Your purchase of any products listed on Fictionist Studio (“Website”) (collectively, the “Products”) is governed by these terms and conditions (“Sales Terms”), our Terms of Use and our Privacy Notice (collectively, the “Agreements”). You acknowledge that you have read the Agreements and agree to be bound by and accept the terms and conditions set forth in the Agreements.

Fictionist recognises that certain terms and conditions in the Agreements may only be applicable to certain portions of the Website and as such, should there be any conflict or inconsistency with any of the Agreements, for the purposes of your purchase of any Product through our Website, this Sales Terms shall take precedence over the provisions of the other Agreements.

If you do not agree with any terms in the Agreements, you must refrain from using our Website and/or making a purchase from our Website, immediately.

Please refer below for the process of placing an order on our Website for the Products and the formation of a contract of sales between Fictionist and yourself:

2.1.1 Select the Product(s) you wish to purchase and press the “Add to Cart” button.

2.1.2 Once you have selected all the Products that you wish to purchase, you will proceed to check-out the Products in your cart by pressing the “Checkout” button.

2.1.3 Upon checking-out the Products in your cart, you will be redirected to our checkout page where you will be required to input your contact, delivery and payment information. You recognise that you have the sole responsibility for providing your accurate contact, delivery and payment information. For further information on pricing and payment, please refer to Clause 4 (Pricing and Payment) below.

2.1.4 At the checkout page, you will also be able to see your order summary which details the Product(s) you have checked-out, the respective Product price(s) and the total payable sum including applicable taxes and delivery and handling fees (please see Clause 5 (Delivery) below) (“Order”);

2.1.5 Once you have inserted the requisite information, you will be required to press the “Complete Order” button where you be redirected to the relevant webpage to finalise your payment.

2.1.6 Upon the successful payment of your Order, an Order confirmation will be emailed to you. This Order Confirmation shall constitute an offer from you to Fictionist to purchase the Product(s) in the Order (“Offer”). For the avoidance of doubt, this Order confirmation does not signify Fictionist’s acceptance of your Offer but merely confirms that we have received your Offer. As such, the Offer is not binding on Fictionist until Fictionist issues an Acceptance (see Clause 2.1.7 below).

2.1.7 When your Order has been processed and is ready to be dropped off / has been dropped off] at the third party delivery company, Fictionist will send you an email confirming that your order is ready to be dispatched / has been dispatched] together with the delivery details. This email from us shall form Fictionist’s acceptance of your Order (“Acceptance”).

2.1.8 For the avoidance of doubt, the contract of sale between you and Fictionist will only be formed when Fictionist provides you with the Acceptance pursuant to Clause 2.1.7 above (“Contract”).

Until such time when Fictionist issues to you the Acceptance, Fictionist reserves the right, in its sole discretion, to, among others, refuse to process any Order or cancel any Order, whether or not the Order has been confirmed and payment has been processed, for any reason. If your Order is cancelled by Fictionist after your payment has been processed, Fictionist will endeavour to promptly refund to you any payment already made to and received by Fictionist for the Order.

All prices quoted are payable in Malaysian Ringgit ONLY. Fictionist supports one or more of the following payment methods:

4.1.1 Credit Card – Credit card payments are processed through our third party payment provider [insert name]. The types of credit cards accepted by [insert name] are Visa and Mastercard only.

4.1.2 Bank Transfer – You may make payments through internet bank transfer to our designated Fictionist bank account. You must provide Fictionist with the transfer receipt or payment transaction reference for payment verification purposes. If payment confirmation is not received by Fictionist within two (2) days, your Order will be automatically cancelled.

Fictionist reserves the right, in its sole and absolute discretion, to revise, update, change, modify, amend, add to, supplement or delete any errors in the pricing of the Products and Product information at any time and for any reason. Such changes shall be effective with or without prior notice to you.

Without limiting the generality of Clause 3 above, in the event that the price or related information for a Product is incorrect due to an error, Fictionist may, in its sole discretion, refuse or cancel your Order whether before or after Fictionist’s issues to you an Acceptance. For any such cancellation by Fictionist, Fictionist will endeavour to promptly refund any payment already made to and received by Fictionist for the Order.

Fictionist does not handle deliveries of your Order from our premises to your delivery location and as such, Fictionist has in place existing partnerships with several third party delivery companies: [Easyparcel, J&T Express, PosLaju, etc.]. As Fictionist has no control over the third party delivery companies, Fictionist is strictly not responsible for any delays in delivery caused by the third party delivery company.

