1.1 In this Terms of Use, the following words shall represent the meaning attached herewith: -
‘Company’ means AstonM Enterprise Registered Number (003235818-H)
‘Platform means the online platform of the AstonM Enterprise
‘Services’ means the use of services, information, and functions made available on the platform
“Privacy Policy” means the policies governing the disclosure, safety, and usage of user information on the platform.
‘Website’ means the AstonM Enterprise website (astonandsons.com.my)
“Social Networks” means social media of the AstonM Enterprise such as Instagram, Facebook, Linkedin, Twitter, and Youtube
2.1 This Terms of Use govern user access and the use of the Company online Platform and Services.
2.2 Before using the Platform or Services, you must read carefully and accept this Terms of Use and all other terms and conditions and policies concerning the use of the Platform and/or Services (collectively known as “AstonM Enterprise Terms”). You are required to provide consent to the processing of personal data, as described in the Privacy Policy.
2.3 The Terms of Use stated herein constitute a binding agreement between you and ASTONM Enterprise (003235818-H), a company incorporated under the laws of Malaysia and having a registered address at A-13A-5, DC Residensi, Damansara City, 6 Jalan Damanlela, Bukit Damansara, 50490, Kuala Lumpur, Malaysia (“AstonM Enterprise”, ‘we’, ‘us’ or ‘our’). You agree to comply with the terms and conditions hereof.
2.4 The Company reserves the right to change, modify, add, or remove portions of this Terms of Use and or AstonM Enterprise Terms at any time. Changes will be effective when posted on the Platform with no other notices provided. You are deemed to be aware of and bound by any changes to the preceding upon your use of the Platform.
2.5 Subscribers of the Platform must be at least 18 years old.
3.1 The Company grants you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use. Usage on behalf of any third party is strictly prohibited unless explicitly permitted by us in writing. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
3.2 The content provided on this Platform is solely for informational purpose only. Product(s) representations expressed on this Platform are those of the vendor and are not made by the Company. Submissions or opinions expressed on this Platform are those of the individual posting such as content and may not reflect the Company’s views.
3.3 Certain Services and related features that may be available on the Platform may require registration and subscription. Should you choose to register and/or subscribe for any such Service or related features, you agree to provide accurate and current personal information and update such information if there are any changes promptly.
3.4 Every user of the Platform is solely responsible for keeping their password and other account identifiers safe and secure. The user of the Platform is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify the Company of any unauthorised use of your password or account, the Company shall not be responsible or liable, directly, or indirectly, or in any way for any loss or damage of any kind incurred due to, or in connection with, your failure to comply with this section.
3.5 The Company, 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 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.
3.6 The Company reserves the right, but shall not be obliged to: -
i) Monitor, screen, or otherwise control any activity, content or material on the Platform and/or Services. The Company may, in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and take any action as deemed appropriate.
ii) Prevent or restrict an unauthorised user to the Platform and/or Services: -
• Report any activity suspected to violate any applicable law to the appropriate authorities and subsequently cooperate with such authorities, and/or: -
i) Request any information from you in connection with your use of the Platform and/or Services at any time if you refuse to divulge such information and/or data, and we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
4.1 Without limiting the preceding, the Company does not warrant that the Platform and/or Services or the functions contained therein will be available, uninterrupted, timely, secure, accurate, complete, or error-free, defects, if any, will be corrected, or that this Platform and/or server 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.
4.2 The Company and 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: -
i) Any access use and/or inability to use the Platform and/or Services.
ii) Reliance on any data or information made through the Platform and/or Services. You should not act on such data and information without independently verifying its contents: -
i. Any system, server or connection failure, error, omission, interruption, computer virus or other malicious, destructive software or corrupting code, agent program or macros, and of the same.
4.3 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 the Company shall not be liable, therefore.
5.1 For your convenience, the Company 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 the Company’s control, and the Company is not liable for any errors, omission, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectional material contained, 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 to access to or use of such linked websites or content is entirely at your own risk.
5.2 The Company website uses cookies to monitor browsing preferences. Neither the Company nor any third party provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Company’s Website for any particular purpose. You agree that while care has been exercised in the preparation of information on this Website, the Company shall not be liable for any inaccuracy, omission, the incompleteness of the contents on this website.
5.3 Your use of any information or materials on your website or other social networks are entirely at your own risk, and the Company shall not be liable for any inaccuracies, omission or incompleteness of the contents. It shall be your responsibility to ensure any products, services, or information available through our website and other social networks meet your specific requirement(s).
5.4 Unauthorised use of this Website and other Social Networks may give rise to a claim for damages and/or a criminal offence.
6.1 This Terms of Use and/or any other AstonM Enterprise Terms and Conditions in the future imposed shall be interpreted and governed by the laws enforced in Malaysia, and you hereby agree to submit to the jurisdiction of the Courts of Malaysia.
7.1 In addition to any other legal or equitable remedies, the Company may immediately terminate or revoke without prior notice any or all rights granted under the AstonM Enterprise Terms and/or other AstonM Enterprise Terms and Conditions.
