5. ENTIRE AGREEMENT
6. TERMS OF SALE
7. FEES AND CHARGES
9. RETURNS, EXCHANGE AND REFUNDS POLICY
10. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
11. FAULTY PRODUCTS
12. WARRANTY TERMS AND CONDITIONS
13. DISCLAIMER OF LIABILITY
15. COMPLAINTS MANAGEMENT
16. PERSONAL DATA PROTECTION
17. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
19. INTELLECTUAL PROPERTY RIGHT
20. ADVERTISING ON THE SITE
21. ACCURACY OF INFORMATION
22. THE INTERNET
23. LINKS TO THE SITE
28. THIRD PARTY RIGHTS
29. GOVERNING LAW
We are Sorella Sdn. Bhd., (Company Number 168994P), trading as www.sorella.com.my (“SORELLA”).
These terms and conditions (“Conditions”) governs your use of SORELLA (which shall include all purchases of merchandise or services (“Products”) on SORELLA) and other social media sites including Facebook Page, Twitter, Instagram, YouTube, and Wechat of SORELLA’S. (“Social Media Sites”).
1.1 By accessing or using SORELLA or the Social Media Sites, you are deemed to have agreed to be bound by these Conditions. If you do not agree to any part of these Conditions, please do not access or use SORELLA or the Social Media Sites. Any continued access or use of SORELLA or the Social Media Sites will imply that you have accepted these Conditions.
1.2 SORELLA reserves the right, at any time, to revise or update these Conditions without your prior notice. These changes will take effect immediately upon posting. By continuing to use SORELLA or the Social Media Sites following such changes, you will be deemed to have agreed to such changes.
In these Terms and Conditions:
2.1 "Account" means the SORELLA Account that you will need to register for on the Site if you would like to submit an Order on the Site;
2.2 ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
2.3 "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Malaysia;
2.4 "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
2.5 "Customer" means any individual who places an Order on the Site;
2.6 "Order" means the Order submitted by you to the Site to purchase a Product from us;
2.7 "You" means the Customer who places an Order;
2.8 "Clause" means the clauses of these Terms and Conditions;
2.9 "Includes" or "including" or like words or expressions shall mean without limitation.
2.10 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
2.11 Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
2.12 “Customer Service” refers to SORELLA’s Customer Service Team.
(a) The related address is:
SORELLA SDN. BHD.
19, Jalan PJS 11/8, Bandar Sunway, 46150 Petaling Jaya, Selangor
Attention: Sorella E-commerce Team
(b) The related e-mail address is firstname.lastname@example.org
(c) Operating Hours: Monday to Friday; 9am to 6pm; closed on Saturday, Sunday and Public Holidays.
To place an Order with SORELLA you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with SORELLA only with involvement of a parent or guardian.
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site.
Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2013. In the event such breach occurs, SORELLA will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
Any violation of these Conditions may result in the termination of your account at the discretion of SORELLA. For the avoidance of doubt, SORELLA shall have the right to restrict, suspend or terminate your account at any time at the sole discretion of SORELLA for any reason whatsoever.
- ENTIRE AGREEMENT
5.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and SORELLA and supersede any and all preceding and contemporaneous agreements between us. Any waiver of any provision of the Terms and Conditions will be effective if in writing and signed by an authorized signatory of SORELLA.
5.2 You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
- TERMS OF SALE
(a) To place an Order, you may be required to register with us by creating an Account on the Site or using the site as a Guest. You must only submit to us information which is accurate and true. You shall also keep your information up to date by informing us of any changes.
(b) You shall not misuse the Site by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
(d) A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.3 Price and Payment
whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a refund. A service fee will be incurred.
(a) Where applicable, prices are inclusive of GST and are in Malaysia Ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the shopping cart.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
We do not accept any liability for any discrepancy between the prices in our physical stores and online store. Also, from time to time, especially during sales or promotional periods, we may offer additional discounts for purchases online from SORELLA that does not apply to the physical stores or vice versa.
(c) You can pay using any of our payment partners listed on our homepage.
(d) To minimize the risk of unauthorized access, we encrypt your card data. Once we receive your Order we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorization check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorization by card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
(e) Upon authorization of the payment, by clicking the payment button you are confirming that the card belongs to you or that you are the legitimate holder.
Please note that mode of payment cannot be changed once you have submitted the order online.
6.4 Mistaken Order
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact CUSTOMER SERVICE immediately. We will try our best to process your request. A Service fee will be incurred.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
FEES AND CHARGES
7.1 A delivery fee is a delivery fee based on the package sizes, weights, and location charge by the courier services.
Please see our Shipping & Delivery Policy (https://sorella.com.my/deliverypolicy/), which forms a part of these Terms and Conditions.
- RETURNS, EXCHANGE AND REFUNDS POLICY
Please see our Return Policy (https://sorella.com.my/returnpolicy/), which forms a part of these Terms and Conditions.
- CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
Please see our Return Policy (https://sorella.com.my/returnpolicy/), which forms a part of these Terms and Conditions.
- FAULTY PRODUCTS
Please see our Return Policy (https://sorella.com.my/returnpolicy/), which forms a part of these Terms and Conditions.
- WARRANTY TERMS AND CONDITIONS
12.1 SORELLA does not warrant that the qualities of the Products purchased on SORELLA will meet your needs or expectations after any form of misuse, abuse, normal wear and tear, product mishandling, misguided usage and deviation from printed instructions.
12.2 Only manufacturers’ warranties are provided. SORELLA does not provide warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Products sold on SORELLA, subject to the applicable law.
12.3 This warranty is valid for product installed and used in Malaysia only and for the warranty period stated in the Operation Instruction/Invoice. The commencing of the warranty is from the date of original purchase.
