Terms & Conditions

1. INTRODUCTION

1.1 The Terms of Use stated herein constitute a legal agreement between you and Charm Moments Sdn. Bhd. (Company No.: 1309091-H), a company incorporated in Malaysia and having its registered address at A-7-1, KinraraNiaga, Jalan BK 5A/2D,Bandar Kinrara, 47180, Puchong, Selangor, Malaysia..


1.2 Charm Moments reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Charm Moments Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.


2. USE OF PLATFORM AND/OR SERVICES

2.1 Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Charm Moments' or ‘Lavida’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

2.2 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.


3. USER SUBMISSION

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, 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 us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

3.2 We treat personal information, such as your name, email address or telephone number as confidential. We promise your personal information will not be disclosed to any third parties. We will not use or sell your personal information to third party unless:

    • Users agreed to share with third party;
    • Users make known to public of their personal information voluntarily and willingly in order to enjoy products or services;
    • Violation of Terms of Use, or as otherwise required by the law.

    3.3 Charm Moments may use your contact information to send newsletters and other product/service information that you may be interested in. If you no longer wish to receive our emails, you can opt out at any time by clicking the “Unsubscribe” link.

    3.4 Charm Moments is committed to protecting the security of your personal information. We use password set up by users to help protect your personal information from unauthorized access, use, or disclosure. Users are fully responsible for protecting their password. If users are using public computer, please logout before leaving to prevent disclosure of personal information. 

    4. TRADEMARKS AND COPYRIGHTS

    4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

    4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.


    5. Our limitation of responsibility and liability

    5.1 Charm Moments and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

    (a) any access, use and/or inability to use the Platform or the Services;

    (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

    (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

    (d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.


    6. APPLICABLE LAW AND JURISDICTION

    6.1 These Terms of Use and/or other Charm Moments Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

    6.2 Notwithstanding the foregoing, Charm Moments reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.



    Terms and Conditions of Sale

    1. Interpretation

    1.1 In this conditions:

    "Buyer" means the person who purchases Goods on the Platform;

    "Conditions" mean these Terms and Conditions of Sale;

    "Contract" means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

    “Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

    “Charm Moments” means Charm Moments Sdn. Bhd. (Company No.: 1309091-H), a company incorporated in Malaysia and having its registered address at A-7-1, KinraraNiaga, Jalan BK 5A/2D,Bandar Kinrara, 47180, Puchong, Selangor, Malaysia.

    “Charm Moments Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

    “Platform” means the www.thelavida.com.my website.

    “Services” means the use of any services, information and functions made available by Charm Moments at the Platform;

    “Seller” means Charm Moments which uses the Platform and/or Services to sell Goods to the Buyers

    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 Any references to “Charm Moments” in these Conditions refer to both Charm Moments’s actions on its own behalf as Seller and/or as the operator of the Platform in respect of each and every Contract.

    1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.


    2. Basis of the Contract

    2.1 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Charm Moments and Charm Moments has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Charm Moments.

    2.2 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Charm Moments in its website shall be subject to correction without any liability on the part of Charm Moments.


    3. Order and Specifications

    3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. Charm Moments shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Charm Moments shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

    3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon Charm Moments issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Charm Moments shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. Charm Moments shall furthermore be entitled to require the Buyer to furnish Charm Moments with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

    3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Charm Moments and on terms that the Buyer shall indemnify Charm Moments 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 Charm Moments as a result of the modification or cancellation, as the case may be.


    4. Price

    4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Charm Moments in addition to the price, but it excludes the delivery charges.

    4.2 In the event that a Goods has been mispriced on the Platform, Charm Moments reserves the right to terminate the Contract, and notify the Buyer of such cancellation by giving three days’ notice. Charm Moments shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.


    5. Terms of Payment

    5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Charm Moments acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Charm Moments. 

    5.2 The terms and conditions applicable to each type of payment, as prescribed by Charm Moments on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

    5.2.1 Credit Card

    Credit card payment option is available for all Buyers. Charm Moments accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

    Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

    5.2.2 Debit Cards

    Charm Moments accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

    5.2.3 Online Banking

    By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Charm Moments account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Charm Moments, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.


    6. Delivery/Performance

    6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

    6.2 Charm Moments 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.

    6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Charm Moments shall not be liable for any delay in delivery or performance howsoever caused.