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Terms of Use

Terms of Use

General

These terms are applicable to you when you access and/or use www.nitori.my and/or its subdomains (referred to as “Website”) which is operated by Nitori Retail (Malaysia) Sdn. Bhd. (Company No. 1364743-W) (referred to as “us”, “our”, “we” and “NITORI”). References to “user”, “you”, “your” and cognate expressions refer to the person who accesses and/or uses the Website and/or its related sites, services and tools, while references to “customer” refer to the person who makes purchase(s) on the Website, and may include you (if you do make any purchase on the Website).

Terms defined in this Terms of Use shall have the same meaning when used in other documents, policies, procedures, rules and regulations issued or formulated by us in connection with the Website, including without limitation, the Return Policy, the Privacy Policy, the Shipping Information, the Payment Method and the Operation Method.

This Terms of Use, together with other documents, policies, procedures, rules and regulations issued or formulated by us in connection with the Website, including without limitation, the Return Policy, the Privacy Policy, the Shipping Information, the Payment Method and the Operation Method (collectively referred to as “Agreement”), shall apply to you when you access and/or use the Website and/or its related sites, services and tools, and shall form a legally binding agreement between you and us in connection with your access and/or use of the Website and/or its related sites, services and tools.

Your use of the Website and/or its related sites, services and tools, including those available by hyperlink is conditioned upon you accepting and agreeing to the Agreement.

  1. Before registering as a member of the Website, kindly read through the Agreement. By accessing, using and/or continuing to access and/or use the Website or any part of it, you agree and acknowledge that you have read the Agreement and accept and agree to be bound by them.
  2. NITORI may, at any time, and without notice, make changes to the Website – including but not limited to the content, products or services stated in the Website. Any changes to the Agreement will be posted on the Website from time to time and will come into effect from the date of such posting, unless otherwise stated. By continuing the access and/or use of the Website after such changes have been incorporated, you will be deemed to have accepted and agreed to these changes.
  3. NITORI reserves the right to review, edit or otherwise change the Website and its content, products, services, and any information contained within at its sole discretion and without notice.

User Account

  1. The Website is free to join. NITORI does not charge customers any fees for accessing or using the Website.
  2. Prior to making a purchase on the Website, you will need to register an account with NITORI. By registering an account, you warrant that:
    a) you are at least 18 years of age;
    b) if you are below 18 years of age, you have obtained the consent or are under the supervision of your parent or legal guardian, when you are accessing the Website;
    c) you are using your actual identity;
    d) the personal data that you have submitted via the Website is true, accurate, complete and current.
  3. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
  4. NITORI reserves the right to, without prior notice to you, and at our sole discretion, refuse service to you, terminate your accounts, remove and edit your content, and/or cancel your orders.
  5. NITORI will not be liable to you for any loss or damage that arises from your failure to comply with the Agreement.

Intellectual Property Rights

  1. Intellectual Property Rights refer to intellectual and industrial property rights in practice now or in the future including rights of action and remedies in relation to infringements and rights in connection with:
    a) confidential information and business/trade secrets;
    b) inventions, patents, supplementary protection certificates;
    c) copyright (including the rights to secure copyright renewals and extensions)
    d) trademarks, service marks, business or trade names;
    e) design rights, topography rights;
    f) algorithms, computer languages, computer programs, user interfaces, encoding techniques, source codes, object codes, database rights;

as well as all other rights of a similar or corresponding nature, whether registered or unregistered and applications for any of the foregoing and the right to apply for them in any part of the world.

  1. The Website and any information available on it including, but not limited to, text, graphics, icons, images, software, source code and trademarks, are protected by copyright, design, trademark and other Intellectual Property Rights owned or controlled by NITORI and/or its licensors. You shall not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents on the Website (whether created by us or any users) (“Contents”) or any part of the Website for any purpose without our prior written permission.
  2. You are only authorised to view, use or copy small portions of the Content (including text, graphics, audio and video files or photos) on the Website for your informational, personal, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
  3. You agree not to use the Website for any purpose or in any matter that is unlawful or that could infringe NITORI’s or any third party’s Intellectual Property Rights.

Use of Personal Data

  1. Nitori respects the privacy of users visiting the Website. Except where specifically stated, all personal information collected by us shall be handled strictly in accordance to NITORI’s Privacy Policy.

