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Minarch - Terms of Purchase (Malaysia)
1. Introduction
1.1 These Terms and Conditions (“Terms”) govern the sale of products (“Products”) by Minarch Sdn Bhd (“Minarch,” “we,” “us,” or “our”). By placing an order, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.
1.2 The terms in this document are subject to change without prior notice, and the latest version will be posted on our website or available at our showroom.
2. Price and Payment
2.1 You agree to pay Minarch Sdn Bhd the total amount specified as “TOTAL” on your sales order (“Order”). The price is quoted in Ringgit Malaysia (RM) and includes one time delivery only.
2.2 Full payment must be made at the time of order. Under no circumstances shall the initial payment be regarded as a deposit. Receipt of full payment will be issued upon order confirmation or upon clearance of cheque or bank transfer.
2.3 In cases where you choose to pay a deposit, at least seventy percent (70%) of the total sales amount is required to proceed with order production. If an initial payment of less than 70% is made, the remaining deposit must be collected before the order can be processed.
Full payment of the remaining balance must be completed at least three (3) days before scheduling the actual delivery date.
2.4 Please note that the deposit is non-refundable once paid, regardless of any subsequent cancellation or change. For more information, please refer to Clause 3 regarding order acceptance and cancellation policies.
2.5 Accepted payment methods includecheque, credit/debit card, online transfer (EFT), or cash. For security and record-keeping, cash and card payments must process at our showroom equipped with CCTV surveillance.
2.6 Payment by cheque must be received and cleared at leastseven (7) business days prior to the estimated delivery date.
2.7 Customers are responsible for any costs incurred in arranging payment, including additional transfer fees and related charges.
2.8 When you place your order, we conduct a standard pre-authorization check on your payment method to ensure sufficient funds are available. Your order will not be dispatched until this check is successfully completed.
2.9 Upon placing your order and paying the deposit, Minarch will issue a “Sales Order” document specifying the details of your order.
3. Orders
3.1 The Customer’s order details—including quantities, specifications, and descriptions—are as specified in the sales order.
3.2 Changes to the order (such as model, color, or options) must be requested within three (3) calendar days of the original order date stated in Sales Order. Changes may be subject to additional costs, availability, and approval.
3.3 When a deposit is accepted by Minarch for your purchase of a product, the order becomes immediately binding on both Minarch and you:
- 3.3.1 You agree to all the terms and conditions outlined in these Terms.
- 3.3.2 You warrant that you are authorized to use the payment method provided.
- 3.3.3 You warrant that you are at least eighteen (18) years old.
- 3.3.4 You become liable to pay the remaining balance for the products according to these Terms.
3.4 By placing an order and making either full payment or a deposit,you acknowledge and agree that the product meets your requirements and is suitable for its intended purpose in every respect.
4. Delivery
4.1 Minarch will coordinate with you to establish an estimated delivery date ( typically stated in “Sales Order” ). Please be advised that delivery dates are approximations and not definitive. Any deferment of the delivery date must receive prior written consent from Minarch. (Refer to Storage Options if necessary.)
4.2 Should your order be ready ahead of schedule and you consent to an earlier delivery, this will constitute the new delivery date. Minarch will provide you with confirmation.
4.3 At our discretion, Minarch may execute partial deliveries at no additional cost. However, should you request partial shipments, applicable delivery fees will be incurred.
4.4 For Delivery During Renovations,If you request delivery prior to the completion of renovation works, please designate an on-site representative to inspect and verify the condition of the products upon delivery. The appointed representative must endorse the delivery order, thereby confirming the products’ satisfactory condition.
Minarch will facilitate an on-site inspection by unpacking the products for assessment, subsequently rewrapping them with the original packaging materials to the best extent possible.
Minarch disclaims any liability for damages noted post-inspection, as such damages may be attributable to third parties, including contractors or movers engaged by you.
4.5 Minarch will not be held accountable for delivery delays arising from circumstances beyond our control, such as supplier constraints, production setbacks, or transportation issues.
5. Accurate Address and Access to Premises
5.1You are responsible for providing valid and complete delivery address details at the time of order. Minarch cannot deliver to PO Boxes. A person over the age of 18 years must be available at the delivery address to accept the delivery.
5.2 If there are any potential access or site constraints (e.g., stairs, narrow passages, restricted entryways), you must notify Minarch in advance. This ensures proper planning for the delivery process.
5.3 You are solely responsible for ensuring that there is adequate access and clearance to facilitate the delivery, positioning, and, if applicable, removal of existing furniture from the premises.
