TERMS & CONDITIONS FOR ONLINE SHOPPING
This Website is operated by Milo’s for Milo’s Bali. The following Terms and Conditions create a legally binding agreement between you and Milo’s (“we” or “us” as the context may require).
By accessing and/or using any part of this Website and/or using any of the services provided via this Website and/or purchasing or attempting to purchase any product or service on this Website, you (“the Customer” or “you”) shall be deemed to have accepted and thereby be legally bound by the terms and conditions set out below (these “Terms and Conditions”).
1.1 These Terms and Conditions contain the provisions in the contractual relationship entered into between you and Milo’s which you agree to be binding and enforceable at the time you access and/or use this Website and purchase or use any of the products or services provided by Milo’s via this Website. You are deemed to have read, understood and accepted these Terms and Conditions.
1.3 Milo’s reserves the right to modify, add, vary or amend all or part of these Terms and Conditions from time to time without prior notice to you. Your use of this Website and any of the services provided here after such changes are posted on this Website, shall be deemed an agreement by you to these Terms and Conditions as modified.
1.4 Any purchase made through this Website will be subject to the version of these Terms and Conditions that was in force at the time of the order being placed (that is, when the order is received by Milo’s following your clicking on the ‘Place Order’ button). Whenever you make a purchase through this Website, Milo’s encourages you to print and save a copy of the Terms and Conditions in force at that time of the purchase for your own records.
1.5 Milo’s reserves the right to modify or discontinue, temporarily or permanently, this online Shopping service (or any part thereof) with or without notice at any time. These Terms and Conditions will continue to apply to any orders that have been accepted in accordance with the section “Submission and Acceptance of Orders” below.
1.6 All the Products offered for sale or sold by Milo’s through the Website are sold subject to these Terms and Conditions and these Terms and Conditions shall prevail over any other document purporting to have a contractual effect between you and Milo’s. Nothing in this document shall affect any statutory rights that you may have under applicable legislation.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 This Website and all materials, including but not limited to photographs, illustrations, data, text, images, logos, maps, plans, literary, artistic, musical works and all representations, information and all works in any media or format whether relating to activities, programs, products and/or services offered by any part of Milo’s and its affiliates (the “Contents”) appearing on this Website are proprietary to and are protected by copyright, trademark and other forms of intellectual property rights (“Intellectual Property”).
2.2 Except as otherwise expressly provided and agreed to in writing by Milo’s, you are strictly prohibited from using, uploading, downloading, copying, reproducing, re-publishing, transmitting, communicating, distributing, disseminating, decompiling, disassembling, modifying, adapting in any way, the Contents or any part thereof.
2.3 Milo’s retain all rights, title and interest in all Intellectual Property in the Contents and all concepts, systems, whether written or graphic and all other materials on this Website.
3. ACCESS TO WEBSITE
3.1 Milo’s reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address to this Website at any time in its sole discretion, and without providing any notice or reason.
4.1 No data transmissions over the Internet or via wireless networks can be guaranteed to be secure. Consequently, Milo’s cannot and does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
4.2 Any questions, comments, suggestions, feedback and/or information which is sent to us via this Website will be deemed to have been provided voluntarily on a non-confidential and non- proprietary basis. Milo’s reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere on the Internet or on any written form, such information, including but not limited to, disclosing such information to its affiliates or partners in connection with the development, marketing, manufacturing of products and services.
5. SECURITY OF WEBSITE
5.1 You hereby expressly acknowledge and agree that:-
5.1.1 This Website is provided on an “as is” basis without warranties of any kind and Milo’s does not warrant that the functions provided in this Website will be uninterrupted or error-free, or free from computer viruses or other harmful components, or unauthorised software, or that any defects will be corrected;
5.1.2 Milo’s does not warrant and hereby disclaims to the fullest extent permitted by law, any warranty as to the accuracy, reliability, timeliness, of the Contents including in particular the use of any representations and images;
5.1.3 To the fullest extent permitted by law, Milo’s is not responsible for and shall not be liable for any injuries, losses or damages of any kind arising out of or in connection (whether directly or indirectly) with your use of this website. Accordingly, you hereby release Milo’s and all of its affiliates (and its agents, representatives, parent company, related companies and associated companies, subsidiaries, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses or damages of any kind arising out of or in connection with your use of this website;
5.1.4 Any material which you download or otherwise obtain through the use of this Website (such actions being strictly prohibited), is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data or other liability that may result from the download of any such material. Neither Milo’s nor any of its affiliates shall be liable or responsible for any computer virus, malware, communication line failure, interception of online communication, software or hardware problems (including without limitation to loss of data or compatibility problems), theft, destruction to your computer system or any other losses or damage resulting directly or indirectly from access to or use of this Website, or any uploading, downloading of any Contents or information (all of which are not authorised) from this Website.
5.1.5 While the Milo’s shall use our best endeavors to prevent any unauthorised entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
5.2 You agree to indemnify and hold Milo’s and each of its affiliates including, all directors, officers, employees and its agents, representatives, parent company, related companies and associated companies, harmless from any claim, loss, damages, demand or costs (including solicitors’ fees on a full indemnity basis) which Milo’s or any of its affiliates and/or Hotel Affiliates may suffer or incur due to or arising out of in connection with:-
5.2.1 Your breach of any of the provisions of these Terms and Conditions; and
5.2.2 Otherwise in connection with these Terms and Conditions and your use of this Website.
6. ELIGIBILITY CONDITIONS FOR PURCHASE
6.1 Milo’s reserves the right to only accept orders from you if you are of sufficient legal age and capacity to use this Website in accordance with these Terms and Conditions and to create binding legal obligations in relation to the access and use of this Website and the products or services.
6.2 In order to make purchases on the Website you will be required to provide your Personal Information. In particular, you must, where requested, provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
6.3 You agree that Milo’s may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of the information.
7. SUBMISSION AND ACCEPTANCE OF ORDERS
7.1 All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers.
7.2 You may place an order through the Website by clicking on the ‘Place Order’ button. Shortly after the order is successfully submitted, an acknowledgment will be sent to you at check out page. This acknowledgment confirms the details of your order and is not an acceptance of your order. Please note that the acknowledgment e-mail does not constitute a guarantee as to the availability of the Products.
7.3 You will be informed of the eligibility of the request as soon as practicable after we receive your request.
7.4 Once the item has been shipped, we will send you an email confirming the shipment of your order and this email will also contain a tracking number and invoice for your order.
7.5 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these Terms and Conditions. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion, and we will not be liable to you or any third party by reason of our refusal to process a transaction.
8. PRICING, CURRENCY AND TAXES
8.1 All prices and offers remain valid as advertised from time to time. The relevant price of a product in a currency displayed on the Website at the time the order is placed will be honored, except in cases of patent error.
8.2 If you are a customer whose credit/debit card is not denominated in the Website’s transaction currency, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
9.1 Payment can be made by
- Direc Bank Transfer in Indonesian Rupiah or US Dollar
- Through MyShortCard
- Credit Card, Visa, Master Card
- ATM Bersama
- Doku Wallet
- PayPal for US Dollar transactions
10. PRODUCT AVAILABILITY / DESCRIPTION OF PRODUCTS
10.1 Milo’s has taken care to ensure that the Product illustrations, colours and information are as accurate as possible, but photograph and images that are shown on the Website are only representations and the actual Products that are delivered to the Customer may appear differently to how they appear on your computer screen. In relation to Product colours, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
11 INSURANCE AND DELIVERY
11.1 Milo’s insures each purchase during the time it is in transit until it is delivered to your specified delivery address.
11.2 We aim to dispatch all orders within 72 hours. Milo’s give free shipping for standard shipping to all Indonesia deliveries through TIKI and charge for standard shipping for all International deliveries through UPS. Milo’s may also offer additional shipping options from time to time and charges will be displayed during the checkout process.
12. RETURNS AND EXCHANGES POLICY
12.1 Milo’s does not process exchanges. If you wish to exchange a Product you have purchased for a different Product, you must return your original purchase in accordance with the process below and place a separate order for the other Product.
12.2 If you wish to return an item, a Returns Merchandise Authorisation (“RMA”) should be requested within ten (10) days of receiving your order. You can request an RMA by sending us an email that said the reason why you want RMA. We only accept returns that follow the above process and are serviced by TIKI and UPS.
13. APPLICABLE LAW
13.1 Your use of this Website shall be governed by, and interpreted in accordance with the laws of Indonesia.