Term & Conditions
For the purpose of the Terms & Conditions on this website, reference to the business name "Ohsum Mossum" or "Shrubbery" or “We” under its registered company name “Ohsum Mossum Enterprise” shall be treated as the same entity.
Reference to “You” or “the Buyer” shall refer to anyone who is either visiting or signed up as a member who may or may not engage in the purchasing activities of this website.
By using Ohsum Mossum website, you agree to these conditions. Please read them carefully.
Note: Additional terms may apply for certain items or services provided by the website and will be subject to the guidelines, terms and agreements where applicable.
2. ELECTRONIC COMMUNICATIONS
4. YOUR PERSONAL INFORMATION
5. COPYRIGHT COMPLAINTS
6. RISK OF LOSS
7. RETURNS AND REPLACEMENTS
12. WARRANTIES & REMEDIES
13. FORCE MAJEURE
14. SITE POLICIES & MODIFICATION
1. PRIVACY ▲
2. ELECTRONIC COMMUNICATIONS ▲
When you use any our website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT ▲
All contents included in or made available through this website, such as text, graphics, logos, button icons, images and data compilations are the property of Ohsum Mossum or its content suppliers and protected by international copyright laws.
4. YOUR ACCOUNT INFORMATION ▲
By using our website, you are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer or email, and you agree to accept responsibility for all activities that occur under your email account or payment information. Ohsum Mossum does sell products to children, but it sells them to adults, who can purchase with a valid credit card or other permitted payment method. If you are under 18, you may make a purchase only with involvement of a parent or guardian. Ohsum Mossum reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
5. COPYRIGHT COMPLAINTS ▲
Ohsum Mossum respects the intellectual property of others. We only promote and sell original products from brands that were rightfully manufactured or relabelled under license from the original designer(s) or their manufacturers. If you believe that your work has been copied in a way that constitutes copyright infringement, please email firstname.lastname@example.org and we will investigate.
6. RISK OF LOSS ▲
All items purchased from our website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. However, even though such cases are rare, if occurred, we will still assist you in resolving this issue with the carrier company. Kindly refer to the RETURNS AND REPLACEMENTS section below.
7. RETURNS AND REPLACEMENTS ▲
Ohsum Mossum inspects all products carefully for defects prior to delivery. We attempt to be as accurate as possible with the information we provide. However, we do not warrant that product descriptions are 100% accurate, complete, reliable, current, or error-free. If a product offered by Ohsum Mossum is regarded as “Significantly Not as Described”, your sole remedy is to return it in UNUSED condition with its original packaging.
7.1 The following are the conditions for returns and replacements due to the item being “Significantly Not as Described”:
You received a completely different item. For example, you purchased a red pen but received a blue pen instead. You are advised to report this to us immediately within 5 days after receipt of goods. We will arrange for pick up of the item in its Unused state back to us and the cost of shipping for return and replacement will be borne by us.
The item was damaged during shipment. You are advised to report this to us immediately within 5 days after receipt of goods. All deliveries are signed and dated on the consignment note provided by the carrier and will be used as proof of date of receipt of goods. It is your responsibility to inspect the goods upon receipt within the stipulated 5 days, whether by yourself or someone on your behalf. Failure to do so may disqualify you from the claim. We will file for claim with the carrier company and once it is clarified and approved, we will arrange for a replacement to you as soon as possible, usually within 7-21 working days. The cost of shipping for return and replacement will also be borne by us.
You purchased 3 items but only received 2. If it is due to our error in packing the goods, once rectified, we will send a replacement of the outstanding good(s) and the cost will be borne by us.
The item condition was stated New, but the item you received is clearly Used. As we inspect all contents of the items before delivery, this is very unlikly to happen. However, if you have reasons to believe that the item is indeed used, you must report this to us within 3 days after receipt of the item via email with detailed images of the said used product and packaging. If it is indeed clarified as used due to our error, we will arrange for pick up of the said item and the delivery for replacement shall be borne by us.
Missing parts. The item supposedly had two parts/components but it was missing from the packaging. You must report this to us within 3 days after receipt of goods. Once rectified, we will send a replacement of the part(s) and the cost will be borne by us.
7.2 An item is not “Significantly Not as Described” if it is materially similar to the item's listing description. Here are some examples:
The defect in the item was correctly described.
The item was properly described but you did not want it after you received it.
The item was properly described but it did not meet your expectations.
Packaging/box was torn or dented, but the product was fine and functions as described.
The received item was leaning towards purple but it was labelled as 'pink' color as provided by the manufacturer.
The item was broken during first use because you did not read its guide carefully or did not enquire prior to use.
