TERMS AND CONDITIONS
2. PRIVACY
3.2 This right to access cannot be extended to include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
3.3 You may not frame or use any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SP without express written consent. You may not use any metatags or any other ‘hidden text’ utilizing ‘SP’ or its affiliates names or trademarks without our express written consent. Any unauthorised use would lead to termination of the right to access granted by the SP.
3.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at SP as long as the link does not portray the SP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SP logo or other proprietary graphic or trademark as part of the link without the express written consent of the SP.
3.5 You must not use the SP website in any way that causes, or may be likely to cause damage or impairment to the website or interrupt free access to it in any way. You must not use the SP website to host, display, upload, modify, publish, transmit, update or share any information that:
(a) is grossly harmful, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(b) belongs to another person and to which the user does not have any right to;
(c) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights;
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(j) threatens the unity, integrity, defence, security or sovereignty of the land, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
4. COPYRIGHT AND DATABASE RIGHTS
a) All content (any of its compilation) included on the SP website, such as photographs, text, graphics, logos, button icons, images and software, is the property of the SP, its affiliates or its content suppliers.
b) All software used on this website is our property or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the SP website without the SP’s express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without the SP’s express written consent.
c) You may not create and/or publish your own database that features substantial parts of this website (e.g. our prices and product listings) without our express written consent.
5. TRADEMARKS
SP and other marks indicated on our website are trademarks or registered trademarks of SP. All other trademarks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
6. OUR SERVICES CONTRACT
6.1. When you place an order to purchase a product from SP, we will send you an email confirming the receipt of your order and containing the details of your order. That email will also confirm the cost of delivery which will be added to the purchase price of the product. Your order represents an offer to us to purchase a product which is accepted by us only when we despatch that product to you and the same is confirmed by an email we send to you, stating that we have despatched the goods (the ‘Shipment Confirmation E-mail’).
6.2. The acceptance will be complete at the time we send the Shipment Confirmation Email to You. Any products on the same order which we have not confirmed in a Shipment Confirmation Email do not form part of that contract.
6.3. All shipment dates are estimated only. Please refer to Return and Exchange Policy.
7. RETURNS AND EXCHANGE
Please refer to our Return and Exchange Policy for more information.
8. COMMUNICATIONS
When you visit SP website or send emails to us, You are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing. This condition does not affect your statutory rights.
9. TERMINATION
In the event you breach these Terms of Use or in the event any other SP user or a third party reports violation of any of its right as a result of your use of the services, SP reserves the right, to suspend or terminate your access to the SP platform with or without notice to you and to exercise any other remedy available under the law. Any suspected illegal, fraudulent or abusive activity will be a sufficient ground for terminating your access to the SP platform. Upon suspension or termination, your right to avail the service on the SP platform shall immediately cease and the SP reserves the right to remove or delete your information that is available with SP, including but not limited to login, account information and information posted by you.
10. AMENDMENT
We reserve the right to make changes to our website, policies, and these Terms of Use at any time.
11. CHILDREN AND MINOR’S PRIVACY
SP strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the SP platform is not intended for use by minors, SP respects the privacy of minors who may inadvertently use the internet or the mobile application.
12. COPYRIGHT AND DATABASE RIGHTS
a) We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.
b) To the fullest extent permitted by law, in no event will the SP or its affiliates be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the SP has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Terms of Use, SP’s liability under this Terms of Use shall in no event exceed the price of the product purchased and if no purchase is made, RM500.00.
c) In no event will SP or its affiliate’s be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
d) You hereby indemnify, defend, and hold the SP, the distributors, agents, representatives and other authorized users of the SP, harmless from and against any and all losses, damages, liabilities and costs arising from Your use of the service.
13. WAIVER
No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by SP. Any consent by the SP to, or waiver of a breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
14. GOVERNING LAW AND JURISDICTION
Any dispute, claim or controversy arising out of or relating to this Term of Use shall first be resolved between the you and the senior management of SP. In the event of no resolution, either party may refer such dispute to the arbitration in accordance with prevailing rules of Kuala Lumpur Regional Arbitration Centre, by a single arbitrator appointed by the Centre. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.
15. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be enforceable in accordance with its terms.
16. NOTICES
All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:
If to SP:
contact@summerandpeach.com
If to you:
at the email address provided by you to us when you registered as a SP User.
17. ENTIRE AGREEMENT
These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.
DELIVERY & SHIPMENT POLICY
1. Delivery Timeline:
SP endeavour to deliver according to the following terms:-
a) for ready stock - within 7-14 days from the date of payment;
b) pre order stock - 14 to 21 days from the date of payment.
(The estimated number of days shall exclude public holidays, Saturdays and Sundays).
If you have purchased more than 1 item, you may receive your purchases at different times.
2. International Terms and conditions of Carriage may apply for overseas shipping. Please contact us at contact@summerandpeach.com.
3. If we are unable to meet the estimated delivery date we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4. If you are unavailable to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5. To track your order, please use the tracking ID sent to you in the confirmation email your items have been shipped out. You are advised to keep the receipt of the delivered product.
6. We are unable to deliver to if you provide P.O Box address to us. Full delivery address is required.
7. If your item has a defect or is missing from your order please refer to our Return and Exchange Policy.
RETURN AND EXCHANGE POLICY
1. All orders are checked for defects before shipment. In the case you receive an unsatisfactory item, please contact us within 5 days of receipt with your order number, product code, name, address and reason for return/exchange. We reserve the right not to allow any exchange/return if these information are incomplete.
2. Please note that the items are free-size in general s m l , unless otherwise stated in a specific size. You are encouraged to e-mail us for enquiry or check the respective measurements in our size guide for each area before confirming you can fit in the item.
3. Items may be returned due to the following reasons:-
a) Item in the wrong colour or size.
b) Item with serious manufacturing defect (does not include stray threads or removable dirt).
c) Wrong item that was not as per order.
In the event of wrong size (fit is wrong due to own wrong measurement fit decision) only return/exchanged once changed. Subject to availability.
4. Items which are not exchangeable/returnable:-
a) Item which has been washed or stained;
b) Item which has been worn;
c) Item which has been damaged not due to us;
d) All types of panties (including but not limited to thongs, hiphuggers or any other similar kind) & accessories;
e) Item on sale are not returnable.
5. Quality and material issues are subjective. Please e-mail us before purchase to confirm in case of doubts.
6. An item in a colour or size cannot fit (too tight or too loose etc) that is not up to your expectation is not considered a ‘wrong item’. A material and quality issue are not considered defects and is subjective. We reserve the right reject your request.
7. We will bear the cost of return and re-delivery for products delivered within Malaysia. Allowed only one-time-return per order number.
8. The item is your responsibility until it is returned to us. It must be returned to us in its original condition and packaging, together with SP tag. You must provide proof of postage like tracking number and our address indicated on the returned parcel. It would be better to send via registered mail or courier with tracking number. We reserve the right to request for more information for purpose of return and re-delivery.
9. If the new piece of item is not available for exchange you will be refunded as soon as possible via Bank or Paypal or any other payment service provider we appoint.
10. We do not allow exchange to a new piece of item which is not in your previous order at all.
11. All replacement, exchanges and returned mails once received by us will be sent via normal mail to you with courier services only.