TERMS & CONDITION
TERMS & CONDITIONS
1.1 In these general terms and conditions as well as on the Website, “Orga Mountainworks” or “OMW” or “we” refers to Orga Mountainworks, sole proprietorship company registered in Malacca, Malaysia as specified in the Schedule of the Registration of Businesses Act 1956 (ROBA 1956) & ROBA Rules 1957
2.1. These general terms and conditions apply to any and all offers by OMW for products to be sold on the Website (“Website”). By placing an order with OMW, you are agreeing and accepting these general terms and conditions.
2.2. Please note, these general terms and conditions can change at any time, and it is up to you to check these terms and conditions before ordering products in case there are any changes.
3. PRE-ORDER PROCEDURE
3.1. You can place pre-orders via the Website for the products that are shown on the Website at the prices indicated.
3.2. You may place an order on the condition that you:
3.2.1. provide your correct name and address, phone number, email address, payment details and other required information;
3.2.2 provide a delivery address
3.3.3 are the owner or authorized holder of a valid bank account or debit/credit card.
3.4. You will be provided with an opportunity to review your order, read and accept the general terms and conditions, check the total price of your order and the information you have provided and correct any input errors before confirming your order.
3.5. Your Sale Order that is placed does not bind OMW, but constitutes an offer from you to purchase the relevant product in consideration for payment of the applicable price. All orders are then subject to acceptance by OMW.
4. CONCLUSION OF CONTRACT
4.1. After receiving your order, OMW will check that the relevant product is in stock. If available, we will sent you a Sales Invoice with your preferred payment gateway.
4.2 The contract between you and OMW will only be validated when you pay the Sales Invoice and OMW received your payment.
4.2. OMW will not file an accessible copy of your contract, so you are encouraged to download, save and/or print a copy of your order confirmation and these general terms for your records.
5.1. The price that is payable for a product will be the price in effect at the time your order is placed and will be set out in the acknowledgement message to you or in your Sales Invoice.
5.2. All prices are including Government Sales Tax (GST).
5.3. All prices listed on the Website exclude the costs of delivery, which will be quote based on our delivery provider charge. This cost will added to the total price.
6.1. It is always possible that despite our best efforts, some of the products we sell may be incorrectly described or incorrectly priced on the Website. If an error relates to product for which you have placed an order, we will message you to inform you that we have not accepted your order, and that your order has been cancelled. You may re-order if you wish once we have corrected the error on the Website.
7. NON-DELIVERY AND TERMINATION
7.1 In case OMW discovers after conclusion of the contract that OMW can no longer deliver the ordered products due to a reason outside of OMW’ control (e.g. package is lost during shipment), OMW will be entitled to terminate the contract. OMW will, of course, inform the customer immediately and replace for other shipment.
8. PRODUCT CONFORMITY
8.1. The product will have the specification as indicated in the product description of the Website. The scope of the applicable after sales customer assistance is described on the Website. Despite our best efforts to display our products accurately, it is possible that the colors of our products displayed on the OMW Website may be inaccurate, as the monitor of your computer or mobile device used to view the Website may affect the appearance of the colors.
8.2. With regard to the specifics and nature of the relevant product, we urge you to carefully read through the care instructions that apply to the specific product prior to ordering the product. These care instructions can be found on the Website. If you have any questions, or doubts with regard to the product, we urge you to contact us prior to your purchase of the product.
8.3. We sell you the product with regard to the specific purpose for which the product was offered by us on the Website. We urge you to take notice of the product’s intended use prior to your purchase of the product; in order to ensure that you purchase a product that is suitable for your needs. In this regard, please ensure that the product is not used for another purpose then the purpose that is suggested by us. If the product is not used for its intended purpose, such use is likely to be detrimental to the quality, integrity, lifetime and appearance of the product and may even cause damage to the product or yourself.
8.4. The product will require your close attention with respect to maintenance, care and use on a continuous basis. The enjoyment and life expectancy of the product will depend to a substantial extent on the manner in which you will treat the product. In order to enjoy the product it is essential that you maintain it in accordance with the applicable care instructions that can be found on the Website. We urge you to take notice of these care instructions prior to your purchase of the products; this in order to ensure that you are aware of specific maintenance requirements prior to your purchase of the product.
8.5. Special attention should be directed to washing and cleaning the product: failure to adhere to the washing instructions or the use of improper detergents may cause rips, tears, fading, pilling, shrinking, or other damage (including color bleeding and loss of waterproof qualities) in/of/to the product.
8.6. Even if all care instructions are followed, it is however to be expected that the colors of the product will fade in time, due to weather, exposure to the sun and/or actual use thereof.
9.1. Payment for the products order can take place by the following means:
9.1.1 FPX payment gateway for Malaysia residence.
9.1.2 Paypal for International order.
10. DELIVERY FOR READY STOCK PRODUCT
10.1. OMW shall deliver any ready stock product ordered within 3 days after the order confirmation was sent by OMW to you.
10.2. Should the order not be delivered within 7 days, then you may terminate the contract and request a refund.
10.3. The product will be delivered to a postal address specified in Sales Invoice.
11. DELIVERY FOR PRE-ORDER PRODUCT
11.1. OMW shall deliver any ready stock product ordered within 60 days after the order confirmation was sent by OMW to you.
11.2. Should the order not be delivered within 60 days, then you may terminate the contract and request a refund.
11.3. The product will be delivered to a postal address specified in Sales Invoice.
12. RIGHT OF CANCELLATION
12.1. If you have placed your order and made payment as specified in Sales Invoice, but then wish to cancel it within 24 hours, you are entitled to get 50% refund.
12.2. If you have received your order but wish to return it due to any defect, contact us immediately and we will change it once the replacement item available in stocks.
12.3. For information on how to return your product, please contact us.
13.1. We are not liable or responsible for damage that occurs due to the fact that the product is not maintained in accordance with the care instructions or if the product is used for another purpose than for which it was sold.
13.2. We will not be liable to you for any indirect or consequential loss, any economic losses including without limitation, loss of profit, revenue or business or income, loss of goodwill or reputation arising out of or in connection with these general terms and conditions.
13.3. Nothing in these general terms and conditions shall exclude or limit our liability for death or personal injury to you resulting from our negligence.
13. PERSONAL INFORMATION
14. APPLICABLE LAW
14.1. All legal relationships between OMW and you are governed by the laws of Malaysia.
15.1. If OMW made any error with respect to the order, if you have any complaints or if you would like to contact OMW for other reasons, please use the information provided from this website.