SERVICE TERMS & CONDITIONS
We pride ourselves on a personal service, and as such these Terms and Conditions are a little out there for us, but as a business and as a valued client, we must ensure that both d’touch Living Concept and you are protected. As such, we have set out the Terms and Conditions below.
These Terms and Conditions will apply to the purchase of the goods, by you (the client) and by ordering any of the goods, you agree to be bound by these Terms and Conditions.
If there is anything you are unsure about and wish to discuss please contact us at firstname.lastname@example.org.
1.1 The Terms and Conditions which apply to your purchase of furniture and other goods (“Goods”) from d’touch Living Concept.
1.2 These Terms and Condition will apply to the purchase of the goods, by you (the Customer or you).
1.3 These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
1.4 When we refer to “you” and “your” we mean the purchaser of Goods (whether or not the purchase transaction is completed).
2 Quotes & Estimates
2.1Quotes and design work are free and without any obligation on your part.
2.2 d’touch Living Concept will provide you with a written quote or estimate specifying the work required to be done in order to fulfil your instructions.
2.3 All quotes are valid for a period of 28 days, unless an extension has been authorised and agreed to in writing by d’touch Living Concept.
2.4 The written document and the provided drawings / plans constitute the whole of the contract and any prior discussions, representations or drawings are excluded.
2.5 Acceptance by you of the quote will be when you provide d’touch Living Concept the confirmation of acceptance via email or written letter. d’touch Living Concept will not begin works until the agreed deposit as set out in clause 5 has been paid by the you.
2.6 Acceptance by you of the quote will constitute acceptance by you of these Terms and Conditions.
2.7 d’touch Living Concept may amend the quote, if not accepted within twenty eight (28) days from the date of the quote, to take into account any rise or fall in the cost of performing the work as quoted and d’touch Living Concept will notify the you of such amendment as soon as possible.
2.8 You must treat the supplied quote and designs as confidential and not use any of the design or quote communicated by d’touch Living Concept for any purpose and will remain the property of d’touch Living Concept.
2.9 Where there are variations to an accepted quote:
2.9.1 You will agree to pay any additional costs incurred by d’touch Living Concept, should you increase the scope of the work to be provided.
2.9.2 You will progress payment to those variations on the time and date as agreed by d’touch Living Concept.
2.9.3 If you vary the specification as per the agreed quote, d’touch Living Concept shall retain the monies already spent towards the higher agreed specification. d’touch Living Concept will agree to negotiate a percentage of the payment to be returned to you.
3 Orders and Specifications
3.1 All materials are sold subject to natural variations in colour, markings and texture. Images and samples are intended as a guide only. Products may be subject to minor changes which do not significantly alter their appearance or performance. You accept that the delivered materials may not be an exact match to the sample shown.
3.2 With respect to custom made goods, your submission of design specifications to us means that d’touch Living Concept have all worldwide rights, titles and interests in all copyrights, design rights and other intellectual property in the specifications. You will defend us at your expense and pay all costs and damages of any kind (this will include your legal fees) incurred as the result of any suit or other legal action against us for infringement of any patent, trademarks, copyrights, design rights or other rights by reason of use of such specifications.
3.3 d’touch Living Concept reserve the right to publish any designs, drawings and photographs on our website and business social media. We will never include any personal details.
3.4 You claims all responsibility for ensuring the provided quote and drawings are final and correct and you must ensure all relevant information, such as contact details, address etc. are provided at the time the quote and design is agreed to.
3.5 Any changes to the agreed specification may only be made in writing, and by the consent of both parties.
4 Conditions of Sale
4.1 d’touch Living Concept has the right to refuse any specification at any point in the consultation process if d’touch Living Concept deem the works or Goods to be unsafe or not fit for purpose.
5.1 For bespoke works delivered directly by d’touch Living Concept, you agree to pay for the Goods with the following instalments:
5.1.1 50% of the final sum to be paid as a deposit
5.1.2 50% of the final sum to be paid upon completion of Goods
5.1.3 Note: If item is to be delivered by a 3rd party, full payment is required before delivery.
5.2 For works delivered via currier whereby d’touch Living Concept is unable to be present for its arrival, you agree to pay the final sum prior to scheduled delivery.
5.3 d’touch Living Concept will not schedule any work prior to the receipt of the deposit.
5.4 All account balances not paid within 7 days of the invoice date will be charged interest at 4% of the remaining sum until the account is settled.
5.5 d’touch Living Concept will provide you with invoices at each stage.
6 Cancellation of an Order
6.1 In the event that you wish to cancel Goods, d’touch Living Concept will keep the payments paid up to the date you notify us of a cancellation. This is to cover the works carried out.
6.2 As all of our Goods are custom made you will remain liable for to pay for the goods in full if d’touch Living Concept deem it necessary.
