1.1 In these Conditions:
“Buyer” – means the person who accepts a quotation of the Seller for the sale of the Goods or whose order for the Goods is accepted by the Seller.
“Goods” – means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions and any goods supplied in substitution for or in replacement of or in addition to such goods.
“Seller” – means Dea April Sdn Bhd (registered in Malaysia under number 1287289-K) registered office at No 8-07-03 Jalan Medan 7A, Bangi Sentral, Seksyen 9 Bandar Baru Bangi, 43650, Kajang Selangor, email firstname.lastname@example.org
“Conditions” – means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller.
“Contract” – means the contract for the purchase and sale of the Goods.
“Writing” – includes letter, email and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.4 These Terms and Conditions apply whether you purchase the Sellers Goods from either the Malaysia or outside of the Malaysia.
1.5 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.6 These are the terms and conditions on which the Seller supplies their Goods to you. We strongly suggest these terms are read carefully before submitting any orders to the Seller. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sellers website or use any services provided by the Seller. These terms provide important information from the Seller, including, basis of the sales, delivery terms, liabilities and indemnities, changing or ending the contract, and what to do if there is a dispute.
1.7 The Seller strongly recommends that the Buyer seeks medical advice before starting any weight loss or nutritional programme. The information provided by the Seller (Dea April) is not medical advice or a substitute for medical treatment.
1.8 The images of the products on the Sellers deaapril.com, are for illustrative purposes only. Although every effort is made to display the colours accurately, the Seller cannot guarantee that a device’s display of the colours accurately reflects the colour of the products, therefore, the product may vary slightly from those images.
1.9 The packaging of the product may vary from that shown in images on the Sellers website.
2. Basis of the sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. However, where the Good’s correct retail price at the time of the order is less than that stated on the Sellers website the Seller will charge the Buyer the lower amount. If the Good’s correct retail price at the time of the Buyers order is higher than the price stated on the Sellers website the Seller will contact the Buyer for their instructions before accepting the Buyers order. If the Seller accepts and processes the Buyers order where a pricing error is obvious and unmistakeable and could reasonably have been recognised as a mispricing, the Seller may end the contract and refund the Buyer any sums paid. In such instance, the Seller will require the return of any goods provided to the Buyer.
2.6 The Seller reserves their right to withdraw any of the Sellers products shown on their website at any time without notice.
2.7 The Seller reserves their right to change the product to reflect changes in relevant laws and regulatory requirements at any time without notice.
3. Orders and specifications
3.1 The Buyer must be 16 years or older, have a valid email address and be accessible by telephone.
3.2 No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed by the Seller or their authorised representative. The Buyer will receive an “Order Confirmation Email” from the Seller once the order has been accepted by the Seller, at which point the Contract between the Buyer and Seller will come into existence. PLEASE KEEP HOLD OF THE ORDER CONFIRMATION EMAIL as it also provides your returns information should you need to return Goods to the Seller. The Order Confirmation Email will also contain the Buyers assigned order number, which will be required when contacting the Seller, and delivery tracking details. If the Seller is unable to accept the Buyers order, the Seller will inform the Buyer in writing and no charges will be made to the Buyer for the Goods. Reason for non-acceptance may be, but is not limited to, due to the product being out of stock, because of unexpected limits on the Sellers resources which could not be reasonably planned for, because the Seller has identified an error in the price or description of the Goods, or because the Seller is unable to meet a delivery deadline set by the Buyer.
3.3 The quantity, quality and description of and any specification for the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s order (if accepted by the Seller).
3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements.
3.5 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller. Where the order is so cancelled with the agreement of the Seller the Buyer shall indemnify the Seller in full against all losses incurred, which may include damages, charges and expenses incurred by the Seller as a result of the cancellation. However, in limited circumstances, those where the Buyer has made a reasonable and obvious genuine mistake, the Seller may at their discretion revise the order upon the Buyers early request via email at email@example.com
4. Price of the goods
4.1 The price of the Goods (which includes VAT, in line with the present-day VAT rates at the time of the order) shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the order.
4.2 Except as otherwise stated under the terms of any quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all Goods prices given by the Seller are exclusive of delivery charges.
5. Terms of payment
6.1 The cost of delivery will be as displayed on the Sellers website.
6.2 The Seller will inform the Buyer of the estimated delivery date of the Goods at the time the order is placed. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any reasonable delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Seller will inform the Buyer of any substantial delay in writing and will take all appropriate and reasonable steps to minimise the duration of the delay. Orders can be tracked by the Buyer using the link provided in the Order Confirmation Email from the Seller.
7. Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer from the time the Seller delivers the Goods to the delivery address provided by the Buyer or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivered of the Goods.
7.2 Not with standing delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and payment in full of all sums due from the Buyer to the Seller whether under the Contract or by virtue of any other liability of the Buyer to the Seller. Until such time as the property in the Goods passes to the Buyer the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, the Seller is entitled to full payment of the price of the Goods and any delivery or other costs incurred by the Seller in steps taken to recover the Goods.
