These General Terms and Conditions - hereafter referred as “Terms and Conditions “ - apply to any private, non-commercial purchases made by individuals,“the Customer(s)”( “you, “your”, “they”, “their” ), on this Website www.hexagona.com.my. This website is operated by A&S FASHION ENTERPRISE, a Malaysian company with the company registration number 002886760-X (an authorized company by HEXAGONA SARL (Paris)) and its related entities, affiliates and subsidiaries, collectively referred to as “HEXAGONA”, “ us “, “we”, “our”, “the company“.
1 - OBJECT
These Terms and Conditions govern the sales by HEXAGONA, to their Customers, of HEXAGONA branded products (“the products”) available on this Website. The products are purchased, paid for and delivered to the Customer. The Customer is deemed to understand and accept that this Website is dedicated to individuals for private, non-commercial purchases. Trade inquiries from individuals and businesses should be addressed directly to HEXAGONA’s Sales Department, where specific trade terms and conditions may be offered.
HEXAGONA takes all reasonable care to display and describe as accurately as possible the Products that appear on the Website and provide the Customer with the best possible information. However, the Customer understands and acknowledges that we cannot guarantee that the colors and details of the products will accurately reflect the product on delivery. Specifications and descriptions of products on this Website are not intended to be binding and are provided only to give a general description of the products.
Furthermore, while the color reproduction of the products is a close representation, we cannot accept any responsibility for any variation in color caused by the browser software or computer system used to view the products.
2 - ACCEPTANCE OF OUR TERMS AND CONDITIONS
By using this Website and /or placing an order, you confirm your unconditional acceptance of our General Terms and Conditions. Please read these Terms and Conditions carefully before using this Website.
3- CHANGES TO TERMS AND CONDITIONS
HEXAGONA reserves the right to review or change these Terms and Conditions at any time. Changes made to our Terms and Conditions will apply to every order from the day of implementation of the changes.
If you require any additional information, help or assistance or if you would like follow-up information on a pending order, please contact our Customer Service by writing to us at firstname.lastname@example.org.
Our office is open Monday to Friday 9 am to 6 pm Malaysian Time. Please note that staff annual leave and Public Holidays may affect our opening hours.
4 - ORDERING & AVAILABILITY
4.1. Terms of ordering
Orders placed on this Website are for your personal, non-commercial use only. Re-sale of products bought from the Website is not allowed. By placing an order on this Website, you confirm that you are over 18 years old and have the legal capacity to enter into a contract and that you own a bank credit or debit card or a PayPal account. Orders are accepted subject to stock availability.
All products and prices on the Website are subject to availability. HEXAGONA will not be liable for lack of stock or discontinued products. The products offered on the Website comply with Malaysian laws and standards. The product details are provided as a guideline only. Pictures, texts, graphics, information, specifications and descriptions of products on this Website are non-contractual. HEXAGONA cannot be liable for any errors that may occur. HEXAGONA reserves the right to make changes at any time and without prior notice.
If for any reason, an order cannot be fulfilled owing to lack of stock, you will be advised by email or by phone, at the earliest possible opportunity. In that case you may be offered one of the following options:
- an exchange for another item of the same value or a voucher for the value of the product.
- Part cancellation of the order
- Full cancellation of the order.
Part or full cancellation of the order will lead to the refund of the product(s) that have been cancelled. In this case, HEXAGONA will send a refund the Debit or Credit card account or to the PayPal account that was used to make the purchase, within a maximum of fourteen (14) working days.
4.3. Registering on the Website
Creating an account is free. The ID and password used to access the Website are confidential and should not be shared with third parties. After creating the account, Customers will receive an email confirmation of their registration. The Customer can unregister at any time by sending an email to the Customer Service at email@example.com. It is possible for the Customer to create a new account at any time after unregistering. Creating an account is not compulsory to make a purchase on the Website, however please note that only registered Customers with an active account will be able to apply for returns, exchanges or refunds as detailed in section 6 of these Terms and Conditions.
4.4. Confirmation of order
The data obtained by HEXAGONA via the Website, will constitute the proof for the all transactions made between HEXAGONA and the Customer. The contractual information available in English, will be confirmed by email and at the latest at the time of delivery. It is the Customer’s responsibility to ensure that the information supplied to HEXAGONA is correct and complete. We will not be held responsible for errors or delays when the data supplied by the Customer is incorrect or inadequate. Charges incurred for re-deliveries of orders under these circumstances must be paid by the Customer.
By placing an order, Customers accept sole responsibility for selecting the product(s) supplied by HEXAGONA,that satisfy their particular requirements, having read the full description and information available on the products before ordering. Once submitted, the order is transmitted to HEXAGONA to be processed. Amendment or cancellation of the order is only possible by contacting the Customer Service by email firstname.lastname@example.org and prior to the order being dispatch. HEXAGONA reserves the right to decline to accept an order from a Customer, with whom we have an unresolved dispute related to a previous order or if HEXAGONA has reasonable beliefs that the Customer has failed to comply with these Terms and Conditions or is engaged in fraudulent activity or for any other legal reasons.
