Terms and conditions of sale
Terms and conditions - Kapas Living
1.1 In these Conditions:
“Buyer” means the person who purchases Goods on the Platform;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;
“Kapas Living” means Plush Services Sdn. Bhd. (Company No.: 1154542-M), a company incorporated in Malaysia and having its business address at A2-17-3&3A, Soho Suites KLCC, 20 Jalan Perak, 50450 Kuala Lumpur;
“Kapas Living Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the kapasliving.com website;
“Seller” means Kapas Living.
“Services” means the use of any services, information and functions made available by Kapas Living on the Website;
“Writing” includes any comparable means of communication.
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 Any references to “Kapas Living” in these Conditions refer to both Kapas Living’s actions on its own behalf as Seller.
1.4 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 Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Kapas Living or a Third Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Website for the purchase of Goods sold by Kapas Living and Kapas Living has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Kapas Living.
2.3 While the Seller endeavours to provide an accurate description of the Goods, Kapas Living does not warrant that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Website and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Kapas Living in its website shall be subject to correction without any liability on the part of Kapas Living.
3. Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Website. Kapas Living shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Kapas Living shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.2 Order acceptance and completion of the Contract between the Buyer and Kapas Living will only be completed upon Kapas Living issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Kapas Living 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. Kapas Living shall furthermore be entitled to require the Buyer to furnish Kapas Living with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Kapas Living and on terms that the Buyer shall indemnify Kapas Living (Plush Services Sdn Bhd) 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 Kapas Living as a result of the modification or cancellation, as the case may be.
4.1 The price of the Goods shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Kapas Living in addition to the price, but it excludes the delivery charges.
4.2 In the event that a Goods has been mispriced on the Website, the Seller reserves the right to terminate the Contract, in which Kapas Living shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Website. When Buyer places an order on the Website, actual payment will commence once the checkout process is completed at the Check Out page. All payments shall be made to Kapas Living.
5.2 The terms and conditions applicable to each type of payment, as prescribed by Kapas Living on the Website, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. Kapas Living accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
Kapas Living accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Kapas Living account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Kapas Living, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.3 Buyer may not claim against Seller for any failure, disruption or error in connection with the Buyer’s chosen payment method. Kapas Living reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:
5.4.1 Cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.5 All refunds shall be made via the Kapas Living Stripe account. Kapas Living offers no guarantee of any nature for the timeliness of the refunds reaching the Kapas Living Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Kapas Living. All refunds are conditional upon Kapas Living’s acceptance of a valid return of the Goods. Kapas Living reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6 All payments for the purchased Goods must be made to Kapas Living using the payment methods made available on the Website only. Kapas Living shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Website.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Kapas Living has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Kapas Living shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Kapas Living, Kapas Living may:
6.4.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.4.2 terminate the Contract and claim damages.
7. Return, Refund and Replacement of Goods
7.1 All Goods sold on the Website is covered under the Kapas Living 15 Days Easy Returns or 15 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Kapas Living or Seller through the Website.
7.2 Buyer may, write to us or fill in the “Contact Us” form, apply to return the purchased Goods to Kapas Living or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Kapas Living or Seller within 7 or 15 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Kapas Living or Seller within 48 hours of receiving the delivery to expedite the claim process.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.3.2 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
7.3.3 Buyer has a change of mind with regard to the Goods; and
7.3.4 such other circumstances which may be prescribed by Kapas Living on the Platform.
7.4 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Kapas Living on the Platform.
7.5 Questions and complaints with regards to returns
7.5.1 If you have any questions or complaints, you may contact Kapas Living using the “Contact Us” page on the Platform, as applicable.
8. Risk and property of the Goods
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Kapas Living has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Kapas Living has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Kapas Living ‘s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.4 The Buyer agrees with Kapas Living that the Buyer shall immediately notify Kapas Living of any matter from time to time affecting Kapas Living’s title to the Goods and the Buyer shall provide Kapas Living with any information relating to the Goods as Kapas Living may require from time to time.
8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Kapas Living shall be entitled at any time to demand the Buyer to deliver up the Goods to Kapas Living and in the event of non-compliance Kapas Living reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Kapas Living but if the Buyer does so all moneys owing by the Buyer to Kapas Living shall (without prejudice to any other right or remedy of Kapas Living) forthwith become due and payable.
