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1.1 Welcome to the Red Apple Furniture Malaysia website. These terms and conditions (“Terms and Conditions”) apply to the Site, “Red Apple Living Sdn. Bhd.” operated Internet sites which reference these Terms and Conditions.
1.2 We are Red Apple Living Sdn. Bhd. (1343722-D), Lot 3195, Jalan Besar Balakong, 43300 Seri Kembangan, Selangor, Malaysia, trading as www.redapple.com.my and its subsidiaries, affiliates, associates and officers unless otherwise stated.
1.3 By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no prior notice provided. Please check these Terms and Conditions of use 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.
2.1 We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for product sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link unsubscribe at the bottom of any promotional email.
2.5 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of Red Apple Living Sdn. Bhd. and yourself. Any typographical clerical or other error or omission in this website shall be subject to correction without any liability on the part of Red Apple Living Sdn. Bhd.
3.1 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 you 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.
3.2 You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:
a) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
g) may be contrary to our interests;
h) is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or
i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.3 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
3.4 You agree to comply at all times with any instructions for use of the Website which we make from time to time
4.1 To place an order with Red Apple Living Sdn. Bhd., you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
4.2 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.
4.3 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 charged.
4.4 The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Red Apple Living Sdn. Bhd. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out at Red Apple Malaysia website. The terms and conditions applicable to each type of payment, shall be applicable to the Contract.
5.2 The following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment via Visa and MasterCard are acceptable. All credit card numbers shall be protected by means of industry-leading encryption standards(3D or OTP).
5.2.2 Debit Cards
All Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards(3D or OTP).
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the payment for the Goods total amount purchased (including any applicable taxes, fees, installation and shipping costs). The transaction must be payable in Ringgit Malaysia. Red Apple Living Sdn. Bhd., may refuse this payment option service to anyone or any user without notice for any reason at any time. We accepts online bank transfers from Public Bank, Citibank Bank, HSBC, OCBC, AM Bank.
5.2.4 Installment Payments via Credit Card
Only Buyers making minimum purchases amounting to RM 1000 will be entitled to make payment for the Goods by means of the twelve (6) months Easy Pay Installment Scheme. This Easy Pay Installment Scheme is available for Public Bank cardholders.
i. Only Buyers making minimum purchases amounting to RM 1000 will be entitled to make payment for the Goods by means of the twelve (6) months Easy Pay Installment Scheme. This Easy Pay Installment Scheme is available for Public Bank (Minimum purchase RM 1000) cardholders.
ii. For the purposes of this Clause, the payment schemes set out in Clauses 5.2.4 (1) and (2) shall collectively be referred to as “Credit Card Installments”.
iii. When the Buyer purchases Goods and makes payment for the same via Credit Card Installments”, the transaction shall be handled by Red Apple Living Sdn. Bhd. Each Buyer would receive a call from authorised cardholder bank for verification and approval. A Buyer shall only be entitled to purchase Goods via Credit Card Installments upon verification and approval by cardholder bank.
iv. While an approval for a Credit Card Installment transaction is subject to the Buyer’s available balance and credit availability on his/her Credit Card account, Red Apple Living Sdn. Bhd. also shall retain absolute discretion in granting its approval to any credit card transaction.
v. When entering into a Credit Card transaction for the purchase of Goods, Red Apple Living Sdn. Bhd. name would be shown as the selling merchant in the Buyer’s Credit Card statement.
vi. When a Buyer makes an application to Red Apple Living Sdn. Bhd. for the payment of Goods by means of Credit Card Installments and upon approval of the application by Red Apple Living Sdn. Bhd., as provided for herein above, the Buyer’s bank will debit the Buyer’s Credit Card account with the monthly installment payable on a monthly basis, for the duration stipulated. The Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Buyer for the duration of the installment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made.
vii. In the event of cancellation of the Buyer’s Credit Card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. This outstanding sum shall be debited to the Buyer’s Credit Card without further reference payable by the Buyer.
