Terms And Conditions
TERMS AND CONDITIONS
Thank you for choosing us. These Terms and Conditions of Sale apply to all purchases of any POET product/s (Products).
In the interpretation of the conditions, the following expressions bear the followings meanings namely :
- “ Contract” means any contract, agreement or arrangement to which the conditions apply.
- “You” means the person, firm or company being the counterparty who purchase products directly from POET
- “POET” means POET Sdn Bhd (1316252-H)
PLACING AN ORDER
Poet reserves the right to accept or reject in its absolute discretion any order, or part of an order, which it may receive from you.
When a part payment (deposit) is received by Poet relating of your purchase of the Products, the order becomes immediately binding on Poet and you:
- Agree to all the terms and conditions set out in these Contract ;
- Authorised to use the credit card or debit card that you use to make the purchase;
- Are liable to pay the balance of the price for the Products in accordance with this Contract.
- when placing an order and paying (deposit), you acknowledge and agree that you are satisfied that the Products meet your requirements, suitable and sufficient for your intended purpose in all respects.
The prices for the Products are in Ringgit Malaysia (RM) and delivery costs will be in addition to the price of Products and these are included in the total cost of the order at check out.
A partial payment (deposit) is required at the time of placing the order, except where you purchase a clearance item. We will notify you of the partial payment (deposit) required before we process the order. Full payment by either cash, credit or debit card is required a week prior to the estimated delivery date of the Products.
Where the Products are clearance stock items;
- payment is required in full at the time of purchase for all such Products;
- only payments by cash and credit card will be accepted.
- You are responsible for any costs incurred in arranging payment for the Products, which include, but no limited to bank transfer fees and related charges.
(a) Payment by cheque
Payment by company or personal cheques must be received by us at least three (3) working days prior to the estimated delivery date of the Products. The cheques must clear with our bank (s) prior to delivery of the Products.
(b) Payment by card
Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Any time quoted for delivery is an estimate only. The estimated delivery date will be arranged with you in advance, however, you must not defer the estimated delivery date without Poet’s prior written consent. You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access (unless the failure to deliver on that date is due to Poet’s fault). You must ensure correct delivery address details are provided to Poet at the time of order placement and notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases or narrow passages). You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow for the delivery and layout of the Products. We cannot deliver to PO Boxes as you must be available in person to accept the delivery of your order. Products will only be delivered if a person aged over eighteen (18) years and who is able to accept delivery is present at the delivery address at the time delivery.
(a) an appropriate person not be available to accept delivery on the pre-arranged delivery date and time; or
(b) there be no space available to lay out the Products at the delivery address,
And delivery cannot be made, a card will be left and you will be responsible for organising collection or redelivery of the Products. You may also be charged for transport, re- delivery, storage and removal of existing furniture, whichever is applicable to your circumstances.
We reserve the right to make partial deliveries of any order. Failure to deliver all the Products you have ordered at any one time shall not invalidate these Terms insofar as any part deliveries are concerned.
CONDITIONS FOR ORDERS WITH A DELIVERY DATE
If you do not accept delivery or collect your Product within;
- 10 days from the date of your purchase for clearance stock item; or
- 2 weeks after the estimated delivery date for all other stock,
(the applicable ‘Delivery Period’), you become immediately liable to;
(a) pay the full purchase price; and
(b) arrange for the Products to be delivered to a storage facility of your choosing and you are liable for all delivery charges and storage fees.
Subject to the above, Poet can assist in organising storage where possible.
Poet may assist you with arranging this. If you do not attend to these matters immediately on expiry of the Delivery Period, Poet will rescind the contract for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original order. In these circumstances, you.
(a) agree to forfeit the entire purchase price of the Products; and
(b) to the extent permitted by law, waive all future claims to the Products.
CONDITIONS FOR ORDERS WITHOUT A DELIVERY
If you place an order for Products and Poet in its absolute discretion agrees not to set a delivery date for that order at the time of order placement, Poet does so on your strict compliance with the following conditions;
(a) within 6 weeks of receipt by Poet of your deposit you must confirm your order and mutually agree on an estimated delivery date from the dates that the offered by Poet as possible delivery dates for your order; and
(b) once the estimated delivery date is booked with Poet, you may not make any changes to your order. When an estimated delivery date is agreed upon, the terms and conditions under the headings ‘Delivery’ and ‘Cancellation of order’ in these Terms will apply to the delivery and cancellation of the order.
