By accessing the Platform, you agree or are deemed to have agreed to be bound by the Kitchen711 Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Kitchen711 Terms and Conditions, please do not access and/or use the Platform.
We reserve all rights to change, modify, add, or remove these or any of these terms and conditions at any time without prior notice. Such changes will take effect when posted on the Platform with no other notices provided (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use the Platform and your continued use of the Platform shall signify your acceptance to be bound by the latest terms and conditions.
If you are not the original account user, please be assured that you are the authorised person to represent on behalf.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Platform, subject to the Kitchen711 Terms and Conditions, for the purpose of shopping for the products sold on the Platform. Any breach of the Kitchen711 Terms and Conditions shall result in the immediate revocation of the license granted herein without notice to you.
When you access this site, you acknowledge that you have read and agree to the Kitchen711 Terms and Conditions. If you do not agree to the terms discussed here, you should exit the site and refrain from placing any order. These terms and conditions of use shall form a legal agreement between us and describe the terms and conditions applicable to your use of the Platform and the services we offer including the sale of products to you. You must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on the Platform or other links referred to in this agreement, as they may contain further terms and conditions that apply to you.
While we and the manufacturers endeavour to provide an accurate description of the products and services, neither we nor the manufacturers warrant that the description is accurate, current and free from error.
Where a buyer has placed an order on the Platform for the purchase of any products sold by Kitchen711 and Kitchen711 has accepted the same, this shall constitute a contract entered into directly between the buyer and Kitchen711 for the sale and purchase of the said products. For the avoidance of doubt, Kitchen711 shall reserve all rights to decline, to process or to accept any order received from or through the Platform in its absolute discretion.
ORDER ACCEPTANCE AND PRICING
All orders submitted by you are subject to acceptance by Kitchen711. Kitchen711 is entitled to refuse or to accept an order at all times without providing any reasons whatsoever and with no liability to you or any third parties. If Kitchen711 does not confirm acceptance of your order within ten (10) working days, it is deemed to have been refused.
Non-acceptance of an order may be a result of one of the following:
- The product that you have ordered is currently unavailable/ not in stock. When this happens, an email will be sent to you, please see BACK ORDERS
- Our inability to obtain authorization for your payment
- The identification of a pricing or product description error
For the avoidance of doubt, the risk of damage to or loss of the product shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the product, the time when we have tendered delivery of the product.
Occasionally, one of the products you have ordered may be out of stock. If this happens, you will always be emailed with the option for you to cancel your order or change your order should you prefer not to wait. You must therefore provide us with your e-mail address when ordering. If you decide to wait for an order, please be aware that you may have to wait longer than the delivery schedule times provide in Delivery & Shipping, and Kitchen711 shall be under no liability for any delay or failure to deliver the products within the estimated timescale.
All products shown on the Platform are subject to availability. This means that, although we strive to ensure the Platform reflects the actual availability of stock, a product shown on the Platform may sometimes no longer be available for purchase.
Minor differences in colour and other variations in product are possible as a result of different image acquisition, display technologies or other technical reasons. Kitchen711 is not liable for these variations and deviations.
We may also reserve the right to make changes to any products offered at Kitchen711, or to the applicable prices for any such products, at any time, without notice.
DELIVERIES OF PRODUCTS
Please read the Kitchen711 Delivery & Shipping, which is provided in Delivery & Shipping. The Platform is only for delivery of products to customers in Malaysia. All orders that you place on the Platform will be subject to acceptance in accordance with the terms and conditions herein provided. You shall ensure that the information provided by you to us in your order is accurate and complete, failing which may cause the delay in delivery of the products.
Delivery charges and estimated timescale are specified in the Delivery & Shipping. We make every effort to deliver products within the estimated timescale, however delays are occasionally inevitable due to unforeseen factors and/or circumstances. Kitchen 711 shall be under no liability for any delay or failure to deliver the products within estimated timescale.
The risk of loss and damage of products will be passed to you on the date when the products are delivered or on the date of first attempted delivery by us.
We take payment from your card at the time we receive your order. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible.
The price you pay is the price displayed on the Platform at the time we receive your order.
We endeavours to ensure that the prices displayed on the Platform is accurate, current and free from error. In the event that, after the order has been made, we discover an error in the price of any products displayed on the Platform, we will notify you as soon as possible by email for the revised price of the product. You shall within seven (7) days from the date of the email reply to us whether you wish to proceed your order with a revised price or to cancel the order. In the event that, we do not receive any reply from you after seven (7) days, the order shall be deemed to be cancelled. In the event that the payment has been made by you, and the order has been cancelled, please contact [email protected] to request for refund.
The title, rights and ownership to any products you ordered on the Platform shall be passed to you upon the delivery of the products.
If any excess payment was made to us to us, please contact [email protected] to request for refund of the excess payment.
If any of the aforementioned terms are held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable terms will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect;
Kitchen 711’s failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by Kitchen711 of any provision or any right it has to enforce these terms, nor shall any course of conduct between Kitchen711 and you or any other party be deemed to modify any provision of these terms.
CONTENT ON THE PLATFORM
All of the content featured or displayed on the Platform, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Kitchen711, its affiliated companies, its licensors or its content providers. All elements of the Platform including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with no portion or element of the Platform or its Content may be copied or retransmitted via any means. The Platform, its Content and all related rights shall remain the exclusive property of Kitchen711, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
DISCLAIMER OF WARRANTIES
The information on the Platform is for general information purposes only and does not constitute advice.
Kitchen711 does not represent or warrant that the information and/or facilities contained in the Platform are accurate, complete or current, or that the Platform or the server that makes the Platform available are free of viruses or any other harmful components. Further, Kitchen711 will not provide for specific IT infrastructure or connectivity. Thus Kitchen711 cannot represent or warrant that the Platform will be uninterrupted or error free. Kitchen711 does not make any warranties or representations regarding the use of the Content on the Platform in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
Your use of the Platform is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Kitchen711 limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of products, the repair or replacement of the relevant products or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law neither Kitchen711 nor any of their employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering the Platform or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, the Platform or Content or any other material or product provided to you via the Platform, including damage caused by viruses or any incorrectness or incompleteness of the information on this Kitchen711, or relating to the performance of the products obtained via the Platform or otherwise arising out of or in connection with the Platform or the Terms and Conditions, even if Kitchen711 has been advised of the possibility of any such loss or damage.
COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Kitchen711, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Platform, you are authorised to view, play, print and download Content found on the Platform for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Kitchen711. For purposes of these terms, the use of any such Content on any other platform or networked computer environment is prohibited.
All trademarks, service marks, logos and trade names which appear on products of Kitchen711, product packaging and/or on the Platform, whether registered or not (the “Trade Marks”) remain the exclusive property of Kitchen711, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without Kitchen711’s prior written consent. The use of any of the Trade Marks on any other Platform or network computer environment, for example the storage or reproduction of (a part of) the Platform in any external internet platform or the creation of links, hypertext, links or deep links between the Platform and any other internet websites, is prohibited without the express written consent of Kitchen711.
APPLICABLE LAW AND JURISDICTION
Kitchen711 Terms and Conditions shall be governed by the laws of Malaysia. Any dispute which may arise under these Terms and Conditions shall be under the exclusive jurisdiction of the Courts of Malaysia.