1. When you purchase any product (the "Product(s)") and/or handling, delivery and/or any other services (the “Service(s)”) from Akay Infinity PLT ("us", "we", "our") on www.akayinfinity.com (the "Website"), you conclude a legally binding agreement with us based on these Terms of Purchase. Each order under which you purchase Product(s) and/or Service(s) shall be referred to as an "Order".
4. You agree that we may modify these Terms of Purchase without liability and without prior notice to you. The modified Terms of Purchase will be posted on the Website, and will come into effect from the date of such posting. You are advised to check for updates to these Terms of Purchase regularly, prior to purchasing any Product(s) on the Website.
5. You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access the Website. You must comply with all the rules and regulations that apply to the means that you have used to access the Website (e.g. Internet access).
6. We will do our best to check the Website for viruses but we do not warrant that the Website is free of viruses or other malicious content.
7. All decisions and determinations made by us under these Terms of Purchase are final.
Product(s) – Description and Prices
8. We may temporarily or permanently remove any Product(s) and/or Service(s) from the Website at any time, with or without notice to you.
9. All Products sold through the Website are intended for domestic use only; the Products are not suitable for commercial or industrial use unless expressly stated.
10. We try our best to make sure that all information on the Website, including descriptions of the Product(s) and/or Service(s) and listed prices are accurate at all times.
11. When browsing the Website, the colours of Products may vary depending on a number of factors, such as the display settings of your computer monitor.
12. Pictures and images on the Website are for illustration purposes only. For an accurate description of any Product and details of what is included with the Product, please read the Product description.
13. Unless otherwise stated, all Product prices shown on the Website are quoted in Malaysian Ringgit and are inclusive of applicable Malaysian taxes.
14. However, the Product prices are not inclusive of Service fees (e.g. delivery charges), which will be added to your total Order price.
15. If we discover an error in the price or description of an item you have ordered, we may cancel your order at any time up to the point we send the item(s) to you. We will contact you where we become aware of an error and ask you whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order you will receive a full refund of any charges paid in advance.
16. We have some of our Products made available on other platforms (e.g. Lazada, Shopee) in Malaysia as well as in other countries. Products on other platforms may have different prices, promotions and/or availability as compared to our own platform here.
17. We reserve the right to adjust prices, Products, Product descriptions, Services, Service descriptions and special offers at any time and at our discretion.
Placement of Orders
18. When you place an Order, you represent and warrant to us that:
(a) you are above 18 years of age;
(b) if you are not above 18 years of age, you have obtained the consent of your parent or guardian to place the Order;
(c) you are duly authorized to use the customer account under which you have placed the Order; and
(d) you are authorised to use that credit or debit card or other methods of payment offered (e.g. it is in your name or you have permission to use it).
19. You will also need to provide us with an active email address and a telephone number so that we can easily contact you.
20. We ship worldwide, with some minor exclusions. Orders must be paid for by Visa (except Visa Electron), MasterCard or PayPal. Local import duties may be payable on receipt. Should you be an International customer and have a tax question, we would recommend contacting your local tax office. Please note however that this site and its contents do not form an agreement between us and a customer in a jurisdiction in which the products offered for sale would go against any local, regional or national laws. If you know that it would be illegal for us to sell our products in your country, please do not order items from the Website as we cannot be held responsible.
21. Your Order counts as an offer to purchase the Product(s) and/or Service(s) from us, at the prices set out on the Delivery Notification email.
22. After placing your Order, you will receive an order confirmation email. This contains an order number, details of the Product(s) & Service(s) you have ordered and the total cost of the Order
23. The Order confirmation email does not constitute our acceptance of your Order.
24. The sale of Products is subject to availability. If any Product that you have ordered is not in stock, we will contact you.
25. Your Order is only accepted by us when we send to you the Delivery Notification email. Confirmed orders will be shipped out from our warehouse within 1-3 business day(s) if they are placed before 12 noon, Monday – Friday, excluding public holidays. Orders placed on Friday after 12 noon and over the weekend will be processed on the following Monday and will be delivered on Tuesday, excluding public holidays.
26. For Order placement of Party Props rental which constitutes as a Service, the Order is only accepted by us when we confirm of the availability of the party props for the requested dates. By engaging our Hire Service, you accept the following:
(a) The provision of the Service is subject to the additional payment of a refundable deposit ("Deposit").
(b)The Deposit will be refunded after the rendering of such Services and upon inspection by our warehouse that no damage found on our goods.
(c)The Deposit will be refunded within 7 working days upon clearance of inspection by our warehouse.
27. Personalised Products Orders are subject to the availability of Products. In the event that the Products are or become unavailable, we will notify you by email.
(a) When ordering Personalised Products (as defined below) you accept full responsibility for ensuring that you upload adequate quality images (where applicable) and complete the online order form accurately.
