Rosie On Fire
Terms & Conditions
Rosie On Fire Sdn Bhd (1257443-P) (“Rosie On Fire”) is the owner of this website, www.rosieonfire.com. If you do not agree to these Terms and Conditions, please do not proceed further.
By accessing this website, using our services or ordering any of our products, you hereby agree to be legally bound by the Terms and Conditions set out below. You will also be entering into a contract with Rosie On Fire Sdn Bhd (1257443-P), a private limited company incorporated under the Malaysian Companies Act 2016, with its registered office at No. 9A, Jalan Medan Tuanku, Medan Tuanku, 50300 Kuala Lumpur, Malaysia.
1. AGREEMENT
1.1 You hereby represent and warrant that –
(a) you have read and agree to these Terms and Conditions;
(b) you are at least 18 years old or have legal capacity, right, power and authority to enter into a contract in accordance to these Terms and Conditions; and
(c) all the information that you provide to us is accurate and complete.
1.2 We will not be liable for any loss that you may suffer if for any reason whatsoever our website is unavailable at any time or for any period of time. We have the right to restrict your access to some parts or all parts of our website and we may vary, cease or suspend this website, our services and products at any time.
1.3 We reserve the right to change these Terms and Conditions at any time without prior notice to you by posting changes online. Your continued use of our website after the changes constitutes your acceptance of the amended Terms and Conditions.
2. DEFINITIONS AND INTERPRETATIONS
2.1 In these Terms and Conditions, unless there are inconsistencies to such context or where it is otherwise provided –
(a) “Account” means a registered account of a Member opened under this Site.
(b) “Acknowledgement” means our acknowledgement of your Order by email.
(c) “Agreement” means the agreement formed by these Terms and Conditions.
(d) “Business Day” means a weekday excluding Saturday, Sunday and public holidays in Malaysia.
(e) “Computer” means your computer, notebook, mobile phone or other electronic or digital device used to access this website.
(f) “Confirmation of Order” means our email to you, in which we accept your Order.
(g) “Contract” means your order of a product or products in accordance with these Terms and Conditions which we accept.
(h) “Member” means a registered member of our website.
(i) “Order” means the order submitted by you to our website to purchase product(s) from us.
(j) “Product” means products available for purchase at our website.
(k) "Rosie On Fire" means an online trading site owned by Rosie On Fire Sdn Bhd.
(l) “User Content” means all contents in our website which are created, transmitted, posted or uploaded by a user of our website.
(m) "Website" means internet website with the URL www.rosieonfire.com and associated websites.
(n) “You” or “Your” means the user of the Website or a customer who places an Order.
2.2 The words “include” and/or “including” shall not have any limiting effect;
2.3 The headings in these Terms and Conditions do not have any legal effect nor shall they affect the construction of this Agreement in any way.
3. DISCLAIMERS & LIMITATIONS
3.1 We have taken all reasonable care and effort to ensure that all details and information displayed on our website, including but not limited to prices, images and descriptions of the Product, are correct at the time when the relevant information was entered into the system.
3.2 The Product information on our website is provided on an ‘as is’ and ‘as available’ basis without any express or implied warranties.
3.3 We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of the Product that appear on the website. What you see will depend on your display and your Computer. We are unable to guarantee that the Product and images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your purchase.
3.4 We disclaim all express or implied warranties including but not limited to implied warranties of satisfactory qualities of the Product, its merchantability, compliance with every description of the Product, or non-infringement warranty of the Product to the extent permitted by the law.
3.5 We shall not be liable in the event there are interruptions or errors in the functions of access to our website or that where there is an omission on our part. We shall endeavour to ensure that the website is always up-to-date but we do not warrant that any defects will be immediately corrected or the website or our services are free from viruses or any other harmful components.
3.6 We shall not be liable in the event this website is not available at all times. We make no representations or warranties that your access to this website will be uninterrupted and error-free at all times due to the nature of the Internet. We may at any time suspend the website to carry out updates and repairs.