5.4 Minarch shall not be liable for any property damage caused by third-party delivery personnel or contractors engaged by you.
5.5 If any of the following circumstances occur, a delivery card will be left at the premises, and you will be responsible for either re-arranging of re-delivery:
- 5.5.1 No authorized person over 18 years old is available to accept the delivery at the pre-arranged date and time.
- 5.5.2 There is insufficient space or access at the delivery location to facilitate the delivery or placement of the products.
5.6 You may incur additional charges for re-delivery, storage, or removal of existing furniture or obstructions, as applicable.
6. Storage Options
6.1 You may defer delivery and have your order stored by Minarch at no additional charge for up to eight (8) weeks beyond the original estimated delivery date stated in your sales order (“Free Storage”), subject to the following conditions:
- 6.1.1 The entire order is fully ready and available for pickup at our warehouse; and
- 6.1.2 You notify Minarch in writing or text messages at least 48 hours before the estimated delivery date stated in your sales order to request the Free Storage.
- 6.1.3 This deferment and free storage service can be utilized once per order. If the storage period exceeds eight (8) weeks, the product must be delivered or removed from our storage facility.
6.2 You may request an extension of storage beyond eight (8) weeks by paying for additional storage (“Extended Storage”).
- 6.2.1 The request must be made at least 48 hours prior to the original delivery date.
- 6.2.2 The applicable fee is RM90 per week of storage or 0.3% of the total order amount per week of storage, whichever is higher.
- 6.2.3 The order will be stored at your cost until the next scheduled delivery date.
6.3 The invoice for the extended storage fee will be issued to you, and full payment must be made before delivery of the products. Delivery will not proceed if the payment is not received.
7. Refund and Return Policy
7.1 Please choose carefully as we do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the Minarch Showrooms before purchasing the Products. If you cancel your order Minarch will rescind the contract for sale of the Products by notice to you and you:
- 7.1.1 agree to forfeit the full deposit amount paid, if the manufacture of your Products has commenced and
- 7.1.2 agree to forfeit the entire purchase price of the products if the products are Clearance Products; and
- 7.1.3 will have no further claim to the Products, and
- 7.1.4 Minarch may solely at its discretion agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.
- 7.1.5 Minarch accepts no cancellation of orders, returns, refunds or exchanges on Clearance Products to the extent that any physical imperfections or other defects have been made known to you or have otherwise been identified by you from your reasonable inspection at the time of your purchase.
7.2 Please note that custom-made, clearance items, or display units are non-refundable and non-cancellable. Negotiations for the refund amount are not entertained. All decisions regarding returns, refunds, or cancellations are at the sole discretion of Minarch Sdn Bhd.
7.3 If full payment is not made within the specified period, Minarch reserves the right to treat this as a breach of the sales contract.
- 7.3.1 In such cases:
- 7.3.1.1 You agree to forfeit your deposit, or if the products are clearance items, the full purchase price.
- 7.3.1.2 You shall have no further claim to the products.
- 7.3.1 In such cases:
8. Clearance Product
8.1 For the purposes of these Terms, “Clearance Products” refers to any goods offered for sale or sold by Minarch Sdn Bhd that fall into one or more of the following categories:
- 8.1.1 Items identified and promoted as “Clearance” or similar titles;
- 8.1.2 Display items;
- 8.1.3 Products that may be defective, damaged, flawed, soiled, or of substandard quality;
- 8.1.4 Items sold at a discount from their normal retail price due to the aforementioned defects, damages, or substandard conditions;
- 8.1.5 Goods sold as part of a “Clearance Sale” or similar promotional events conducted by Minarch.
8.2 When purchasing Clearance Products, it is your responsibility to inspect the goods prior to purchase. You acknowledge and accept any defects, minor damages, scratches, marks, or blemishes that do not affect the product’s performance. Such visible defects or damages will be noted at the time of sale and will not be covered under warranty.
Please note that products purchased as Clearance Products are sold “as is,” and no warranties or guarantees are provided for such goods.
9. Delay
9.1 MINARCH SDN BHD shall not be responsible for any delay in performing any of its obligations where the delay is caused by factors beyond our control, including but not limited to delays caused by the supplier or manufacturer, production delays, or shipping and transportation delays.
10. Product Characteristics and Variations
10.1 The appearance of your purchase may differ from the samples or images displayed in Minarch’s showroom or on our website, due to the natural characteristics of the materials used and the craftsmanship involved. Examples include, but are not limited to:
- 10.1.1 Surfaces of furniture, such as upholstery, may vary in appearance, creasing, or softness.