Using the Website

  1. As a condition of your use of the Website, you warrant to NITORI that you will not use the Website for any purpose that is unlawful or prohibited by the Agreement. When using and/or accessing the Website, you will not:
    a) interfere or disable any security-related features of the Website or features that prevent or restrict the Website’s Content;
    b) provide false information in your account details;
    c) assume another person’s identity without their permission or misrepresent yourself as acting on behalf of a person, entity, or organisation;
    d) continue using the Website even though you have been banned or suspended from using it;
    e) modify, reverse engineer, intercept, disrupt or hack the Website or use the Website in any manner that could damage or impair the Website or affect its user experience;
    f) misuse the Website by knowingly introducing viruses, malware and any other similar programs or engage in any action which could harm the Website, any Website user’s equipment or impact any Website user’s online experience;
    g) submit or contribute any Content that is defamatory, abusive, threatening, obscene, false, racism, hatred, blasphemy, illegal or offensive;
    h) abuse, harm or bully another Website user or a member of NITORI’s staff;
    i) submit or contribute any user Content without the permission of the Content owner or infringe any forms of copyright, trademark or other rights of third parties;
    j) circumvent or manipulate our fee structure or the billing process;
    k) take any action that may undermine the feedback or ratings system and affect any Website user’s experience;
    l) distribute or post spam, chain letters or anything related to pyramid schemes;
    m) harvest or collect any forms of user information in any way without their consent;
    n) use existing user accounts or create new user accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other consequences; and
  1. o) use the Website for any purpose in violation of any applicable laws.
  1. In the event of a breach of any provisions of the Agreement, in addition to the termination of your access to the Website, NITORI can also take other actions including, but not limited to, filing a report with the police or any other law enforcement body, issuing a warning or taking legal action against you and pursuing any costs that are incurred as a result of this.

Links and Sharing

  1. We may provide links to other websites (social media, blogs, communication services etc.) that may be of interest to you, solely for your convenience.
  2. However, NITORI does not control or endorse these third party websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.
  3. Kindly take note that there may be separate terms and conditions on these external websites that permit your content sharing. Please read the terms of use policies of any website you intend to share your information with.
  4. The Agreement applies only to the Website and the products and services that NITORI offers. If you decide to access any of the third-party sites linked to the Website, you are doing so at your own risk.
  5. NITORI will not be liable for any claims, losses, damages or expenses (including financial losses) which you may incur as a result of any event, activity or transaction taken place or undertaken in connection with such third party websites.
  6. NITORI reserves the right to remove or terminate any links at any time.

Disclaimers

  1. The information provided on the Website is for reference only. To the extent permitted by law, we disclaim all implied and/or express warranties and make no representation as to the accuracy, suitability or applicability of any information on the Website. We assume no liability for any losses or damages arising from your use of or reliance on the information on the Website or for anything posted on or linked to the Website, including but not limited to any mistake, omission, or inaccuracies of any forms of material that might offend or otherwise give rise to any claim or complaint.
  2. We disclaim any endorsement or recommendation of any person, organisation, name, product, or service referred to in the Website. We further disclaim all liability in relation to information or materials posted by advertisers or sponsors on the Website.
  3. We make no representations or warranties that use of the Website will be uninterrupted or error-free.
  4. You are responsible for any results or other consequences of accessing the Website and using the Content, and for taking all necessary precautions to ensure that any Content you may access, download or otherwise obtain is free of viruses or any other harmful components.
  5. None of our agents or representatives are authorised to make any warranties, representations, or statements regarding any information on the Website and we shall not in any way be bound by any such unauthorised warranties, representations, or statements.
  6. All materials, information, software, products, services and other content in the Website, or those obtain from a linked site is provided to the user "AS IS" without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranty or conditions of merchantability and fitness for a particular purpose, title, non-infringement, safety, security or accuracy. NITORI has made reasonable efforts to post current and accurate information on the website; however, NITORI assumes no responsibility for any errors, omissions, or inaccuracies whatsover in the information provided in the Wbsite. Under no circumstances will NITORI be liable for any losses or damages caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this website is solely at the user's own risk.

