General Provisions On Purchase Of Numinagem’s Products.

These Terms & Conditions of purchase are governed by the law of Malaysia and you and we agree to use the Malaysian courts and to submit to the jurisdiction of Malaysian Courts if there is any dispute between us.

If any part of these Terms & Conditions of purchase is found to be invalid by law, the rest of them remain valid and enforceable.

Terms And Conditions

These terms and conditions govern the conduct of the sale and purchase between the user who is desirous to purchase products provided in this http://www.enuminagem.com website ("the Website") and sale of products through the Website by NUMINA GEM SDN. BHD..

1. ORDERING OUR PRODUCTS

1.1 By completing and submitting a purchase order form according to this Website and through this Website, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. Please take note that all orders will only be despatched to you once we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.

1.2 We will not accept your Order if:

1.2.1 we do not have the Products in stock ; or

1.2.2 your payment is not authorised ; or

1.2.3 there is an error on our Website regarding the price or other details of the Products ; or

1.2.4 you have cancelled it in accordance with the instructions below .

1.3 We reserve the right to refuse any order which we shall in our absolute discretion deem fit.

1.4 If you change your mind after placing an order, you can cancel it within 24 hours from the time of order. Please notify us by email for the cancellation of your order which shall be made by you within 24 hours from the time of order. In the email for cancellation you are required to furnish us your name and address details, as well as your order number correctly and we shall not be responsible for any error of insuficency of particulars which shall result in the cancellation not being effectively processed.

2. PRICE

2.1 All prices of any of the products displayed on the Website ("the Products") are shown in Ringgit Malaysia (RM). The prices stated in the Website shall be the purchase price for the Products displayed therein, unless it is otherwise expressly stated. You shall be charged according to the prices stated in the Website and such other miscellaneous charges such as delivery fees, administrative charges and service charges (if any) unless otherwise expressly stated.

2.2 NUMINAGEM reserves the right to vary the price of any of the Products or any prices provided on the Website without any prior notice. You may verify the prices of the Products with us from time to time before you place your order.

2.3 In the event of any technical error on the prices of the Products, NUMINAGEM shall, upon receipt of your order,inform you through e-mail or telecommunication of the actual price of the Products as soon as possible.

2.4 Thereafter, you shall be able to either confirm your placement of order based on the actual price or cancel your placement of order within three (3) days from the date of our notification. In the event NUMINAGEM does not receive your response or confirmation within three (3) days from the date of our notification, NUMINAGEM shall cancel your order accordingly without any further notice to you. NUMINAGEM assumes no liability for any direct, incidental or consequential loss due to the cancellation of your placement of order. In the event you choose to cancel the order, we shall refund the payment to you in accordance with our Replace and Refund Policy provided below if you have made payments for the Products.

3. AVAILABILITY OF PRODUCTS

3.1 All the purchases which are to be made by you on the Website shall subject to the availability of the Products. In the event the Products that you ordered are not available, we shall notify you of the same and we will seek your further instruction. In the event that you do not reply our e-mail or telecommunication within three (3) days from the date of such notification, we shall have the absolute discretion to cancel the entire transaction and refund the total purchase price made by you in full in due course. NUMINAGEM assumes no liability for any direct, incidental or consequential loss due to the cancellation of the order.

4. ACCEPTANCE

4.1 The 'confirmation' stage sets out the final details of your placement of order. As a result, NUMINAGEM shall send to you an acknowledgement in the form of an e-mail pertaining to the Products you have ordered.

Nonetheless this acknowledgement shall not be treated as a confirmation of your placement of order or an acceptance of your placement of order from NUMINAGEM. If you do not receive the aforesaid confirmation pertaining to your order, please contact our customer service at the number or email address in this website.

4.2 Any transaction or contract between you and NUMINAGEM shall be concluded where we shall discharge our obligation upon collection of your ordered product by the courier service company from our warehouse. Upon collection by the courier service company of your ordered product thereof we shall not be held responsible or liable for any damage or lost occurred thereafter.

4.3 Upon your acceptance of the Products by executing the release form provided by the courier service company when the Products are delivered to you at the address provided by you, the agreement between NUMINAGEM and you shall be concluded. You shall be deemed to be satisfied with the conditions of the Products. There shall not be any replacement or return of Products upon your execution of the release form thereof.

5. DELIVERY & SHIPPING POLICY

5.1 NUMINAGEM shall deliver all the Products ordered or purchased through the courier service company as provided for in this website. It shall be deemed that you have agreed for NUMINAGEM to ship or deliver the Products with the courier service company provided in this website upon your payment for the Products that you have ordered.