6.3 d’touch Living Concept reserve the right to cancel you works in full or part, at any time due to any reason, for example, unforeseen circumstances, inability to source the materials requested by you. d’touch Living Concept will notify you as soon as reasonably possible and will refund the monies paid to you in full. d’touch Living Concept will not be liable for any compensation as a result of a cancellation.
6.4 If you fail to comply with any of the clauses set out in these Terms and Conditions for which you are responsible, d’touch Living Concept may suspend any uncompleted works and you will be liable for costs and expenses incurred.
7 Delivery, Acceptance and Installation
7.1 It is your responsibility to:
7.1.1 Advise at the time of agreeing to the specification if there are any vehicle size or access restrictions that may affect the delivery.
7.1.2 To provide safe protection for your flooring from the point of entry to the final placement of the Goods. d’touch Living Concept will not have enough protective sheeting for all deliveries and installations and will not be held responsible for damage to floors if they were not protected by you. This also includes but is not limited to protection of walls or other surfaces.
7.1.3 Ensure that access to the area is clean and clear of obstruction before the agreed delivery and installation date. d’touch Living Concept is not responsible for moving any existing objects and we will not take away any old objects for disposal.
7.1.4 To advise d’touch Living Concept of what the room for fitting will be like on the agreed date of fitting. If there are any changes to the area of fitting you must notify d’touch Living Concept no later than a week prior to arrival. If d’touch Living Concept deem the room unsuitable for the specified works to be fitted or it results in changes to be made to the design, d’touch Living Concept have the right to delay fitting, cancel fitting and to charge additional payments to you to cover any adjustments which need to be made as a result of the changes to the area.
7.2 d’touch Living Concept has the right to cancel a scheduled delivery or installation due to unforeseen circumstances such as adverse weather conditions.
7.3 d’touch Living Concept is not responsible for any issues with the site which are revealed when installing the goods. If d’touch Living Concept has to carry out any work needed to fix such a problem if it is considered necessary for the satisfactory installation of the works, you are responsible for additional costs and will reimburse d’touch Living Concept in full.
7.4 d’touch Living Concept has the right to cancel delivery or installation if they deem the site not suitable or fit for use for the goods.
7.5 Responsibility for inspecting Goods upon delivery is with you. You are responsible for examining the Goods and are required to inform d’touch Living Concept of any damage within 24 hours and include photos and other relevant evidence.
7.5.1 If you fail to notify d’touch Living Concept of any damage within 24 hours, this will be deemed that you have accepted the delivery and the Goods will not be entitled to be returned for a refund.
7.6 If your Goods are installed / fitted by anyone other than d’touch Living Concept, d’touch Living Concept are not liable for any issues, including, but not limited to damage, injury or loss. If you plan to have a 3rd party install the Goods, you must inform d’touch Living Concept in writing at the time the specifications are made.
8 Returns, Exchanges, Amendments to Orders, Faulty Goods, Refunds
8.1 d’touch Living Concept will rectify faulty Goods free of charge, providing all items in these T&C’s are adhered to.
8.2 If you find a fault with your Goods, you must inform d’touch Living Concept within 24 hours and provide d’touch Living Concept with full details of the fault and photos and at that time, if possible, to cease using the Goods.
8.3 d’touch Living Concept will endeavour to resolve any faults quickly and in accordance to your statutory rights.
8.4 If you continue to use the Goods or attempt to resolve any faults yourself, or by use of the third party, d’touch Living Concept have the right to refuse to resolve the fault.
8.5 All Goods must be returned to d’touch Living Concept in the same condition as delivered to you and must not be used.
8.6 The Distance Selling Regulations require that you take reasonable care of any Goods that you wish to return. You, have a duty of care for the Goods whilst it is in your possession and you are liable any loss or damage. Failure to take such reasonable care may result in a claim against you.
8.7 You must protect and cover the Goods to protect them from any damage, and where possible, retain the original packaging and use this for returns.
8.8 No refunds or exchanges are given for bespoke, custom made Goods.
8.9 If you wish to add Goods to an existing Order, you must advise d’touch Living Concept in writing and d’touch Living Concept will endeavour to add this to your original specification. Please refer to T&C 2.4.
9 Risk and Retention of Title
9.1 Providing full payment has been made, you will become the owner of the Goods.
9.2 Ownership of all Goods will remain with d’touch Living Concept until full payment has been received.
9.3 Risk in Goods, including but not limited to damage and loss, shall pass to you at the time when you collect the Goods or they are delivered.
10 Guarantee & Liability
10.1 d’touch Living Concept will not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the aftercare instructions provided, misuse, alteration or repair of the goods without d’touch Living Concept’s prior written approval.
10.2 d’touch Living Concept will provide you either verbally or with written after care instructions as to how to care and maintain your goods.
