TERMS AND CONDITIONS
KLUTCHED’s ("KLUTCHED" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on KLUTCHED.COM. We recommend you should keep a copy of the TOS for future reference.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customer@KLutched.com.. We may change registration requirements from time to time.
ELIGIBILITY TO PURCHASE
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the KLUTCHED terms of eligibility, who have been issued a valid credit card by a bank acceptable to PayPal, whose applications are acceptable to KLUTCHED and who have authorised KLUTCHED to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.
Furthermore, you agree that we 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 that information.
ORDERS
All orders are subject to acceptance and availability.
KLUTCHED offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our factories. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to KLUTCHED. KLUTCHED will only take Advance Purchase orders for stock that has been scheduled for delivery our factories. Your rights regarding Advance Purchase are the same as those for any other purchase at KLUTCHED. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and issue you a credit note that can be used against any of our products within a 1 year period.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
PRICING POLICY
Prices shown on the Site are in USD at nett prices.
All prices and offers remain valid as advertised from time to time.
If you are a customer whose credit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
SALE PRICE ADJUSTMENT POLICY
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and KLUTCHED will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Malaysia and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation 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.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
PAYMENT
PayPal is designed from the ground up to be one of the safest ways to send money online. Unlike other financial institutions, our payments are sent without sharing financial information. In fact, PayPal never shares your financial information with or sells it to merchants.
How it works.
1. Your sensitive financial information is securely stored on our servers.
2. When you use PayPal to pay online, you provide only your PayPal email address.
3. The merchants/retailers receive payment from PayPal without ever seeing your financial information.
Security of your information and credit cards is assured with PayPal’s high level of data encryption, and further be kept vigilant with PayPal’s automatic email confirmation, which safeguards you against identity theft.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
All items are insured against theft and accidental damage whilst in transit from KLutched to the shipping address. Once your items have been delivered to the specified delivery address and signed for, they are no longer covered by insurance.
KLUTCHED insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We 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 KLUTCHED and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, KLUTCHED are not responsible for any delays caused by destination customs clearance processes.
TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique air waybill number which we emailed to you, and we will track your shipment for you.
KLUTCHED will store a record of your transactions for a minimum of one year.
RETURNS AND EXCHANGES
We accept exchanges for unsatisfied customers, but no returns or cash refunds. Please emailcustomer@KLutched.com for exchanges to be arranged. Please note we can only exchange items, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
KLutched will not bear the cost of the delivery back to us and the shipment cost of the new piece that has been exchanged.
IMPORTANT INFORMATION
- Please seek to return items for exchange or refund within 30 days of date of purchase. You need to email customer@KLutched.com to highlight your scenario.
- We recommend that you send all items you wish to return from an order in the same shipment to ensure your return is processed as quickly as possible.
- Items should be returned in their original packaging to ensure they are adequately protected in transit.
OUR POLICY
Items should be returned unused, and with all KLUTCHED tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
LATE RETURNS
Please seek to return items within 30 days of the date of your purchase. Returns outside these timeframes may be accepted at the discretion of KLUTCHED, and depending on the circumstances may only be refunded as a store credit.
If you would like to exchange a faulty item (instead of obtaining a credit note), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full store credit.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on KLUTCHED. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including KLUTCHED Software and all HTML and other code contained in this Site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by KLUTCHED and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
CONTENT
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. KLUTCHED tries to ensure that the information on this site is accurate and complete. KLUTCHED does not promise that KLUTCHED's Content is accurate, error-free. KLUTCHED does not promise that the functional aspects of the Site or KLUTCHED's Content will be error free or that this Site, KLUTCHED Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than KLUTCHED, including advertisers. KLUTCHED has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).
If KLUTCHED breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and KLUTCHED at the time of you placing your order, and KLUTCHED dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.
COMPENSATION
At our request, you agree to compensate us fully, defend us and hold us KLUTCHED harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and KLUTCHED as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of KLUTCHED, and we shall not be liable for any representation, act, or omission on your part.
NO WAIVER
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
GOVERNING LAW
The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant Malaysian law and the relevant will have exclusive jurisdiction.