These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Desa Home Theatre Sdn. Bhd. ("Desa Home") and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from desahome.com ("Website"). By placing an order for Goods from Desa Home, you are agreed to and accepted these Terms and Conditions.
These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods. Please read the following terms and conditions carefully before using this Website or opening account with Desa Home Online so that you are aware of your obligations and rights.
If you do not accept these Terms and Conditions, you must refrain from using this Website.
In these Terms and Conditions: -
"Account” means a personal account created by you (including individual, enterprise, corporate, sole proprietor, partnership, etc.) on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed to reserve a product that is not in stock at the time the Order is placed;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and
“Website” and "Desa Home Online" mean desahome.com
2. USE OF DESA HOME ONLINE
Use of Desa Home Online is limited to parties that can lawfully enter into and form contracts under the laws of Malaysia. You shall not misuse Desa Home Online. You may use Desa Home Online only as permitted by applicable Regulations. You must not use Desa Home Online:
(i) in any way that causes, or is likely to cause, Desa Home Online, or any access to it, to be interrupted, damaged or impaired in any way;
(ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or
(iii) to cause annoyance, inconvenience or anxiety. The licences granted by Desa Home under these Conditions will be terminated if you do not comply with these Conditions and any other terms. We reserve the right of refusal to provide any service, terminate or remove your account if you are in breach of any applicable regulations, the Conditions or other terms.
3. PRICING AND TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 Desa Home reserves the rights to change the prices of Goods at any time without any prior notice to you.
3.3 In addition to the price for the Goods, you also need to pay the advertised delivery charge and installation charge (if any).
3.4 Delivery charges are only delivery to Peninsular Malaysia only.
3.5 By placing an Order with us via Desa Home Online, you agree to pay the price for the Goods, Delivery Charge (if any), and Installation charges (if any), except for the self pick-up or self-collect Goods.
3.6 All prices are quoted in Ringgit Malaysia.
3.7 All delivery charges do not include disposal charges.
4. DESA HOME MEMBERSHIP
4.1 Please ensure that you enter all information carefully and accurately when creating an Account. You warrant to Desa Home that all information provided by you in relation to your Account is complete, true and accurate.
4.2 All eCashback issued by Desa Home can only be used at Desa Home e-commerce and in-house.
4.3 eCashback mechanics will be updated at the management’s discretion.
4.4 You must notify Desa Home immediately if you become aware or suspect of any actual or potential unauthorised use of your Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Malaysia Consumer Law), Desa Home will not be liable to you, or any other person, for any loss, damages, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Desa Home, whether due to negligence or otherwise.
4.6 Desa Home shall not be liable for any loss, deterioration, damage, cost or expense resulting in your act of changing accounts, including authorise use of password and/or account.
5.1 You can place an Order by following the instructions on Desa Home website.
5.2 An order submitted by you is a consent and commitment of you to purchase the Goods for the Price plus the Delivery Charge (if any) and Installation Charge (if any) as shown on the Website at the time of submission of your Order. Desa Home may accept or reject your purchase in its absolute discretion.
5.3 Each Order that you place will, if accepted by Desa Home, be a separate and binding agreement between you and Desa Home with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Desa Home with their personal information and, by placing an Order, you also confirm to Desa Home that you have done so.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Desa Home that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Order may not be able to be changed or cancelled once Desa Home has accepted the Order. Desa Home will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that Desa Home will be able to do this.
5.7 Except to the extent otherwise required by law, Desa Home will not be liable to you, or any other person, for any loss, damages, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Desa Home, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 When you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. Desa Home is not able to consolidate the separate Orders into one delivery.
5.9 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.10 The internet can be an unstable, and sometimes insecure. At times of order, the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed. In this circumstances, please contact Desa Home to confirm your order.
5.11 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12 Except to the extent otherwise required by law, Desa Home will not be liable to you, or any other person, for any loss, damages, cost or expense arising out of or in connection with you accessing the Desa Home Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER/PAYMENT
6.1 When you submit an Order you will receive an Order reference number via email.
6.2 Desa Home will process payment for your Order when, or shortly after, you placed your Order. Your Order is deemed to be accepted by Desa Home when Desa Home does this, however Desa Home may, in certain circumstances, cancel your Order after acceptance as set out in these Terms and Conditions. In the event that Desa Home cancels your Order having already processed payment, Desa Home will refund you with full payment. This Section 6.2 does not apply for Pre-Orders, which you are paying for by credit card. For Pre-Order, please refer to clause 6.3.