3.7 You agree that we shall not be liable (whether in tort, contract or any other legal head of liability) in relation to your use or inability to use or delay in your use of the website or any material in it or accessible from it or from any action or decision taken as a result of using this website or any such material which may result in any of the following including but not limited to consequential loss, loss of contracts, loss of revenue, loss of opportunity, loss of business or loss of actual or anticipated profits.
3.8 We have the rights to suspend your use of this website whether temporarily or permanently at any time without notice. We may also impose restrictions on the length and manner of your usage on any part of this website for any reasons whatsoever.
3.9 We do not warrant that your use or download of any of our services from our website would not affect the performance or function of your Computer. We shall not be liable for any damage to, or viruses or other codes that may affect your Computer, software, data or other properties be it yours or any other third parties as a result of your access to or use of this website.
3.10 We do not endorse or promote any financial products, services or promotions relating to the purchase of the Product.
3.11 You acknowledge and hereby agree that we do not endorse and have no control over third-party products that are not ours and we hereby expressly disclaim all liabilities from your loss (if any) resulting from your usage or reliance of such third party products advertised in our website or on linked sites.
3.12 You agree that some of our services may enable other online users to upload User Content on our website and any reliance or acceptance by you on such opinions on information by other users shall be solely at your own risk. We shall not be liable to any loss that you suffer from such reliance on any User Content.
3.13 Any information on our website shall not constitute any part of an offer or contract.
3.14 Comments, opinions and other materials posted on our website shall not constitute an advice on which reliance should be placed. We therefore disclaim all liabilities and responsibilities arising out of your reliance placed in such aforesaid comments, opinions and materials.
4. AGE RESTRICTION
4.1 To place an order with us, you must be over 18 years old or have the legal capacity to enter into a contract. You must also possess a valid credit or debit card issued by a bank or institution acceptable to us, or be entitled to make payments by some other mode acceptable to us.
4.2 You must have the legal capacity, right, power and authority to purchase the Product.
5. REGISTRATION FOR SERVICE
5.1 You may register and open an online Account on our website during which you will be requested to furnish us with your personal and any other relevant details. Please see our Privacy Policy in this regard.
5.2 An Account shall be created with your own username and a password to your Account. You shall be requested to change the password after activation of your Account through a link emailed to the email address you provide at registration. You must keep your password confidential and you owe the duty to immediately notify us in the event there is any unauthorised third party use of your Account. You hereby acknowledge and agree that any other third party to whom you disclose your password and/or authorise the use of your Account shall be deemed as your agent.
5.3 We reserve the right to close your Account at any time without notice to you in the event you are found or it is believed that you have used or will be using our website with the intention to disrupt our website in any way.
6. ORDER PROCESS
6.1 All orders that you place on this website are subject to acceptance in accordance with these Terms and Conditions.
6.2 Irrespective of any previous prices that you have seen or heard, once a Product is selected for Order, you will be required to make payment of the charges including but not limited to taxes and/or delivery and handling charges (where applicable). All orders will be processed in United States Dollars (USD), however, our website offers a currency converter for your reference in your preferred currency.
6.3 Although we will ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
6.4 You shall pay for the Product, including any taxes and/or delivery and handling charges (where applicable) in full at the time of Order by supplying us with the requested Paypal, credit or debit card details. We shall not in any circumstances be bound to supply you with your Product until we have received your payment in full. We reserve the right not to offer you certain forms of payment methods and to refer you to our other forms of payment. We also reserve the right to validate your payment details before supplying you with the Product.
6.5 Non-acceptance of the Order may be due to any one or more of the following reasons: (a) The Product that you ordered is out of stock. (b) Our inability to obtain the authorisation for your payment. (c) There is system or procurement failure. (d) We do not ship to your requested location. (e) There is a description error in the Product.
6.6 You are responsible to review the latest Terms and Conditions each time you place an Order.
6.7 When we accept your Order, a Contract shall be formed. Acceptance shall take place when we send you an email of Confirmation of Order and such Confirmation of Order shall be effected when the Product has been dispatched by us. We reserve the right to dispatch multiple orders separately. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted the Order. Until the time we accept your Order, we reserve the right to refuse to process the Order and you reserve the right to cancel the Order. If either you or we have cancelled the Order before we have accepted it, we will refund any payment already made by you.
