As our valued customer, we, Deep Living Sdn. Bhd., would like to familiarize you with the process of dealing with us in the purchase of any of our products (“Product”), so as to ensure that your Deep Living experience is a satisfying one. Please feel free to speak with one of our sales consultants if you have any further questions.
1.1 An order for a Product is placed with us when you sign and/or submit to us an order confirmation in such form as may be prescribed by us from time to time (“the ORD”). For the avoidance of doubt, a mere acknowledgment of our receipt of the ORD shall not be construed as our acceptance of your order of a Product.
1.2 Your order for a Product is only accepted by us when:-
1.2.1 We have either countersigned the ORD or sent to you a written notification confirming our acceptance of your said order as set out in the ORD;
1.2.2 We have sent our tax invoice to you (“the Invoice”) for the Price of the Product (as defined in Clause 1.3 below); and
1.2.3 We have received from you the full amount of the Deposit (as defined in Clause 2.1.1 below).
1.3 In these Terms and Conditions, the “Price of the Product” shall mean the sale price of a particular Product which is inclusive of the applicable goods and services tax (“GST”).
2.1 The Deposit:
2.1.1 For an order of a Product, you shall pay to us in advance a deposit equal to 50% of the Price of the Product (“the Deposit”). At all times where a Product remains undelivered, you are required to maintain with us the Deposit for that Product.
2.1.2 Our receipt of the Deposit shall be a condition precedent for our acceptance of your order for that Product.
2.1.3 For the avoidance of doubt, we shall only proceed to make arrangements for the manufacture and/or supply of a Product only after our receipt of the Deposit for that Product.
2.1.4 Except as otherwise expressly provided herein, the Deposit shall be non refundable.
2.2 The balance amount:
2.2.1 Unless expressly provided otherwise in these Terms and Conditions, you shall pay to us the Price of the Product less the amount of the Deposit, without any deduction, set-off or counterclaim, prior to our delivery of that Product to you.
2.3 The ownership of a Product shall only pass to you upon our receipt of the Price of the Product (which shall include the GST thereon) as stated in the Invoice. Until we receive full payment of the Price of the Product, the ownership of the Product shall remain vested with us.
2.4 Undercharging by us for a Product: In the event that a Product is undercharged by us for any reason whatsoever, we shall have the right to:-
2.4.1 Request from you the difference between the actual price of that Product (which shall include the GST thereon) and the Price of the Product; and
2.4.2 Issue you an additional invoice for the said difference or to revise/amend the Invoice to take into account the said difference.
3.1 All delivery dates provided by us (whether stated in the ORD, the Invoice or otherwise) are estimates only. Accordingly, we shall not be responsible and shall not accept any liability for not being able to deliver a Product within the specified time resulting from shipment/delivery delays from our suppliers.
3.2 Delivery times will be arranged with you in advance.
3.3 We will provide one (1) free delivery to one (1) address within the Klang Valley area for a minimum nett purchase of RM2,500 (for a Product or multiple Products). For a nett purchase of less than RM2,500 (for a Product or multiple Products) or for any delivery out of the Klang Valley area or if more than one (1) delivery is required, an additional transport fee of an amount to be advised by us separately for each delivery (“the Transport Fee”) shall be payable by you.]
3.4 You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the Products. Any additional costs in relation to effecting delivery of the Products into your premises, eg, the use of a crane, are your responsibility and you shall pay for such additional costs immediately on demand. If it is not possible for the Products to be delivered into your premises, and unless you then accept delivery of the Products under such circumstances, the Products will be returned to our warehouse and you will be invoiced for the Transport Fee for any transport and re-delivery.
3.5 We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the Products delivered on the same terms and conditions as set out herein. Failure to deliver all the Products you have ordered shall not invalidate the contract as regards any part deliveries.
5.1 You are required to inspect the Product for any defects when you take delivery of it. Please note that scar and wrinkle are natural characteristics of leather and cannot be considered as defects. Similarly, lines appearing on fabricated plastic surfaces are not considered as scratches but are manufacturing characteristics and hence not deemed to be defects.
5.2 You will be required to note any defects of the Product on the delivery documentation which is presented to you by the carrier for signature. In all other cases, you will be required to notify us in writing of any defect or shortage within seven (7) calendar days of delivery. We will not be liable for any defect or shortage to a Product unless we are notified within the time period as specified. Unless the Product is defective, and we are duly notified as outlined above, we shall be unable to refund, exchange or credit your account with us.
