Terms of Service
Terms & Conditions
|VAPE PERTH ONLINE STORE||(Company No.: MY1VPOSAU)|
TERMS OF SERVICES
- Your access to and use of this Website and the products and services available through the Website (collectively referred to as “the Services”) are subject to the following terms, and conditions (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service.
- The Terms of Service stated herein constitute a legal agreement between you and (VAPE PERTH ONLINE STORE) (Company No.: MY1VPOSAU), a company incorporated in Malaysia and having its registered address at 29A, Jalan SS18/1B, 47500 Subang Jaya, Selangor (thereafter refer to “the Company”, “we”, “our” or “VPOS”).
- VPOS reserves the rights to change, modify , add, or remove any Terms of Service and the Services at any time. You shall check this page frequently to take notice of any changes we may have made and posted on the Website with no other notices given and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the website.
- Your access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
"Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number, contact information, purchase history and other data collected at VPOS.
2.3 VPOS are required to provide any information including unpublished personal data should there be any lawful request from the government, judiciary, law enforcement officials or relevant third party operators as deemed necessary.
- PROHIBITIONS OF USE
3.1 You shall be prohibited to use the Website to commit or encourage any criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, hack into any aspect of the Service, corrupt data, cause annoyance to other users, infringe upon the rights of any other person’s proprietary rights , send any unsolicited advertisement commonly referred to as “spam” or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. VPOS will report any such breach and disclose your identity, particulars and information to the relevant law enforcement authorities.
3.2 We will not be liable for any loss and/or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it or on any website linked to it.
- INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
4.1 All intellectual property rights in all software and content, whether registered or unregistered, made available to you or through this Website remains the property of VPOS or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
4.2 You shall not modify, translate, reverse engineer, decompile, disassemble, separate or create derivative works based on any software or accompanying documentation supplied by VPOS or its licensors. Vape Perth are trademarks belonging to VPOS. No license or consent is granted to you to use these trademarks in any form and/or in any way, and you are not permitted to use these trademarks or any trademarks that are colourably similar without the prior written permission of VPOS.
- TERMS OF SALE
5.1 By placing an order you are offering to purchase a product on and subject to VPOS’s acceptance in their sole discretion. All orders placed are subjected to availability and confirmation of the order by VPOS.
5.2 Delivery times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays, courier loads, border force & customs clearance or force majeure for which we will not be responsible. For a more detailed delivery policy please refer to the Shipping Policy Page.
5.3 In order to contract with VPOS you must be over 18 years of age or the legal age for giving consent hereunder pursuant to the applicable laws in your country and possess a valid credit or debit card issued by a bank or crypto currency merchants acceptable to VPOS. VPOS retains the right to refuse any request made by you.
5.4 Once your order is accepted , we will inform you by email and we will confirm the identity of the party that you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate , that you are an authorised user or you are deemed to have obtained consent of the cardholder of the credit or debit card or crypto wallet used to place your order. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes which will be confirmed via email by the VPOS team.
a. Our Contract
You may purchase goods by placing and completing the order particulars and shall be responsible for ensuring the accuracy of the order and the information provided. All orders shall be considered accepted by VPOS upon VPOS sending you an email confirming and accepting your order. A contract between VPOS and you will not be formed until we send you confirmation of order with delivery particulars by e-mail that the goods that you ordered have been delivered to you. A valid prescription or any declaration letter will be requested should the authority at receiving country requires it. If the contact details given are completely unreachable in a timely manner, your package will be scheduled for auto disposal without refund and investigative action might be taken by authority at receiving country. All supporting documents requested by local authority will be provided by VPOS with utmost transparency.
The price of the goods shall be the price stated on the Website at the time which you place and complete the order particular (but excludes any applicable taxes and duty, if applicable and the delivery charges). In the event that we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible by email and give you the option of reconfirming your order at the correct price or cancelling it. If we receive no reply from you within 3 days from our email date to you, we will deem that your order as cancelled and will automatically process full refund of your payment you made for the order to the account or crypto wallet you used to make payment.
Upon receiving your order, our payment provider partner will carry out a standard pre-authorisation check on your payment method to ensure there are sufficient funds to fulfil the transaction. Goods will not be delivered until this pre-authorisation check has been completed. Your card or crypto wallet will be debited once the order has been accepted and before goods are delivered. A live tracking link will be emailed to your registered email address once your order has been collected by our courier partner at VPOS warehouse centre.
d. Discount Codes
VPOS may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchase made through this Website.
Refusal of sale is applicable to customers with bad purchase records as supplied by VPOS, Signifyd and Fraudlabs. Should an order was successfully placed by a blacklisted customer, VPOS will automatically cancelled the order and process a refund to the account or card used in making payment. Please be informed that the gateway and bank will take within 5-30 days, depending on your card-issuing bank and a processing fee of 20% will be imposed upon total amount paid for the order.
- DISCLAIMER OF LIABILITY
6.1 The material and/or description displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, VPOS and its suppliers, content providers and advertisers 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 not limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damage 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 Website or the websites linked and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statue, at common law or otherwise.
- LINKING TO THIS WEBSITE
7.1 You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
7.2 You must not establish a link from any website that is not owned by you.
7.3 This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page, We reserve the right to withdraw linking permission without prior notice.
8.1 You Agree to indemnify, defend and hold harmless VPOS, 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 your use of this Website or your breach of the Terms of Service.
9.1 We operate a complaint handling procedure which we will try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
- APPLICABLE LAW AND JURISDICTION
10.1 The Terms of Service aims to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subjected to the exclusive jurisdiction of the courts of Malaysia.
- ENTIRE AGREEMENT
11.1 The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and VPOS. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Vape Perth.