Terms & Conditions
Terms and conditions for orders placed by telephone or via the Aether website For further information, please contact our Client Service team
Our General Terms of Sale
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, when you order via our website www.aether.my (our "Website") or by telephone using our Client Service team.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Applicable version of the terms. These terms are applicable for the respective order you make when accepting them. We reserve the right to amend these terms in the future in our sole discretion. You will need to accept the potential future version of the terms for any potential future orders you make. Future amendments have, however, of course no impact on any orders placed or contracts already concluded.
1.4 Contract language. The language of the contract is English.
2 Information about us and how to contact us
2.1 Who we are. We are Aether Crafting PLT. Our registered office is Lot 764, S/LOT B1 & B2, Jalan Subang 4, Taman Perindustrian SG. Penaga, 47620 Subang, Selangor and we are registered under company number 202504001213(LLP0042711-LGN).
2.2 How to contact us. Should you require information or help, please contact our Client Services Team at +6012 342 8808 (Whatsapp), Monday-Sunday 10:00am – 8:00pm (including Public Holiday) or by sending us an email using workspace@aether.my.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails and SMS. When we use the words "writing" or "written" in these terms, this includes emails and SMS.
3 Our products
3.1 Information about our products. Information about the range of products sold via our telephone order service or via our Website is available, with product references, in all Aether stores and on our Website.
3.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images, but only to the extent this is reasonable for you, particularly because such deviation is insignificant and objectively justified.
4 Placing orders and our contract with you
4.1 Placing orders. Our acceptance of orders is subject to availability. Orders can be placed as follows:
4.1.1 By telephone: Orders can be placed in English or other languages accepted by our Client Service team by calling +6012 342 8808 (Whatsapp), Monday-Sunday 10:00am – 8:00pm (including Public Holidays).
4.1.2 Via our Website: Orders can be placed through our Website.
4.2 We currently deliver within Malaysia only. For international shipping inquiries, please contact our customer service team. Please note that you may not modify the delivery address once you proceed through checkout to confirm and place the order.
4.3 You must be 18 or over. We only accept orders from customers aged 18 and over.
4.4 Making sure your personalisation details are accurate. If we are personalising products in accordance with details you have given us you are responsible for ensuring that these details are correct.
4.5 Your account with us: When placing an order for the first time, you may either check in as a guest or open an account with us. If you place a telephone order we will take the necessary details from you by telephone. Otherwise, all steps necessary for placing an order are detailed on our Website.
4.6 Order acknowledgement. We will acknowledge receipt of your order without delay by sending a confirmation email, but this confirmation email does not constitute acceptance of your order.
4.7 How we will accept your order. Our acceptance of your order will take place when we email you and tell you we have accepted it or when we actually start shipping the products to the delivery address, at which point a contract will come into existence between you and us. You are bound by your order for 14 days.
4.8 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or if the order is considered to be fraudulent or otherwise made in breach of these Terms of Sale. In such case, you will be notified in Writing and we will not charge you for the product(s).
4.9 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.10 Backorders
4.10.1 Where Goods are identified on our Website as requiring "additional delivery time", you may still be able to add the Goods to your online shopping cart. Once you proceed through checkout, we will apply a pre-authorisation hold for the full purchase price. Please refer to Condition 5.7 below for details about payment for back orders.
5 Price and payment
5.1 Where to find the price for the product. The price of the product in Malaysian Ringgit (MYR) which includes sales and service tax ("SST") (and, except where otherwise stated on our Website or notified to you by telephone, delivery costs) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Condition 5.3 for what happens if we discover an error in the price of the product you order.
5.2 We will not provide SST-refund services. We do not provide SST-refund service in any selling points including online or customer services for orders placed on our Website or by telephone.
5.3 What happens if we got the price wrong. It is always possible that, despite taking all reasonable care, some of the products we sell may be incorrectly priced. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order at the correct price. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
5.4 How you must pay. We accept payment by credit card (Visa, MasterCard and American Express) issued by banks domiciled in Malaysia, or other payment methods as they become available from time to time by notice on our Website. We will place on our Website details of other payment methods as they become available from time to time. Payment must be made in Malaysian Ringgit (MYR). In case of a payment by bank transfer, we will send you Louis Vuitton’s bank details by email.
5.5 When you must pay. You must pay before goods are dispatched to you. You will be debited once you have placed your order and it has been accepted by us. If we do not accept your order, we will refund any payments received within 14 business days. We will inform you by email once the Products have been dispatched.
5.6 Failure to pay. If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), we will not accept your orders.
5.7 Payment for back orders.
5.7.1 Pre-authorisation holds. We require and apply a pre-authorisation hold for the full purchase price of your back order to your nominated payment credit card, or debit card if that is available through the online payment processor such as PayPal. The amount placed on hold will not be available to you during the period of the pre-authorisation hold. The hold will expire in accordance with your issuing bank's policy or when we complete the transaction and despatch the Products to you, whichever is earlier.
5.7.2 Maximum period of pre-authorisation holds. The maximum authorisation hold period varies depending on your payment method. These time periods are determined by your issuing bank and may change from time to time.
5.7.3 If a pre-authorisation hold expires before the Products are back in stock, we may not be able to complete the transaction and your order will be cancelled. We will use reasonable endeavours to notify you via email or telephone of this.
