12. No Warranties
14. Force majeure
18. No waiver
1.1 In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Buyer" means the person or legal entity identified in the Order as the purchaser of the Products.
“Reader” means the person or legal entity non-identified in the Order as the purchaser but who read JM policy, any Conditions or information provided from www.jm-wedding.com.
"Card" means one of the following credit cards: VISA and/or MasterCard.
"Card Company" means the applicable payment and Card processing entity for the relevant Card.
"Conditions" means these Terms and Conditions.
"Contract" means a contract for sale between JM Wedding and the Buyer of the Products formed in accordance with Clause 3.3.
"Defective Product" is defined in Clause 6.2.
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which JM Wedding could not reasonably prevent or avoid including:
(i) explosion, fire, flood, war, earthquake, storm or other natural disasters;
(ii) war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;
(iii) import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
(iv) epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
(v) strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of JM Wedding or any other person); and
(vi) any default act or omission on the part of JM Wedding 's suppliers or sub-contractors.
"JM Wedding" means JM Wedding & Services.
"Online Store" means the JM Wedding online store currently accessible at www.jm-wedding.com
"Order" means an online order placed via the Online Store by a Buyer with JM Wedding for the Products in accordance with these Conditions.
"Parties" means JM Wedding and the Buyer and "Party" means any one of them.
"Product" means a product or service listed at the Online Store for which JM Wedding invites Orders in accordance with these Conditions.
"Third Party Product" means a Product which is not a JM branded Product or JM services.
- Application and effect
2.1 JM Wedding & Images (“www.jm-wedding.com”) own and operate this site. This document governs your relationship with www.jm-wedding.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
2.2 By ordering the Products and/or accepting delivery of the Products described on the Invoice, the Buyer agrees to be bound by and accepts these Conditions.
- Orders, price and payment
3.1 Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by JM Wedding at the Online Store, by placing a Order on the designated online form at the Online Store and providing to JM Wedding all necessary information as may be required by JM Wedding at the Online Store.
3.2 All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by JM Wedding.
3.3 JM Wedding may accept an Order by:
3.3.1 contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
3.3.2 delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by JM Wedding), and such other terms and conditions as JM Wedding may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by JM Wedding in the manner set out in this Clause 3.3. Processing of Card payment for an Order shall not in itself constitute acceptance of the Order by JM Wedding, provided that where an Order is rejected by JM Wedding, any payment made for such Order shall be reversed or refunded by JM Wedding.
3.4 JM Wedding shall be entitled to:
3.4.1 decline to accept or reject the Buyer's Order in whole or in part without assigning any reason; or
3.4.2 delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.
3.5 JM Wedding shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be JM Wedding's current selling price on the date of receipt by JM Wedding of the Order, which may or may not be correctly reflected at the Online Store.
3.6 Unless otherwise agreed by JM Wedding in writing, payment for the Products shall be made by the Buyer in full by Buyer's valid Card before physical delivery of Products.
3.7 The Buyer warrants that it is ordering Products for its own use only and not for re-sale or export purposes.
3.8 The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Goods and Services Tax [if applicable]) at the prevailing rates.
3.9 All Card payments are subject to the approval of the Card Company and the relevant paying bank. JM Wedding shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or Card particulars for any reason.
3.11 JM Wedding reserves the right to exercise its lawful remedies if a dispute or issue arises over Card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, JM Wedding may in its discretion:
3.11.1 reject such Order, or suspend or cancel delivery of such Order;
3.11.2 repossess the Products if delivered; or
3.11.3 claim against the Buyer for the full price of the Order as a debt.
- Title and risk
4.1 Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.
- Order delivery and cancellation
5.1 The Buyer shall designate in the Order the Buyer's preferred delivery / collection options, and where the delivery option is selected, the place of delivery of the Products.
5.2 Subject always to JM Wedding acceptance of the Order,
5.2.1 Where the delivery option is selected:
(i) JM Wedding shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by JM Wedding. If no one is available at the delivery address to receive the Products, JM Wedding's delivery agent will leave an "unable to deliver" mail/card at the address and the Buyer should follow the directions on that mail/card to obtain delivery of the Products.
