Terms of Service
soaceramics.com is a website fully owned by Kansons Donabe Sdn Bhd, which is based in Malaysia (Company Registration Number : 1408819-X) as a platform of marketing and trading.
The following describes the terms on which the Company offers you access to its services through soaceramics.com website.
Welcome to SOA Ceramics website.
Herein soaceramics.com website is known as “the Website”. By using the website including its related sites, contents, services and tools, you, as the user of The Website agree to the following terms and conditions, regardless of those available in any form that appeared in the Website, such as Hyperlinks, or with Kansons Donabe Sdn Bhd. and its affiliates, herein known as “Kansons” or the Company or we, and the general principles for the Website. If you have any questions, please refer to the Website ‘Contact Us’ section.
If you do not agree, please do not continue to access this site or any page thereof.
This Agreement is effective on 27th of September, 2018 for all users, and immediately upon acceptance by new users.
If you use the Website, 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. If you are under 18 years old, you may use this Website only with authorization from a parent or legal guardian.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion shall the administrative officer or the Company deem that such necessity arises from the reason provided above or in this User Agreement.
Using this Website
While using this Website, you will not :
- write, post or display in whatever manner through the Website with content or items in an inappropriate category or areas on our Website or services;
- violate any laws, third party rights, or our policies.
- use our Website or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
- manipulate the price of any item or interfere with any product listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to the Company;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems;
- transfer your account to another party without the Company’s consent;
- distribute or post spam, chain letters, pyramid schemes, advertisements, hyperlinks or any other form of distribution that does not fulfill marketing purpose of the Website;
- distribute viruses or any other technologies that may harm the Website, or the interests or property of any users of the Website;
- copy, modify, or distribute content from the Website and the company’s copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- use existing user accounts or create new user accounts in order to circumvent or avoid any limits, restrictions or constraints, holds or other policy consequences.
Violations of this policy may result in a range of actions, including:
- Order cancellation
- Limits placed on account privileges
- Account suspension / termination
- Criminal charges / claim for damages
- Further legal action shall the Company find necessary at the discretion of the Company.
Abusing The Website
We keep the Website and its services working properly and safe. If you find any issue, bugs, or offensive content or matter or any other events that could/had circumstances that violate this User Agreement Policy, please communicate with us and let us know.
Without limiting other remedies, we may limit, suspend, terminate our service and user accounts, prohibit access to our sites and any other relevant details, delay or remove posted content related, and take technical and legal steps to keep users off the sites if we think that they are creating problems or any possible legal liabilities, infringing the intellectual property rights of the Website, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at the Company’s discretion, suspend or terminate accounts of users who may be repeat infringes of intellectual property rights of the Website. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Purchase and Payment
You should carefully read the item detail page and review information such as price, option price, shipping charges, tax amount, import duty (if any), etc. and terms and conditions for sales before purchasing an item.
We take no responsibility and assume no liability for any loss or damages to buyer arising from shipping information and/or payer information entered by the buyer or wrong remittance by the buyer in connection with the payment for the items purchased. We reserve the right to check whether a buyer is duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
In the event of the country of the buyer is different from the country of The Website, the buyer is the importer of the process of transaction and delivery, and must comply to all laws and regulations of the country in which the buyer is receiving the goods from the Company. It is also buyer’s responsibility to ensure that the item can be legally/lawfully imported into the country that the buyer receiving the item from the Company. Such confirmation by the buyer should be made upon purchasing the item from the Website.
Buyers may also be subjected to import duties and taxes, which are levied once a shipment reaches the buyer’s country. In principle, additional charges for customs clearance must be borne by the buyer if not specified otherwise in the item detail page explicitly; the Company or the Website have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, please contact your local customs office for further information.
Your privacy is important to us, and we know you care how information about your order is used and shared. However, we would like our international buyers to be aware that cross-border shipments are subjected to opening and inspection by customs authorities.
Also, we may provide certain order, shipment, and product information, such as titles, weight, size dimensions or any other necessary information to our international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities require us to state the value of the purchased item directly on the package.
On receipt of the payment from the buyer, the Company will take necessary actions for delivery and should ship and notify buyer regarding to status of the item. through within the period of time given by the Company to the buyer from the date of purchase, where such information should be determined by the Company and communicated closely to the buyer. Unless specifically notified by The Company, the default delivery period should range from 3-14 working days.
The Company may at its option provide overseas delivery service and other services related to delivery in association with third-party service providers.
Cancellation and Return
Buyers may cancel purchases at any time before shipment. Once shipped, purchases will be subject to return process rather than cancellation process.
