Terms and Conditions of Use
www.wintertime.com.my website is an online shopping portal (the Portal or the Website) implemented by Winter Time Sdn Bhd (85491-X) with registered address in 17-2, Jalan 5/152, Taman Perindustrian OUG, Jalan Puchong, 58200, Kuala Lumpur, Malaysia (the Seller), uses the Portal as a sales channel of Winter Time Products through e-commerce in Malaysia.
In case of any violation of these Terms and Conditions of Use, Winter Time reserves the right to seek all remedies available under the law and in equity for such violations. These Terms and Conditions of Use apply to all visits to this website, usage of this website or any services provided on this website as well as placing an order from this website, both now and in the future.
Terms of Sales
In order to contract with Winter Time you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Winter Time retains the right to refuse any request made by you.
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Pricing, Product Description and Availability
Whilst we try to ensure that all information, details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. Winter Time does not warrant that product descriptions or other content of any Winter Time Services are accurate, complete, reliable, current, or error-free. If we discover an error in the price, payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund through original payment mode.
Where applicable, delivery costs will also be charged; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. The conditions of use relating to any discount code will be specified at the time of issue.
Winter Time exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order in accordance with your selected delivery option.
Winter Time endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events for which we will not be liable for.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order you will receive an email confirmation with your expected delivery details.
If you entrust others to receive the package on your behalf, Winter Time will not bear responsibility in case of loss or damage arising from this entrustment.
Kindly ensure that the delivery address and receiver’s name are correct as returns / delivery due to incorrect addresses / names will be charged and not refunded.
Returns and Refunds
Winter Time does not take title to returned items until the item arrives at our fulfilment centre and provided that all items are returned in the same condition they were in upon your receipt.This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact and should not be removed.
Colours and measurements
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we do not guarantee that your computer’s display of the images accurately reflect the true colour of the products.
An item’s measurements given on wintertime.com.my are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.
The materials located on this website, including the information as well as any software programs available on or through this website (“the Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by Winter Time.
Except as otherwise provided in these Terms and Conditions of Use, the Contents of this website shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of Winter Time.
You may use, hyperlink, copy and distribute the Contents found on this website solely for personal, internal, non-commercial and informational purposes only, provided that you keep intact all accompanying copyright and other proprietary notices. You may not display, distribute or otherwise use any of the Content found on this website for any commercial purpose unless you receive specific prior written consent from Winter Time.
Modification of any of the Contents or use of the Contents for any other purpose will be a violation of Winter Time’s copyright and other intellectual property rights. Graphics and images on this website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written permission of their respective copyright owners.
The design and layout of this website is protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or search engine from this website may be copied or transmitted unless with the prior express permission of Winter Time.
Disclaimer of Warranties and Liability
The Contents of this website are provided on an “as is” basis without warranties of any kind. Winter Time is not responsible for any errors or omissions, or for the results obtained or consequences arising from the use of any of the Contents, or for the authenticity or integrity of any transactions or communications made through this website.
To the fullest extent permitted by law, Winter Time does not make any representations or warranties whatsoever and hereby disclaim any and all warranties including express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:
- Any representations or warranties as to the accuracy, completeness, correctness, reliability, currency, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this website; and
- Any representations or warranties that the Contents available through this website or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this website and the server is and will be free of all viruses and/or other malicious, destructive or corrupting code, program or macro.
Winter Time shall also not be liable to you or any third party for any loss, injury, claims, actions, costs, expenses or other damage of any kind, whatsoever and howsoever caused, including but not limited to any direct, indirect, punitive, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, modem, telephone or other property, howsoever caused whether arising directly or indirectly from:
(i) your access to or use of this website;
(ii) any loss of access to or use of this website, howsoever caused;
(iii) any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents;
(iv) any delay or interruption in the operation of this website or transmission of the Contents of this website, whether caused by communications failure, Internet access difficulties or malfunctions in equipment or software or otherwise;
(v) any decision made or action taken by you or any third party in reliance on the Contents;
(vi) your use of user id or any other password; or
(vii) the conduct or the views of any person who accesses or uses your user id or any other password and/or accesses or uses the website,
even if Winter Time or its employees are advised of the possibility of such damages, losses, injuries, claims, actions, costs and/or expenses.
Further, Winter Time shall not be liable for damages, losses, injuries, claims, actions, costs and/or expenses of any kind arising from its failure or delay in performing any or all of its obligations if such failure or delay is due to circumstances or causes beyond its reasonable control.
You hereby agree to indemnify Winter Time and hold Winter Time harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by Winter Time arising directly or indirectly out of:
- your access to or use of this website; or
- your breach of any of these Terms and Conditions of Use.
You agree that the Contents of this website, including but not limited to any information relating to
- Winter Time’s statutory duties, functions and powers; and
- Winter Time’s policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments,
shall not be construed as constituting any promise or representation by Winter Time to you or any third party that Winter Time will or will not adopt any particular course of action or confer any particular benefit upon you or any third party. The Contents of this website shall not preclude, limit or constrain Winter Time’s exercise of its rights, powers and discretion in any way nor compel, require or oblige Winter Time to exercise its rights, powers and discretion in any particular manner or to achieve any particular outcome.
You further agree that you shall not rely on any Contents of this website to claim or assert any form of legitimate expectation against Winter Time, whether procedural or substantive in nature, in respect of any action that Winter Time may or may not take in the exercise of its discretion as a public authority.
Winter Time reserves the right to change, modify, add to, derogate from or vary its position in respect of any policies, frameworks, projects, initiatives, plans, schemes, objectives and instruments referred to on this website at any time in Winter Time’s sole and absolute discretion without prior notice to you.
Right of Access
Winter Time reserves the right to update or modify this website from time to time. Winter Time further reserves all rights to deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without ascribing any reasons whatsoever.
You agree that you will not:
- use any robot, spider, other automatic device, or manual process to monitor or copy any pages within this website or the Contents without Winter Time’s prior written permission;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this website; and
- take any action that imposes an unreasonable or disproportionately large load on Winter Time’s servers.
Hyperlinks to Third Party Sites
This website contains hyperlinks to web sites which are not maintained nor controlled by Winter Time. Winter Time shall not be responsible for the content of any hyperlinked website or any hyperlink contained in a hyperlinked web site, or liable for any loss, injury, claims, actions, costs, expenses or other damage arising from access to those websites. Use of the hyperlinks and access to such hyperlinked websites are entirely at your own risk.
All hyperlinks to other websites are provided as a convenience to you as a user of this website. The inclusion of any hyperlink does not imply endorsement by Winter Time of such websites. In no circumstances shall Winter Time be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this website is hyperlinked.
Hyperlinks to This Website from Third Party Websites
Except as set forth below, caching and hyperlinks to, and the framing of this website or any of the Contents are prohibited.
You may hyperlink to the Home Page of this website, upon prior notification to Winter Time in writing. You must make a specific request for, and secure permission from Winter Time prior to hyperlinking to, or framing, this website or any of the Contents, or engaging in similar activities. Winter Time reserves the right to impose conditions when permitting any hyperlinking to, or framing of this website or any of the Contents.
Your hyperlinking to, or your framing of this website or any of the Contents constitute acceptance of these Terms and Conditions of Use. This is deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, you must discontinue linking to, or framing of this website or any of the Contents.
In no circumstances shall Winter Time be considered to be associated or affiliated in any manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this website or any of the Contents.
Winter Time reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
Winter Time reserves the right to disable any unauthorised links or frames and disclaim any responsibility for the content available on any other site reached by links to or from this website or any of the Contents.
These Terms and Conditions of Use shall be governed and construed in accordance with laws of Malaysia.