Welcome to acehome.my and acehome.com.my websites (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Ace Home Store (002741981-K), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. Ace Home Store, a company incorporated in Malaysia under registration number 002741981-K.
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 website. 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 Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the manufacturers/ suppliers and are not made by us. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Ace Home Store for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Ace Home Store;
"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 Ace Home Store;
"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 Ace Home Store is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Ace Home Store” means Ace Home Store, a company incorporated in Malaysia under registration number 002741981-K..
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by Ace Home Store 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 Ace Home Store’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 Ace Home Store.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Ace Home Store in its website shall be subject to correction without any liability on the part of Ace Home Store.
2.5 Ace Home Store 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 Ace Home Store will only be completed upon Ace Home Store issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Ace Home Store 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. Ace Home Store shall furthermore be entitled to require the Buyer to furnish Ace Home Store with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Ace Home Store and on terms that the Buyer shall indemnify Ace Home Store in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Ace Home Store as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in Ace Home Store’s website at the time which the Buyer makes its offer purchase to Ace Home Store. 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 Ace Home Store 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 Ace Home Store’s website. The terms and conditions applicable to each type of payment, as contained in Ace Home Store’s website, shall be applicable to the Contract.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Ace Home Store 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 Ace Home Store shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If Ace Home Store 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 Ace Home Store, to demand performance within a specified time thereafter, which shall be at least 14 days. If Ace Home Store fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Ace Home Store’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
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 Ace Home Store 's fault) then without prejudice to any other right or remedy available to Ace Home Store, Ace Home Store may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 Terminate the Contract and claim damages.
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 Ace Home Store 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 Ace Home Store 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 Ace Home Store to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Ace Home Store 's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with Ace Home Store that the Buyer shall immediately notify Ace Home Store of any matter from time to time affecting Ace Home Store’s title to the Goods and the Buyer shall provide Ace Home Store with any information relating to the Goods as Ace Home Store may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) Ace Home Store shall be entitled at any time to demand the Buyer to deliver up the Goods to Ace Home Store and in the event of non-compliance Ace Home Store reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Ace Home Store but if the Buyer does so all moneys owing by the Buyer to Ace Home Store shall (without prejudice to any other right or remedy of Ace Home Store) forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.9 The Buyer shall indemnify Ace Home Store against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Ace Home Store 's rights under this condition.