Terms & Conditions
Terms & Conditions
The Terms & Conditions detailed below govern the contractual relationship between users / customers placing orders on our website(s), hereafter referred to as «You», and Jom Fiesta, registration # 002239933-P , hereafter referred to as «Jom Fiesta» or «We».
By submitting your order you agree fully and unreservedly to these Terms and Conditions. If you have any questions about these Terms & Conditions, please feel free to ask through the “Contact us” section of our website.
Products and Product Descriptions
The content of the pages of our website is for your general information and use only. It is subject to change without notice. Jom Fiesta attempts to be as accurate as possible. However, we do not warrant that any content of our website(s), including but not limited to product descriptions, is accurate, complete, reliable, current, or error-free. We shall not be held responsible for any inaccuracy of any information given. Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If you have placed an order for an item that has been made obsolete we will inform you as soon as possible and offer you an alternative if available.
We accept all domestic and international orders. In order to place an order, you must be at least 18 years of age and/or legally authorized to do so according to the laws of your respective country.
All orders have to be placed online on our website(s). We can’t accept orders placed by any other means. Once the order placed, you will receive an email confirmation for your order request. please retain the order confirmation email for future reference. If you have not received the email confirmation, please contact us to check if you have placed the order successfully.
Orders will only be deemed valid after confirmation / clearance of the full payment and written (i.e. email) order acceptance from our side. All valid orders are considered final, it is not possible to cancel an order once it is placed.
It is possible to pre-order items that are currently out of stock. Regardless of stock status, you will be notified on the product page of the indicative delivery time for a given product. Your order will be shipped as soon as the product becomes available.
Prices & Payment
All prices are displayed in Malaysian Ringgit (MYR), Singapore Dollars (SGD and United States Dollars (USD).
We accept payment by Paypal and credit card through Paypal in order to provide an optimal level of security and trust. In order to ensure secure payments, we offer the use of secure servers where information is protected by Secure Sockets Layer (SSL), the industry standard encryption technology.
If you are unable to use PayPal or credit card, we are also able to process payments by bank transfer. All payments by bank transfer must bear the related order number in order to be processed. Payment will be deemed accepted and the related order can only start being processed once we have sent you a written (i.e. e-mail) confirmation of payment received. If no bank transfer payment is received for more than 2 (two) working days after placing the order online, your order will be automatically cancelled and related products put up for sale again.
The price of the products are and exclusive of any tax, VAT, GST, and all costs or charges in relation to packaging, delivery and insurance. Before confirming your order and after having given your shipping address, you will be given an estimate of the packaging and delivery costs.
We are not liable for any additional costs, including but not limited to credit card commissions, foreign currency payment costs, exchange rate commissions, etc.
We reserve the right to change any product price at any time. While we try and ensure that all prices on our website(s) are accurate at any point in time, we can’t guarantee that errors will not occur. In the event of a pricing error in the products you have ordered, we will inform you prior to shipping and give you the options of reconfirming your order at the correct price or canceling your order.
Customs Clearance & Import Tax
Additional import charges levied by the customs office of your respective country, including but not limited to customs clearance costs, import duties, import taxes, etc. are to be borne by you. Some items are prohibited or restricted by some countries. It is your responsibility to contact the customs office of your respective country to obtain all relevant information before ordering. In the event of your package being seized by customs for any reason, we will not be liable for the non-delivery of your order and payment will not be refunded.
Delivery costs are based on your location and the estimated weight of your order. Though we strive to estimate weights as accurately as possible, we reserve the right to adjust the delivery costs prior to delivering your order, based on the actual weight. In case an additional shipping cost is due, it must be paid before delivery. In that case we will of course inform you in advance and you will have the option to cancel your order if you so wish.
All delivery times are indicative. We do our best to get all orders sent out as quickly as possible and keep order processing and shipping time to a minimum, but will accept no responsibility for any delay. In line with our shipping partners' policies, every shipment is transported on a limited liability basis on the terms stated herein. We shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery which is (a) beyond the reasonable control of our management; (b) resulting from Acts of God and (c) resulting from force majeure event including but not limited to severe weather, fire and flood, war, rebellion, sabotage, riot, terrorism, strike or industrial dispute of whatsoever nature, act or omission of local or overseas public authority and changes in applicable law, disruption of air or ground network, mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity). We shall not be liable for any losses and damages caused by any fraud, willful acts, reckless acts, acts, omissions, gross negligence of any person (including our employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be liable for any such action or omission for which our management and our partners' management has exercised reasonable diligence.
Packages that are refused upon delivery, or not accepted from the designated carrier and shipped back to us, are subject to additional shipping cost for re-delivery plus a return processing fee of MYR 20.00.
You are welcome to exchange a product for a similar product of a different size, subject to availability. The exchange item must be returned in its original packaging, with all its contents. If the product and original packaging are not in perfect and unused condition, the item will not be exchanged. All shipping fees for exchange items are to be borne by you. Clearance, sale, promotional or discounted products, as well as products benefitting from voucher discounts are neither returnable nor exchangeable.
In case of defective products, this exchange policy shall apply, with the addition that the item has to be returned to us within 7 (seven) days.
Jom Fiesta collects information from you in order to provide a high level of service and a great customer experience. At the same time, we are committed to protecting your privacy. By submitting information to us, you consent to the collection and use of this information by us and our partners. Your information will not be given away, sold, or shared except in pursuit of fulfilling your order or any of our services.
In addition, we may use technology to track the patterns of behavior of visitors to our website(s). You can check the information that we hold about you by emailing us. If you find any inaccuracies you can request for a rectification or deletion that we will proceed promptly.
If you use our websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Unauthorized use of this website(s) may give rise to a claim for damages and/or be a criminal offence.
Jom Fiesta does sell products for children, but we sell them to adults. If you are under 18 or the legal majority in your country, you may use our website(s) only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Limitation of Liability
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials and products found or offered on our website(s) for any particular purpose. Your use of any information or materials on our website(s) is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website(s) meet your specific requirements. We shall not be responsible for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to your access and use of our website(s) and of products sold on our website(s). For all stages from access to our website(s) to placing an order and delivering items or any other service, we will only exercise due care. We cannot be held responsible for any inconvenience or damages arising from the use of the Internet and outside the diligence and precautions taken by us. In particular, we cannot be held responsible for any disruption in provision of the service, or any external intrusion or presence of a computer virus.
Intellectual Property, Trademarks, Copyrights
All content included on our website(s), such as text, graphics, logos, button icons, images, multimedia content, digital downloads, data compilations, and software, is the property of Jom Fiesta or its content suppliers, and may be protected by international copyright laws.
All intellectual property rights (including all copyright, patents, registered or unregistered trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements, whether registered or unregistered) in our website(s), information displayed on our website(s), any database operated by us and all our website(s) design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property or that of our suppliers and partners. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
None of the material listed in our website(s) may be reproduced, redistributed, copied, distributed, adapted, broadcasted, shown or played in public in any way, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. Jom Fiesta grants you the right to retrieve and display the content of the Website on a personal computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, resale, copy or distribute, use data mining, robots or similar data gathering and extraction tools, or use for commercial purposes any of the materials or content on our website(s) without our express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our website(s) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray Jom Fiesta, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without our express written permission.
From time to time, our website(s) may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those websites. We have no responsibility for the content of any linked websites.
By ordering on our website(s) you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Jom Fiesta.