Terms and Conditions of Use
Terms and Conditions
Welcome to the gatita.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, and by accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no prior and other notice provided.
Changes To Terms & Conditions
Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Use of the Site
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall 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.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Order Acceptance and Pricing
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we 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 to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
a. The price of the products and/or services shall be the price stated in the Site at the time when the Buyer makes its offer purchase. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to us in addition to the price.
b. Product prices listed on the Site are subject to change without any prior notice.
2. Orders & Payments
Placing an order
a. To review what is available to purchase, simply browse the Site. When you have arrived at the item you wish to order, select the quantity, color, size and package you wish to purchase and click on "Add To Cart". You will be asked to login to continue the next steps, please register if it is your first time shopping on the Site. You will then be asked to provide us with your shipping and payment (Credit Card) information.
b. Orders are processed Monday to Friday excluding public holidays. All orders are subject to bank authorization prior to processing. Only authorized orders will be processed and shipped. Once you have made payment your payment will be processed online immediately. Once your credit card details are verified by Banks, our system will proceed to stock ordering (we practice JIT Inventory System) and we shall pack your order after stock arrival and deliver it to you according to our shipping policy.
c. An Order Confirmation email will be sent to you after your payment is verified and with our acceptance. The email contains your order details including products reference, product description, invoice and delivery address. If you do not receive the order confirmation email within 3 business days, please check your order summary in “My Account "or your email junk folder. Alternatively, you may also contact our Customer Service Team for assistance.
e. We will send a Package in Transit Notification email on behalf of our logistic company to you after your order is shipped. You can find your tracking number/tracking link and the details of your shipment in the email. Please click the link provided to track your order. If you do not receive the package in transit notification email, please check your order summary in “My Account "or your email junk folder. Alternatively, you may also contact our Customer Service Team for assistance.
Forms of Payment
a. The Site accepts the following methods as forms of payment:
i) Credit Card
ii) Online Bank Transfer
b. The Site is set up to take immediate payments online via credit card (MasterCard™, Visa™), PayPal and Financial Process Xchange (FPX) at the moment. All prices on the Site are processed in RINGGIT MALAYSIA (RM).
Cancellation of Orders
a. You may request to cancel your order before it is shipped and/or delivered. All cancellation request will be processed within 3 business days. Once processed and confirmed, a cash voucher worth equal to the value of order cancelled will be credited into your account.
b. An Order Cancellation email will be sent to you after your cancellation request is processed and confirmed. If you do not receive the order cancellation email within 3 business days, please check your order summary in “My Account "or your email junk folder. Alternatively, you may also contact our Customer Service Team for assistance.
c. Before requesting to cancel your order, please read and understand the following terms & conditions:
i) All payments made are non-refundable in cash. Order cancelled will be refunded via cash voucher.
ii) Once a cancellation is completed, we cannot restore your order.
iii) The entire order will be cancelled once processed. Please re-order the item(s) you want.
iv) Any vouchers, discounts, or promotions used in conjunction with a cancelled order will NOT be valid or re-validated for any subsequent orders.
v) We cannot guarantee that the price, availability, shipping fee, or any other elements of a cancelled order will remain the same for any subsequent orders.
vi) Your refund will be processed and cash voucher credited to your account within 3 business days.
vii) The refund amount will be the net amount paid (or cash voucher used) by you and will not include any promotional/special discount amount.
viii) Please contact our Customer Service Team if your cancellation cannot be processed online.
a. In order to protect you as well as ourselves from fraud or other unauthorized or illegal activities, Gatita Yan will screen all orders and reserves the right to withhold or refuse processing of any orders due to suspected fraud or unauthorized or illegal activities. Gatita Yan may request a copy of your credit card statement via email to verify your payment. Gatita Yan also reserves the right to disable any member accounts or refuse to ship to certain addresses in case of suspected fraud or unauthorized or illegal activities.
3. Shipping & Delivery
Shipping and Delivery
a. Items purchased will be couriered via your chosen delivery method and you may expect to receive your package(s) within 1-5 business days for West Malaysia, and 2-5 business days for East Malaysia (Monday to Friday, excluding weekends and Public Holidays) after your order is shipped.
b. All available shipping options and their corresponding charges will be displayed to you on the checkout page, before proceeding with payment. While we are not a GST registered company, our courier partners are and thus all shipping charges are subject to GST at the rate of 6%.
c. Orders will be couriered between 9am - 5pm from Monday to Friday and half days (9am - 1pm) on Saturday.
d. Orders will only be delivered to street addresses in Malaysia. PO Box addresses are not accepted.
e. Please note that you will have to sign for your order. If you are unavailable at the time of delivery, the item will be couriered to you the next day. Please call the assigned logistic company and provide your tracking number to arrange for a redelivery.
f. If you are not at the delivery address at the time of delivery, the assigned logistic company will provide a notification card advising you of the process for redelivery. After three attempts (total) are made to deliver your order, it will be returned to Gatita Yan. Redelivery will be at the expense of the customer.
g. Gatita Yan will not be responsible for orders signed for by someone other than the designated recipient. If you wish to appoint a second party to collect the package on your behalf, you will need to sign a letter of authorization as a confirmation and indicate a second party at the point of purchase to identify the person.
h. While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
i. If you find that items are damaged upon delivery, please report to Customer Service Team on the same day with supporting evidence and your Invoice number. Reimbursement is subject to the courier company's discretion.
a. Once your order has been picked up by logistic company, tracking code would be available and you can then track the delivery status of your order either via the links provided in the Package in Transit Notification email or order summary in "My Account".
a. All items in the Site are made available for order. As we practice Just-in-Time ("JIT") inventory system, we will source our stock upon receiving order. There may be exceptions where promotional or special items will not be available for order once they are out-of-stock.
b. We strive to deliver your order within the delivery timing. However, please note that in the event of stock unavailability of items ordered, we may need to source from other stock locations. We will inform you within 2-3 business days and we seek your kind understanding in the delay of the shipment pertaining to stock availability.
4. Returns & Refunds
a. We are committed to providing quality products to our customers. As such, all items sold by us are covered under 7 days Easy Return policy, where you may return your item to us within 7 calendar days from the date you receive the item to the post stamp date on the return parcel.
b. The following are the reasons and requirements for a valid return:
c. All return requests will be processed within 48 hours and once approved, you are required to print out the Return Slip and arrange for shipping the package back to us. We recommend that you use a reliable courier service with parcel tracking services to prevent damages.
d. All courier fee will be reimbursed (up to original courier charges incurred during your purchase) if it is a valid return, except for those returns which fall under the reason of Change of Mind.
e. Please allow 2 to 3 business days for us to process your refund request after we received your package. We will update you the result of evaluation (Return success/denied) after our evaluation process.
f. In the unlikely event that your return does not meet the requirements, our Customer Service Team will notify you before sending it back to you. In this instance, your return courier/postal fee will not be reimbursed.
g. Gatita Yan reserves the right of final decision if the product returned is in unsatisfactory condition, or the above terms are not met.
a. Refunds can be processed in case of returns or cancellations. The Refund process will take up to 2 - 3 business days after we receive your package.
b. We will update you via email once your refund has been initiated. Cash voucher worth equal to the value of product returned/cancelled will be credited as cash voucher into your member account after the completion of the refund process.
c. All postage fees incurred for valid returns are eligible for reimbursement. Please read the terms below.
i) The reimbursement will be done via bank transfer, please provide us with the following information in order to proceed:
- Receipt for postage fee paid, along with tracking number of the return package/parcel
- Bank Name
- Bank Account No
- Account Holder Name
ii) The reimbursement amount is restricted to the original courier charges incurred during the purchase.
iii) For return done under the reason of Change of Mind, all courier charges and/or handling charges are non-refundable.
iv) All courier charges and/or handling charges are non-refundable if the Return was denied/unsuccessful.
5. Vouchers & Loyalty Point
The following terms and conditions apply to the redemption and use of vouchers and voucher codes (collectively as "Vouchers").
a. Vouchers are only valid on the www.gatita.com.
b. A valid code must be entered on the checkout page in order to successfully redeem a Voucher.
c. Voucher validity is limited in time (from a few hours up to 1 year). This guideline overrides any individual voucher policy.
d. Gatita Yan reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including but not limited to:
- suspicious or fraudulent purchasing activity or Voucher use;
- voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
- voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of re-selling)
e. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
f. Additional terms and conditions may be specified in relation to a specific voucher code (for example, duration, eligibility, discount amount and products covered, etc) and will govern the use and redemption of those vouchers.
g. Vouchers are not exchangeable/redeemable for cash.
h. Gatita Yan will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for but not limited to:
- discontinued or cancelled Vouchers;
- improper use of, or inability to redeem, a Voucher; or
- the inability to redeem a Voucher due to technical issues.
i. Gatita Yan reserves the right to change these terms & conditions or cancel any promotions at any time and without prior notice.
a. Our Loyalty Program is a brand-focused reward programme which allows our members to collect points and get rewarded on their spending. Just register a member account with us, and you can earn 1 Loyalty Point (worth RM0.50) for every RM5 spent in the Site. Loyalty Points are awarded based on the net value after deduction of discounts and voucher use.
b. Loyalty Points will NOT be awarded for the following:
- Cash Vouchers
- Loyalty Point Reward Vouchers
- Promotional Vouchers
c. Reward points are non-transferable and not exchangeable/redeemable for cash.
d. Loyalty Points will be available for redemption after completed payments. Loyalty Point Reward Vouchers will expire in 1 year from the date of redemption.
6. VIP Membership Program
a. Gatita Yan VIP Membership is non-transferable. Of which, only registered member can utilize the benefits and privileges that the membership entailed. Any violation may result in the termination of the membership.
b. By signing up as a Gatita Yan VIP member, you agree that:
- you have read, understood and accepted the terms & conditions;
- you are eligible for Membership benefits and privileges; and
- you have given consent to Gatita Yan for processing data that is personal to you, and disclosing such data to third parties, in accordance with our privacy statement.
c. Members are advised to notify Gatita Yan of any change of mailing address or other personal particulars to avoid correspondence being sent to incorrect address, email or mobile phone.
d. Each member account is eligible to upgrade to Gold VIP member only once.
e. In the unlikely event that there is any misuse or violation of the upgrade, Gatita Yan reserves the right to terminate the membership. In such circumstances, successful payments made only be refunded in the form of cash voucher.
f. The management of Gatita Yan PLT reserves the right to omit, add or amend the VIP Program's terms & conditions without prior notice. Any new or amended terms & conditions will override the existing VIP Program's terms & conditions.