6.8 We will try our best to ensure that the price given to you is accurate, but the price of the Order shall be validated by us as part of our acceptance procedure. In the event the price for the Order changes before we accept the Order, we will seek your confirmation whether you wish to proceed with the Order on the amended price. If we were unable to contact you, we will treat the Order as cancelled.
7. DELIVERY
7.1 We aim to deliver the Product to you at the place of delivery requested by you in the Order.
7.2 We aim to deliver the Product within the time frame stipulated by us in the Order Confirmation but we do not warrant that such delivery will be effected strictly within the estimated time due to external factors.
7.3 Please note that your delivery may take longer during sale or other busy periods.
7.4 If you have opted to personalise our Product, e.g. where it is customised or altered to your specification or request, your delivery may take longer as we factor in the time to personalise our Product for you.
7.5 All parcels will be delivered by way of a courier service selected by us at our discretion. Your signature may be required on delivery.
7.6 The delivery rate will be stated in the Confirmation of Order based on the approximate weight and size of your parcel of Product. In the event that you request for special packaging of your Product, extra charges will be imposed.
7.7 We shall not be liable for any late deliveries caused by third parties, fire, flood, or any mechanical breakdowns, or for any cause not attributable to our fault. We shall not be liable for the non-delivery of the Order due to any incorrect delivery addresses you provided.
7.8 It might not be possible for us to deliver to some locations. In the event this happens, we will inform you and we will arrange for a cancellation of the Order to be made or for there to be a delivery of the Order to an alternative delivery address.
7.9 All risks shall pass to you at the time of delivery, except that, where delivery is delayed due to a breach of your obligations under the Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for the loss or destruction of the Product.
7.10 You shall exercise care when opening the package containing the Product so as not to damage it.
7.11 You shall ensure that you are ready for receipt of the Product without undue delay.
7.12 In the event you neglect, refuse or fail to accept delivery or collect the Product in accordance with the procedure set out by our selected courier service, there will be no refunds and the purchase price paid to us will be forfeited as agreed liquidated damages.
7.13 We do not warrant that the Product will meet your individual expectations and/or requirements. You hereby acknowledge that the Product is not made bespoke to fit any particular requirements that you may have.
8. CANCELLATION OF ORDER (NON-FAULTY PRODUCTS)
8.1 If, for any reason, you wish to cancel the Order before the Product has been dispatched for delivery, please contact our Rosie On Fire Customer Service team at hello@rosieonfire.com.
8.2 Once your Order has been dispatched, it may not be cancelled and the Product must be returned to Rosie On Fire as an unsatisfied purchase.
8.3 As it is our policy to try to process orders immediately, it may not always be possible to stop an order from being dispatched.
8.4 We are unable to accept cancellations of the Product that has been personalised, e.g. where it has been customised or altered to your specification or request.
8.5 We reserve the right to cancel the Contract if the Product is not available for any reason. We will notify you in the event this happens and we shall return any payments that you have made in full. Such refund shall be by way of the payment method that you chose when making payment for the Order.
9. RETURN OF FAULTY PRODUCTS
9.1 Subject to Clause 3, we warrant that –
(a) upon dispatch, the Product is undamaged and is in good quality; and
(b) subject to Clause 9.3, the Product will conform to the specifications that have been posted on our website at your time of Order.
9.2 The Product is intended to be used strictly in accordance with the instructions or labels on the apparels and/or accessories.
9.3 Before delivery, we may make minor adjustments to the material, colour, weight, measurements, design and other features to the extent they are reasonable.
9.4 In the event you inform us that the Product is faulty, you agree to keep the Product in its current condition available for us or our agent appointed by us to inspect the Product within a reasonable period of time.
9.5 You must notify us at hello@rosieonfire.com within fourteen (14) days from your receipt of delivery and make sure the Faulty Product is returned within twenty-eight (28) days after such notification.
