These terms and conditions (“Terms”) shall at all times form a binding agreement between you as the customer, and us. These Terms shall become effective upon you signing up an account on the Website (as defined below) which constitutes your unconditional acceptance of the Services (as defined below) provided to you by Aino and supersede all and any preceding understandings or communications and/or agreements between us.
Aino reserves the right, to change, modify, add, or remove portions of these Terms at any time, where changes will be effective when posted on the Website with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
Unless otherwise defined, the definitions and provisions in respect of interpretation set out as follows will apply to these Terms:-
“the Company”, “Aino”, “we”, “our” or “us” means Ainofurnishing Sdn Bhd (Company no. 687595-T), which expression shall include its successors-in-title or permitted assigns.
“Account” means your account registered on the Website for the use of the Services and/or the Website;
“you”, “your” or “Customer” means an authorised user of the Website and/or the Services;
“Force Majeure Event” has the meaning ascribed to it in Clause 13.1;
“Order” means an order placed by the Customer to the Website to purchase Products;
“Order Confirmation” means your Order of a Product or Products in accordance with the Terms which we accept in accordance with the Terms contained herein;
“Products” means products and/or Services available and/or made available by Aino for sale to the Customer on the Website in accordance with the terms to be mutually agreed between the parties in writing;
“Request” has the meaning ascribed to it in Clause 9.3;
“Services” means the services provided by Aino in connection with the Customer’s use, access and/or purchase of Products on the Website;
“Taxes and Duties” has the meaning ascribed to it in Clause 5.2(a);
“Third Party Payment Providers” has the meaning ascribed to it in Clause 5.2(e);
“Third Party Providers” has the meaning ascribed to it in Clause 11.3
“Terms” means these terms and conditions and any terms stipulated on our website as may be updated and published on the same from time to time.
“Website” means the online platform known as “https://aideashome.com/” which is managed and owned by the Company;
References to “clauses” are to clauses of these Terms;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to “includes” or “including” or like words or expressions shall mean without limitation.
2. Becoming a User of the Services and Website
2.1 You represent and confirm that:
- You must be at least eighteen (18) years old to be eligible for the Services and the access of the Website. You are only entitled to register and maintain one (1) Account;
- During the registration, you are required to provide Aino your personal information including your full name, date of birth contact details and such other information as may be required by us in such form as may be prescribed by us;
- We are entitled to decline your registration as a user of the Services in the event you shall fail to meet the criteria under Clause 2.1 (a) and/or fail to provide the required information under Clause 2.1 (b) and/or any such information is found to be false, inaccurate and/or incomplete; and
- You shall ensure at all times that the Services used by you are in accordance to the Terms only and the same shall apply to any person(s) allowed or authorized by you to use the Services.
- During the registration process you agree to receive promotional or marketing emails from the Website. You can subsequently opt out of receiving such promotional e-mails by clicking on the unsubscribe link at the bottom of any promotional email.
3. Access and Use of the Services and Website
3.1 You acknowledge that your username and password for your access to the Website shall be maintained with strictest confidentiality and we shall not be held liable for any damage or losses arising from such failure to maintain the said username and password. Any unauthorized use of your password or account must be notified to us.
3.2 We may, from time to time and without giving any reason or prior notice, modify, upgrade, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and we shall not be held liable for any affected use of the Website or the Services or any damage or losses arising from any such modification, upgrade, suspension, discontinuance of or removal of the Website or the Services.
3.3 You shall comply with any and all the guidelines, notices, policies and instructions pertaining to the use or access of the Services and/or Website, as well as any revisions issued by us from time to time. We reserve the sole and absolute right to revise these Terms at any time and you shall be responsible for regularly viewing the information for the Terms including but without limitation to any changes and/or revisions to the same. Your continued use of the Services after the effective date of any revisions and/or changes to the Terms shall constitute unconditional acceptance by you of such revisions and/or changes and you shall be bound by the same. If you do not accept such revisions and/or changes, you may discontinue using the Services, failing which you are deemed to have accepted the revisions and/or changes.
