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Terms of Use

UNDERSTANDING STOKK

CIRCLEWEB SDN BHD (Company no. 1306328-V) trading as “STOKK” is a company incorporated in Malaysia and having its business address at Suite 9.03, 9th Floor, Menara Raja Laut, 288 Jalan Raja Laut 50350 Kuala Lumpur (hereinafter referred to as “STOKK”).

STOKK is an online platform where Customer(s) discovers and purchases local Premium Artisanal Item(s) from the Vendor(s) in Malaysia based on the understanding as follows:-

a)
that STOKK does not form part of the sale transaction;
b)
that Customer(s) is buying directly from the Vendor(s);
c)
STOKK may pre-screen Vendor(s);
d)
STOKK does not guarantee or endorse any Item(s) sold on the Platform or any content(s) uploaded, displayed or posted by the Vendor(s) (including but not limited to photographs pictures or languages used in listings or shop policies) on the Platform; and
The following Terms and Conditions are STOKK’S copyrighted intellectual property.
1. DEFINITIONS AND INTERPRETATIONS
1.1
In these Terms and Conditions, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided, the following words shall have the following meanings:-
Account
:
refers to the Account(s) which is registered at STOKK;
Business Day
:
means a day from 9.30 a.m. to 5.30p.m. in Malaysia and shall exclude Saturdays, Sundays and/or all public holidays in Malaysia and/or any state holidays (whether gazetted or ungazetted);
Purchase Order Confirmation
:
refers to an email issued by STOKK, which acknowledge receipt of the Purchase Order in accordance with clause 6 below;
Contract
:
refers to the Customer(s)’ Order of an Item(s) in accordance with the Terms and Conditions herein which STOKK accepts in accordance with clause 4 below;
Buyer(s)
:
refers to any individual who places an Order at STOKK;
You
:
refers to the Customer(s) or Guest;
Order
:
refers to the Order submitted by the Buyer(s) to STOKK in respect of the purchase of an Item(s) from the Vendor(s) on the Platform;
Platform
:
refers to STOKK Website, and any other websites or applications which STOKK may own or operate from time to time, collectively described as a “Platform”;
Website
:
refers to the STOKK website accessible at the following address at info@stokk.my
Customer(s)
:
refers to the Buyer(s), Client(s) and/or Guest(s) at STOKK;
Clauses
:
refer to the Terms and Conditions herein;
Vendor(s)
:
refer to the Seller(s) of the Item(s) at STOKK;
1.1.1
Words importing the masculine gender only shall include the feminine and neuter genders and vice versa;
1.1.2
Words in the singular number only shall include the plural number and vice versa;
1.1.3
Words references to persons shall include an individual, company, corporation, firm or partnership.
2. ELIGIBILITY
To place an Order with STOKK, the Customer(s) must have attained the age of majority. Customer(s) under eighteen (18) years old are advised to submit an Order with STOKK in the presence of or with the involvement of a parent or guardian.
3. BREACH OF LAWS
Misuse of the Platform in any form or manner whatsoever which constitute an offence under Section 233 of the Communications and Multimedia Act 1998 is strictly prohibited.

