TERMS AND CONDITIONS

THE CUSTOMER:

To be a client of this Site you must be a consumer, of legal age and with full legal capacity, and reside in country: Malaysia.

Customers must, upon placing their first order on the Site, open a client account and complete an order form containing certain mandatory fields for their product order to be processed by Tupo.my.

The information you give to Tupo.my when opening your customer account or upon any order, you may place must be complete, accurate and up to date. We may, if applicable, ask you to confirm – by any means – your identity and the information given.

Tupo.my collects personal data on the Site. Such data is required for processing orders and may be communicated, in whole or in part, to our service providers involved in fulfilling the order.

Customers are informed that such personal data is also collected by bodies in charge of analyzing orders and fighting against credit card fraud.

By Act no. 78-17 of January 6, 1978, in automated data processing, files, and civil liberties, you have a right to access, modify, correct, oppose and delete personal data concerning you. You may exercise this right by sending an email to our customer service cares.

Customers are also informed that, out of a concern with fighting Internet fraud, a check will be carried out with the competent banks and credit card companies via appropriate authority in charge of the storage and automated processing of information for all orders, including credit card details, in a secure environment.

THE PRODUCTS:

The products offered for sale are those featured on the Site. Tupo.my makes every effort to accurately present and describe the products, subject to technical constraints and by the highest standards on the market.  It is, however, possible that the Site may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the Site, Tupo.my agrees to remedy such noncompliance: you may either exercise your right of cancellation or else implement our warranty of merchantability.

ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card or the gift certificate used to make payment.

The customer acknowledges that he restricts himself only to personalize a Tupo.My designed product/garment and that that customization does will put form any artistic value. All intellectual property copyrights attached to the product/apparel are owned exclusively by Tupo.my. It is however agreed, as a pre-required condition to any customed product sale that the customer engages itself, in case of a creation of his own to transfer under Tupo.My guarantees:

The model, including the drawings, drafts, product specificities/technicalities potentially created by the customer on Tupo.my website and all copyrights attached to it.

The transfer includes the transfer of all exclusive rights :

  1. a)     To Make, copy, deal and sell the product
  2. b)     To Make, copy, deal and sell derivatives of the model or the drawings,
  3. c)     To grant any license or sub-license for the purposes explained above,

 Tupo.my considers that the customer by agreeing to the general sales terms has correctly acknowledged the transfer conditions of the rights related to his “potential creations” and accepts them without any reserves.

If the customer gives a personal pattern or customizes the product by adding a text, he must assure Tupo.my that the text and the design are free from third person rights. In the case of potential violation of copyright, personality or the law, those shall be under the responsibility of the customer himself, and he shall bear the consequences of any law suit. If Tupo.my shall be sued, the customer accepts to guarantee to Tupo.my any penalties or convictions that could occur. The customer also assures that he is not breaking any rule or law by customizing the product.

ORDERING PRODUCTS:

The steps:

The acceptance of orders placed on the Site is subject to compliance with the procedure set up by Tupo.my. This takes the form of a series of succeeding screen pages indicating the steps to be taken by customers to validate their order.

You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance.

Pre-Order:
We offer you a pre-order service that lets you order some products before the official launch date of our flagship items collection. The pre-order is limited to 1 product per order. A pre-order is taking into account provide that we have received and processed your shopping bag payment. 

The delivery timeliness (estimated to few weeks) will apply from the moment the pre-order product is available and will be shipped. In any case, we make every effort to give you all the information concerning the date of availability.

If your order includes a pre-order item and items already available, the whole order will be ship at the same time (only one delivery) once the pre-ordered product is available. We recommend you to order separate items in stock. Free delivery for all pre-order item, limited to one per order.

Verification of the order: We are entitled, to fight against the parallel marketing of our products, to refuse any order exceeding the number of authorized products: i.e., ten products, within a limit of a maximum of two identical products ordered. 
We are also entitled to refuse any order made by a customer with whom a dispute exists in connection with the payment of a previous order as well as any order that is not compliant with these general terms of sale. In such cases, we will inform the customer by phone or by e-mail. Unless the customer contacts us to correct the error or the non-compliance with these general terms of sale, we reserve the right not to process the order.

Order confirmation:

Once you have validated your order, Tupo.my will promptly confirm receipt by sending you an e-mail to the address provided to us. In that aim, you formally accept the use of e-mail by Tupo.my to confirm the content of your order.

This confirmation e-mail will include all of the information provided by you, as well as the accepted price and terms of payment with an indication, as the case may be, of any possible difficulties or reservations in respect of the order. For each product, you will also receive, upon delivery, written confirmation of the price paid and of the shipping costs applicable to you. Tupo.my stores record in connection with any order of a value of €120 or more for ten years and make them available to customers upon request.

However, for orders placed on the Site, it is recommended that you also keep a copy (in electronic format and paper format) of the details in connection with your order (for example, the confirmation e-mail sent by Tupo.my).

The modification or cancellation of the order: the amendment or cancellation of an order is not possible if the order is already transmitted to our logistic department. The customer can contact the client to check the status of his order.

PRICE AND TERMS OF PAYMENT:

The prices are displayed on the Site. Clients with a shipping address in Malaysia will have to pay in Ringgit Malaysia (RM). Prices are shipping included.

Customers are solely liable and accept liability for the payment of any costs for the entry of the products ordered into the territory of delivery. Refusing to pay customs duties and import taxes involves order cancellation and order reimbursement.