4.5. Proof of transaction
HEXAGONA recommends that the Customer keeps a copy of the order details either on paper or in a reliable digital format. Information on previous, current or pending orders can be found on the Website under the Customer’s account, where the Customer can also manage and saved personal information such as address, phone number or bank details.
HEXAGONA will take all reasonable care to ensure that data supplied to our computer system is held securely. This data will be used as proof of all communication, orders and payments made between the parties. The orders and invoices archived on a durable and reliable system can be used as proof.
Products are invoiced at the prices shown on the Website at the time of the order. Any order placed on the Website must be paid immediately and at the time of placing the order. We reserve the right to change prices shown on the Website at any time and without prior notice. HEXAGONA is committed to supply the products at the prices shown at the time the order was placed, subject to availability of these products. Prices are shown in Malaysian Ringgit (MYR). For deliveries outside Malaysia, you or the local recipient may be required to pay additional taxes, fees, levies, import duties and other fees associated with formal customs entry when the good arrive in your country.
The cost of delivery is not included in the product price. The charges will be added to the value of the product as the order is completed, as described in the “Delivery” section.
Orders are payable in Malaysian Ringgit (MYR). The Customer can choose one of the 2 following methods of payment:
- Mastercard or Visa Debit or Credit cards
- via a PayPal account
Payment is taken from the Customer’s Debit or Credit card or PayPal account as soon as the payment is made on the Website. If some items on the order are not available, the product is either exchanged or refunded. See Product Availability section. Payment will be considered completed after the funds have been fully received on our account. The Customer agrees that invoices will only be supplied in an e-format. The order will only be processed and dispatched once the method of payment has been verified and the debit of the card or the PayPal account has been authorised. The date of availability and dispatch will be calculated from the date of receipt of the payment.
If payment is not made within 3 weeks after the email confirmation of the order was sent and despite one or more payment reminder were emailed, HEXAGONA has the right to declare the contract unitarily void and cancel the order. In case the contract is declared void, HEXAGONA will no longer be legally bound to supply the goods ordered and the contract will no longer be legally binding for either parties.
4.8 Risks and Ownership
HEXAGONA keeps full ownership of the products until we receive full payment of all sums due in respect of products, including taxes and delivery charges. The products will be the Customer’s full responsibility, including loss, theft and damages from the time that you take physical possession of the Products. HEXAGONA declines transfer of ownership by the Customer to any third party. Only the Customer can claim under the provisions laid out in these Terms and Conditions.
4.9 Preparation of order
The order preparation time is not included in the delivery time. Orders are prepared within a maximum of three (3) days, subject to product availability. Orders placed on a working day before 9 am Malaysian time, are processed on the same day. Orders placed on a working day after 9 am, are processed on the following working day. Order preparation time may occasionally increase during peak activity periods (Christmas, Sales) because of temporary lack of stock or unforeseeable technical or logistical constraints e.g. changes of stock locations or force majeure events.
5 - DELIVERY
5.1.Delivery options – Delivery Areas – Timeframes
For any orders, parcels are prepared and shipped within 48 working hours. From Monday to Friday, all orders registered before 12.00 am are shipped the same day (according to the availability of the article, excluding holidays and exceptional closure).
If the recipient is not at home to take the delivery, the parcel will be held at the collection office, nearest to the delivery address. Parcel that have not been claimed in the required timeframe, will be returned to HEXAGONA within 10 working days. We will not be liable for any delays caused by the absence of the recipient or if the parcel is not claimed within the required timeframe.
HEXAGONA is not liable for any delays of delivery due to errors or issues caused by the carrier, including part or full strike affecting the carrier or other transport or communication services.
If HEXAGONA is unable to process an order of due to a fortuitous event or any other external cause, such as an error made by the Customer, the delivery time will be extended by the full duration of the event. HEXAGONA will inform the client by email of the occurrence of any such event and also when this event comes an end. If the event lasts for over four (4) weeks, either party will have the right to cancel the order without HEXAGONA being liable for the payment of damages to the Customer.
5.2. Delivery Problems
If a delivery is delayed or not made within eight (8) working days from despatch for Malaysia, it must be immediately be reported to the Customer service, by email sent to email@example.com. Claims made over thirty (30) calendar days after the order was placed, will not be accepted.
Any discrepancy on the delivery (incident, product listed on the delivery note but missing on receipt, damaged parcel or damaged products…) must be described in writing on the delivery note and supported by the Customer’s signature. The Customer must also inform the Customer Service by sending an email to firstname.lastname@example.org.
If the products purchased are faulty or don’t meet the Customer’s satisfaction, the Customer can return the product or apply for refund under the terms described in the following section « Returns and Refunds »
6 - RETURNS AND REFUNDS
You may return any unwanted products during the first fourteen (14) days upon reception, for a full refund of the purchase price, without having to provide the reason for the return or facing any charges, except return costs. This right of withdrawal can be applied to all or part of products received, provided that the products are returned complete, in their original condition and packaging, undamaged, unworn, with the original tags attached. If the 14th day of the withdrawal period falls on a Saturday, a Sunday or a Bank Holiday, the withdrawal period will be extended to the first following working day.
