1. These Terms of Use apply to all online visitors to the websites operated by or on behalf of Starmax Fencing. (hereinafter, “we”, “us”, “our” or “ours”), including https://starmaxfencing.com (the “Primary Website”) and other local websites which we may make available to consumers from time to time (“Other Websites”, collectively with the Primary Websites, “Websites”).
Our Websites have different purposes and functionalities. We describe these differences on this page.
We also have a Privacy Policy that applies to our Websites, and may have other terms, legal notices and conditions applicable to various activities on our Websites, including terms and conditions that may apply to the purchase of goods or services (if available in your country) and to related activities (e.g. loyalty programs, contests or promotions), all of the foregoing of which are incorporated herein by reference, and shall, together with the Terms of Use be a contractual agreement (“Terms”) between us and you.
By using, browsing, or otherwise accessing our Websites, you accept these Terms, in full.
2. Privacy Policy & Data Security
To view our Privacy Policy, click here. Additionally, by using any of our Websites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to a Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we maintain security measures in accordance with applicable data protection regulations and industry practices to protect the personal data you provide to us against accidental, unlawful or unauthorized use or disclosure.
3. Your Use of Our Websites
You must not do any of the following when using our Websites:
- create accounts using fake, fraudulent or otherwise false means;
- transfer or otherwise assign login details of your account without our express prior written consent;
- infringe a third party’s intellectual property rights; and
- fail or refuse to make payment for a product ordered on our Websites.
4. User–Generated Content Rules
If you post information on any of our Websites, you are solely responsible for each User-Generated Content that you post on any Websites or transmit to other users and agree that you will not hold us responsible or liable for any User-Generated Content from another user that you access on any Websites.
You agree that your content (“Content”) will not:
- contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
- infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
By submitting Content you are granting us (and our group of companies) a perpetual, royalty-free, non-exclusive, irrevocable licence to reproduce, modify, translate, make available, distribute and sublicense the Content in whole or in part and in any form, including for marketing purposes in our own materials and on social media.
When using our Websites, you may be exposed to User-Generated Content from a variety of sources. We are not responsible for the content, accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content.
5. Accounts, Passwords and Security
Certain features or services offered on or through our Websites may require you to open an account (including setting up an Account ID and password) and to share personally identifiable information (PII). Apart from the representations made in our Privacy Policy regarding our protection of your information, you are solely and entirely responsible for maintaining the confidentiality of your account information, including your Account ID and password, and for any and all activity that occurs on or under your account. If any of the information provided to us as part of the account opening or registration process changes, you must promptly change your account details online.
You must notify us immediately of any actual or potential unauthorized use of your account or password, or any other actual or potential breach of security. However, you are solely liable for the actions of, and any losses incurred by us or any third party due to, someone else using your Account ID, password or account.
You must not use anyone else’s Account ID, password or account at any time without the express permission and consent of the holder of that Account ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
6. Online Products and Sales
a) Your account
You do not need to have an account to place an order on our Primary Website. However, if you have an account on our Primary Website, you may enjoy a better shopping experience through the benefits an account offers, such as being able to participate in our loyalty and rewards programme, view your purchase history and save your contact and shipping information.
b) Ordering Products
You may purchase products by selecting and submitting an order on our Primary Website in accordance with these Terms.
Stock Notifications
Stock notifications are displayed on the product page after you have made your product choices and before you add the product to the cart.
In Stock
The item is available for purchase and can be shipped within our stated terms.
Out of Stock
The item is not available for purchase within a reasonable time frame.
Available on back-order
Ordering an item on back-order guarantees priority when it’s restocked. The entire order will be shipped once all items are available. We don’t usually ship partially or split orders, especially for exports, to reduce costs and environmental impact. If you need in-stock items urgently, please place separate orders.
Any order that we receive from you in relation to a product on our Primary Website is treated as an offer by you (either to us, or the third party provider, as the case may be). It is an offer made by you to purchase the product for the price listed (inclusive of any fees and charges). The offer is made at the time that the order is made, and on these Terms.
In order to process any orders, we may require additional information from you. Where we do request such information, you must provide accurate, complete and up to date information so that we can confirm the details of the order.
Starmax Fencing and its partner are not responsible should the specifications (for example: size) of pre-ordered item does not meet the buyer’s requirement.
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
c) Acceptance of an Order
Acceptance of the order occurs where:
- we confirm that the product(s) you have ordered are available for delivery;
- the payment made by you for the product(s) is approved by us and we have debited the amount of the order from your debit or credit card or other payment method (i.e. when the payment is cleared); and
- we send an email to you with your invoice and tracking information.
