Welcome to the www.euphoric.asia (“Website”) terms and conditions where Euphoric, "we", "us", “our” is a website operated by Fledge Sdn. Bhd. (“Fledge”), a company registered in Malaysia which provides settlement and customer services on behalf of Euphoric in Malaysia. These terms and conditions (“Terms”) govern and apply to customers and/or users (“you”) accessing the product and services through our website, mobile application(s), blog(s), and any other website(s) owned and/or operated by Fledge Sdn. Bhd. and its affiliates and subsidiaries (collectively, our “Services”).
By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time. Euphoric reserves the right to update, change, modify or otherwise alter these Terms at any time. Whilst we will make every reasonable effort to notify you of any changes, you are advised to check these Terms and Conditions periodically to update and apprise yourself of the Terms and Conditions applicable to your membership and use of this Website.
This website and all its content including but not exclusive of copy, images, logos, indicia, text and unique method of showcasing Products and Services is the intellectual property copyrighted to Euphoric, or of other copyright owners. Permission is granted to electronically reproduce and print in hard copy portions of this Website for the sole purpose of placing an order with Euphoric, or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, communication, or republication) without our prior written permission is strictly prohibited.
“Euphoric”, “Euphoric Asia”, are the trade names, trademarks, domain names, and company names of Fledge Sdn. Bhd. and its subsidiaries or affiliates. Any use of the site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is strictly prohibited without the permission of Euphoric.
All other trade names, trademarks, product names, company names, titles or logos used on this Website are the property of their respective owners. No permission is given by us in respect of the use of such trade names, trademarks, product names, company names, titles or logos and any such use without the permission of the relevant owner may constitute as an infringement of the owner's rights.
Whilst Euphoric will make every reasonable effort to present accurate information and content on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. Neither Euphoric nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, any company information, news, research information, data and/or content contained on this Website (including but not limited to any information which may be provided by third party or data or content providers) (“Information”) and shall not be bond in any manner by any Information contained on this Website. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update Information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
We have done our best to reproduce as accurately as possible the colours of the Products shown on this Website. However, due to variation of monitor resolution image colours on your monitor may differ slightly from the image’s original colour.
You shall indemnify and hold Euphoric and its affiliates and subsidiaries, including Fledge Sdn.Bhd., and their respective employees, representatives, agents, affiliates, directors, officers, managers and shareholders (collectively the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify any of the Parties under this Section, Euphoric shall have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Euphoric.
LEGAL CAPACITY TO TRANSACT
By accepting these Terms and Conditions you represent and warrant that you are over the age of eighteen (18) years. If you are under the age of eighteen (18) years please seek a parent(s) or guardian consent before making a purchase. Should Euphoric suffer any damage or other losses as a result of a transaction entered into by an unauthorised minor, Euphoric reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed on this Website.
TERMS OF SALES
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order with an Order Number. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
PRICING & AVAILABILITY
Price is the price listed on the Website at the time order is submitted and prices are given in US Dollar. Euphoric reserves the right to change prices for Products displayed at the Website at any time.
Unless otherwise stated on the Product listing or in our invoice for your purchases, the product listing and invoice prices do not include GST on the Products you purchased from us. Delivery and handling costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We reserve the right to refuse an order for a legitimate reason, for example, in the following circumstances:
In any of these cases, we shall inform you accordingly and if payment of the order has already been made, we shall reimburse you without delay and in any event within no more than 30 days.
Promotional discount codes are non-transferable, not reassignable, and under no circumstances can it be converted into or redeemed for cash. Each discount code has an expiry date after which it will be invalid. We will not issue replacements for defective or out of date discount codes.
The redemption of a discount codes must be used towards purchasing of goods and services on the Website. In some cases, a minimum spend may be specify in order to benefit from the discount code. The value of the discount code will be applied tot he total value of your order, subjected to the above conditions.
These T&Cs relate to all Euphoric promotions, competitions and discount codes (unless otherwise stated).
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
LIABILITY AND LIMITATIONS
In no event shall Euphoric and any of its affiliates and subsidiaries, including Fledge Sdn.Bhd. be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect, special, incidental or consequential loss or damage of any kind including but not limited to loss of use, loss of data, loss of business or profits, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product(s) supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
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.
You must not misuse this Website. You shall not: commit or encourage a criminal offence; use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere, transmit or distribute a virus, trojan, worm, logic bomb or post 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. Euphoric will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Neither Euphoric nor any of its affiliates and subsidiaries, including Fledge Sdn. Bhd. shall be liable for any failure or delay in performing any of its obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control and we shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions together with your order constitute the entire agreement between you and Euphoric in relation to your use of the Website, your Euphoric membership, and the supply of the Products to you by Euphoric. These Terms and Conditions cannot be varied except by us in writing or by e-mail. Neither you nor Euphoric shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representation, whether written or oral, between you and Euphoric.
We may at any time modify any relevant Terms and Conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
These Terms and Conditions are binding upon the parties and their respective successors and permitted assigns.These Terms and Conditions will not be assignable or transferable by you without our prior written consent.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and Euphoric are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
The invalidity or un-enforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any principles of conflict of law, and any disputes arising in connection with this Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
Current version of the Terms and Conditions effective as of 13 September 2013