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) Digital images may be uploaded to the website (details of the upload procedure can be found within). Images uploaded must be in the JPG or flattened TIFF file format. Images submitted in formats not specified by the upload procedure may not be accepted.
As detailed below, Leica accepts no responsibility for the copyright or licensing issues of files submitted to be printed. It is the users sole responsibility to ensure he/she has permission to use/disseminate/reproduce the files uploaded.
(a) Users are not permitted to remove any copyright, trademark or any other intellectual property notices contained within the original material or from any material copied or printed from the website.
(b) Users are not permitted to register on the behalf of another person unless specifically authorised to do so.
(c) Users are expressly forbidden to copy (by printing, storing, or disseminating in any way), alter or tamper in any way, or otherwise use any materials contained in this website except as set within these terms and conditions.
(d) Password security and the security of the confidential information stored within user accounts is the responsibility of the user. Any damage or unauthorised usage including but not limited to copyright infringement caused by any unauthorised access arising from security failure on the part of the user will not be the responsibility of Leica. While Leica will make all possible efforts to ensure the privacy of users is respected, liability for compromised accounts which are the fault of the user will not fall on Leica.
(e) Users are not permitted to request that Leica print images containing or relating to the following: Racist Material that is likely to incite hatred against any person or group Defamatory or otherwise actionable material that is libellous in nature Images of any criminal act Material, the use or inclusion of which infringes any copyright, trademark, or other intellectual property right of a third party Or material which breaches any applicable laws or legislation
(f) Leica will not be held responsible for the printing of images that breach the terms and conditions stated within the website and do not claim to be able to have knowledge of the legality of image print request. Whilst Leica will remain vigilant, it is possible that images printed by Leica may be unlawful or offensive.
(i) Leica reserve the right at their sole discretion to contact law enforcement agents or authorities should it come to pass that anything submitted or processed by us (including images in breach of the above) is unlawful or pertinent to enquiries of a relevant nature. Copies of these images or material may be supplied to law enforcement agents and in connection, Leica reserve the right to divulge otherwise private information to the authorities, including details stored within user accounts.
(j) Leica without notice and at their sole discretion refuse to execute print orders which it deems to be in breach of any of these terms.
(k) Leica also reserve the right to refuse further service pertaining to any person or persons who has knowingly or unknowingly breached any of the terms and conditions of the website.
Copyrights and indemnifications
(a) It is the responsibility of the user to ensure that all materials presented for processing, printing, copying, duplicating or disseminating by any means are free from any third party claims for breach of copyright or license.
(b) Users indemnify Leica, its employees and agents, associates and other members against any action, claim, damages, liability, costs or expenses arising from use of this website in breach of these terms or any claim that the processing, printing, or any other dealings with Leica in accordance with these terms of any images uploaded or otherwise supplied by or on behalf of a third party is an infringement of any party’s copyright, license, trademark, or intellectual property rights.
(c) The Client acknowledges that breach of copyright in the course of trade and business is both a civil wrong and a criminal offence under the terms of Copyright, Designs, and Patents Act 1988.
(d) Leica will take the utmost care in ensuring privacy and confidentiality of details and images. No responsibility will be undertaken by Leica for theft, unlawful use, etc that has resulted from use of the internet or other delivery method to send and receive files.
Accuracy of size and colour matching
(a) All sizes quotes are nominal and LCM shall accept no liability for minor variations in size as a result of inadequate preparation of files.
(b) Print profiles as supplied by LCM and its related agents are supplied as supplementary to normal service – as such, LCM are not liable for any discrepancy arising from the inaccurate preparation of files using our ‘soft-proofing’ or ‘colour management’ technologies. LCM’s print profiles are provided for use at the discretion of the user and the use, distribution, or modification of files provided by LCM are afforded upon the acceptance of these terms and conditions. LCM will endeavour to provide full instructions as to the proper use of these technologies and as such the user commits to accepting all responsibility for the modification of his/her images as a result of their use.
(c) he Client accepts that colour matching and the preparation of files is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, LCM will endeavour through the development of its colour profiles to achieve the closest possible match within the limitations and constraints of available technologies, materials, and processes used.
(d) Due to the imprecise nature of colour management and the discrepancies which may arise through their use outside of the controlled environment of LCM, LCM cannot be held responsible for differences in tone, contrast, or any other aspect of an image supplied due to its appearance on screen. The colour management process is designed to minimize and not eliminate tolerances in the reproduction of colour prints.
Questions and complaints procedure
a. Any complaints or claims must be notified within 7 (Seven) days of receipt of goods. Where goods are delivered by a third party such as City-Link Express or a courier firm, then the period of 7 days will commence on the estimated delivery date.
b. Any questions or complaints should be directed via the Contact Us page.
Malaysia, Jan 2020 Leica Camera Malaysia Sdn. Bhd