Terms & Conditions
This website is operated by SPELLMAN & CO (“S&C”, “Company”) Throughout the website (“Site”), the terms “we”, “us” and “our” refer to S&C . S&C offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.
Please read these Terms and Conditions carefully before accessing or using our Site. 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 Site. 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 website with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the website following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Definitions
1.1. “Account” means an account that you will need to register for on the Site if you would like to submit an Order on the Site;
1.2. “Business” means the online business of selling through the Site;
1.3. “Business Day” means any day on which banks are open for business other than Saturday, Sunday and gazetted public holidays in Malaysia;
1.4. “Contract” means your Order of a Product or Products complying with these Terms and Conditions that we accept in accordance with clause 3.2 below;
1.5. “Customer” means individual who places an Order on the Site;
1.6. “Minimal Requirement” means your required status in accordance with clause 2 below;
1.7. “Order Confirmation” means our email to you, confirming the acceptance of your purchase in accordance with clause 3.2.4 below;
1.8. “Order” means the order submitted by you to the Site to purchase a Product(s) from us;
1.9. “You” means the Customer visiting the Site and places an Order;
1.10. References to “clauses” are to clauses of these Terms and Conditions;
Minimal Requirement
2.1. You must be over 18 years of age on the time of the Contract; and
2.2. You must possess a valid credit or debit card issued by any bank that is acceptable by the Company; or
2.3. You must maintain a valid and active Online Banking Facility with a bank acceptable by the Company.
Terms of Sales
3.1 You must have a valid and active e-mail when registering on the Site which will be a mode of communication between you and the Site and its personnel. All information, updates, Order Confirmation, delivery address confirmation and other related matters will be reciprocated via the said e-mail include a valid contact detail (corresponding address, telephone number, payment detail)
3.2. Contract Formation
3.2.1. You agree to pay the price of the Product that you ordered where you will then be shown on the Site for the final charges that you ought to pay, if applicable, and any applicable delivery charges.
3.2.2 Payment for the Product must be in full at the time of ordering by ways stipulated in Clause 2.2 or 2.3 which we require in order to process your Order. Alternate payment modes will be introduced from time to time.
3.2.3. We reserve the right to obtain validation of your payment details before providing you with the Product.
3.2.4. A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a “Order Confirmation” stating that we are accepting your Order.
3.2.5. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our customer careline department immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
3.2.6. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
3.2.7. You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
3.3. Price and Payment
3.3.1. Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur.
3.3.2. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the final” Total’.
Delivery Process
4.1. At the moment, all of our orders will be shipped using our courier partner City Link.
4.2. Users will not be notified for future courier partner changes.
4.3. Upon receiving your order, we will ship the order out between 24-48 hours.
4.4. Please note that there would not be any shipping done on the weekends and public holidays.
Cancellation
5.1. We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and allow you to change other items with S&C.
5.2. There is no refund allowed with S&C as currently we are only practicing return & exchange for any kind of cancellation.
5.3. All Orders confirmed via the Order Confirmation will not be allowed to cancel unless otherwise stated through written confirmation from our customer care department.
Returns and Refunds
6.1 There is no refund on all orders with S&C, you are allowed to exchange for another item with S&C with the evidence below:
6.1.1Picture showing the defective part or incorrect item and
6.1.2 Invoice number, order number, and tracking number
6.1.3 Name of the item
Force Majeure
7.1 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 detainment 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.
Advertising
8.1 We shall always maintain and endeavor all relevant regulations on any promotional and advertorial materials on the Site.
Amendment to the General Business Terms and Conditions
9.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Personal Data Protection
10.1 Please refer to our Privacy Policy on this site.