7.2 Upon termination of these AstonM Enterprise Terms and/or Conditions, you shall immediately cease all access and use of the Platform and/or Services, and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access and use of the Platform and/or Services in whole or in part in the Company’s absolute discretion.
1.1 In this Terms of Use, the following words shall represent the meaning attached herewith: -
‘Company’ means AstonM Enterprise Registered Number (003235818-H)
‘Buyer’ means the person who purchases product(s) or service(s) from the Platform
‘Seller’ means the Company who sells the product(s) or service(s) on this Platform
‘Products’ means the products made available for sale on the Platform, including any instalment of product(s) or any parts thereof
‘Services’ means the use of any services, information, and functions made available by the Company on this Platform
‘Conditions’ means this Terms and Conditions of Sale
‘Contract’ means the contract confirmed by the Seller based on the order placed by the Buyer on the Platform for the purchase of Product(s) and/or Service(s) sold by the Seller
‘Order’ means all orders, including purchase order
“Order Confirmation” means the order confirmation information relayed to the Buyer by the Seller through email or telephone
‘Platform means the online platform of the AstonM Enterprise
“AstonM Enterprise Terms and Conditions” means this Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or Service
“Third Party Vendor” means a seller who sells Product(s) to Buyers subject to the Company’s consent via this Platform and/or a person who offers Service(s) to sell Product(s) to the Buyers
“FPX Payment Gateway” means the payment gateway used on the Company’s Platform
2.1 The Buyer may purchase the Product(s) by placing and completing the order form on this Platform. The Buyer shall be responsible for ensuring the accuracy of the Order(s) made.
2.2 The Contract between the Buyer and Seller will only be completed once the Company issues a confirmation of dispatch or delivery order of the Product(s) to the Buyer. For the avoidance of doubt and subject to Clause 2.6, the Company in its absolute discretion may refuse or cancel any order without giving reasons for the same to the Buyer prior to issuing the confirmation of dispatch of the Product(s) to the Buyer.
2.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from the Company. The Buyer shall indemnify the Company in full against any loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges, and expenses as may be incurred by the Company, due to any modification or cancellation of the Contract.
2.4 The Company’s sales presentation on the Platform does not constitute a binding offer but is merely an invitation to treat. Successful completion of the “Checkout”, the Buyer makes a binding offer to the Company for the purchase of the Product(s) concerned at a price indicated on the Platform. The Buyer will receive an automatically generated Order Confirmation from the Company as a form of acceptance of the offer made.
2.5 Until and unless full payment has been received by the Company, any unfavourable price fluctuation of the Product shall be accountable to the Buyer, and any positive price fluctuation shall be accountable to the Company.
2.6 The Company reserves the right to refuse an Order in its absolute discretion, in cases such as non-payment, late payment, dysfunction, no-availability of the Product(s) and/or Service(s) and etc…, without being required to indicate the reason thereof.
2.7 Upon successful delivery of the Order Confirmation, the Buyer will not be able to cancel the Order(s).
2.8 Notwithstanding anything to the contrary provided in the preceding paragraph, if the cancellation of the Order(s) of the Buyer by the Company is due to a technical reason, such as dysfunction of the Platform and/or wrong quotation of prices, the Company shall notify the Buyer of the cancellation within one week of discovering the error and shall refund the Buyer the amount initially paid by the Buyer and subsequently all transaction fees applicable. If the Product(s) has already been shipped, the Buyer must return the Product(s) in original condition immediately after receiving the notification of cancellation.
2.9 All investments involve some level of risk. Buyers considering a purchase of precious metals as an investment, shall assess the current market and seek professional advice. The Buyer agrees that the Company does not provide any advice on the opportunity to invest in, disinvest from, or remain invested in, a particular precious metal.
3.1 The price of the Product(s) shall be stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value-added tax, or similar tax which the Buyer shall be liable to pay to the Company in addition to the price of the Product(s).
4.1 Payment(s) made must originate from the bank account of the Buyer (individual that has placed the Order(s)). The Buyer shall be held responsible and will compensate the Company for all fees and costs linked to the refund by the Company of payments made from any third-party accounts, which does not belong to the Buyer.
4.2 The Platform is integrated with an FPX Payment Gateway supplied by Curlec Sdn Bhd, which accepts major internet bank transfer services.
5.1 All Order(s) shall be shipped by the Company at its discretion, using couriers that are deemed appropriate to best deliver the Order(s) to the Buyer.
5.2 Shipment of the Company’s jewellery and precious metals Product(s) are only available in Peninsular Malaysia. All other Product(s) that are non-precious metals are available for shipment throughout Malaysia.
5.3 Shipment of Order(s) may take on average two to five business days to be delivered.
• Shipment times may differ according to the chosen shipping type that the Buyer has selected: -
i) Standard Shipping
ii) Express Shipping
• Any time quoted for the Shipment of Order(s) is only an estimate. The time for shipment shall not be of the essence, and the Company shall not be liable for any delay in shipment, however, caused.
5.4 The costs associated with the shipment of Order(s) are based on the selected courier that the Company has deemed appropriate to best deliver the Product(s) to the Buyer. The Buyer shall be notified at the point of ‘Checkout’ on the Platform or by the Company on the cost of shipment.