12.4 This warranty does not cover damages and/or defects resulting from:
(a) Accidents, abuse, misuse, improper installation, or any manner of tampering
(b) Usage of wrong electrical supply/voltage
(c) Usage not in accordance with the operation instructions
(d) Any unauthorized repairs
(e) Any alteration or modification made to the product
(f) Normal usage wear and tear, finishes or consumables
(g) Corrosion, rusting or stains
(h) Losses, damages, defects and malfunctions caused by fire
12.5 The purchaser shall be fully responsible for the due delivery of the product for any repair work to SORELLA and for subsequent collection thereof of the product after the said work has been done. Any product to be repaired must be make known to Customer Service directly before sending down the product. No outdoor servicing will be provided.
12.6 In no event shall SORELLA be liable to the purchaser for any consequential damages or loss including, without limitation, injury to person or property and loss of use of the products. Please retain the original purchase receipt for verification purposes when required. This warranty is invalid if the serial number (if any) on the product has been altered, defaced or removed. The warranty is invalid without original SORELLA 's proof of purchase.
12.7 SORELLA reserves all rights to replace any product with another of similar value if deemed appropriate, subject to availability.
- DISCLAIMER OF LIABILITY
13.1 For the avoidance of doubt, SORELLA shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
(a) any access, use or the inability to access or use SORELLA and/or the Social Media Sites, or reliance on the Materials and/or any information contained in SORELLA and/or the Social Media Sites;
(b) any unauthorized use of or access to your account;
(c) any mishandling and/or abuse of Product by you or other persons;
(d) use of Product by you or other persons in any manner, whether foreseeable or otherwise. The customer assumes all risks associated with product usage and storage upon delivery;
(e) any delay in delivery or cancellation of Order or refund;
(f) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
(g) any use of or access to any other website linked to sorella.com.my and/or the Social Media Sites, even if SORELLA or its agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be used or accessed at the site user's own risks. In no circumstances shall SORELLA be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which sorella.com.my and/or the Social Media Sites are linked;
(h) any exercise of rights by SORELLA under these Conditions, the Data Protection Policy and any other rights provided by law.
This disclaimer of liability shall take effect to the fullest extent permitted by Malaysia law.
Without prejudice to Clauses 17.1, 17.2 and 17.3, SORELLA's aggregate liability to you shall be limited to the purchase price of the Product paid by you.
14.1 You agree to indemnify, defend, hold harmless each of the SORELLA, its subsidiaries and affiliates and their respective directors, officers, employees, suppliers, vendors, licensors, consultants, agents, and any third party content providers, from any and all third party claims, demands, losses, liability, damages or expenses and/or costs (including but not limited to, legal fees) arising from, relating to and/or in connection with
(a) your use of, or access or connection to SORELLA and/or the Social Media Sites and/or the Material therein; and/or
(b) your breach of any of this Conditions;
(c) your violation of any law or the rights of a third party, including intellectual property infringement pertaining to any content which you post or transmit on or SORELLA and/or the Social Media Sites.
- COMPLAINTS MANAGEMENT
In the event of a complaint it will help us if you can describe the object 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 Order Confirmation. 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. Should you not have received any response from us within five (5) Business Days, please make further enquiries. All email will be address to: email@example.com
- PERSONAL DATA PROTECTION
- CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
17.1 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:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
17.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
17.3 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 a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
17.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
18.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
18.2 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two (2) Business Days of being posted to the recipients’ address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
18.3 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 dispatched or a delivery report received.
- INTELLECTUAL PROPERTY RIGHT
19.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Malaysia or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Malaysia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
19.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of SORELLA in Malaysia and other countries. Sorella’s trademarks may not be used in connection with any product or service that is not provided by SORELLA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SORELLA. All other trademarks not owned by SORELLA that appear on the Site are the property of their respective owners.
19.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
19.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event SORELLA becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
19.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by SORELLA or its licensors.
19.6 Contributions to SORELLA
All feedback, comments, information, ideas, suggestions, documents, and/or proposals ("Contributions") given to SORELLA and/or the Social Media Sites shall be deemed to be non-confidential, you acknowledge and agree that:
(a) Your Contributions do not contain confidential or proprietary information;
(b) SORELLA is not under any obligation of confidentiality, express or implied, with respect to the Contributions, and SORELLA shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any reference to you;
(c) SORELLA shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such Contribution, and any use, adaptation, modification, reproduction or distribution of the Contributions shall be property of SORELLA without any obligation to you; and
(d) you are not entitled to any compensation or reimbursement of any kind from SORELLA under any circumstances;
(e) you shall not submit any information and/or other materials which are or may be offensive, abusive, illegal or which may not be lawfully disseminated under the laws of Malaysia or any other country.
- ADVERTISING ON THE SITE
We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority of Malaysia.
- ACCURACY OF INFORMATION
The images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website is provided on an “as is” basis. We make no representations, endorsements or warranties as to their accuracy. We will not be liable for any action taken (or not taken) in reliance upon the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website which action shall be taken entirely at your own risk. We reserve the right to make any changes to the images, graphics, text, pictures, sounds, animations and videos applets and scripts operating, operating in, or which form part of, this website without notice and without liability to you.
- THE INTERNET
We do not have control over the Internet or over the means through which you have gained access to this website. We accept no responsibility and shall not be liable for any service interruption or the transmission of viruses or other harmful computer code through this website.
- LINKS TO THE SITE
23.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.2 You must not establish a link from any Site that is not owned by you.
23.3 This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and 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 or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract 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 and Conditions or a Contract 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 and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
- THIRD PARTY RIGHTS
No person who is not a party to these Terms and 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 and Conditions or that Contract its assent to any such term.
- GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
30.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
30.2 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.