TERMS AND CONDITIONS OF SALE

 

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY GOVERN YOUR PURCHASE OF OUR PRODUCTS AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU WHICH SHALL BE READ TOGETHER WITH OUR PRIVACY POLICY.

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1. Acceptance of These Terms. You (“Customer”) may place orders for Products with Gerek Ventures (“Gerek Ventures,” “we,” “our”) via our website (www.gerekventures.com) managed by Gerek Ventures or, in certain circumstances, over the phone. “Products” collectively means any and all items being sold by Gerek Ventures to Customer. By placing an order for our Products, you consent to these terms and conditions of sale (“Terms”) and acknowledge that we will only furnish the Products subject to these Terms. If you choose not to accept these Terms, please immediately discontinue your access to this website and/or refrain from placing an order for the Products. To the maximum extent permitted by applicable law: (a) unless expressly agreed to in writing by Gerek Ventures, any term or condition in any order or other form or correspondence that purports to add to or is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever; and (b) Gerek Venture’s right to require strict observance and performance of each of these Terms shall not be affected by concurrent waiver of any other of these Terms or by any previous course of dealing.

2. Orders. All orders are subject to Gerek Venture’s acceptance. This means that Gerek Ventures may refuse to accept any order, for any or no reason, and without liability to you or anyone else. Where we cancel any order which we have previously confirmed, then where practicable, we will notify you of the reasons as soon as we are reasonably able to do so. If you choose to purchase a Product or service, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by Gerek Ventures). You agree to pay all fees and other charges incurred in connection with your username and password for your Gerek Ventures account. If your credit card has already been charged for an order that is later cancelled, Gerek Ventures will issue you a refund. Please note that Gerek Ventures is not able to accept orders from outside, or for delivery to locations outside, Malaysia.

3. Price. All prices are subject to change up to the time you place your order and it is accepted by Gerek Ventures. Prices for products displayed on this website exclude shipping charges, which are calculated and displayed depending on the shipping option for the item you select when you finalise your purchase. Prices for products displayed on this website are, and all purchases made via this website are transacted, in Malaysian Ringgit. Please note the prices on the websites may differ from those in stores that stock Gerek Ventures products, as these stores are independent to Gerek Ventures. Gerek Ventures reserves the right to amend pricing for any pricing errors displayed due to human error, computer malfunction or other reason. Where a pricing error is identified after you have submitted an online order, Gerek Ventures will notify you of any error in pricing as soon as reasonably practicable and you may elect to not proceed with the purchase of any Product/s where the price has been corrected.

4. Taxes. The prices quoted for the Products sold hereunder do not include any foreign, federal, state or local sales, use, value-added, excise, gross receipts or any similar transaction or consumption taxes, tariffs, duties or other charges imposed on or measured by the use or sale of Products (collectively, “Taxes”). Customer shall pay, and reimburse Gerek Ventures if it pays, any Taxes, except for those based on Gerek Venture’s income. If Gerek Ventures is required by any governmental authority or agency to collect and pay any Taxes on Customer’s behalf, Gerek Ventures may invoice Customer for such amounts including any interest or penalty assessed thereon.

5. Payment. All orders must be paid in full prior to shipment. All payments for purchases made through Gerek Venture’s website are handled by our online payment processing provider, Adyen. Further information about Adyen and online payments is available here. The following payment types are accepted: MasterCard and Visa. Payment information is submitted by Customer upon the placement of any order and fulfilment and shipping of the order is subject to verification of payment information and availability of funds.

6. Delivery and Risk of Loss. For domestic shipments, Gerek Ventures shall ship Products F.O.B. Gerek Venture’s facility. Title and all risk of loss or damage to the Products shall pass to Customer upon delivery of the Products to the carrier for shipment. Although Gerek Ventures is authorized to make shipping arrangements on Customer’s behalf and except as otherwise provided, Customer shall be responsible for all costs and expenses associated with shipment of Products. Notwithstanding anything in these Terms to the contrary, any timeframe provided by Gerek Ventures is a good faith estimate of the expected delivery date. Gerek Ventures will use commercially reasonable efforts to fill Customer’s orders within the time stated but in no event shall Gerek Ventures be liable for any damages associated with Gerek Venture’s inability to meet any such timeframes or deadlines.

7. Returns. Except as otherwise provided herein, once an order has been placed by Customer and accepted by Gerek Ventures, Customer may not cancel such accepted order without Gerek Venture’s prior written consent. Customer may return Products for a refund of the purchase price (not including initial shipping charges) plus any applicable tax. Customer shall arrange for and pay return shipping expenses.

8. Product Changes. Gerek Ventures may make any change in the design of or specifications for, or in the way it manufactures or produces any Product if such changes are necessary or desirable to improve the safety or performance of such Product. Further, Gerek Ventures may furnish suitable substitute Products or components for Products or components which are unobtainable by Gerek Ventures because of any priorities, rules, regulations or the like established by governmental authorities or agencies, or due to price changes or the non-availability of materials or components from suppliers. Customer may not make any changes in the designs or specifications for the Products unless Gerek Ventures approves of such changes in writing, in which event Gerek Ventures may impose additional charges to implement such changes.

9. Not for Resale. Customer agrees and represents that he or she is buying the Product(s) for his or her own use and not for resale.

10. Governing Law/Jurisdiction. These Terms shall be governed and construed in accordance with the laws of Malaysia.

11. Reservation. Gerek Ventures reserves the right to refuse to sell Products to anyone for any reason, in its sole discretion.

12. Dispute Resolution. This Agreement is to be governed by and construed in accordance with all applicable laws in force in Malaysia from time to time. The Parties agree that any and all disputes, controversies or conflicts arising from or in relation to this Agreement, including disputes on its existence, validity, conclusion, binding effect, breach, amendment, expiration and termination shall be referred to and finally resolved by arbitration in Malaysia administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Rules for Arbitration of the AIAC for the time being in force, which rules are deemed to be incorporated by reference in this section. The seat of the arbitration shall be Malaysia. The tribunal shall consist of one (1) arbitrator, to be appointed by the AIAC. The language of the arbitration shall be English.

13. Privacy Policy. Where Customer provides Gerek Ventures with any personal information, Gerek Ventures will deal with that personal information in accordance with its Privacy Policy which describes how Gerek Ventures uses Customer's personal information, explains how Customers can seek access to or correct personal information and other important details and you hereby consent to the processing of your personal information in accordance with the said Privacy Policy.

14. Entire Agreement. These Terms constitute the entire and only agreement between Gerek Ventures and Customer, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

15. Severability. In the event that any provision of these Terms is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in these Terms.

16. Exclusivity. The parties’ rights, liabilities, responsibilities and remedies with respect to the Products shall be exclusively those expressly set forth in these Terms. The waivers, releases, limitations on liability and on remedies expressed in these Terms shall apply even in the event of the default, negligence, breach of contract, strict liability, of the party released or whose liability is limited and shall extend to their directors, officers, and employees.