(b) Any text or bespoke words (the “Text”) that you provide in relation to personalised Products such as personalised banners, personalised wrappers, personalised stickers and/or personalised cards (“Personalised Products”) will be used by us in the manner and form that we receive the Text from you, including any deliberate or otherwise obvious spelling mistakes. We will not make any alteration to the Text.
(c) A 'proof read’ is provided when creating your Personalised Products to allow you to verify the Text. The ‘proof read’ is intended as a guide only and is displayed in a lower resolution for screen viewing purposes only. You would need to approve the 'proof read' before we can proceed to produce your Personalised Products (d) Personalised Products take 2-4 working days, after artwork confirmatio, to produce. It is your responsibility to ensure that you order your Personalised Products well in advance of your event date.
Delivery of Orders
28. All delivery services are provided by our third party service provider.
29. All delivery services are provided by our third party service provider, and you acknowledge that such delivery services are provided to you directly by them.
30. The delivery fees are based on the delivery of one Order to a single address within Malaysia. Promotional delivery fees may apply at our discretion and may be withdrawn at any time before the Order is confirmed.
31. We do not deliver to P.O. Box address.
32. We work our best to try to meet all delivery times but sometimes there may be delays – e.g. because of postal/carrier delays, logistics or bad weather. We will keep you updated as much as we can and you should be able to track your parcel’s progress.
33. You shall inform us of any delivery restrictions or difficulty in accessing your property when you place an Order, and ensure that the relevant permissions are obtained from the building/residential management prior to the scheduled delivery date. If we are unable to deliver on the confirmed delivery date due to any difficulty in accessing your property, a re-delivery fee shall apply for the next delivery attempt. We are not obliged to complete the delivery of your Order prior to receiving payment of the re-delivery fee.
34. Our service providers are not obliged to wait for you to grant our service providers access to the property as they will have to fulfil other deliveries scheduled for the day. If they leave, any attempt at re-delivery shall be subject to a fee.
35. Please make plans to be available to accept your delivery. If you are not available, there must be a person aged 18 years and above that is capable of receiving delivery on your behalf, and you agree that we can rely on such person's instructions as if they were your own. We are not obliged to verify that that person has been authorized by you to receive delivery of the Order. Our service providers are not permitted to leave any Product(s) that have not been signed for. In the event of an unsuccessful scheduled delivery, a re-delivery fee may apply for the next delivery attempt.
36. You agree to inspect the packing of the parcel and to ensure the seal is not damaged or opened before you sign for received products. Please check the content of the parcel if you found the seal is broken and you may refuse to sign for received products.
Click and Collect
36. Besides the delivery of orders, you can choose to have your order fulfilled using our Click and Collect service. Orders placed before 1pm on a working day through our website can be collected at our warehouse the same working day from 2:30pm to 6:30pm. Example, (a) an order placed at 10am on a working Monday can be collected on the same day from 2:30pm; (b) an order placed at 8pm on a working Wednesday can be collected on the next day, Thursday from 2:30pm; (c) an order placed at anytime during non-working days i.e. weekends and public holidays can be collected on the following working day from 2:30pm. Working days are Mondays to Fridays, excluding Public Holidays in Kuala Lumpur.
37. COLLECTING IN PERSON - You will be required to give your unique order number which can be found on your Confirmation email we will send. The email should also be shown at the point of collection. You will also need to show the card you have used to pay for your item along with signing to confirm you have picked up your order. Should you have paid for the order using e-wallets, you will be required to show the payment confirmation on your e-wallet application. All ID must match the name given on your order.
38. SOMEONE COLLECTING FOR YOU – They will be required to give your unique order number which can be found on your Confirmation email we will send. The email should also be shown at the point of collection. They will also need to provide Photo ID for themselves and sign to say they have collected the item on your behalf. They will also be required to give their full name.
39. You will have 14 days to collect your order from receiving your Confirmation email. Should your order not be collected from the warehouse, an automatic refund will be issued once your 14 day collection period is up. The refund will be processed to your original method of payment and this can take 10-14 working days to show back in your account. However the refund amount will be reduced by any administrative charges incurred in the processing of the refund.
40. From time to time, we may give out Promo Codes that you can use to reduce the price of specified Product(s) and/or Service(s). The onus is on you to enter and apply the code at checkout.
41. More info on Promo Codes and the rules on how to use them can be found on our Customer Care pages here – but here are some key things to remember:
(a) Each Promo Code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc).
(b) If you’re given a unique Promo Code that is meant just for you (e.g. a special Promo Code) please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without telling you.
(c) If a Promo Code can’t run properly because someone or something is ruining the promotion – e.g. fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code – we can cancel, modify or suspend the Promo Code.