5.5 Combine shipments are strictly not allowed. Every Order is shipped in one shipment.
5.6 All shipments shall have tracking information available for both the Company and the Buyer to monitor. The tracking information is made available to the Buyer through email or telephone once the Company has organised shipment.
• Buyers are required to take notice of a 24-hour activation period for the Order(s) tracking information to be made available
• The Company shall communicate with the Buyer through email or telephone in the unlikely event that the tracking information for the Buyer’s Order(s) is unavailable.
5.7 Shipment of Product(s) to the Buyer shall be deemed completed when the Product(s) is successfully delivered to the Buyer at the stated shipping address. The Buyer shall be fully responsible for the Product(s) purchased after the Order Completion and will not hold the Company liable for any reason.
5.8 All Product(s) are packed in a discreet manner. Small-sized Order(s) are packed in qualified imported padded premium envelopes that are tear-resistant and waterproof. Large-sized Order(s) are prudently boxed with sufficient protection of the Product(s).
5.9 In the unlikely event that shipment of an Order(s) is unsuccessful for any reasons beyond the Company control, the Company may cancel the Contract, and any payment made shall be refunded to the Buyer accordingly. The Company statutory rights, in particular, a set off for additional expenses, remain unaffected.
6.1 There are NO RETURN of Product(s) purchased from the Platform for jewellery and precious metals (in the form of bars, digital Gold or Silver, coins, or grains). Notwithstanding, the Buyer may apply for a return of Product(s) under the following conditions: -
i) Product(s) delivered is defective and/or damaged
ii) Product(s) delivered is different from the description provided by the Company in the Platform
6.2 The Product(s) listed below are eligible for returns: -
i) Clothing (Non-Luxury Brand Clothing)
ii) Fashion Accessories
6.3 Clause 6.1 and 6.2, if a Buyer suspects that the Product(s) delivered has been tampered with and/or damaged, the Buyer must immediately notify the Company. As a precaution, the Buyer should not open the package but take an image of the tampered and/or damaged package to ensure any associated rights against the courier can be preserved.
6.4 If there are any disruptions in the shipment of the Product(s), the Buyer agrees to cooperate with the Company in any investigation or claim process and take every reasonable action requested of the Buyer in the process.
6.5 Clause 5.7, the Buyer must notify the Company immediately upon receipt of the Product(s); otherwise, it will be considered by the Company as Order Completed.
6.6 Investigations carried out to determine if the conditions listed in clause 6.1 (i and ii) is applicable, the Buyer is given the option to either receive a complete refund for the initial amount paid for the Product(s) (refer to clause (7) below) or exchange for the same Product(s).
6.7 If the desired exchanged product listed in Clause 6.6 is unavailable, the Buyer is given the option to exchange the initial Product(s) for a new Product(s) that is of the same value.
7.1 Refunds are made to clients based on the investigations carried out in clause (6) 6.1 to 6.7. A client can request a refund to be initiated if it warranted.
7.2 Refunds made to the Buyer is conducted via the initial account used by the Buyer to make payment for the Product(s). The Company does not permit the Buyer to receive the refund in the form of physical cash or bank transfers made to third party accounts that are not owned by the Buyer.
• The Company shall inform the Buyer via email and/or telephone on the grounds and process for the refund.
7.3 The Company will issue a refund to the Buyer for the Product(s) purchased on the initial amount paid by the Buyer.
7.4 The refund process is expected to take place within three to five working days. The time provided is an estimate that can be subjected to unexpected delays.
8.1 A binding Contract is in effect once the Buyer has made a purchase from the Company and an Order Confirmation has been issued. The transaction price will be locked in, and any corresponding market risk thereafter is transferred to the Buyer.
8.2 Clause 8 is only applicable for precious metals investment and jewellery.
9.1 Where the Company is unable to perform any obligation hereunder due to any event that is beyond its control, including but limited to war, strike, crime, an act of God, acts of terrorism, or any other circumstances that may cause delays or failure to perform such obligation, the Company will be excused and shall not be liable for any damages due to, or in connection with, such delay or failure.
9.2 The Company shall not be liable for any claim(s) arising out of the performance, non-performance, delay in delivery of or defect in the Product(s) nor for any special, indirect, economic consequential, lost or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Product(s).
10.1 The management of the Company makes it a priority to comply with the high standard for anti-money laundering and to combat terrorism financing practices.
10.2 For this purpose, the Buyer agrees to disclose to the Company the personal information needed for identification purposes if the Buyer wishes to create, continue, or carry out the business relationship or a particular transaction.
10.3 The Company requires the following personal information of the Buyer: -
i) Full name as indicated in National identification card or Passport
ii) Residential & Permanent Address
iii) Date of Birth
iv) Identification Card/Passport Number
v) Photocopy of Identification Card/Passport
vi)Gender
vii) Race
viii) Citizenship
ix) Email
x) Telephone Number
xi) Profession
xii) Employer Name
xiii) Intention for Investment
xiv) Source of Funds
xv) Name of Bank, Bank Branch & Bank Account Number
10.4 The Company shall match the Contracting partner’s name with the given information and the bank payment or credit card details.
