TERMS AND CONDITIONS
I. TERM OF USE OF KURA2SHOP.COM
A. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Indonesian Law.
B. General use of Services and/or access of Platform
- Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
- Restricted activities: You agree and undertake NOT to:
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- use the Platform or Services for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
- post, promote or transmit through the Platform or Services any Prohibited Materials;
- interfere with another’s utilization and enjoyment of the Platform or Services;
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
- use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
- Availability of Platform and Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
- Right, but not obligation, to monitor content: 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 the terms and conditions contained herein and may take any action it deems appropriate;(b) prevent or restrict access of any Customer 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.
Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services
- to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
- to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
- Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
- Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
D. Intellectual Property
- Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
- Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, 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 without our prior written permission or that of the relevant copyright owners. Subject to Clause above, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
- Your submissions and information
- Submissions by you: You grant us a non-exclusive license 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, publish, remove or edit your Submissions.
- Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Indonesia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
- Notices from us: All notices or other communications given to you if:communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; orsent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
- Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
- Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
- Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
- Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
II. TERM AND CONDITION OF SALE AT KURA2SHOP.COM
A. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in A1 will apply to these Terms & Conditions of Sale.
B. Purchase of Products
- Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by kura-kura shop (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Kura-kura shop reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
- Product description: While Seller endeavours to provide an accurate description of the Products, neither kura-kura shop nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
- Sellers: is only Kura-kura shop
- for Products sold by Kura-kura shop, shall be agreements entered into directly and only between Kura-kura shop and you.
- Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
- Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
- Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
- Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event Kura-kura shop shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
- Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein.
- Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Kura-kura shop. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
- No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
- No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
- Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller’s opinion in that behalf. Kura-kura shop does not give any warranty as to the quality, state, condition or fitness of the Products;
- Kura-kura shop shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of Kura-kura shop, addition and insertion of parts, in particular of spare parts which do not come from kura-kura shop;
- Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow Kura-kura Shop instructions (whether oral or in writing) misuse or alteration or repair of the Products without Kura-kura Shop approval;
- Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Kura-kura Shop prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
- Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
- Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
- Intellectual Property:
- Unless the prior written consent of Kura-kura shop has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
- Where software applications, drivers or other computer programmes and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of licence or use (such as end-user licences, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
- The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of Kura-kura Shop has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon Kura-kura Shop request.
C. Delivery of Products
- Address: Delivery of the Products shall be made to the address you specify in your Order either by Kura-kura Shop (or its agents) on behalf of Seller.
- Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.
- Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform. Or by contacting Kura-kura shop customer service.
- Delivery time frame: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery time frames given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.
- Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Kura-kura Shop within 2 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Kura-kura Shop does not hear from you within 2 days from such projected delivery date, you shall be deemed to have received the Product.
- Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
D. Prices of Products
- Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
- Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
- General: You may pay for the Product using any of the payment methods prescribed by Kura-kura shop from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Kura-kura Shop, either accepting payment in its own right or as Seller’s agent. You acknowledge that Kura-kura Shop is entitled to collect payments from you on behalf of Third Party Vendors.
- Additional terms: The payment methods may be subject to additional terms as prescribed by Kura-kura Shop from time to time.
- Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Kura-kura Shop or any of its agents, for any failure, disruption or error in connection with your chosen payment method. Kura-kura Shop reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
- Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract.
- Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
- Refund of Payment:
- All refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
- We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
- All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
- All refunds is conditional upon our acceptance of a valid return of the Product.
- We reserve the right to modify the mechanism of processing refunds at any time without notice.
- Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy of kura-kura shop. Seller is not obliged to agree to any return unless all such instructions are followed to Kura-kura Shop satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.
- Permitted returns:, within 2 days from the date of delivery of the Product, you may return a Product when you:
- receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
- receive a faulty or damaged Product.
- Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.2, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Lazada and the Customer may not later elect for a return under Clause 6.2. Where the Products have not been repaired or replaced within a reasonable time, Lazada may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon a repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.
- Replacement Products: When Kura-kura Shop has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller at Customer’s cost.
- Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Kura-kura Shop or Kura-kura Shop’s agents) has tendered delivery of the Products.
G. Questions and complaints
If you have any questions or complaints, please contact Kura-kura Shop using the “Contact Us” page on the Platform.
- Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to Kura-kura Shop at firstname.lastname@example.org. If the Products have already been dispatched, you may not cancel the Customer Contract .
- Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or Kura-kura Shop acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
- the Products under the Customer Contract being unavailable for any reason;
- the Customer being in breach of an obligation under the Customer Contract;
- the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
- the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
- the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
I. Risk and property of the Goods
- Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Kura-kura Shop has tendered delivery of the Goods.
- Not with standing delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until kura-kura shop has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by kura-kura shop to the Buyer for which payment is then due.
- Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Kura-kura Shop ‘s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
- The Buyer agrees with kura-kura shop that the Buyer shall immediately notify kura-kura shop of any matter from time to time affecting kura-kura shop’s title to the Goods and the Buyer shall provide kura-kura shop with any information relating to the Goods as kura-kura shop may require from time to time.
- Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) kura-kura shop shall be entitled at any time to demand the Buyer to deliver up the Goods to kura-kura shop and in the event of non-compliance kura-kura shop reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of kura-kura shop but if the Buyer does so all moneys owing by the Buyer to kura-kura shop shall (without prejudice to any other right or remedy of kura-kura shop) forthwith become due and payable.
- If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
- The Buyer shall indemnify kura-kura shop against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of kura-kura shop ‘s rights under this condition.
J. LIMITATION OF LIABILITY
- Sole remedies of customer: the remedies set out in clause F are the customer’s sole and exclusive remedies for non-conformity of or defects in the products.
- Maximum liability: not with standing any other provision of these terms & conditions of sale, seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each customer contract, will not exceed the sums that you have paid to seller under such customer contract.
- Exclusion of liability: kura-kura shop indemnitees 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: (i) amounts due from other users of the platform in connection with the purchase of any product; (ii) the sale of the products to you, or its use or resale by you; and (iii) any defect arising from fair wear and tear, willful damage, misuse, negligence, accident, abnormal storage and or working conditions, alteration or modification of the products or failure to comply with seller’s instructions on the use of the products (whether oral or written).