GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE
This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of this website (www.tru-black.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
These Conditions may be modified from time to time as set out in clause 29. Please check these terms regularly as the current Conditions in force at the time of use and/or purchase on our website shall be binding on you. Any use of the website after such Conditions have been modified shall constitute your consent to such Conditions.
If you have any query regarding the Conditions or the Data Protection Policies, you may contact us by using the contact form.
The Contract (as defined below) may be executed, at your choice, in any of the languages in which the Conditions are available on this website.
2. OUR DETAILS
Sale of goods through this website is carried out under the name TRU BLACK by LUCO VISION SDN BHD, a company incorporated in Malaysia with registered address at LOT 10143, 2ND FLOOR, SECTION 64, JALAN KWONG LEE BANK, 93250, KUCHING, SARAWAK, MALAYSIA, with telephone number 082 528 115, registered with the Companies Commission of Malaysia, with Company Number 1258616 - W.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE
The information or personal details that you provide us shall be processed in accordance with the Data Protection Policies. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
4. USE OF OUR WEBSITE
When you use this website and place orders through it, you agree to:
- Use this website to make enquiries and legally valid orders only.
- Not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities.
If you do not provide us with all the information we need, you cannot place your order.
When you place an order on this website, you state that you are over the age of 18 and are legally eligible to enter into binding contracts.
5. SERVICE AVAILABILITY
Delivery service for the articles offered on this website is available in Malaysia only, unless stated otherwise.
6. FORMALISING THE CONTRACT
The information set out in the Conditions and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you must follow the online purchasing procedure and click on "Authorise payment" to submit the order. After doing so, you will receive an email from us confirming receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to purchase one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e‐mail that confirms that the item has been dispatched (the "Delivery Confirmation").
The contract for the purchase of an item between us (the "Contract") will only be formed when we send you the Delivery Confirmation.
The Contract will relate only to those items whose dispatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of those items has been confirmed in a separate Delivery Confirmation.
These Conditions and the Contract constitute a written agreement between us.
7. TECHNICAL MEANS TO CORRECT ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify them in the section "My Account".
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service, telephone or email address above to correct the error.
8. AVAILABILITY OF PRODUCTS
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
9. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
Notwithstanding Clause 8 above regarding product availability and except for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone.
If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make deliveries on Saturdays, Sundays or bank holidays.
For the purpose of these Conditions, the "delivery" shall be understood to have taken place or the order "delivered" as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the tracking status of the delivery service we have chosen to use: POS Malaysia or City-Link Express Malaysia.
11. INABILITY TO DELIVER
If it is impossible for us to deliver your order, your order will be returned to our warehouse.
Depending on the courier service we choose to use, POS Malaysia or City-Link Express Malaysia will contact you to organize delivery on another day.
If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us but by you, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract by your negligence, we will not return to you any payments received from you, including delivery charges.
Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.
12. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you (or a third party nominated by you) as outlined in Clause 10 above.
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), whichever is the later.
13. PRICE AND PAYMENT
The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Delivery Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
The prices on the website exclude delivery charges. Delivery charges will be added to the total price as indicated in our Shopping Guide.
Prices may change at any time.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in "My Account" area.
You may use, as payment method, the following cards: Visa and Mastercard.
To minimise the risk of non‐authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre‐authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time of check-out (or when you click purchase) from our website.
If your payment method is PayPal, the charge will be made when we confirm your order.
When you click "Authorise payment", you are confirming that the credit card is yours.
Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
14. BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non‐registered user.
15. EXPRESS CHECKOUT
The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the “Shopping Bag” section.
To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card details" option. This will result in the following card details being saved: card number, card holder name exactly as it appears on the card and card expiry date.
By agreeing to use Express Checkout, you authorize that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases.
You may save card information in Express Checkout for as many cards as you like, to do so must make at least one payment with each of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your "Favourite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favourite Card in the My Account section of this webpage.
To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Bag. A screen will immediately appear with the shipping, billing and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information, do not complete the purchase. To make purchases using different details please, do not use the Express Checkout service.
You may change your Favourite Card linked to Express Checkout in the My Account section of this webpage.
The provisions of this clause shall not apply if you buy goods as a guest.
16. EXCHANGE/RETURN POLICY
16.1 Contractual right of withdrawal
We grant you a period of 10 days from the date of delivery of the products to return the products (except those mentioned in Clause 16.2 below, for which the right to cancel is excluded).
Where you return the goods within the contractual term of the right of withdrawal, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed, you shall bear the direct cost of returning the goods.