8. Warranties and liability
8.1 The warranty is given by the Seller subject to the following conditions:
8.1.1 The Seller shall be under no liability in respect of any defect arising from willful damage, negligence, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alternation of the Goods without the Seller’s approval.
8.2.2 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
8.2.3 The above warranty does not extend to Goods not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
8.3 Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976 the statutory rights of the Buyer are not affected by these Conditions.
8.4 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (sections 13 and 14 Sale of Goods Act 1979 / sections 9, 10 and 11 Consumer Rights Act 2015) ) (whether or not delivery is refused by the Buyer) be notified to the Seller within 30 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.5 Any claim by the Buyer which is based on short delivery or non-delivery shall be notified to the Seller in Writing (in the case of short delivery) within 7 days of the delivery date and (in the case of non-delivery) within 30 days of the order date for the Goods which the Buyer claims have not been delivered. If the Buyer does not notify the Seller accordingly the Buyer shall not be entitled to reject any goods that have been delivered and the Seller shall have no liability for such short delivery or non-delivery.
8.6 Where the Buyer elects to exercise their legal right to reject the Sellers Goods based on any defect in the quality or condition of the Goods (section 19(3), 20 and 22(1) Consumer Rights Act 2015), the Buyer is required to email the Seller at firstname.lastname@example.org with details of the defect within 7 days of the delivery date, and return the Goods back to the Seller using the cheapest mode of postage and via the returns procedure provided in the Sellers Order Confirmation Email (section 20(7)(b) Consumer Rights Act 2015). PLEASE DO NOT RETURN THE PRODUCTS TO OUR ADDRESS. The Seller will reimburse the Buyer all postage costs if upon inspection of the Goods the Seller agrees that the goods are defective. Where any valid claim in respect of any of the Goods which is based on defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions the Seller shall be required to reimburse the Buyer any postage costs and replace the Goods or (refund to the Buyer the price of the Goods) (or a proportionate part of the price) (sections 19(3), 20(7)(a), 23 and 24 Consumer Rights Act 2015), but the Seller shall have no further liability to the Buyer. The Seller is under a legal obligation to supply products that are in conformity with this Contract. This means that the Goods must be as described, fit for purpose and of satisfactory quality
8.7 Where the Seller fails to comply with any of the terms of this Contract, the Seller will be responsible for loss or damage suffered by the Buyer that is a foreseeable result of the Sellers breach of contract or the Sellers failure to use reasonable care and skill. However, the Seller will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Seller and Buyer could reasonably foresee the event might happen, for example, if the occurring event was discussed during the sales process.
8.8 The Seller does not exclude or limit in any way their liability to the Buyer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Sellers negligence; for fraud or fraudulent misrepresentation; the right to pass the title in the Goods (section 12 Sale of Goods Act 1979 / section 17 Consumer Rights Act 2015); for breach of the Buyers legal rights in relation to the products including the right to receive products which are: as described (section 13 Sale of Goods Act 1979 / section 11 Consumer Rights Act 2015); of satisfactory quality and fit for purpose (section 14 Sale of Goods Act 1979 / sections 9 and 10 Consumer Rights Act 2015); supplied with reasonable skill and care.
8.9 Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer (with the Sellers written approval), except as expressly provided in these Conditions.
8.10 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
8.10.1 Act of God, explosion, flood, tempest, fire or accident;
8.10.2 War or threat of war, sabotage, insurrection, civil disturbance, or requisition;
8.10.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.10.4 Import or export regulations or embargoes;
8.10.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
8.10.6 Difficulties in obtaining raw materials labour, fuel, parts or machinery;
8.10.7 Power failure or breakdown in machinery.
9. Data Protection Act 1998
9.1 The Seller will use any personal information provided by the Buyer in the following way (Please also refer to our full Privacy and Cookies policy);
9.1.1 To supply the products to you;
9.1.2 To process your payment for the products; and
9.1.3 To inform you of similar products that we provide. You may unsubscribe from this services at any time.
9.2 We will only provide your personal information to third parties where the law either requires or allows us to do so.
9.3 In the event that the Buyer transfers all or any of their rights and obligations under their agreement to a third party, the Seller may transfer information about the Buyer to enable the third party to enforce their rights or comply with the obligations.
10.1 The Seller retains the right to transfer their rights and obligations under these terms to a third party.
10.2 The Buyer may only transfer their rights and obligations under these terms to a third party with the written consent of the Seller. The Buyer must contact the Seller at email@example.com and await a written approval from the Seller before any transfer to a third party takes place.
10.3 This contract is between the Seller (Dea April Sdn Bhd) and the Buyer. No other person shall have any third-party rights to enforce any of its terms.
10.4 Alternative dispute resolution (“ADR”) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider.
10.5 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party given the notice.
10.6 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.7 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.8 The contract shall be governed by the laws of Malaysia and is subject to the exclusive jurisdiction of the courts of Malaysia.