(ii) The Buyer shall bear and pay to JM Wedding :
(a) the delivery and shipment charges set out at the Online Store for all Orders;
(b) the delivery, shipment and administrative costs of any delivery of the Product(s) which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Conditions.
5.2.2 Where the Buyer opts for self-collection of the Products the Buyer shall collect the Products at an address designated by JM Wedding.
5.3 Any shipment, delivery or collection dates provided by JM Wedding are estimates only and shall not form part of the Contract. JM Wedding shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact JM Wedding at: Enquiry@jm-wedding.com
5.4 JM Wedding reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:
5.4.1 change its prices or specifications of any Product; or
5.4.2 deliver a Product which has similar functionality as any Product ordered with minor differences in specifications,
(each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
5.5 An Order may be cancelled by the Buyer prior to shipment of the Products by JM Wedding, provided always that:
5.5.1 the Buyer must contact JM Wedding to request JM Wedding for cancellation immediately;
5.5.2 JM Wedding will endeavour to accommodate the Buyer's request, if the Products have not been shipped; and
5.5.3 the Buyer shall pay any cancellation fees which may be imposed by JM Wedding.
5.6 If an Order has already been shipped, no cancellation or refund will be permitted.
5.7 The Buyer acknowledges that JM Wedding's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from JM Wedding's usual sources of supply. The Buyer further acknowledges that JM Wedding retains absolute discretion as to the order of priorities in which any Products are delivered to JM Wedding's customers.
5.9 JM Wedding reserves the right to make only partial delivery of an Order.
5.10 JM Wedding may only storage & kept client's ordered items for max (3) months period. Clients are responsible to collect or assign JM Wedding to deliver the items within (3) months. JM Wedding will notice client to collect their order on time.
5.10.1 If no further replies from clients for the order(s) or delay delivery request more than 3 months period, JM Wedding will assume clients opt to forfeit their deposit or any payment & make order cancellation. JM Wedding will reserve the right to resell the reserved items after 3 months period. JM Wedding provides no guarantee for the supply for the order if clients reorder the item after the mentioned period above.
- Acceptance of Products (link to return & exchange policy)
6.1 Unless the Buyer notifies JM Wedding in writing to the contrary within seven (7) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.
6.2 A Product shall only be eligible for replacement if upon delivery:
6.2.1 it fails to function or operate;
6.2.2 it is damaged; or
6.2.3 the Product supplied is not the Product specified in the Order or a Substitute Product,
(such Product being a "Defective Product").
6.3 The Buyer must report any Defective Product to JM Wedding by contacting: Admin@jm-wedding.com within 48 hours of its delivery, failing which the Buyer shall not be entitled to a replacement Product.
6.4 If JM Wedding considers the Product to be a Defective Product, JM Wedding will contact the Buyer with the procedure for return and replacement. The Buyer must produce the product receipt together with the Defective Product in its original delivered condition and packaging.
6.5 JM Wedding reserves the right to refuse any return or replacement of a Defective Product if:
6.5.1 The Buyer is unable to produce the Product details or product receipt;
6.5.2 The Defective Product is a Third Party Product and JM Wedding is not authorised by the supplier to process returns or replacements; or
6.5.3 The defect is the result of:
(i) improper use or mismanagement by Buyer;
(ii) operation of the Product other than in accordance with the operating manual or instructions;
(iii) use of the Product in a manner not reasonably contemplated by JM Wedding;
(iv) modification of the Product not authorised by JM Wedding;
(v) use of consumables, parts, or peripherals which are not original, in conjunction with the Product;
(vi) subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;
(vii) use of Product by a person other than Buyer; or
(viii) Buyer's failure to comply with any terms of these Conditions.
- Controls and restrictions Back to Top
7.1 Certain countries impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. JM Wedding shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.
