Please read these terms and conditions carefully. By purchasing the products and using the services of this www.dreamworldmusic.com.my site (“Website”), you agree and acknowledge that you are aware and have read, understood and agree to be bound by the terms and conditions stated herein.
We, www.dreamworldmusic.com.my, reserve the rights to refuse access to this Website, terminate your account in accordance with these terms and conditions, change, remove or edit content and templates in respect of this Website, or cancel orders at our discretion. Except as otherwise provided in these terms and conditions, in the event we cancel a particular order and we have receive payment from you for such order, we will issue a refund after the deduction of any surcharges incurred to your account for the amount in question.
1.1 In these terms and conditions:
(a) “we”, “us” and “our” are a reference to www.dreamworldmusic.com.my
(b) “your” or “you” are a reference to the person or organisation placing the order;
(c) “products“ is a reference to the products offered on this Website;
(d) “services” is a reference to the services in relation to the products; and
(e) “order” is a reference to an order for the products.
2. Your Account
2.1 You acknowledge that all information you provide during registration is accurate, complete and truthful. You shall also be responsible to maintain the confidentiality of your account and password and accept all responsibility on any activity that occurs under your account.
2.2 You must immediately inform us and update your personal information should there be any changes to the information provided by you during registration. It is your responsibility to notify us of your relocation and you will be held accountable for products delivered to your old delivery address.
3. Formation of Contract
3.1 No contract for our supply of the products and services shall come into existence until your order has been accepted by us by way of issuance of a written delivery confirmation.
3.2 You further warrant that you are purchasing the products from this Website for your personal use only and not for resale purposes.
3.3 You acknowledge that the products are sold to you on the basis that you are a consumer therefore we will not be liable for any special losses that you might suffer using, redistributing or reselling the products as part of a business. You further acknowledge that you are aged eighteen (18) years and older and capable of forming a legally binding contract.
3.4 These terms and conditions shall override any contrary terms or conditions published by us or appearing on this Website in relation to any order placed by you with us.
4.1 The price at which you agree to purchase the products are the prices displayed on this Website.
4.2 The prices displayed on this Website are subject to change at any time without prior notice. Unless the products are mistakenly priced, you will be charged the prices as at the particular time you placed your order on this Website.
4.3 We shall make every effort to ensure that the prices displayed on this Website are correct as at the time you place your order. If the products are mistakenly priced, we will notify you of the correct price. Should you wish to proceed with the purchase of the product at the amended price, we shall process your order accordingly. Otherwise we will give you a refund on the amount paid for the order after the deduction of any surcharges incurred.
5.1 Payment for the products shall be made in full before we are able to process your order.
5.2 Except as otherwise provided in these terms and conditions, all payments made are not refundable in the event of any cancellation of any orders by you.
6.1 You may offer to purchase the products by submitting your order at the requested price, quantity, and specification on this Website.
6.2 Your order must contain your name, postal address, phone number, payment details and any other ordering information specified on this Website. You shall be responsible for ensuring the accuracy of the information supplied in the order submitted.
7. Cancellation due to error or unavailability
7.1 You acknowledge that unless and until we have issued a written delivery confirmation to you, we reserve the right to cancel your order if:
(a) despite our reasonable precautions, the products are listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or like oversight;
(b) we have insufficient stocks to deliver the products you have ordered;
(c) we do not deliver to your area.
7.2 Upon the occurrence of any of the events specified in Clause 7.1 above, we will issue a refund for the amount paid for the cancelled order after all the deduction of any surcharges incurred to your account. We will not be obliged to offer any additional compensation for any loss or damage incurred by you or for any disappointment suffered arising from such cancellation.
8.1 In addition to Clause 7, you acknowledge that your order is subject to the availability of the products.
8.2 In the event of nonavailability of products for orders, we will notify you of the same and you will have the option to either:
(a) wish to proceed with the purchase of the product and wait for the non-available products. In such event, we shall process your order accordingly:
(b) reject the differences between the specification of the products delivered to you and in such event, we will issue a refund for the amount paid for the nonavailable products after all the deduction of any surcharges incurred to your account.
9.1 Delivery of the products will be effected in the manner described on this Website. You acknowledge that your order is delivered by local delivery service providers as specified on this Website.
9.2 All products shall be delivered to the delivery address specified in your order. If there is no one at the delivery address, our local delivery service provider will leave notification of their visit and they will return your order to their storage facility. They will then arrange redelivery at a convenient time. In such event, they shall store and keep the products ordered until actual delivery to you and you shall be accordingly liable to pay them reasonable costs for delivery and storage fees. Alternatively, they will provide you with address where your order is stored for you to collect your order. Due to circumstances beyond our control on the delivery, should there be no one to collect the products at the delivery address during the time of the first delivery, we will not be liable for any damage or missing to the products.
9.3 While we make every effort to deliver the products within the agreed delivery time, we will not be liable if we fail or delay to do so in whole or in part due to circumstances beyond our control.
9.4 In addition to the aforesaid, we will not be liable for failure or delay in delivery where you have failed to give us adequate and accurate delivery instructions and in such event, we shall, without prejudice to any other right or remedy available, store and keep the products ordered until actual delivery to you and you shall be accordingly liable to pay us reasonable costs for re-delivery and storage fees.
