Terms & Conditions
General Information
Ownership
This website www.shop.musichive.com.my (“Music Hive Website”) is owned and operated by Music Hive.
Access & Use
Your access to, and use of the materials contained in, the Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Music Hive Website (“Terms and Conditions”). By using Music Hive Website, you agree to be bound by these Terms and Conditions.
Amendments
Music Hive reserves the right to amend the Terms and Conditions without notice at any time. Your use of our Music Hive Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
Registration
To register with the Music Hive Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
Music Hive collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to Music Hive Website.
By using the Music Hive Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for purpose of marketing, promotional, strategic development, research and customer care.
Standard e-Coupon Terms and Conditions
Your use of an e-Coupon indicates your agreement to be bound by these e-Coupon Terms and Conditions.
Music Hive reserves the right to withdraw or cancel an e-Coupon for any reason at any time.
Music Hive shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any e-Coupon or any failure or inability of a customer or household to use an e-Coupon for any reason.
Security and Fraud
When you use an e-Coupon you warrant to Music Hive that you are the duly authorized recipient of the e-Coupon and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of e-Coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any e-Coupon is being used unlawfully or illegally we may reject or cancel any e-Coupon and you agree that you will have no claim against us in respect of any rejection or cancellation. Music Hive reserves the right to take any further action it deems appropriate in such instances.
Intellectual Property
The content of the Music Hive Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Music Hive Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Music Hive Website without written permission from Music Hive Website.
No license is granted to you in these Terms and Conditions to use any trade mark of Music Hive.
Limitations
You may not use the Music Hive Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; c. gaining unauthorized access to other computer systems;
Interfering with any other person’s use or enjoyment of the Music Hive Website;
Breaching any laws concerning the use of public telecommunications networks;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Music Hive Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of the Music Hive Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Music Hive Website by you.
Availability of the Music Hive Website
Although Music Hive Website aims to offer you the best service possible, Music Hive Website makes no promise that the services at the Music Hive Website will meet your requirements. Music Hive Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at inquiry@shop.musichive.com.my and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Music Hive Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Music Hive Website will attempt to restore the service as soon as it reasonably can.
Music Hive Website’s right to suspend or cancel your registration
Music Hive Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Music Hive Website.
The suspension or cancellation of your registration and your right to use the Music Hive Website shall not affect either party’s rights or liabilities.
Paragraphs 8, 9 and 12 of these Terms and Conditions shall survive cancellation.
Music Hive Website’s liability
The Music Hive Website is provided by Music Hive without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchant ability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
Music Hive will ensure that information or material included on the Music Hive Website is correct, reputable and of high quality. Music Hive will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Music Hive Website. If Music Hive is informed of any inaccuracies in the information or material on the Music Hive Website, Music Hive will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, Music Hive disclaim all liabilities in connection with the following:
Incompatibility of the Music Hive Website with any of your equipment, software or telecommunications links;
Technical problems including errors or interruptions of the Music Hive Website;
Unsuitability, unreliability or inaccuracy of the Music Hive Website;
Inadequacy of the Music Hive Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Music Hive Website.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
International Use
Music Hive makes no promise that materials on the Music Hive Website are appropriate or available for use in locations outside Malaysia, and accessing the Music Hive Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Music Hive Website ignores this, Music Hive will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Music Hive shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
- About Guide Price
Please note that the prices on this website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping trolley and order confirmation email may differ from the Customer’s final bill.
The variance between guide price and the Customer’s final amount charged will be due to one or more of the following reasons:-
- Substitutions
Where the product is unavailable on the day of the delivery, the driver will bring a substitute product that you can choose to accept or decline. The price of the product is likely to be slightly different from the price of your original product.
- Changing in-store prices
The guide price is based on today’s prices in store, however what you pay will be based on the store price of the products on the day of your delivery.
- Promotion dates
Any products on promotion need to be delivered before the promotion and end date (shown on the product page) to qualify for the promotional price. If your delivery slot is booked for after the promotion end date, the promotion price will not be applied.
If the value of the product delivered is higher than the value stated in the order confirmation or if the Customer considers that the difference between the price charged and the guide price shown on the website is unacceptable, the Customer has every right not to accept the product. The amount for product that have not been accepted shall not be charged to the Customer’s payment card if he/she has provided payment card details in advance in order to pay online .
About total Multi-buy savings
This is the amount the Customer has saved from Buy 1 Get 1 Free and Multibuy promotions.
III. Product Terms & Conditions
- General
These Product Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be decided only by the Malaysian courts.
If any of these Product Terms & Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms & Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
This website www.shop.musichive.com.my is owned and operated by Music Hive.
Please read these Product Terms & Conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Music Hive makes the products available to you (“Product Terms”).
- Prices
Please note that the prices on Music Hive website are guide prices only and are only approximate. The total guide price shown in the Customer’s shopping trolley and order confirmation email may differ from the Customer’s final bill.
