WELCOME
We are delighted to welcome you to the American Tourister Malaysia website (www.americantourister.com.my), the
official online store for the Samsonite brand in Malaysia, and other core brands such as Samsonite Red and
American Tourister, where you can browse, select and order products advertised on the website from Samsonite
(Malaysia) Sdn Bhd in Malaysia. This Samsonite Malaysia website is operated by Samsonite (Malaysia) Sdn Bhd
located at Suite 37.05, 37.06, 37.07 of Level 37, Menara Exchange 106, Lingkaran TRX, Tun Razak Exchange, 55188 Kuala Lumpur, Malaysia. Your
access to and use of this Samsonite Malaysia website is subject to the following Privacy Policy and all
applicable laws.
- USER AGREEMENT
- By using the Samsonite Malaysia website (and App and mobile site) and our social media pages
(collectively the “Website”) you accept these terms and conditions (“Agreement”), Personal
Information Collection Statement and our Privacy Policy. This Agreement is between you and
Samsonite (Malaysia) Sdn Bhd (referred to in this Agreement as “we”, “us” or “our”). We may
change these terms and conditions at any time, and changes will be posted on the Website. By
continuing to use the Website, you agree to be bound by the changes.
- Access to and use of this Website and its contents (for the purposed of this Agreement shall
refer to all of the software and code comprising or used to operate this Website, and all of the
text, photographs, images, illustrations, graphics, sound recordings, video and audio-video
clips, and other materials available on this Website, hereinafter referred to collectively as
the “Content” or “Contents”) are subject to all applicable laws and regulations and to this
Agreement. By accessing, browsing, and shopping at this Website, you accept, without limitation
or qualification, this Agreement, which form a legally binding agreement. If you do not agree,
please exit this Website.
- This Agreement may be changed by us from time to time without specific notice to you. The latest
version of this Agreement shall be posted on the Website, and you should always review the most
up to date Agreement prior to using the Website to ensure that you have a current understanding
of the latest version Agreement under which you are permitted to access this Website.
- ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR
SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS
PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
- REGISTRATION AND USER REQUIREMENTS
- You must be a registered user or guest (“User”) to place orders and access some features of the
Website. You will provide us with personal identifiable information including your full name,
address, a valid email address and a telephone number (“PII”). You must ensure this information
is accurate and current.
- By using the Website and its associated functionality, and if you opt in to receive email
updates from us, you grant your express consent to us to send you direct marketing
communications to the email address you provide, from which you may unsubscribe at any time.
Your consent to receipt of certain communications may be implied from the use of certain
functional aspects of our service, such as receiving reminders that items are in your shopping
cart if you leave the page during a transaction.
- To register an account and/or order from the Website you must be at least 18 years old, have a
current Singapore residential/business address and have capacity to enter into a legally binding
agreement with us.
- ACCESS AND USE OF THIS WEBSITE
- You must only use the Website through the interfaces provided by us and in accordance with this
Agreement and any applicable law.
- You must not (or attempt to):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the
servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering
and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site;
or
- use, copy or distribute (or attempt to use, copy or distribute) Content without our
express permission.
- INFORMATION ON THIS WEBSITE
- We use our best efforts to keep the information on the Website updated. However, it is not
possible to guarantee the complete absence of errors on the Website. The information and other
material published on this Website may include inaccuracies or typographical errors. The
weights, dimensions and volumes of the products are approximate only. We have made reasonable
efforts to ensure that product information is accurate and to display as accurately as possible
the colours of our products. However, we cannot guarantee that your screen”s display will
accurately reflect the colour of the product on delivery.
- Changes are periodically made to the information on the Website without notice to you. We
reserve the right to change the Website at any time, in its discretion. We do not warrant that
the functions contained in the Website or any materials or Content contained therein will be
uninterrupted or error free, that defects will be corrected, or that the Website or the server
that makes it available is free of viruses or other harmful components. We shall not be liable
for the use of the Website, including, without limitation, the Content and any errors contained
therein.
- While we make efforts to ensure that items listed as cabin carry-on/hand luggage meet current
airline restrictions, we cannot be held responsible if an airline applies other check-in
standards or if airlines or airports change their restrictions.
- You agree to make your own enquiries to verify information provided and to assess the
suitability of goods before you order the goods.
