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Canopy Home Terms and Conditions

Website usage terms and conditions

1. Access

1.1   You are provided with access to this Site in accordance with these Conditions and any orders placed must strictly be placed in accordance with these Conditions

1.1.1   We are Canopy Home and we own and operate this Site

1.1.2   Your use of the Site is subject to these Conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these Conditions.

1.2   We provide the Site on an ‘as is’ basis and make no representations as to the quality completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law we exclude:

1.2.1   All conditions, warranties and other terms that might otherwise be implied by law into these Conditions

1.2.2   Any and all liability to you, whether arising out of these Conditions or otherwise in connection with use of the Site.

Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded.

2. Our rights

We reserve the right to:

2.1   Modify or withdraw, temporarily or permanently, this Site (or any part thereof) with or without notice to you.

2.2   Restrict your access to the Site or part of it. If we grant you access to a restricted part of the Site we may withdraw permission at any time.

2.3   Make changes to our Conditions from time to time. We will notify you of these changes of use by posting the revised versions of these Conditions on the Site. You can determine when we last changed these Conditions by the ‘Last updated’ statement above.

2.4   Protect our Intellectual Property rights in the Site, including all of the text, pictures, videos and other content made available on the Site. You acknowledge and agree that:

2.4.1     All Copy Right, Trademarks and all other Intellectual Property rights which form part of the website shall remain at all times our property.

2.4.2     All material contained on this website is only available for your personal use, excluding commercial use.

2.4.3     You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly preauthorised and permitted by us.

2.5   If you in any way, whatsoever, breach clause 2.4 we reserve the right to claim damages against you, for your breach of our intellectual property rights and demand that you stop using the content taken from our Site immediately.

2.5.1     In the first instance of a breach being found we will write to you asking you to cease and desist from using our intellectual property rights immediately, whilst also invoicing you RM500 per image used plus legal fees of RM50  plus SST at the applicate rate.

2.52      Should you continue your unauthorised use of our intellectual property after receiving a written warning and invoice, we reserve the right to seek an injunction against you to prevent further infringement and claim further damages and legal costs on the indemnity basis. 

3. Use

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes, unless our written permission is given. Your use of the Site is conditional upon the rules set out in these Conditions and you agree that you will not:

3.1   use the Site for any fraudulent or unlawful purpose;

3.2   use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others privacy rights or rights of publicity;

3.3.   impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

3.4   interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available;

3.5   transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software of equipment;

3.6   remove any copyright, trade mark, or other propriety rights notices from the Site or materials originating from the Site;

3.7   frame or mirror any part of the Site without our express prior written consent;

3.8   reproduce the presentation of the Site.

4. Third party links

4.1   To provide suggestions or easier use we may provide links to other websites. You acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. Your use of the third party websites is at your own risk.

5. Privacy and Security

5.1   We will treat your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below.) We will keep it on a secure server and we will fully comply with all applicable Malaysia data protection and consumer legislation from time to time in place.

5.2   When you shop on the Site we will ask you to input and will collect personal information from you, examples being name, address, email address, telephone number, credit card details and passwords.

5.3   We use your personal information for the following purposes:

5.3.1   Processing your orders;

5.3.2   For statistical or survey purposes to improve our services to you;

5.3.3   To serve website content and advertisements to you;

5.3.4   To administer the website;

5.3.5   To inform you of any new products.

You agree that you do not object to us contacting you for any of the above purposes and you do not consider it to breach any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations. If you do wish to unsubscribe from our mailing list simply click on the unsubscribe link at the bottom of every marketing email and you will be opted out of all email communications. For any more information, please contact info@canopyhome.com.my.

5.4   We will take great care to ensure that you are able to purchase products from the Site with complete confidence. Please note your communication with our service is secure using 256 bit Secure Socket Layer (SSL) technology where supported by your browser. This means your personal details including payment details, are encrypted when transmitting to us.

5.5   To ensure the privacy of your payment details, when you ‘proceed to checkout’, secure pages are indicated by the address on the Address/Location bar changing from http:// to https:// and a padlock in the bottom right hand status bar of your web browser. It is your responsibility to check that these features appear to ensure a secure page.

5.6   We do not keep any credit card details on file ourselves. If you choose to save your payment details with us we use a trusted 3rd party who stores them on our behalf, and we are not able to access the full card details.

6. How to order our products

6.1   Orders can be placed online or by telephone.

6.2   Having placed an order online or on the telephone you will receive a total of three emails providing you have an email address:

6.2.1   The first email is a confirmation email which you should receive immediately after your order is placed. If for any unusual reason there is a problem you will be contacted promptly and if your order cannot be met or if there is a delay in dispatch you will be notified. We will not collect any funds until we are ready to dispatch your items except for Paypal transactions (see clause 10). Please not some banks will reserve the funds for a short period of time before payment is due. A confirm email does not guarantee that we can meet your order.

7. Payment

7.1   Payment when ordering online can be by credit and debit card, ipay88 or if you wish to pay in Ringgit Malaysia and have your goods delivered to Malaysia Peninsular  then you can pay by ipay88, payment is debited when the stock has been confirmed as ready for dispatch. Please note that we do not accept cheques or bankers drafts as a payment method. 

7.2   To ensure that shopping online is secure, your credit/debit details will be encrypted so as to minimize the risk of your details being read by an unauthorized individual as they are sent to us over the Internet

10.3   If payment for goods is made by bank transfer, goods will only be dispatched when the funds are cleared.

8. Contract

8.1 No contract will exist between Canopy Home and the customer until goods are dispatched. Acceptance will be deemed complete and effectively communicated at this time.

