2. USE OF THE PLATFORM AND/OR SERVICES
2.2 Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Sun-Shine shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 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.
2.5 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any authorised user 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.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence 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, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, 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 any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis. Sun-Shine will make a reasonable effort to ensure that shipping information, product price(s), product description(s) and other information on this site is correct. However, Sun-Shine cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. Sun-Shine will not be liable for any loss or damage of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive and consequential loss or damage.
5.2 Without limiting the foregoing, Sun-Shine does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Sun-Shine and all of its respective officers, employees, directors, agents, contractors and assigns 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:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
5.5 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Sun-Shine 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 Site 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.
5.6 Nothing in these Terms and Conditions shall exclude or limit Sun-Shine’s Liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other Liability which cannot be excluded or limited under applicable law.
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
9. TERMS AND CONDITIONS OF SALE AND PAYMENT
9.1 Sun-Shine may withdraw items from sale and alter prices, products and or details of product specifications at its discretion and without notice. All changes are effective upon posting on this website. Please also take note that actual colours of the products appearing on your monitor may differ according to your monitor’s settings. These terms and conditions should be read with the other terms and conditions applicable to the use of this Platform. The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Sun-Shine’s acceptance in their sole discretion and each order accepted by the Sun-Shine shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Sun-Shine shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Sun-Shine shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
9.2 Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of re-confirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of any taxes and are in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the final price displayed at checkout.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly you can pay part of the price of your Order using an e-gift cards, store credit or a promotional voucher.
(d) E-gift cards and promotional vouchers must be entered at the check out page online only. Physical presentation of vouchers to Sun-Shine personnel will not be accepted. Sun-Shine has the right to refuse anyone from use the promotional codes/vouchers available on the Platform at our own discretion.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
9.3 We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you. We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
9.4 In any cases where the payment options offered (such as iPay88, Paypal, all direct bank transfers, ATM cash deposits and all other options mentioned on the platform/site) are not available anymore due to any/all circumstances/reasons, Sun-Shine will not be held liable.
10. DELIVERY OF GOODS/SERVICES
10.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
10.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
10.3 Upon delivery of the Product, you may be required to sign for delivery.
10.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
10.5 We deliver in our standard packaging and we have the rights to alter our packagings at our sole and absolute discretion.
10.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on Sun-Shine in the future.
10.7 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
10.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage/shipping fees as provided for in clause 10.8 (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
10.9 In event there exists a conflict of total cart size which entitle free shipping, the value on website shall prevail.
11. RETURN, REFUND AND REPLACEMENT OF GOODS/SERVICES
11.1 If you are not completely satisfied with your purchase, you may return the Product to us within seven (7) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Platform.
11.2 Refunds are only allowed for purchases in 5′ x 50′ and 5′ x 100′ window/tint film rolls. Refunds are strictly not allowed for loose window tints/films and window tints/films that require any sort of cutting/computer cutting/alteration/adjustments/modifications requested by the buyer/customer/purchaser.
11.3 All items must be received by Sun-Shine in order for a customer to be eligible for a refund will be in the form of e-gift vouchers/promotional codes/credits/cash/money on the website or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
11.4 You may process returns through your nearest post office/freight/courier services. You may return to our office directly by walk-ins. We are not liable if the products are missing due to shipment.
11.5 Once we’ve received your product/products, we will proceed to process your refund and refunds will be in the form of e-gift vouchers/promotional codes/credits/cash/money of any form depending on what Sun-Shine deem appropriate and best or replacement of product of the same model/name or any product similar or different based on Sun-Shine’s decision deem appropriate.