- All references on this Website to information, materials, products, and services apply to
information, materials, products and services available in the countries or jurisdictions
specified with respect to such information only, unless otherwise stated. Nothing in this
Website constitutes an offer to buy or sell our products or services in any jurisdiction.
- LINKS TO OTHER THIRD PARTY SITES
- The Website may contain links to external websites that are not operated by us. We do not make
any endorsements, or representation as to the accuracy of information contained within those
websites. These links are provided for your convenience only and you agree that:
- We makes no representations or warranties, or have any responsibility or liability for
those websites;
- the links do not indicate, expressly or impliedly, that we endorse the site or the
products or services that are provided at those sites; and
- you access and use the products and services made available at those sites solely at
your own risk.
- PLACING ORDERS
- You are responsible for all orders placed on your account, including for any discrepancies or
errors in your order caused by you.
- The promotion of goods or services on the Website does not constitute an offer to sell. It is an
invitation to treat only.
- Orders placed by you are offers to purchase goods under the terms and conditions in this
Agreement at the price specified (including delivery and other charges).
- Product(s) in your cart are only reserved for a limited period of time, specified by us. Orders
are only confirmed once payment is received in full.
- We may reject your order, including in circumstances where we believe there may be a credit card
fraud, or where we later become unable to ship your order, or if there has been an error in the
price or product description on the Website.
- You must review your order carefully before placing it. Once an order is confirmed, you are
unable to cancel or change it. If you have any problems with your order, then you must go
through the normal returns process outlined in this Agreement. In the event that we cancel or
are unable to fulfil your order, we will provide a full refund of any payment received.
- You acknowledge that all orders through the Website are with respect to product(s) intended for
your personal and domestic use only and not for any commercial use or resell, and quantity
restrictions may apply as set out on the Website from time to time.
- PRICE AND PAYMENT
- You are responsible for all orders placed on your account, including for any discrepancies or
errors in your order caused by you.
- The promotion of goods or services on the Website does not constitute an offer to sell. It is an
invitation to treat only.
- Orders placed by you are offers to purchase goods under the terms and conditions in this
Agreement at the price specified (including delivery and other charges).
- Product(s) in your cart are only reserved for a limited period of time, specified by us. Orders
are only confirmed once payment is received in full.
- We may reject your order, including in circumstances where we believe there may be a credit card
fraud, or where we later become unable to ship your order, or if there has been an error in the
price or product description on the Website.
- You must review your order carefully before placing it. Once an order is confirmed, you are
unable to cancel or change it. If you have any problems with your order, then you must go
through the normal returns process outlined in this Agreement. In the event that we cancel or
are unable to fulfil your order, we will provide a full refund of any payment received.
- You acknowledge that all orders through the Website are with respect to product(s) intended for
your personal and domestic use only and not for any commercial use or resell, and quantity
restrictions may apply as set out on the Website from time to time.
- PROMOTIONS AND DISCOUNTS
- Online offers and promotions may only be used at the Website and do not apply to purchases at
other online or retail outlets. You may receive online offers and promotions which include a
promotional or coupon code (Code) for use when shopping at the Website. It is your
responsibility to ensure that the Code is valid, and that you enter the Code at the time of
making your purchase online. We cannot apply the Code retrospectively once you have submitted
your Order.
- Terms and conditions will apply to the use of the offer or promotion. Please read these
carefully to make sure you can take proper advantage of these offers. Any Code is
non-transferable and, unless expressly stated, may not be used in conjunction with any other
offers. If your code is lost or stolen it will not be reissued.
- Any percentage (%) off or discount stated applies to the Malaysia recommended retail price (RRP)
of items.
- SUPPLY AND DELIVERY OF GOODS
- Subject to this Agreement, we will supply the product(s) shown on your order confirmation. We
will use our best endeavors to meet indicated timeframes for delivery, however we cannot
guarantee delivery timeframes will be met.
- We offer standard delivery free of charge for orders to residential/business addresses in West Malaysia.
- The actual time of deliver will also be subject to the delivery schedule of the 3rd party
logistic provider (“3PL”) engaged by Samsonite which may be changed from time to time by the 3PL
without any prior notice.
- Erroneously communicated addresses are the responsibility of the User and may lead to extra
charges that will be recovered from the User.