Payment of the total price of the products and shipping costs may be made by credit card, or by gift certificate. For payments by credit card, the customer must be the holder of the credit card used, access a dedicated space made available by a banking establishment which ensures the security and recording of the payment order.

For payments by gift certificates, you should provide the exact number appearing on your gift certificate as well as any corresponding indications that may be requested when making payment on the Site. It should be recalled that gift certificates purchased on Tupo.my are valid for 12 months from their date of issue for exclusive use on the Site. A donation certificate should be used, to make payment on the Site, for a single order of an amount equal to or more than that of the order. The total cost of an order paid by gift certificate may not be less than the amount of the certificate. If the amount of the order is higher than the amount of the certificate, you will be required to pay the balance by choosing another payment method from those proposed on the Site.

DELIVERY:

Tupo.my will make delivery to the address you give in your order, it being specified that this must be your place of residence or that of any other individual of your choice residing in one of the following territories: Malaysia.

Once the order is confirmed, you will no longer be able to change the delivery address.

Deliveries will not be made to hotels, public places, PO boxes or in Tupo.my stores. You will be able to monitor your packages using a tracking number that will be e-mailed to you when your order ships out. For the countries listed above that are outside the European Union, you are responsible for payment of all customs duties, taxes, and other official charges as well as the costs of carrying out the customs formalities required based on the import of products into the country where delivery is requested. A signature can be required upon the delivery of any packages.

In the territories listed above, deliveries will be made within a maximum of five (5) business days from the placing of the order except for special operations (friends & family, good deals, sales, private sales..): maximum of 10 business days. To ensure these lead times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as, among other things, road number, building number, staircase number, access codes, names and Interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.  In the territories listed above outside the European Union, it is recalled that delivery may be delayed for so long as customs formalities and duties have not been carried out or paid by you, and you agree to this.

 Availability

 In case the products are no longer available, we will inform you by email as promptly as possible and refund the price paid by you via crediting the credit card or gift certificate used to make payment.

The reimbursement will be performed within a maximum of 30 days.

For the customized products, my creation: within a maximum of 6 full weeks starting from the complete and perfect collection of the order price by Tupo.my.

RIGHT OF CANCELLATION DURING COOLING-OFF PERIOD:

Customers have a right of cancellation, without having to indicate the reasons for such removal, within a cooling-off period of fifteen clear days from receipt of the products ordered.

To simplify the exercise of this right of cancellation, Tupo.my asks customers to notify it by any means, including by logging onto the Account section of the Site. You should specify whether you wish a store credit, are a fund or a commodity exchange.

Customers also have the possibility of contacting our customer service department by e-mail

Products must be returned in perfect condition, complete (together with any accessories, notice, warranty, etc.), accompanied by a copy of the documents attached to the order, to the company address.

Return shipping cost only by Poslaju are offered by Tupo.my. The customer can choose the carrier of his choice. However, the customer will be responsible for the cost and the safe return of the product. We recommend that the clients keep proof of the return, by any other means or implying a return by a registered letter which provides a record of the date of delivery. Customers can contact the carrier of their choice by requesting a track and trace option and a counter-signature as proof of receipt and ship the parcel to the Return address.

In the case of return for an exchange by mail (exchange only) we will refund the cost of return on a fixed basis (within the limits of return for a command):

Unless you have got opted for a product exchange or store credit, we'll refund you for the total worth invoiced (cost of initial shipment included) for the products returned, by crediting the credit card or the gift certificate utilized by you, no later than thirty days following the date of exercise of the proper of cancellation. However, just in case of partial exercise of the proper of cancellation covering only a portion of an order comprising many products, Tupo.my won't be able to create a full refund of the shipping costs at the start billed to you. Furthermore just in case of partial exercise of the proper of cancellation covering only a portion of an order comprising many products and paid partially with gift card or store credit, the reimbursement are initially through store credit up to the donation card or initial store credit quantity, then -over this amount- on the credit card used for payment.

WARRANTIES:

Merchantability: Customers are invited to ensure that the products delivered to them correspond to their order. Any duly justified non-compliance of a product with its order should be notified to Tupo.my by any means, such as by logging onto the “Contact Us” or “My Account” section of the Site, then on “Notify a product return”, before being sent back to us complete or in perfect condition (accessories, notice, warranty etc) and accompanied by a copy of the documents attached to the order, to the company address.
 Customers can also contact the client service department by e-mail for any additional information.
All unwrapped products will neither be exchanged nor reimbursed.
In case of non-compliant orders delivered by Tupo.my to delivery addresses outside the European Union, you agree to inform – by any means – the customs services that a return of non-compliant products are involved. If exchange of the returned product is not possible, total price invoiced refund (cost of the non-compliant products and shipping costs), as well as the expenses of the return, will be made (up to 20€), by crediting your credit card or gift certificate, no later than thirty (30) days following receipt by Tupo.my of the returned products.

Statutory warranties: Regardless of any specific warranty terms extended to customers with the product delivered, all Tupo.my products sold on the Site are subject to the following statutory warranties:

Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be responsible for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is in charge under the contract for assembly/installation or where it was carried out under the supplier’s responsibility.”

Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the supplier in the form of a sample or model; have the qualities that a buyer can legitimately expect given the public statements made by the supplier, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."

Article L.211-12 of the French Consumer Code: “Legal action based on noncompliance is time-barred two years after the delivery of the product.”

 Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which the purchaser is entitled under the law.”

Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”.

Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within two years following the discovery of the error.”