Terms and Conditions

Introduction

Welcome to CHESTERS COLLECTION, “Designer Furniture Store”. (the “Site”). These terms and conditions (“Terms and Conditions”) applies to J&J CHESTER MALAYSIA SDN BHD (620903-X) with its website www.chesterscollection.com (“the Site”), and all of its divisions, subsidiaries, and affiliate operated Internet sites. “CHESTERS COLLECTION” is fully owned by J&J CHESTER MALAYSIA SDN BHD, a company incorporated in Malaysia with the registration number 620903-X and having its address at NO 122, JALAN MAAROF, BANGSAR, 59000 KUALA LUMPUR.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use this website. The Site reserves the right, to change, modify, add, or remove any portions of these Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

Orders acceptance & Pricing

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

Trademarks & Copyrights

All intellectual property rights, whether registered or unregistered, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangements, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

Applicable Law & Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of J&J CHESTER MALAYSIA SDN BHD (620903-X), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Terms of Use

1. INTERPRETATION

1.1 In these Conditions:

“Customer” means the person who accepts a quotation of www.chesterscollection.com for the supply of Goods or who otherwise enters into a contract for the supply of Goods with www.chesterscollection.com.

“Conditions” mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Customer and www.chesterscollection.com.

“Contract” means the contract for the purchase and sale of Goods, howsoever formed or concluded;

“Goods” means the goods (including any instalment of the goods or any parts for them) which www.chesterscollection.com is to supply in accordance with a Contract;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

“www.chesterscollection.com” means J&J CHESTER MALAYSIA SDN BHD, a company incorporated in Malaysia under registration number 620903-X and having its registered address at No 122, Jalan Maarof, Bangsar, 59000 Kuala Lumpur.

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 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 supply of Goods by www.chesterscollection.com to the Customer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.

2.2 Any information made available in www.chesterscollection.com’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and www.chesterscollection.com.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by www.chesterscollection.com in its website shall be subject to correction without any liability on the part of www.chesterscollection.com.

2.5 www.chesterscollection.com may provide Customer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.

3. ORDERS AND SPECIFICATIONS

3.1 Order acceptance and completion of the contract between the Customer and www.chesterscollection.com will only be completed upon www.chesterscollection.com issuing a confirmation of dispatch of the Goods to the Customer. For the avoidance of doubt, www.chesterscollection.com shall be entitled to refuse or cancel any order without giving any reasons for the same to the Customer prior to issue of the confirmation of dispatch. www.chesterscollection.com shall furthermore be entitled to require the Customer to furnish www.chesterscollection.com with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Customer except with the agreement in writing of www.chesterscollection.com and on terms that the Customer shall indemnify www.chesterscollection.com 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 www.chesterscollection.com as a result of the modification or cancellation, as the case may be.

4. PRICE

The price of the Goods and/or Services shall be the price stated in Chesters Collection’s website at the time which the Customer makes its purchase in www.chesterscollection.com. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Customer shall be liable to pay to Chesters Collection in addition to the price.

5. TERMS & PAYMENT

5.1 The Customer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Chesters Collection’s website. The terms and conditions applicable to each type of payment, as contained in Chesters Collection’s website, shall be applicable to the Contract.

5.2 In addition to any additional terms contained in Chesters Collection’s website, the following terms shall also apply to the following types of payment:

5.2.3 ONLINE BANKING

i) By choosing this payment method, the Customer shall transfer the payment for the Goods to a Chesters Collection’s account for the total amount of the Customer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Chesters Collection, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

ii) For the time being, Chesters Collection accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB and all other major banks in Malaysia.

5.3 If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Chesters Collection, we shall be entitled to:

5.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.3.2 charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

6. DELIVERY

6.1 Delivery of the Goods shall be made to the address specified by the Customer in its order. Delivery address provided must be true and accurate.

6.2 Chesters Collection 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 Customer.

6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Chesters Collection shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If Chesters Collection has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Customer shall be entitled, by serving written notice on Chesters Collection, to demand performance within a specified time thereafter, which shall be at least 14 days. If Chesters Collection fails to do so within the specified time, the Customer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim.

6.5 If the Customer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Chesters Collection’s fault) then without prejudice to any other right or remedy, we may:

6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Customer for any shortfall below the price under the Contract; or

6.5.2 terminate the Contract and claim damages.

7. RETURNS & REFUND

Returns, Exchanges and Refund Policy

To be eligible for a return, your item must be in the original packaging or proven damaged or broken before delivery to you otherwise we don’t accept Returns and Exchanges.

We don’t accept refunds or exchanges for change-of-mind or damages caused by third-parties.

We do not accept returns or exchanges unless the item you purchased is defective. If you receive a defective item, please write to us with proof of purchase and proof of damaged with 5 working days from the date of received the product.

We do not accept returns or exchanges Damage of a product resulting from negligence.

We do not accept returns or exchanges Damage of a product resulting from unauthorized modification of the product.

We do not accept returns or exchanges Damage caused by natural disaster.

To complete your return or Exchanges, we require a receipt or proof of purchase. For Credit Refunds – It will take approximately14 working days to refund to your credit card account

(Malaysia). Worldwide customers will take 14 to 30 working days to refund to your credit card account.

** Please Check your order carefully before you place the order. To get more information, please contact us at +603-22838322 or email us at info@chesterscollection.com.

8. WARRANTY

8.1 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.

8.2 Subject to this Condition 8, Chesters Collection 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 Customer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Chesters Collection further gives to the Customer such implied warranties as cannot be excluded by law.

8.2.1 Chesters Collection’s above warranty concerning the Goods is given subject to the following conditions:

(a) 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 Chesters Collection.

(b) 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.

(c) Chesters Collection 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 have been given or have been implied by law. Any such special or particular description shall be taken only as the expression of Chesters Collection’s opinion in that behalf. Chesters Collection does not give any warranty as to the quality state condition or fitness of the Goods.

(d) Chesters Collection shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Chesters Collection, addition and insertion of parts, in particular of spare parts which do not come from Chesters Collection

(e) Chesters Collection shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Chesters Collection’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Chesters Collection’s approval.

(f) Chesters Collection 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 Chesters Collection’s prior written approval and the Customer shall indemnify Chesters Collection against each loss liability and cost arising out of such claims.

(g) Chesters Collection 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.

(h) Chesters Collection shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.2.2 Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Chesters Collection immediately on the date of receipt of the Goods or within 5 days (where the defect or failure was not apparent on reasonable inspection) after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regards to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Chesters Collection shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Customer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Chesters Collection had contracted to deliver.

8.2.3 If the Customer does not give due notification to Chesters Collection in accordance with the Condition 8.2.2, Chesters Collection shall have no liability for any defect or failure or for any consequences resulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Chesters Collection in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Customer, the Customer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Chesters Collection may, at its sole discretion, grant such a reduction to the Customer. Upon a repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Chesters Collection.

8.2.4 When Chesters Collection has provided replacement Goods or given the Customer a refund, the non-conforming Goods or parts thereof shall become Chesters Collection’s property.