9.6 To facilitate us in providing you with any remedies for a Faulty Product, we may require your assistance and prompt provision of certain information about the Product including –
(a) the detailed specifications on the way in which it is alleged the Product is damaged or defective;
(b) a picture of the alleged damage or defect; and
(c) the delivery note number and other delivery or receipt details as we may require.
9.7 Please make sure that the Faulty Product is returned in an unused condition, in its original packaging, with any labels and/or garments and/or accessories tags still attached. Please re-use the delivery packaging provided.
9.8 You are responsible for the cost of shipment for the return of the Faulty Product.
9.9 Once we have received the Faulty Product, a refund will be issued to you.
9.10 We will not replace or provide a refund for the Product where it has conformed to the Contract. Without prejudice to the generality of the above, we will not replace or provide a refund for the Product where on investigation we find that the Product has –
(a) been misused, abused, subjected to neglect, improper use or inadequate care, carelessness, damage or abnormal conditions;
(b) damaged due to your own attempt of modification or repair;
(c) been dealt with or used contrary to our manufacturer’s instructions of the Product; or
(d) deteriorated through normal wear and tear after our delivery.
9.11 In any event and to the extent permitted by law, we shall not be liable to you for any death, injury to person or property, losses, liabilities, costs, damages, charges or expenses arising as a result of the Faulty Product.
10. RETURN OF NON-FAULTY PRODUCTS
10.1 If you are not completely satisfied with your purchase, you may return the Product to us within twenty-eight (28) days of your receipt of the delivery by contacting our Customer Service Team at hello@rosieonfire.com. The Product must be returned in the original condition, unaltered, unworn, unwashed and with tags intact.
10.2 We are unable to accept return of any non-faulty Product that has been personalised, e.g. where it has been customised or altered to your specification or request.
10.3 You are responsible for the cost of shipment for the return of the Product to Rosie On Fire.
10.4 We must receive the returned Product in order for you to be eligible for a full refund or a replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept the return and send the Product back to you.
10.5 We are not responsible for returned Product until it arrives at our mailing address. Please retain the postage receipt and tracking number as proof of return.
10.6 All return will be processed within 7 Business Days upon our receipt of returned Product. We will refund you by way of replacement or refund in your original form of payment.
11. GUARANTEE AND COMPLAINTS MANAGEMENT
11.1 We shall perform our obligations under these Terms and Conditions with reasonable skill and care.
11.2 We value all your feedback and we would like to ensure your satisfaction of our services and products at all times. We will attempt to address any of your concerns or issues raised as soon as possible and will contact you on receipt of any complaint or enquiry.
11.3 In the event you have a complaint, it will assist us if you could detail your complaint and provide us any documents which may help us in our investigation.
12. FORCE MAJEURE
12.1 We shall not be liable to you for any breach or delay in our performance of the Contract due to any cause beyond our control including but not limited to natural disasters, actions of third parties (including hackers, suppliers, quasi-government, government, etc.), riot, civil commotion, war, national emergencies, terrorism, piracy, detainments, strikes, fire, explosion, storm, flood, drought, weather conditions, accident, mechanical breakdown, third party software problems, problems with public utility supplies (including internet and telecommunication failures), shortage or inability to obtain supplies, materials or equipment regardless of the foreseeability of such events.
12.2 Either party may terminate the Contract by way of written notice to the other party if the events lasts for a period of more than seven (7) Business Days and each party shall not be liable to the other party by reason of such termination other than by way of full refund of payment accepted (if any).
13. NOTICES
13.1 Any notice to be served under a Contract shall be in writing and may be served by way of prepaid registered mail to the other party’s last known address or by email addressed to the other party.
13.2 Notice by post shall be deemed to be served within three (3) Business Days after postage if the other party is within Malaysia. Notice by email shall be deemed to be served when the email has been sent and such service shall be valid so long as the sender is able to show that the email was properly addressed.
14. DATA USE & PRIVACY
14.1 Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
15. INDEMNITY
15.1 You agree to defend, indemnify and hold harmless Rosie On Fire and its affiliates, officers, directors, employees, agents, statutory liability to third parties, content providers and licensors from and against all claims and expenses, including indemnification of legal costs on full indemnity basis, awards, losses and/or expenses, due to or arising out of the following (list of which is not exhaustive):
(a) Any use of this website or any of our services.
