Terms & Conditions
Welcome! You have found us at www.picturehangingsystems.my (our Website). We are Dita Colour Sdn Bhd (943393-H) based at No. 17, Wisma Laxton, Jalan Desa, Off Jalan Klang Lama, 58100 Kuala Lumpur. In the Terms and Conditions, “We” and “Us” refer to Dita Colour and our rights, obligations and others are hereby referred to as “Our/Ours”. We hereby address you, our website viewer and customers as “You” and “Your”.
The Terms and Conditions (T&C) govern how we interact with you, our terms of sale for our products; and our commitment to you with regards to your privacy and your consumer rights.
This document also establishes our expectations on your conduct and obligations when visiting this website and purchasing products from us. This Website is intended for use by people residing in Malaysia. The statements made available on this Website do not apply outside Malaysia.
YOU AGREE TO INSTALL AND USE THE PRODUCTS ONLY AS INDICATED IN STAS’ PRODUCT INSTALLATION GUIDES AND OTHER STAS MANUALS. YOU ACKNOWLEDGE THAT IMPROPER INSTALLATION, MISUSE, MISAPPLICATION OR OTHER FAILURE TO FOLLOW STAS’ INSTRUCTIONS AND WARNINGS MAY CAUSE PRODUCT MALFUNCTION, PROPERTY DAMAGE, SERIOUS BODILY INJURY AND/OR DEATH. CORRECT INSTALLATION OF PRODUCTS IS CRITICALLY IMPORTANT. YOU AGREE TO ASSESS THE STRENGTH OF THE WALLS OR CEILINGS IN THE LOCATIONS WHERE THE PRODUCTS ARE TO BE FITTED, AND THE EXPECTED LOADS, AND TAKE ACCOUNT OF AND OBSERVE ALL RELEVANT LOCAL LAWS AND REGULATIONS. IF NECESSARY, YOU WILL USE FASTENERS THAT ARE MORE SUITABLE FOR THE TASK. YOU HAVE SOLE AND FINAL RESPONSIBILITY FOR CORRECT FITTING, ASSESSMENT OF THE WALLS OR CEILINGS AND THE CHOICE OF FASTENERS. MAXIMUM WEIGHTS ARE INDICATED IN THE DOCUMENTATION AND MUST BE OBSERVED. STAS HAS NO LIABILITY FOR USE IN CONNECTION WITH A LARGER LOAD THAN THAT ADVISED, AND ALSO HAS NO LIABILITY FOR DAMAGE ARISING FROM ATTACHMENT OF PRODUCTS TO STRUCTURES OF INSUFFICIENT STRENGTH, COMBINATION WITH SYSTEMS OTHER THAN PRODUCTS OR UNAUTHORIZED COMBINATIONS OF PRODUCTS.
[TERMS OF SALES]
All sales of Products and associated services are governed by this T&C. You will be required to indicate that you have read, understood and agreed to the Terms immediately, prior to finalising any orders placed on our Website.
1. Availability of products
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our “Return Policy” applicable to that Product. The inclusion of any products on this Website at a particular time does not imply or warrant that these Products or services will be available at any time. We will endeavour to include a statement on the Website when we aware that a particular Product is out of stock, but we are under no obligation to do so. We reserve the right to notify you that the Products for which you placed orders have become unavailable. In the event that you order a Product from the Website and we later inform you that we no longer stock the Product you had originally ordered:
(a) we will not charge you for the Product that we have not supplied to you;
(b) we will contact you to discuss whether we are able to provide you with a substitute Product; and
(c) except as required by law, we will not be liable to you for any resulting loss.
We have made every effort to display as accurately as possible the colours and images of our Products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at Dita Colour’s sole discretion. We reserve the right to discontinue any Product at any time.
2. Accuracy of Billing and Account information
You agree to provide current, complete and accurate purchase and account information for all purchases made.
3. Order process
Products displayed on the Website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by You are offers to purchase particular Products in accordance with these Terms at the price specified.
