TERMS OF SALE
Welcome to The Modernist™. The Modernist™ is brought to you by Beccaria Luxury Sdn Bhd. This document, together with the additional information available on www.themodernist.com.my (the “Site”) constitutes the Terms of Sale (“Terms”) in force between the user of the Site (“You” or the “User”) and the Modernist™ (referred to in these Terms as the "Service Provider", "Us" or “Our”). It governs the contractual relationship between You and the Service Provider in relation with any purchase made on or through the Site (the “Transaction”). At the time of verification of your order by checking the box provided for this purpose and clicking the "CHECK OUT" button, You hereby state that You fully and unconditionally accept these Terms, confirming Your intent to order products on the Site (the “Order”). Please read carefully the Terms before proceeding to any Transaction through the Site.
Requests for information should be made to Customer Care. For further assistance, please go to the Service Provider FAQS section where you will find information on orders, shipping, refunds and returning products purchased on the Site.
1. OUR BUSINESS POLICY
1.1 The offers products for sale on the Site and its e-commerce business services are available exclusively to its end users, i.e. "customers". The Service Provider reserve the right to only accept orders from those over 18.
1.2 “Customer" means any individual who is acting for purposes outside of his or her trade, business or profession. If you are not a "customer", please do not buy any products on the Site.
1.3 The service provider reserves the right not to accept orders received from users who are not "customers".
1.4 These Terms exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on the Site between the users of the Site and the Modernist.
1.5 The Terms do not apply to the provision of services or the sale of products by third parties that are present on the Site via links, banners or other hypertext connections. Before placing orders and purchasing products and services from third parties, the Service Provider recommend that you verify their terms and conditions. Under no circumstances shall the Modernist be deemed liable for the supply of third party services or for the execution of e-commerce transactions between users of the Site and third parties.
2. OPERATION OF THE SITE
The Site is a secure online platform that allows Users to place an Order online and receive by mail the articles or goods offered for sale on the Site (the “Product(s)”).
3.1 The images of the Products on the Service Provider site are for illustrative purposes only. Although the Service Provider have made every effort to display the colours accurately, the Service Provider cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on the Service Provider site.
3.3 All Products shown on the Service Provider Site are subject to availability. The Service Provider will inform you by e-mail as soon as possible if the Product you have ordered is not available and the Service Provider will not process your order if made.
4. PLACING AN ORDER
4.1 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. To place an order for one or more products on the Site, you must add items to your shopping bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.
4.2 Before proceeding to purchase, the Service Provider ask that you carefully read these Terms and the Return Policy.
4.3 Before completion of your purchase at the Site, please read through the Service Provider’s Terms, a summary of the main characteristics of each product ordered and its unit price (including all applicable taxes, duties and fees), the type of payment you may use to purchase each product, shipping methods for the purchased products, shipping and delivery costs (including any additional fees you may be charged if you choose shipping that is faster than and/or different to standard shipping), the Service Provider's information and the expected delivery date of the products.
4.4 All orders are subject to stock availability of the Product(s). Items in your shopping cart are not reserved and may be purchased by other Users until the confirmation of Your Order.
4.5 The order will be entered in our database for the time required to process your order and as stated by law. You may access your order under “View All Orders” within your account.
4.6 English is the language used for finalising the contract with The Modernist.
4.7 After your order has been placed, the Service Provider will process your order and send you an automatic acknowledgment of receipt. However, this does not constitute acceptance of your order by the Service Provider nor does a contract between you and the Service Provider exist at this point in time. The Service Provider 's acceptance of your order will take place when the Service Provider emails you to confirm that the order has been dispatched, at which point a contract will come into existence between you and the Service Provider. The acceptance email represents an electronic purchase order receipt and contains the courier tracking details and all relevant information relating to your order. Any Order placed on a holiday or weekend will be processed the next business day.
4.8 If the Service Provider is unable to accept your order for any reason (including any of the reasons described in Section 5);
4.9 or if a product is out of stock), the Service Provider will inform you of this.
4.9 The Service Provider shall have the absolute right to cancel your order at its sole discretion, even after accepting it, in the following circumstances:
The Service Provider has identified an obvious and unmistakable error in the price or description of the product; or
The Service Provider suspects illegal or fraudulent activity; or
The Service Provider reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address; or
You have not complied with these Terms.
If so, the Service Provider will notify you as soon as possible of such cancellation and require you to return the products if they have already been delivered to you.
4.10 By placing an order, you unconditionally accept and undertake to observe the provisions of these Terms as well as further conditions contained on the Site, including those accessed via links, and including all the Terms which has been published on the Site. Should you not agree with certain provisions of these Terms, please do not complete your purchase on the Site.
