TERMS AND CONDITIONS

This website is operated by Native Nature Sdn Bhd (1372802-D).

Throughout the site, the terms “we”, “us” and “our” refer to NNSB. NNSB offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL TERMS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

LINKS TO THIRD PARTY SITE

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by NNSB, including third party payment system providers. You acknowledge and agree that NNSB is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve NNSB from any and all liability arising from your access and use of any third party website.

We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PRODUCT DESCRIPTION AND DEFECTS

We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures.

The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

Minor variations in measurement (within 0.5 inches) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate.

If you believe you have received a defective item, please email us at support@kaysandkins.com with your order number, and a photograph of the defect.

All defective items are to reach us within 15 calendar days from dispatch date for orders made in Malaysia, or 30 calendar days for international orders. Items must be unworn, unwashed, unaltered, and with its tags intact. If the replacement piece is no longer in-stock, store credit or a refund will be issued. Where store credits are issued, such store credits will expire after 6 months.

If we accept your return, we will make any refunds due to you as soon as possible and generally within 14 days from the day on which we receive the returned product. Please note that refunds will be provided only in the form of store credit.

RETURNS

We accept returns for items* that are unworn, unwashed, unaltered, and with its tags intact.

Purchase of sale items, personalised and custom items are not eligible for return.

Send your parcel using a delivery method that allows tracking. Return parcels are to reach us within 15 calendar days from dispatch date for local orders, or 30 calendar days for international orders.

You are responsible for postage costs of returned items. Kindly note that all return parcels are dealt via mailing only. If you return an item that does not meet the requirements for returns set out above, we reserve the right to reject the return and any request for a store credit refund. You are responsible for the item until it reaches us and kindly retain all proof of mailing until an acknowledgement has been sent.

INCORRECT ITEMS

If you believe you have received the wrong item, at support@kaysandkins.com with your order number, and a photograph of the item. We may ask you to proceed with sending your item back to us, for which your postage will be reimbursed. The maximum refund for postage costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 7-21 days at one cost but you choose to have the product delivered within a shorter period at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

Please note that items must be unworn, unwashed, unaltered, and with its tags intact. If the correct item is no longer in-stock, store credit or refund will be issued instead.

DELIVERY

The cost of delivery of your Order will be displayed to you on our Site. We offer international shipping and you may refer to our FAQs for more details.

Orders are processed and dispatched from our warehouse to our local delivery partner within an estimated 2 working days.

Our local delivery partner shall deliver the product to the address specified in your Order. Any delivery dates stated during the order process are estimates only.

If delivery of your product is delayed, we will inform you accordingly and the product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.

BOUNCED PARCEL

We'll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product.

Bounced parcels that are unclaimed after half a year will be deemed as NNSB's property and no compensation will be offered as sufficient response time has been given.

WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCT

The product will be your responsibility from the time we deliver the product to the address you provided us. You own the product which is the subject of your Order once we have received payment in full for your Order.

TERMINATION

We may terminate the Order at any time by writing to you if:

You do not make payment to us when it is due;

You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the product (e.g. delivery address);

You do not, within a reasonable time, allow us to deliver the product to you;

If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

INTELLECTUAL PROPERTY

All technology and content available on the Webstore, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of NNSB, its affiliates, partners or licensors, and is protected by copyright laws. The trademarks, logos, and service marks displayed on the Webstore (collectively, the “Trademarks”) are the registered and unregistered marks of NNSB, its affiliates, partners or licensors, in Malaysia and other countries, and are protected by trademark laws. The Content or Trademarks nor any portion of the Webstore may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

PRIVACY POLICY

Registration data and certain other information about you are subject to our Privacy Policy, which is incorporated herein by this reference. You understand that the technical processing and transmission of this Webstore may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, see our Privacy Policy here.

WARRANTIES AND LIABILITIES

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-

Life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Kays + Kins

Improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;

Third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and

Any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment.

You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and NNSB does not retain or process any such payment information. NNSB cannot guarantee the security of such third party payment system(s) or any payment data on the Site, NNSB is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, NNSB is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve NNSB from any and all liability in connection with the acts, omissions or defaults of such third parties.

To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.