Terms & Conditions
TERMS AND CONDITIONS FOR ONLINE PURCHASE
In these terms and conditions, the "Company" will mean Premium Plus Asia Trading and the "Customer" will mean any person, firm, company or body which places an order with the Company. Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
Please also read these terms and conditions carefully and make sure that you understand them, before ordering any products from the site. Please note that by placing the orders at the website, you are willingly agree to the terms and condition.
1. You agree that the Company reserves the right to amend these terms and conditions at any time, in the Company’s sole discretion, by posting any such amendment(s) to the Company’s website without prior and separate notice.
2. Your continued use of the site or any part of it after an amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the site.
PRICE AND PRODUCT
3. The Company shall make every effort to ensure that prices, details, and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company's acceptance at its sole discretion and stock availability.
4. The Company shall make every effort to ensure products displayed on the website are in stock. If from time to time products become out of stock, the Company reserves the right to offer alternative product/s to the Customer of similar value and range.
5. Prices charged for purchases on this website may be different from those charged in our stores.
6. The prices charged are those applicable on the day you order.
7. All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested is unavailable. In the event that we are unable to fulfill any of the products or services in your order, we will notify you by phone or email.
8. All pictures and images of the products displayed on this site are for illustration purposes in order to help the customer to recognize the products only. The actual size, dimension, and color of the products may differ.
REGISTRATION AND ACCOUNT SECURITY
9. To register with the Company website, you must be over eighteen (18) years of age.
10. Customer is required to register before placing any order through this website. During the registration:
a. You must provide us with accurate, complete and up to date registration information;
b. You must safeguard your username and password;
c. You authorize us to assume that any person using the site with your username and password is either you or is authorized to act for you.
11. The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any customer for any reason whatsoever.
12. Customer must inform our Customer Service Hotline +6019-277 2788, self-update in www.heartandsparks.com profile or email us at [email protected], immediately of any changes to the information that you provided so that we can communicate with you effectively.
13. Customer shall be liable for every order made under your login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this website using your login.
14. Should you find any unauthorized use of your login, you shall notify the Company immediately and effectively.
15. Once you have selected a product that you wish to order via www.heartandsparks.com, you will then be shown (on the website) the charges you must pay including taxes, if applicable, and any applicable delivery charges.
16. Customer shall pay for the order in full at the time of ordering which we require in order to process your order.
17. We shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your order.
18. 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.
19. The Company may cancel an order 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. Refund will be credited into online account via coupon voucher. Request for refund in cash can only be process within 30 days after receiving account details frol the customer.
20. You are not allowed to cancel the order once a Confirmation of Order is issued. If you wish to seek further information or assistant, kindly contact our customer service hotline +6019-277 2788 or email to [email protected]
RETURN / REFUND
21. You shall examine the goods immediately upon collection / delivery for any deficiencies and/or damages. Claims (if any) must be lodged to our customer service hotline +6019-277 2788 at the time of collection/ delivery; otherwise, we shall have the discretion to refuse your claim.
22. For product collected from store which is found to be defective and/or is damaged inside the packaging after collection, you may return and bring back the defective product to the store where you collected the product within 7 days. You must present a valid receipt of the purchase for the return.
For home delivery, you may hand any faulty or damaged goods, or incorrect items back to the driver at the time of delivery, we will process the refund within 30 days. If you discover any defect or damage inside the packaging after the delivery process, please return the parcel at our nearest Watson’s store within 7 days, with valid receipt.
23. Exchange of the product or refund for the product can be arranged for the following reasons:
• If the product is obviously expired / damaged upon collection at the store / at time of delivery.
• If the product is expired / damaged inside packaging after collection/ delivery; and you contact customer service within 7 days.
• If the product ordered is different from the item collected at the store/ delivered.
24. We will inspect the returned product upon return by you. If one or more of the conditions in paragraph 23 above is fulfilled, you are entitled to choose between an exchange of the product if the product is available in our stock, or for a refund to be made to you through the Customer’s payment account (voucher redemption), after 30 days from the approved return date.
25. Goods returned for a refund shall be refunded at the price which you had paid at the point of ordering.
27. We accept payment by Avana Pay for most online internet banking Point Redemption (only applicable for Watsons VIP Card Member).Watson shall not be liable for any credit card fraud. Please note that we do not receive cash on delivery.