- We ship our products using 3rd party logistic service (3PL). We require someone to sign for
delivery. You accept that a delivery is signed for by a person other than the User, provided
that such person is present at the delivery address and an adult of 18 years or age or over.
- PACKAGING AND LABELLING
- We endeavor to depict goods available for order using accurate images of the goods. At times,
however, goods actually delivered may to a small extent differ in appearance and packaging from
their appearance in images and photographs on the Website.
- All goods are packed in good condition and appropriate packaging. No buyers specific
requirements will be entertained.
- GOODS OUT OF STOCK
- We reserve the right to notify you that goods for which you placed orders have become
unavailable for reasons beyond our control. You will receive a full refund in the event we
cannot fulfil your order.
- DEFECTIVE GOODS
- Where the Singapore consumer protection laws provide certain guaranteed standards and protection
to consumers when they purchase goods, your consumer rights will be respected.
- PROCESS FOR RETURNS AND REFUNDS
- A return can only be made within seven (7) days from receipt of product(s) by you if the
product(s) have been purchased on the Website. For returns of products purchased from another
retailer, please contact the store of purchase.
- When seeking to return a product, Users must complete the return form and submit it to our Customer Service
team. Where required, we will provide you with a Return Authorisation and instructions on how to
return your goods, with which you must comply.
- Once an item is returned we will either inspect your product(s) and investigate any claimed
defect or, where we believe it is applicable, provide a remedy in relation to your product(s).
If we do not believe a remedy is applicable (for example, where we believe the product(s) have
been misused or the defect/damage is not covered by the commercial warranty), we will reject
your claim and return your product(s) to you. You must cover the cost of return shipping in
order to receive product(s) we have rejected on inspection, and we will provide you with
instructions on how to make this payment.
- Refunds will be issued using the payment method used for purchase. We aim to process refunds and
replacements within thirty (30) days of receipt by us of the original product(s), however
this may take longer depending on your item and the number of returns in our system.
- SOCIAL MEDIA AND CONTENT
- You understand that all information, such as comments, messages, text, files, images, photos,
video, sounds and other materials posted on, transmitted through or linked from the Website, our
Facebook page, Instagram page, Twitter feed, Blog, or forum or other like application or site
that allows for the publication of user generated material (“Social Media”), is the sole
responsibility of the person from whom such content originated.
- You understand that we do not control and are not responsible for content made available through
the Website or Social Media unless it originates from us.
- Consequently, by using the Website or our Social Media pages you may be exposed to content
provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise
objectionable. You use the Website at your own risk and to the extent permissible at law we do
not accept liability in this regard.
- As a member or participant on our Social Media pages, you agree that you are responsible for any
content submitted, posted or made available through the Website via your account and you must
not post (or allow) content to be posted through your account that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- is offensive or discriminates against any group of persons being a group defined by
reference to colour, race, sex, sexual orientation, origin, nationality or ethnic or
national origins;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other intellectual property right of
another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
- We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any
content from the Website or our Social Media pages without giving any reasons.
- You understand and agree that we may retain server and backup copies of your submitted content
even if you have altered, removed or deleted your content from public display.
- OWNERSHIP
- Unless otherwise indicated, this Website and all of its Content are protected under applicable
copyrights, trademarks and other proprietary (including, but not limited to, intellectual
property) laws, including without limitation those of the United States, Luxembourg and
Malaysia, and all Content and intellectual property rights therein are the property of Samsonite
or the material is included with the permission of the rights owner and is protected pursuant to
applicable copyright and trademark laws. ALL RIGHTS RESERVED.
- The posting of any Content on this Website does not constitute a waiver of any right in such
Content. You do not acquire ownership rights to any Content viewed through this Website. Except
as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed,
republished, downloaded, modified, displayed, posted, communicated or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without our express prior written permission.
- Permission is hereby granted to the extent necessary to lawfully access and use this Website and
its Content to display, download, archive and print in hard copy, portions of this Website on a
temporary basis and for your individual use only, provided you do not modify the materials and
that you retain any and all copyright and other proprietary notices contained in the materials.
- INTELLECTUAL PROPERTY
- All Content, graphics, user and visual interfaces, photographs, trademarks, logos, artwork, and
computer code, including but not limited to the design, structure, selection, coordination,
expression and arrangement of such material contained or used in the Website is either owned,
controlled, or licensed to us, or is otherwise subject to the intellectual property rights of
third parties and is protected by copyright, patent and trade mark laws and various other
intellectual property rights. We reserve all intellectual property rights, including but not
limited to, copyright in material and/or services provided or authored by us. Nothing in the
Agreement gives you a right to use any of our marketing material, business names, trademarks,
logos, images, domain names or other distinctive brand features.
- The Samsonite logo, all brand and/or product names, all page headers, all custom graphics, all
button icons, all trademarks, service marks and logos appearing on this Website, unless
otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of
Samsonite (the “Marks”). All other trademarks, product names, company names, logos, service
marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are
the property of their respective owners. You are not authorized to display or use the
Marks in any manner without our prior written permission. You are not authorized to
display or use trademarks, product names, company names, logos, service marks and/or trade dress
of other owners without the prior written permission of such owners. The use or misuse of
the Marks or other trademarks, product names, company names, logos, service marks and/or trade
dress or any other materials contained herein, except as permitted herein, is expressly
prohibited.3. Other trademarks used on the Website that belong to third parties are used
by Samsonite with permission and remain the intellectual property of the third party.
- You may not:
- modify or copy the layout or appearance of the Website nor any computer software or code
contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access
any source code related to the Website.
- If you correspond or otherwise communicate with us, you automatically grant to us an
irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display
and distribute the content of your correspondence or communication and to prepare derivative
works of the content or incorporate the content into other works in order to publish and promote
such content. This may include, but is not limited to, publishing testimonials on our Website
and developing your ideas and suggestions for improved goods or services we provide.
- NO WARRANTIES
- WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE
PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND
ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL
SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO
REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY
WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO
STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS,
OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS
CLAUSE.
- The information and all other materials on this Website are provided for general information
purposes only and do not constitute professional advice. It is your responsibility to evaluate
(or take professional advice on) the accuracy and completeness of all information, statements,
opinions and other material on this Website or any website with which it is linked.
- Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not
seek to exclude or limit liability for fraudulent misrepresentation.
- EXCLUSION OF LIABILITY
- To the fullest extent permitted by applicable laws we, on behalf of our employees, agents,
suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of
whatever nature and howsoever arising including, without limitation, any direct, indirect,
special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus,
loss of income or profit, loss of or damage to property, claims of third parties, or other
losses of any kind or character, even if we have been advised of the possibility of such damages
or losses, arising out of or in connection with the use of this website or any website with
which it is linked. You assume total responsibility for establishing such procedures for data
back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY
OTHER BASIS.
- This Agreement gives you specific legal rights and you may also have other rights which vary
from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or
certain kinds of limitations or exclusions of liability, so the limitations & exclusions set
out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions
subject to certain conditions. In such a case the limitations and exclusions set out in
this Agreement shall apply to the fullest extent permitted by the laws of such applicable
jurisdictions.
- YOUR OBLIGATIONS
- You are responsible for providing and maintaining all personal computer and communications
equipment and Internet access accounts necessary to gain access to this Website.
- In consideration of your use of the Website, you agree to provide true, accurate, current and
complete information about yourself.
- Your account, including your username and password, are personal to you and may not be used by
anyone else. You are responsible for maintaining the confidentiality of your password and
username and are fully responsible for all activities that occur under your password or username
by you or by anyone else using your username and password, whether or not authorized by you. You
agree to immediately inform us of any apparent breaches of security such as loss, theft or
unauthorized disclosure or use of your username or password (contact Samsonite at
ecommerce.my@samsonite.com) and until we are so notified you will remain liable for any
unauthorized use of your account.
- You agree to use the Website in a manner consistent with any and all applicable rules and
regulations. You agree not to upload or transmit through the Website any computer viruses,
trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the
normal operating procedures of a computer. Any unauthorized modification, tampering or
change of any information, or any interference with the availability of or access to this
Website is strictly prohibited. Samsonite reserves all rights and remedies available to
it.
- You agree to indemnify, release and hold us harmless as well as our officers, directors, agents,
representatives and employees from any claim, liability, loss, expense or demand, including
legal costs on an indemnity basis, related to your violation of this Agreement or your access or
use of this Website (including any information, materials, products or services available
through this Website).
