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Terms & Conditions PDF Print E-mail
Monday, 08 February 2010 04:07

1. DEFINITIONS

In these Terms and Conditions the following definitions and synonyms have the meaning as defined below:

"goods, merchandise, items, products": The gothic clothing for him and her, boots, accessories, jewelry, art prints and other goods made available for sale through and as described in the online shop and its website.

"we, us, our, Laguna, Laguna Music, Laguna Music Store": the company Laguna Music Sdn. Bhd. whose registered trademark name is Laguna Music, and who runs and operates this website and online shop, whose registered office address is 125, Jalan Wira 4, Taman Perwira 2, 68000 Ampang, Selangor, Malaysia.

"Website, Laguna Music Store, online shop": the website operated by Laguna Music, including but not limited to the online shops located at http://www.lagunamusic.my/.

"you, customer": the person or company who contracts to buy products from Laguna Music Store through its online shop / website.

2. GENERAL

These Terms and Conditions are the only conditions under which we are willing to sell products to any customer. You have to read and explicitly agree to these Terms and Conditions prior to any purchase on our website. These conditions can only be modified as set out in these conditions or by a variation in writing signed by a manager of Laguna Music. These terms and conditions (including any documents referred to within them) contain all the Terms on which we sell the goods to you - where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.

These Terms and Conditions supersede any prior representations (except fraudulent misrepresentations), undertakings or implications made. We reserve the right to vary or amend these conditions from time to time. We will post a copy of the revised conditions on the Laguna Music Store website. The conditions in force at the time we agree to sell products to you will apply to the contract between us for the sale of such goods.

3. ORDERING & DELIVERY

· A contract is concluded only when payment for your order has been received. The Products listed on the Website do not constitute an offer to sell on our part, nor does the order confirmation you receive automatically complete the checkout process - the order confirmation does only confirm that we have received your order, you need to complete the payment to conclude the contract. We will only accept and process orders that have been paid for in full.

· We reserve the right to reject an order for any reason.

· We will endeavour to issue any Products we have agreed to sell to you through Laguna Music Store within 14 days of the date of completion of the order, unless we have notified you of a different timeframe. However time of delivery shall not be of the essence of the contract between you and Laguna Music. Orders that have been accepted by us will be dispatched by registered or recorded delivery post to the address you have notified to us.

NOTICE: if a parcel can’t be delivered and is returned to us because of inaccurate or wrong shipping information, or because the customer has failed to provide all necessary information require for delivery, we will ship the parcel again at the customers expense, payable before second delivery.

4. PRICE & PAYMENT

· The price for the goods is as listed on the website as at the date you place an order. This price is not inclusive of transport and delivery costs, these will be added to the total at the moment you checkout from the website. All prices are payable in advance and are not inclusive of any tax. Customers from outside Malaysia will have to pay taxes applicable in their own country.

· Payment can be made by credit card (Mastercard & Visa) using the secure facility provided on our website, or by payment via online banking though accepted local banks. Orders will only be dispatched after we have received the full payment, and all goods remain the exclusive property of Laguna Music until paid in full by the customer.

· The order is only considered for acceptation after payment has been completed. Until your payment for the order, Laguna Music is bound by no obligation whatsoever. These Terms & Conditions become valid only after the order is accepted and payment has been made.

· If you place an order with us but don't complete the payment, and don't make the effort to inform us per email or letter that you wish to cancel the order, we reserve the right to add you to our blacklist and refuse any orders from you in the future. We will put you on the blacklist if you make more than 2 repeated purchases on our website and not paying for them or completing the transaction.

5. EXCHANGES AND RETURNS

EXCHANGE CLOTHING PRODUCTS FOR DIFFERENT SIZE

· Exchanging clothing that doesn’t fit is very easy: should any item of those you ordered not fit and you need a different size, please contact us [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ] within fourteen (14) days after receipt of the products and let us know about the problem. You then need to send the goods back to us within seven (7) days after notification with registered mail - it is the responsibility of the customer to make sure the goods get back to us undamaged, and it is also the duty of the customer to properly label the parcel as a return. Properly labelling the parcel as a return is very important, because failure to do so will might result in import taxes having to be paid, and these are at the customers expense.

· Once we have received the undamaged and unworn goods, we will issue a replacement in the correct size as soon as possible. While the costs for sending the items back to us is at the customers expense, we will cover the costs sending the replacement back to you. We are willing to do this ONCE per order. If more than one return / exchange is necessary to get the situation solved, all shipping costs for sending an item to you in excess of the first free shipment need to be paid by the customer, upfront before we can issue the parcel.

RECOMMENDATION: to avoid receiving the wrong size for your clothing, please include your measurements in the “notice to us” field on the order form, that way we can verify the size before shipping the goods.

RETURN OF GOODS

· Should you for any reason not wish to keep the goods you have ordered from us, you must notify us within fourteen (14) days after receipt of the goods of your intention to send them back. You then need to send the goods back to us within seven (7) days after notification with registered mail - it is the responsibility of the customer to make sure the goods get back to us undamaged, and it is also the duty of the customer to properly label the parcel as a return. Properly labeling the parcel as a return is very important, because failure to do so may result in import taxes having to be paid, and these are at the customers expense.

· Once we have received the undamaged and unworn goods, we will issue a refund for the value of the goods - we do not refund the transport costs. To prevent people ordering items for fun without the intention of keeping them and then returning them, we reserve the right to apply a restocking fee of up to 15% of the order value in cases of severe abuse. This 15% fee will be applied to all orders of 3 items and more, when none are kept and everything returned.

DAMAGED GOODS

· We endeavour to provide quality clothing that has been checked and verified for production faults and damages before we ship it. We cannot verify each and every single item we receive from our suppliers, so while we have sample controls on a regular basis, it can happen that we receive a damaged item and that it is shipped to the customer without our team noticing - should this happen, please contact us right away with a description of the problem, and send the damaged goods back to us. We will thoroughly verify the goods, and should the damages be a production fault, we will issue a replacement and give refund you for a reasonable transport costs for sending the item back.

· Should the goods have been damaged during transport, please contact us and we will file a claim with the transport company, and issue you a replacement. Settling the claim with the transport company can take 2-3 weeks. Should a replacement not be possible, we will then choose to refund you instead or suggest a different item for replacement.

NOTICE: Some of our items are manufactured by hand, and slight variations are possible, both in colour, fabric and material. These variations are minor variations only and will not change the look and feel of your goods in any noticeable way. These slight variations are not a damage to the goods and do not qualify the items for a return under the damaged goods clause.

IMPORTANT: Items that have intentionally or unintentionally been damaged by improper use by the customer will not be refunded or replaced. This kind of damages will be discovered and identified on return of the goods to us, and no refund issued. Costs resulting from this kind of attempted fraud-return will be billed in full to the customer.

EXEMPT FROM REFUND / RETURN

· Items and apparel like piercing and underwear cannot be exchange because of hygiene reasons everybody will understand. These items will neither be exchanged or refunded, so in case of doubt when ordering one, contact us before - rather safe than sorry.

SPECIAL OFFERS / DISCOUNTS

· There are no Refunds, Returns or exchanges honoured for On Sale! items.

6. LEGAL

In case of legal dispute, both the customer and Laguna Music will do their best to meet an arrangement out of court. Should not satisfying settlement for both parties be reached, all legal claims and actions shall be filed with the legal courts in Malaysia. Both seller and buyer agree to do their best to solve any problem and reach an agreement out of court.

 

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