Terms & Conditions

INTRODUCTION

Welcome to the aliceflorist.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Alice Florist Sdn Bhd (915064-W), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Alice Florist” means Alice Florist Sdn Bhd, a company incorporated in Malaysia under registration number 915064-W and having its registered address at 301, 303, Jalan Ong Kim Wee, 75300 Melaka, Malaysia. International credit card payments that you make through the site will be processed by our payment service provider, PayPal and eGHL.

By accessing the Site, 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. The Site 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 the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

USE OF THE SITE

Certain services and related features that may be made available on the Site 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 the Site 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. The Site 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 the Site 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 the Site, 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 yourself 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.

ORDER ACCEPTANCE AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

GST

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Alice Florist Sdn Bhd, being GST registered company, will include GST where applicable.

Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site 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 our property. The entire contents of the Site 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 Government 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, the Site 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 the Site 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 this Site 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 the Site 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 the Site or with any terms, conditions, rules, policies, guidelines, or practices operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Terms of Use

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts a quotation of Alice Florist for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Alice Florist;

"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 Buyer and Alice Florist;

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

"Goods" means the goods (including any perishable and or non-perishable of the goods. or any parts for them) which Alice Florist is to supply in accordance with a Contract;

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

“Alice Florist” means Alice Florist Sdn Bhd, a company incorporated in Malaysia under registration number 915064-W and having its registered address at 301, 303, Jalan Ong Kim Wee, 75300 Melaka, Malaysia.

1.2 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.

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

2. Basis of the Contract

2.1 The supply of Goods by Alice Florist to the Buyer 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 Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in Alice Florist’s website 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 for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Alice Florist.

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

3. Orders and Specifications

3.1 Order acceptance and completion of the contract between the Buyer and Alice Florist will only be completed upon Alice Florist issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Alice Florist shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Alice Florist shall furthermore be entitled to require the Buyer to furnish Alice Florist with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Alice Florist and on terms that the Buyer shall indemnify Alice Florist in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Alice Florist as a result of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in Alice Florist’s website at the time which the Buyer makes its offer purchase to Alice Florist. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Alice Florist in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Alice Florist’s website. The terms and conditions applicable to each type of payment, as contained in Alice Florist’s website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Alice Florist’s website, the following terms shall also apply to the following types of payment:

5.2.1 Credit Card

Credit Card payment option is available for all Buyers. Alice Florist accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.

5.2.2 Debit Cards

Alice Florist accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

5.2.3 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Alice Florist’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Alice Florist, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii. For the time being, Alice Florist accepts online bank transfers from Maybank, and, Public Bank.

6. Force Majeure

6.1 Alice Florist shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Alice Florist’s obligations if the delay or failure was due to any cause beyond Alice Florist’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Alice Florist’s reasonable control:

6.1.1 Act of God, explosion, flood, tempest, fire or accident;

6.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;

6.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

6.1.4 import or export regulations or embargoes;

6.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Alice Florist or of a third party);

6.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

6.1.7 power failure or breakdown in machinery.

6.2 Upon the happening of any one of the events set out in Condition 6.1 Alice Florist may at its option:-

6.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;

6.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Alice Florist shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

7. Insolvency of Buyer

7.1 This condition applies if:

7.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

7.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or

7.1.3 the Buyer ceases - or threatens to cease - to carry on business; or

7.1.4 Alice Florist reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.

7.2 If this condition applies then without prejudice to any other right or remedy available to Alice Florist, Alice Florist shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

8. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Alice Florist, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

9. Liability

9.1 Alice Florist shall be under no liability whatsoever where this arises from a reason beyond its reasona-ble control as provided in Condition 6 or from an act or default of the Buyer.

9.2 In no event shall Alice Florist 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 Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Alice Florist had been advised of the possibility of the Buyer incurring the same.

9.3 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Lazada’s liability for the same shall be limited in the manner specified in Condition 8.

9.4 Without prejudice to the sub-limits of liability applicable under this Condition 9 or elsewhere in these Conditions, Alice Florist’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.

9.5 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

9.6 No action shall be brought by Alice Florist later than 24 hours after the date it became aware of the circumstances giving rise to a claim.

10. Termination

10.1 On or at any time after the occurrence of any of the events in condition 10.2 Alice Florist may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with the Buyer with immediate effect by ­written notice to the Buyer.

10.2 The events are:-

10.2.1 the Buyer being in breach of an obligation under the Contract;

10.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;

10.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;

10.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

11. General

11.1 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.

11.2 No waiver by Alice Florist of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.3 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.

11.4 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, which the agreement must refer to Condition 3.2.

11.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 11.6.

11.6 Alice Florist 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.

11.7 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.

11.8 Alice Florist reserves their right to these terms­­­­ and conditions of sale at any time.