6.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order.
6.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within the stipulated time frame of any Order, which we accept but we cannot guarantee any firm delivery dates.
6.3 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.4 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
6.5 Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
6.6 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
6.7 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
6.8 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
6.9 You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.
6.10 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
6.11 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product 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 or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 6.11(a) above).
6.12 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7.1 You may use Promotional Vouchers and Gift Vouchers as payment for Products on the Site. Specific details for Promotional/Gift Vouchers are at clause 7.7.
7.2 To redeem vouchers in your Account or check an existing credit, please visit “My Account” on the Site.
7.3 We may email or sms Promotional/Gift vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
7.4 If you have a Gift or Promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
7.5 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a Gift Certificate purchase or Promotional/Gift Voucher redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
7.6 We assume no liability for the loss, theft or illegibility of Promotional/Gift Vouchers or Gift Certificate.
7.7 Conditions for the redemption of Promotional/Gift Vouchers:
a) From time to time we may release Gift/Promotional Vouchers that may be used on the Site, which we will send to you by email. Promotional/Gift Vouchers can only be redeemed on the Red Apple Malaysia Site.
b) Promotional/Gift Vouchers are valid for the specified period stated on them only, can only be redeemed once. Individual brands/products may be excluded from voucher promotions.
c) The credit of a Promotional/Gift Voucher cannot be used to pay for products from third parties other than us.
d) If you place an Order for a Product less than the value of the Promotional/Gift voucher, no refund or residual credit will be returned to you.
e) The credit of a Promotional/Gift Voucher does not accrue interest nor does it have a cash value.
f) If the credit of a Promotional/Gift Voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
8.1 We advise our customers to inspect the furniture carefully for damages before acknowledge the acceptance note. Though rare, there is a possibility of manufacturing defects or even furniture being damaged during transportation. Should you detect any damage or defect e.g knocks, dent or cracks, contact us or email us. You have the right to reject the merchandise upon delivery at no cost or schedule for an exchange (does not apply to clearance items).
8.2 You also have the right to reject the merchandise immediately if the piece delivered is different from that depicted in the product description or picture you saw online.
8.3 Minor scratches and dents are considered touch-up issues. In such rare cases, the merchandise will be touched up, repaired or replaced. In such cases, we do need you to take the photo and email us for our inspection approval of return within (2) days upon receiving your product.
8.4 Red Apple Living Sdn. Bhd. has the full discretion to decide whether any item is in a condition suitable for return and reserves the right to reject any returns if they are deemed unfit for return.
9.1 Cancellation of order must be notified in writing to Red Apple Living Sdn. Bhd. within 24 hours. Cancellation of orders cannot be accepted if the products already sent out to our logistic.
9.2 Cancellation of orders for custom made/ made to order products ( e.g sofa, bed frame and benches) is not allowed. Red Apple Living Sdn. Bhd. reserves the right to charge the amount requested by suppliers based on the % waste of the raw materials.
9.3 Cancellation of orders (with conditions applied) will be charged for refund processing fee if refund is requested.
10.1 We warrant that:
a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer’s latest published instructions as set out on the Site or in our Product material at the time of your Order.
10.2 The Product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
10.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
10.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
10.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like us to repair, replace or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product 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 liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 All intellectual property rights, whether registered or unregistered, in the Site, logo, name, 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 arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws. All rights are reserved.
This clause 10 prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
13.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
13.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
13.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. 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.
15.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
15.2 Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product 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 an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
16.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
16.2 Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in the country. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. 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.
We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.
18.1 We shall keep a record of your Order and these Terms and Conditions until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
18.2 No failure or delay by us or you in exercising any right under these Terms and Conditions or a 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 our or your rights under these Terms and Conditions or a Contract.
18.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
18.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
18.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
18.6 No person who is not a party to these Terms and Conditions or a 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 these Terms and Conditions or that Contract its assent to any such term.
18.7 These 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 Malaysia Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.