3.4 While using the Services and/or the Website, you shall undertake NOT to:
- use the Services and/or the Website for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Services and/or the Website;
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- affect other Customer’s utilization and enjoyment of the Services and/or the Website;
- use any software or material that contains, or which you have reason to suspect that contains, viruses, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Website or Services; and
- use the Website or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable law.
3.5 In respect of the management of the Services and/or the Website, we reserve the right to:
- monitor, screen or otherwise control any activity, content or material on the Website and/or through the Services. We may at our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action as we shall deem appropriate;
- report any activity we suspect to be in violation of any applicable Law to the appropriate authorities and to co-operate with such authorities in regard of any such violation; and/or
- request any information and data from you in connection with your use of the Services and/or access of the Website at any time and to exercise any of our rights herein if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
4.1 No Order in respect of any Products and/or Services shall be valid or binding between you and us until an invoice is issued and a written confirmation of dispatch of Products is provided.
4.2 Purchase may be made by placing and completing the order form on the Website and you shall be responsible to ensure the accuracy of the Order. We shall not be liable for losses incurred by you for any inaccurate Order.
5.1 Whilst we make best efforts to ensure all details, descriptions and prices on the Website are accurate, there may be some instances where errors may occur. As such, we reserve the right to refuse or cancel any Order. In the event that a Product is mispriced, our customer service team will contact you to reconfirm your order at the correct price. Notwithstanding the foregoing, we will have the right to refuse or cancel any such Orders whether or not the Order has been confirmed and your credit card charged. If we are unable to contact you, we will treat the Order as cancelled. If you cancel your Order before we have issued an Order Confirmation to you, and you have already paid for your Order, you will receive a full refund.
5.2 We shall be entitled to, at any time, revise the prices of any particular Products and you shall be deemed to be aware of and be bound by any such revised prices upon it being publicized or displayed on the Website.
- Where applicable, prices are in Malaysian Ringgit and are exclusive of any taxes, duties and levies including, but not limited to, sales and service tax and are in Malaysian Ringgit imposed or may be imposed by the relevant authorities from time to time (“Taxes and Duties”). Unless otherwise exempted under the applicable laws or regulations, we shall be entitled to charge the applicable Taxes and Duties at the prevailing rate and you shall be liable to pay such Taxes and Duties in addition to the price and/or any amount payable under your Order. You further agree that, in addition to other rights under these Terms, in the event of an introduction, imposition or variation of any law, order, regulation or official directive or any change in the interpretation or application thereof by the relevant authorities, which in our sole opinion may have an impact on the pricing and payment terms relating to the Products and/or Services, we reserve the right to review, amend and adjust such terms as we deem fit.
- Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
- We are under no obligation to fulfil your Order if the price listed on the Website is incorrect or if we are out of stock (even after your Order has been acknowledged by us).
- You can pay using any of our payment partners listed on our Website or as otherwise notified to you.
- Once payment is successfully made, we will send you an Order Confirmation.
6. Refusal of Order
6.1 We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. Whilst we endeavour to use our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our absolute discretion.
6.2 If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
6.3 We will not be liable to you or any other third party by reason of our withdrawing any Products from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an Order.
7.1 We aim to deliver the Products to you at the place of delivery requested by you in your Order and the delivery period and time as indicated in the FAQ section (as updated in the confirmation of dispatch).
7.2 The estimated delivery periods for different Products will differ and are usually stated under the FAQ section in our website or as otherwise notified to you. There may be delays for backorder Products (which will be shown as “Out of stock”) due to unforeseen circumstances during the shipping process or inadequacies on the factories’ side etc. For such circumstances, cancellation of orders/refund of orders are not applicable if the delay is no more than 2 weeks. No refunds/store credits will be issued once payment for the backorder has been made, regardless of reason once we issue an Order Confirmation. In case of insufficient quantity or defects upon backorder items’ arrival or the backorder items’ arrival has been further delayed from the initial timeframe, our customer service team will contact you within seven (7) business days thereon whereby we will notify you the extended delivery timeframe or the Customer may request for cancellation and refund.
