Terms & Conditions
In
General
Access to
and use of this Website and the products and services available through this
Website (collectively, the "Services") are subject to the following
terms, conditions and notices (the "Terms of Service"). By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. You should check this page regularly to take notice of
any changes we may have made to the Terms of Service.
Access to
this Website is permitted on a temporary basis, and we reserve the right to
withdraw or amend the Services without notice. We will not be liable if for any
reason this Website is unavailable at any time or for any period. From time to
time, we may restrict access to some parts or all of this Website.
This
Website also contains links to other websites, which are not operated by AZZARA
COTTONS (the "Linked Sites"). AZZARA COTTONS has no control over the
Linked Sites and accepts no responsibility for them or for any loss or damage
that may arise from your use of them. Your use of the Linked Sites will be
subject to the terms of use and service contained within each such site.
Privacy
Policy
Our
privacy policy, which sets out how we will use your information, can be found
at Privacy Policy. By using this Website, you
consent to the processing described therein and warrant that all data provided
by you is accurate.
Prohibitions
You must
not misuse this Website. You will not: commit or encourage a criminal offence;
transmit or distribute a virus, trojan, worm, logic bomb or post any other
material which is malicious, technologically harmful, in breach of confidence
or in any way offensive or obscene; hack into any aspect of the Service;
corrupt data; cause annoyance to other users; infringe upon the rights of any
other person's proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as "spam"; or attempt to
affect the performance or functionality of any computer facilities of or
accessed through this Website. AZZARA COTTONS will report any such breach to
the relevant law enforcement authorities and disclose your identity to
them.
We will
not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due
to your use of this Website or to your downloading of any material posted on
it, or on any website linked to it.
Intellectual
Property, Software and Content
The
intellectual property rights in all software and content made available to you
on or through this Website remains the property of AZZARA COTTONS or its
licensors and are protected by copyright laws and treaties around the world.
All such rights are reserved by AZZARA COTTONS and its licensors. You may
store, print and display the content supplied solely for your own personal use.
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.
You shall
not modify, translate, reverse engineer, decompile, disassemble or create
derivative works based on any software or accompanying documentation supplied
by AZZARA COTTONS or its licensors.
Terms of
Sale
By
placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and
confirmation of the order price.
Dispatch
times may vary according to availability and any guarantees or representations
made as to delivery times are subject to any delays resulting from postal
delays or force majeure for which we will not be responsible. Please see our Delivery & Return Policy notice for further
information.
In order
to contract with AZZARA COTTONS you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. AZZARA COTTONS
retains the right to refuse any request made by you. If your order is accepted
we will inform you by email and we will confirm the identity of the party which
you have contracted with. This will usually be AZZARA COTTONS or may in some
cases be a third party. Where a contract is made with a third party AZZARA COTTONS
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorised user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
- Pricing and Availability Whilst we try and ensure
that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of
any goods which you have ordered we will inform you of this as soon as
possible and give you the option of reconfirming your order at the
correct price or cancelling it. If we are unable to contact you we will
treat the order as cancelled. Within Malaysia delivery costs is FOC,
whilst International Delivery costs will be charged in addition; such
additional charges are clearly displayed where applicable and included in
the 'Grand Total'.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies - Payment Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
- Discount Codes Promotional discount codes
- We may from time to time offer promotional discount codes which may
apply in respect of any, or certain specified, purchases made though this
Website.
The conditions of use relating to any discount code will be specified at the time of issue.
Disclaimer
of Liability
The
material displayed on this Website is provided without any guarantees,
conditions or warranties as to its accuracy. Unless expressly stated to the
contrary to the fullest extent permitted by law AZZARA COTTONS and its
suppliers, 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 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
or the Linked Sites 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. This does not affect AZZARA COTTONS's
liability for death or personal injury arising from its negligence, nor for
fraudulent misrepresentation, misrepresentation as to a fundamental matter or
any other liability which cannot be excluded or limited under applicable
law.
Linking
to this Website
You may link
to our home page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
You must
not establish a link from any website that is not owned by you.
This
Website must not be framed on any other site, nor may you create a link to any
part of this Website other than the home page. We reserve the right to withdraw
linking permission without notice.
Disclaimer
as to ownership of trade marks, images of personalities and third party
copyright
Except
where expressly stated to the contrary all persons (including their names and
images), third party trade marks and images of third party products, services
and/or locations featured on this Website are in no way associated, linked or
affiliated with AZZARA COTTONS and you should not rely on the existence of such
a connection or affiliation. Any trade marks/names featured on this Website are
owned by the respective trade mark owners. Where a trade mark or brand name is
referred to it is used solely to describe or identify the products and services
and is in no way an assertion that such products or services are endorsed by or
connected to AZZARA COTTONS.
Indemnity
You agree
to indemnify, defend and hold harmless AZZARA COTTONS, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party
claims, liability, damages and/or costs (including, but not limited to, legal
fees) arising from your use this Website or your breach of the Terms of
Service.
Variation
AZZARA COTTONS
shall have the right in its absolute discretion at any time and without notice
to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any
part of the Terms of Service is unenforceable (including any provision in which
we exclude our liability to you) the enforceability of any other part of the
Terms of Service will not be affected all other clauses remaining in full force
and effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints
We
operate a complaints handling procedure which we will use to try to resolve
disputes when they first arise: ContactUs if
you have any complaints or comments.
Waiver
If you
breach these conditions and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these
conditions.
Governing Law and Jurisdiction
These
terms and conditions are to be construed in accordance with the laws of
Malaysia and in the event of any dispute or claim associated with these terms
and conditions, that dispute or claim shall be subject to the exclusive
jurisdiction of the Malaysian courts.
Entire Agreement
The above
Terms of Service constitute the entire agreement of the parties and supersede
any and all preceding and contemporaneous agreements between you and AZZARA COTTONS.
Any waiver of any provision of the Terms of Service will be effective only if
in writing and signed by a Director of AZZARA COTTONS.