Terms & Conditions

Terms & Conditions

Welcome to DCLARE.shop. This website is owned and operated by DCLARE MALAYSIA (D GLOBAL SDN. BHD., Company Registration No. 1456661-X (“DCLARE”, “us”, “our”, or “we”).

DCLARE’s products and services are made available to you through this website (collectively, the “Services”) in accordance with the following Terms of Use & Service and any other rules stated on our website (collectively, the “TOS”, “Terms”). Please read the TOS carefully before placing any orders on DCLARE.shop

 

General

1. By using the Services, you are agreeing to all of the Terms, which, together with the Privacy Policy, may be modified or updated by us from time to time without prior notice. You should check this page and our Privacy Policy regularly to take notice of any changes we may have made.
2. Your continued use of or access to the website following the updates of the TOS constitutes acceptance of those changes.
3. If you have any queries or comments about DCLARE or the Terms below, please contact us.

 

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Intellectual Property

DCLARE and the DCLARE logo are trademarks of D Global Sdn. Bhd. (“Trade Marks).” All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (“Content)” is owned by or licensed to D Global Sdn. Bhd. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of D Global Sdn. Bhd, or as permitted by law. All rights of D Global Sdn. Bhd. are reserved.

 

Terms of Sale

In order to contract with DCLARE, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. DCLARE retains the right to refuse any request made by you.

This site is intended solely for DCLARE to sell DCLARE products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of DCLARE product by someone who resells, or intends to resell, the DCLARE product to others (consumers, businesses or any third party).  If DCLARE believes you are involved in purchase for resale, DCLARE reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.  

Upon placing an order, you are offering to purchase a product subject to the Terms. All orders are subject to availability and confirmation of the order price.  Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. All orders are subject to acceptance by us.

Your order is accepted when it has been shipped by us and we have accepted payment from you. If we do not accept your order and payment has been successfully made, your payment will be fully refunded. You will receive confirmation from us when we have shipped your order. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

Your order is an irrevocable offer to buy the products. Thus, please check the order details and correct any possible errors before proceeding to purchase.  

 

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT:

Fulfillment of all orders on our site is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

• the product is not available / in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• we believe you are under the legal age;
• we believe that you are a reseller;
• there was an error in the price displayed on our website;
• we could not deliver to the address provided by you; or
• due to an Event Outside Our Control (see “Force Majeure”)

 

Pricing Policy

From time to time, prices are subject to change in response to various commercial factors. We reserve the right to modify or discontinue the Service (or any part or content thereof) without prior notice. The price applicable to your order will be the price current at the time your order is accepted.

Whilst we try and ensure that all details, descriptions and prices which appear on the Services are accurate, errors (including processing errors and errors in product availability) may occur. If we discover an error in the price or 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.

The prices on the website exclude delivery costs. Delivery costs will be charged; such additional charges will be clearly displayed, where applicable, and included in the 'Total Cost'.

 

Product Descriptions

We have made every effort to display as accurately as possible the colours and images of our products that appear on DCLARE. However, as computer monitors may vary, we cannot guarantee that your monitor's display of any colour will be completely accurate. As such, DCLARE does not warrant that product descriptions or other content of any DCLARE Services are accurate, complete, reliable, current, or error-free. If a product offered by DCLARE itself is not as described, your sole remedy is to return it in unused condition.

 

Payment

Upon receiving your order, DCLARE will hold your payment card information for standard pre-authorisations checks on your payment card or account to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisations check has been completed. Your card will be debited once the order has been accepted.

We take reasonable care to make our website secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered DCLARE user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, DCLARE uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy page. The Terms are subject to DCLARE’s Privacy Policy. By using the services, you agree to the Privacy Policy.

 

Return Policy

 

DCLARE does include exchange and refund in our return policy. For the full details of our return policy, please visit our Return Policy.

 

Third Party Links

From time to time, DCLARE may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”).  You may be able to connect with these Third Parties through the Platform, but this does not mean DCLARE endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies.  You should carefully review any Third Party’s sites and terms of use and privacy policy. DCLARE is not responsible for the content, policies, or activities of Third Parties and you interact with Third Parties at your own risk.

 

Risk of Loss

The title and risk of loss for products purchased from DCLARE pass to you upon our delivery to the carrier. Title of a product will not transfer until full payment has been received.

 

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Posting Content on DCLARE’s Platform

While we thank you for your presence and your continuous support to DLCARE, here are a few very important things:

1. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.”  DCLARE is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to DCLARE.
2. You represent that you have the right to post your User Content, and you grant DCLARE a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. DCLARE may, in its sole discretion, remove any User Content at any time.
3. Do not post User Content that contains software viruses, programs or other computer code, and do not circumvent or modify any Platform software or security technology.
4. Do not do anything that may expose DCLARE or its users to any type of harm, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform.
5. DCLARE reserves the right to block or suspend any user of its Services, and to modify or remove any material uploaded, posted, transmitted or otherwise made available through the Services by any user, without notice. DCLARE is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available through the Services by any person other than DCLARE. DCLARE does not endorse any opinion, advice or statement made by any person other than DCLARE.
6. Respect other users and do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws. DCLARE has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.

 

Force Majeure

When there is an event beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks, DCLARE holds no responsibility for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

 

Termination

DCLARE may terminate or modify our website, member program, product or service at any time without notice.

DCLARE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to DCLARE. If there is any dispute regarding the termination, DCLARE has the right to make the final decision. 

 

Disclaimer

By accessing the Services, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Services or by any Third-Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Services are hereby excluded. By accessing the Services, you agree to indemnify DCLARE for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Services.

 

Indemnification

You agree to indemnify, defend, and hold harmless DCLARE, its directors, employees and suppliers (the “DCLARE Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of our Services, your conduct in connection with our website or with other users of our Services, or any violation of these Terms, any law or the rights of any third party. You hereby fully and forever release and discharge the DCLARE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of our Services.

 

No Waiver

DCLARE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or DCLARE’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

 

Jurisdiction

The TOS are governed by the laws of Malaysia. If any provision contained these TOS is or becomes legally ineffective under the general law or by legislation, the ineffective provision will be severed from these TOS which otherwise continues to be valid and operative.

 

 Updated: 25th April 2022