7.3 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.4 Upon delivery of the Products, you may be required to acknowledge receipt of the said delivery.
7.5 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.6 We deliver in our standard packaging. For the passing of risk in the Products please refer to Clause 15 below.
7.7 If you are not available to take delivery or collection, the Third Party Providers may leave a card giving you instructions on either re-delivery or collection from the carrier. You shall be responsible to pay for any additional costs and expenses for re-delivery of the Products.
7.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Products to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for any fee and other costs reasonably incurred by us; or
- no longer make the Products available for delivery or collection and notify you that we are immediately cancelling the applicable Order, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Products, and any storage fees as provided for in clause 7.8 (a) above).
7.9 You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
8. Cancellation/ Exchange
8.1 There will be no cancellation allowed after you have placed an Order unless it is in accordance with Clause 7 above or unless you are expressly allowed to cancel the Order pursuant to the Terms herein.
8.2 No exchange is allowed as well unless it is in accordance with Clause 9 below.
9. Faulty Products
9.1 All Products descriptions, information and materials posted on this Website are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
9.2 Products image as seen on the Website may differ slightly from the actual Products that you receive.
9.3 If the Products you receive is faulty, please contact our Customer Service Team, whose information can be found under the FAQ section within 48 hours from your receipt of the Products and provide your Order number, your name and address, details of the Products, including photographs of the Products and the reason for refund/ exchange (“Request”).
9.4 Upon receipt of the requested details stated in Clause 9.3 above, we will examine it and we will advise you on the status of the refund or exchange (if any) via email as soon as practicable.
9.5 In the event we deem the Products is not faulty, we may at our discretion decide not to refund or exchange you for the Products, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
9.6 For the avoidance of doubt, all requested information must be received by us to our satisfaction in order for a Customer to be eligible for a refund/ exchange. You shall ensure that the information provided to us is accurate and not misleading, failing which we reserve the right not to process your refund / exchange.
10.1 We may, under certain circumstances and without prior notice to you, at our sole discretion, terminate your Order and/or this agreement. Causes for such termination shall include without limitation:
- if you commit any breach of any of the Terms;
- if you do anything which in our determination may damage the reputation of Aino, the Services and/or the Website;
- if we are required by the law, statute, enactment, directions, regulations, code or any relevant authorities;
- if it is at our determination that the Products and/or Services may be used fraudulently, illegally or for unlawful purposes in breach of the Terms;
- if you are adjudged a bankrupt or commit an act of bankruptcy;
- if there is an application or order is made for winding up against you (if applicable); or
- any other reasons which we shall deem fit and appropriate.
10.2 Upon termination of your Account and/or provision of the Services, any Terms herein which are by their nature and context intended to survive such termination shall so survive.
10.3 Upon termination of your Account and/or provision of the Services, you shall not be entitled to claim any compensation, loss of income or goodwill against Aino, and Aino shall not be liable for any loss or damages arising therefrom.
11. Disclaimer of Liability
11.1 The content displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Aino, its representatives, 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 in no event 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 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 (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Aino had been advised by the Customer of the possibility of incurring the same.
11.2 Save for circumstances provided herein, Aino, its representatives, content providers and advertisers is not liable for any loss, damage or liability of any kind suffered by Customer or any third party directly or indirectly caused by the Products, and the Customer shall indemnify Aino against each loss, liability and cost arising out of such claims.
11.3 We will not be responsible for any loss or damages suffered by you resulting from the act, omission, negligence, fraud or misrepresentation of our Third Party Payment Providers or any third party providers (collectively, the “Third Party Providers”). To the extent permitted under the law, we disclaim any liability including any express or implied warranties for any services provided by the Third Party Providers. You acknowledge that, in addition to anything provided herein, no representation has been made by us as to the fitness of the Third Party Providers’ products and/or services for your intended purpose.
