Term & Conditions

CREDIT

This website was created by https://rozzario.com/.

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our SDaliCreations use of cookies in accordance with the terms of SDaliCreations privacy policy.

In these terms and conditions, user or users means any third party that accesses the website and is not either (i) employed by SDaliCreations and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to SDaliCreations and accessing the website in connection with the provision of such services.

 You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

 SUPPLY OF GOODS TERMS AND CONDITIONS  

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

REFUND POLICY   

Unfortunately purchased pieces cannot be returned.

POSTAGE AND PACKAGING   

All orders are wrapped and packed securely to prevent the artwork being damaged in delivery. Shipping charges will be advised before purchase and will be added at check-out based on delivery address.

DELIVERY TIMES   

We will deliver the Goods, to the Delivery Location by the time or within the agreed period.

You may need to pay import duties or other taxes, if Goods are to be delivered outside Malaysia.  It is your responsibility to pay any import duties due on Goods supplied by SDaliCreations.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

If you are outside Malaysia, you may be charged taxes and duties when your parcel arrives in the country. This is your responsibility to pay.  Customs policies vary widely from country to country; you should contact your local customs office to find out more.

INTELLECTUAL PROPERTY

All content included on the website, unless uploaded by users, is the property of SDaliCreations, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without SDaliCreations prior written permission.

Unless otherwise stated, SDaliCreations and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view only subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution].

PROHIBITED USE  

You may not use the website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SDaliCreations express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without SDaliCreations express written consent.

LINKS TO OTHER WEBSITES  

This website may contain links to other sites. Unless expressly stated, these sites are not under the control of SDaliCreations or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

PRIVACY POLICY

Use of the website is also governed by our Privacy Policy  which is incorporated into these terms and conditions by this reference.

GOODS  

The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

PERSONAL INFORMATION 

 We retain and use all information strictly under the Privacy Policy.

BASIS OF SALE  

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

 PRICE AND PAYMENT  

The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the Order or such other price as we may agree in writing.

Prices and charges include GST (if implemented) at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

RISK AND TITLE  

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

WITHDRAWAL AND CANCELLATION 

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

 DEDUCTION FOR GOODS SUPPLIED  

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e., handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g., it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can email:

subitra@sdalicreations.com

EXCLUDING & LIMITATIONS OF LIABILITY 

SDaliCreations does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the SDaliCreations other legal obligations. Subject to this, the SDaliCreations is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because SDaliCreations believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

SDaliCreations will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SDaliCreations has been expressly advised of the potential loss.

RESTRICTED ACCESS

Access to certain areas of this website may be restricted. SDaliCreations reserves the right to restrict access to areas of this website, or indeed this entire website, at SDaliCreations discretion.

If SDaliCreations provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

SDaliCreations may disable your user ID and password in SDaliCreations sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to SDaliCreations a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to SDaliCreations the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SDaliCreations or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SDaliCreations reserves the right to edit or remove any material submitted to this website, or stored on SDaliCreations servers, or hosted or published upon this website.

Notwithstanding SDaliCreations rights under these terms and conditions in relation to user content, SDaliCreations does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied SDaliCreations makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, SDaliCreations does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

OTHER PARTIES

You accept that, as a limited liability entity, SDaliCreations has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against SDaliCreations officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph,  you agree that the limitations of warranties and liability set out in this website disclaimer will protect SDaliCreations officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SDaliCreations.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify SDaliCreations and undertake to keep SDaliCreations indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SDaliCreations to a third party in settlement of a claim or dispute on the advice of SDaliCreations legal advisers) incurred or suffered by SDaliCreations arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to SDaliCreations other rights under these terms and conditions, if you breach these terms and conditions in any way, SDaliCreations may take such action as SDaliCreations deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

VARIATION

SDaliCreations may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

SDaliCreations may transfer, sub-contract or otherwise deal with SDaliCreations rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

ENTIRE AGREEMENT

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and SDaliCreations in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with governing law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Malaysia.

SDaliCreations details

The full name of SDaliCreations owner is Subitra Dali.

You can contact SDaliCreations by email subitra@sdalicreations.com