Delivery Information
1. Product
Delivery
1.1 Address:
Product Delivery must be sent to the address you specified in your Order,
unless otherwise agreed.
1.2 Shipping
& Packing Fee: The shipping and packing costs follow as stated in the valid
contractual letter and agreed between Atelli and Customer.
1.3
Tracking: You can track delivery status by contacting Atelli directly or via a
third party delivery (ex: JNE).
1.4 Delivery
period: Product delivery depends on the availability of the product. Atelli
will make every reasonable effort to provide the Product to you within the
delivery period indicated on the contract page used, but you hereby acknowledge
that there is a possibility that a Product will become unavailable by the time
the Platform is updated or updates to Orders or Products. The given delivery
period is approximate and delays may occur. If your Product shipment is delayed
due to Product availability, Atelli notifies you by e-mail or other media and
Your Product will be shipped as soon as it becomes available. The delivery
period is not a reality.
1.5
Acceptance: Product Delivery is done by a courier / delivery service company
designated by Atelli or conducted by Atelli himself. Atelli is responsible for
facilitating reports / complaints from Customer if Customer has not received
the Product within the estimated timeframe. In the event that Customer has not
received the Product within the estimated timeframe, Customer must notify the
Atelli (contact number) provided through the said Platform since the date of
estimation The Product shall be received within a reasonable period of time.
Atelli will further forward the Customer's objection to the courier / shipping
company concerned to find the best solution for Atelli and Customer. For the
avoidance of doubt, the responsibility is limited to Atelli's services if
Customer fails to make a notice within the reasonable time period referred to
above, Atelli considers that Customer has received the Product properly.
1.6 Product
ship failure: If Atelli fails to deliver the Product; and / or courier fail to
deliver the Product; and / or lost items at the time of delivery, and / or
Customer fails to receive the Products due to errors and / or negligence of its
own (other than for any reason beyond the reasonable control of Customer or by
reason of Atelli's error) without prejudice to Atelli's right to resend or
other remedial action, Atelli may decide to terminate or cancel the Customer
Orders or Contracts. If in this case, Customer has paid payment for the Product
then Atelli will refund the Order to Customer.
2. Product
Price
2.1
Registered List: Price to be paid by Customer is the Price shown when Customer
Confirms Payment of Orders on Platform. Product prices offered and listed on
the Platform may change from time to time depending on the Atelli policy.
Atelli reserves the right to change Product Price and the Price change will
appear on the related Product's offer page so that Customer can know the
updated Product Price before making the payment.
2.2 Taxes:
In general the price of Products sold through the Platform includes tax.
3. Payment
3.1 General:
You may pay for the Product using one of the payment methods specified by
Atelli. All payments must be made to Atelli, you acknowledge that Atelli is
entitled to collect payments from you. Upon each payment method including but
not limited to bank transfer, Subscriber is subject to the provisions of Atelli
and or Atelli may decide to terminate or cancel the Order or Customer Contract
if Customer or Customer's payment fails to comply with the conditions at Atelli
3.2
Additional requirements: To ensure security in transactions, for the benefit of
Customer, Atelli reserves the right to request additional information to
Customer to verify payment of the ordered Product.
3.3 Payment
methods: Customers must follow the applicable provisions of the payment method.
Atelli may modify, add or discontinue, temporarily or permanently any payment
method. Prior to entry, Atelli will contact you first.
3.4
Invoices: Atelli may charge you on the due date of payment under the Contract
Customer.
3.5 Payment
failure: If Customer fails to make payment in accordance with the terms and
conditions of the selected payment method referred to in; and / or payment not
made or canceled by Customer; and / or payments not verified by the payment
system or bank, without prejudice to the rights or remedies available, on
behalf of Atelli are entitled to cancel the Customer Contract or suspend the
delivery of the Product until payment of the Verified and / or Paid Products.
4. Refund /
Repair / Replacement
4.1 All
returns must be made in accordance with the instructions specified in the
Return Policy. Atelli is under no obligation to approve a refund unless all
instructions are followed. If Atelli agrees to return, Atelli will provide
product replacement to your address.
