Terms and Conditions

Welcome to kitchen-arena.com.my (the "Site"), By accessing kitchen-arena.com.my you agree to the following Terms of Use. These Terms of Use are effective as of 1 January, 2015.

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 other 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.

If you have any suggestions or comments please email us at [email protected]

1. USE OF THE SITE

When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree to the terms discussed here, you should exit the site and refrain from placing any order. These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of products to you. You must read, agree with and accept all of the terms and conditions contained in this agreement and our Privacy Policy. This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this agreement, as they may contain further terms and conditions that apply to you.

It is your responsibility to make sure that your order contains acceptable and approved items for import into the country of destination/delivery. You hereby agree to solely bear the full risk of any package (or part thereof) being detained by customs for whatever reason and will not hold Kitchen Arena liable for such packages, for whatever reason being unable to be delivered to your preferred or chosen destination.

This site is provided by Kitchen Arena on an "as is" basis. Kitchen Arena makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Kitchen Arena disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Kitchen Arena disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of the Kitchen Arena web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer or Kitchen Arena of the product. This disclaimer constitutes an essential part of this agreement.

While we and the manufacturer endeavours to provide an accurate description of the Products, neither we and the manufacturer warrants that the description is accurate, current and free from error.

All orders shall be subject to Kitchen Arena’s acceptance in its sole discretion and each order accepted by Kitchen Arena shall constitute a separate contract. For the avoidance of doubt, Kitchen Arena reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.

Any actions arising from any breach of any warranty or representation or any right to damages whether express or implied shall be extinguished if an action is not brought against us from the date of delivery.

We shall not be liable for any indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, intangible losses and other type of damages caused by any breach of the Kitchen Arena’s implied or express warranty on the Products.

2. 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 hereby agree to 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 with purpose of misleading us or any other third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

3. ORDER ACCEPTANCE AND PRICING

Order acceptance and the completion of the contract between you and us will take place on the delivery of the Products ordered by you unless we have notified you that we do not accept your order.

Non-acceptance of an order may be a result of one of the following:

·        The product that you have ordered is currently unavailable/ not in stock

·        Our inability to obtain authorization for your payment

·        The identification of a pricing or product description error

For the avoidance of doubt, risk of damage to or loss of the Product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Product, the time when we have tendered delivery of the Product. Notwithstanding delivery and passing of the risk in the Product, the property in the Product shall pass to you only upon the full payment has been paid to us.

BACK ORDERS

Occasionally, one of the products you have ordered may be out of stock. If this happens, you will always be emailed with the option for you to cancel your order or change your order should you prefer not to wait. You must therefore provide us with your e-mail address when ordering. If you decide to wait for an order, please be aware that you may have to wait longer than the delivery schedule times stated above.

CHANGE TO PRODUCTS

Kitchen Arena may make changes to any products offered at Kitchen Arena, or to the applicable prices for any such products, at any time, without notice. The information provided at Kitchen Arena with respect to products may be out of date and Kitchen Arena makes no commitment to update the information provided at Kitchen Arena with respect to such products.

OUT OF STOCK ITEMS

Scenario 1:

All the products were in stock when your order was confirmed, but after your payment was confirmed, one of the products in your order went out of stock.

In this case we will ship all the in-stock products that you have ordered first and for products which are out of stock, we will ship it to you immediately once the next shipment of stock arrives or we will refund to you for those items out of stock.

Scenario 2:

The product was already out of stock when you made the order.

In this case we will ship all products in the order only when the new stock for the out of stock product arrives. However, in some situations we might ship the products that are available first.

CANCELLATION OF ORDER

Unless otherwise specified for particular products, we shall refund you your payment if you decide to cancel your orders within twenty-four (24) hours (“Cooling Off Period”) after your order has been confirmed and prior to shipment except for the transaction fees charged by the credit card company which is non-refundable. Upon the expiration of the Cooling Off Period, your order shall be irrevocable and unconditional.

If you decide to cancel your orders within twenty-four (24) hours after your order has been confirmed and prior to shipment, we shall deduct a minimum fee of RM15.00 from your payment as administrative fees in addition to the transaction fees charged by the credit card company. The balance after deduction of the administrative fees and the transaction fees will be refunded to you. Once your order has been shipped you are not able to cancel your order. We will not refund your payment even if you return the products to us.

4. TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, 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 and international conventions. All rights are reserved.

5. ABUSE

We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off our website if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at [email protected]

6. CHANGES TO TERMS OF USE

Please check our Terms of Use periodically for changes as we reserve the right to change the terms and conditions of sale at any time.

(1) If any of the aforementioned terms are held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable terms will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect; (2) Kitchen Arena 's failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by Kitchen Arena of any provision or any right it has to enforce these terms, nor shall any course of conduct between Kitchen Arena and you or any other party be deemed to modify any provision of these terms.

7. DELIVERIES OF PRODUCTS

You hereby acknowledge that the delivery of Products is subject to availability of the Products. Kitchen Arena will make every reasonable effort to deliver the Products to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instance a Product may become unavailable between updates. All delivery time frames given are estimates only and delays can occur. The time for delivery shall not be of the essence and Kitchen Arena shall not be liable for any delay in delivery howsoever caused.

8. PAYMENT

You may pay for the Product using any of the payment method prescribed by us from time to time. When you place an order, actual payment will only be charged upon acceptance of your Order.

You may not claim against us for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify, discontinue, temporarily or permanently any payment method without notice to you or giving any reason.

In the event of a refund, we offer no guarantee of any nature for the timeliness of the funds being credited into your account. Please note that refunds are subject to the varying processing times between payment providers.