1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Shoestory for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Shoestory;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Shoestory;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which Shoestory is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
2. Basis of the Contract
2.1 The supply of Goods by Shoestory to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Shostory's website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Shoestory.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Shoestory in its website shall be subject to correction without any liability on the part of Shostory.
2.5 Shoestory may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and Shoestory will only be completed upon Shoestory issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Shoestory shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Shoestory shall furthermore be entitled to require the Buyer to furnish Shoestory with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
The price of the Goods and/or Services shall be the price stated in Shoestory's website at the time which the Buyer makes its offer purchase to Shoestory. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Sheostory in addition to the price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Shoestory's website. The terms and conditions applicable to each type of payment, as contained in Shoestory's website, shall be applicable to the Contract.
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. Shoestory accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
Shoestory accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Cash On Delivery
Cash on Delivery (Pay cash upon delivery) is not available.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Shoestory has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Shoestory shall not be liable for any delay in deliv-ery or performance howsoever caused.
6.4 If Shoestory has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Shoestory, to demand performance within a specified time thereafter, which shall be at least 14 days.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Shoestory's fault) then without prejudice to any other right or remedy available to Lazada.
7. Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Shoestory has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until Shoestory has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Shoestory to the Buyer for which payment is then due.
8. Warranties and Remedies
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, Shoestory warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Shoestory further gives to the Buyer such implied warranties as cannot be excluded by law.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by Shoestory of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.