(b) Your connection to this website.
(c) Your breach of any terms and conditions of these Terms and Conditions.
(d) Your violation of any rights of any other person or entity.
(e) Your breach of any statutory requirements, duties or laws.
(f) Your provision of inaccurate or out-of-date information.
(g) Your infringement or breach of the copyright or any intellectual property rights (including copyright, trademark rights and broadcasting rights) or privacy or other rights of use or third parties.
(h) Your use, delivery or transmission of any viruses, bugs, unsolicited emails, trojans, back-doors, easter eggs, worms, time bomb, cancelbots or any other computer programming routines that are intended to damage, interfere, intercept or expropriate any system, data, or personal information.
(i) Your uploading of User Content which may be obscene, indecent, inappropriate, vulgar, political, untrue, defamatory, malicious and abusive.
16. INTELLECTUAL PROPERTY & COPYRIGHT
16.1 All intellectual property rights, whether registered or unregistered, on this website, design, image, information and content on the website, 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 the property of Rosie On Fire.
16.2 All design, image, information and content of the Product on our website are under a copyright owned by Rosie On Fire. We prohibit the use of any of the same for any purpose without prior written permission from us.
16.3 Reproduction of part or all of the contents in any form of this website is prohibited other than for individual use only with the appropriate attribution to Rosie On Fire. The same may not be re-copied or shared with a third party. The permission to recopy by an individual does not allow for the incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
16.4 All rights not expressly granted are reserved by us.
17. SEVERABILITY
17.1 If any provision and/or content of this website and/or in these Terms and Conditions and Privacy Policy are found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, all the provisions and/or contents of this website and/or in these Terms and Conditions and Privacy Policy shall continue to be in force save for such illegal, void or unenforceable provision and/or content.
18. GOVERNING LAW & JURISDICTION
18.1 These Terms and Conditions, the Contract and the Privacy Policy including all matters relating to your access to, or use of, this website and our services shall be governed and construed in accordance with the laws of Malaysia. The courts in Malaysia shall have exclusive jurisdiction to determine any dispute or difference arising therefrom.
18.2 You are reminded to note that section 114A of the Evidence Act 1950 creates a presumption that a person who is the subscriber of a network service is the publisher of anything that originates from his or her network, and that a person who owns or controls a computer is the publisher of anything that originates from his or her computer. We urge you to exercise caution in posting any User Content on our website.
19. THIRD PARTY WEBSITES
19.1 We shall not be liable nor shall we accept responsibility for the content of any third party websites that may be linked to our website or is advertised on our website. Such linked websites are provided for your convenience with no warranties on our part for any information provided therein. We do not provide any endorsement or recommendation of any third party sites to which our website may provide links to.
19.2 We hereby grant you a revocable, non-exclusive and royalty-free right to link your website to the homepage of our website provided you do so without damaging our reputation. You shall not make any warranties or representations about us, our services or our Product without our express authorisation nor shall you post anything that is false, misleading, derogatory or offensive about the same as well as stating impliedly or expressly that we have endorsed your site in any way.
20. GENERAL
20.1 We shall keep a record of the Order and the Terms and Conditions at the point of time when the Order is placed for a period of six (6) years after we have accepted the Order. For your ease of reference, we advise you to print the Terms and Conditions at the time you place the Order and to keep a copy of the same together with the Order and the Confirmation of Order.
20.2 Our failure or delay in exercising our rights under these Terms and Conditions and/or in enforcing the Contract shall not operate as a waiver of such rights or extend to or affect any other subsequent events or impair, modify or diminish any of our rights or remedies.
20.3 You shall not assign, transfer, novate, charge, sub-contract or create any trust over or deal with any other manner with these Terms and Conditions and the Contract.
20.4 Nothing in these Terms and Conditions and the Contract shall be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
20.5 A person who is not a party to these Terms and Conditions and the Contract shall not have any rights under it or be entitled to benefit from any of its terms.
