The following Terms and Conditions (“T&C”) shall apply to the purchase of Goods and/or delivery of samples from Niro Ceramic Sales & Services (M) Sdn. Bhd. (“the Company”) by you (“the Customer”) via the Company’s website to the exclusion of all other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or any other similar document.
Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any Goods or samples from the Company’s website. You should print a copy of these Terms and Conditions for future reference.
These conditions shall not be varied except by the agreement in writing of the Company.
- ‘Goods’ means the Goods, tiles, sanitary wares, or other products which the Customer orders from the Company.
- ‘Price’ means the price for the Goods excluding (where applicable) delivery charges, packing and insurance.
- Description of Goods
- All descriptions, specifications and advertising on the Company website are for the purposes of giving an impression of the Goods only and cannot be relied upon for selecting a purchase. Any typographical, clerical or other error of omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on behalf of the Company.
1.2 The Company operates a sample policy (for tiles only) as set out below to assist the Customer.
1.3 The Company work hard to achieve as close colour accuracy as possible in photographic material, however it is impossible to ensure total accuracy. A tile sample is always advised.
1.4 Goods are subject to shade variations within the manufacturing process. The Company cannot guarantee to match shades of previous orders (including tile sample orders).
- Ordering and Supply of Goods
2.1 All base tiles are sold in cartons and accessories tiles are sold in pieces.
2.2 (Applicable for tiles only) As the number of tiles per square meter or per square feet is nominal, the Customer will be responsible for ensuring sufficient quantity of Goods are ordered to cover the required area. Customer is advised to add in minimum 10% tiles for wastages.
2.3 Orders are accepted and promises for delivery are given conditionally upon the Company being able to secure the necessary material. The Company cannot be held responsible for delays arising from risks and uncertainties of stocking, manufacture, strike, accidents or other causes beyond the Company’s control.
2.4 The Company cannot, under any circumstances, entertain any financial demand from the Customer for late or incorrect delivery. The Company always recommends that the Customer never book a tile installer until the Customer has the Goods delivered.
2.5 The Company will not however be responsible for compensating the Customer for any other losses that the Customer may suffer if the Company are unable to supply the Goods for any reason.
- Samples (Applicable for Tiles only)
3.1 Free samples are supplied for the standard collection for the size of 100x100mm.
3.2 Delivery or postage of samples will depend upon the rate based on location.
3.3 If more than one (1) sample of the same tile item code is ordered, the Company reserves the right to send only one (1) sample of that tile in the delivery.
3.4 For any of the mosaic or decorative tile, the Company will not provide any sample and if the Customer needs a sample, the Customer may order and pay for them at the normal price as indicated in the website.
3.5 Because samples are cut to order they are not refundable.
- Incorrect/Defect/Broken Items
4.1 The Customer must ensure that all Goods are within satisfaction before installation. Claims for incorrect, wrong colour or shade or defect Goods that have been installed or otherwise used will not be considered.
4.2 Incorrect/defect/broken items must be noted at the time of delivery and documented on the driver’s paperwork (proof of delivery) and the Customer should notify us within three (3) days. The Company may ask for photographic evidence and\or arrange return of the defect items. Failing which to notify us within three (3) days, the Company shall disregard the incorrect/defect/broken items and will not be liable for any losses.
4.3 Any cancellations or refunds will be subject to the Company standard returns policy.
5.1 Goods will only be dispatched once full payment has been processed.
5.2 Payment methods acceptable are credit card or debit card, cheque, cash (on hand or bank in) and other accepted online payments.
6.1 The Customer becomes the owner of the Goods once paid for and delivered. Goods will be held at the Customer own risk. The Company will not be liable for their loss or destruction once risk has passed.
6.2 The Company must be notified of any transit damage to the Goods, shortage, or incorrect Goods supplied within three (3) days with full details containing the product codes, quantity and defect condition.
6.3 The Company will only deliver to the address on the order and Goods will not be left without a signature.
6.4 If no-one is available to sign for the delivery, the order will be delivered at another time with any extra costs to be borne by the Customer.
6.5 To the extent permitted by applicable laws, liability of the Company for direct loss and damages arising from the defective condition of any of the Goods supplied will not exceed the contract value of the Goods in respect of which the complaint is made, where such defects could not have been reasonably prevented by the Company.
6.6 To the extent permitted by applicable law, the Company will not be liable for any loss, damage, action, claims and liabilities whatsoever, including, without limitation, special, indirect, consequential damages or loss of revenue, howsoever arising in connection with the sale of Goods whether in contract, tort (including negligence of any nature and whether sole or concurrent) or otherwise, even if the Company has been advised of the possibility of such damage or loss.
6.7 Where any valid claim in respect of any defect in the quality or condition of the Goods, or their failure to meet specification is notified to the Company, in accordance with the Terms & Conditions herein, the Customer is entitled to request for a replacement of the Goods or part of the Goods, and in the event the Company is unable to replace the Goods for whatsoever reason, the Company will refund the price of the Goods or a proportionate part of the price to the Customer. Where the claim was made in relation to any defect which could not have reasonably been prevented by the Company, the Company bears no further liability to the Customer after making the appropriate replacement or refund.
6.8 To the extent permitted by applicable law, the Company also disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
6.9 To the extent permitted by applicable law, the Customer agrees that, in agreeing to this Terms & Conditions, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in this Terms & Conditions or (if it did rely on any representations, whether written or oral, not expressly set out in this Terms & Conditions) that it shall have no remedy in respect of such representations and (in either case) the Company shall have no liability in any circumstances otherwise than in accordance with the express terms of this Terms & Conditions.
- Cancellation Policy and Exchange & Return Policy
The Cancellation Policy and Exchange & Return Policy will be applicable to the Customer’s purchase of the Goods.
If any provision or part-provision of this Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Terms and Conditions.
- Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia.
1.1 Goods delivered to or collected by the customer are non-refundable and exchangeable. All goods must be checked by the customer and/or authorized recipient upon receipt of delivery of the same.
- Return and Exchange of Goods
2.1 The customer may return defect items where such defect is caused by the manufacturer and obtain a like for like replacement of the item. If the said item is unavailable, the customer is allowed to exchange the item for a different item of the same or similar value.
2.2 The customer should notify the company of the exact quantity of goods which is missing from the delivery (if any) and/or the extent of the defect to the goods within three (3) days from the delivery date.
2.3 The Terms and Conditions in this Clause 2 shall be considered null and void where:-
(a) the customer fails to provide notification as required in clause 2.2 to the Company;
(b) the customer fails to provide the defect goods to the Company in exchange if requested. All defect and/or broken goods have to be inspected by the Company’s employees prior to any exchange of the goods if requested.
3.1 Should the customer not be satisfied with the return and exchange of the defect goods; the customer is allowed to request for a refund of the value of the defect goods.
3.2 The refund should be the value of the defect goods.
- Amended Orders
4.1 Cancellation is not allowed once payment has been made.
4.2 The customer may amend any order up to seven (7) days before the requested delivery date.
4.3 Should there be any changes to delivery less than seven (7) days from the requested delivery date, RM100 will be charged to the customer for rescheduling.