TERMS & CONDITIONS
1. Identity
The private limited company Metropolitan Capital Sdn Bhd., with its registered offices at D-6-15 Block D Oasis Ara Damansara No 2 Jalan PJU 1A/7A Ara Damansara 47301 Petaling Jaya Selangor, Malaysia, also operating under the name of SwissCeutics.
Contact Number: +603 7831 8170/ +6012 215 7055
Email Address: mcsb@groupjns.com
Contact Number: +603 7831 8170/ +6012 215 7055
Email Address: mcsb@groupjns.com
2. Definitions
In these Terms and Conditions (hereinafter referred to as “Terms and Conditions”) the following terms have the following meanings:
SwissCeutics: Metropolitan Capital Sdn Bhd
SwissCeutics: Metropolitan Capital Sdn Bhd
Agreement: A remote contract that is concluded between SwissCeutics and the consumer in the context of an organised system for the remote selling of products, whereby exclusive or joint use is made of one or more remote communication technologies up to and including the conclusion of the agreement;
Consumer: A natural person, who does not act for purposes related to his/her trade, business, craft, or professional activity;
Cooling-off Period: A period of 30 days after the product is received, during which you, as the Consumer, are entitled to exercise your right of withdrawal;
Right of Withdrawal: The option for the Consumer to decide against the remote contract within the Cooling-off Period;
Terms and Conditions: These general Terms and Conditions, which apply between SwissCeutics and the Consumer;
3. Applicability
3.1 These Terms and Conditions apply to every offer from SwissCeutics and to every Agreement that comes into effect between SwissCeutics and the Consumer.
3.2 The text of these Terms and Conditions are available to the Consumer prior to the conclusion of the Agreement and the Consumer can simply save this on a Permanent Data Carrier.
4. Offer
4.1 If an offer has a limited validity period or takes place subject to conditions, this will be set out in the offer.
4.2 The offer contains a description of the offered products in a manner that will enable a proper assessment of the offer by the Consumer. Apparent mistakes or apparent errors in the offer will not bind SwissCeutics.
5. Agreement
5.1 The Agreement comes into effect at the time of placement of the order. SwissCeutics promptly confirms by electronic means receipt of the acceptance of the offer.
5.2 SwissCeutics performs the Agreement on the basis of best endeavours.
5.3 SwissCeutics makes efforts to take suitable technical and organisational measures for the protection of the electronic transfer of data and makes every reasonable effort to ensure a secure web environment.
5.4 SwissCeutics may make enquiries into the ability of the Consumer to fulfil his/her payment obligations, as well as into all those facts and factors that are relevant to entering into the Agreement responsibly. If SwissCeutics, on the basis of this research, has good grounds not to enter into the Agreement, SwissCeutics is entitled to refuse an order or application, or to attach special conditions to the performance, on stating its reasons.
6. Right of Withdrawal
6.1 The Consumer may withdraw an Agreement with regard to the purchase of a product during the Cooling-off Period.
6.2 If the Consumer wishes to exercise his/her Right of Withdrawal for undamaged and unused products, he/she must notify SwissCeutics within the Cooling-off Period by means of the Withdrawal Form (as attached to these Terms and Conditions), or in a manner as stated on the website.
6.3 The Consumer returns the product as soon as possible, but at the latest within 14 days from the day following notification that they are exercising their Right of Withdrawal, or the Consumer hands the product to (an authorised representative of) SwissCeutics, unless SwissCeutics collects the product.
6.4 The Consumer bears the direct costs of return dispatch of the product, unless stated otherwise by SwissCeutics.
6.5 The Consumer returns the product together with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the instructions provided by SwissCeutics.
6.6 The risk and the burden of proof of the correct exercise in a timely manner of the Right of Withdrawal is vested in the Consumer.
6.7 SwissCeutics refunds all payments made by the Consumer, including any delivery costs charged by SwissCeutics for the returned product, promptly but in any event within 14 days after the day on which the Consumer notified SwissCeutics of withdrawal.
7. Cooling-off Period
7.1 The Consumer handles the product and packaging with care during the Cooling-off Period. He/she will only unwrap or use the product to the extent that this is necessary to establish the nature, the characteristics and the functioning of the product. The starting point hereby is that the Consumer is only permitted to handle and inspect the product to the same extent as in a shop.
7.2 The Consumer is liable for any decrease in value of the product that is the result of a manner of handling the product that goes beyond the extent stated in article (7.1)
8.Exclusion of the Right of Withdrawal
8.1 SwissCeutics may exclude products from the Right of Withdrawal. This is stated with the offer in the website, in a timely manner prior to the conclusion of the Agreement. The exclusion of the right of withdrawal applies in any case to products that are custom-made for the Consumer.
9. Price
9.1 The prices of the offered products shall not be increased during the validity period stated in the offer, with the exception of price changes as a result of changes in legal provisions.
9.2 The prices of the products stated in the offer are in MYR (Malaysian Ringgit), including SST and exclude any shipping and administrative costs.
9.3 SwissCeutics is entitled to periodically adjust its prices.
10. Compliance with the Agreement
10.1 Swissceutics guarantees that the products meet the sound condition and/or fitness for purpose of the products delivered by it in conformity with the specifications set out.
10.2 The risk of damage to and/or loss of products is vested in SwissCeutics until the time of delivery to the Consumer, or to a representative appointed in advance and made known to SwissCeutics.
10.3 Ownership of the delivered products only transfer after the amount owed has been paid.
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