TERMS & CONDITIONS
- By browsing and using this Internet web site at obera.com.my (the “Site” herein refer to as OBERA), provided by Obera Wine & Design Malaysia, you agree to be bound by the User Terms and Conditions of Use set forth below (the “Terms and Conditions”).
- We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions regularly whenever you use this website.Your continued use of the Site after such revisions are posted will constitute your agreement to such changes.
- Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive authority of the courts and administrative tribunals located Kuala Lumpur, Malaysia, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.
- The sale of alcohol to individuals below 21 years is prohibited.
- Fail to verify/falsify your details in order to purchase alcohol is illegal if you are under the age of 21.
- Delivery: Failure to verify your valid ID is grounds for delivery refusal.
- Returns policy: No returns available if failure to verify your valid ID.
- Health Warning: (Meminum arak adalah bahaya untuk kesihatan).
NON-SALES OF ALCOHOL TO MUSLIMS
According to Section 19 (1) and Section 19 (2) Syariah Criminal Offences Act 1997, all Malaysian Muslims are forbidden from buying and drinking alcohol.In accordance to the legal provisions above, OBERA will not sell any alcohol products listed on its website to any Malaysian Muslims.
- You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:
- You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and http://www.obera.com.my will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
TERMS OF SALE
- OBERA reserves the right to revise advertised prices at any time. The cost of products and services may fluctuate depends on currency exchange rate. All prices quoted are in Ringgit Malaysia (MYR).
- This Site is intended for use mainly of Malaysia residents of the legal drinking and purchasing age. OBERA makes no claims that the content of this Site is appropriate or may be downloaded outside of the Malaysia. If you access this Site from outside of the Malaysia., you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located. A reference to a particular product or service does not imply that OBERA intends to make such products or services available in all countries.
- We endeavor to supply advertised vintages, quantities, and pricing, but all orders are subject to availability and confirmation by OBERA. We try out best to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. All goods remain the property of OBERA until payment has been made. We reserve the right to limit any sale.
- In order to purchase with OBERA, you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us. OBERA retains the right to refuse any request made by you. A confirmation email will sent to the registered user on OBERA after the order has accepted in order to verify the identity of both party. Where a contract is made with a third party OBERA is not acting as either intermediate or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
- Delivery costs may will be charged in addition; such additional charges are clearly displayed where applicable. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- Products that were advertised on the site are based on ready stock,in such event should OBERA received an order but unable to fulfill it's demand, total amount of purchase(MYR) shall be refund to purchaser by the same payment method made by purchaser,an confirmation email will sent to purchaser.
Credit Card Payment
Your credit card will be charged for your order on the day your order is taken. We will authorize your credit card for an amount equal to 100% of the total items in your order. OBERA will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, OBERA reserves the right to collect funds for any uncollected transactions owed to it. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected), OBERA reserves the right to cancel the order. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that OBERA may incur in its efforts to collect any unpaid balances from you. Your right to use the OBERA Service is subject to limits established by OBERA and/or by your credit card issuer.
This Agreement constitutes a binding agreement between you and OBERA until terminated by you or OBERA, which OBERA may do at any time, without notice, in OBERA ‘s sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Termination: This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. OBERA may suspend or terminate this Agreement or the OBERA Service or remove or disable access to any portion of the OBERA Service at any time for any reason with or without notice to you. You may terminate this Agreement and your OBERA Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. OBERA reserves the right to collect fees and charges incurred before you cancel your OBERA Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law OBERA and its suppliers, content providers and advertisers 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 or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect OBERA's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with OBERA and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to OBERA.
You agree to indemnify, defend and hold harmless OBERA, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal accounting and professional fees) arising from your use this Website or your breach of the Terms of Service.
OBERA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
These Terms and Conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced fully permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Third-Party Beneficiaries: The provisions of this Agreement are for the benefit of OBERA Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your OBERA Service.
Amendment: OBERA may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
Questions about the Terms; Conditions should be sent to us at [email protected]