To the extent permitted by law, We reserve the right to accept or reject Your offer for any reason (or no reason), including without limitation the unavailability of any Product, limitations on quantities available for purchase, an error in the price or Product description, problems identified by our credit department, or an error in Your order. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, you must go through the return process outlined below (see “Return Policy”).
You shall make all payments as specified in an Order. All sales are final and all payments made hereunder are non-refundable except as set forth in RETURN POLICY & WARRANTIES. Clerical errors in pricing and Product descriptions are subject to correction by Us. Orders will not ship until payment has cleared.
Unless otherwise specified in the Order, You shall pay for purchased Products prior to shipment in Ringgit Malaysia (RM). You shall be responsible for any extra charges for specially requested shipping and handling charges. Dita Colour reserves a security interest in the Products to secure payment of the purchase price and all taxes and other charges invoiced for such shipment. If requested, You will sign appropriate financing statements evidencing such security interest. Offsets against payments and outstanding invoices are not permitted by reason of any alleged defect unless agreed in writing by Us.
Product exchange is only available within 14 days of purchase, and only applicable for manufacturing defect on Stas Products. You may inform us through our Website or contact your sales person and return the defected Products to our showroom for one to one exchange.
West & East Malaysia
For customers in West & East Malaysia to return using delivery or courier services, You must arrange and incur all expenses in the cost of return to Dita Colour’s showroom. We will resend the exchange Products within 7 days of return.
Warranties, conditioned upon the Products being stored and installed according to Stas’ Documentation, and correctly maintained after installation, that the Product will be free from defects in material and workmanship for a period of five (5) years (the “Limited Warranty Period”) from the date of shipment to You. Your sole remedy for breach of the foregoing limited warranty is for Stas to repair or replace the defective Product so long as the problems are reported during the Limited Warranty Period. All Products and components returned under the foregoing limited warranty become the property of Dita Colour. This warranty shall not be enlarged and no obligation or liability shall arise out of rendering of technical advice or service in connection with the Product. This limited warranty is valid only for You and the owner (if different) of the initial structure in which the Product is installed, and may not otherwise be transferred or assigned.
TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTY EXPRESSLY SET FORTH HEREIN, STAS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Any implied warranties that cannot be disclaimed shall apply only during the Limited Warranty Period. Dita Colour has no obligation to honour any warranty until Stas has been fully paid for the Product. You agree to promptly notify Us of any defects in the Product, including a detailed description of the failure. If Our inspections and tests determine that the Products are in breach of the warranty and have not been subjected to any of the conditions set forth, then We shall attempt to repair or replace the Products or applicable components. Repairs may include the replacement of parts with functionally equivalent, reconditioned or new parts.
Dita Colour assumes no responsibility for the inability of the Products to meet the requirements of any project specification or compliance with an architect’s plan. Product performance is strictly limited to those specifications currently communicated, at the time of the sale, on the individual Product level on our Website. Warranty services will not cover Product issues caused in whole or in part by: (i) misuse, neglect, negligence, accident, or improper installation, storage, handling, or use of the Product by You or a third party; (ii) installations, fittings, repairs or alterations by Your or any persons not authorized by Dita Colour; (iii) a Force Majeure Event, or (iv) combination or use of the Products with any third party items or systems which has not been previously approved in writing by Us.
Products purchased are non-refundable.
The T&C and any separate agreements where we provide You Products or Services shall be governed by and construed in accordance with the laws of Malaysia.
This document constitutes the entire agreement between “Dita Colour and You” with respect to Your use of this Website and Your purchase of Products from Us.
We will not be liable for any delay in performing any of Our obligations under these if such delay is caused by circumstances beyond our reasonable control. If We do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under the T&C will only be effective if it is in writing and signed by Us.
Any ambiguities in the interpretation of the T&C shall not be construed against the drafting party.
If any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree and acknowledge that, in the event that We merge, sell or otherwise change control of Our company, Our business or the Website to a third party:
(a) We shall be permitted without giving notice or seeking prior consent from You to disclose the personal information and other data that we have collected from You to that third party;
(b) We shall be entitled to assign the benefit of any agreements we have with You to the third party. Questions about these Terms and Conditions should be forwarded to Our email at firstname.lastname@example.org