6.3 If you are paying for a Pre-Order by credit card, Desa Home will take full payment. If the Pre-Order item is not available, Desa Home will refund payment in full.
6.4 When Desa Home accepts an Order it represents an agreement by Desa Home to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.5 You must pay for Goods by credit card (Visa or Mastercard) and/or by Desa Home eCashback via members’ eCashback. By providing your credit card/payment card/gift card you authorise Desa Home to deduct the price and the applicable delivery charge(s) from such card.
6.6 Desa Home reserves the right to change the payment methods that can be used for Order at any time in its absolute discretion.
6.7 Desa Home may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Desa Home reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.8 Goods that you ordered will not be dispatched to you until your payment for the Goods has been cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6.9 Delivery charges and installation charges are non-refundable .
6.10 In the event that there is a manufacturing defect or Desa Home's team had shipped an item that does not match the agreed model no (e.g. wrong size, colour n etc), you have up to 7 days to return the goods. For these cases, Desa Home will bear the return shipping fee.
6.11 Desa Home will not hesitate to take legal actions in the case of the following: (a) Users attempt to change, add to, remove, deface, hack or otherwise interfere with the Desa Home Online or any material or content displayed on the Website; (b) Users access or use the Website in any way that could or is intended to damage or impair the Website, or any server or network underlying the Website, or interfere with anyone else's use and enjoyment of the Website. (c) Fraudulent use of credit card. Liability for any fraudulent use of credit card will be on the user and the onus to prove otherwise shall be exclusively on the user. Desa Home reserves the right to terminate the services or part thereof, with or without cause at any time. We shall not be liable for any damages, losses, cost or expenses howsoever caused by arising out of termination of any part of the services, to you or any other individual. This termination may apply to the voiding of the sale of all products on the Website, regardless of whether payment has been made (in which case the payment shall be refunded to the customer or the issue resolved on a case-by-case basis). The cancelling, blocking or denying of a sale or purchase can be effectuated in the event of suspected fraud, hacking or technical or server complications.
7. CANCELLATION OF ORDERS
7.1 Desa Home reserves the rights to cancel, at any time before delivery and for whatever reason, an Order that it has previously been accepted.
7.2 When Desa Home cancels your Order after acceptance, it will send you an email for notifying you of the cancellation.
7.3 Any request for cancellation of order after the goods has been shipped out will not be entertained.
7.4 If you discover that you have made a mistake with your Order after you have submitted it, please contact Desa Home immediately or not later than 24 hours from the time of order.
7.5 In the event of Desa Home or you cancel your Order after payment has been processed, Desa Home will refund any money paid in respect of that Order.
7.6 Except to the extent otherwise required by the regulations as expressly set out in these terms and conditions, Desa Home will not be liable to you, or any other person, for any loss, damages, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS
As Desa Home is dependent upon its Suppliers to supply Goods, Desa Home cannot guarantee availability of the Goods at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Desa Home reserves the right to withdraw or suspend or cancel from sale any Goods displayed on the Website, either temporarily or permanently, at any time without any prior notice to you. Except to the extent otherwise required by law, Desa Home will not be liable to you, or any other person, for any loss, damages, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.1 Risk and title of Goods is passed to you on the date and time of delivery of the
Goods and to the delivery address provided in your Order.
9.2 Goods will only be delivered within Peninsular Malaysia only .
9.3 The coverage area are limited to our delivery partners' service available location only and may change from time to time without any prior notice to you.
9.4 Desa Home reserves the rights to cancel in the event where Desa Home is unable to deliver the Goods to the said area and will make a full refund to you if the situation arise.
9.5 Delivery will be available within Klang Valley for large items subjected to the availability of transporter.
9.6 If you are within Klang Valley, you may choose to pick up the Goods from our store or arrange for installation by Desa Home. You may contact Desa Home for installation.
9.7 You may opt for self-collection of Goods ordered, at Desa Home Theatre Sdn Bhd's store (Anchor Tenant, First Floor, Kompleks Desa, Jalan Kepong, 52100 Kuala Lumpur, Wilayah Persekutuan).
9.8 Delivery charges does not include installation. Installation cost and any other third party costs/charges apply separately.
9.9 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.10 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Desa Home may charge you a reasonable fee for doing this.