5.7.4 To the extent permitted by law, we accept no liability for any unavailability or delay relating to Products that are placed on back order.
5.7.5 Where Products placed on back order return to stock and the pre-authorisation hold has not expired, your nominated credit or debit card will be debited for the full purchase price and we will arrange for the Products to be delivered to you in accordance with these terms.
5.8 Security measures.
5.8.1 Payments through our Website are managed on-line with the relevant banking organisations through facilities offered by iPay88 as our secure payment gateway to process all transactions safely and efficiently. All payments are encrypted and processed securely through iPay88 to ensure your personal and financial information is protected. We do not store your card details on our servers. If you do not wish your personal data to be disclosed and used in this way, we will be unable to accept orders placed by you.
5.8.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal data supplied by you during the order process against appropriate third party databases. In performing these checks, personal data provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that data You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
5.8.3 If an order placed by you is fraudulent or otherwise made in breach of this Terms of Sale, we are entitled to cancel the sale immediately, and in the event that any sums have already been debited to you, they will be refunded within 14 business days after such notification.
6 Providing the products.
6.1 Delivery costs. The costs (if any) of delivery will be as displayed to you on our website and before you place your order.
6.2 When we will provide the products. When we provide the products depends on what product you are buying:
6.2.1 For all other products: During the order process we will let you know when we will provide the products to you, and if no deadlines are given, within 30 days at the latest from order confirmation, subject to full payment of the price.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control and without negligence on our side, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of unreasonable delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note asking you to contact our Client Service team in order to arrange an alternative delivery date.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Condition 10 will apply.
6.8 Delivery of gifts. In the case of a gift:-
6.8.1 you may arrange for products to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of Condition 4.2 above.
6.9 Damage. If, at the time of delivery or collection by you, the packaging is damaged, please open the package in the presence of the carrier in order to verify the condition of the products. In the case of delivery, where there is damage to the products, you should note the details on the delivery note and contact our Client Service team as set out in Condition 2.2. If we deliver products to you and products are lost or damaged by our carrier you are entitled to your statutory rights, including warranty rights. Nothing in this Condition affects your statutory warranty rights.
6.10 When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us or when you collect them from us.
6.11 When you own products. You own the products on the later of the following:-
6.11.1 once we have received payment in full;
6.11.2 once the products have been delivered to you.
7 Your rights to end the contract
7.1 Ending your contract with us. You may end your contract with us in the circumstances described below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Condition 10;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Condition 7.2;
7.1.3 If you have just changed your mind about the product, see Condition 7.3.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Conditions 7.2.1 to 7.2.3 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are (by way of example, without limiting your statutory rights):
7.2.1 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.2 there is a risk that supply of the products may be unreasonably delayed because of events outside our control;
7.2.3 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
7.3 Please note that you do not have the right to change your mind once your order has been confirmed. This is because our products are handcrafted and made to order, and work begins immediately after purchase confirmation. Therefore, cancellations, changes or refunds are not allowed once production has started.
8 How to end the contract with us
8.1 Tell us you want to end the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You may choose one of the following options. The same contact options are also available in other cases of possible termination of the contract:
8.1.1 Phone or email or online. Call our Client Service or email us using the EMAIL US contact form in the Client Service section of our Website. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Gifts. If you use our Gift Service, only you may end the contract with us and not the recipient of the gift.
8.3 Returning products after ending the contract:
8.3.1 If you end the contract for any reason after products have been dispatched to you or you have received them, we provide a complimentary collection service and you must allow us to collect the item(s) you wish to return from your preferred address. Please call our Client Service team or email us by using the EMAIL US contact form in the Client Service section of our Website to arrange collection.
8.3.2 You must return the products in their original packaging, complete with all related accessories, instruction booklets, labels, protective covers and boxes, together with the duly completed "Return Voucher" and the original invoice.
8.4 When we will pay the costs of return. We will pay the costs of return:
8.4.1 if the products are faulty or misdescribed;
8.4.2 if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; In all other circumstances you will have to bear the direct cost of returning the goods.
8.5 How we will refund you. If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and we have granted you a reasonable grace period;
9.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Condition 8.1 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.
10 If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact our Client Service Team or email us using the EMAIL US contact form in the Client Service section of our Website.
10.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract and any applicable laws. Nothing in these terms will affect your legal rights.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please call our Client Service Team, excluding public holidays or email us using the EMAIL US contact form in the Client Service section of our Website to arrange collection.
11 Our responsibility for loss or damage suffered by you
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation, product liability claims, gross negligence, or slight negligence regarding our main contractual obligations.
11.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12 Other important terms
12.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.3 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Malaysian substantive law. If you are a consumer with your habitual residence in Malaysia, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country/region of residence.
12.4 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit a complaint to the Tribunal for Consumer Claims.
The Schedule Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Aether Crafting PLT
Post to: Lot 764, S/LOT B1 & B2, Jalan Subang 4, Taman Perindustrian SG. Penaga, 47620 Subang, Selangor
Send us an email: workspace@aether.my or using our EMAIL US contact form in the CLIENT SERVICE section of our Website.
Whatsapp: contact our Client Service Team at +6012 342 8808, Monday-Sunday 10:00am – 8:00pm (including Public Holiday).
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate