TERMS & CONDITIONS

INTRODUCTION

Welcome to the http://thenaturalstyle.com.my website (TNS). These terms and conditions (“Terms and Conditions”) will apply to TNS, which is managed by TNS Natural Style Enterprise, a company incorporated in Malaysia under the registration number (002764043-T).

By accessing TNS, 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 website. TNS reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on TNS with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of TNS following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF TNS

We grant you a non-transferable and revocable license to use TNS, under the Terms and Conditions described, for the purpose of shopping for products sold on TNS. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Certain services and related features that may be made available on TNS may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of TNS 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. TNS 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.

USER SUBMISSIONS

Anything that you submit to TNS and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to TNS, 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 you 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.

SITE CONTENTS, TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in TNS, information content on TNS 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 property of TNS. The entire contents of TNS also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Malaysia to waive any objections based upon venue.

ARBITRATION

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, TNS reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of TNS and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of TNS in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that TNS shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with TNS or with any terms, conditions, rules, policies, guidelines, or practices of TNS Natural Style Enterprise in operating TNS, your sole and exclusive remedy is to discontinue using TNS.

 

TERMS OF USE

1.0 INTERPRETATION

  • In these Conditions:

“Purchaser” means the person who accepts a quotation of TNS for the supply of Goods or who otherwise enters into a contract for the supply of Goods with TNS;

 

“Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Purchaser and TNS;

 

“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;

 

“Goods” and “Product” and “Item” means the goods (including any instalment of the goods or any parts for them) which TNS is to supply in accordance with a Contract;

 

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

 

  • Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.

 

  • The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2.0 BASIS OF THE CONTRACT

  • The supply of Goods by TNS to the Purchaser under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Purchaser or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

 

  • Any information made available in TNS in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and are for information purposes only. In entering into the Contract the Purchaser acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

 

  • No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Purchaser and TNS.

 

  • Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by TNS in its website shall be subject to correction without any liability on the part of TNS.

 

  • TNS may provide Purchaser with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3.0 ORDERS AND SPECIFICATIONS

  • Order acceptance and completion of the contract between the Purchaser and TNS shall be binding against the Purchaser when the order has been confirmed; and only binding against TNS once TNS has issued a confirmation of dispatch of the Goods to the Purchaser.

 

  • For the avoidance of doubt, TNS shall be entitled to refuse or cancel any order without giving any reasons for the same to the Purchaser prior to issue of the confirmation of dispatch.

 

  • It is expressly agreed that TNS reserves the right to reject any order for, but not limited to the following reasons:
    1. Product ordered is out of stock.
    2. Payment is not completed and notified to TNS within 24 hours upon receipt of order invoice.
    3. TNS is unable to obtain authorisation of payment and/or TNS suspects any fraudulent activity.

 

  • TNS shall furthermore be entitled to require the Purchaser to furnish TNS with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

 

  • Orders with incomplete/ incorrect information may result in failed/ delayed delivery. A fee will be charged for the redelivery.

 

  • No concluded Contract or Orders may be modified or cancelled by the Purchaser except with the agreement in writing of TNS and on terms that the Purchaser shall indemnify TNS in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damage, charges and expenses incurred by TNS as a result of the modification or cancellation, as the case may be. As such, Purchasers are advised to double-check and confirm the items that have been selected; including but not limited to their quantity, their colour and size before checking out.

4.0 PRICE

The price of the Goods and/or Services shall be the price stated in TNS at the time which the Purchaser makes its offer purchase to TNS. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax; value added tax or similar tax which the Purchaser shall be liable to pay to TNS in addition to the price. For the avoidance of doubt, TNS will not entertain any request for refund on the basis that any item is sold for a different price at any other time.

