T&C OF SALES

Terms & Conditions of Sale

This Terms and Conditions of Sale (“T&Cs”) between Divertainment Sdn Bhd (“Divertainment”) and you (“Customer”) are incorporated into any order placed by the Customer. All sales and/or services provided by Divertainment to the Customer are provided on the basis and on the terms of these T&Cs (“Agreement”).

1. Services

The quantity and description of the product(s) and/or services are as stated in the “Checkout” page (“Services”) and Divertainment will perform the Services in accordance with the terms and conditions of this Agreement.

2. Deposit

Where applicable, upon the execution of this Agreement, the Customer shall pay to Divertainment a non-transferable and non-refundable deposit as stated in the “Checkout” page (“Deposit”). If the Customer terminates this Agreement for any reason, the Customer shall forfeit the Deposit to Divertainment as liquidated damages.

3. Order

You should carefully read the product(s) and/or services details and review information such as description, measurement, price, option price, charges, and such other terms and conditions for the product(s) and/or services before placing any order.

4. Payment

• In consideration of the performance of the Services, the Customer shall pay Divertainment in accordance with this Agreement (“Charges”). Divertainment shall be allowed to appoint such party it deems fit to carry out the Services. The schedule for provision of the Services shall be determined by Divertainment in its absolute discretion.

• When the Customer places an order, actual payment shall be only charged upon Divertainment’s acceptance of the Customer’s order and the formation of a contract. All payments shall be made to Divertainment subject to the following terms: –

1. Payment by Credit Card/Debit Card – Credit card/Debit card payment option is available for the Customer who presents his/her physical card at Divertainment’s office located at The Lakeview Club, Lot 3606, Jalan SS12/1, SS12, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia.

1. Payment by Online Banking – By choosing this payment method, the Customer shall transfer the amount of the total purchase price for the product(s) and/or services purchased by the Customer to Divertainment’s account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Divertainment, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

• Cash on Delivery – Cash on Delivery (pay cash upon delivery) is available within the region of Klang Valley with a fee as may be prescribed by Divertainment for each order. Divertainment reserves the right to schedule the delivery time. The product(s) ordered will only be handed over to the Customer upon full payment in cash by the Customer.

• If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Divertainment, Divertainment shall be entitled to cancel the order or suspend deliveries of the product(s) and/or services until payment is made in full.

• If any payment by the Customer to Divertainment is overdue, Divertainment shall be entitled to charge late payment interest at a rate of 5% per month, calculated daily until the overdue amount is paid in full. Interest is payable on demand.

5. Cancellation

• Product(s) sold are NOT returnable. The Customer is not entitled to cancel or suspend the Services upon acceptance of this Agreement, unless prior to such action the Customer has obtained Divertainment’s written consent. Divertainment may condition its consent on, among other things, the Customer’s reimbursing Divertainment for all out-of-pocket expenses, liabilities, commitments and expected profits.

• If the Customer terminates this Agreement for any reason, the Customer shall forfeit the any amount paid towards the Charges as liquidated damages.

6. Delivery

• Delivery of the product(s) shall be made to the address specified by the Customer in its order subject to costs which shall be borne by the Customer.

• Divertainment has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Services to any other party as it may from time to time decide without giving notice of the same to the Customer.

• Any dates quoted for delivery of the product(s) are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Divertainment shall not be liable for any delay in delivery or performance howsoever caused.

• If the Customer fails to take delivery of the product(s) (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Divertainment’s fault) then without prejudice to any other right or remedy available to Divertainment, Divertainment may (but not obliged to) terminate the Customer’s order and claim damages.

7. Risk and Title

• Risk of damage or loss to any product(s) to be provided under the Agreement will pass to the Customer upon the Customer accepting the product(s).

• Title to all of the product(s) shall remain with Divertainment and shall only be passed to the Customer upon full payment for the Services, failing which, Divertainment shall have the right and the Customer shall grant Divertainment access to enter the premises (and wherever the product(s) may be located) and repossess the product(s).

8. Warranty

The Customer expressly understand and agree that warranties regarding patents, materials, workmanship or use of the product(s) are made exclusively by the manufacturer (“Manufacturer Warranty”) and not by us. The Customer’s exclusive remedy under the Manufacturer’s Warranty shall be as provided therein and shall lie exclusively against and be obtainable only from the manufacturer, and the Customer expressly agree that the Customer shall have no claim or cause of action against Divertainment in the event the manufacturer is for any reason unwilling or unable to perform under the terms of Manufacturer’s Warranty.

9. Refund, Return and Replacement

The refund, return, or replacement of the product(s) (or any part thereof) shall subject to our Refund, Return and Replacement Policy at https://www.divekl.com/refund-return-and-exchange-policy/

10. Customer Responsibilities and Acknowledgement

The Customer acknowledges and agrees that any delays in the Customer’s performance of his/her/their/its obligations, or variations to the Services caused by the Customer, may delay the performance of the Services and that any such delay caused by the Customer shall not constitute a breach of any of Divertainment’s obligations under the Agreement.

11. Variations

• The Customer may, subject to Divertainment’s written approval, vary the Services to be performed by Divertainment by giving written notice to Divertainment and Divertainment may, at its discretion, vary the Services as instructed by the Customer to the extent it is reasonable and possible to do so.

• All costs and expenses arising from any variation shall be fully borne by the Customer.

• Divertainment is entitled to an extension of time for the performance of the Services which is required by reason of a variation. The appropriate extension of time to be given is to be determined by Divertainment.

12. Liability

The liability of Divertainment to the Customer arising out of or in connection with the Agreement is limited in the aggregate to the amount of the Charges received by Divertainment from the Customer and Divertainment shall not be liable to the Customer for any penalties or damages under any agreement or any other indirect, remote, consequential, punitive, exemplary or special loss or damage.

13. General

Governing law and jurisdiction of this Agreement shall be governed and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the Courts of Malaysia.