- The User is responsible for the accuracy of their account information.
- The User is responsible for any activity resulting from the use of their account. While the User may use MAJA Services as a guest without establishing an account, if the User creates an account, the account information shall not be shared or made accessible to a third party. The User agrees to use reasonable efforts to prevent unauthorized access to or use of their account and to preserve the confidentiality of User’s username and password.
- The User shall notify MAJA immediately by e-mail at firstname.lastname@example.org if there is any reason to believe that their account information has been compromised or that their account has been accessed by a third party. The User will be solely responsible for any losses incurred by the User or by MAJA due to any unauthorized use of the User’s account before notification to MAJA.
- If the User is under 18 years of age, the User agrees that they possess the legal consent of their parent or guardian to access and use the website.
- By using the website or providing personal information to MAJA, the User agrees that MAJA may communicate with the User electronically regarding security, customer service, or administrative issues relating to User’s use of MAJA Services. MAJA shall not contact the User for unrelated communications.
- If the User subscribes to MAJA’s mailing list, personal information provided to MAJA will be used solely for keeping the User informed regarding MAJA and MAJA-related products, MAJA events and other related news items, or for MAJA’s market research. No data provided to MAJA shall be sold to third parties.
- The User’s personal information and credit card information are protected by security measures.
- The User may unsubscribe at any time.
Price and Payment
- The prices for Goods available for purchase (“Goods) will be displayed on the website. All sales prices are exclusive of taxes and shipping and handling charges. Taxes and shipping costs will be added to the sales price and will be a part of the invoiced amount due by the User.
- The website uses bank transfer as well as third party payment services to process payments. MAJA’s third-party payment processors accept payments through various credit cards including Visa and MasterCard, as detailed on the applicable payment screen.
- All orders are accepted on the basis of pre-payment unless otherwise agreed.
- Any invoice must be paid to MAJA no later than fifteen (15) business days upon the invoice date. Orders will only be processed upon payment, or if agreed prior in writing, upon security deposit.
- MAJA may rectify any errors or cancel an order whenever the price, discounts, or dates of delivery are based on an error.
Shipping, Transport Cost, and Damage
- When the User places an order for Goods through MAJA’s Services, the Goods will be shipped to the address designated as the “Shipping Address” during the checkout process.
- MAJA shall always use commercially reasonable efforts to deliver the services or Goods within the delivery term. However, unless explicitly agreed otherwise in writing, delivery dates communicated by MAJA are approximate dates. MAJA shall not be liable or be in breach of its obligations if delivery is made sooner or later than the communicated time.
- If the communicated delivery date is exceeded, the User is still obliged to take delivery of the Goods, unless before delivery the User has put MAJA in default, allowing MAJA a reasonable period to execute the order, and this term has also expired.
- MAJA may postpone any delivery in the case of production problems affecting the quantity or the quality of Goods produced. If such delay last longer than three (3) calendar months, either party may cancel the order. MAJA will provide written notification to the User of any such delays.
- When the User fails to take delivery of the Goods, or fails to provide information or instructions to enable delivery, it is fully liable to MAJA for all damages and losses suffered by MAJA, such as (but not limited to) transportation costs, extra storage, handling, and insurance. In the case of re-delivery, MAJA may demand prior payment of all aforementioned costs.
- MAJA is entitled to partial deliveries of Goods until an order is complete, if agreed in advance by both parties.
- Risk of loss for Goods purchased from MAJA pass to the User upon delivery of Goods by MAJA to the delivery carrier. The User is responsible for filing any claims with carriers for lost shipments.
Refunds, Returns, and Specifications
- All orders (except for custom and special orders) may be cancelled within one to two (1-2) business days if the order has not been shipped or is on backorder. Once an item has shipped, cancellation is not possible.
- If the Goods delivered are damaged, defective, or in error, the User shall immediately notify MAJA by e-mail at email@example.com, no later than three (3) business days following the delivery date. MAJA is not obliged to process complaints that have been received beyond this term. Any complaint filed by the User must be as detailed as possible with a digital photo included in the e-mail. If the complaint is justified according to MAJA, then MAJA has the choice (i) to replace the defected or missing Goods, or (ii) to credit the User with the purchase price.
- Defective Goods may only be returned to MAJA after MAJA has given its prior approval in the form of a Return Authorization Number. If the goods have not been returned within thirty (30) working days, the User must keep the Goods and withdraw its complaint.
- For returned items, credit card orders will be credited back to the original account. Bank Transfer and Paypal payments will be returned back to the original account. However, a restocking charge of 5% of the purchase price will be subtracted from the refund. Shipping and delivery service charges are not refundable. The User is responsible for return shipping and handling charges.
- Extra costs for mounting, de-mounting or re-installation for replaced or returned merchandise are fully at the User’s cost.
- Minor changes can occur in the shape or color of goods, depending on the materials the goods are made of.
- Depending on the materials used for its manufacture, the original goods may change in the course of time, due to environmental influences (such as exposure to UV light).
