PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AND CHECK THEM PERIODICALLY. THE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. ALL SUCH CHANGES WILL BE BINDING UPON YOU AS OF THE REVISED EFFECTIVE DATE. YOU MAY NOT AMEND OR MODIFY THE TERMS AND CONDITIONS UNDER ANY CIRCUMSTANCES. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGE IS POSTED TO THE SITE WILL BE CONSIDERED YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, THEN DO NOT USE THE SITE.
This Site belongs to Shamrock Botanics (registered under Laminates (M) Sdn Bhd) (“Shamrock”, “we”, “our” or “us”). Shamrock reserves the right to withdraw or amend the Site, and any service or Content (defined below) provided on the Site. Shamrock will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Shamrock may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.
Certain areas of the Site may require you to register, setup an account or may otherwise ask you to provide information, including personal information, to participate in certain features or to access certain content. The decision to provide any of your information is purely voluntary and optional; however, if you elect not to provide us with certain information, you may not be able to access certain content or participate in certain features of the Site. If you are under the age of 18, you may not register or setup an account. You represent and warrant to us that all of the information and data provided by you is accurate and truthful in all respects.
If you create an account on the Site, you agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which you choose and (ii) all activities that occur under such password or account identifiers. You also agree to notify Shamrock of (a) any loss of your password or account identifiers and (b) any unauthorized use of your password or account identifiers. We will 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 of these Terms and Conditions. If you provide us with your email address during account setup, registration or otherwise, you consent to receive communications from us electronically.
2. Price and Products
Shamrock shall make every effort to ensure that prices, details, and sizes of products on this website are up to date. Prices are subject to change without prior notice and all orders are subject to Company’s acceptance at its sole discretion and stock availability. The prices charged are those applicable on the day you order.
Shamrock shall make every effort to ensure the products displayed on the website are in stock. If from time to time products become out of stock, Shamrock reserves the right to offer alternative product(s) to the Customer of similar value and range.
All orders are subject to confirmation of final availability and we reserve the right to reject the order in the event that any of the products or services requested are unavailable. In the event that we are unable to fulfil any of the products or services in your order, we will notify you by phone or email.
All pictures and images of the products displayed on this site are for illustration purposes only. The actual size, dimension, and colour of the products may differ.
3. Conditions For Use
All products displayed on this site may contain chemical substances that may cause irritation to the skin and/or respiratory system; therefore, it should be handled with care only by competent, suitably trained persons, familiar with potential chemical hazards. All products are supplied on the condition that you accept solely the total responsibility for the use and any misuse of the products.
4. Links to Third-party Websites
This Website may provide links to certain Internet sites sponsored and maintained by third parties. Shamrock is providing such links solely as a convenience to you. Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this Website Accordingly, Shamrock makes no representations concerning the content of the Third-Party Websites.
The fact that Shamrock has provided a link to the Third-Party Website does not constitute an endorsement, authorization, sponsorship, or affiliation by Shamrock with respect to the Website, its owners, or its providers. Shamrock has not tested any information, software, or products found on any of the Third-Party Websites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.
Shamrock accepts no responsibility for the content, accuracy or function of these other websites. The links are provided in good faith and Shamrock cannot be held responsible for any subsequent change in other websites to which we provide a link. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
5. Warranties and Liabilities
Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to Shamrock within 30 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you fail to notify Shamrock accordingly, you shall not be entitled to reject the Goods and Shamrock shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered In accordance with the Contract.
Any claim by you which is based on short delivery or non-delivery shall be notified to Shamrock (in the case of short delivery) within 7 days of delivery and (in the case of non-delivery) within 30 days of receipt by you of Shamrock’s Invoice for the goods which you claim have not been delivered. If you fail to notify Shamrock accordingly you shall not be entitled to reject any goods that have been delivered and Shamrock shall have no liability for such short delivery or non-delivery.
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to Shamrock in accordance with these Conditions, Shamrock shall be entitled to replace the Goods or (refund to you the price of the Goods) (or a proportionate part of the price), but Shamrock shall have no further liability to you.
Except in respect of death or personal injury caused by Shamrock’s negligence, Shamrock shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever(and whether caused by the negligence of Shamrock, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by you, except as expressly provided in these Conditions.
Shamrock shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Shamrock’s obligations in relation to the Goods if the delay or failure was due to any cause beyond Shamrock’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Shamrock’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance, or requisition;
- acts, restrictions, orders, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- epidemic or pandemic;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- difficulties in obtaining raw materials, packaging, labour, fuel, parts or machinery;
- power failure or breakdown in machinery
6. Disclaimer and Limitation of Liability
The site and all content, and functionality included on or otherwise made available to you through the site, are provided to you on an “as is” and “as available” basis. Shamrock does not warrant that the content of the site is accurate, complete, reliable, current, or error-free. Neither Shamrock nor its third party providers make any representations or warranties of any kind, express or implied, as to the operation or availability of the site or content, or functionality included on or otherwise made available to you through the site. The content on the site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You expressly agree that your use of (or inability to use) the site or submission of information, is at your sole risk.
Your sole and exclusive remedy for any of the above claims or any dispute with Shamrock related in any way to the use of the site is to discontinue your use of the site.
You will indemnify and hold harmless Shamrock and its affiliates, and our or their respective directors, officers, employees, agents, representatives, licensors and third party providers (collectively, the “Indemnitees”), on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the Shamrock Indemnitees, and shall defend the Indemnitees against:-
(1) all claims arising out of or relating to your use of the Site, including that any Submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of the Site or the Terms and Conditions, or use thereof by any Indemnitee, infringes, misappropriates or otherwise violates any trademark, trade secret, patent, copyright or other intellectual property right or proprietary right of a third party;
(2) all claims arising out of or relating to fraud committed by, or the intentional misconduct or gross negligence of, you; and
(3) all claims arising out of or relating to your failure to comply with, or breach by you of, any provision of the Terms and Conditions. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Indemnitees.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this section and, in such case, you agree to pay for all costs and expenses arising out of or relating to such defence and to cooperate with us in the defence of such matter, at your sole cost and expense.
This indemnity survives termination of these Terms and Conditions.
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
These Terms and Conditions shall be subject to any other agreements you have entered into with Shamrock.
9. Data Protection
10. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.