11.4 Our liability to you under these Terms for any Order shall be capped at the total amount actually received by us from you.
You agree to indemnify, defend, hold harmless Aino, its directors, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages and/or costs (including but not limited to, legal and other professional fees) arising from your use of this Website or your breach of these Terms.
13. Force Majeure
13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a the Order and/or Terms attributable to any cause beyond our and/or our Third Party Providers’ reasonable control for any force majeure event (“Force Majeure Event”), which is anything or any event which is regarded as being beyond the control of a party and including, but is not limited to, acts of God, acts or omissions (including material alternation) of any government or any rules, regulations or orders of any governmental authority or any office, department, agency or instrument thereof, epidemic, outbreak of diseases, quarantine, fire, storm, flood, earthquake, accident, acts of public enemy, acts of terrorism, war, rebellion, insurrection, riot, invasion, strikes, or lockouts, or other industrial disputes (except any strikes, lockouts or industrial disputes involving solely a party’s employees) which affect, prevent, prohibit or obstruct the performance of this Terms or to the extent it makes continuance of performance of the obligations hereinunder impossible.
13.2 In the circumstance that the Force Majeure Event lasts for more than two (2) weeks, either you or we may terminate the relevant Order and/or this agreement forthwith by written notice and without any liability other than a refund in respect of a Products already paid for by you and not delivered.
13.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure Event, we may decide at our absolute discretion which contracts we will perform and to what extent.
13.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
14.1 Any notice 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.
- Notices given by post shall be deemed to have been served with two (2) business days of being posted to the recipient’s address within Malaysia.
- Any notice given by email shall be deemed to have been served within two (2) business days of the email being sent.
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.
15.0 Risk and property of the Products
15.1 Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery. All risk in the Products shall pass to the Customer upon delivery, except that, where delivery is delayed due to a breach of your obligations under the Terms , risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss, damage and/or destruction of the Products. Any breach of obligations by you, might impact your ability to shop on the Website in the future.
15.2 Notwithstanding delivery and the passing of risk in the Products and any other provision of these Terms, the property in the Products shall not pass to the Customer until Aino has received payment in full.
15.3 Until such time as the property in the Products passes to the Customer, the Customer shall hold the Products as Aino’s fiduciary agent and bailee.
16. Intellectual Property Rights
16.1 All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Aino or its Third Party Providers and is protected by intellectual property laws and treaties around the world. All such rights are reserved by Aino, its licensors or its Third Party Providers, as the case may be. 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.
16.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Website are intellectual properties of Aino in Malaysia and other countries. Aino’s intellectual properties may not be used in connection with any product or service that is not provided by Aino, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aino. All other intellectual properties not owned by Aino that appear on the Website are the property of their respective owners.
16.3 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event Aino becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
16.4 If you print, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Aino or its licensors.
16.5 You shall, in addition to any other rights and remedies available to us in contract or otherwise, fully indemnify us for any loss, damage, claim, proceeding, fine and penalty incurred by us as a result of your breach of this Clause 16.
No failure or delay by us or you in exercising any right under these Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms.
If any clause in these Terms or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or all or any of your rights or obligations under these Terms.
Nothing in these Terms or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
21. Third party Rights
No person who is not a party to these Terms or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms or that Contract its assent to any such term.
22. Governing Law
These Terms (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
23. Personal Data
You grant us a non-exclusive licence to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, ratings, reviews, comments, and suggestions (collectively, “Submissions”). When you post your Submissions to the Website, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
25. Links & Sharing
Any links or opportunities to share (via social media, blogs, and similar sites and communication services) on the Website are provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that are linked to or from the Website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
26. Customer Service Team
If you have any questions, queries or complaints, you may contact us at firstname.lastname@example.org or +60128543099 and we will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.