10.3 Any advice or recommendation provided by d’touch Living Concept as to the care and maintenance and use of the goods which is not confirmed in writing is acted upon at your own risk and d’touch Living Concept will not be liable for any issues which arise.
10.4 d’touch Living Concept will not be liable for any defects, injury, loss or damage resulting from your negligence or arising from installation in a damp environment / unsuitable environment, lack of proper maintenance, improper use, accidents, unauthorised alteration, faulty workmanship or negligence on the part of others.
10.5 Your Goods are guaranteed such that any structural or manufacturing fault occurs during the guarantee period, then d’touch Living Concept will either repair or replace (at our own discretion) the faulty items free of charge, subject to these Terms and Conditions.
10.6 d’touch Living Concept has no liability whatsoever, in respect of this guarantee if any sum owning by you has not been paid.
10.7 The guarantee given by d’touch Living Concept will only apply to the purchaser as named on the paperwork provided by d’touch Living Concept. It is not transferable.
10.8 Guarantee Exclusions:
10.8.1 Your Goods are guaranteed for normal domestic use and not for commercial use. See T&C 11.
10.8.2 Your Goods require some routine maintenance, see the After Care document provided with your Goods see T&C 11. This is essential to preserving your rights under this guarantee. d’touch Living Concept will not replace or repair your furniture if improper after care causes damage.
10.8.3 d’touch Living Concept is not liable and your Guarantee is invalid if your Goods are damaged by, and not limited to the use of detergents, abrasives or other cleaning agents.
10.8.4 Wood has certain natural characteristics such as shrinkage, swelling, hairline cracks and minor movement due to changes in temperature and humidity. These may appear and disappear with the changing weather conditions. This will not affect the durability, serviceability or lifespan of your furniture and normal movement within wood is normal. These natural movements are not a structural defect and are not covered under this guarantee. If you have any concerns please contact us.
10.8.5 Fair wear and tear in normal domestic use is excluded, for example, but not limited to, d’touch Living Concept will not replace a kitchen that is 10 years old because it looks used.
10.8.6 If the Goods are installed by a 3rd party, or anyone other than d’touch Living Concept, the guarantee is invalid.
10.9 The guarantee period begins on the date of collection / delivery.
11 Domestic Use
11.1 The Goods made and sold by d’touch Living Concept are for domestic use only, unless otherwise agreed upon in writing. Any other intended use should be declared at the time of initiating design discussions with d’touch Living Concept.
11.2 d’touch Living Concept is not responsible for or liable for any liability in respect of Goods which are used for other purposes other than domestic use.
12.1 Nothing in these Terms and Conditions will reduce your statutory rights as a consumer. This agreement shall be governed by the laws of England and Wales and the parties submit to the exclusion of jurisdiction of the English and Welsh courts.
12.2 These Terms and Conditions set out the entire agreement and understanding between you and d’touch Living Concept.
12.3 No variation to the Terms and Conditions will be binding unless agreed, in writing by both parties.
Please keep your paperwork safe. When you purchase goods, keep your specifications and invoices as these will contain all of the information you will need to contact us and to ensure your Guarantee is valid.
WEBSITE TERMS & CONDITIONS
1 Acceptance of Terms
1.1 Your access to and use of www.d-touch.com.my (“the Website”) and any Services referred to in Clause 2, is subject to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 The Services
The Website may provide communication tools such as email, bulletin boards, chat areas, new groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 Privacy and Cookies
We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.
4 Acceptable Use
4.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated.
4.2 In using the Website/Services you agree not to:
4.2.1 Use the Services to send junk email, spam, chain letters, pyramid schemes or other unsolicited messages,commercial or otherwise;
4.2.2 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene,indecent, threatening, abusive, harassing or unlawful.
4.2.3 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
4.2.4 Make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another.
4.2.5 Impersonate any person or entity for the purpose of misleading others
4.2.6 Violate any applicable laws or regulations
4.2.7 Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services
4.2.8 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
We have the right to terminate your access to any of all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
6 Internal Use
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the internet.
7 Intellectual Property Rights
7.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
7.2 www.d-touch.com.my does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify www.d-touch.com.my harmless from and against any breach by you of these Terms and Conditions and any claim or demands brought against www.d-touch.com.my by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through Services, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.d-touch.com.my in consequence of your breach of these Terms and Conditions.
9 Disclaimers and Limitation Liability
9.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS “and “AS AVAILABLE” basis without any representation or endorsement made any without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 To the extent permitted by law, www.d-touch.com.my will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
9.3 www.d-touch.com.my makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
9.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.d-touch.com.my for death or personal injury as a result of the negligence of www.d-touch.com.my
9.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Malaysia and you hereby submit to the exclusive jurisdictions of the Malaysia courts.