Online Trading Terms of 6IXTY 8IGHT
Thank you for visiting the website (hereinafter referred to as “the Website”) of 6IXTY 8IGHT CREATIVE FASHIONS SDN. BHD. (hereinafter referred to as “6IXTY 8IGHT” or “we” or “the Company”). 6IXTY 8IGHT CREATIVE FASHIONS SDN. BHD. is a limited liability company incorporated in Malaysia, with its registered address at C-2-3A, TTDI PLAZA, JALAN WAN KADIR 3, TAMAN TUN DR ISMAIL, 60000, KUALA LUMPUR, W.P. KUALA LUMPUR MALAYSIA.
The Company reserves the right to change the contents and privacy policies of the Website and these Terms at any time. Please note that the Company has the right to modify these Terms without prior notice. Therefore, you should periodically browse the Website to check if there is any updates or changes to the aforesaid privacy policies and these Terms.
These Terms set out the bilateral rights and obligations for the purchase of products or use of services by all users (hereinafter referred to as “you”) through the Website or any other related website belonging to the Company.
If you have any question about these Terms, please feel free to contact our customer service by email [email protected]).
For placing order through the Website (or any other related website belonging to the Company), these Terms will be the sole terms of service of the Company unless the Company makes a prior announcement or gives a written notice.
By placing an order on the Website (or any other related website belonging to the Company), you undertake and agree to accept the following terms:
- You must abide by all relevant laws and respect the rights of all persons concerned;
- You must abide by our online shopping procedure for placement of order;
- You must not upload any malicious program to interfere with the website experience of other users;
- You must not make any modification or interference to the Website without our consent;
- You can only make an inquiry or place an order by legal means;
- The order placed by you must be a reasonable order not involving any fraud or infraction;
- You agree that we can contact you through the contact information you provide;
- If you place any order deemed by the Company as unreasonable or illegal, we have the right to cancel the order and notify relevant institutions;
- You confirm that you have reached the legal age and can enter into a legally binding agreement (capacity for concluding an agreement in law);
- You undertake that the personal and payment information provided (including your name, email address, phone number, delivery address and etc.) are valid and correct.
- Intellectual property rights
You agree and understand that the intellectual property rights of all texts, audios or music, videos, images, photos and pictures, trademarks or/and all other materials on the Website are owned by the Company or have been duly authorized for use by the relevant intellectual property owners. The Website is for personal use only. Unless the Company specifically authorizes and permits any third party or individual entity to use its intellectual property rights, no one shall use any content or information on the Website.
You undertake not to copy, publish, sell or franchise any content on the Website without the prior consent or authorization of the Company to use any of its intellectual property rights. Any unauthorized act may result in civil legal consequences or criminal penalties.
- Order acceptance
You shall complete the online shopping procedure as instructed by the Website and submit your order by clicking “Authorized Payment”. After you have submitted the order, we will confirm receipt of your order and payment by sending a confirmation to the email you provide within approximately 1 day upon receipt of your payment. The aforementioned email merely serves as a receipt confirmation, but it does not mean we have accepted your order. In general, the Company will arrange for the delivery of the products you order and send you an email within approximately 3-7 days after confirming your payment. When we send you an email confirming that the products have been sent out, it means that your order has been accepted and you have entered into a contract with the Company.
The Company reserves the right to decide not to accept the order submitted by you for any reason, including but not limited to:
- the products ordered by you are out of stock; or
- the products ordered by you fail to meet our quality requirements,
- one or all of the products ordered are subject to delivery restrictions and the relevant order is thus withdrawn; or
- we fail to receive any confirmation of payment or authorization.
If the Company decides not to accept the order submitted by you for the above reasons, we will notify you via email and refund you in full the amount already paid (if any) by you as soon as possible.
- Product descriptions
The Company will make the greatest efforts to ensure the contents and product descriptions on the Website are accurate, complete and free from error. However, the Company cannot guarantee that all the descriptions of its products are accurate, complete and free from error.
If you believe there is any inconsistence between the products provided by the Company and the descriptions thereof, please contact the Company within seven days after receipt of the products.
All the prices shown on the Website are denominated in MYR.
All orders shall be subject to the prices set for individual products as shown on the Website, but the prices may deviate from the prices originally set by the Company due to human errors or system vulnerabilities. In the circumstance, all orders shall be subject to the prices originally set by the Company.
Save for obvious human errors, once your order has been accepted, you agree to pay as per the prices shown on the Website.
