LEGAL
TERMS & CONDITIONS
PASTELSEY INSTALMENT PURCHASE SCHEME (“THE SCHEME”)
1. Binding Contracts
1.1 You must be the age of 18 years old and above and possess a valid credit or debit card issued by a bank acceptable to us for placing and order. If you are a minor, you should obtain your guardian`s approval and your application shall be apply by your adult guardian only who fulfilled the requirement as an applicant.
1.2 Please follow the instructions on this website to place an order. Each order is a binding offer by you to by the merchandise specified in the order (“The Product”) subject to these Terms.
1.3 Contracts will only be entered into through this Website and upon your acceptance of these Terms.
1.4 If Pastelsey or you have cancelled your order before Pastelsey accepted it, then Pastelsey will not refund any payment that were made to us for the order of the Product.
1.5 Pastelsey may in its discretion refuse to accept an order from you for any reason, including unavailability or Pastelsey may offer you an alternative Product (in which case Pastelsey may require you to resubmit your order first)
1.6 Your contract with us will solely be concluded in Malaysia.
1.7 Due to different technical characteristic and color setting of monitors, the color of the product may differ from that shown on the Website.
1.8 Pastelsey reserves the right to make changes to this Terms, in connection with which you undertake to independently monitor the presence changes in the Terms posted on the website from time to time.
2. PRICES AND PAYMENT
2.1 The purchase through The Scheme is of the saving concept whereby you shall fully paid the installment of the Product before you received the Product from Pastelsey.
2.2 An amount of RM 200.00 shall be paid as non-refundable deposit to Pastelsey. The supported payment methods include Credit Card/ Debit Card, Online Banking (FPX), RHB (Installment), Maybank Visa/Mastercard (Installment), Maybank AMEX (Installment) and CIMB (installment). For Online Banking (FPX) method, you may choose from the list of support banks including Maybank2UC, CIMB Clicks, Public Bank, Ambank, Hong Leong Bank, HSBc Bank, OCBC Bank, OUB Bank, BSN, standard Chartered, RHB bank, Affin Bank, alliance Bank (Personal), AGRONet, Bank Islam, Bank Muamalat, Bank Rakyat and KFH.
2.3 Unless otherwise stated on this Website or during the order process, you are solely liable for payment of any fees charged by your bank, card issuing company or other provider of your selected payment option. You shall warrants that all details you provide to us for the purpose of purchasing the Product from this Website will be correct, that the credit/debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. Pastelsey reserve the right to obtain validation of your payment details before providing you with the Product.
2.4 Products will only be delivered to you once your payment on the said Product had been verified by us. You should provide the proof of payment either through the method describe in 2.2 or by cash. We are not obliged to ship any Product without receiving the full payment for the Product.
2.5 The deposit is not refundable if you wish to cancel the order. You may however be allowed to find another purchaser to replace you for the transaction.
2.6 If there is no payment made within 6 months from the last payment, the deposit shall be forfeited. You shall receive products which will be of the same valued of your forfeited remaining balance of other payment which will depend on the availability of the stocks.
2.7 Pastelsey shall refund all payment by you if we do not have the specific ordered Product available in the stock.
2.8 Upon the death of the purchaser, the beneficiary of the purchaser shall be able to continue the payment and Pastelsey shall deliver the Product to the beneficiary upon full payment of the same. Unless the beneficiary chooses to cancel the transaction, Pastelsey shall forfeit the deposit and the balance purchase price and deliver a product which of the same value of the forfeited money.
3. DELIVERY
3.1 The costs of delivery or the threshold for free delivery will be as displayed to you on our Website or our sales team shall inform you.
3.2 By accepting this Terms, you confirm your consent and allow Pastelsey to disclose and transfer your phone number and other needed information to the Courier Service for making calls or sending SMS messages for the purpose of delivering goods. Confirmation of delivery is made by phone, email or via SMS.
3.3 Your failure to accept the Product maybe considered by Pastelsey as your refusal to accept the goods. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the Courier Service, Pastelsey may without prejudice any other right or remedy available to us:
i) may charge you for Pastelsey reasonable storage fee and other costs reasonable incurred by us and/or
ii) no longer make the Product available for delivery or collection and shall notify you immediately that Pastelsey is cancelling the Contract.
3.4 If it is not possible for us to deliver the products within the delivery period mentioned on our Website or order confirmation, we will inform you thereof and allow you terminate the Contract, in which case any payment made to us will be refunded. Your rights and remedies unaffected. The delivery time indicated on the Website is only an estimation which Pastelsey accept but cannot guarantee any firm delivery dates. To the extent permitted by law, Pastelsey shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any late delivery.
3.5 On the delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You shall keep receipt of the delivered Product in case of future discussions or dispute with us about it.
3.6 The risk of loss of or damage to the Products will pass to you when the Products are delivered to the address designated to the Contract. If the delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Pastelsey will not be liable for loss or damage of the Product.
4. PERSONAL DATA CONSENT
4.1 At the time you submit your personal information, advisable to submit the right information to avoid any circumstance later on. You may also being encourage to update Pastelsey regarding your latest information.
4.2 By any right, you may give a consent for Pastelsey to collect, use and kept your personal data information for any related company procedure regarding your purchase. Personal data will not be disclosed to any third party (disclosed), but with a purpose it is obtained and the data subject’s consent.
5. LIMITATION OF LIABILITY
5.1 Under no circumstances will Pastelsey be liable to you for any indirect, incidental, consequential or punitive damages, regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if Pastelsey has been advised of the possibility of such damages.
6. GOVERNING LAW AND DISPUTE RESOLUTION
6.1 These terms shall be exclusively governed by law of Malaysia. However, nothing in these Terms shall deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the applicable laws Courts of Malaysia shall have exclusive jurisdiction on these Terms.