Buyers may request for return of purchased items at any time within 7 days from the date of receipt. With respect to return-related matters, relevant laws and regulations shall prevail over the terms and conditions suggested by sellers. The return product, must fulfill below conditions in order to be eligible for return:
-Product should be in original and salable condition.
-Purchase receipt must be shown.
Return costs shall be borne by the party attributable to the return request, such as:
- the buyer, where the return is due to his/her change of mind; and
- The Company, where the return is due to the defects in the item, delivery delay, delivery to wrong address or delivery of the wrong or different item
For overseas purchases, return attributable to the buyer may not be practically possible due to high return costs. We take no responsibility and assume no liability for such cases.
Once return item is received by the Company, an email or notification in either mail or phone call form shall be made to inform of receipt of returned item. And the Company should inspect and evaluate the product in order to determine condition of product fulfill requirement of return process. After the inspection and evaluation, the Company should notify the buyer of the outcome and facilitate refund process.
Upon completion of the cancellation or the return process, the Company shall refund by immediately canceling the credit card transaction authorization in case of payment by credit card or by depositing the amount paid by the buyer in the account of the buyer in case of payment by cash. Buyers may at any time request to withdraw from the account of the buyer and the request amount shall be remitted to the buyer’s bank account within 10 business days.
Late or missing refunds (if applicable)
In the event that the buyer found that refund is late or missing, the buyer should first check with bank to verify whether refund process is ongoing or being processed with banks. If the bank confirmed that no refund has been made by the Company, the buyer may contact email@example.com.
Only regular item(s) may be returned and refunded. Sale item shall not be liable for return and refund process.
The price of items and option items for is solely determined by the Company at its own discretion. The Company may wish to take into consideration all relevant factors, including, without limitation. As an example, Shipping Charge Fees, Taxes and other fees.
Unless specifically stated, the price of item do not include Shipping Charge. The final amount of the order shall stated in total with clear calculation and such amount shall be charged to buyers. In the event that sales tax, value-added tax, tariffs, etc is applicable, the amount is subjected to be added into the order sum calculation, being clearly displayed and included in the ‘Final Total’ upon payment checkout.
The Company shall ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. In the event that the Company discover an error in the price of any Products which the User has ordered, the Company shall inform the User of the error as soon as possible and provide the option of reconfirming the order at the correct price or cancelling it. If the Company are unable to contact the User, the Company has its right to cancel the order.
(a) Where applicable, prices are subject to tax, such 10% SST and the amount is in Malaysian ringgit currency. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can only pay using any of our payment partners listed on our homepage.
Rights for Promotions and Discount Activities
Buyers agree that the Company may at its discretion engage in promotional activities to induce sales by reducing, discounting price or refunding money, or in other ways. In no event, such adjustment will affect the originally determined charged amount payable to buyer.
For the purpose of promoting the sales of the items, the Company may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by or affiliates to the Company.
You may post reviews, comments, photos and other content given that such medium is made available in section provided in the Website; you may also submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, containing sensitive topics such as politics, religions or other ideology, or infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You are deemed to have granted the Company and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Third party organisation may, under permission of the Company to operate stores, provide services, sell products or list advertisement on this Website under situation that business relationship exists between the third party operating and the Company, and this site may link to sites of affiliated companies and certain other companies. The Company is not responsible for examining or evaluating, and does not warrant the products of such business or individual or the content of their web sites. The Company does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Our Website contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
For the avoidance of doubt, if the Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, The Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, the Company may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if The Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. The Company shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against The Company for such disclosure.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Legal ownership and warranties
We do not transfer legal ownership of items. In all cases, we consider that ownership of the item will be under buyer’s once item arrive at buyer’s location. We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, unless otherwise specified, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website and services.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS WEBSITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO THE USER “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS WEBSITE; HOWEVER, THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS THE USER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS WEBSITE IS SOLELY AT THE USER’S OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME USERS.
Limitation of Liability
THE USER SPECIFICALLY AGREES THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, SENSITIVE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE USER SPECIFICALLY AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE COMMUNICATION SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR TRANSACTION, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between the Company and any user of the Website.
Except as explicitly stated otherwise, any legal notices shall served on the Company. via the email address you provide to us during the registration process (in your case). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
Applicable Law and Jurisdiction
By visiting this Website, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and the Company.
The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against the Company arising out of, with respect to, or in connection with any disputes over this User Agreement and disputes between Users.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
For the avoidance of doubt, if the Company has reasonable grounds to believe that any User is in breach of any of the terms of this Agreement, The Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, The Company may disclose the User’s identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if The Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. The Company shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against The Company for such disclosure.”