5.3 Once the defect or shortage is verified by us, we will arrange to collect the Product immediately from you whilst we resolve the issue. Please note that a loan piece will not be provided as part of the resolution.
5.4 For a Product that is on sale and/or is showroom piece, that Product is sold on a ‘as is condition’ basis and you are deemed to have acknowledged and accepted this basis when you make payment prior to the delivery of that Product.
Except as otherwise expressly provided herein, we shall not accept the return of a Product which has been delivered unless it is with our prior written consent and agreement. Only a return authorised by us will be accepted and our acceptance of any return of a Product shall be subject to such terms and conditions as we may prescribe at our sole and absolute discretion.
- Our liability
7.1 Except as otherwise agreed by us, our warranty for manufacturing defects of the Product sold to you shall be in accordance with that given for European Union fabricated products, which is usually for two (2) years from date of delivery.
7.2 Our said warranty shall only apply to a Product that is used in the manner it was intended for. Where a Product is not used for its intended purpose, our said warranty for the Product will be voided and we will not accept any liability for any damages to the Product.
- Personal Information
Unless otherwise expressly notified by you in writing, your address and contact details may be used by us and/or our subsidiaries and/or related companies to provide marketing information to you about our Products and events.
- Cancellation of Orders
9.1 We shall have the right to cancel your order for a Product (which had been accepted by us) at any time and for any reason whatsoever without your prior consent or agreement by giving you written notice of such cancellation. Upon such cancellation of your order for a Product by us, the following provisions shall apply:-
9.1.1 We shall no longer be obliged to deliver that Product to you; and
9.1.2 We shall immediately refund to you, without any interest or compensation, the Deposit and all other payments which you have made to us with regards to that Product; and
9.1.3 Upon such refund being made to you as mentioned in Clause 9.1.2 above, you shall have no further claims against us arising out of or in connection with the said cancellation of your order.
9.2 Where Clause 2.4 (Undercharging by us for a Product) above applies and you do not wish to pay for the difference between the actual price of the Product and the Price of the Product, you shall have the option to cancel your order by giving us written notice of such cancellation. In the event of your cancellation of your order pursuant to this Clause 9.2:-
9.2.1 We shall no longer be obliged to deliver that Product to you; and
9.2.2 We shall immediately refund to you, without any interest or compensation, the Deposit and all other payments which you have made to us with regards to that Product; and
9.2.3 Upon such refund being made to you as mentioned in Clause 9.2.2 above, you shall have no further claims against us arising out of or in connection with the said cancellation of your order.
9.3 Except as otherwise expressly stated herein, once an order has been accepted by us, no cancellation of that order by you is valid unless you receive our written notification confirming the cancelled order. In the event of your cancellation of an order of a Product, the following provisions shall apply:-
9.3.1 For a Product that was in-store or in our warehouse in Malaysia at the time you ordered, the cancellation charge shall be equivalent to 10% of the Price of the Product;
9.3.2 Where the Product you ordered needs to be manufactured, the cancellation charge shall be equivalent to:-
(a) 10% of the Price of the Product, if the manufacture of that Product has not yet commenced at the time of our written notification confirming the cancelled order.
(b) 50% of the Price of the Product, if the manufacture of that Product has already commenced but has not yet been completed at the time of our written notification confirming the cancelled order.
(c) 90% of the Price of the Product, if the manufacture of that Product has already been completed waiting shipping or shipped to us by our supplier at the time of our written notification confirming the cancelled order.
9.3.3 We shall immediately set-off the applicable cancellation charge against the Deposit and any payments made to us for the Price of the Product.
9.3.4 If the set-off referred to in Clause 9.3.3 above fully settles for the applicable cancellation charge, any balance of the Deposit and/or any payments made to us for the Price of the Product shall not be refunded to you in cash but shall instead be converted to a store credit with us which you may use in accordance with our policy for such store credit.
9.3.5 If the set-off referred to Clause 9.3.3 above does not fully settle the applicable cancellation charge, you shall pay the outstanding balance of the applicable cancellation charge to us immediately without any demand, deduction, set-off or counterclaim. Interest shall accrue on the outstanding balance of the applicable cancellation charge at the rate of 6% per annum from the date the outstanding balance became was payable to the date that it is fully paid.
- Governing Law
These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of Malaysia.