4.2
Permitted return: within 14 days from the date of shipping the product, you may
return the Product if:
a) to
receive products that are fundamentally different from Products stipulated in
the Contract of the Customer; or
b) receiving
a Product that is defective or false.
If Customer
receives the wrong product, Atelli's liability is limited to the correct
product redemption.
c) Risk of
loss or damage: When the Product has changed hands from the courier to Customer
or any other person representing Customer, or the person to whom the Customer
is designated or authorized to receive goods in the office or occupancy, the
risk of damage or loss of the Product is to Customer. We are required to ensure
courier to always get the clear name of the recipient of the goods and the time
(date / month / year) of receipt of the Goods by the recipient of the Goods.
5. Questions
and complaints
If you have
any questions or concerns, please contact Atelli Interior & Furniture via
https://www.atellidesign.co.id/contact/, or by contacting us on live chat
available.
6.
Termination
6.1
Cancellation by You: You may cancel the Customer Contract before Atelli sends
the Product under the Customer Contract by contacting Atelli. If the Product
has been shipped, you can not cancel the Customer Contract but may only return
the Product in accordance with Article 4.
6.2
Cancellation by Atelli: Without prejudice to any other rights set forth in
these Terms & Conditions of Sale, Atelli, may cancel or suspend the
delivery of the Product immediately upon written notice and / or orally to
Customer in the event of any of the following events:
a) The
Product Stock is depleted or unavailable;
b) Customer
violates obligations under Customer Contract, Terms & Conditions of Use,
Terms & Conditions of Sale, or any other terms applicable on the Platform;
c) The
customer is declared bankrupt by the court or the authorized body;
d) Suspicion
of fraud or fraud in any form under Atelli's policy or investigation;
6.3 The
Contracting Parties agree to the exclusion of Section 1266 of the Indonesian
Civil Code so that any termination of the Customer Contract either by You or
Atelli will be made without the need for approval or judgment of a court or
other institution within the territory of the Republic of Indonesia.
7. Risk and
Goods Ownership
7.1 Product
Ownership shall not be transferred to Customer until the payment of the Product
is received by Atelli in full at the price of the Product.
7.2 Before
the Product repayment obligation is met, Customer acts only as an Atelli (or
Bailee) fiduciary agent not the owner of the Product.
7.3 In the
circumstances referred to in Clause 7.2, Atelli reserves the right to require
Customer to deliver goods to Atelli and in the event of non-compliance, Atelli
has the right to take legal action against Customer to retrieve the Product or
the Goods, and also has the right to hold liability for all losses and other
costs including but not limited to the costs of remedies.
7.4 Customer
shall not be entitled to transfer, transfer, release, pledge or otherwise incur
any Items or Products that are still unpaid, which is the property of Atelli,
if Customer breaks so that any outstanding debt or outstanding repayment or
payment of Goods or Products becomes due and may billed.
7.5 If the
provisions of Clause 7 are ineffective in accordance with the laws of the
country in which the Goods are located, then Customer shall take all necessary
measures to effect the same effect as those in this Clause 7.
7.6 Customer
hereby relieves Atelli, all officers, employees, directors, agents,
contractors, of all damages, damages, costs, expenses and legal fees incurred
by Customer in connection with the statement and enforcement of Atelli's rights
under these Terms & Conditions of Sale.
8.
Limitations of Liability
8.1
Remedies: Remedies provided for in article 4 are Remedies for non-conformities
or defects in the sole and exclusive product.
8.2 Maximum
Responsibility: Atelli's maximum liability to you for any loss arising out of
or related to the sale of products in any customer contract, shall not exceed
the amount you pay in the customer's contract.
8.3
Exclusion of Liability: Atelli is not liable to you for any loss whatsoever or
for any reason arising directly or indirectly related to: (i) other user's
receivables in the platform relating to the purchase of any product; (ii) any
defect arising from wear and tear, intentional damage, misuse, negligence,
accidents, abnormal storage and or conditions of use, alteration or
modification of products or failure to comply with Atelli instructions (or
instructions in product descriptions or manuals of product use spoken or
written).