If you wish to cancel or modify your Order before the shipment of Your Products, You may contact the Service Provider as soon as possible at the following phone number +6011 1601 9856. The Service Provider will, at its sole and absolute discretion to accept your request. The Service Provider cannot warrant that the Order will be cancelled or modified upon your subsequent request.
5. AVAILABILITY OF PRODUCTS
5.1 Images of the Products on the Site are provided for information purpose only on the Service Provider’s collection and publication on the Site shall not constitute an offer.
5.2 The publishing of Products’ descriptions on the Site shall only constitute an invitation to make an offer. By placing an Order, the User is making an offer to the Service Provider, and the Service Provider has the absolute right but not the obligation to accept or reject the offer, in the Service Provider’s sole discretion.
6. CHARACTERISTICS OF PRODUCTS
The authoritative description of the Products is the description published on the Site at the time of the Order (for more information, please contact our Customer Service).
7. GUARANTEES AND PRODUCT PRICE INDICATION
7.1 The Site exclusively sells luxury and high end products, mainly second-hand and/or pre-owned products in excellent condition. These products are offered by fashion houses, dealers and individuals collectors to the Service Provider with the intention to sell and/or consign, the Service Provider carefully selected for their stringent quality control.
7.2 The main characteristics of the products are shown on each product page on the Site. The images and colours of the products offered for sale on the Site may not correspond exactly to the true garments due to the Internet browser or monitor used.
7.3 From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors.
7.4 Please check the final price before placing your order. In the event of a recognisable error in the indication - by the Service Provider - of the product price or calculation of the amount requested at payment, the Service Provider will reject the order and contact the User to offer them the opportunity to purchase the product(s) at the correct price. You acknowledge, understand and agree that Products may be subject to customs duties, postal, tax or any other additional costs to transport, import or deliver the Products in Your country of residence or delivery. These taxes are independent from the Service Provider’s control. You agree, if applicable, to fully bear these additional costs which will appear before You check the box related to the Terms and click on the “CHECK OUT” button.
7.5 The Service Provider cannot accept purchase requests from countries not listed on the splash page.
7.6 All products come with certified authenticity and designer tags (where applicable) attached.
7.7 The Service Provider is under a legal duty to supply products to you as a customer that are in conformity with the contract between you and the Service Provider. Nothing in these Terms or the Return Policy will affect your legal rights. If you believe that the products the Service Provider has supplied do not conform with the contract between you and the Service Provider, please contact Customer Care. If you wish to exercise your legal rights to reject products, the Return Policy applies.
8.1 Payment of the price of the products and the costs of their shipping and delivery must be made using one of the methods indicated on the payment page. Under no circumstances will you be charged more than the cost incurred by the Service Provider relative to the payment method chosen by you.
8.2 In the case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent via an encrypted protocol to the banks which provide remote electronic payment services to the Service Provider, without third parties having any access whatsoever thereto. These details will not be used by the Service Provider except for carrying out procedures relevant to your purchase, or issuing refunds in the case of returns, subsequent to the exercise of your right to return, or for reporting cases of fraud on the Site to the police or other authorities. The purchase price of the products and the costs for their delivery as indicated on the order summary page will be charged to your account at the moment in which your order is shipped.
8.3 Payment for the Products and all applicable delivery charges is in advance. The Service Provider will not charge your debit card or credit card until the Service Provider dispatch your order.
9. PROMOTIONAL CODES
9.1 Promotional codes allow you to take advantage of a discount on your purchase on the Site.
9.2 The promotional code box is displayed on the payment page at checkout: after you have added items to your Shopping Bag, enter your promo code and then press the “submit” button for the discount to be applied.
9.3 Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
9.4 If for any reason you wish to return an item to which you applied the promotional code, you should follow the standard return procedure. You agree and accept that it will be subjected to the Service Provider’s sole discretion whether the Service Provider would accept your Order to be returned. If your return has been accepted, the respective code can be used again if it hasn’t expired. The Service Provider will issue a store credit for the difference in price between the promotional code and the item you purchased, according to the time frame of the applicable refund procedure.
10. CLEARANCE SALES
10.1 Clearance sales are open to all registered customers.
10.2 Customers must be registered to participate in Clearance sales.
10.3 All items are sold on a first come, first served basis and must be purchased before the relevant clearance timer expires.
11.1 After you place an order, you will receive an e-mail from the Service Provider acknowledging that the Service Provider have received your order. However, please note that this does not mean that your order has been accepted.
11.2 The Service Provider will confirm our acceptance to you by sending you an e-mail which confirms that the Products have been dispatched (“Shipping Confirmation”). The Contract between You and the Service Provider will only be formed when the Service Provider send you the Shipping Confirmation.
11.3 The Service Provider require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by the Service Provider and transfer of responsibility in the same way. The goods are your responsibility from the time the Service Provider deliver them to the address You gave the Service Provider. You own the Products once the Service Provider have received payment in full, including all applicable delivery charges.
12. INTERNATIONAL DELIVERY
12.1 The Service Provider delivers to specified countries. However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
12.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that the Service Provider has no control over these charges and the Service Provider cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. The Service Provider will not be liable or responsible if you break any such law.
All Orders placed on the Site are sent with their original box and accessories (such as a dust bag, authentication tag if any, depending on the type of Product), and carefully packed.
14. RETURN POLICY
14.1 ALL SALES ARE FINAL ONCE THE ITEM IS AUTHENTICATED AND DELIVERED, AND NO REFUND REQUESTS WILL BE HONORED REGARDLESS OF THE CURRENT VALUE OF THE ITEM. If you experience a problem with your purchase or an item, please contact us at firstname.lastname@example.org. If there is a problem with an item you received, you must contact us in writing within 3 days after receiving the item with a detailed description of the problem. The Modernist verification tags or stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit).
14.2 If you receive an item that you believe is inauthentic, you may qualify for a full refund subject to the provision of a written statement of non-authenticity or letter of evidence from Real Authentication. The Item(s) must be returned unused or unopened, and with the original receipt, designer garment tags attached, and any related accessories or packaging included.
14.3 The Service Provider reserves the right to refuse returns of any merchandise that the Service Provider determines does not meet our return/exchange requirements. Please view our Return Policy for more details.
14.4 Any charges incurred for returning goods back to the Service Provider for refund are the responsibility of the customer.
14.5 You will receive your refund credit within fourteen (14) days of the item(s) being received back at the Service Provider warehouse. An email will be sent to confirm.
14.6 Clearance-priced merchandise may not be returned or exchanged with the Service Provider. All sales are final.
16. ERRORS AND INACCURACIES
The Service Provider’s purpose is to provide You with comprehensive, accurate and up-to-date information on the Site. It is unfortunately not possible to warrant that a website is entirely free from human or technological errors. This Site may contain typographical errors, inaccuracies or omissions, some of which may be linked to the price, availability, or information on Products. The Modernist reserves the right to correct such errors, inaccuracies or omissions, even after an Order has been submitted, and to modify or update the information at any time without prior notice.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 These Terms (including the Return Policy), their subject matter and formation, are governed by Laws of Malaysia.
17.2 In the event of a dispute between the Service Provider and you arising from the Terms (including the Return Policy), you and the Service Provider both agree that the Courts of Malaysia will have exclusive jurisdiction.
18.1 Communication between You and the Service Provider, when we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact the Service Provider for any other reason, you should do this by e-mail email@example.com. You can always contact the Service Provider using the Customer Services contact form.
19. MODIFICATION OF TERMS
The Modernist may at any time amend the Terms, without prior notice. It is Your responsibility to regularly check the Terms to remain informed of their latest amendments.
You hereby agrees to indemnify and keep the Service Provider, their respective employees, officers, directors, agents, suppliers, licensors fully indemnified against any and all claims, demands, charges, costs, actions, losses, expenses, damages, liabilities, costs (including, without limitation, interest, penalties and reasonable attorneys' fees) and judgments arising from a third party claim against the Service Provider on a full indemnity basis.
21. FORCE MAJEURE
If the transportation or delivery of any Order is prevented, restricted or interfered with by reason of any event or cause whatsoever beyond the reasonable control of the Service Provider including, but not limited to, fire, storm, flood, earthquake, explosion, accidents, acts of God or of the public enemy, riots, public disorders, strikes, labour disputes, transportation embargoes or delays, failure of common carriers, shortages of any Products, or acts or regulations or priorities of the government or branches or agencies thereof, the Service Provider shall be excused from making deliveries hereunder to the extent of such prevention, restriction or interference.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, and miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect in the construction or interpretation of this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. The Service Provider may change the terms and conditions of this Agreement from time to time. The most current version of this Agreement will be available at www.themodernist.com.my/terms-of-sale.
YOU, THE USER OF THIS SITE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
23. CONTACT US
If you have any questions relating the Terms of Sale, please contact our Customer Care team:
Level 35-02 (East Wing), Q Sentral, 2A, Jalan Stesen Sentral 2,
KL Sentral, Kuala Lumpur 50470, Malaysia.
Phone: +603-2731 9225
Whatsapp: +6011-1601 9856
The Modernist reserves the right to amend this Terms of Sale at any time. The version published on the Website is the one currently in force.
Last updated: June 30th, 2022