- GENERAL
- We will not be liable for any delay in performing any of our obligations under this Agreement if
such delay is caused by circumstances beyond our reasonable control.
- This Agreement shall be subject to, governed by and construed under the laws of Malaysia,
without regard to conflict of law principles. Access to, or use of, this Website or information,
materials, products and/or services on this Website may be prohibited by law in certain
countries or jurisdictions. You are responsible for compliance with any applicable laws of
the country from which you are accessing this Website.
- You hereby consent and waive all objections to the exclusive jurisdiction of the courts in
Malaysia and venue therein to resolve any controversy or claim of whatever nature arising out of
or relating to use of this Website. However, we retain the right to bring legal proceedings in
any jurisdiction where we believe that infringement of this agreement is taking place or
originating.
- Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision, and a waiver by us of any right under this
Agreement on any occasion will not in any way constitute a waiver of such right or any other
right on any other occasion. In the event any provision of this Agreement is determined to be
invalid, such invalidity will not affect the validity of the remaining portions of this
Agreement, and the parties will substitute for the invalid provision a provision which most
closely approximates the intent and economic effect of the invalid provision. This
Agreement will apply in lieu of and notwithstanding any specific legend or statement associated
with any particular document or information exchanged.
- If we do not exercise or enforce any right or provision under this Agreement, it will not
constitute a waiver of such right or provision. Any waiver of any provision under this Agreement
will only be effective if it is in writing and signed by us.
- This Agreement is made for the benefit of you and Samsonite only. No one other than a party to
this Agreement shall have any rights to enforce any term and condition of this Agreement,
whether under the Contracts (Rights of Third Parties) Ordinance or otherwise.
- We reserve the right at any time and from time to time to modify, edit, delete, suspend or
discontinue, temporarily or permanently this Website (or any portion thereof) and/or the
information, materials, products and/or services available through this Website (or any part
thereof) with or without notice. You agree that we shall not be liable to you or to any third
party for any such modification, editing, deletion, suspension or discontinuance of this
Website.
- This Agreement (together with our Privacy Policy and Personal Information Collection Statement,
which is expressly incorporated herein) contain the entire understanding between you and us with
respect to use of this Website and no representation, statement, inducement oral or written, not
contained herein shall bind any party to this agreement.
- QUESTIONS, COMPLAINTS, COMMENTS OR CUSTOMER SERVICE CONTACT
- If you have any questions regarding this Agreement or any other matter, or if you have technical
problems in accessing information on our Website, please email ecommerce.my@samsonite.com.
You may also contact us at:
03-21198888
- USE OF INFORMATION OR SUGGESTIONS BY YOU REGARDING THIS WEBSITE
- In the event you provide to us or post any material, information, suggestions or comments on or
through the Website about the Website, the way in which Samsonite conducts its business, or the
operation of the Website, we reserve the right to use such material, information, suggestions or
comments in its discretion, with no compensation or credit to you. You hereby grant to us a
non-exclusive, perpetual, worldwide, royalty free license to utilise and publish such
information and material, in whole or in part. However, our use of information by which you may
be identified (such as your name, address and telephone number), will be governed by the
Website”s Privacy Policy.
- USE OF YOUR SUGGESTIONS TO SAMSONITE REGARDING NEW PRODUCTS, FEATURES OR PROCESSES
- A submission will not in any way establish a confidential relationship nor will it place us in
the position of receiving a submission in trust and we shall not be obligated and makes no
commitment to treat or maintain as confidential such submissions.
- We shall have the right to retain any material submitted to it, to make copies thereof and to
retain the same in its files.
- No obligation is assumed by us or may be implied by the receipt or examination of the submission
unless or until a formal written agreement signed by us and by you, and then our obligations
shall be only as expressed in that written agreement.
- PRIVACY AND PERSONAL INFORMATION
- If you provide us with any PII our Privacy Policy and Personal Information Collection Statement
will govern how we will use and/or disclose that information. By agreeing to this Agreement, you
agree to the terms and conditions of our Privacy Policy and Personal Information Collection
Statement. Before using this Website please read and understand the Personal Information
Collection Statement and our Privacy Policy Statement.