In the event of any breach of laws, civil or criminal offences, infringement of rights, STOKK will not hesitate to report the said breach, offence or infringement to the relevant authorities and at all material times, STOKK reserves all rights and remedies against the offender or perpetrator for the legal costs, expenses, charges, losses and damages incurred thereby.
4.TERMS & CONDITIONS
4.1
The Customer(s) has to be registered with STOKK prior to placement of Order. Customer(s) hereby agrees and consents to provide accurate information and details and shall update STOKK of any changes accordingly;
4.2
Multiple accounts by the same Customer(s) is prohibited;
4.3
The Terms and Conditions herein shall form the entire contract between the Customer(s) and STOKK hereto and supersede any and all preceding and contemporaneous agreements between the Parties;
4.4
The Contract relates to the Item(s) which STOKK deliver to the Customer(s). In the event the Order consists of more than one Item(s, the Item(s) may be delivered to the Customer(s) in separate packages at separate times. Additionally if an Order consists of Item(s) from different Vendor(s), the Item(s) may also be delivered in separate packages at separate times.
4.5
The Customer(s) acknowledges that by entering into this Contract, neither the Customer(s) nor STOKK have relied on any representation, undertaking or promise given by the other or implied from anything said or written between the Customer(s) and STOKK prior to the Terms and Conditions, except as expressly stated in the Terms and Conditions;
4.6
The Customer(s) is required to follow STOKK’s online shopping flow. Upon submission of an Order, STOKK will issue a Purchaser Order Confirmation to acknowledge the placement of Order;
4.7
An Order is only considered accepted by STOKK upon the Order being delivered to the delivery address provided by the Customer(s);
4.8
STOKK does not guarantee that all details, descriptions and prices of the respective Item(s) on this Platform are accurate. Notwithstanding that, STOKK will use its best endeavour to minimize omission or error in the pricing of any Item(s) at STOKK.
4.9
The prices are inclusive of SST or GST (where applicable) and all Item(s) are sold in Malaysian Ringgit (MYR). Delivery costs will be charged in addition (where applicable) and such additional charges will be displayed and included in the “Total Payment”.
4.10
STOKK is under no obligation to fulfil the Order if the price listed on the Platform by the Vendor(s) is incorrect (even after the Order has been acknowledged by STOKK).
4.11
Please email info@stokk.my immediately should the Customer(s) discovered that a mistaken or wrong Order has been made.
4.12
STOKK reserves the right to withdraw, remove, edit or alter any Item(s), materials and/or contents from the Platform at any time STOKK deems fit. 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 after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
4.13
In the event the Order is cancelled by STOKK after payment has been made by the Customer(s), the payment amount will be fully refunded to the Customer(s) free of interest.
4.14
At all material times, STOKK shall not be held liable to any party and/or any other third party in respect of the withdrawal or removal of any Item(s) from the Platform, whether it has been sold or not, removing or editing any materials or contents on this Platform or for refusing to process or accept an Order.
4.15
Notwithstanding Clause 4.3 herein, the Terms and Conditions herein and the details contained on the Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Item(s) shall exist between you being the Customer(s) and STOKK until we have dispatched or shipped the Item(s) to the relevant address as stated in the Order.
5. METHOD OF PAYMENT
5.1
Customer(s) can make payment by using any of the payment partners listed on the Platform.
5.2
For the time being, SENANGPAY is STOKK’s online payment gateway. All online payments made are subject to their terms and regulations.
5.3
By clicking the “Pay x amount” button, Customer(s) irrevocably authorises the payment and confirms that he/she is the owner of the debit/credit card for the purpose of internet banking and the said card carries sufficient funds or credit facilities to cover the cost of the Item(s).
5.4
To minimise the risk of unauthorised access, the debit/credit card’s data will be encrypted. Upon receipt of the Order, STOKK or the relevant online payment gateway will request for a pre-authorisation pin or security code pertaining to the Customer(s)’ debit/credit card to complete the online transaction. Order will not be confirmed until this pre-authorisation check has been completed. Customer(s)’ debit/credit card will be debited once the Purchaser Order Confirmation is sent to the Customer(s). Debit or Credit Cards are subject to validation checks and authorisation by the respective card issuers. STOKK shall not be held liable for any delay or non-delivery in the event the said authorisation is delayed, invalid or investigated by the relevant authorities.
6. DELIVERY OF ITEM(S)
6.1
STOKK will use its best endeavour to deliver the Item(s) to the Customer(s) at the place of delivery as requested or instructed by the Customer(s) during placement of Order.
6.2
The delivery time will be indicated during the Order checkout or otherwise updated in the Purchase Order Confirmation.
6.3
STOKK shall notify the Customer(s) in the event the estimated delivery date cannot be met for any reasons whatsoever. To the extent permitted by law, STOKK shall not be held liable to any party for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.4
Upon delivery of the Item(s), Customer(s) is required to acknowledge receipt of the Item(s). Customer(s) may email to info@stokk.my in the event a delivery issue occurs.
6.5
STOKK shall notify you as the Customer(s) based on the contact information provided to us in the event the Item(s) are not be possible to be delivered to certain locations in which event and arrange for cancellation of the Order or delivery to an alternative delivery address.
6.6
All risk in the Item(s) shall pass to the Customer(s) at the date the Item(s) is delivered to the Customer(s). In the event the delivery or collection (where applicable) of Item(s) is delayed due to unreasonable refusal to accept the Item(s) by the Customer(s), the risk shall pass to the Customer(s) at the date when the delivery would have occurred but not delivered due to the Customer(s)’ breach. From the time when risk passes to the Customer(s), STOKK will not be liable for loss or destruction of the Item(s). Any breach of obligations by the Customer(s) might impact Customer(s) ability to shop on STOKK in the future.
6.7
In the event the Customer(s) are not available to accept delivery or collection, STOKK’s logistic partner may leave a card giving the necessary instructions on either re-delivery or collection from the carrier.
6.8
In the event of non-delivery or non-collection due to Customer(s)’s breach or default in accepting delivery, (within one week of STOKK or STOKK’s logistic partner’s first attempt of delivery) STOKK may (without affecting any other right or remedy available to STOKK) take actions, including but not limited to, as follows:-