9.11 For all products stock will be labelled on the Website as either: “In Stock”, “Awaiting Stock” or “Special Order”: • In Stock - Desa Home aims to have the Goods be dispatched to you within 5 business days (some goods will be dispatched significantly quicker than this). • Awaiting Stock – the Goods required to be ordered from the supplier or transferred from another outlet/branch/store of Desa Home. Desa Home aims to have the Goods be dispatched to you within 5-15 business days. • Special Order - the Goods required to be ordered from the supplier upon Order placed • If we are unable to fulfil your order, you will be offered an alternative or given a refund for the unavailable product.
9.12 Air Conditioning products: • Prices stated are applicable for standard installation only. • Additional charges may apply for private properties due to the size of the house/building, complications of pipe run.* • *Please arrange for a site
9.13 HiFi products: • Prices include only basic installation, and exclude the running of cables and hanging /mounting of speakers.
10. PICK UP OF GOODS IN STORE
10.1 Many Goods can be picked up from Desa Home store at Kompleks Desa rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.
10.2 Only the relevant Desa Home Account holder may pick-up in-store Goods ordered on that Account.
10.3 If you choose to pick up your Order in store, you have the following two options: • “Same day” - Goods ordered before 3 pm on a business day should be available for pick up in store after 3 pm on the same business day and Goods ordered after 3 pm on a business day should be available for pick up in store on the next business day; or • “Next Day” - Goods ordered before 3 pm on a business day should be available for pick up in store the next business day and Goods ordered after 3 pm on a business day should be available for pick up in store the business day after the next business day.
10.4 When picking up Goods in store: (a) you must provide identification document with photo (identification card, current drivers license, passport or Keypass) to store staff verifying that you are the purchaser. If requested, you must allow Desa Home to take a copy of this identification for fraud prevention and record keeping purposes. Desa Home warrants that it will not use the documents for any other purpose, disclose, display or furnish to any person other than the directors, employees, officers, legal representative and authorised agents of Desa Home; (b) store staff will also check/verify your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods; (c) you will also need to bring the hardcopy of the email that Desa Home sent to you confirming that the stock is available/ready for pick-up; and (d) store staff have the right to refuse collection of Goods if you cannot or not willing to satisfy the above requirements. In the event that you are not the purchaser, Desa Home will contact the person who placed the Order through the details provided on the Website.
10.5 In respect of the estimated time for collection, “same day” or “next day” stated on the Website refer to weekdays and exclude weekends.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
You agree, acknowledge and consent that: (a)Desa Home does not guarantee the delivery or availability of Goods; (b) any events outside Desa Home’s control may cause delays, or in some circumstances, prevent or restricted your Goods from being delivered or available for pick-up in store; (c) delays are particularly likely to occur around some seasons like Christmas, Easter and public holidays; and (d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law, neither Desa Home nor any of its agents will be liable to you, or any other person, for any loss, damages, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. REFUNDS OF YOUR MONEY
12.1 Where Desa Home is obliged to refund your payment pursuant to these Terms and Conditions, Desa Home aims to initiate your refund within 30 days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
12.2 Except to the extent otherwise required by law, Desa Home will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13. RETURNS/FAULTY OR DAMAGED GOODS
13.1 You should check your Goods as soon as they are delivered to you to ensure that: (a) the Goods are in order and according to you order placed; and (b) they are not damaged or faulty. If this is not the case you should contact Desa Home as soon as possible.
13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Desa Home’s Goods Return Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Desa Home store, you can contact us directly.
13.3 When returning the Goods: (a) please provide Desa Home with your proof of purchase; (b) you are required, at best endeavours, to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. It is better to use the original packaging to pack the Goods if it is possible in order to avoid causing any damage to the Goods during transit.
13.4 You are not entitled to any refund or exchange merely for the or due to damage or faulty on the packaging. The purpose of the packaging is to protect the Goods themselves.
14. MORE INFORMATION ABOUT DESA HOME LIABILITY TO YOU
To the full extent of law and permitted by law, Desa Home is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account with Desa Home.
16.1 Desa Home reserves the right to amend these Terms and Conditions at any time without any prior notice. Any amendment will take effect from the time it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
16.2 Any provision or clauses in these Terms and Conditions which is invalid or unenforceable in any jurisdiction by itself should be read in conjunction with other clauses for the purpose of that jurisdiction or clauses, if possible, so as to be valid and enforceable, without affecting the validity of the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction or clauses.
16.3 These Terms and Conditions are governed by the laws of Malaysia.