variance with the terms hereof you must request the same in writing. In the absence of any written proof of variation these TOS shall prevail. In the event we waive any of these TOS that shall not be construed as a waiver of any other of these TOS.
D. We reserve the right, from time to time, to revise, amend and vary these TOS. In the event we do so we shall publish such changes on our website. Any orders placed by you after we publish such changes shall be deemed to be subject to such changed terms and the contract between us shall be construed accordingly.
E. These TOS and any contract created between us pursuant hereto shall be governed by and construed in accordance with the Malaysian law. Both you and we irrevocably submit to the exclusive jurisdiction of the Malaysia courts to settle any dispute which may arise under these TOS.