Limitation of Liability and Indemnity

  1. By accessing and/or using the Website you acknowledge and accept that the use of the Website is at your own risk. NITORI specifically disclaims any liability for any direct or indirect damages arising out of or in any way connected with access to, use of or reliance on the Contents of the Website or that arising in connection with mistakes or omissions in, or delays in transmission of, information to or from any user of the Website, any failure of performance, errors, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the website or the content.
  2. In no event shall NITORI be liable for any loss of profit, loss of anticipated profit, loss of business, economic loss, anticipated savings, depletion of goodwill, nor for any exemplary, special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsover, whether in contract, tort, strict liability or otherwise, (including but without limitation to those resulting from: (1) Reliance on the materials presented, (2) Costs of replacement goods, (3) Loss of use, data or profits, (4) Delays or business interruptions, (5) And any theory of liability arising out of or in connection with the use of, or inability to use the Website, whether or not the Website owner has been advised of the possibility of such damages.
  3. NITORI has no liability or responsibility for any errors or omissions in the Contents of the Website (To the extent permitted by law).
  4. NITORI shall not be liable for any delay in performance or non-performance of any of the service or our obligations to the extent that the delay or non-performance is due to any event or circumstances beyond NITORI’s reasonable control.
  5. NITORI will not be liable for any claims, losses, damages or expenses (including financial losses) which you may incur as a result of any event beyond NITORI’s reasonable control (including but not limited to failure of transmission, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in sending or receiving any forms of electronic notice, strikes, lock-out, war, threat of war, act of terrorism, inclement weather, act of God, epidemic, pandemic, outbreak of diseases, movement control or other restrictions imposed by the government).
  6. Without prejudice to paragraphs 1 to 5 above, in the event we are liable to any person for any losses or damages pursuant to the Agreement, you agree that our aggregate liability shall not exceed [ RM1,000 ].
  7. You shall indemnify and keep indemnified us, in full against any and all actions, claims, proceedings, losses, costs (including all legal costs), expenses, damages, fines, penalties, demands and liabilities of any nature whatsoever (whether arising from contract, tort or otherwise) which we may suffer or incur as a result of or arising from or in connection with any act, omission, negligence, misconduct, fraud or breach of any provision of the Agreement on your part.

Governing Law and Jurisdiction

  1. The Agreement shall be governed by and construed in accordance with the laws of Malaysia, and by visiting the Website, you agree that you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

Termination of Access

  1. NITORI may, without prior notice to you, at our sole discretion, terminate your access to and use of the Website (in whole or in part). Cause for such termination shall include (but are not limited to):
    a) breaches or violations of any provisions of the Agreement;
    b) request by law enforcement or other government agencies;
    c) infringement of Intellectual Property Rights;
    d) discontinuance or material modification to the products/services provided on the Website;
    e) unexpected technical or security issues;
  2. Termination of your access to and use of the Website (in whole or in part) shall be without prejudice to any other rights or remedies we may be entitled to under the Agreement, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

Invalidity

  1. In the event that one or more of the provisions or part thereof set out in the Agreement is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining provisions or part thereof shall continue to be valid and enforceable.
  2. Headings are for reference purposes only and do not limit the scope or extent of a particular section.

Waiver

  1. If you commit any breach of the provision of the Agreement and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach of the provision of the Agreement.
  2. No remedy conferred by any of the provisions of the Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No exercise or failure to exercise or delay in exercising any right or remedy will constitute a waiver by us of that or any other right or remedy available to us, nor will any single or partial exercise of any right under the Agreement preclude any other or further exercise of it.

Entire Agreement

  1. The Agreement constitutes the entire agreement between you and us pertaining to the subject matter hereof. The Agreement may not be modified, in whole or in part, except as described elsewhere in the Agreement.

Assignment

  1. You agree that the Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party. You shall not assign, transfer or novate any of your rights and obligations under the Agreement.

Terms of Purchase

  1. Prior to making a purchase, you should carefully read and review the product detail page and check for important information such as price, variation, shipping charges, taxation, terms and conditions of purchase etc.
  2. NITORI takes no responsibility and shall assume no liability for any loss or damages arising from inaccurate shipping information and/or customer information and/or for wrong remittance in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorised to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
  3. Please refer to our Shipping Information on the area of coverage for delivery before you make any purchase. NITORI takes no responsibility and shall assume no liability for any loss or damages arising from the placement of any orders outside the area of coverage for delivery.
  4. Please refer to our Payment Method on the various payment methods you can choose at checkout page to make payment of your purchase to us. All payments will be subject to such terms and conditions as may be imposed by the payment gateway service providers on NITORI and/or you.

