Terms & Conditions
We want you to enjoy your online shopping experience at www.a-jane.com (herein referred to as the "Site"). These Terms and Conditions (herein referred to as the "T&Cs") apply to the Site and form the T&Cs on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to these T&Cs.
The Site is operating under A-JANE (Malaysia) Sdn Bhd. 201725213C ("we", "us", "A-JANE"), a business registered in Malaysia. Our registered address is at Suite 13-10, Level 13 Johor Bahru City Square, 106-108 Jalan Wong Ah Fook, 80000 Johor Bahru, Johor. If you need to contact us, you can also email us at info@a-jane.com
If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. "Writing" or "written" in these T&Cs includes emails.
Copyright
We are the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without A-JANE's prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site. Violations are punishable by law.
Trademark
The "A-JANE" brand and logo are officially trademarked identifiers of our company. Any unauthorized use of the A-JANE brand, name and/or logo are strictly prohibited. Authorization from any such use must be in the form of a written authorization letter by A-JANE in response to your formal written request. Violations are punishable by law.
By You Using this Site...
As a condition of your access to and/or use of the Site, you warrant that all information supplied by you on the Site is accurate, current and complete; you are 18 years of age or older in order to access and/or use the Site; and you will not copy or distribute any part of the Site in any medium without A-JANE's prior written authorization. You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our T&Cs for the Site, we will post the revised T&Cs here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our T&Cs. Your continued use of the Site indicates your full understanding and agreement to the T&Cs as posted.
What's Not Allowed
You agree and undertake not to: use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws; impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or 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 Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
Any Links to 3rd-Party Sites
The Site may contain links to third-party websites that are not affiliated with or owned, operated, or controlled by A-JANE, including third party payment system providers. You acknowledge and agree that A-JANE is not responsible for the content, privacy policies, or practices of such third-party websites or the companies that own them. By using the Site, you expressly relieve A-JANE from any and all liability arising from your access and use of any third-party website. We encourage you to review the terms and conditions and privacy policies of any third-party websites before using them and disclosing your personal data to them.
Warranties & Liabilities
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from: (a) life or wear of any Product or that it 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 A-JANE; (b) improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party; (c) third-party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and (d) any warranties provided under these T&Cs if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third-party service providers such as internet, network, connectivity or other link providers. Your payment for any Product purchased from the Site is processed by third party payment system providers and we do not retain or process any such payment information. We cannot guarantee the security of such third-party payment system(s) or any payment data on the Site, we are not responsible for any acts or omissions of any third-parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third-parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of A-JANE and our affiliates under any Order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.
Indemnities
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of your access of, use of and/or participation in this Site, including (i) any claims of infringement of a third party’s rights; (ii) damage to tangible property, bodily injury, or death; (iii) negligence or willful misconduct caused or attributable to you or any of your agents, and (iv) breaches of your obligations under these T&Cs.
Termination
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including: (a) Immediate, temporary or permanent withdrawal of your right to use and/or access the Site; (b) Issuing a warning to you; (c) Commencing legal proceedings against you for loss resulting from your breach; and (d) Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Your Order & Making Payment
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment within two hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically. In the event that any Product has been mis-priced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you. We accept all major credit cards and PayPal.
Products, Descriptions, Defects
We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to photography lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
Minor variations in measurement (within 0.8 inches) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate. If you believe you have received a defective item, at info@a-jane.com with your order number, and a photograph of the defect.
Postage will be reimbursed for all items acknowledged to be defective. All items mailed back to us must be unworn, unwashed, unaltered, and with its tags intact. If the replacement piece is no longer in-stock, store credit or a refund will be issued.
We Can Terminate Your Order
We may terminate the Order at any time by writing to you if:
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You do not make payment to us when it is due;
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You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
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You do not, within a reasonable time, allow us to deliver the Product to you;
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If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Personal Data
We may collect, use and disclose personal data that you provide to us to supply the Product to you, process your payment for the Product, to send you newsletters if you have registered for our mailing list, and other specified purposes. Please see our Privacy Policy for more information.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
(hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Other Stuff
No Relationship: Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and A-JANE.
Assignment: You may not assign these T&Cs or any rights or obligations under these T&Cs to any party.
Waiver & Severability: The failure of A-JANE to enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.
Third-Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
Entire Agreement: These T&Cs, which expressly incorporate the Privacy Policy and the terms and conditions referred to therein, constitute the entire agreement between you and A-JANE relating to the subject matter hereof, and supersedes any and all prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
Governing Law: These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malaysia. Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Malaysia.