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Terms & Conditions

By purchasing products from nlandscape.com.my you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities. These terms describe the basis for purchase by you and sale by us of the Products described on this web site.

  1. Definitions and interpretation

In these terms the following words have the following meanings.

Contract

The contract for the sale and purchase of the Products

Delivery Areas

Currently we only cover West Malaysia’s Negeri Sembilan, Selangor and Wilayah Persekutuan. All other areas including overseas are excluded (we are sorry).

Products

Ranges from the plants, turf, pots, soil, fertilizer, agro chemicals, garden furniture’s, gardening tools and garden accessories etc. which are available for purchase from our web site in accordance with the terms

The Web Site

Our web site in the Internet which has the domain name address of nlandscape.com.my

Our Nursery, or our Store

Located in Nilai Negeri Sembilan where all Products stocks are physically available

The Seller, we, or us

The Web Site nlandscape.com.my belongs to Nilai Landscape Sdn. Bhd. (278341-K) and our registered office is at Lot P.T. 6367, Jalan BBN 3/1, Putra Nilai, 71800 Nilai,  Negeri Sembilan Darul Khusus, Malaysia. Tel: 606-799 2882/1671/1669 and Fax: 606-799 5885.

  1. Basis of the sale
    1. An agreement for us to sell you Products is made on these terms when we accept an order made by you via our Web Site. The description of the Products, the price, delivery costs and other relevant cost are set out in the order page. We will confirm acceptance of your order on-screen.
    2. We aim to give you a clear idea of the nature of the products and plants we sell in our Web Site. However, you appreciate that there are inevitably slight variations in size, shape and colour between different specimens. Illustrations, descriptions other information as to particular  the products and plants are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the Products from that advertised without notice to you, so long as these variations are not material alterations.
  1. Details of the order
    1. The quantity, quality and description of the Products will be those set out in your order (if accepted by us).
    2. Orders are accepted at our sole discretion but are normally accepted if the Products are available, the order reflects current pricing  based in the Delivery Area.
    3. Quantity of products displayed in our Web Site is just indicative which might defer from the actual quantity of products available at our Nursery and delivery of Products is based on the actual stock available at our Nursery.
    4. The Products which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area and we have received the full payment for the order.
  1. Price of the Products
    1. If the price of the Products increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.
    2. Our charges for transport, packaging and labour  are detailed on the order page and will be included in the total price for the Products.
  1. Payment terms
    1. We accept payment via Bank Transfer (Malaysian Local Bank) or money deposited to our Bank Account. Our Bank Transfer Instructions to customers are to deposit the order payment amount or money to our Maybank Bank account number: 0050 1932 6122 “Nilai Landscape Sdn. Bhd. (278341-K)” and then fax the bank slip with Invoice number or Order number indicated to 606-7995885 as proof. Alternatively customers may scan the bank deposit slip or take photo of it with their mobile phone's camera and email it to us at accounts@nlandscape.com.my. The order will not ship until we receive full payment. We accept no liability if a delivery is delayed because you did not pay or give us the right payment details after paying.
    2. If it is not possible to obtain full payment for the Products from your account, we can cancel the Contract or suspend any deliveries to you. This does not affect any other rights we may have.
    3. We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from  our Web Site.
  1. Delivery
    1. We will deliver the Products to the address you specify  in your order via our Web Site. It is important that this address is accurate. Please be precise about where you would like the Products left if you are out when we deliver. We cannot accept any liability for any loss or damage to the Products once they have been delivered in accordance with your delivery instructions.
    2. We will aim to deliver within 5 working days (Monday to Saturday) time frame upon receiving full payment but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to advise you that the delivery date will have to be extended.
  1. Risk and ownership
    1. Risk of damage to or loss of the Products passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.
    2. You will only own the Products once they have been successfully delivered (after we have received and cleared payment in full). Products supplied are not for resale.
  1. Returns/Options to cancel
    1. All Products sold is not returnable unless it was severely damaged during delivery. Please take photos of the damaged Products and email it to us with your justification which we will not guarantee to accept and the decision to accept return is subject to our sole discretion.  All requesting to return e-mail must reach us within 3 days upon delivery day. All cancellation of order  is only accepted before making  full payment (which is before delivery). Refund of money, if there is any will be made via cheque within 40 days of any accepted claim.
  1. Warranties
    1. We aim to provide quality Products to our customers. Accordingly, we undertake that where the Products will meet their approximate specifications and will be free from major defects at the time and point of delivery.  We shall not be held responsible if the plants should die (due to any cause or natural causes) after they have been delivered and  we will also not  replace it.  In the event that replacement is necessary due to products not satisfactory during the point of delivery, than we will charge for the re-delivery. We request customers to make sure that Products delivered are in good condition at the time of delivery and it is the type ordered during the point of delivery. If any  type of ordered Products are is not available, than we will let you know by e-mail and, if possible, suggest a suitable alternative which is available. If you do not want the alternative suggested, you will be entitled to order another plant or cancel your order, as you wish.
    2. The availability, price and colour of plants we sell to you may vary according to reiny season, exposure or density of sunlight  and market availability. We will Endeavour to confirm  these details when we confirm your order for the Products or prior to the delivery. If there have been any material variations, you will have the option of cancelling your order.
  1. Liability
    1. If you have a valid claim in respect of any of Products which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the Products within 3 days after delivery day, you will be entitled to choose either a refund of the price of the Products or a replacement Product.
    2. We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer.
    3. We will continually improve the Products, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice.Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.
    4. The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.
    5. We assume no responsibility for the contents of any other web sites to which this Web Site has links.
  1. Matters out of our control

              We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

  1. Copyright
    1. All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such. All rights reserved.
    2. None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing.
    3. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.
  1. Privacy
    1. We undertake not to pass on your details to any third party.
  1. Changes
    1. We reserve the right to make changes to this Web Site and these terms at any time.
  1. Complaints
    1. If you wish to complain about any aspect of our service, please email us at  enquiry@nlandscape.com.my
  1. General
    1. Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and contact telephone number and tell us of any changes to them.
    2. If either we or you fail to enforce a right under these terms, that failure will not stop us from enforcing the other rights, or the same type of right on a later occasion.
    3. To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
    4. The headings in these terms are for convenience only and will not affect their interpretation.
  1. Governing law and jurisdiction
    1. These terms will be governed by Malaysia law and any disputes will be resolved exclusively by the Malaysian Courts.

     18.    Promotions

Unless otherwise stated, discount codes (including those offered/displayed by third parties) cannot be used for purchases at our Web Site, gift vouchers and garden accessories (which includes some heavy garden products eg. Table set) and do not apply to courier or postage charges.

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