Terms & Conditions
Welcome to AKYU Malaysia. These terms and conditions (“Terms and Conditions”) apply to www.crystalwrap.my (“the Site”) and AKYU (Malaysia) Sdn Bhd. Company Registration 367098-U, a company incorporated under the laws of Malaysia and having its principle place of business at No. 15, Jalan BP 4/1, Bandar Bukit Puchng, 47120 Puchong, Selangor Darul Ehsan (“AKYU Malaysia”). By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this Site. The Site reserves the right to change, modify, add or remove portions of these Terms and Conditions off use at any time. Changes will be effective when posted on the Site with no other notice provide. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
1.1 In these Terms and Conditions:
“Buyer” means the person who otherwise enters into a contract for the supply of Goods with AKYU Malaysia
“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;
“Writing” includes electronic mail, facsimile transmission and any comparable means of communication
1.2 The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any parties.
2.1 Your privacy is important to us. We will only collect, record, hold, store and use your personal information in accordance with the Personal Data Protection Act 2010.
2.2 We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you. We will not sell, share or trade customer’s personal information collected online with any third parties, except insofar as it is necessary for us to provide our services to you, for example, providing your address to a third party delivery service to deliver our products to you.
3. Use of The Site
3.1 Whenever information is request from you, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
4. User Submissions
4.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
5. Orders Acceptance And Specification
5.1 There are cases when an order may not be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide further verification or information before we accept an order.
5.2 AKYU Malaysia represents and warrants to the Buyer that the Goods shall conform to the specification of the Goods on the Site at the time of Buyer’s purchase but does not give any representation or warranty as to the merchantable quality of the Goods or that the Goods shall be fit for any particular purposes, or that the Goods shall conform to any photos of the Goods provided on this Site.
5.3 In the event of non-conformity to specification of the Goods, AKYU Malaysia agrees to remedy such non-conformity therein for a period of X [X] months commencing from the date of which the Goods are delivered or deemed to be delivered.
6. Price & Payment
6.1 The price of the Goods and/or Services shall be the price stated in the Site at the time of Buyer’s purchase. The Buyer shall make payment for the Goods pursuant to the various payment methods as set out in the Site at the time of purchase.
6.2 All payment made to AKYU Malaysia shall be in Malaysian Ringgit (MYR).
6.3 The Buyer shall be entitled to make payment for goods pursuant to the various payment methods set out in CrystalWraps website, shall be applicable to the Contract.
6.4 In addition to any additional terms contained in CrystalWraps website, the following terms shall also apply to the following types of payment:
6.5 Credit Card payment option is available for all buyers. AKYU Malaysia accepts all the Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
6.6 AKYU Malaysia accepts all Malaysian Visa and MasterCard debit cards where by subject to bank availability. All debit card numbers shall be protected by means of industrial-leading encryption standards.
6.7 Online Banking payment method, the Buyer shall transfer the payment for the Goods to a AKYUs account for the total amount of the Buyers purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. AKYU Malaysia, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
7. Goods & Services Tax (“GST”)
7.1 GST has been implemented in Malaysia with effect from 1st April 2015 at a rate of 6%. Any pricing displayed on the Site is not inclusive of any applicable GST.
8. Delivery /Performance
8.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
8.2 AKYU Malaysia has the right at its sole discretion to sub-contract all or any of its obligations for the delivery of the Goods to any third party as it may from time to time deem fit without giving notice to the Buyer.
8.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and AKYU Malaysia shall not be liable for any delay in delivery or performance howsoever caused.
8.4 If AKYU Malaysia fails to deliver the Goods within a reasonable time, taking into consideration also the dates quoted for delivery, the Buyer shall be entitled to serve a written notice to demand performance by AKYU Malaysia within a reasonable specified time which is not less than ten (10) business days. If AKYU Malaysia fails to perform within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and the payment for the undelivered Goods shall be refunded to the Buyer.
8.5 If the Buyer fails to take delivery of the Goods (except when such failure to take delivery is due to reasons beyond the Buyer’s reasonable control or by reason of AKYU Malaysia’s fault) then without prejudice to any other rights or remedy which may be available to AKYU Malaysia, AKYU Malaysia may:
8.5.1 sell the Goods at the best price readily available to any third party and charge the Buyer for the shortfall between the price under the Contract; or
8.5.2 terminate the Contract and claim damages.
9. Risk and Title
9.1 Risk of damage to or loss of Goods shall pass to the Buyer at the time of delivery, or if the Buyer fails to take delivery of the Goods, at the time when AKYU Malaysia has tendered the delivery of the Goods.
9.2 The title to the Goods shall only pass to the Buyer when AKYU Malaysia received in full the price of the Goods.
9.3 If the Buyer is in possession of the Goods before title in the Goods has passed to the Buyer, the Buyer shall hold the Goods as bailee and shall ensure that the Goods shall remain in good condition and shall not be in anyway consumed or utilized until title in the Goods has passed to the Buyer.
10. Intellectual Property
10.1 All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and
arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
11. Force Majeure
11.1 AKYU Malaysia shall not be liable to the Buyer or deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations that is due to any cause beyond AKYU’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the reasonable control of AKYU:
11.1.1 Act of God, explosion, flood, fire, accident;
11.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
11.1.3 Acts of restriction, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
11.1.4 Import or export regulations or embargo;
11.1.5 Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes; and
11.1.6 Power failure or breakdown in machinery.
11.2 If an event of force majeure has been ongoing or is expected to continue for a period of more than two (2) months, AKYU Malaysia may at its discretion either suspend deliver/performance while such force majeure event continues or terminate any Contract so affect with immediate effect by written notice to the Buyer without any claims against AKYU Malaysia whatsoever.
12. Limitation of Liability
12.1 In no event whatsoever shall AKYU Malaysia be liable for any indirect or consequential damages to the Buyer.
12.2 In no event whatsoever shall AKYU Malaysia’s liability be more than the price of the
Goods as per the Contract.
13. Applicable Law and Jurisdiction
13.1 These Terms and Conditions shall be interpreted and governed by the laws in force in
14.1 Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”). The number of arbitrators shall be one (1) and the appointing authority shall be KLRCA. The place of arbitration shall be Kuala Lumpur and the language to be used in the arbitration proceedings is English. Notwithstanding the foregoing, the
Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts of Malaysia.
15.1 No failure or delay in AKYU Malaysia exercising any rights or remedies under the Contract shall be construed as waiver of such breach or waiver of any subsequent breach of the same provision unless such waiver has been reduced in writing.
15.2 If any provision of these Terms and Conditions is held by any competent authority as unlawful, invalid or unenforceable in whole or in part, such unlawful, invalid or unenforceable provisions shall not affect the validity any other provisions of these Terms and Conditions.
15.3 The use of the Site and the contract for the supply of Goods by AKYU Malaysia to
the Buyer shall be subjected to these Terms and Conditions to the exclusion of any other terms and conditions contained or referred to in any other documentation submitted by the Buyer or implied by trade custom practice or implied by law, to the furthest extent such implied terms by law are permitted by law to be excluded
16. Return Policy
16.1 If you are not 100% satisfied with your purchase, you can return the Goods and get a full refund or exchange the product for another item, be it similar or not.
16.2 You can return the Goods purchased for up to 10 days from the date of purchased.
16.3 Any product returned must be in the same condition as your receivd it and in its original packaging. Please have your original receipt with it.