Terms & Conditions – Moodboard

Terms & Conditions

Terms of Use

The terms and conditions of this Agreement govern your use of the services to principally view, order, purchase and pay for items ordered (“Services”) provided by Shiranoe Sdn Bhd (Company Registration No.: 741630-K) of 15, Jalan Helang Bukit, Industrial Estate, Kepong Baru, 52100 Kuala Lumpur, Malaysia. (“We” or “Us” or “Our”), a Malaysian entity, either itself or through its subsidiaries or licensees, via our e-commerce platform namely “www.moodboardstore.com” (“Site”).

By using the Site, you are indicating that you have read, understood and agreed to be bound by the terms and conditions herein. If you do not agree with its terms, please do not use this Site.

The Services constitute a platform that enables our users to view, order, purchase and pay for items and enjoy special promotions, maintain and subscribe or in any manner deal with the items sold by us or our participating vendors.

 

Registration of Account

To fully access or use the Site, you are required to register for an account by providing, among others, your name, email address and a valid mobile number. You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of this Agreement, which may result in immediate termination of this Agreement.

In registering an account, you shall not:-

  1. select or use as an account a name of another person with the intention to impersonate that person;
  2. use as an account a name subject to any rights of a person other than you without appropriate authorization; or
  3. use as an account a name that is otherwise offensive, vulgar or obscene.

We reserve the rights to refuse registration of, or cancel an account in our discretion. You shall be responsible for maintaining the confidentiality of your password.

Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.

We have the rights to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involve any criminal activity or where we reasonably believe you to be in breach of this Agreement.

You agree that you will inform us when there is a change of mobile number to enable us to carry out verification process and you shall keep the password and PIN secured.

 

Guidelines to Use the Site

The use of this Site is subject to our guidelines. You shall only use the Site for lawful purpose and you are prohibited to:-

  1. cause nuisance, annoyance, inconvenience when order items from the menus via the Site;
  2. use the Site for purposes other than obtaining the Services/Products;
  3. impair the proper operation of the Site or Services;
  4. harm the Site or Services in any way whatsoever;
  5. copy, or distribute the Site or other content without written permission from us;
  6. misuse the site or commit any form of hacking or causing a corruption of data, transmitting and/or distributing virus that is technologically harmful to the Site; and
  7. infringe upon the rights of any other users and their proprietary rights.

 

Payment

Any ordering of Products requires a pre-payment be made.

The payment will be processed by the payment gateway selected by ipay88. You will be bound by the terms and conditions determined by the payment gateway merchants.

We shall also reserve the rights to rectify any discrepancy without the need to provide you notification.

More payment options please refer to our Payment Method.

 

Purchasing of Products

We will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of Products are correct at the time as reflected in the Site. We have made every effort to display as accurately as possible the appearances, colours, or finishes of our products that appear on the Site. All products descriptions, information and materials posted on the Site are provided on a “as is where is basis” without any form of warranties, express, implied or otherwise. The Product image as seen on the Site may differ slightly from the actual Product you receive.

All orders that you place on the Site will be subject to acceptance in accordance with this Agreement and to submit an Order, you are required to follow the online shopping process as appeared on the Site.

Your order may be unprocessed due to any one or more of the following non-exhaustive reasons: –

  1. The product you ordered is out of stock;
  2. Our inability to obtain authorisation for your payment; and
  3. There is a system or procurement failure.

 

Delivery Policy

Delivery will be made as soon as possible (3 to 10 working days depends on location) after your order is accepted in a form of standard packaging. You may refer to Shipping & Delivery for details.

We will make every effort to deliver the ordered Products. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example non-availability or intermittent of internet connection, sudden surge of customers. We shall be under no liability for any losses, costs, damages, charges or expenses for any delay or failure to deliver the ordered Products. Any related issue or complaint, please contacts our Customer Service at hello@moodboardstore.com.

Ownership of the Products will pass to you when they have been delivered to you. Once ordered Products have been delivered to you they will be held at your own risk and we will not be liable for their spillage, wastage, loss or damage.

If the Products we delivered are not what you ordered or not fit for usage, we shall have no liability to you unless you notify and return to us immediately not later than 14 Calendar days from the receipt of the Products in question and the Products shall be un-used with tags not be tampered with in the original brand packaging. Upon receipt of the Products in question, we will examine the Products and advise you the status of replacement or refund (if any) via email.

 

Exchange or Return Policy

We accept item purchased from the Site be exchanged or returned as long as the item(s) purchased is in its original condition, which is unworn, unwashed, unchanged, unaltered or damaged in any way.

Any return due to sizing issues, particularly for shoes, will be exchanged with a same item as long as it fulfils the terms & conditions.

Where else return due to manufacturer’s defect, request for exchange of a same item or to refund are acceptable.

If accessories are included with the original purchased item, the item must be returned in original condition together with the accessories.

The exchange or return must be done within 14 calendar days counting from item receiving post stamp date or item receiving date in courier company’s records. Postage of returning the item is to be borne by the purchaser.