You may exercise your contractual right of withdrawal in accordance with the provision of this clause. However, should you inform us about your intention of withdrawing from the Contract, you shall, in any case, hand the goods over to us within the 10 day term as from the Delivery Confirmation.
16.2 Common provisions
You shall not have the right to withdraw from the Contract when it is for the delivery of any of the following Products:
- Customised items
- Sealed goods without their original wrapping and tag.
- Sealed goods which are not suitable for return due to hygiene reasons and where unsealed after delivery.
The above provisions do not affect any rights that you may have under any applicable consumer laws.
Your right to cancel the Contract shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged, so take care of the products(s) while in your possession. Please return the products using or including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt that you received when the product was delivered. You will find a summary on exercising this cancellation right when you receive the order.
Upon cancellation, the respective products shall be returned as follows:
(i) Returns by Courier: When returning the product, you should contact us through our web form or by telephone at 082 528 115 to inform us before you ship the product back to us. You should send the product in its original packaging to: NO. 346, SUBLOT 9203, LORONG 9, SENG GOON GARDEN, TAMAN SPRINGFIELD, 93250, KUCHING, SARAWAK, MALAYSIA. If you have bought any goods as a guest, you may follow the same procedure.
You will be required to bear the cost of the return.
You can return the product directly to the address outlined on the receipt received on delivery of the product. We ask you to return the product without delay, together with the receipt to the address outlined on the receipt. The costs incurred in the return of the product are payable by you.
After examining the article, we will inform you of whether you have the right to reimbursement of the amounts paid. Delivery charges will not be reimbursed even when the right of withdrawal is exercised within the statutory period and all relevant goods are returned. The refund will be paid as soon as possible and, in all cases, within 14 days from the date on which you notified us of your intention to cancel.
Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back. The refund will always be paid using the same payment means you used to pay for your purchase.
You shall assume the cost and risks of returning the products to us, as indicated above.
If you have any questions, you can contact us on our contact form.
16.3 Returns of defective products
If you think that at the moment of delivery the product is not as stipulated in the Contract, you must contact us immediately on our contact form, providing the product details and the damage sustained; you can also call us on 082 528 115.
You must return the product to the address indicated on the receipt that you receive with the product when it was delivered.
We will carefully examine the returned product and will notify you by email within a reasonable period if the product may be exchanged or whether you have a right for a refund (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming that the refund or replacement of the product is going ahead.
If a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase.
The above is subject to any applicable local laws and all rights recognised in Malaysia legislation shall be, in any case, safeguarded.
17. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
- in case of death or personal harm caused by our negligence;
- in case of fraud or fraudulent deceit; or
- in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
- loss of income or sales;
- operating loss;
- loss of profits or contracts;
- loss of forecast savings;
- loss of data; and
- loss of business or management time.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties and conditions (express or implied), except those that may not be excluded legitimately.
18. INTELLECTUAL PROPERTY
You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. You may use said material only to the extent that we or the usage licencers authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.
19. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service.
Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co‐operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects you.
20. LINKS FROM OUR WEBSITE
If our website contains links to other websites and third‐party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
21. WRITTEN COMMUNICATION
Applicable regulations may require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.
The notifications that you send us must be sent preferably through our contact form. Pursuant to the provisions in Clause 22 above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.
It is understood that notifications will be received and acted upon as soon as they are posted on our website, three days after they have been sent by email or seven days after the postage date on any letter. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mail box; in the case of an email, that the notification was sent to the email address specified by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract is binding for both Parties, as well as for our respective successors, transferees and heirs. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained our written consent in advance.
We may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, you have as a consumer recognised by law or cancel, reduce or limit in any way the express and tacit warranties that we may have given you.
24. EVENTS BEYOND OUR CONTROL
We will not be liable for any non‐compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
- Strike, lockout or other forms of protest.
- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure.
25. WAIVING RIGHTS
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.
26. PARTIAL ANNULMENT
Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
27. ENTIRE CONTRACT
These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.
The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
28. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to review and modify these Conditions at any time.
29. APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the Malaysian laws.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non‐exclusive jurisdiction of the Malaysian courts.
If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.
30. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) Address: LUCO VISION SDN BHD, operating under the trading name of TRU BLACK, NO. 346, SUBLOT 9203, LORONG 9, SENG GOON GARDEN, TAMAN SPRINGFIELD, 93250, KUCHING, SARAWAK, MALAYSIA: I hereby give notice that I withdraw from my contract of sale of the following goods:
Ordered on/received on (*)
Name of consumer :
Address of consumer :
Signature of consumer (only for paper forms) :
(*) Delete as appropriate