To make a return or obtain a refund, the Customer must be registered on the Website and have an active account prior to the purchase being made. Any purchase made via a guest account, e.g.when the Customer is not registered on the Website, will not be eligible to benefit from the rights described in section 6 of our Terms and Conditions.
If the product(s) to be returned were purchased as a gift, the Customer who placed the order is the person who must apply for the return and not the recipient of the gift. Exchanges and refunds are only applicable for products purchased on this Website and during fourteen (14) calendar days from the receipt of the parcel.
Please ensure that the item(s) is in original condition, original packaging and with the original tags and tickets attached. All merchandise must be returned in the original selling condition. Returns that do not meet our policy will not be accepted and will be returned to you at your cost. A final inspection will be done to ensure that it is in its original condition, followed by processing your return.
We recommend that you opt for a shipment method that enables tracking. Note that HEXAGONA will not be responsible for the loss of the returned parcel.
You may return any order during the first fourteen (14) days of reception, without having to provide the reason for the return or face any charge, except return costs. The Customer will receive a refund as soon as possible and within a maximum of thirty (30) days from the notification of the withdrawal. Refund will be made via the payment method used by the Customer for the purchase (credit, debit cards, or PayPal) and for the price paid for the products, including any taxes or delivery charges. Return costs must be paid by the Customer.
6.3. Incorrect or Faulty Products
The Customer must inform our Customer Service at email@example.com about faulty or incorrect products within a maximum of 3 days upon receiving the product. Products will be considered faulty or incorrect upon receiving it if they do not match the characteristics or quality described on the order form (product code, damaged product…). Claims sent after the specified period will be rejected without appeal. Besides, claims related to incomplete delivery or errors made by the transport company can only be considered if appropriate comments were made on delivery note when the delivery was taken.
HEXAGONA reserves the right to confirm that returned products are incorrect or faulty upon inspection. If the product is confirmed faulty or incorrect, HEXAGONA will refund the client.
Return costs will be refunded if, and only if, the return has been accepted based on incorrect or faulty product having been delivered originally.
7 - INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights for any content of the catalogue of HEXAGONA.com, including photographs are owned by us or our licensors.
All content of this Website including text, graphics, including text, graphics, software, photographs and other images, videos, sound, trademarks and logos are the property of HEXAGONA.
In compliance with Copyrights and Intellectual Property Rights, you may not reproduce any part of the content or information located on this Website or in any way distribute, publish, modify, create derivative works from or sell any content contained with this Website.
The HEXAGONA brand and any other trademarks and logos used on the Website, protected or not, as well as the “hexagona.com.my” domain name are and remain the property of HEXAGONA. It is strictly forbidden to reproduce, distribute, transfer, modify or use any trademarks or logos for any purpose, without prior written permission of HEXAGONA.
8 - GUARANTEES
8.1 Legal Warranty against Latent Defect.
HEXAGONA is liable, within reason, against any latent Defect affecting a product supplied if the defect makes this product unfit for purpose or reduce the use of the product in such way that had the Customer been aware of the defect, they may have decided not to purchase the product or only at a reduced price. Under this warranty, the Customer who can prove the existence of Latent Defect, can elect either full refund if the product is returned or partial refund if the product is not returned. Claims for Latent Defect must be made by the Customer within fourtheen (14) days from the receipt of parcel.
HEXAGONA cannot and do not guarantee that :
- any content of HEXAGONA.COM.MY will be free from viruses, Trojan Horse and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability;
- the information on this Website is complete, accurate and current.
We make or give no representation or warranty as to – amongst other things but not restricted to this– the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of HEXAGONA.COM.MY. This Website and its content is made available to you on an “AS IS” basis and “subject to availability”.
To the fullest extent permitted by law, all express or implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content.
9 - LIABILITY
The photographs and text featured and describing the products presented on this Website are non-contractual. Consequently, HEXAGONA is not liable for any errors present in any photographs or texts.
HEXAGONA shall not liable to any user or any parties for any damage, be material, immaterial or corporal, or any loss of business, profits or turnover resulting from the malfunction a or mis-use of the products sold, whatever way they may arise and even if this damage or loss may have been foreseeable by HEXAGONA or if our attention had been drawn to the risk of this happening. This also applies to any changes to the products made by suppliers.
HEXAGONA reserves the right to cancel an order due to a computer bug, processing error, hacking or any internal or external malicious acts. HEXAGONA must inform the Customer of the cancellation of the order. Please inform us of any errors by email to firstname.lastname@example.org
Without limitations to any previous sections, HEXAGONA’s liability in regard to the present Terms and onditions cannot exceed the amount paid for the transactions from which the liability is deemed to arise, whatever cause or action it may be. HEXAGONA shall not be liable, if for any reason your order cannot be fulfilled owing to lack of stock, non-availability of a product, force majeure, disturbances arising from part or full strike affecting particularly postal, transport or communication services.