5.2 NUMINAGEM shall deliver the Products within fourteen (14) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, from the date of receipt of your placement of order unless and until otherwise informed or advised by NUMINAGEM. In the event that you shall not receive the Products within fourteen (14) workings days from the date of your order you are required to inform us vide e-mail.

5.3 NUMINAGEM shall not provide any insurance coverage for the delivery of the Products.

5.4 NUMINAGEM shall not be held responsible for any damage or lost of the Products during the process of shipment or delivery, as this shall be covered by the "Shipper's Insurance". The risk of loss and damage of Products shall pass to the courier service company from the date of collection of Products by the courier service company from our warehouse until the date of the actual delivery by the courier service company to you and thereafter the title of the Products shall pass to you.

5.5 A delivery charge shall be imposed on you in accordance with the amount as stated in the Website at the Delivery Information section. The delivery charges shall be included in your payment for the Products and the delivery charges are subject to changes.

5.6 NUMINAGEM shall not refund the Delivery Charge once the Products have been delivered to you or collected by the courier service company from our warehouse or if you cancel the purchase of the Products after you have made payment for the Products.

5.7 In the event that the failure to deliver the Products to you is due to your fault, oversight or mistake, the Products will be re-delivered back to NUMINAGEM and you shall bear all the relevant cost including but not limited to the delivery cost, the said re-delivery cost and any additional surcharge applicable ("the Relevant Cost"). NUMINAGEM shall thereafter re-deliver the Products to you upon its receipt of your correct adress for delivery. The Redelivery shall only be made within Fourteen days (14 ) upon receipt of the Relevant Cost from you.

5.8 NUMINAGEM reserves the right to alter or amend the delivery time or delivery schedule by giving 48 hour notice which will be transmitted to your email address as disclosed by you at the time of placing your order. All delivery times quoted shall subject to stock availability and delivery location. NUMINAGEM shall be under no liability for any delay or failure to deliver the Products within the estimated timescales.

5.9 If you are not able to receive your delivery, you shall inform us 48 hours before the agreed delivery date and NUMINAGEM shall arrange for another delivery date. If the Products have been despatched according to the address provided by you, and if you wish to change the delivery address, you shall bear all the costs for the redelivery of the Products.

5.10 You shall indemnify NUMINAGEM for the lost of Products in the event you grant permission to the courier service company to release the Products to a third party without NUMINAGEM's consent.

6. REPLACE AND REFUND POLICY

6.1 Prior to any payment made, in the event you cancel your placement of order or NUMINAGEM does not receive your placement of order due to, including but not limited to, any technical error or failure of the Website, there shall not be an agreement concluded between NUMINAGEM and you and thus NUMINAGEM shall not proceed with your placement of order. NUMINAGEM assumes no liability for any direct, incidental or consequential loss due to the cancellation or non-reception of the placement of order.

6.2 In the event you have made payment for the Products but prior to the delivery of the Products by the courier service company, NUMINAGEM shall fully refund the payment made by you accordingly if you have decided to cancel your placement of order Provided That the credit card holder who has made the payment for the Products ("the Cardholder") have furnished us with a notice of cancellation by email ("the Notice") within twenty-four (24) hours from your placement of order and delivered or cause to be delivered the Notice to NUMINAGEM. NUMINAGEM shall only refund the purchase price to the cardholder and the refund shall be made into the same credit card account as provided by the Cardholder within sixty (60) days (excluding Saturdays, Sundays and Public Holidays) after NUMINAGEM is in receipt of your notice and upon your fulfillment of NUMINAGEM's conditions for refund.

6.3 In the event you have paid for the Products and the Products have been delivered to you by the courier service company and you have executed the release form, you shall not be entitled to cancel your order and seek any refund from NUMINAGEM, save and except that the Products delivered to you are actually defective ("the Defective Products") in which case you shall be entitled to an option to either request for a full refund of the purchase price you have made or replacement of the Products from NUMINAGEM. In the event you have opted for a full refund of the purchase price you have made, you shall fulfill the following conditions:

(a) You shall notify NUMINAGEM that you wish to opt for a full refund by email within twenty-four (24) hours from the date of execution of release form provided by the courier service company;

(b) you shall return or caused to be returned to NUMINAGEM the Defective Products in its original condition and quantity as it is first delivered to you;

(c) you shall email to NUMINAGEM the proof of your placement of order for the Products, payment and the delivery of the Products to you within twenty-four (24) hours from the date of the date of execution of release form provided by the courier service company ; and
NUMINAGEM shall only make or effect a full refund of the purchase price you have made to you within sixty (60) working days (excluding Saturdays, Sundays and Public Holidays) after NUMINAGEM is in receipt of your notice and after NUMINAGEM's satisfaction of your fulfillment of the conditions herein above stated.