Delivery

  1. Upon the receipt of payment, NITORI would ship and update the relevant delivery information including the name of our delivery partner as well as the tracking number within 72 hours from the date of the placement of the order. If you have ordered a product that requires assembly, our delivery partner will contact you prior to delivery. This is to confirm your availability and delivery details as well as to update you on our estimated delivery time.
  2. NITORI shall take all reasonable actions for our customers to receive purchased items within the time period specified by our delivery partners. If our third-party delivery partners fail to deliver the purchased item within the period of time, or if the item was not received by the customer due to a reason not attributable to the customer, our delivery partners shall bear all related liabilities and NITORI may take actions against our delivery partner.

Cancellation, Return & Refund

  1. You may cancel an order that is not ready-to ship or has not been processed. Once shipped, orders will be subject to the return process rather than the cancellation process. Charges (including without limitation, bank charges, shipping charges) incurred on returned orders or cancellations shall be back charged to the customer. You may make request for a return of the purchased items within 14 days from the date of receipt of the items subject to the terms stated in our Return Policy. Kindly refer to our Return Policy for further information regarding this.
  2. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by us. Return costs shall be borne by the party attributable to the return request, such as:
    a) the buyer, where the return is due to his/her change of mind; and
    b) NITORI, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item.
  3. In the event where the return is as a result of a defect in the purchased items, NITORI shall be liable to replace the purchased items if it is so desired by the customer.
  4. The refund of any amount shall be subject to such terms and conditions as may be imposed by the relevant payment gateway service providers on NITORI and/or you.

Pricing

  1. NITORI shall take the necessary steps to properly manage and ensure that relevant information such as price and the details of the items, inventory amount and terms and conditions of purchase are updated through the Website and shall not post inaccurate information.
  2. The price of products and options for sale will be determined by NITORI at its own discretion. The price of a product and shipping charges shall include the total amount to be charged to customers such as sales tax, value-added tax, tariffs, etc. NITORI shall not charge any additional amount not stated on the Website.
  3. NITORI shall issue receipts, credit card slips or tax invoices upon request by the customer or if such issuance is required under the laws of Malaysia.

Content

  1. You may post reviews, comments, photos and other Content; submit suggestions, ideas, comments, questions, or other information, on the Website, so long as the Content is not false, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and such Content shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NITORI reserves the right to remove or edit such content but does not regularly review posted content.
  2. When you do post Content or submit material at the Website, and unless we indicate otherwise, you are deemed to have granted NITORI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You are deemed to have granted NITORI the right to use the name that you submit in connection with such Content if we choose to. You represent and warrant that you own or otherwise control all rights to the Content that you posted; that the Content is accurate; that use of the Content you supply does not violate any provision of the Agreement and will not cause injury to any person or entity; and that you will indemnify NITORI for all claims, losses, damages, costs and expenses resulting from Content you supply. NITORI has the right but not the obligation to monitor and edit any Website activity or Content posted on the Website. NITORI takes no responsibility for any Content posted by any third party (including you and other users of the Website).

Review Policy

NITORI provides the function to post impressions, evaluations and images of NITORI products (hereinafter referred to as "Reviews") and the function to display the posted Reviews. The NITORI Review Policy herein incorporated shall apply to customers who post Reviews or refer to posted Reviews on media transmitted by NITORI.