- 10.1.2Timber components may differ in colour, finish (including stain, paint, or veneer), or grain pattern as part of our ongoing improvement process.
- 10.1.3 Leather, fabric, and other material samples are approximate representations; existing batches may vary in colour, texture, or shade due to natural variation.
- 10.1.4 Genuine leather will display scars, marks, and areas of differing density and shade, which are characteristic of high-quality, natural leather.
- 10.1.5 Natural marble or stone surfaces will exhibit veining, colour variations, and patterns unique to each piece. These variations are inherent to natural marble and are considered part of its beauty and authenticity.
10.2 To the fullest extent permitted by law, Minarch reserves the right to modify dimensions, materials, design, and construction specifications of our products to improve the overall quality and aesthetic, without compromising the essence of the agreed-upon product. Such changes will typically be minor and unnoticeable.
10.3 If replacement parts or repairs are needed under warranty, and if the original product has been discontinued or altered, Minarch will use our best efforts, subject to the limitations above, to ensure that repairs and replacements meet our quality standards.
11. Faulty Products
11.1 All manufacturing defects and delivery damages must be reported within 24 hours of delivery with digital images. If a manufacturing defect or delivery damage occurs to the furniture during delivery, you must refuse the delivery and immediately notify our staff. If the defect or damage is verified, MINARCH SDN BHD will repair or send new parts at our expense, at our sole and exclusive discretion.
12. Liability
12.1 To the extent permitted by law, all warranties, whether implied or expressly stated in these Terms, are excluded. Minarch Sdn Bhd shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise, for:
- 12.1.1 any increased costs or expenses incurred;
- 12.1.2 any loss of profit, revenue, business opportunities, or anticipated savings;
- 12.1.3 your misuse or improper use of the products;
- 12.1.4 acts, omissions, or negligence by you or your agents;
- 12.1.5 any loss or expense arising from a claim made by a third party;
- 12.1.6 delays in delivery or performance of the products;
- 12.1.7 any indirect, consequential, or special damages arising from Minarch’s delay or failure to fulfill the order.
12.2 Where Minarch’s liability cannot be excluded, the maximum aggregate liability for any breach of warranty, guarantee, or condition (whether implied by law or otherwise) shall be limited to the amount paid by you for the product that gave rise to the liability.
13. Intellectual Property
13.1 All intellectual property rights—including but not limited to designs, patents, trademarks, copyrights, and trade secrets—remain the property of Minarch or its licensors at all times.=
13.2 You agree not to duplicate, reverse engineer, copy, or use any of Minarch’s intellectual property without prior written permission. Breach of this clause may result in legal action and compensation for damages.
14. Warranty
14.1 At the sole and exclusive discretion of MINARCH SDN BHD, and in appropriate cases, assistance will be provided in facilitating valid claims against applicable manufacturer’s warranties. MINARCH SDN BHD will not be responsible for any costs, including but not limited to delivery costs, incurred in the processing of claims under manufacturer warranties. Questions regarding warranties should be directed to our staff with a copy of your original purchase invoice.
15. Personal Data Protection Policy
15.1 Minarch may collect and process your personal data according to our Personal Data Protection Policy, available on our website or upon request.
15.2 By purchasing our products, you consent to the processing and possible transfer of your data, including overseas transfer, where necessary for business operations, in accordance with our policy.
16. Indemnity
16.1 To the full extent permitted by law, you agree to indemnify and hold harmless Minarch against any liabilities, expenses, or damages arising from your breach of these Terms or your misuse of the products, including acts of negligence or omission.
17. Governing Law
17.1These Terms shall be governed by the laws of Malaysia. Both parties agree to submit to the non-exclusive jurisdiction of Malaysian courts.
18. General Terms
18.1 These Terms constitute the entire agreement between Minarch and you regarding the purchase of products and supersede all prior communications and agreements.
18.2 If any part of these Terms is deemed invalid or unenforceable, that part shall be severed, and the remaining provisions shall remain in full force and effect, as closely aligned to the original intent as possible.
19. By submitting your payment OR signing this document, you acknowledge and agree to be bound by our Terms of Purchase and Warranty Policies of Products. You further acknowledge that we reserve the right to amend the Terms of Purchase at any time without prior notice.
For notices under these Terms or if you seek further information, please contact Minarch Customer Service:
Phone: + 60 12 598 6139
Lot 43936. 4½ Mile, 34, Jln Klang Lama, 58000 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur.
Minarch Sdn Bhd (1463922-K) – www.minarch.my
© 2025 Minarch Sdn Bhd. All rights reserved.