9. General
9.1
Cumulative and remedial rights: Except as otherwise provided in these Terms of
Service, these Terms & Conditions of Sale clauses and our rights and
remedies under these Terms & Conditions of Sale, are cumulative and without
prejudice as well as any right or remedy we may have under law or justice, and
no provision shall prevent or impede our rights and remedies or remedies under
any applicable law.
9.2 No
Waiver: The Seller's failure to enforce these Terms & Conditions of Sale
shall not be construed as being omitted from these terms, and such failure
shall not affect our subsequent right to enforce these Terms of Service. The
Seller will still be entitled to exercise rights and remedies / remedies in any
other condition in which you violate these Terms of Sale Terms.
9.3
Severability: If at any time there is any provision of these Terms &
Conditions of Sale that become illegal, unlawful or unenforceable in any way,
then the legality, validity and applicability of the other provisions of these
Terms & Conditions of Sale shall not be affected or reduced thereby, and
will continue to apply.
9.4 Third
Party Rights: Any person or party who is not a party to this Terms of Service
is not entitled under any law and jurisdiction to perform the terms of these
Terms & Conditions of Sale. For the avoidance of doubt, nothing in this
Clause shall affect the rights of any authorized redirects to these Terms of
Service.
9.5
Applicable Law: Terms and Conditions of Sale shall be governed and construed in
accordance with Indonesian law and you hereby submit to the exclusive
jurisdiction of the Central Jakarta District Court.
9.6 Except
as provided for in Clause 9.5, any dispute, dispute or claim arising out of or
in connection with this contract, or any breach, cessation or disablement
thereof shall be settled by arbitration in accordance with the Arbitration
Rules of the Indonesian National Council of Arbitration (National Indonesian
arbitration body - "BANI" ). The arbitral tribunal shall consist of a
single arbitrator, designated by the Chairman of BANI. The arbitration place is
Jakarta. Any decision by the arbitral tribunal shall be final and binding on
the parties.
9.7 Legal
Assistance: We may seek or use immediate legal efforts / assistance on the
basis of good faith to deal with infringement or non-compliance with these
Terms of Service.
9.8 Changes:
We with notices via Platform or by any other method as we wish (which may
include notices by e-mail) may alter the terms & conditions of the Terms
& Conditions of Sale and apply to the date we specify in the above manner.
If you use the Platform or the Services after that date, you are deemed to have
agreed to such changes. If you decline the change, you must cease access or use
the Platform and Services and terminate these Terms of Service. Our right to
amend these Terms & Conditions of Sale may be exercised without the consent
of any person or entity not party to this Terms of Use.
9.9
Correction of error: Any typographical, administrative or other errors or
omissions in acceptance, invoices or other documents occurring on our side
shall be our repairs made by us.
9.10
Currency: Currency relating to these Terms & Conditions of Sale is in
Indonesian Rupiah (Rp) and US Dollar (USD).
9.11 Entire
Agreement: Terms and Conditions of Sale shall be the entire agreement between
you and us in relation to the subject matter of the agreement and supersedes
and replaces fully any prior understanding, communication and agreement with
respect to the subject matter of the agreement.
9.12 Binding
and conclusive: You acknowledge and agree that any records (including records
of any telephone conversations in connection with the Service, if any)
maintained by us or our service providers dealing with or in connection with
the Platform and the Services are binding and conclusive to you for any purpose
and shall be evidence of any information and / or data transmitted between us
and you. You agree that all such records are accepted as evidence and that you
will not challenge or deny the receipt, reliability, accuracy or authenticity
of the records by reason of the records in electronic form or the output of the
computer system.
9.13
Sub-contractors and delegates: We reserve the right to delegate or sub-contract
the performance of any of our functions in connection with the Platform and /
or Services and shall have the right to use the service provider, subcontractor
and / or agent on such terms as we deem appropriate.
9.14
Redirections: You may not transfer your rights and obligations to the Terms of
Service on Sale without our prior written permission.
9.15 Force Majeure:
We are disconnected from liability for default, errors, interruptions or delays
in performance of obligations or for any inaccuracies, or inconsistencies in
the Platform and / or the content of the Service, if they are caused, in whole
or in part, directly or indirectly, by an event or failure caused by Force
Majeur or Force Condition.