Fictionist is not obliged to ship any Products before an Acceptance is issued to you. Fictionist will endeavour to drop-off your Order with the selected third party delivery company within three (3) days of your Order, subject always to Clause 3 (Cancellation by Fictionist) above. Fictionist does not guarantee that your order will be dropped-off with the selected third party delivery company within this timeline. This timeline is only an estimated timeline for your reference.

The cost of delivery will be displayed to you in your order summary. You acknowledge and recognise that the cost of delivery may vary depending on, among others, your delivery location. For the avoidance of doubt, the third party delivery company will only be able to deliver Orders to addresses located within Malaysia (which may specifically exclude certain restricted zones and locations, subject to the third party delivery company’s policy of which Fictionist has no control over).

By accepting this Sales Terms, in addition to our Privacy Notice, you confirm your consent and allow Fictionist to disclose and transfer your contact and delivery information to our third party delivery company which is required for the delivery of your Order.

All risk with respect to the Order (which includes risk of damage to or loss of the Products) shall be passed on to you as soon as the Order leaves our premises for the purposes of delivery to you.

Unless specifically provided for under this Sales Terms, Fictionist does not allow for any returns, refunds and/or exchanges.

If there are any discrepancies of Products delivered or if you have received any Product that has been delivered in a damaged or defective condition, please notify us via email within forty-eight (48) hours of receiving your Order at hellofictionist@gmail.com with the following details:

6.2.1 State your request for either a return & refund / return & exchange;

6.2.2 Proof of purchase (i.e. Order confirmation);

6.2.3 Evidence of the affected Products (e.g. photo evidence).

Fictionist will endeavour to respond to your notification within seven (7) days after receipt of your email. You are advised to wait for our instructions for your next course of action.

If parties have agreed for a return, refund and/or exchange of Products, the affected Products:

6.4.1 must be returned to the following address:

M Tower Empire City Damansara,

Unit 25-10, Jalan Damansara,

Jalan PJU 8/3a, Damansara Perdana,

47820 Petaling Jaya,Selangor

6.4.2 must be in the same condition as it was delivered; and

6.4.3 must be returned in the original packaging along with all original accessories and any free gifts and/or vouchers received with it, if applicable.

Only upon receiving the affected Products, Fictionist will endeavour to promptly:

Fictionist shall not be obligated to reimburse you for the delivery fees incurred by you to return the affected Products.

Fictionist reserves the right, in its sole discretion, to discontinue any Product or to make design changes to the Products as part of Fictionist’s continuous commitment to innovate and to improve the Products, at any time without prior notice.

You acknowledge and recognise that the availability of certain Products may be limited and Products may not be available for immediate delivery. Fictionist reserves the right, in its sole discretion, to revise or to cease to make available any Products at any time without prior notice.

In the event where Fictionist is unable to fulfill any part of your Order due to the lack of any Product availability, Fictionist, in its sole discretion, may contact you for the following purposes:

7.3.1 to notify you of the cancellation of your Order due to such unavailability;

7.3.2 to allow you to maintain your Order subject to a revised delivery time if and when the Product becomes available; or

7.3.3 to maintain your order by only removing the particular Product that is currently not available from your Order.

If any part of your Order is cancelled by Fictionist after your payment has been processed, Fictionist will endeavour to promptly refund to you any payment already made to and received by Fictionist for such part of the Order that was cancelled.

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Products and all text, graphics, photographs, forms, diagrams and other materials published on the Website with respect to the Products (“Content”) shall at all times remain as the property of Fictionist. Such Content are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary.

You agree and acknowledge that you shall not copy, reproduce, republish, upload, download, post, transmit, store, modify, alter or display in public or distribute in any way the Content or any part of the Website (including those related to the Products) for any purposes without Fictionist’s prior written permission.

Fictionist reserves all rights in the trademarks, logos and service marks displayed on the Website in connection with the Products (“Marks”). You are prohibited from using the same without the written permissions of Fictionist. No right or licence is given to any party accessing this Website to use or reproduce in any manner any such Marks and Fictionist will not hesitate to enforce its rights against such party.

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Products and all text, graphics, photographs, forms, diagrams and other materials published on the Website with respect to the Products (“Content”) shall at all times remain as the property of Fictionist. Such Content are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary.

You agree and acknowledge that you shall not copy, reproduce, republish, upload, download, post, transmit, store, modify, alter or display in public or distribute in any way the Content or any part of the Website (including those related to the Products) for any purposes without Fictionist’s prior written permission.