28. All product prices listed are in Ringgit Malaysia (RM).
29. To provide secure online commerce transactions, we employ Internet's Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose "Properties" & "Certificates".
30. The Company may from time to time set credit limits for individual customers and the Company reserves the right to limit sales including the right to decline sales to any customers.
31. Full payment in respect of an order must be made upon the placing of the order. If your payment cannot be processed, the order will be not be accepted and you are advised to contact your card issuer to resolve any problem concerning the use of your credit card in order to continue with the order.
32. We reserve the right to change the payment terms for any order without prior notice.
33. If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund, depending on the period of time your financial institution needs to arrange the refund. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in your financial institution processing the said refund.
34. Heart & Sparks eVoucher and eCoupon is redeemable on www.heartandsparks.com online purchase. Other voucher and coupon is not redeemable online.
GOODS COLLECTION (AT STORE)
35. Ordered products will be delivered within 3-5 working days from the day of confirmation of order is issued. A SMS Collect Notice will be sent to you via email and local SMS gateway to confirm the date of collection.
36. The point of collection is only applicable to upon appointment via customer service and notified confirmation via email/whatsap or sms.
37. If you are not personally available to collect at store, an authorized representative may collect on your behalf provided you had called customer service to update the representative information and the representative must be over 18 years of age. You or your representative may be required to produce proof of identity (SMS / EMAIL) on collection of products and you or your representative shall acknowledge receipt of the delivery.
38. Order will be cancelled if you do not collect the product within 14 days from the day of the SMS Collect Notice being sent. Refund will be granted in such event at the discretion of Heart & Sparks, and subject to deduction of administration costs.
39. We will not entertain any request for change of time and day after order confirmation is issued.
40. We reserve the right to withhold delivery of the products to you if we have any doubts whatsoever as to your credit worthiness or insufficient identification.
41. No delivery charges apply for orders collected in selected store. However, we reserve the right to charge RM10 administration charges / delivery charges for any other special redelivery arrangement or return request.
42. We shall deliver the products to the delivery address specified and keyed in by you on the order form. Your order will be delivered to you via the service of a courier service company appointed by Heart & Sparks.
43. We aim to deliver within the time frame indicated below but we are not able to guarantee any firm delivery dates upon order and 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.
Delivery time frame
3 – 5 working days
East Malaysia (included Labuan)
3 – 8 working days
Note: There is no delivery during Saturday, Sunday and Public Holiday)
44. On delivery of the product, you are required to sign for delivery. You shall examine the goods immediately upon collection for any deficiencies and/or damages before you sign for delivery. All risk in the product shall pass to you upon delivery.
45. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
46. Delivery Charges will be calculated based on the weight of the order received as below:
For order 2kg or less per delivery per location
For Order more than 2kg per delivery per location
RM7.00 for the first 3kg and RM1.00 for every additional kg or any part thereof
East Malaysia (Including Labuan)
For order 3kg or less per delivery per location
For Order more than 3kg per delivery per location
RM 20.00 for the first 3kg and RM8.00 for every additional kg or any part thereof
47. All goods must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the goods, he is entitled to ask such person to show an identity card to prove his/her age. If the person is shown not to be over 18 and no other person can receive the goods, Watsons shall not hand over the goods.
48. 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.
49. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks 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:
a. charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b. no longer make the product available for delivery or collection and notify you that we are immediately cancelling the order, in which case we will refund to you or your credit card company as applicable any money already paid to us under the order, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided).
50. If you request for redelivery, we are entitled to charge for providing the service.
51. It is the responsibility of the customer to notify Heart & Spaks immediately of any change to their delivery address.
52. We reserve the right to decline delivery of goods to any customer at our sole discretion absolutely.
53. Shipping fee cannot be paid by eVoucher & eCoupon.
55. We shall not be liable for any delay or failure in our performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond our control.
57. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
58. By accessing and using www.heartandsparks, you acknowledge and accept that the use of the site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to user the site. Without limiting the foregoing:
To the extent permitted by law, this site and all information and materials contained in it are provided “As Is” without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement. We have no liability or responsibility for any errors or omissions in the contents of the site, to the extent permitted by law. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the site/catalogue, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the site, whether for breach of contract, tortious behaviour, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the site/catalogue, or any uploading, downloading or publication of data, text images or other material or information to or from the site.