We will make every effort to ensure all the prices shown on the Website are accurate but cannot guarantee they are all free from error, and will reserve the right to correct any errors. If the Company finds the price of the products involved in your order is incorrect, we will contact you as soon as possible and notify you of the price originally set for the relevant products, and then you may choose to proceed with or cancel the order. If we fail to contact you after several attempts, your order will be deemed as cancelled, and we will return the full amount already paid by you.
You may choose to make payment in the following ways:
- Master Card,
- American Express,
- JCB China Union Pay, or
- Coupons issued by the Company
Please note that coupons will be used according to the terms set out on respective gift cards or coupons.
If any of the above credit cards or online payment methods is used, it means that you confirm to be the holder of the said credit card or online payment account, or that you have been authorized and permitted by the holder to use the said credit card or online payment account. In the event that your credit card issuer or online agency in charge of account payment, transfer and release refuses to authorize payment to the Company, the Company will automatically cancel your order without further notice.
Your credit card details will be encrypted when you provide on the Website your credit card information or the credit card information obtained as authorized by the credit card holder. The credit card information you submit will only be used to deal with your transactions and will not be stored in our system.
Please note that the Company will not be liable for any losses of any third party caused by its unauthorized obtaining of the information provided when you or holder of your credit card or payment account use/uses our service.
The Company will deliver the products you order in about 3-7 days upon payment confirmation and will provide an estimated delivery time by email (hereinafter referred to as “Delivery Confirmation”). Please note that the Company cannot make sure that the products can be served to you within the estimated time.
Your receipt of the Delivery Confirmation later than 15 days after payment confirmation is probably because of:
- force majeure (please refer to Article 10 of these Terms)
- wrong personal information, i.e. wrong receiving address; or
- During high season and sale, you may experience a longer than expected delivery time.
When taking delivery of products, you need to sign for confirmation of receipt of products. After signing, you begin to assume responsibility for the goods. If the receiver or consignee is not the original purchaser, or the products delivered are gifts, it means you accept the aforesaid persons’ signing for confirmation as evidence of delivery and that the Company has completed your order and accepts shift of relevant responsibility.
- Responsibilities and exemption terms
Unless required by laws, the Company shall not be liable for any direct or indirect loss arising from any contract or negligence. In any case, the Company does not guarantee that no error will appear when using the Website and service. In addition, the Company’s responsibility for the products is only limited to the amount of the relevant transaction.
As the system and electronic transmission involved on the online platform may go wrong or be intervened by a third party, we cannot ensure the accuracy and safety of the Website. The Company recommends that all users of the Website ensure their computers are safe and have been installed with the latest software, including antivirus software.
- Force majeure
If the Company is unable to fulfill its responsibility or obligation under these Terms due to an event beyond the control of the Company, the Company will define the event as a “force majeure” event. The Company will not be liable for any loss caused by any “force majeure” event.
“Force majeure” factors include but are not limited to:
- Natural disaster
- Social disruption
- Viruses, worms, Trojan Horse and other sudden hacking events that make it impossible to conduct the online transaction, and
- destructive programs that make it impossible to conduct the online transaction.
Therefore, when using the Website, you should weigh all potential risks or harms. The Company cannot ensure that your computer or software will not be damaged when you download or obtain information from the Website. Moreover, the Company will not be liable for any virus from the links of any third-party site.
- Waiver of contractual rights, compensation and exemption
The Company will reserve the right to pursue liability for any breach of the terms and conditions of the services.
Even if we do not take any action against your breach of the terms of service, it does not mean that we waive our rights to hold you accountable or release you from your contractual obligations or liabilities. Unless we have waived our rights in writing, we reserve our rights to pursue any breach of the terms and conditions of the services and to require you to strictly perform your contractual obligations.
If you violate the terms and conditions of the services and we have not taken any action against you, it does not mean that we waive the right to exercise our rights and take solutions in the case of other violations of the terms and conditions of the services.
In addition, you agree that we (including our employees, directors, agents, affiliated persons, licensors and suppliers) shall not be liable for all liabilities, claims, costs, damages and losses, including attorney's fees, arising from your breach of any terms and conditions of the services. This includes any other person using your account to use this Website due to your actions or lack of action.
If any provision or content of these Terms is deemed illegal or non-binding by the Malaysia or the relevant authorities, the provision shall be severable from other provisions and the remaining provisions shall remain binding.
- Governing laws and jurisdiction
These Terms shall be governed by the laws of the Malaysia. Any dispute arising out of or in connection with these Terms shall be governed exclusively by the courts of the Malaysia.