5.0 MEASUREMENTS/ REPRESENTATION OF PRODUCTS

  • Measurements of products received may vary from the measurements advertised by 0.5 – 1cm. Such discrepancies will not be considered a defect.
  • For printed items, the placement of prints may differ slightly.
  • The colour of the items as viewed on the Purchaser’s device may differ slightly from the actual product because different devices have different screen specifications and settings. As such, minor differences in colour of the actual product received will not be considered as a defective item. Return & exchange may be available at the Purchaser’s own cost.
  • For light coloured items, there may be minimal/slight small black dots which are not obvious. Where it does not affect the overall appearance of the item, it will not be considered a defect on the product.
  • Items with slight imperfections (loose thread, slight dotted stains etc.) which do not affect the overall appearance of the item will not be considered a defect.

6.0 TERMS OF PAYMENT

  • The Purchaser shall be entitled to make payment for the Goods via Online Banking / ATM Transfer / Bank Deposit. The terms and conditions applicable to each type of payment, as contained in TNS, shall be applicable to the Contract.

 

  • In addition to any additional terms contained in TNS, the following terms shall also apply to the following types of payment:

 

  1. Online Banking
    1. By choosing this payment method, the Purchaser shall transfer the payment for the Goods to TNS NATURAL STYLE ENTERPRISE’s bank account, 3208570018 (Public Bank) for the total amount of the Purchaser’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. TNS, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
    2. For the time being, TNS accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.

7.0 BACKORDERS

  • Backorder items are sold out or not readily available items which TNS is accepting orders from the Purchaser, to be shipped to the Purchaser only when the shipment has been delivered to TNS.

 

  • The estimated arrival time for backorder items are stated under the individual backorder items.

 

  • Backorder items may be delayed or cancelled due to unforeseen circumstances such as delayed shipment, lack of fabric, insufficient stocks arrived etc. In the case of delayed/ cancelled backorders, TNS shall refund to the Purchaser the price which the Purchaser paid for the delayed or cancelled Backorder item. This shall not affect or render void any contract for or purchase of any other items which are ordered by the Purchaser and are available for shipment to the Purchaser.

 

  • Where an order consists of a backorder item, TNS will only deliver the parcelafter the backorder item has arrived. If the Purchaser wishes to have any other readily available item shipped without waiting for the backorder item to arrive, the Purchaser may contact TNS to arrange for the separate delivery or state such intention in the “Note” section during checkout. Additional delivery charges will apply if items are delivered separately.

8.0 DELIVERY AND PERFORMANCE

  • The Purchasers’ order will be processed and shipped within 3 days after payment has been made.

 

  • Delivery of the Goods shall be made to the address specified by the Purchaser in its order.

 

  • TNS has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Purchaser.

 

  • Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and TNS shall not be liable for any delay in delivery or performance howsoever caused.

 

  • Where an order consists of a backorder item, TNS will only deliver the parcelafter the backorder item has arrived. If the Purchaser wishes to have any other readily available item shipped without waiting for the backorder item to arrive, the Purchaser may contact TNS to arrange for the separate delivery or state such intention in the “Note” section during checkout. Additional delivery charges will apply if items are delivered separately.

 

  • All individual Orders are shipped out individually and TNS will not combine any two or more orders once any individual orders have been confirmed.

 

  • Delivery charges (if applicable) will be calculated automatically upon checkout.

9.0 RISK AND PROPERTY OF THE GOODS

  • Property and title to the Goods, risk of damage to or loss of the Goods shall pass to the Purchaser at the time when TNS has handed the Goods to the third party courier service provider to be shipped to the Purchaser.

 

  • As such, where parcels are lost during delivery, TNS will liaise with the third party courier service provider on behalf of the Purchaser to claim any requisite refund from it. Once the refund from the third party courier service provider is cleared, TNS will refund the amount refunded by the third party courier service provider to the Purchaser.

10.0 RETURN, REFUND & EXCHANGE

  • There shall be strictly no exchange or refund on any purchase made except where
    1. the product ordered is out of stock or
    2. there is major defect in the products delivered (in such cases the return postage cost will be borne by TNS)
    3. a wrong order has been delivered (in such cases the return postage cost will be borne by TNS)
  • Where the goods delivered has major defect or wrong order, such defect or wrong order must be communicated to TNS as soon as practicable and latest within 3 days from the day the parcel is received by the Purchaser.
  • If the goods/products has been used or damaged by the customer, there will not be any refund.
  • The burden shall be on the Purchaser to prove that any damage was not caused by any fault of the Purchaser.
  • The Purchaser shall solely be responsible for any damage or losses caused towards the Purchaser’s shipment during return transit and any time prior to the actual receipt of the parcel by TNS.
  • Once TNS has received, checked and confirmed the goods/products, the Purchaser will receive their refund within 3 days after the confirmation via online banking.

11.0 FORCE MAJEURE

  • TNS shall not be liable to the Purchaser or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of TNS’s obligations if the delay or failure was due to any cause beyond TNS’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond TNS’s reasonable control:
    1. Act of God, explosion, flood, tempest, fire or accident;
    2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
    3. acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
    4. import or export regulations or embargoes;
    5. interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of TNS or of a third party);
    6. interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
    7. power failure or breakdown in machinery

 

  • Upon the happening of any one of the events set out in Condition 9.1 TNS may at its option:
    1. fully or partially suspend delivery/performance while such event or circumstances continues;
    2. Terminate any Contract so affected with immediate effect by written notice to the Purchaser and TNS shall not be liable for any loss or damage suffered by the Purchaser as a result thereof.

 

12.0 BOUNCED PARCELS DUE TO NO COLLECTION FROM PURCHASER

  • If the Purchaser fails to take delivery of the Goods, the Purchaser will be contacted to make arrangements for redelivery.
  • Any cost for re-delivery will be borne by the Purchaser. TNS will only bear the cost of re-delivery if it is deemed as an error on TNS’s part. Any further details regarding the re-delivery will be provided to the Purchaser.
  • TNS reserves the right to deny any request to combine the bounced back parcels with any new orders.
  • In cases where due to the fault, delay or omissions by the Purchaser, arrangements for redelivery of the bounced parcel is not concluded within 7 days from the date TNS informs the Purchaser about the bounced parcel and/or the Purchaser fails to pay for the redelivery charges within the aforesaid period of time, any purchase within that order shall be forfeited, and the property and title in the goods shall return to TNS and the Purchaser shall not be entitled to any refund.

13.0 COUPON CODES/ VOUCHERS

  • If the Purchaser has a coupon code, the Purchaser shall input the code before checking out for discount to be valid. No refunds will be made for orders where coupon codes are not keyed-in at point of check out.
  • Coupon codes may or may not come with an expiry date. There will strictly be no extension of the expiry date for any coupon codes.
  • Coupon / voucher are not exchangeable for cash.

14.0 STORE CREDIT POINTS

  • If you have an accumulated store credit points and you intend to use them for your purchase, kindly ensure to key in and apply the credit points when checking out. No refunds will be made for orders where store credit points are not keyed-in during check out.
  • There is no expiry period for store credit points. Any changes in this clause will be informed accordingly.
  • Store credit points are not exchangeable for cash.

15.0 TERMINATION

TNS may stop any Goods in transit, suspend further deliveries to the Purchaser and/or terminate the Contract with the Purchaser with immediate effect by written notice to the Purchaser on or at any time after the occurrence of any of the events:

  1. the Purchaser being in breach of an obligation under the Contract;
  2. the Purchaser passing a resolution for its winding up or a court of competent jurisdiction making an order for the Purchaser’s winding up or dissolution;
  3. the making of an administration order in relation to the Purchaser or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Purchaser’s assets;
  4. the Purchasear making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

16.0 GENERAL

  • Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
  • No waiver by TNS of any breach of the Contract by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
  • If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
  • No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
  • The Contract shall be governed by the laws of Malaysia and the Purchaser agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
  • Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
  • Notwithstanding the above, TNS shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
  • The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
  • TNS reserves their right to these terms and conditions of sale at any time.