Welcome to the calaqisya.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Calaqisya Sdn Bhd (1111751-V), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Calaqisya” means Calaqisya Sdn Bhd, a company incorporated in Malaysia under registration number 1111751-V and having its registered address at No 28-2, Jalan Eco Sanctuary 8/1B, Eco Sanctuary, 42500, Telok Panglima Garang, Shah Alam, Selangor, Malaysia.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Anything that you submit to the Site or other social media and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or other social media, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead third-parties as to the origin of any Submissions or us. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when an item's price is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party at this moment agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the previous, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Calaqisya for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Calaqisya;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Calaqisya;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which Calaqisya is to supply by a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Calaqisya” means Calaqisya Sdn Bhd, a company incorporated in Malaysia under registration number 1111751-V and having its registered address at No 28-2, Jalan Eco Sanctuary 8/1B, Eco Sanctuary, 42500, Telok Panglima Garang, Shah Alam, Selangor, Malaysia
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect any parties' interpretation.
Orders and Specifications
2.1 Order acceptance and completion of the contract between the Buyer and Calaqisya will only be completed upon Calaqisya issuing a confirmation of the Goods' dispatch to the Buyer. For the avoidance of doubt, Calaqisya shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer before issuing the confirmation of dispatch. Calaqisya shall furthermore be entitled to require the Buyer to furnish Calaqisya with contact and other verification information, including but not limited to address, contact numbers before issuing a confirmation of dispatch.
2.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Calaqisya and on terms that the Buyer shall indemnify Calaqisya in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by Calaqisya as a result of the modification or cancellation, as the case may be.
The price of the Goods or Services shall be the price stated in Calaqisya’s website when the Buyer makes its offer purchase to Calaqisya. The price excludes the cost of delivery charges and shall be liable to pay to Calaqisya in addition to the price.
Terms of Payment
4.1 The Buyer shall be entitled to make payment for the Goods according to the various payment methods set out on Calaqisya’s website. The terms and conditions applicable to each type of charge, as contained in Calaqisya's website, shall apply to the Contract.
5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
5.2 Calaqisya has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
5.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Calaqisya shall not be liable for any delay in delivery or performance howsoever caused.
5.4 If Calaqisya has failed to deliver the Goods by the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Calaqisya, to demand performance within a specified time thereafter, which shall be at least 14 days. If Calaqisya fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Calaqisya’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events.
5.5 If the Buyer fails to take delivery of the Goods (otherwise than because of any cause beyond the Buyer's reasonable control or because of Calaqisya's fault) then without prejudice to any other right or remedy available to Calaqisya, Calaqisya may:
5.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
5.5.2 terminate the Contract and claim damages.
6.1 Calaqisya should not be liable to the Buyer or be deemed to be in breach of the Contract because of any delay in performing or any failure to perform any of Calaqisya's obligations if the delay or failure was due to any cause beyond Calaqisya's reasonable control. Without prejudice to the generality of the preceding, the following shall be regarded as causes beyond Calaqisya's reasonable control:
6.1.1 Act of God, explosion, flood, storm, fire or accident;
6.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
6.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
6.1.4 import or export regulations or embargoes;
6.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Calaqisya or a third party);
6.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
6.1.7 power failure or breakdown in machinery.
6.2 Upon the happening of any one of the events set out in Condition 6.1 Calaqisya may at its option:-
6.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
6.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Calaqisya shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Calaqisya, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
8.1 Calaqisya shall accept liability to the Buyer for death or injury resulting from its own or its employees' negligence.
8.2 Calaqisya shall be under no liability whatsoever where this arises from a reason beyond its reasonable control as provided in Condition 6 or from an act or default of the Buyer.
8.3 In no event shall Calaqisya be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or Calaqisya had been advised of the possibility of the Buyer incurring the same.
8.4 No action shall be brought by Calaqisya later than two months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become familiar and in any event, no later than two months after the end of the Warranty Period.
9.1 On or at any time after the occurrence of any of the events in condition
9.2 Calaqisya may stop any Goods in transit, suspend further deliveries to the Buyer, exercise its rights or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
9.3 The events are:-
9.3.1 the Buyer being in breach of an obligation under the Contract;
9.3.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
9.3.3 the making of an administration order about the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
9.3.4. the Buyer is making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
10.1 Unless the context otherwise requires, any term or expression defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions. Still, if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
10.2 No waiver by Calaqisya of any breach of the Contract by the Buyer shall be considered a waiver of any subsequent breach of the same or any other provision.
10.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
10.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 14.7.
10.6 Calaqisya reserves their right to these terms and conditions of sale at any time.