- According to changes in products related to the manufacture of Goods, Goods delivered may technically differ from the specifications displayed on MAJA Services.
Change in Services
- MAJA may change its Services at any time, including hours of operation or the availability of its Services or any feature without notice or liability.
- The User agrees to use MAJA services only for its intended purpose. The User must comply with all privacy protection, intellectual property rights, and other applicable laws.
- The User may not (i) attempt to interfere with, harm, or gain unauthorized access to MAJA’s Services or technology supporting its Services; (ii) link to MAJA’s Services without permission; (iii) use data mining, robots, or other devices on MAJA’s Services; (iv) sell, transfer, or assign any of the User’s rights to use MAJA’s Services to a third party; (v) use MAJA’s Services in an illegal way.
intellectual Property Rights and Copyrights
- The contents of MAJA’s Services include designs, images, graphics, computer code, information, logos, and other MAJA content, collectively referred to as “MAJA Content.” All MAJA Content is the property of MAJA and protected under copyright, trademark, and other applicable laws, insofar as these rights do not belong to any third party.
- The User may not have Goods supplied by MAJA copied elsewhere, or manufacture imitations thereof that differ in only minor details from the goods supplied.
- Copyrights or any other intellectual property remain the full property of MAJA. MAJA Content may not be used without prior written permission by MAJA, and must be used solely for that specific purpose. Any permitted use does not mean that intellectual property rights have been transferred.
- User must preserve all copyright, trademarks, and other proprietary notices contained in MAJA Content on any copies made of MAJA Content.
Suspension and Termination
- MAJA is entitled to suspend or terminate the User’s account and prevent access to its Services for any reason.
- If, due to delay on the part of the User, MAJA cannot reasonably be expected to comply with an order upon the terms originally agreed, then MAJA is entitled to cancel the order with written notification to immediate effect.
Limitation of Liability
- Without prejudice to any mandatory legal rules, the following applies.
(a) MAJA shall not be liable for (i) any loss of profits, loss of reputation or goodwill, indirect, incidental or consequential damages resulting from the use or the inability to use its Goods or Services; (ii) the cost of procurement of substitute goods and services resulting from MAJA Services, (iii) unauthorized access to User’s data by third parties; (iv) the use of MAJA Goods or Services whether or not any claim is based on tort, warranty, contract or any other legal possibility.
(b) MAJA’s aggregate and cumulative liability arising out of or in connection with the use of MAJA Goods or Services, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise) will not exceed IDR 1.000.000.
- At all times MAJA’s liability shall be limited to the maximum amount covered by MAJA’s insurance for the type of damage.
- In the event of force majeure, the obligations of either party are suspended until the situation of force majeure has ended. If the force majeure lasts longer than three (3) calendar months, then either party is entitled to terminate the order without any liability to compensate the other party.
- ‘Force majeure’ includes, in addition to the definition by law, import and export bans or controls by, or due to, any government or power, the failure of suppliers or service providers of MAJA to deliver on time or at all, suspension of work by a high amount of sick leave amongst the employees of MAJA or its suppliers.
- MAJA is also entitled to rely on force majeure if the situation of force majeure begins after MAJA should have fulfilled its obligations.
- If at the time the situation of force majeure commences MAJA has partly fulfilled its obligations under an order or is still able to do so, then MAJA is entitled to invoice for all the parts of the order it has complied with or will comply with. In such a case, the User is obliged to pay as if it were a separate agreement.
Retention of Title
- All Goods delivered remain the property of MAJA until the User has fulfilled its obligations to MAJA in full. If any invoice remains unpaid, MAJA’s retention of title shall also cover all goods previously delivered which the User has paid for.
Applicable Law / Disputes
- This agreement shall be governed by and construed in accordance with the laws of Indonesia.
- Any and all disputes, controversies and conflicts between the parties in connection with this agreement shall, so far as is possible, be settled amicably between the parties.
- For the implementation of this agreement and all its consequences, the parties hereby select and choose general and permanent domicile at the Clerk’s Office of the District Court of Denpasar, Bali (Kantor Panitera Pengadilan Negeri Kota Denpasar). The User agrees not to sue MAJA in any other forum.
- The User must file any claim within one (1) year after such claim arose or it is forever barred.
- Neither MAJA nor the User shall release, generate, or permit any publicity concerning the transactions contemplated hereunder without the express written consent of the other party.
- In compliance with Law No. 24 of 2009 on Flag, Language, National Emblem, and National Anthem dated 9 July 2009; this agreement shall be executed in both Bahasa Indonesia and the English language, which shall both be effective. In the event of any inconsistency between the Bahasa Indonesia and English language texts, or should there be any dispute on the meaning or interpretation of certain provisions, the parties hereby agree that the English language text shall always prevail.
- With respect to the termination of this agreement, both parties agree to waive the provisions of Article 1266 of the Indonesian Civil Code, but only to the extent that said articles require judicial pronouncement to terminate an agreement.