If you do not comply with the conditions in paragraph (a) above or you choose to cancel your order in circumstances where no estimated delivery date is set pursuant to paragraph (a), Poet will rescind the contract for sale of the Products by notice to you and failure to agree to an estimated delivery date as your cancellation of your original order. In these circumstances, you;
(a) agree to forfeit $500 of the deposit paid by you to Poet in payment for Poet’s administrative costs and expenses incurred in handling and cancelling the order.
(b) agree to receive the balance of the deposit by refund to the credit card, debit card or bank account, depending on how the customer made the initial deposit; and
(C) will have no further claim to the Products.
CANCELLATION OF ORDER
Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Poet’s showroom or online on the checkout page, whichever is applicable to you, before purchasing the Products. If you cancel your order where:
(a) the Products are clearance stock items; or
(b) the manufacture of your Products has commenced; or
(c) you do not accept delivery of your Products,
You agree to pay a cancellation fee up to the entire purchase price of the Products plus all costs and losses incurred by Poet associated with storage and handling fees, at Poet’s discretion. Poet accepts no cancellation of orders, returns, refunds or exchanges on clearance stock.
Poet will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond Poet’s reasonable control – for example, due to Poet ’s supplier delays, production delays or shipping delays. We will use reasonable endeavours to meet estimated delivery date. If we do not meet the estimated delivery date, Poet’s liability will be limited, at Poet ’s option, to resupplying the Products at a different time. If at any time after receiving an order from you, Poet, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event that prevents or delays Poet from supplying some or all of the Products set out in an order by the estimated delivery date, Poet may elect to extend the time for performance of the delivery or terminate the order if the Force Majeure Event continues for a period of fourteen (14) days or more, without any liability to you.
In this paragraph:
(a) ‘Force Majeure Event’ means any acts of God, fires, earthquakes, typhoons, floods, storms, explosions, natural hazards and/or disasters, internet failures, computer equipment failures, other equipment failures, electrical power failures, viruses, strikes, lock-outs, bans or other industrial disturbances, riots, insurrections, civil disturbances , shortages of labour or materials, war, acts of foreign enemies, governmental or public sector actions or interference whether by –laws, rules, regulations, orders, binding codes of conduct or any other method of legislation, orders of domestic of foreign court or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning, acts of foreign enemies or perils of the sea or other perils and any cause or circumstance whatsoever beyond the control of the parties; and
VARIATIONS AND SPECIFICATIONS
Your Product may exhibit different characteristics to the sample in the Poet showroom or image on Poet website. Please note that soft furniture may vary in appearance and characteristic such as creasing and the degree of softness. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product.
To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to Poet ’ s best judgment to improve the design of the Products where these changes are limited to the internal changes to the Products and are not noticeable to you.
INSPECTION OF CLEARANCE ITEMS AND SPECIAL CONDITIONS FOR CLEARANCE ITEMS
Where you are purchasing Products that are clearances stock items you must inspect the Products prior to purchase and in purchasing such Products you accept any defects and minor damage to those Products. Any scratches, marks or damage not affecting the performance of the Products will be noted at time not from part of any warranty provided by Poet in relation to those Products,
Please choose carefully as Poet will not provide you with a refund or exchange simply because you have changed your mind or the Products did not meet expectations. Poet will not be responsible for ensuring that the Products are suitable for a particular purpose unless it is self-evident or accepted in writing by Poet. Unless Products are faulty, we are unable to refund, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products whilst they were in your possession or control. Please refer to our Warranties at our website at www.poetliving.com or a copy of which is available upon request.
INSPECTION OF PRODUCTS ON DELIVERY AND CLAIMS
You must inspect your Products when you take delivery of them and you will be required to note any damage on the delivery documentation which is presented to you upon delivery. This does not apply to clearance items, where you accept any defects and minor damage to such Products.
In all other cases, to make a claim you must notify Poet in writing of any damage to the Products or shortages in delivery within twenty-four (24) hours of delivery by Poet by contacting +60377312997 or by sending an email to firstname.lastname@example.org. The notice must contain the order number, delivery date and reasonable details of the non-conformity. If the notice does not contain these details, it is deemed acceptance of the Products by you. Poet is not liable for any claim of loss, damage or fault to the Products that you do not notify strictly in accordance with these Terms.
Non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.
These terms and conditions will be governed by and construed in accordance with the laws of Malaysia. The parties submit to the non-exclusive jurisdiction pf the courts of Malaysia.