Terms & Conditions
The following Terms & Conditions (“T&C”) shall apply to the purchase of Goods from Niro Ceramic Sales & Services (M) Sdn. Bhd. (“the Company”) by you (“the Customer”) via the Company's website to the exclusion of all other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or any other similar document.
Please read these T&Cs carefully and make sure that you understand them, before ordering any Goods or samples from the Company's website. You should print a copy of these T&Cs for future reference.
These conditions shall not be varied except by the agreement in writing of the Company.Definitions:
- 'Goods' means the Goods, tiles or other products which the Customer orders from the Company.
- 'Price' means the price for the Goods excluding (where applicable) delivery charges, packing and insurance.
- 'Working Day' means inclusive Monday to Friday, but excluding Malaysian national public Holidays and the Company's closures as specified on the Company website.
1.1 All descriptions, specifications and advertising on the Company website are for the purposes of giving an impression of the Goods only and cannot be relied upon for selecting a purchase. Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the Company.
2.1 Goods are sold based on per carton
2.2 As the number of tiles per square meter or per square feet is nominal, the Customer will be responsible for ensuring sufficient quantity of Goods are ordered to cover the required area.
2.3 Orders are accepted and promises for delivery are given conditionally upon the Company being able to secure the necessary material. The Company cannot be held responsible for delays arising from risks and uncertainties of stocking, manufacture, strike, accidents or other causes beyond the Company's control.
2.4 The Company cannot, under any circumstances, entertain any financial demand from the Customer for late or incorrect delivery. The Company always recommends that the Customer never book a tile installer until the Customer has the Goods delivered.
2.5 The Company will not however be responsible for compensating the Customer for any other losses that the Customer may suffer if the Company are unable to supply the Goods for any reason.
3.1 Incorrect/defect/broken items must be noted at the time of delivery and documented on the driver's paperwork (proof of delivery) and the Customer should notify us within three (3) working days. Following this we will replace the items as quickly as possible at our cost. The Company may ask for photographic evidence and/or arrange return of the defect items. Failing which to notify us within three (3) working days, the Company shall disregard the defect items and will not be liable for any losses.
3.2 Due to the nature of the Goods, it will be deemed acceptable if there are one (1) or two (2) broken Goods and the Company recommend that the Customer may use them where cuts are necessary.
3.3 Full cancellations of partially defect orders will be subject to the Company standard returns policy below.
3.4 Claims for incorrect, wrong colour ,shade or defect Goods that have been fixed or otherwise used will not be considered. The Customer must ensure that Goods are to the Customer's satisfaction and suitable for use prior to fixing.
4.1 Goods will only be dispatched once full payment has been processed.
4.2 The Company accepts most major credit cards.
4.3 All payments are processed by iPay88 (Mobile88.com Sdn. Bhd.), using secure https communication in line with the terms & conditions set by iPay88 (Mobile88.com Sdn. Bhd.).
4.4 The Company never stores the Customer’s credit card details on the Company’ servers.
5.1 The Customer becomes the owner of the Goods once paid for and delivered. Goods will be held at the Customer own risk. The Company will not be liable for their loss or destruction once risk has passed.
5.2 The Company must be notified of any transit damage to the Goods, shortage, or incorrect Goods supplied within three (3) working days with full details containing the product codes, quantity and defect condition. Customer may submit the photo to us and email to email@example.com.
5.3 The Company will only deliver to the address on the order and Goods will not be left without a signature.
5.4 If no-one is available to sign for the delivery, the order will be delivered at another time with any extra costs to be met by the Customer.
5.5 To the extent permitted by applicable laws, liability of the Company for direct loss and damages arising from the defective condition of any of the Goods supplied will not exceed the contract value of the Goods in respect of which the complaint is made, where such defects could not have been reasonably prevented by the Company.
5.6 To the extent permitted by applicable law, the Company will not be liable for any loss, damage, action, claims and liabilities whatsoever, including, without limitation, special, indirect, consequential damages or loss of revenue, howsoever arising in connection with the sale of Goods whether in contract, tort (including negligence of any nature and whether sole or concurrent )or otherwise, even if the Company has been advised of the possibility of such damage or loss.
5.7 Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with the T&C herein, the Customer is entitled to request for a replacement of the Goods or part of the Goods, and in the event the Company is unable to replace the Goods for whatsoever reason, the Company will refund the price of the Goods or a proportionate part of the price to the Customer. Where the claim was made in relation to any defect which could not have reasonably been prevented by the Company, the Company bears no further liability to the Customer after making the appropriate replacement or refund.
5.8 To the extent permitted by applicable law, the Company also disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
5.9 To the extent permitted by applicable law, the Customer agrees that, in agreeing to this T&C, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this T&C or (if it did rely on any representations, whether written or oral, not expressly set out in this T&C) that it shall have no remedy in respect of such representations and (in either case) the Company shall have no liability in any circumstances otherwise than in accordance with the express terms of this T&C.
The Cancellation Policy and Exchange & Return Policy will be applicable to the Customer's purchase of the Goods.
If any provision or part-provision of this T&C is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this T&C.
These T&Cs are governed by and construed in accordance with the laws of Malaysia.
ii. Usage of multiple Creative Lab e-store accounts for purchases related to Creative Lab promotions; and/or
iii. Creation of account on behalf of another person or entity without their authorization.
The Company reserves the right to cancel the orders, suspend your account and terminate your account access.