TERMS & CONDITIONS

Pearly Sparkles Enterprise (AS0487228-K) is located at Banyan Tree Signatures, Jalan Conlay 2, 50450 Kuala Lumpur. Wilayah Persekutuan Kuala Lumpur Malaysia. The company is generally known as Pearly Sparkles

PROHIBITIONS

You shall not act or encourage any criminal offence that would harm the site in any way, whether it is in a form of distributing or transmitting virus/trojan/worm etc or any matter that would harm the site. You shall not hack into any part of the site that would interrupt or corrupt the performance or the functionality that would affect the site or the users. You may not take any propriety right that does not belong to you for any commercial purposes. Any breach of terms, legal action will be taken under Section 233 of the Communications and Multimedia act 1998.

AGREEMENT

All terms and conditions stated apply to all orders and contract made between Pearly Sparkles and the user of the website. These terms also will supersede any and all preceding and contemporaneous agreement between Pearly Sparkles and user. User acknowledges that, in entering into this contract, neither parties have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.

VOUCHERS

E-vouchers, promo code or any other promotional incentives may be available for you to make part payments with in our website and details are as per below:

To redeem the E-vouchers for your payment, submit the relevant information before checking out. Pearly Sparkles does not accept any error arising from the mistake of the recipient.
The incentives provided must be valid for online purchases to make payments. The validity of the vouchers will be written accordingly for your kind notice. It has to be entered prior checking out from the cart.
In a case of a possible fraud, suspicion to fraud or any illegal activity pertaining the e-voucher, Pearly Sparkles has the right to refuse acceptance and the suspend the related account and/or requesting for a different method of payment.
Pearly Sparkles borne zero liability for the loss, theft or any illegibility of e-voucher, promo code and special gifts (if applicable).
Pearly Sparkles has the right to suspend or any e-vouchers and/or promo codes without prior notice and will not be liable for any losses from the suspension.

Redemption of e-vouchers or promo codes:

All e-vouchers or promo code is only valid for website purchases only, unless stated otherwise. It could be sent via SMS, newsletter, social media or mailing:

All e-vouchers or promo codes gifted are only valid at a certain period of time and any representation after would not be entertained.
All e-vouchers are only allowed to be redeemed ONE time only and does not apply to any other current promotions or discounted items, unless mentioned otherwise.
If an order was made for a product that is valued less that the e-voucher/promo codes, no refund is permitted for the balance.
If there is an insufficient credit to the e-voucher/promo code, you may pay the difference using any of the payment method that is available.
If cash vouchers are used for part payment and you wish to return the product(s), no cash vouchers will be refunded. Only the payment that was paid by you.

DISCLAIMER OF LIABILITY

The information and content displayed in the website does not provide any guarantee, conditions or warranties to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Pearly Sparkles hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website and any materials posted, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. These terms shall exclude or limit Pearly Sparkles’s liability for death or any personal injury due to negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.

INDEMNITY

You have agreed to indemnify, defend, hold harmless Pearly Sparkles and its directors, employees, partners, agents, and affiliates, from any and all third-party claims, liability, damages and/cost arising from using the website or your breach in the contract.

GUARANTEE AND COMPLAINTS MANAGEMENT

Pearly Sparkles shall perform its utmost best fulfil all its obligations as mentioned under terms and conditions with reasonable skills, care and diligently.

Pearly Sparkles placed customers at the heart of everything as customer satisfaction is what they aimed for. Feel free to contact us at any time using the contact channel that is provided and Pearly Sparkles has performed its best to address every issue and concern as soon as possible.

In a case where a complaint is received, it will assist us if you can describe or explain the problem that occurs as accurate as possible and it would be helpful if you can share Order confirmation slip, order number and photo evidence (if applicable). If you are unable to hear from Pearly Sparkles within 7 working days, kindly make further enquiries.

UNAVOIDABLE SITUATIONS BEYOND CONTROL

Pearly Sparkles is not liable for any breach, interruption or delay in performing the contract due to causes that are unavoidable beyond reasonable control, including without limitation:

(a) Strikes, lock-outs or other industrial action

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks

(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.

In an event where, an unavoidable situation beyond control occurs more than one week, either customer or Pearly Sparkles may and can terminate the contract via a written notice and without any liabilities other than refund of products that was paid and/or deliver. If we have C contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent. We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the unavoidable situation beyond control.

NOTICES

All notice under a contract shall provide a written notice either via email or letter to the relevant party at the address or email address last known to the other.

Notice sent via post shall deemed to have served with 2 working days of being posted to the recipient address.
Notice sent via email shall deemed to have served with 2 working days of the email being sent.

In proving such service, it shall be sufficient to prove that the letter or email sent was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

INTELLECTUAL PROPERTY RIGHTS

All materials that are available within the website shall be the pro property of Pearly Sparkles or its partners and it is protected by the copyright laws and treaties around the world. Customers may view, save, download and print all information and images shown, however, it is only for personal use. Any act of publishing, tampering or reproducing any materials or content is strictly not allowed. This includes all trademarks that are made available within the website.

All content provided on the website shall not be used for any commercial purposes without obtaining the approval of Pearly Sparkles or its partners. If Pearly Sparkles is made aware of such breach, legal shall will definitely be taken.

All materials obtained from website in breach of these Terms and Conditions, your right to use our Site will terminate immediately and you must either return or destroy any propriety rights that was taken illegally. Modification, duplication or derivation of materials from website is strictly prohibited as it belongs to Pearly Sparkles and/or its partners.

WAIVER

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way to adapt or diminish our or your rights under these Terms and Conditions or a Contract.

SEVERABILITY

If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

ASSIGNMENT

You shall not assign, allocate, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

RELATIONSHIP

All terms and conditions or a contract provided does not create a partnership, an agency or an employer/employee relationship between Pearly Sparkles and user.

THIRD PARTY RIGHTS

A third party who is not apart of the contract based on the terms and condition has no right or is entitled to any benefits or incentives from the terms even if the third party is relied on such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

GOVERNING LAW

All terms and conditions and contract made are accordance with Malaysian law. Both parties shall submit a non-exclusive jurisdiction of the Malaysian Courts. In any matter between both parties shall be conducted in English Language.

VARIATION

Pearly Sparkles has the right to amend any of the terms and conditions stated without any prior notice, at any given time. Any alterations of the terms and conditions will be shared accordingly online. Continuing to use the service provided from the site constitute as acceptance of the new Terms and Conditions. You are responsible to view the latest the terms and conditions provided every time an order is made.