8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
8.8 The Buyer shall indemnify Kapas Living against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Kapas Living ‘s rights under this condition.
9.1 Buyer may terminate the Contract before Kapas Living dispatches the Goods, by written notice to Kapas Living through our Contact Us page. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Kapas Living, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10. Warranties and Remedies
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, Kapas Living warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Kapas Living further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 Kapas Living’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Kapas Living.
10.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
10.3.3 Kapas Living binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Kapas Living ‘s opinion in that behalf. Kapas Living does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 Kapas Living shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, chemical, electro-technical/electronic or electric influences, failure to follow Kapas Living ‘s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Kapas Living ‘s approval.
10.3.5 Kapas Living is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Kapas Living’s prior written approval and the Buyer shall indemnify Kapas Living against each loss liability and cost arising out of such claims.
10.3.6 Kapas Living shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
10.3.7 Kapas Living shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Kapas Living or Seller in exchange for a replacement or a refund in accordance with Kapas Living’s Return Policy and Clause 7 of these Conditions above.
11.1 No action shall be brought against Kapas Living later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 15 days after the end of the Warranty Period.
12.1 Kapas Living shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Kapas Living ‘s reasonable control.
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Kapas Living, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce 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.
12.4 No waiver by Kapas Living 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. Further, Kapas Living’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.5 If any provision of these Conditions is held by any competent authority to be illegal, 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.
12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the 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 Clause 3.3 of these Conditions.
12.7 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 12.9 below.
12.8 Notwithstanding Clause 12.2 above, Kapas Living shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.9 Kapas Living may, through the Platform or by such other method of notification as Kapas Living may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Kapas Living specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.
12.10 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Kapas Living’s part shall be subject to correction without any liability on Kapas Living’s part.
12.11 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.12 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.13 Kapas Living reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Kapas Living deems appropriate.
Kapas Living Care
This Service Contract is a legal agreement between you and Kapas Living, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Please refer to the “DEFINITIONS” section at the end of this Service Contract for the meanings of capitalised terms used in this Service Contract.
Your purchase of the Services extends the warranty period for a fifteen (15) days period (based on your selection, and as specified on the Product listing page) from the date of product received. The period commencing from the recipient and ending fifteen (15) days is known as the Service Period.
The Services are subject at all times to the following:
a) We have the sole option to repair or (if in our sole discretion it is more commercially practicable to do so) replace your Product with an item of similar quality and specifications.
b) If we determine (in our sole discretion) that it is more commercially practicable to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement.
c) Costs of shipping for the replacements of the Product will be borne by the Buyer.
d) Replacements of the Product are limited to products which are for personal use. This means that Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract.
We shall not be liable to provide you the Services in relation to any of the following:
1. Any damage or problems with the Product caused by negligence, omission or default of any kind, other than where you are entitled to services under “Accidental Damage”.
2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
4. Any acts of fraud, or other dishonest or criminal acts.
5. Property and/or product liability insurance.
6. Any defects that are subject to recall by the manufacturer / dealer.
7. Abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications.
8. Costs of express service charges and transportation damage unless specifically included in the Service Contract.
9. Problems or defects not covered under the original manufacturer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage or replacement services.
10. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
11. Damage due to organic infestation (from internal and/or external sources).
12. Commercial use (multi-user organisations), public rental, use for profit or communal use.
13. Any diagnosis where no defect has been found or noted.
14. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.
15. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage or replacement services.
FOR SERVICE REQUEST – CALL OUR SERVICE HOTLINE +017 331 9747
Our experienced customer service representatives will be ready to guide you through any process. To expedite the Services, please ensure that you have your Service Contract details readily available before placing the call.
To validate that your Product is covered by the Services, please ensure you keep all the proof of purchase, such as sales receipts, in a safe place.
This Service Contract can be cancelled within 30 minutes of the Product order date at a full refund of paid service fee provided that no Service request has taken place. If a Service request has taken place, no refund will be provided upon cancellation.
This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product. For verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the provision of the services contemplated by this Service Contract. As such, we recommend that you place these documents in a safe place.WWebs