6.4 In the event you have decided to request for replacement of the Defective Products, you shall fulfill the following conditions:

(a) your fulfillment of conditions stated in Clause 6.3 (a) to Clause 6.3 (c) above; and
and NUMINAGEM shall only replace and deliver the Products to you within fourteen (14) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, after NUMINAGEM is satisfied with your fulfillment of the conditions herein stated.

7. PAYMENT

7.1 NUMINAGEM currently only accepts credit card (VISA and MASTERCARD) payment through the online payment gateway as provied from time to time.

NUMINAGEM does not accept any payment of cash upon delivery of the Products. NUMINAGEM neither allow any of the Products ordered or purchased by you or to be replaced by NUMINAGEM to be collected from any of its retail outlets nor does NUMINAGEM allow any of the Products to be returned to any of its retail outlets.

7.2 You are required to make payment to NUMINAGEM from the secured online payment gateway as provided from time to time. NUMINAGEM assumes no liability for any online payment made through the said secured online payment gateway and/or outside of the paymentgateway provided herein .

7.3 You will receive a confirmation upon your payment of your placement of order. If you do not receive any such confirmation, please notify us via email.

8. AMENDMENTS

8.1 NUMINAGEM may revise or amend any of these Terms and Conditions or any part hereof from time to time without any further notice to you. In the event of any revision or amendment to these Terms and Conditions you shall be deemed to have agreed to the revsion and amendment thereof.

9. THE WEBSITE CONTENTS

9.1 All materials displayed on the Website shall be controlled by NUMINAGEM and/or shall belong to NUMINAGEM and our rights and interests in relation thereto shall at all times be protected under the laws of copyright and such other intellectual properties laws. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Website or otherwise use them for any public or commercial use without our express written consent.

9.2 NUMINAGEM reserves the rights to amend, alter or remove any parts of the contents or materials of the Website or delete any features thereof, for any reasons at any time, without any prior notice and liability.

10. INDEMINITY

10.1 You shall indemnify us for and against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

10.1.1 any claim by any third party that the use of the Website is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

10.1.2 any claim by any third party that the use of the Website infringes any third party's copyright or other intellectual property rights of whatsoever nature;

10.1.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website; and

10.1.4 breach of any of the terms and conditions contained herein.

11. LIMITATION OF LIABILITY

11.1 NUMINAGEM assumes no liability for any representation or statement made on the description, the quality or fitness for any particular purpose and of merchantable quality of any of the Products displayed. The Products displayed on the Website may vary from the actual Products including but not limited to the size, colour, shape, usage and weight ("the Attributes") of the Products. NUMINAGEM shall not be responsible or liable for any losses, damages, costs and expenses suffered or incurred by you due to any difference of the Attributes of the actual Products delivered to you from the description of the Attributes of Products provided in the Website.

11.2 NUMINAGEM assumes no liability for the availability of the Products listed on the Website as it depends on the availability of the Products. In the event the Products ordered by you are not available, NUMINAGEM shall inform you of the inavailability either through e-mail or telecommunication at the email address and telephone number disclosed by your at the time of your placement of order.

11.3 NUMINAGEM assumes no liability for any delay or failure which you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Website or services including any delay in the delivery of the Products purchased through the Website.

11.4 NUMINAGEM assumes no liability for any utilization of the Website including but not limited to any direct,incidental or consequential loss or damages of whatsoever nature.

11.5 NUMINAGEM assumes no liability for the availability of the Products for sale, nor does it assume liability in the event for any changes in the price of the Products withouit prior notification to you.

12. EXCLUSION PROVISION

12.1 All representations, warranties, descriptions or statements of the Products made on the Website are for reference only. NUMINAGEM shall not be liable for any losses, damages, costs, suits or any legal proceedings howsoever arise due to any representation, warranties, description or statements herein contained or made.

13. FORCE MAJEURE

13.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by any conditions which are beyond the control of the parties hereto including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the parties whose performance is affected.

13.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for the delay in the payment of money due and payable hereunder) to the extent that the said failure or delay is caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance or obligations under this Agreement, Provided That as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the causes relied upon. It is hereby agreed tahth the date and time by which performance or obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any failure or delay so caused.

14. IMPORT DUTY

14.1 Import duties may be charged by your local customs office for your purchase. You may want to contact your local customs office to find out what the charge is (if any) and any duties incurred shall be paid by you.

15. EXTRA DELIVERY CHARGES

15.1 In the event that the delivery of the Products can only be delivered to you by special arrangement at a mail collection point and or mail collection center by reason of your local council and or local bye laws and or local post office and or local custom and excise regulations and local practice resulting in extra charges on the costs of delivery the customers shall bear and reimburse us all such extra delivery costs duly incurred by reason of the aforesaid.

16. APPLICABLE LAW

16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.