Upon returning the purchased item, you are required to fill in and attach the Exchange / Return Form along with the original Tax Invoice as proof of purchase. Please email the returned item courier slip tracking number to hello@moodboardstore.com for our follow up.

All exchange and return must be sent to the following address:

Shiranoe Sdn Bhd (741630-K)
No. 15, Jalan Helang Bukit, Industrial Estate
Kepong Baru
52100 Kuala Lumpur
Malaysia
Tel: +603-6274 3334

The Management of the Site reserves the rights to decide whether any item is in a condition suitable for exchange or return, and the rights to reject any unfit return and refund.

We do not accept exchange or return of online purchases at any of our retail counter/outlet/boutique.

Exchange can only be done once per purchase.

 

Refund Policy

A refund will only be given if the returned item contains manufacturer’s defect or not exchangeable due to out of stock and discontinuation of production.

The management of the Site reserves the rights to decide whether any item is in a condition suitable for refund.

The request to refund must be made within 14 calendar days counting from item receiving post stamp date or item receiving date in courier company’s records.

All refunds may take up to 5-15 working days to be processed.

ALL clearance or sales items are not refundable.

We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

You must observe and comply with all the applicable regulations and legislation to order Products from this Site.

We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any Products not fit for usage for whatever reasons and we reserve the right to withdraw any Product from the Site at any time and/or remove or edit any material or content on this Site. Whilst we will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order which we reserve the rights to do at any time, at our sole discretion. If we cancel your Order which you have already made payment, we will refund you in full.

The Products for sale are subject to availability of the Products.

All prices are inclusive of GST or any other taxes imposed by the government.

All prices stated are correct at the time of listing at the Site.

We have the rights to revise the Products listing and prices without prior notification given to the customers.

It is your responsibility to ensure that you are legally allowed to purchase the Products you ordered through the Site.

 

Redemption

We reserve the rights to provide any form of promotional redemption vouchers at our sole discretion. As a general rule, you may redeem only one voucher per promotional campaign. We reserve the rights to cancel any subsequent voucher made by you using a voucher of the same promotional campaign and such voucher will be deemed used and irrecoverable.

 

Personal information

When you use the Site, we will collect, store and use certain information as described in our Privacy Policy. If you do not agree to such provisions, please do not use this Site.

 

Confidential information

Confidential information is important to the both of us. In view of this, we will not disclose or use your confidential information and likewise, you will not disclose or use ours. However, nothing binds us from the acts of the payment gateway providers who may mishandle your confidential information. If you have any related issue or complaint, please contact our Customer Service.

“Confidential Information” means any information disclosed or made available to you by us or vice versa, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.

However, Confidential Information does not include information other than information that:-
is or becomes publicly known and generally available other than through your action or inaction; or
was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.

 

Our liability to you when you use our Site

You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Site and/or Services. We are not responsible for the actions of the payment gateway providers as they are not our employees and/or agents. If you have any related issue or complaint, please contact our Customer Service at hello@moodboardstore.com.

 

Our Intellectual Property Rights

You acknowledge that we own all rights, titles and interests, including without limitation all Intellectual Property Rights (as defined below), in and to the Site, and that you will not acquire any rights, titles, or interests in or to the Site except as expressly set forth in this Agreement.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.

You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Site.

“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

 

Marketing and Notifications

We will send you information containing advertisements and promotions of the Products if you have opted-in to receive them. If you have however opted out, we may still send you notification relating to on-going activities on the Site. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.

For any other details you can contact us at hello@moodboardstore.com.

 

Suspension or termination of account or this Agreement

We may suspend or terminate your access to all or any part of the Site at any time, with or without cause, effective immediately. You may terminate your use of the Site at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to suspension or termination of your account.

We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.

We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.

 

Post-termination

In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –

  1. your access to the Site shall immediately be terminated;
  2. you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
  3. we reserve the right to permanently dispose and delete any data held in the Site without further reference to you; and any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

 

Limitation of Liability

We shall not be held liable for any form of liabilities including but not limited to fraudulent transactions made on your credit cards, any form of misuse of the Site, unable to deliver the Products ordered or it is not of merchantable quality, and you agree to hold us harmless for any liabilities and will further indemnify us if you wish to initiate any action against us.

Disputes

This Agreement will be governed by the Malaysian law and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia at Kuala Lumpur. Any claim against us arising from the Agreement shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy of any other party.

 

Modification of Agreement

We reserve the rights to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Site at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Site. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.

What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

 

General Terms

Nothing in the Agreement prohibits us from adding, withdrawing or modifying the functions and operations of the Site and we reserve the rights to do so.

You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Site and/or your breach of any term of this Agreement.

This Site may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

No agency, partnership, joint venture, employee-employer or other relationship is intended or created by this Agreement.

If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.

In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We do not represent or warrant that:-

  • access to the Site or any part of it, will be uninterrupted, reliable or fault-free; or
  • the Site or any of its contents will be accurate, complete or reliable.

We do not guarantee or warrant that the data stored in our server or generated by the Site will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.