- The Site is a website operated by Arte (M) Sdn Bhd. (“Arte Malaysia”, “Arte”, “Company”). We are a private limited company registered in Malaysia. and have our registered office at Suite 12-A, Level 12, Menara Northam, No. 55, Jalan Sultan Ahmad Shah, 10050 Penang, Malaysia.
- You and the Company may enter into a sales contract for the sale and supply of goods or services described in this Site, by you making an offer to the Site via the website, to purchase the goods and services at the specified price, subject to these Terms.
- In these Terms:
a) “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this Site.
b) reference to a “third party” in these Terms includes a reference to any agent or contractor of the Company, or of any of its related entities, and any person engaged by any of them, in the creation, provision or maintenance of the Site or in the fulfilment of orders made through the Site, and includes any of them
c) “Order” means an offer made by you in response to an invitation to treat made by the Site via the website.
- We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this Site. We recommend you review the terms for amendments each time you use the website and before placing any Order. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. Any changes to these Terms will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Terms.
- By accessing and/or using the Site, you accept these Terms and Conditions and agree to be bound by them, and an agreement is formed between us and you.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the Site following any amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the Terms for amendments each time you use the Site and before placing any Order.
Guests and Registered User
- You may access and/or use the Site as a guest or as a member.
- To become a member of the website, you must provide your name and address, telephone number (mobile phone number is preferred), a valid email address and nominate a username and a password. If you do not provide accurate and complete details, we may not be able to activate your membership, communicate with you, or supply goods or services to you. You agree to keep your membership details current at all times by accessing your account via the website.
- You may receive an email from us as soon as after you create your membership account.
- We only permit one registration per email address.
- You must not use another member’s account without permission.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of your password or account.
- If you forget your password you may click on the relevant link located on the Site and we will email you a link to create a new password.
- We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.
- You must be 21 years of age or over, and you must be a non-Muslim to register as a member of the Site or purchase goods or services from the Site.
- Any Order and/or purchase made by you using this website is an acknowledgement by you that:
a) You are over the age of 21 years
b) You are not a Muslim
c) You accept these Terms
d) You agree that you have entered into a legal contract with the Site in relation to these Terms
e) these Terms, together with your Order, constitute the entire agreement between you and the Site for the supply of goods or services.
- The Company reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage of any kind the Site may suffer as a result of a transaction entered into by a minor and/or a Muslim.
- We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- Once an Order has been accepted by the Site, no cancellation of that Order is valid unless you receive our written communication permitting the Order to be canceled.
- Representations of goods or services for sale made by the Site via the website do not constitute an offer to sell but an invitation to treat.
- You and the Site may enter into a contract for the sale and supply of goods or services by you making an offer via the website to purchase goods at the price advertised on the website by:
a) Placing an electronic Order for the goods or services using the website.
b) You confirm the Order details in accordance with the procedure on the Site.
c) You making payment in full (plus any applicable delivery, handling charges, and taxes where applicable) when receiving your parcel.
d) You making payment in full (plus any applicable delivery and handling charges, and taxes where applicable) on the website.
e) The acceptance of that offer by the Site
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the good(s) or services only when:
a) Any and all requirements set out in these Terms have been met.
b) The electronic instruction containing the offer from you enters and is recorded in our database.
c) A record is created and stored in our database.
d) The Site receives in its account full payment from you for the goods or services (including any applicable delivery, handling charges and taxes where applicable) and confirmation of that payment is received by our database.
You Acknowledge That:
- The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by the Site for reasons beyond parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems.
- To the fullest extent permitted by law, the Site and the Company are not liable to you in any way for any loss or damage of any kind, however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
- The Site may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you.
- The Site may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
a) You will receive an email from the Site as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us (Kindly refer to the Site’s Contact page). Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of your Order.
b) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
c) The Company, in its sole and absolute discretion, may accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order.
d) Any representations made at any time about stock availability are accurate to the last known stock level and are subject to change. If the Site cannot supply particular goods, we will notify you by telephone or email as soon as possible.
e) the Site will be deemed to have accepted your Order on the first to occur of issue to you of a tax invoice for the sale and the fulfilment of your Order.
- Prices shown are in Malaysian Ringgit. Prices may not include delivery and handling charges. Prices are valid until amended or removed from the website and are subject to change at any time.
- Each published saving in respect of goods or services is by reference to the lower of the recommended retail price.
- Images of goods shown without any advertised price beside that image are not offered for sale.
- Unless otherwise stated, accessories shown in any image of goods are not included in the price.
- We reserve the right to correct any errors published on the website at any time.
Credit Card Payment
- All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
- Your credit card will be charged for your order on the day your order is taken.
Our payment platform will charge your credit card for an amount equal to 100% of the total items in your order. The Site will not process orders that use an incorrect, expired, overdrawn or fraudulent credit card. We will make our best efforts to contact you if this occurs.
- However, in the event such an order is processed, the Site or the Company reserves the right to collect funds for any uncollected transactions owed to it.
- If you fail to pay any fees or charges when due (which would include if a cheque is returned or electronic payment is rejected), the Site or the Company reserves the right to cancel the order.
- In case of suspected use of fraudulent credit cards (with information given by the bank or by our own staff), the Site reserves the right to hold the delivery until the bank confirms the legitimacy of the payment.
- You shall be responsible and liable for any fees (including attorneys’ fees and collection costs) that the Site or/and the Company may incur in its efforts to collect any unpaid balances from you.
- Your right to use the Site’s services is subject to limits established by the Site and/or by your credit card issuer.
Supply and Delivery
- Subject to you complying with these Terms and acceptance of your Order made on the Site, We will sell and supply the goods or services to you as shown on your Order confirmation.
- If the goods that you have ordered are in stock we will endeavor to dispatch orders according to delivery time line as specified in the Frequently Asked Questions (“FAQ”) section.
- For Goods that may not be available for immediate delivery (eg. Backorders, Preordered Goods), we will inform you the expected delivery and arrival dates.
- When you complete your Order you will be prompted to select to have the Order delivered to an address specified by you.
- If the Site gives you notice that it will be unable to deliver your Order within the delivery timeline as specified in the FAQ section due to lack of stock or other other reasons due to the Site or Company mistakes, you may cancel your Order without charge, and the Site will arrange for a full refund of any payment made by you to be processed.
- Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods within the specified time resulting from shipment/delivery delays from our suppliers or third party delivery contractor.
- If there is no one available to accept delivery on the pre-arranged delivery date, you may be charged for storage, transport and re-delivery costs.
- Should you arrange your own delivery or collection then the goods become your responsibility upon collection from Site on designated pick-up location.
- We shall not accept responsibility for delivery failures or delays by our third party delivery contractor.
- The terms of this clause apply where you select to have your goods delivered to a specified address.
- The delivery address must be an address within Peninsular Malaysia West Coast and cannot be a freight forwarding location. Deliveries cannot be made to Kelantan, Terengganu, Pahang, and East Malaysia.
- On acceptance of your Order by the Site, your Order will be dispatched to your specified delivery address generally within dispatch orders within the delivery timeline as specified in the Site’s FAQ page, subjected to the other provisions of these Terms.
- You will be required to be available in person to accept delivery of your Order.
- If you wish to change the delivery date or delivery address you must contact us at least 24 hours prior to the dispatch or shipment of your Order to our third party delivery contractor.
- We will use our reasonable endeavors to deliver your Order within any stated timeframes for dispatch; however the Company does not warrant that these timeframes will always be met, as many factors may affect these timeframes. For delivery outside Penang and Sungai Petani, the delivery timeframe will be less flexible as the delivery is handed by our third party delivery contractor.
- You must advise at the time you place your Order via the website or later when you discuss delivery with the Site, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
- The Site and the Company cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
- You are required to inspect your goods when you receive the delivery. You will be required to note any damage or discrepancies of the goods on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage, shortages or discrepancies within two (2) days of delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within the time period specified above.
Title and Risk In Goods
- Title and risk in goods pass to you on delivery or collection and after full payment has been received by the Site.
Payment and Credit Card Fraud
- To the fullest extent permitted by law, the Site and its related entities will not be responsible for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a credit/debit card, or other payment method is fraudulently used or is used in an unauthorized or improper manner.
Disclaimer and Indemnity
- To the fullest extent permitted by law (and without limitation to any other provision of these Terms), the SIte, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the Site (or any goods or services purchased on the Site) including, but not limited to, loss or damage you might suffer as a result of:
a) Errors, mistakes or inaccuracies on the website.
b) You acting, or failing to act, on any information contained on or referred to on the Site and/or any linked website.
c) Personal injury or property damage of any kind resulting from your access or use of the website.
d) Any unauthorized access to or use of the websites secure servers.
e) Any interruption or cessation of transmission to or from the Site.
f) Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Site by any third party.
g) The quality or fitness for any purpose of any linked sites.
- Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent allowed by the law, the Site and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Site or any goods or services purchased on it.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the goods or services on the Site. Any representation, condition or warranty which might be incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are suitable for your purposes.
- You will at all times indemnify, and keep indemnified, the Site, the Company and each of its related entities, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or any breach of these Terms.
- If you have any query about the progress of your Order, please contact us. Please have your Order number handy as shown on the email confirmation of your Order.
Damaged or Faulty Goods
- If any goods ordered by you arrives damaged or is not of acceptable quality, you may have:
a) Rights under our Returns Policy
b) To have the damaged goods replaced
- If your Order arrives damaged, please contact us immediately.
Your Right to Cancel Your Order (Right of Withdrawal)
- Subject to the terms set out below, you have the right to cancel your Order and return the goods up to seven (7) business days starting from the day the goods are received by you, subjected to evaluation within seven (7) business days starting from the day we received your returned items, and provided that:
a) You have proof of purchase (order / invoice number and receipt).
b) You received undrinkable wine or alcohol products* (*subjected to evaluation within seven (7) days starting from the day we received your returned items)
c) You received the wrong item in your package.
d) You received breakage of wines upon arrival.
e) You received missing items in your package.
f) Your received product does not match the website specifications or description.
g) If delivery has taken place, the refund will exclude delivery charges paid.
h) One exchange is allowed per purchase subject to stock availability. The exchange product will not be eligible for further exchange or refund unless faulty.
- Other than as set out in clause 16(a), the Site will generally not provide you with a refund or exchange simply because you changed your mind or the goods were not what you expected.
- The Site and the Company will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
- The courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or any Order placed on the Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Malaysia law.
- If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and the Site.
Transfer and Assignment
- If the Site merges, sells or otherwise changes control of its business or this Site to a third-party, the Site and the Company reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that the Site has collected from you and any agreements it has made with you.
- The failure by the Site to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the Site or the Company.