Fictionist reserves all rights in the trademarks, logos and service marks displayed on the Website in connection with the Products (“Marks”). You are prohibited from using the same without the written permissions of Fictionist. No right or licence is given to any party accessing this Website to use or reproduce in any manner any such Marks and Fictionist will not hesitate to enforce its rights against such party.

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Products and all text, graphics, photographs, forms, diagrams and other materials published on the Website with respect to the Products (“Content”) shall at all times remain as the property of Fictionist. Such Content are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary.

You agree and acknowledge that you shall not copy, reproduce, republish, upload, download, post, transmit, store, modify, alter or display in public or distribute in any way the Content or any part of the Website (including those related to the Products) for any purposes without Fictionist’s prior written permission.

Fictionist reserves all rights in the trademarks, logos and service marks displayed on the Website in connection with the Products (“Marks”). You are prohibited from using the same without the written permissions of Fictionist. No right or licence is given to any party accessing this Website to use or reproduce in any manner any such Marks and Fictionist will not hesitate to enforce its rights against such party.

Fictionist disclaims any and all warranties to the extent permitted by law, whether express or implied, including any implied warranties of merchantability, quality, title, durability, suitability, fitness for a particular purpose and all warranties arising from course of dealing or usage of trade.

Fictionist shall not be liable for any loss or damage (to the extent capable of being excluded by the applicable law), whether direct, indirect, special, consequential, incidental or punitive or for any expense of any nature whatsoever, which may be suffered by you, which arises directly or indirectly upon reliance of or arising howsoever out of use of our Products. This applies even if Fictionist knew or should have known about the possibility of the damages.

If you have any basis for recovering damages despite the disclaimer of warranties in Clause 11 (Disclaimer of Warranties) and/or the limitation of liability in this clause, you can recover from Fictionist only direct damages up to ten percent (10%) of the total payment made to and received by Fictionist, for your Order.

You agree to indemnify and hold harmless Fictionist and keep Fictionist fully indemnified and held harmless from and against all action, claims, damage, loss, costs, expenses (including reasonable solicitors’ costs) arising out of or in relation to any breach of the Agreements, which arises from your use of our Products.

In the occurrence of any events beyond the control of Fictionist including but not limited to acts of God, strikes, lockouts, riots, civil commotion, acts of war or hostility (declared or undeclared) emergency, general chaos, inclement weather, fires, epidemics, pandemics, government restrictions, earthquakes, system failures, software or hardware issues or any other circumstances of similar nature (the “Force Majeure Events”) during the subsistence of the Contract which render it impossible for Fictionist to perform any obligations under this Sales Terms, Fictionist may, in our sole discretion, cancel your Order or inform you that your Order will be delayed due to the Force Majeure Event.

In any event, Fictionist shall not be liable for any delay or any failure in performing any of the obligations under this Sales Terms if such delay or failure is caused by the Force Majeure Events.

This Sales Terms shall be governed by and construed under and pursuant to the laws of Malaysia. The parties hereto agree to submit to the exclusive jurisdiction of the courts of Malaysia.

This Sales Terms constitutes the entire understanding between Fictionist and you with respect to the sale of the Products to you and other matter contemplated herein and supersedes all oral or written proposals and all communications between the parties relating to its subject matter.

If any term, clause or provision of this Sales Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, including without limitation, by reason of provisions of any legislation or by reason of any decision of any court or other body having jurisdiction over parties in this Sales Terms, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to have been modified, to the extent necessary to make it valid and enforceable or, if such term, clause or provision cannot be modified, it shall be deemed deleted from this Sales Terms.

No Waiver. No failure or delay by Fictionist to exercise any right or remedy provided under this Sales Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other remedy. Waiver of a right or remedy may be considered to have taken place only after signing a written statement to this effect by Fictionist.

Personal Data. For specific information related to processing of any personal data, please refer to Fictionist’s Privacy Notice.

Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration, termination or fulfillment of this Agreement, including without limitation, Clauses 10, 11, 12, 13, 15 and 17.3, indefinitely.

Interpretation. In this Sales Terms, unless the context otherwise requires:

17.4.1 headings and underlinings are for convenience only and do not affect the interpretation of this Sales Terms;

17.4.2 words importing the singular include the plural and vice versa;

17.4.3 a reference to a clause or parties is a reference to a clause of and parties to this Sales Terms; and the word “including” shall be understood as meaning “including without limitation”.

17.4.4 the word “including” shall be understood as meaning “including without limitation”.

Version: 1.0

Last updated: 8 December 2021