Changes to and cancellation of Services
42. Any changes and cancellation of Services are not allowed after payment is confirmed. Please contact us at email@example.com for further assistance.
Changes to and cancellation of Orders
43. Any changes and cancellation of Orders are not allowed after payment is confirmed. Please contact us at firstname.lastname@example.org for further assistance.
44. You can return any Product within 21 days of the date of your Order, provided that the Product:
(a) is new;
(b) is unused;
(c) has its packaging intact (if applicable); and
(d) fulfils any other returns criteria that may from time to time be imposed by us, and such returns criteria can be found here: Return Policy
45. If we are of the view that the returned Product does not fulfil the returns criteria, we may refuse the return of the Product or instead offer an exchange.
46. We will only process your refund after we have received and inspected the returned Product. All refunds will be made through the issuance of our gift voucher/store credit. Any gift voucher/store credit will have a validity of 12 months from the date when it is credited into your account. However, please note that we will reduce the amount of your refund to reflect any reduction in the value of the returned Product.
47. Service fees (if applicable) are not refundable, unless otherwise permitted by us.
48. The goods are your responsibility until it reaches our warehouse. Please make sure it is packed properly and securely to avoid any damages. Any cost incurred in the process of returning the Product(s) to our warehouse shall not be borne by us.
49. You will not have any right to cancel a Contract for the supply of any of the following Products: - Personalised Products that have produced to your specific requirements; or banners, cards and invitations.
50. Any returns have to be communicated to us in writing at the earliest opportunity through email@example.com after which we will email a Returns Form to be filled and included in the returned goods.
51. All Product(s) are provided "as-is". We, our affiliates, officers and employees give no guarantee, representation or warranty, whether express or implied, in respect of the quality or fitness for a particular purpose of any Product.
52. We will, under no circumstances, be liable for any loss or damage suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorised by us in writing;
(b) use of the Product in a manner that has not been authorised by us in writing, or in a manner that not in accordance with how the Product will be used by a reasonable person;
(c) disregard of any safety instructions or guidelines that we have prescribed; and/or
(d) failure to comply with these Terms of Purchase.
53. We will not be liable to you under contract, tort, statute or otherwise for any: (i) indirect, consequential, collateral, special or incidental loss or damage; (ii) loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment, claims of third parties or any associated and incidental costs or expenses; or (iii) losses that are not reasonably foreseeable at the time your Order is accepted, in each case suffered or incurred by you in connection with any Order, any Product or any services procured under these Terms of Purchase or otherwise.
54. Any condition or warranty which may be implied or incorporated into these Terms of Purchase by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded to the maximum extent permitted by law.
55. Subject to the above and to satisfactory proof, our entire liability to you for a claim in connection with any Order, whether under these Terms of Purchase or otherwise, shall be limited to the Order price.
56. Despite the limitations in the paragraphs above, we do not in any way limit our liability to you for death, personal injury or fraud.
57. Where you buy as a consumer, these Terms of Purchase will not affect your rights under law which cannot otherwise be excluded.
Risk and title
58. Risk: - The Products will be your responsibility from the time of delivery.
59. Title: - Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Electronic Invoices and Credit Notes
60. You agree that all tax invoices or credit notes in respect of any Order made on the Website will be issued to you electronically via the e-mail address you have provided to us. No hard copy invoices will be issued to you. In the event that you have any queries or concerns relating to your receipt of electronic invoices and credit notes, please contact us.
61. We will not be responsible for any delay or failure to comply with these Terms of Purchase if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods.
62. Unless otherwise provided herein, these Terms of Purchase embody all the terms and conditions agreed upon between us as to the sale and purchase of Product(s) and/or Service(s) described herein, and cancels all previous proposals, agreements, representations and undertakings, if any, between us with respect to the subject matter hereof, whether written or oral, notwithstanding the existence of any provision in any such prior agreement that any such rights or provisions shall survive its termination.
63. If you commit any breach of these Terms of Purchase and we take no action, we will not be taken to have waived our rights against you, and will still be entitled to exercise our rights and remedies at a later stage or in any other situation where you commit another breach these Terms of Purchase.
64. In the event that one or more of the terms set out in these Terms of Purchase is held to be invalid, illegal or unenforceable by a competent authority, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.
65. Personal information, such as your contact details, that you provide to us during the Order process will be kept and used by us in accordance with our
Third Party Rights
66. No person who is not a party to these Terms of Purchase shall be entitled to enforce or enjoy the benefit of these Terms of Purchase.
67. If you have a dispute with us, please attempt to resolve it with us informally by contacting us at firstname.lastname@example.org
Governing Law and Jurisdiction
68. These Terms of Purchase shall be governed by and construed in accordance with the laws of Malaysia, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.
69. All notices, requests, and other communications may be sent to us at: