Terms & Condition

 

 

This page (together with the documents referred to) contains the Terms & Conditions (the “Terms & Conditions”) on which we supply any of the products (“Product”) listed on our website at  shop.malayaoptical.com (the “Site”) to you.

 

You are strongly advised to read the Terms of this Agreement from the beginning to the end. If accepted, failure to do so would not render the terms and conditions herein invalid or unenforceable.

 

IF you do not agree to the Terms and Conditions herein, please leave this Site immediately.

 

 

INTERPRETATION

 

"Malaya Optical Uptown Sdn Bhd” is a company registered in Malaysia with number 537028-P (“Company” or “Us”)

 

Interpretation

 

“Account" means the account that you will need to register for on the Site if you would like to submit or place an Order on the Site;

 

"Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

 

"Business Day" means a day which is neither (i) a Saturday or Sunday, or (ii) a public holiday anywhere in Malaysia;

 

“Company” or “Us” or “We” means Malaya Optical Uptown Sdn Bhd (Company No. 537028-P) a company registered under the law of Malaysia

 

"Contract" means your Order of a Product or Products in accordance with these Terms & Conditions;

 

"Customer" means an individual who places an Order on the Site;

 

“Product” means any items listed for sale and purchase on the Site including but not limited to sunglasses, frames, prescription lenses and contact lenses.

 

"Liability"” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms & Conditions, including, without limitation, liability expressly provided for under these Terms & Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms & Conditions; 

 

“License” means the licenses to use as defined herein unless stated specifically otherwise;

 

"Order" means the order submitted by you to the Site or to purchase a Product from us;

 

“Site” or “Website” means the website with the domain name “shop.malayaoptical.com”

 

"you" or “User” means the Customer who places an Order and/or any individual who access this website.

 

 

LICENSE TO USE

 

Upon to the acceptance of the Terms of Use herein, you are granted a license to use the Website subject to the terms and conditions herein (“License”). This License is non-exclusive and may be revoked at the sole discretion of the Company, subject to the terms and conditions herein.

 

Notwithstanding the grant of the License, you are not allowed to:-

 

(i)        you will not copy, distribute, or make derivative works of the Site in any medium whatsoever;

(ii)       you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes;

(iii)      you will adhere to the privacy law and shall not in any manual or automated manner collect Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, image (copyrighted or otherwise) or otherwise misuse or misappropriate the Product information or content, including but not limited to, use on a "mirrored", competitive, or third party site; and

(iv)      you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws of your respective country of usage.

 

 

REPRESENTATION ON CAPACITY TO PURCHASE

 

By placing an order through the Site, you represent and warrant that you are at least eighteen (18) years old and have legal capacity to enter in to a binding contract.

 

Disclaimer on Purchase:

 

For the order for prescription glasses and contact lenses or any products sold by Us so required, you hereby confirm that you have, prior to placing the order, consulted and obtained a valid prescription from a qualified and registered Optometrist and/or Optician and/or Eye Doctor. “Qualified” is to mean an individual who has the necessary qualification and registered with the relevant governing body and holds valid license(s) and certificate(s) to hold him or her as an optometrist or optician or doctor within the region where you are making the order. You understand that the risk of failing to do so is solely yours and we shall not be responsible for any failure to do so or for any products so ordered.  

 

We shall not be liable for any loss, damages, injury and/or death as a result therefrom or the failure therefrom. You will be solely liable and responsible for your own action under these circumstances.

 

 

ORDERING & CONFIRMATION PROCESS

 

Upon selecting a Product that you wish to Order, you will then be shown or told (on the Site) the price and associated charges including but not limited to Sales and Service Tax (at the prevailing rate) and any applicable delivery charges.

 

You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, by Molpay or by Paypal, or by WeChat or any method which may be prescribed by us from time to time, which we require in order to process your order and payment. We shall not be bound to supply any product or fulfil any Order before we have received cleared funds in full.

 

We reserve the right not to accept certain forms of payment, at our sole discretion and to refer you to our other acceptable forms of payment. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and not otherwise.

 

Your Order shall remain only as a valid offer until we issue our Confirmation of Order or, if earlier when we receive your notice revoking your Order. We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stated that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our sole discretion refuse to accept an Order from you, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).

 

Acceptance shall take place when we expressly accept your Order by email to you, in the of a document called a “Your order has been shipped” stating that we are accepting your Order.

 

Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have canceled your Order before we have accepted it, then we will refund any payment already made by you or your credit or debit card company to us for the order of the Product.

 

We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products. You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.

 

 

Product and Pricing Disclaimer :-

 

We have taken all steps reasonable to ensure that the details, specification, attributes, branding & pricing of the product as stated in our Website and/or given to you or quoted to you is accurate and correct to the best of our abilities and knowledge. The price of your Order will need to be validated by us as part of our acceptance procedure and if the details, specification, branding & pricing for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price. We reserve the right to change, alter and/or amend the prices on the Site without prior notice to you, and the prices shown on the Site is merely an indicative price and the final price shall be shown via the invoice. In the event of any doubt, the price or figure stated in the invoices shall be final.

 

 

INVENTORY AND DELIVERY

 

Inventory

 

Shop.malayaoptical.com keeps as close as possible to a full inventory of all major leading brands of contact lenses and also color contact lenses.

 

If your order is a popular brand and your Sphere / Power is within the normal range less than -6.00, we usually would have stocks available and would be able to ship it out within twenty-four (24) hours.

 

If your order is a unique brand and your Sphere / Power is outside of normal range more than -6.00 or with Astigmatism or with Addition Power or special base curve (B.C), we usually would take up to seven (7) to fourteen (14) working days to be shipped out.

 

If you place an order near or during peak holiday periods including but not limited to Chinese New Year, Hari Raya, Deepavali, Christmas, and New Year, it would take longer for the products to be shipped out taking into consideration of the public holidays.

 

If you place an order during weekends/public holidays, we would only start processing the order once our online team is back to work.

 

If you place an order for popular brand Colour Contact lenses, we usually would have stock but only the most popular colors. If you ordered a unique color, then, it would take up to three (3) to seven (7) working days to be shipped out.

 

 

Delivery

 

We shall deliver the Product to you at the place of delivery requested by you in your Order and within the time indicated by us at the time of your Order. As such time indicated is merely an estimate and we reserve the right to amend the indicated time frame, shall any circumstances arise that delay or prolong the delivery time. We shall endeavor to let you know if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

 

On delivery of the Product, you may be required to sign for the delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for the delivery. You need to keep the receipt of the delivered Product in case of future discussions with us about it. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.

 

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within three days of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

 

charge you for our reasonable storage fee and other costs reasonably incurred by us; or no longer make the Product available for delivery or collection and notify you that we are immediately canceling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

 

It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have and, when not, that fitting is subject to imperfections and misspecifications from your side.

 

 

Shipping Information

 

We use the best & most reliable courier service. To ensure that your order reach you promptly and safely, do provide us with an address that is able to receive the parcel during delivery hours such as an office address or the address of your place of work. This will avoid any issue of non-delivery.

 

Within Klang Valley via Various Courier 

 

Within Rest of Malaysia via PosLaju

 

Outside of Malaysia via DHL Express or FedEX or TNT Express

 

Important Notes

 

  1. Delivery Time = Shipping Time + Transit time

 

Delivery Time is the time it takes to reach your desired shipping address. Shipping time is the time it takes the courier company to reach the destination excluding transit time if applicable. Transit time only applies to international orders where the parcel needs to clear the custom, duty, and tax of each respective country.

 

  1. Delivery Time displayed above represents the number of business days after the goods leave our warehouse. It is provided as an informational purpose only and used as a guideline.

 

  1. We are not responsible for any delay by different countries customs clearance procedure or the respective Postal services delay in handling the mail parcel.

 

  1. Shop.malayaoptical.comis NOT responsible for any sales taxes, VAT, duties or any other fees applied by the customs service in your country.

 

  1. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them separately.

 

  1. Once the order leaves our warehouse, we shall not be liable for any risk of the product and it shall be solely with the carrier during transit.

 

 

CANCELLATION

 

We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

 

 

RETURNS & RETURN PROCEDURE

 

Change of Mind

 

Irrespective of your other rights for faults with the product, you may cancel a contract and return any delivered product to us for any reason at all if you are not happy or not satisfied with it, provided that you must have notified us in writing within forty eight (48) hours of delivery of the product that you wish to cancel the applicable contract and to return the product at your risk. The notice must be sent in writing to shop.malayaoptical@gmail.com . Once you are in the possession of the goods you are under the duty to retain them and ensure that they are in its original condition. The product must be returned to us in its original condition. Should you want to return the goods directly to us, please post them to:

 

Mail: 

 

Malaya Optical Uptown Sdn Bhd

71, SS21/37 

Damansara Utama

47400 Petaling Jaya

Selangor DE

MALAYSIA

 

Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days after in receipt in the ordered Product in its original condition. In the case of a product purchased with gift vouchers or promotional vouchers, the terms and condition of the said Voucher shall apply including but not limited to refund any amounts due to you for cancelled and returned products by providing you store credit in the value of the order.

 

 

Return Procedure for Defective Products

 

[Upon Receiving Contact Lenses]

 

Check for Opened Seal on Packaging, Packaging defects and Prescription Error eg Power, CYL, Axis, BC, Dia & Color: -

 

- any defects on the Product must be reported within forty eight (48) hours of receiving the goods. If there is no defect reported, the Product so ordered shall be considered to be received in Perfect Conditions.

- All unopened goods must be kept unopened and returned unopened.

 

Step 1: Take a Photo of defective product

 

Step 2: WhatsApp to +6011-12323715

- Order ID

- the photo of the defect product

- Explanation or comments.

 

We will get back to you with our management decision and solution within forty (48) hours. If it's our fault, we would provide a refund via Voucher with an expiry of 1year from date of purchase.

 

 

[While Using Contact Lenses]

 

- Check for Blister Opened, Prescription Error, Lens Defect, Torn, Warp and Color inconsistency

- Must report within 6months of receiving the goods, otherwise considered in Perfect Conditions.

- All Blister and defected contact lenses must be returned.

 

Step 1: Take a Photo of defective product

 

Step 2: WhatsApp to +6011-12323715

- Order ID

- the photo of the defect product

- Explanation or comments.

 

We will get back to you with our management decision and solution within 48hours. If it's our fault, we would provide a refund via Voucher with an expiry of 1year from date of purchase.

[Exchange for different brand or prescription]

 

In any event, that you accidentally purchased the wrong contact lenses or decided to change brands or prescriptions, don't worry. We will try to accommodate any changes that you might need if we can.

 

Step 1: Ensure that the products are unopened or damaged and its minimum expiry is 1 year's time.

 

Step 2: Ship back to us at your own cost to

 

Shop.malayaoptical.com

71, SS21/37 Damansara Utama

47400 Petaling Jaya

Selangor DE

Malaysia

 

Step 3: Whatsapp us at 01112323715

- Order ID

- Your shipment tracking number

 

We will get back to you with our management decision and solution within 48hours.

 

We are not liable for shipping lost and Shop.malayaoptical.com has full discretion to replace or decline in any circumstances. Please take note that we would only start processing any replacement after receiving the goods.

 

 

FAULTY PRODUCTS

 

We warrant that the Product will be delivered undamaged in the quantities ordered; and the Product will conform with the manufacturer's latest published information as set out on the Site or in our Product material at the time of your Order.

 

Minor differences in material, colour, weight, measurements, design and other features might occur to the extent that they are reasonable. The product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the product strictly in accordance with those instructions. We only endeavor to deliver Products in good condition.

 

However, if the Product is faulty, you agree to keep the Product in its current condition available for us (or our suppliers) to inspect within a reasonable time. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including, you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and you providing us with the delivery note number and such other information as we reasonably require.