Appendix 1
Definitions and Interpretations
1.
Definitions. Unless the context otherwise requires, the following phrases shall
have the following meanings in these Terms of Use:
1.1
"Business Day" means days (excluding Saturdays and Sundays) where
commercial banks are open for business in Indonesia.
1.2
"Customer" means the legitimate buyer and / or user of the Platform
and / or Services.
1.3
"Intellectual Property" means all copyrights, patents, utility
innovations, trademarks and service marks, geographical indications, domain
names, layout design rights, registered designs, design rights, database
rights, trade or business names, and confidential information, the right to
protect goodwill and reputation, and all other similar or related property
rights and all similar applications, whether present or made in the future,
anywhere in the world, whether registered or not, and all benefits, rights
privileges, the right to prosecute, recover damages and obtain any assistance
or other solutions to any past, current or future violation, misuse or
infringement of any of the foregoing rights.
1.4
"Atelli Interior & Furniture" means Atelli, its affiliates and
all its respective officers, employees, directors, agents, contractors and
recipients.
1.5
"Atelli", "us", and "we" refer to PT. Atelli
Joinerindo Nusantara., A company incorporated under the laws of the Republic of
Indonesia and having its registered address at Jalan Pangeran Jayakarta no. 141
N, Central Jakarta, 10730.
1.6
"Registered Price" or "Product Price" shall mean the price
of the listed product to be sold to the customer, as stated on the Platform.
1.7
"Loss" means all penalties, losses, settlement amounts, costs (including
legal fees and attorneys' fees), costs, expenses, actions, proceedings, claims,
claims and other liabilities, which may be suspected or not.
1.8
"Materials" or materials means, collectively, all web pages on the
Platform, including information, content, images, links, sounds, video,
software, applications and other materials displayed or available on the
Platform and the functions or services provided on the Platform .
1.9
"Orders" or "Orders" shall mean your order for products
through the Platform in accordance with the Terms & Conditions of Sale.
1.10
"Password" refers to a valid password belonging to the Customer
having an Atelli account which may be used with a Username to access the
associated Platform and / or Services.
1.11
"Personal Data" means data, whether true or otherwise, which may be
used to identify, contact or search for you. Personal data may include your
name, e-mail address, billing address, shipping address, phone number and
credit card information. "Personal Data" shall be deemed to include
any data you provide us when placing an Order.
1.12
"Platform" means: web and / or mobile version of the web that is
operated and / or owned by Atelli currently located at the following URL:
www.atellidesign.co.id.
1.13
"Product Warrant" means product warranty available for sale to
customers on the Platform or contract.
1.14
"Return Policy" means the return policy set by Atelli in clause 4.
1.15
"Services" means the services, information and functions provided by
Atelli on the Platform.
1.16
"Terms & Conditions of Sale" means the terms and conditions
governing Customer's purchase of Products and set forth at
https://www.atellidesign.co.id/termsandcondition/.
1.17
"Terms and Conditions of Use" means terms and conditions governing
the use of Platform and / or Service Customers and set forth at
https://www.atellidesign.co.id/termsandcondition/
1.18
"Trademark" means trademarks, service marks, trade names and logos
used and displayed on the Platform.
1.19
"Username" refers to a unique login identification name or code that
identifies a Customer who has an account at Atelli.
1.20
"You" refers to Customers, Purchasers and / or individuals aged above
18 or under 18 but with a representative and / or supervisory parent or legal
guardian.
2.
Interpretation: Any reference to the Terms & Conditions of Sale for any
provision shall be construed as a reference that such provision as already
amended, re-enacted or extended at the relevant time. In the Agreement, each
time the word "inclusive", "used, shall be regarded as"
without limitation. "Unless otherwise specified, all references to the day
are calendar days, and" month "or" monthly "refers to the
calendar month. interpretation of these Terms & Conditions of Sale, in the
event of any conflict or inconsistency between two or more terms of these Terms
& Conditions of Sale, whether such provisions are contained in the same or
different documents, such conflicts or inconsistencies then Atelli shall
specify the applicable terms.