Items to be observed by the User when posting or using Reviews

  1. The following Reviews are prohibited when using the Website.
  • Reviews that infringe on the intellectual property rights, privacy rights, or any other rights of others.
  • Reviews that slander or defame others.
  • Reviews that are false, contain illegal content, racism, blasphemy, violent, cruel, discriminatory, sexual, or obscene and make others feel uncomfortable.
  • Reviews that lead to or encourage crimes.
  • Reviews that contain computer viruses or other harmful programs or scripts.
  • Reviews that offer for sale or transfer for profit or personal use.
  • Reviews for the purpose of advertising.
  • Reviews that include information that may identify an individual (including, but not limited to, name, contact information, photo, and SNS).
  • Any other Reviews that deviate from the purpose of the Website and/or are deemed inapropriate by NITORI.
  • NITORI will delete any Review that violates any provision of the Agreement. NITORI shall not be obligated to disclose the reason for deletion to you or any third party.
  • Notwithstanding the preceding paragraph, NITORI may, without prior notice, suspend or delete your account, demand compensation for damages, or request an injunction against prohibited activities, if you have committed or are likely to commit any act in violation of this Review Policy or any other provision of the Agreement.
  • When you do post Review or submit material at the Website, and unless we indicate otherwise, you are deemed to have granted NITORI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Review throughout the world in any media. You are deemed to have granted NITORI the right to use the name that you submit in connection with such Review if we choose to. You represent and warrant that you own or otherwise control all rights to the Review that you posted; that the Review is accurate; that use of the Review you supply does not violate any provision of the Agreement and will not cause injury to any person or entity; and that you will indemnify NITORI for all claims, losses, damages, costs and expenses resulting from the Review you made. NITORI has the right but not the obligation to monitor and edit any Website activity or Review posted on the Website. NITORI takes no responsibility for any Review posted by any third party (including you and other users of the Website).

Disclaimer on Reviews

  1. The display, sharing or circulation of any posted Reviews is done at the user's own risk.
  2. NITORI shall not be responsible for any information, comments, photos, images, videos, etc. posted on such Reviews displayed, shared or circulated.
  3. NITORI does not guarantee the accuracy, completeness, or usefulness of the posted Reviews.
  4. NITORI shall not be liable for any claims, losses, expenses and damages (including damage caused by computer virus infection, etc.) caused by the contents of Reviews or linked external websites, nor shall NITORI provide any compensation for any trouble between users.
  5. NITORI does not guarantee that the operation of the display, sharing or circulation of any posted Reviews will be trouble-free. NITORI shall not be liable for any damages caused by system interruption, delay, discontinuation, loss of data due to communication line or computer failure, failure in posting reviews, damages caused by unauthorized access to data, or any other damages caused by reasons beyond the control of NITORI.

Copyright of the Posted Reviews

By posting a Review on the Website, the user agrees that NITORI and other users may use (including reuse by NITORI to a third party) all copyrights and other rights under the Copyright Act (including the right to reuse by NITORI to a third party), including the right of reproduction, public transmission, transfer, translation, adaptation, and use of derivative works, without charge, and that NITORI will not exercise any moral rights (right of publication, right of name display, and right of identity preservation).

The user concerned must guarantee that the user who posted the Review possesses all copyrights and other rights under copyright law, including the right of reproduction, the right of public transmission, the right of transfer, the right of translation, the right of adaptation, and the right of use of secondary works. Please confirm whether or not you have any rights under the Copyright Act before submitting your work.

When you post a Review using a third party's copyrighted material, it is assumed that you have, at your own responsibility and expense, pocessed the rights necessary for the consent described in the preceding paragraph (including the pocessing of rights necessary for the consent for use from you to NITORI and other users and the consent for reuse from NITORI to the third party).

NITORI may use your Review in NITORI's advertising materials, sales promotion materials, website, e-mails, or other methods. NITORI may use your Review in NITORI's advertisements, sales promotion materials, websites, e-mails, or other ways. In such cases, no royalty or other compensation will be paid, and NITORI may summarize or excerpt the text, or omit the indication of the author.

You shall not exercise your moral rights under the Copyright Act (including without limitation right of publication, right of name display, and right of identity preservation) even if NITORI uses the Review.
Please note that the Reviews may be used as reference materials for product development or marketing data, or provided to third parties, after removing information that can identify the user.

Notices

If you have any questions about these Terms of Use or any provision of the Agreement, you may contact us either by post or by email at the following address:

Address:
NITORI RETAIL (MALAYSIA) SDN. BHD.
B-5-12, Plaza Bukit Jalil, Aurora Place, Persiaran Jalil 1, 57000 Kuala Lumpur, Malaysia.

Contact no.:
+603 9765 1266

Email:
nrm_ec-inquiry@nitori.my