GENERAL TERMS & CONDITIONS
SCOPE OF APPLICATION
These General Terms and Conditions apply to each purchase in the online shop of Leica Camera Malaysia Sdn. Bhd. (Company No.: 1205256-V)
CONCLUSION OF THE CONTRACT
The products advertised in the online shop of Leica at http://www.leica-store.my do not constitute any legally binding offer. Upon ordering the item, a customer bindingly states the wish to buy the ordered item (offer to enter into a purchase contract with Leica). A customer can submit a binding purchase offer (order) via the online shopping cart system. For ordering in the Leica, the customer in the following “Customer” for any customer ordering on http://www.leica-store.my must take the following consecutive steps:
1) The Customer non-bindingly places product into the shopping cart by clicking the button “Add to cart” or “Pre-order”.
2) All product which the Customer has placed into the shopping cart can be viewed by clicking on the cart symbol on the navigation bar. Here, the customer can make changes at any time.
3) If the Customer wishes to buy the product placed into the shopping cart, the Customer will click the button “Proceed to Checkout”. This leads the Customer to the 3-step order procedure.
In the first step, the Customer needs to enter personal data with postal address, or sign in to an existing customer account, if any. In the second step, the Customer selects the delivery details and a payment method. In the third step, a control page provides the Customer with an overview of all data entered for the intended order (in particular invoice and delivery address, product, price, quantity, payment method). Here, the Customer is requested to confirm the correctness of the statements. The Customer can here also correct and/or change the order data by clicking on “+”, “-“ or “x”.
By clicking the button “Proceed to Payment”, the Customer submits a binding offer Leica, thereby offering the conclusion of a purchase contract.
The offer to enter into a purchase contract is accepted only by release of the product for delivery or by confirmation of delivery by Leica, thus establishing a purchase contract between the Customer and Leica If the order is to be delivered in more than one package, the Customer may receive an individual delivery confirmation for each package. In this case, a separate purchase contract is concluded between Leica and the Customer with regard to each delivery confirmation for the products specified in the respective delivery confirmation.
By sending the order (by clicking the “Proceed to Payment” button), the contractual text (the order) is electronically stored by Leica for the purpose of processing the contract, and the receipt of the order is confirmed to the Customer’s stated email address without delay (confirmation of receipt). Together with the confirmation of receipt, the Customer will by email receive the instructions on withdrawal from the Leica. Neither the confirmation of receipt nor the taking note of an order on the telephone will constitute a binding acceptance of the offer to enter into a purchase contract. Leica Camera Malaysia Sdn. Bhd. is entitled to accept the Customer’s binding offer within 7 working days (Monday through Saturday) from receipt of the order.
If a delivery address outside of the delivery range offered by Leica (outside of the of Malaysia), the Customer can send a non-binding offer request to Leica. In this case – different from the ordering procedure described above – the Customer cannot send a legally binding order via the “Buy now” button. In such case, Leica will promptly contact the Customer by email or on the phone and submit a concrete offer, if possible. A direct purchase via the online shop will in this case not be possible.
CUSTOMER’S CONTRACT PARTNER
LEICA STORE KUALA LUMPUR
G-11B @ G-12, Level Ground, Avenue K
156 Jalan Ampang
50450 Kuala Lumpur
PHONE: +60 321 63 1818
FAX: 603-2163 1836
Leica is available for any concerns of the Customer and possible complaints during its usual business hours from Monday through Friday from 9:00 to 17:00 on each day, under the above-stated contact details.
DELIVERIES AND SHIPPING COSTS
Leica hands over the ordered items to a shipping company according to the Terms of Delivery and Payment. The delivery costs are specified in the Terms of Delivery and Payment.
(a) This clause 9 shall apply to all refunds made in accordance with these General Terms and Conditions and the Terms of Delivery and Payment..
(b) Upon the return of product to Leica, we will refund you on the credit with which you used to make payment. The normal processing time for refunds is approximately 30 working days.
(c) Where the total value of Physical Products in a multi-item order is brought below RM1,500 upon the return of any Physical Product(s) in the order, the delivery charge of RM15 shall apply, and shall be deducted from the amount to be refunded.
(d) Where a refund is requested for a product which was purchased at a discounted price, or which was purchased using an e-coupon, the refund amount shall be at the discounted price paid for the product.
Except as otherwise stated, all prices are to be understood as end prices inclusive of the applicable statutory SST, plus delivery costs. The delivery costs are specified in the Terms of Delivery and Payment.
RETENTION OF TITLE
Until full payment of the purchase price, the products remain the property of Leica. This also applies in the event of resale, processing and combination of the products.
In no event shall Leica be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Leica had been advised by the Buyer of possibility of incurring the same.
Notwithstanding any other provision of these General Terms and Conditions, Leica’s maximum cumulative liability to the Customer or to any other party of all losses under, arising out of or relating to the sale products herein contemplated, shall not exceed the sums that the Customer has paid to Leica for the said purchase.
GOVERNING LAW AND JURISDICTION
(a) These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.
(b) The courts of Malaysia shall have exclusive jurisdiction over any legal action or proceedings arising out of, with respect to, or in connection with any disputes over these Terms.
(a) Leica reserves the right, to change, modify, add, or remove portions of these General Terms and Conditions at any time. Changes will be effective when posted here with no other notices provided and you are deemed to be aware of and bound by any changes to foregoing upon its publication here.
(b) If any provision of these General Terms and conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the provision in question shall not be affected thereby.
(c) Any typographical, clerical or the error or omission in any acceptance, invoice or other document on Leica’s part shall be subject to correction without any liability on Leica.
(d) Leica’s failure to enforce any provisions of these General Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect Leica’s right later to enforce these General Terms and Conditions.
Malaysia, Jan 2020 Leica Camera Malaysia Sdn. Bhd