The actual price the Customer pays will be the price charged in store at the time the Customer’s order is picked for delivery. The actual order value cannot be determined until the day of delivery because the prices stated on the website may vary either above or below the prices in store on the day your order is picked and delivered.
At the time of delivery the price of certain items may differ from the price quoted on the Music Hive website. If the value of the items delivered is higher than the value stated in the order confirmation or if the Customer considers that the difference between the price charged and the guide price shown on the Music Hive website is unacceptable, the Customer has every right to reject the product. The amount for the product that are rejected shall not be charged to the Customer’s payment card, if the Customer has provided payment card details in advance in order to pay online.
The cost of the services is not included in the price of the Products. The information about the cost of the services is available on the www.shop.musichive.com.my once the Customer books a delivery slot.
- Availability
The availability of the product presented on the www.shop.musichive.com.my website depends on stock in stores and Music Hive.
In order to ensure that products are available to all customers, Music Hive has the right to set maximum limits in advance for the purchase of individual items by a single Customer.
The Customer shall always be notified in advance if the product requested cannot be delivered by reason that it has exceeded the maximum or restricted limit.
If the product requested by the Customer are unavailable due to factors beyond Music Hive control, Music Hive shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item.
- Acceptance
There will be no contract of any kind between the Customer and Music Hive or unless and until Music Hive actually dispatches the product to Customer. Customer’s order is an offer to buy from Music Hive. Nothing that Music Hive does or says will amount to any acceptance of that offer until Music Hive actually dispatches the product to Customer. At any point up until then, Music Hive may decline to supply the product to Customer without giving any reason. At the moment that the product are dispatched (and not before), a contract will be made between Music Hive and Customer, and Customer will be charged for the product.
To ensure availability of all our products customers may be limited to a maximum number of items.
- Delivery
Delivery will be made to the address specified by Customer on the completed order form.
Music Hive will deliver Customer’s order to the main entrance of the delivery address. At Customer’s request, our Music Hive driver may carry Customer’s order into the delivery address, for example, to a particular floor in an apartment block or into the kitchen but only if : a) the driver has the Customer’s permission, b) the driver believes that it is safe and practical to do as Customer requests, c) there is no obstacle preventing entrance, for example a locked main door. Music Hive always reserves the right to deliver only to the main entrance of the delivery address.
The Music Hive delivery service is available in selected areas. To check whether we deliver in your area, go to our checker to find out where we deliver.
Delivery times will be agreed with the Customer at the time of placing Customer order and booking a delivery slot.
Product must be received by an adult aged 18 years or over. If the driver has doubt over the age of the person receiving the product, he is entitled to ask such person to show an identity card to prove his/her age. If the person is shown not to be over 18 and no other person can receive the product, Music Hive shall not hand over the product.
If there is nobody qualified to receive the product at the agreed time and place specified by the Customer, we will leave notification of attempted delivery and Customer will need to contact customer services to re-arrange delivery.
If paying by card at the door, the cardholder must be present.
If Customer requests for re delivery, Music Hive is entitled to charge for providing the service.
Whilst we make every effort to deliver all Customer product in the agreed time, Music Hive will not be liable if it fails to do so in part or in full due to circumstances beyond its control.
- Returns & Refunds
When you buy from the Music Hive website, we want you to be happy with your purchase. However, this policy sets out when you can return product, and how to do so.
If you change your mind
If you change your mind, we offer a refund or exchange of certain product within certain time periods.
You should please take reasonable care of the product whilst they are in your possession (reasonable care includes inspecting product, but would not extend to your opening certain product, for example, sealed cleaning products).
If you have received faulty or damaged product.
You may hand any faulty or damaged product back to the driver at the time of delivery for a refund or return to the Music Hive store printed on the delivery documents (with proof of purchase) for a refund or exchange. At the Customer Services desk you can request a refund.
When you return product Customer shall return Product at his/her own cost. Product returned shall be refunded at the price which the Customer had paid at the point of delivery.
Please note that, in the event of a refund, all Club card points received for the purchase of the refunded product will be removed from Customer Club card account.
For the avoidance of doubt, this provision does not affect the rights of the Customer for non-acceptance of substituted product.
- Cancellation
Customer can cancel or change any of Customer’s current orders up to 11pm on the evening before the shopping is due to be delivered. If in an emergency, the Customer needs to cancel the order after this time, Customer may contact Customer Services and we will try our best to help.
Please note that orders cannot be cancelled by email.
- Payment
You can use a debit or credit card to pay for your shopping. We accept the following payment providers, issued by banks in Malaysia: Visa or Master Debit Cards. You can pay at the door by card. In this case you will not be charged for your shopping until after your shopping has been delivered to you.
Full payment card authorization for the amount corresponding to the total price of product (including service charges) that the Customer has requested shall be made on the day the product are delivered to the Customer.
- Customer Services
If you have an order query, please e-mail us at inquiry@shop.musichive.com.my
shop.musichive.com.my is operated by Music Hive