If, for whatever reason, we decide to reject the order placed by you, we will endeavour to inform you of this within a reasonable period after the order is submitted.
d) Pricing and Availability
We try to ensure that the information provided on our Websites is accurate, up to date and error-free. In relation to our Primary Website, this includes pricing information in relation to our products.
However, where the price listed does contain any errors or inaccuracies, we will endeavour to inform you of this as soon as practicable, but before we accept your order. If we are able to make contact with you, we will provide you with the option of reconfirming the order at the correct price, or cancelling the order. If we are unable to make contact with you within a reasonable period of time following receipt of the order, we will treat the order as being cancelled.
Where an error or inaccuracy results in the receipt of an order for a product that is out of stock or not available, we reserve the right to refuse to fill any such orders and contact you as soon as practicable with the option of selecting an alternative product through the Primary Website.
Prices, promotions and products offered on our Primary Website may be site specific.
e) Delivery of Products
When you place an order on our Primary Website, we (through our third party delivery provider) will deliver your order to the address designated by you as long as that address is within the country and compliant with the restrictions set out on the Primary Website. We may require verification of information prior to the acceptance and/or delivery of any order.
Delivery times are indicative only and are based on estimates indicated by our delivery providers and the typical delivery times experienced by us. At certain times, delivery times may be longer than what is advised (such as in busy periods, including sale and holiday seasons).
See more information about shipping.
f) Amending and Cancellation of Orders
You can cancel or amend your order before it has been processed and accepted by us. Once an order has been processed and accepted by us, it cannot be amended or cancelled by you. This includes amending details such as the delivery address, removal of items or colour/size changes. We therefore ask that, at the time when the order is made, you ensure that the details provided are accurate, complete and up to date.
We may, however, not accept an order for any of the reasons outlined in these Terms, where the order has been placed in contravention of these Terms, the product has been recalled, or where required by law.
g) Returns
Unless otherwise specifically provided in writing, we will only refund or accept changes in accordance with these Terms. We will accept returns within the time period stated, provided they are still in their original condition (unused and with the original tags still attached). Please see our Refund and Returns Policy. We do not exchange goods, other than where your purchases are proven defective or damaged. We do not accept returns for final sales, promotional items or opened-packaged items.
h) Fees and Charges
All prices listed are in Ringgit Malaysia.
The prices listed on our Primary Website are, where applicable, inclusive of tax. If any additional charges apply (such as delivery fees), these will be clearly disclosed at the beginning of the online purchasing process.
If, for whatever reason, the delivery fees (flat rate) exceeds the limit, you are required to top up the amount. We will endeavour to inform you of this within a reasonable period after the order is submitted, prior to shipping.
i) Payment Methods
We accept payment (through our third party merchants) through any of the payment methods specified in our Websites.
We will provide you with a receipt following successful payment.
j) Product Descriptions
Although we endeavour to ensure that the information provided on our Websites is as accurate as possible, we do not warrant that the product descriptions or other Content of our Websites is accurate, complete, reliable, current, or error-free. For this reason, we reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability from time to time without prior notice. If a product offered on our Primary Website is not as described, your sole remedy is to return it to us in accordance with our return policy.
k) Colours and Representations
We have made every effort to display as accurately as possible the colours of our products that appear at our Websites. We cannot guarantee that your electronic devices’ display of any colour will be accurate, complete, reliable or error-free.
l) Risk of Loss
The risk of loss or damage for all products purchased passes to you upon delivery of the products to your designated delivery address. In the event that you return your purchased product, you are responsible for the risk of such product until we receive it at our warehouse. This means that you are responsible for filing any claims with the carrier for the damaged and/or lost shipments in case of returns.
m) Loyalty Programme
We reserve the right to amend or terminate our loyalty programme without prior notice. Points expire within 6 months of transactional inactivity. You may find more information available on “My account” -> “Loyalty and Rewards”.
7. Third Party Links on Our Websites
From time to time, a Website may contain links to other websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. If you use these links, you will leave our Websites and we cannot be responsible for any content, materials, information or events that are present on or that occur on websites that are not owned, operated or controlled by us.
8. Change in Websites and Content
We reserve the right, in our sole discretion, to: modify, suspend or discontinue any of our Websites or any service, Content, feature or product offered through any Website, with or without notice; charge fees in connection with the use of any Website; modify and/or waive any fees charged in connection with any Website; and/or offer opportunities to some or all users of any Website. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to any of our Websites. Your use of this site is at your risk.
9. Contact Us
If you have any questions or concerns about the Terms, please contact us by any of the methods:
By email: starmaxfencing@gmail.com
By WhatsApp message: +60 14 253 3562