 

If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and after conducting our internal investigation, we find that the Product has:

 

  1. been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or, been involved in any accident or damage caused by an incorrect attempt at modification or repair; or been dealt with or used contrary to our or the manufacturer's instructions for the Product; or

 

  1. deteriorated through normal wear and tear, after delivery by us,

 

we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result. We are also not responsible for publishing our internal findings to you and any decision so made shall be final and not subjected to any further review or appeal.

 

VOUCHERS

 

You may use a valid promotional voucher, as issued by us or approved by us, as payment in part or in full for the Products on the Site subject to the terms and conditions of the said voucher. The said voucher may be transferable subject to the terms and condition of the said voucher. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to take such necessary action deemed fit including closing your Account, suspending or terminating your account, barring further access to the said account and/or require a different means of payment. We assume no liability for the loss, theft or illegibility of promotional vouchers.

 

General Conditions for the redemption of promotional vouchers:

 

From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site and upon the redemption and usage of the same, you are deemed to agree to the terms and conditions herein and the additional terms and conditions specific to the Voucher. 

 

Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions. 

 

The credit of a promotional voucher cannot be used to pay for products from third parties other than us and cannot be exchanged for cash. 

 

If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.

 

The credit of a promotional voucher does not accrue interest nor does it have a cash value. 

 

If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.

 

No compensation will be given in the event that the Voucher has expired or has become invalid for any reason whatsoever.

 

Further conditions may be set out in the Voucher itself. Kindly refer to the respective voucher(s) for further information.

 

LIMITATION OF LIABILITY

 

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:

 

  1. the performance, non-performance, purported performance or delay in performance of these Terms & Conditions or a Contract or the Site (or any part of it or them); or

 

  1. otherwise in relation to these Terms & Conditions or the entering into or performance of these Terms & Conditions.

 

We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

 

We shall have no Liability for:

 

loss of revenue;

loss of actual or anticipated profits;

loss of contracts; loss of the use of money;

loss of anticipated savings;

loss of business;

loss of operation time;

loss of opportunity;

loss of goodwill;

loss of reputation;

loss of, damage to or corruption of data;

any indirect or consequential loss.

 

GUARANTEE AND COMPLAINTS MANAGEMENT

 

We shall perform our obligations under these Terms & Conditions with reasonable skills and care. We place great value on our customer satisfaction. You may contact us at any time using the contact details given in these Terms & Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint.

 

In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.

 

In the event of a complaint it will help us if you can describe the matter of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within three Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.

 

DATA PROTECTION

 

Please see our Privacy Policy which forms part of these Terms & Conditions.

 

CIRCUMSTANCES BEYOND OUR CONTROL

 

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any Act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

 

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered). If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

 

TERMINATION

 

We may terminate the applicable Contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.

 

Termination of a Contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a Contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

 

NOTICES

 

Any notice shall be in writing and such notice(s) or legal proceedings may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other and it shall be deemed as though the received by the intended recipient after two (2) business days. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.

 

GENERAL

 

We shall keep a record of your Order and these Terms & Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms & Conditions, your Order, the Acknowledgement and the Confirmation of Order. No failure or delay by us in exercising any right under these Terms & Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms & Conditions.

 

If any clause in these Terms & Conditions or shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms & Conditions shall be capable of continuing in effect without the unenforceable term.

 

You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms & Conditions or all or any of your rights or obligations under these Terms & Conditions.

 

No person who is not a party to these Terms & Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms & Conditions its assent to any such term. These Terms & Conditions (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysian Law.

 

Both we and you hereby submit to the exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

 

AMENDMENT TO TERMS & CONDITIONS

 

We reserve the right to amend these Terms & Conditions at any time. All amendments to these Terms & Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms & Conditions. No other terms or changes to the Terms & Conditions shall be binding unless agreed in writing signed by us.

 

If you have any comments or suggestions, we would be pleased to receive them by emailing us at shop.malayaoptical@gmail.com Alternatively you may call us on +6011-12323715 – this number is ready to receive calls from 9am and 6pm on Monday to Friday.

 

Notice: The above Terms & Conditions are Malaya Optical Uptown Sdn Bhd copyrighted intellectual property. This means any use by third parties for commercial services or intellectual consideration is an infringement that may be subjected to a legal action.

MYR