10. Acceptance of Products
10.1 All orders must be signed for upon delivery by an adult aged eighteen (18) years and above, who shall acknowledge receipt of the order. If there is no one at the delivery address who is eighteen (18) years of age or over, the delivery service provider will leave notification of their visit and Clause 9.2 shall apply.
10.2 Upon delivery and acknowledgment of the products ordered, you are responsible to inspect each product and, as a result of the inspection, if:
(a) you are satisfied that the products conform with the order, you must sign and acknowledge receipt of the products in accordance with Clause 10.1 above;
(b) it is discovered that the products does not conform with the order, you are entitled to reject the same and we shall as soon as practicable either replace the order accordingly or issue a refund for the amount of the products which does not conform with the order after all deduction of any surcharges incurred to your account. Your aforesaid rights is subject to confirmation from our management in respect of any discrepancy in the products; or
(c) the products is not available, we shall as soon as practicable either replace the order accordingly or substitute the products with products of similar specification or value or issue a refund for the amount of the products which does not conform with the order after all deduction of any surcharges incurred to your account.
10.3 In no event will we be liable to you for any and all defects in the products if such defects are brought to your attention.
11.1 Risk shall pass on delivery of the products to the delivery address specified in your order.
12. Returns Policy
12.1 There shall be no refund or exchange of the products allowed after the inspection by you. Unless you notify us by email within seven (7) days of your receipt of the order, otherwise the products shall be deemed to have been accepted by you to be of satisfactory quality and in accordance with the specifications in your order.
13. Changes to these terms and conditions
13.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
13.2 In any event, we will make every effort to ensure that the terms and conditions for a particular order shall be similar to the terms and conditions at the time you place your order.
14.1 Nothing herein shall limit either party’s liability for death or personal injury or any loss of or damage to any property arising from negligence or by any breach of the contractual obligations arising out of these terms and conditions.
14.2 You shall fully indemnify us against any and all liability, claims, losses, cost arising out of any breach by you of these terms and conditions or by your use of this Website, or the use by any other person accessing this Website using your account or your personal information.
15.1 Access to this Website may be suspended or terminated at any time by us without notice in the following circumstances:
(a) we are legally required to do so;
(b) you are in breach any of the terms and conditions prescribed in this Website; or
(c) you are in contravention of any laws.
15.2 Our disclaimer will nevertheless survive any such termination.
16. Applicable Law
16.1 These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Malaysia.
17.1 In the event we detect any deception or fraudulent use of payment systems with the intention or effect of obtaining an advantage, avoiding an obligation or causing loss to another party, we shall not hesitate to take appropriate measures to prevent the same from occurring including but not limiting to reporting all suspected fraud to the appropriate authorities.
18.1 You agree that your access and use of this Website is at your sole risk. We make no warranty of any kind with respect to the information posted on this Website and disclaims all such representations and warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this Website. While we make every effort to ensure the accuracy of the current pictures of the products, accurate description or dimension information, this Website could include typographical errors and technical inaccuracies. Any and all of our liability howsoever arising from any such inaccuracies and errors is expressly excluded to the fullest extent permitted by law.
18.2 To the extent herein contained, this Website and all information, content, materials, and products included on or otherwise made available to you through this Website are provided on an “as is” and “as available” basis, unless otherwise specified in writing.
18.3 This Website is directed at Malaysian resident customers only. If you are not resident in Malaysia, DO NOT USE THIS WEBSITE. In such event, we reserve our right to refuse to supply our products and services to you without reason.
19. Limitation of Liability
19.1 Save and except for any loss or damage arising from our sole breach or negligence, we exclude any and all liability to you for any incidental, indirect, special or consequential losses, damages or expenses (including without limitation reliance loss, loss of profits, business or goodwill) howsoever arising out of or in connection with these terms and conditions and/or your use of this Website, even if we have been advised of their possibility. We shall not be liable to pay any money to you by way of compensation other than to refund you the amount paid by you for the products in question under Clause 10.2 (c) above.
19.2 Save and except for any loss or damage arising from our sole breach or negligence, we exclude any and all liability to you arising out of our supply of the products and services and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated time or date of delivery; any circumstances over which we have no control of the consequences and which we could not avoid by the exercise of reasonable care, or any and all indirect or unforeseeable loss or damage suffered or incurred by you or others. We shall have not be liable to pay any money to you by way of compensation other than to refund you the amount paid by you for the products in question under Clause 10.2 (c) above.
19.3 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by us shall be subject to correction without any liability on our part. Any and all our liability howsoever arising from any such inaccuracies and errors is expressly excluded to the fullest extent permitted by law.
19.4 We do not warrant that this Website; information, content, materials, or products included on or otherwise made available to you through this Website; their servers; or emails we send are free of viruses or other harmful components. You are responsible for all access to this Website using your Internet connection, even if access is by another person.
19.5 Save and except for any loss or damage arising from our sole breach or negligence, any and all our liability to you will not exceed the total price of the relevant order for the products which gave rise to such liability.
19.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our sole negligence.
20.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our support email – firstname.lastname@example.org and all notices from us to you will be displayed on this Website from time to time.
21. Events beyond our control
21.1 We shall not be responsible for any failure or delay to comply with obligations prescribed within these terms and conditions if the failure or delay arises from any cause which is beyond our reasonable control.
22.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these terms and conditions will not be affected.
23. Entire Agreement