Terms of Use
Introduction
These terms and conditions (“Terms”) are the terms and conditions in accordance with which we supply Products (each a “Product”) listed on our website atlasice.com.my (the “Site”) to you (the “Terms and Conditions”).
Definition
In these terms the following definitions shall apply:
“Agreement” means any contract entered into between Atlas Ice and a Buyer;
“Buyer” means the buyer of an Item, which is sold through the Website;
“Customs” means the relevant department in the respective country, which collects duties levied on goods imported into the said country;
“Atlas Ice”, “us”, “we” and “our” means Atlas Edible Ice Sdn Bhd a company incorporated in Malaysia and having its registered office address at 12 Jalan Bukit Gedong, 75050 Melaka, trading as Atlas Ice;
“Item” means any product or other services sold via the website;
“Terms” means the Buyer’s Terms and Conditions; and
“Website” means our website atlasice.com.my
"Account" means the ATLAS ICE Account that you will need to register for on the Site if you would like to submit an Order on the Site;
"Business Day" means any day on which banks in Malaysia open for business;
”Order Confirmation" means our email to you, in which we acknowledge your Order .
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
"Customer" means any individual who places an Order on the Site;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order;
"Merchant" means the brand or supplier that provided the item;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1. Formation of a Contract
The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation, which will act as an acknowledgement of your Order.
An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
A Contract will relate only to those Products, which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
2. Items on Website
While we make every effort to describe and display every Item as accurately as possible, you should be aware that the colour and appearance of the Item as displayed on your computer monitor or any other display might differ from the actual colour and appearance of the Item. The merchants provide all product information and any misinformation will be directed back to the merchants.
All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Product image as seen on the Site may slightly differ from the actual.
3. Ordering Items
3.1 Once you have placed your order we will send you an order confirmation. This email is merely a confirmation that we have received your order and does not constitute acceptance of your order.
To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information, which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site. You shall not misuse the Site by creating multiple user accounts.
4. Prices and Payment
4.1 All prices provided on the Website are in Malaysian Ringgit.
4.2 We accept payments in Malaysian Ringgit only by online banking or specified e-wallet services. We may accept other forms of payment from time to time, which will be clearly indicated on our Website.
4.3 ATLAS ICE aims to dispatch items within the selected arrival time. Our office hours for shipping are from 9am to 5pm, Monday to Friday. Please note that estimated delivery times are to be used as a guide only and commence from the date of dispatch.
4.4 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 reconfirming 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 displayed in Malaysian ringgit. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfill 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.
5. Refusal of Order
5.1 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.
5.2 If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
5.3 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.
6. Delivery
6.1 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).
6.2 We shall not be liable for delays in shipment due to faults of the carrier, and therefore these delays will not result in refund of shipment cost, however, we will make reasonable efforts to assist you with respect to such delays in a timely manner.
6.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact ATLAS ICE Customer Service Team at + 603 9221 1112 or drop us an email us at Ask@atlasice.com.my in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
6.4 Please note that it might not be possible for us to deliver to certain locations. In such event, we will inform you at once with the contact details that you have provided for arrangement of alternative delivery address or cancellation of the Order. We will not refund or exchange products that were shipped to an inaccurate address as a result of missing details and may incur additional shipment cost to your purchased Products.
6.6 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, 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 ATLAS ICE in the future.
6.7 All risk of loss and damage of the Products shall pass to the Buyer once the package is shipped from ATLAS ICE.
6.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (during 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 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. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7. Returns
7.1 ATLAS ICE strictly does not accept refunds of ice products sold.
7.2 For non-ice products, customers must inform the ATLAS ICE team within 14 days after delivery ONLY if they are incorrect, damaged, or defective:
a) The item is not the item that you ordered. Model, size, or colour is different from what is indicated on the order summary, or there are missing items or parts inside the packaging.
b) The item is found already damaged at time of delivery.
c) The Product is defective and does not function as described by the manufacturer’s specifications.
7.3 All Orders must meet the conditions in our Return policy.
7.4 ATLAS ICE team must receive the return item no later than 14 calendar days after delivery.
7.5 Item must be in new condition and returned in the original packaging along with all accessories. All packaging must be unopened, unused, unmarked and not defaced in any manner. Item must not have been used.
7.6 If the Order is eligible for return as described above, the Customer will be eligible for an exchange subject to the reason of return.
7.7 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
7.8 ATLAS ICE may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy.
7.9 In the event the Product returned is not faulty, we may at our discretion decide not to replace or refund you for the Product, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
8. Loan of PVC Box(es)
8.1 Please note that for Combo packages (product codes T05LCB06, B05LCB06, T05LCB12, B05LCB12, Q06LCB06), the PVC box(es) is property of ATLAS ICE.
8.2 It should not be construed as being given to customers. It is loaned for customer convenience.
8.3 ATLAS ICE shall collect the box(es) within 3 days after delivery.
9. Intellectual Property Rights
9.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of ATLAS ICE or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by ATLAS ICE and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
9.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of ATLAS ICE in Malaysia and other countries. ATLAS ICE's trademarks may not be used in connection with any product or service that is not provided by ATLAS ICE, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ATLAS ICE. All other trademarks not owned by ATLAS ICE that appear on the Site are the property of their respective owners.
9.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from our licensors or us. In the event ATLAS ICE becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
9.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ATLAS ICE or its licensors.
10.Limitation of Liability
Save to the extent required by law, we shall not be liable for any inaccuracy, error, mis-description or omission in any description of an Item marketed on the Website or otherwise.
To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, loss of business opportunity, wasted expenditure, goodwill, reputation or revenue or for any indirect consequential or economic loss or damage whatsoever howsoever arising out of or in connection with these Terms or the performance of the Agreement or any breach of the Terms or Agreement by us.
Our aggregate liability to you under these Terms shall be limited to a sum equivalent to the total value of your order.
We shall not be liable to you for any loss or damage arising as a result of us being prevented from performing our obligations under these Terms by reasons of circumstances beyond our reasonable control.
None of the provisions contained in these Terms affect your statutory rights.
11. General
You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated. No person other than ATLAS ICE or a Buyer shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated. These terms shall be governed in accordance with Malaysian law.