- Linking to this Website
8.1 Reader may link to JM home page (www.jm-wedding.com), provided reader does so in a way that is fair and legal and does not damage JM’s reputation or take advantage of it, but reader must not establish a link in such a way as to suggest any form of association, approval or endorsement on JM’s part where none exists. Reader must not establish a link from any website that is not owned by reader.
8.2 This Website must not be framed on any other site, nor may reader create a link to any part of this Website other than the home page. JM Wedding reserves the right to withdraw linking permission without notice.
8.3 Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.jm-wedding.comand reader should not rely on the existence of such a connection or affiliation. Any trademarks /names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.jm-wedding.com
8.4 Links to Other Websites
- Intellectual Property, Software and Content
9.1 The intellectual property rights in all software and content (including photographic images) made available to reader on or through this Website remains the property ofwww.jm-wedding.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.jm-wedding.com and its licensors. Reader may store, print and display the content supplied solely for readers’ own personal use. Reader are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to reader or which appears on this Website nor may reader use any such content in connection with any business or commercial enterprise.
10. Disclaimer of Liability
10.1 The material displayed on this Website (Included Photo/Text/Articles/Other forms) is provided without any guarantees, conditions or warranties as to its accuracy. Photo displayed is for illustration only. Unless expressly stated to the contrary to the fullest extent permitted by law JM Wedding and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect JM Wedding's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
11. Indemnity Back to Top
11.1 Reader agree to indemnify, defend and hold harmless JM Wedding, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from readers’ use this Website or readers’ breach of the Terms of Service.
12. No Warranties
12.1 JM Wedding makes no warranty in respect of any JM Wedding Product, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. JM Wedding's sole liability for any defects in any JM Wedding Product is set out in Clause 6.
12.2 JM Wedding makes no warranties in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.
13. Exclusion & limitation of liability
13.1 In no event shall JM Wedding be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if JM Wedding has been advised of the possibility of such loss or damage.
13.2 If any service (including but not limited to installation of any Product) is performed by any third party, JM Wedding shall not be liable for any act, neglect, omission or willful default of such third party, regardless of whether such third party is authorised by JM Wedding.
13.3 The total liability of JM Wedding to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by JM Wedding shall not in any event exceed the price of the Product giving rise to such claims.
14. Force majeure
14.1 JM Wedding shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
14.2 JM Wedding shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.
14.3 In the event that any Force Majeure Event results in a shortage of Products, JM Wedding shall be entitled to allocate its available stock of the Products among its customers in such a manner as JM Wedding may consider equitable and may make partial deliveries of any Products to the Buyer.
15.1 JM Wedding reserves the right to change these Conditions without prior written notice at any time, at JM Wedding's sole discretion, by posting a copy of the amended Conditions at the Online Store.
16. Complete Contract
16.1 The Contract and these Conditions represent the entire understanding between JM Wedding and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.
17.1 The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of JM Wedding. Any such unauthorised assignment shall be deemed null and void.
18. No waiver
18.1 No failure on the part of JM Wedding to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operates as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
18.2 Any term or condition of the Buyer's Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on JM Wedding, unless otherwise agreed in a written agreement signed by Buyer and JM Wedding, and any failure by JM Wedding to object shall not be considered a waiver of these Conditions.
19.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.
20. Rights of Third Parties
20.1 A person or entity who is not a Party to the Contract shall have no right under Contracts Act, 1950 (Act 136) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.
21. Governing Law and Jurisdiction
21.1 These Conditions shall be construed in accordance with, and governed by, the laws of Malaysia including without limitation the provisions of the Malaysian Evidence Act, 1950 (Act 56) and the Digital Signature Act, 1997 (Act 562), without giving effect to any principles of conflicts of law.
21.2 The Parties hereby submit to the non-exclusive jurisdiction of the Malaysia courts.
22. Copyright Infringement Back to Top
22.1 If parties/person believe any content posted on the JM-Wedding Website infringes, you may send us a notification including all relevant information. Copyright Infringement Notification Click here
Design Services Terms & Conditions.
Terms and conditions for design and personalize services:
All work is carried out by JM Wedding & Services (JM Wedding) on the understanding that the client has agreed to the term & conditions. Click for Full details