8. EXCHANGES ▲
For every product, we provide as much information as possible about the items (usage, size, weight, material, etc), so we advise customers to read and understand the products carefully before confirming the order. If you are unsure about certain details/descriptions, kindly contact email@example.com before confirming the order.
However, should you insist on an exchange due to personal reasons not deemed as “Signifantly Not as Described”, you must notify us within 5 days from date of receipt of item. We will arrange for our existing carrier company (the same as delivered) to pick up the item(s) in its UNUSED condition and the shipping and handling charges for returning the item(s) shall be bourne by you. After inspection of the returned item(s), if the condition is clearly Unused and in good condition, we will deliver the replacement item and the cost will be bourne by you as well.
Please note that the replacement of the item will be subject to availability of color/model during receipt of the returned item from you. If out of stock, you may select another item of a different category that is of similar price or lower. Outstanding differences will be advised if any and must be paid in advance including the shipping cost prior to delivery.
Do Not attempt to send back the item to us using your own carrier or delivery method. Returned goods received via other carriers, if damaged or lost, will not be replaced and no refunds will be entertained.
9. REFUNDS ▲
Ohsum Mossum generally does not practise refunds. However, in cases deemed under “Significantly Not as Described”, when a returned item has been duely reported and received but a replacement or exchange is not possible due to factors such as Discontinued Item or Indefinite Out-of-Stock, a full refund of the item and delivery cost shall be reimbursed to you.
10. PAYMENT ▲
We are currently using PayPal as our default payment gateway for both PayPal account holders and direct payments (no PayPal signup) for major Credit Cards. When payment has made by the Buyer and is reflected in Ohsum Mossum's PayPal merchant account, all matters pertaining to the orders or payment disputes shall first be dealt with Ohsum Mossum and attempt to be resolved between these two parties. When matters between the Buyer and Ohsum Mossum cannot be resolved, the terms and conditions of PayPal will apply and the Buyer has the option of filing a dispute claim directly with PayPal.
If the Buyer has made a payment but the payment is not reflected in Ohsum Mossum's PayPal merchant account, the Buyer has to file a direct complaint with PayPal or the relevant Credit Card company and we will gladly assist in the investigation of this matter.
Full payment must be made through the specified payment gateways (PayPal) within 24 hours of order confirmation. Failture to do so within the stipulated time may result in cancellation of the order and you will have to repeat the ordering process. Note that stock status for the reordered items may have changed or become unavailable.
11. PRICE ▲
The price of the Goods and/or Services shall be the price stated in Ohsum Mossum’s website at the time which you, the Buyer makes its offer purchase to us. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which you will be liable to pay to Ohsum Mossum in addition to the price.
12. WARRANTIES & REMEDIES ▲
12.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
12.2 Subject to this Condition 12, Ohsum Mossum warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Ohsum Mossum further gives to the Buyer such implied warranties as cannot be excluded by law.
12.3 Ohsum Mossum’s above warranty concerning the Goods is given subject to the following conditions:
No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Ohsum Mossum.
Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
Ohsum Mossum binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Ohsum Mossum's opinion in that behalf. Ohsum Mossum does not give any warranty as to the quality state condition or fitness of the Goods.
Ohsum Mossum shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Ohsum Mossum, addition and insertion of parts, in particular of spare parts which do not come from Ohsum Mossum.
Ohsum Mossum shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Ohsum Mossum's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Ohsum Mossum's approval.
Ohsum Mossum is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Ohsum Mossum’s prior written approval and the Buyer shall indemnify Ohsum Mossum against each loss liability and cost arising out of such claims.
Ohsum Mossum shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
Ohsum Mossum shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
12.4 When Ohsum Mossum has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts there of shall become Ohsum Mossum’s property.
13. FORCE MAJEURE ▲
13.1 Ohsum Mossum shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Ohsum Mossum's obligations if the delay or failure was due to any cause beyond Ohsum Mossum's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Ohsum Mossum's reasonable control:
Natural disasters, explosion, flood, tempest, fire or accident;
War or threat of war, sabotage, insurrection, civil disturbance or requisition;
Acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
Import or export regulations or embargoes;
Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Ohsum Mossum or of a third party);
Interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
Power failure or breakdown in machinery.
13.2 Upon the happening of any one of the events set out in Condition 13.1 Ohsum Mossum may at its option:-
Fully or partially suspend delivery/performance while such event or circumstances continues;
Terminate any Contract so affected with immediate effect by written notice to the Buyer and Ohsum Mossum shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
14. SITE POLICIES & MODIFICATION ▲
Please review our other policies posted on this site. These policies also govern your use of Ohsum Mossum services. We reserve the right to make changes to our site, policies, Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Ohsum Mossum Enterprise
29-1, Jalan PJU 1/3G,
SunwayMas Commercial Centre,
47301 Petaling Jaya,