RISK OF LOSS
All items purchased from Orifera are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.
You may use this site for legitimate shopping purposes only. You may not harm the site in any way or otherwise use the site in any improper manner, including, but not limited to hacking into the site’s systems, spoofing or faking email headers or slowing or stopping the functionality of the site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or Orifera suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Orifera, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the site. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and for restricting access to your computer, and are fully responsible for all activities that occur under your password or account. If you are under the age of 18, you may use the site only with involvement of a parent or legal guardian. You agree to (a) immediately notify Orifera of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Orifera will not be liable for any loss or damage arising from your failure to comply with this paragraph. Orifera reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
RESTRICTIONS ON USE OF MATERIALS
This site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by Orifera, its related entities, parents and its licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ORIFERA DOES NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL ORIFERA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF ORIFERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE ORIFERA HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT ORIFERA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ORIFERA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree to indemnify, defend, and hold harmless, Orifera, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Orifera reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you’ll fully cooperate with Orifera in asserting any available defenses.
UNSOLICITED SUGGESTIONS AND CUSTOMER SUBMISSIONS
Please note that any suggestions, materials, ideas or comments submitted to Orifera (“Submitted Materials”) shall be deemed as not confidential. You hereby grant Orifera an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such (other than your name) for any purpose whatsoever, and you represent and warrant to Orifera that no such submissions will violate or infringe upon any copyright, trademark, or any other intellectual property or other rights (including but not limited to defamation or invasion of privacy) of any person or entity.
Furthermore, a person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of Orifera’s social media sites, except where legally prohibited, such person grants permission for Orifera and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
SOCIAL MEDIA SITES
- spam (i.e., unsolicited promotion of a third-party business);
- No purchase necessary to win;
- Void where prohibited;
- Eligibility limited to legal residents of Malaysia who are 18 years of age or older;
- Decisions of judges and/or Orifera with respect to any aspect of the Promotion are final;
- Judges, if any, are qualified;
- Orifera is not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
- Entries in excess of the stated entry limitations will be void;
- Mass entries or mechanical reproductions are void;
- Prizes cannot be transferred, redeemed for cash or substituted, except by Orifera who reserves the right to substitute a prize of comparable or greater value;
- Prizes will not be awarded if Orifera does not receive a sufficient number of eligible and qualified entries;
- Orifera reserves the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
PLACING AN ORDER
When making an Order, you must register for an Account on the website; www.orifera.com and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
All prices or charges are in Malaysian Ringgit (MYR) by default. Currency selector is available (where applicable) on product category pages. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us via our appointed payment gateway or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. Depending on the results of a credit check we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to Orifera.
You undertake that all details you provide to Orifera for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. Orifera reserve the right to obtain validation of your payment details before providing you with the Product.
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.
Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when Orifera receive your notice revoking your Order.
Orifera shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that Orifera accept your order, an email, letter, fax or other Acknowledgement of your Order by Orifera is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, Orifera may give you an Order reference number and details of the Product you have ordered. Orifera may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or Orifera may offer you an alternative Product (in which case we may require you to re-submit your Order first).
SHIPPING & DELIVERY
Orifera aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but Orifera cannot promise an exact date when you submit your Order or at the Confirmation of Order. Orifera always aim to deliver within the stipulated time frame of any Order, which Orifera accept but Orifera cannot guarantee any firm delivery dates.
Orifera shall aim to let you know if Orifera expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, Orifera shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, Orifera will not be liable for loss or destruction of the Product.
Orifera may cancel a Contract if the Product is not available for any reason. Orifera will notify you if this is the case and return any payment that you have made.
Orifera warrant that the Product will be delivered undamaged in the quantities ordered; and
Before delivery, Orifera may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
In the event of a complaint it will help Orifera if you can describe the object of your complaint as accurately as possible and, where applicable, send Orifera copies of the Order or at least the order number that Orifera assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that Orifera send to you may otherwise not have reached you.
Effective Date and Policy Changes
E & OE
These Terms & Conditions were last updated on 1st December, 2018.