(a) charge the Customer(s) for any fee and other costs reasonably incurred by STOKK; or


(b) no longer make the Item(s) available for delivery or collection and notify you that we are immediately cancelling the applicable


Contract, in which case we will refund to you or your credit/debit card company, as applicable, the amount already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as applicable.
TAKE NOTE THAT you being the Customer(s) acknowledges that all Item(s) on this Platform are standard and not bespoke.
6.9
Waivers or discounts off your shipping fee may apply, if applicable.
6.10
The value of the Order shown at check-out on the Platform which is charged to you shall be the value that prevails for STOKK’s determination of your eligibility for either a waiver or a discount off the shipping fee applicable to your order.
7. CANCELLATION BY CUSTOMER(S) (NON-FAULTY ITEM(S))
Strictly no return or cancellation once the Item(s) is dispatched or shipped out. If you wish to cancel, please contact STOKK at info@stokk.my and state your Order number in the email along with your request to cancel the Order.
8. RETURNS AND REFUNDS POLICY (NON-FAULTY ITEM(S))
Item(s) sold are non-refundable and non-returnable.
9. FAULTY ITEM(S)
9.1
All Item(s) descriptions, information and materials uploaded, listed and posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
9.2
The Item(s)’ image appeared on the Platform may slightly differ from the actual Item(s).
9.3
If the item you receive is faulty, please report to STOKK at info@stokk.my within seven (7) from the date you received the Item(s) and provide your Order number, your name and address, details of the Item(s) and the reason for return, and whether you require a refund or a replacement.
9.4
Upon receipt of the email, we will conduct an investigation before we request for the Item(s) to be returned to us for examination and in such event, logistics will be covered by STOKK. Customer(s) can use the shipping label provided by us when returning the Item(s) to us.
9.5
In the event the Item(s) returned is faulty, STOKK may refund the amount paid free of interest if you being the Customer(s) does not want a replacement/exchange order.
9.6
In the event the Product returned is not faulty, we may at our discretion decide not to replace or refund you for the Item(s) and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be held liable to any party for any losses, liabilities, costs, damages, charges or expenses as a result.
10. VOUCHERS
10.1
You may use promo codes while making payment for Item(s) on the Platform.
10.2
Promotional codes will be sent to the respective email addresses of the recipients. STOKK shall not be held liable for any errors or omission in whatsoever nature in the event the promotional codes do not reach the respective email addresses.
10.3
Promotional codes must be entered at the check-out page online only. Promotional codes are not applicable otherwise.
10.4
In the event of fraud, attempt of deception or in the event of the suspicion of other illegal activities in connection with promotional codes on the Platform, STOKK is entitled to close the Customer(s)’ Account and/or require a different means of payment.
10.5
STOKK assume no liability for the loss, theft or illegibility of gift or promotional codes.
10.6
In rare cases, STOKK may at its sole discretion discontinue or cancel any promotional codes previously issued and will not be responsible for any losses arising therefrom.
10.7
Conditions for the redemption of promotional codes: From time to time we may distribute promo codes that may be used only on the Platform, which we will send to the Customer(s) either by email or post:

(a) Promotional codes are valid for the specified period stated therein and can only be redeemed once and may not be used in conjunction with other promotional codes and/or discounted items. We may exclude individual brands from the promotional codes in accordance with our sales strategies.


(b) You may redeem only ONE promotional code per promotional campaign. STOKK reserves to the right to cancel any subsequent orders made by you using a promotional code of the same promotional campaign.


(c) If you place an Order for an Item(s) less than the value of the promotional code, no refund or residual credit will be returned to you.


(d) The credit of a promotional code does not accrue interest, nor does it have a cash value.


