These terms constitute a legally binding and enforceable agreement between Rosy Apple Sdn Bhd (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of this website to browse and/or purchase items displayed by us on the website. By making a purchase of our product, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access of our website. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing, commenting, or making purchase at our website.

The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the website after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions.

ELIGIBILITY

You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with the Terms stated therein.

SUPPORT

The Company offers an email as well as phone call-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at admin@april22.com.my and admin@rosyapple.com.my.

The Company shall revert to every complaint at the earliest upon receipt of the complaint during the business days. Further, the Company shall take the best possible efforts to redress the complaint within 7 days of receipt of the complaint. Any suggestions by the Company regarding the purchase of items shall not be construed as a warranty.

The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company.

USER DATA

You represent and warrant that any information provided by you is and shall remain true, accurate, and complete. You agree that we shall not be held liable whatsoever if any information you provide to us is found to be false, inaccurate, outdated or incomplete.

You agree that the Company, may, in accordance with its privacy policy, collect and use your information, technical data, and related information for record purposes. The Company may use information and data pertaining to your purchase for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of sale and customer experience. You provide your consent to such use and sharing of your information.

INTELLECTUAL PROPERTY RIGHTS

This website is designed, updated, and maintained independently by the Company. When you access our website, you do so under a license granted from us. All rights, titles, and interest in text, graphics, audio, design, and other works on the website together with all the intellectual property related thereto including inter alia the domain name, copyrights, the look and feel of the website, the trade name and trademarks, patents and designs are the sole property of the Company or its licensors. All third-party trademarks and brand names that appear on the website are the property of their respective owners. Content on the website is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the website for any commercial purpose is a violation of the intellectual property of the Company and/or its affiliates or associates or of its third-party information providers.

EXEMPTIONS TO LIABILITY OF COMPANY

User agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of sale of certain product or to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.

PAYMENT

All products remain our property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ or guardians’ permission to purchase any product from us.

All transfers conducted through our website are handled and transacted through third party dedicated gateways to guarantee your protection.

DELIVERY & RATES

1.          All orders received are subject to bank authorization prior to processing. Only authorized orders will be processed.

2.          Orders are processed for delivery on business days only (Monday to Friday, excluding Public Holidays). We use POSLAJU as our standard delivery courier. Delivery usually takes between 3 to 5 business days for West Malaysia and 3 to 5 business days for East Malaysia. However, we shall not be liable for any losses in the event of late delivery.

3.          Orders are dispatched for delivery between 9.00am – 6.00pm from Monday to Friday and 9.00am – 1.00pm on Saturday.

4.          We only deliver to addresses in Malaysia for the current time being.

5.          We understand that getting your purchased orders quickly is important to you, so we make every effort to process and deliver your orders as soon as we can. To ensure prompt delivery, kindly ensure that you provide us with an accurate delivery address, contact details including telephone number and email address. Failure to do so may risk our courier service being unable to deliver in a timely and prompt manner.

In the event that we fail to deliver to you at the delivery address provided by you, we will make a subsequent 2^nd attempt at the specified delivery address. In the event the 2^nd attempt of delivery for any ordered items is unsuccessful, we reserve the right to retain and store the items for an additional period of 30 days. During this period, we will make reasonable efforts to contact you using the contact information provided during the order process to arrange for a successful delivery.

If, after the expiration of the aforementioned 30-day-period, you fail to take delivery or arrange an alternative delivery method, the order shall be deemed cancelled. Upon cancellation, we shall be under no obligation to refund you the order amount or make further attempt to deliver the ordered items to you.

PROOF OF DELIVERY

Our courier service may request for a signature from the intended recipient of the items purchased. In circumstances where our courier service fails to deliver to the intended recipient, it may deliver the order to the reception of the recipient’s address, and obtain a signature from the receptionist as a proof of delivery.

ORDER

Orders placed and received on business days (Monday to Friday, excluding public holidays) are processed on the same day in the order in which they are received. Orders placed after 11.00am would be considered as next day purchase for courier purposes. Orders placed and received on weekends (Saturday or Sunday) will be processed the next business day (Monday).

We will send you a confirmation email for your order after your payment is verified and authorized by the Bank and we have accepted your order. The confirmation email will contain your order details including customer details, product description and delivery address. If you do not receive the order confirmation email within 3 business days, please check your order summary in “My Account” or your email junk folder. Alternatively, you may also contact our Customer Service team at admin@rosyapple.com.my.

REPORT ORDER PROBLEM

If in the event that any product is missing from your order, please report to our Customer Service team at admin@rosyapple.com.my within 2 days from the date you receive the product and we will attend to your report.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.

OUT OF STOCK ITEMS

We strive to deliver your order within the delivery time stipulated. However please note that in the event of stock unavailability of items ordered, we will inform you within 2-3 business days and we seek your kind understanding in the delay of the shipment pertaining to stock availability. We do not accept back orders.

If you have any questions on items that are not available online, please contact our Customer Service team at admin@rosyapple.com.my.

RETURN & REFUND POLICY

1.          Within two (2) days from receipt of products, you may email us directly if any discrepancies or damage is found in the received products, where we will facilitate the refund process for you or to replace the products at our discretion. Any item not in its original condition or damaged for reasons not due to our error may not be eligible for refund, in which case, the product in question will be returned to you.

2.          All items purchased are not subjected to refund.

3.          If you purchase APRIL 22’s products from any unauthorized retailers, websites or other unauthorized sources, we will not be able to assist you with any issues that may arise and shall not be liable towards any matter arising therefrom.

PRICING

Product prices listed on our website are subject to change without advanced notice.

CANCELLATION OF ORDER

Once an order is placed, it cannot be cancelled. We urge you to review and validate all details and information before proceeding with the payment.

GOVERNING LAW

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of Malaysia.