8.2 A legally binding contract is created when the goods are dispatched.

8.3 Ownership will pass when the goods are dispatched.

9. Right to cancel your contract

9.1   You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth working day from the date you receive the ordered goods.

9.2   You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.

9.3   You cannot cancel your goods if they are perishable.

9.4   To cancel your contracts please email us at info@canopyhome.com.my.

9.5   Orders are dispatched promptly, therefore we are unable to cancel or amend your order once you have received your order confirmation. If you still wish to cancel your order, please return your order once received, in accordance to our returns policy.

9.6  All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty & returns costs will be deducted from the refund.

9.7   Upon receipt of the goods we will credit the purchaser within 48 hours with the purchase price less any handling charge which may have been incurred. We will not be responsible for any refund of postage or carriage. We recommend that an insured service is used to ensure safe arrival of the return. Where the product has been damaged either while in the customer’s care, or on the return journey to Amara, we reserve the right to deduct the amount it costs to rectify the damage from the return amount.

9.8   If your goods need to be returned by freight you will be responsible for the cost of this, though it may be arranged by Amara Living if required.

9.9   Please note we do not have an exchange policy.

10. Cancellation by us

10.1   We reserve the right to cancel the contract between us if:

10.1.1   We have insufficient stock to deliver the goods you have ordered.

10.1.2   We do not deliver in your area.

10.1.3   One or more of the goods you ordered was listed as the incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

10.2   If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for consequential loss or disappointment suffered.

11. Delivery Policy

11.1   We provide a local delivery services. Once you have entered the delivery address, you would be informed with the delivery charges.

11.2   Shipping charge would be advised on your final amount of purchase before proceeding with the full transaction.

11.3   Your order will be delivered via the most suitable carrier, dependent on size and weight.

11.4   Once your order has passed your local Custom Duty, it would then be passed on to an internal postal service, according to standard delivery procedures.

11.5    If you are not present when your package arrives, the carrier will leave a card informing you where it is. It might be left in a safe place or there will be details on how to pick up your order or rearrange your order delivery.

11.6    Shipping period for cities in Malaysia would take two (2) to five (5) business days, whereas other countries would take between four (4) to fourteen (14) business days depending on the courier company.

11.7    Please be advised that on any public holiday dates in your country, deliveries would not be made. In this instance, please expect your order to arrive in the next business day.

11.8    We work closely with our shipping partner to minimize the potential impact of delays on our domestic and international customers. However, while we aim to ensure that all orders are received when expected, delivery to a remote destination is not always guaranteed to arrive within the specified shipping timeframe.

11.9    In the event whereby we cannot deliver to certain postcodes, we suggest that you select a different shipping destination, or alternatively, you can contact our customer care team at info@canopyhome.com.my or call Office Centre at +03-6178 5433  from 8.30am till 5.00pm to personally assist you on this matter.

11.10    We insure each purchase during the time it is in transit until it is delivered to you. Thus, we require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package.

11.11    Please note, that if no signature is collected upon the package arrival, you agree to our terms and conditions and, confirm that we can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware, that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur.

11.12    We will attempt to deliver your order to the delivery address stated on your order form. Canopy Home will not be liable for any missing parcels should the delivery address have been entered incorrectly. If products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we shall refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional costs charged to us by the courier company for returning the goods to us. If we have to re-dispatch the order, if it has been returned to us, for reasons outside of our control there may be a charge.

11.13    If a customer requires a parcel to be redirected because a wrong address has been given, there will be a redirect charge.

11.14    If the products we deliver to you are damaged or we have sent you the incorrect goods or quantity, please contact us within seven (7) days of delivery at info@canopyhome.com.my or call Office Centre at +03-6178 5433  from 8.30am till 5.00pm to personally assist you on this matter. We require you to notify us within seven (7) days to ensure a prompt response from us. Please do not sign for any packages that are damaged or opened. We cannot accept any liability for goods which are damaged or sent in error unless you notify us pursuant to these terms and conditions.

11.15    This policy is only applicable for purchase made in Canopy Home Online Store. Item(s) purchased through Canopy Home Offline Store shall not be entitled to this policy.

12. Liability

12.1  If the goods you receive are incorrect, damaged or defective, or you’ve received an incorrect quantity, we require you to notify us in writing at our contact address within 7 days of the delivery, this is extended to 14 days for Trade Account orders. We cannot accept any liability unless you notify us in accordance with these terms and conditions. For Trade Account orders, original packaging must be kept as proof of the condition the goods were received in.

12.2   If you do not receive the goods ordered within the date specified on the website we require you to notify us at our contract address within 30 days of ordering the goods. We cannot accept liability unless you notify us pursuant to these terms and conditions.

12.3   If you notify a problem to us under clause 20.1 or 20.2 above, our only obligation will be, at your option:

12.3.1   To make good any shortage or non-delivery

12.3.2   To replace or repair any goods that are damaged or defective where it is proportionate and possible to do so; or

12.3.3   To provide a refund to you of the amount paid by you. All rights are reserved as to the manner or form of refund

12.4   Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) howsoever arising out of any problem you notify to us under this condition. Save as precluded by law we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods.

12.5   You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

12.6   Nothing in these Conditions is intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.

13. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock outs and other industrial action, breakdown of system or network access, flood, fire, explosion or accident.

14. Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part these conditions will not be affected.

15. Entire Agreement

These Conditions, together with our current website process, additional terms and conditions for specific products, delivery details, contact details, privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any good offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

16. Complaints/ Feedback/ Recommendations

Please feel free to give us any feedback, recommendations or comments about our services and website. We take this very seriously and aim to deal with any problems or difficulties in a timely fair and effective manner. Please email us on info@canopyhome.com.my. We try to respond to any email enquiries within one working day.

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