(e) If the credit of a promotional code is insufficient for the Order you wish to place, the Customer(s) is required to top up the difference using one of the accepted payment methods.

11. DISCLAIMER OF LIABILITY
11.1
The content displayed on this Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, STOKK and its suppliers, content providers, advertisers and logistic partners hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
12. INDEMNITY
At all material time, the Customer(s) agree to indemnify, defend, hold harmless of STOKK, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the Customer(s) use of this Platform or breach of the Terms and Conditions by the Customer(s).
13. COMPLAINTS MANAGEMENT

We, STOKK endeavours to serve our Customer(s) at the best we can. You may contact us at any time at info@stokk.my. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.


It would be of great help if you could describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least provide us the Order number that was assigned to you in the Purchase Order Confirmation. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. If you did not receive any response from us within five (5) Business Days, please make further enquiries.

14. PERSONAL DATA PROTECTION
Please see our Privacy Policy, which forms a part of the Terms and Conditions.
15. FORCE MAJEURE
15.1
We shall not be held liable to any party for any breach, hindrance or delay in the performance of any of the Terms and Conditions herein or the Contract attributable to any cause beyond our reasonable control, including but without limitation as follows:-

a) acts of God;


b) acts of any civil or military authority, fires, explosion, subsidence, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, invasion, terrorist attack or threat of terrorist attack, earthquakes, storms, typhoons, landslides and floods,;


c) impossibility of the use of public or private telecommunication networks;


d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;


e) acts of government beyond the control of STOKK, including, without limitation, epidemic, pandemic, curfew, emergency declaration, restriction of movement or movement control order or shutdowns or any other acts which have the effect of restricting the movement of people and/or the operation of businesses and/or government agencies or departments in any way by whatsoever name called;


f) the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.


15.2
In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any liability other than a refund the amount free of interest already paid for by you and not delivered.
15.3
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
15.4
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
16. NOTICES
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with five (5) Business Days of being posted to the recipient’s address within Malaysia.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
17. INTELLECTUAL PROPERTY RIGHTS
17.1
All contents included in or made available through the Platform, including but without limitations, text, graphics, logos, button icons, pictures, images, audio clips, digital downloads, campaign titles and data compilations belong to STOKK or its content suppliers and are at all material times protected by the relevant copyright laws. All rights are reserved by STOKK and its licensors. Customer(s) may store, print and display the content solely for own personal use but strictly not permitted to publish, circulate, manipulate, distribute or otherwise reproduce, in any format, any of the contents or copies of the contents on this Platform for business or commercial use whatsoever.
17.2
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Platform are trademarks of STOKK in Malaysia. STOKK’s trademarks may not be used in connection with any product or service that is not provided by STOKK, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits STOKK. All other trademarks not owned by STOKK that appear on the Platform are the property of their respective owners.
17.3
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
17.4
Customer(s) must not use any part of the contents on STOKK website for commercial purposes without obtaining a license to do so from STOKK or STOKK’s licensors. In the event STOKK becomes aware of any infringement of its intellectual property rights, STOKK reserve all its rights to take legal action.
17.5
If you print, copy or download any part of the Platform in breach of the Terms and Conditions, your right as the Customer(s) to use STOKK’s Platform will cease immediately and you must, at STOKK’s option and liberty, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by STOKK or its licensors.
18. WAIVER
No failure or delay in exercising any right under the Terms and Conditions or Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Customer(s) and STOKK’s rights under the Terms and Conditions or Contract.
19. SEVERABILITY
Any term, condition, stipulation or provision in this Contract which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, prohibited or unenforceable any other term, conditions, stipulation or provision, herein contained.
20. ASSIGNMENT
The Customer(s) shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with the Terms and Conditions herein or the Contract or all or any of the Customer(s)’ rights or obligations under the Terms and Conditions or the Contract.
21. THIRD PARTY RIGHTS
No person who is not a party to the Terms and Conditions or Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the Terms and Conditions or that Contract its assent to any such term.
22. GOVERNING LAW
The Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of Malaysia. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the courts of Malaysia. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
23. VARIATION
STOKK reserves the right to amend any of the clauses and/or Terms and Conditions herein at any time at its sole discretion without prior notice. All amendments to the clauses and/or Terms and Conditions, including the privacy policies will be posted on the Platform and shall be effective immediately. The Customer(s) continued use of the Platform constitutes acceptance of the amended clauses and/or Terms and Conditions.