Nonaria
Terms & conditions
TERMS & CONDITIONS
These Terms & Conditions (“Terms”) govern your access to and use of nonaria.my, including your use of the website, customer account, checkout and purchase of products from Nonaria.
nonaria.my is operated by:
AS APPARELS SDN BHD
Registration No.: 202401037455 (1583302-K)
Trading as: Nonaria
Website: nonaria.my
Our ecommerce operations are managed through TIKO, our in-house ecommerce platform.
By accessing nonaria.my, creating an account, placing an order or otherwise using our website or services, you acknowledge that you have read, understood and agreed to these Terms.
If you do not agree with these Terms, please discontinue use of nonaria.my.
1. ABOUT NONARIA
Nonaria is a brand operated by AS APPARELS SDN BHD.
In these Terms:
“Nonaria”, “we”, “us” and “our” refer to AS APPARELS SDN BHD;
“you”, “your”, “customer” and “user” refer to any person accessing or using nonaria.my; and
“website” refers to nonaria.my and the ecommerce services made available through it.
TIKO is the ecommerce platform used by us to operate functions including product listings, customer accounts, shopping carts, checkout, order management, payments, promotions and fulfilment.
TIKO does not represent a separate seller unless expressly stated otherwise.
2. ELIGIBILITY TO USE THE WEBSITE AND PURCHASE
By placing an order through nonaria.my, you confirm that:
You are legally capable of entering into the transaction;
The information provided by you is accurate and complete;
You are authorised to use the payment method selected; and
Your use of the website complies with applicable law.
If you are not legally able to enter into a binding transaction independently, you should only make a purchase with the involvement and consent of a parent or legal guardian.
3. CUSTOMER ACCOUNTS
Certain functions of nonaria.my may allow or require you to create a customer account.
When creating or using an account, you are responsible for:
Providing accurate and current information;
Maintaining the confidentiality of your login credentials;
Keeping your contact information updated;
Restricting unauthorised access to your account; and
Informing us promptly if you believe your account has been compromised.
You must not:
Impersonate another person;
Use false or misleading account information;
Access another person's account without permission; or
Create accounts for fraudulent or abusive purposes.
We may suspend, restrict or disable an account where reasonably necessary due to suspected fraud, misuse, security concerns, violation of these Terms or unlawful activity.
4. PRODUCT INFORMATION
We aim to provide clear and accurate information about products offered through nonaria.my.
Product information may include:
Product name;
Description;
Material or fabric information;
Product features;
Colour;
Size;
Measurements;
Care instructions;
Product images;
Availability;
Price; and
Promotional information.
You should review the relevant product information carefully before completing a purchase.
We may update product descriptions, specifications or other information from time to time.
5. PRODUCT COLOURS AND APPEARANCE
We make reasonable efforts to present product colours and appearance as accurately as possible.
However, the actual appearance of a product may vary slightly from what is displayed on your device because of factors including:
Screen settings;
Device display technology;
Screen brightness;
Photography;
Lighting;
Image compression; and
Natural variations in materials or fabric.
Reasonable differences in display colour do not automatically mean that the product has been incorrectly supplied.
Nothing in this section limits any rights available to you under applicable Malaysian consumer law.
6. PRODUCT MEASUREMENTS AND SIZING
Where size guides or product measurements are provided, they are intended to assist you in selecting an appropriate size.
Minor variations may occur because of:
Manufacturing tolerances;
Fabric characteristics;
Product construction; or
Measurement methods.
You should review the applicable size chart or measurements before placing an order.
Product sizing may vary between different designs or collections.
7. PRODUCT AVAILABILITY
All products are subject to availability.
Adding a product to your shopping cart does not reserve or guarantee the availability of that product.
A product may become unavailable before:
Checkout is completed;
Payment is completed; or
The order is accepted by us.
If a product becomes unavailable after an order is submitted, we may contact you regarding the affected order and take appropriate action in accordance with applicable law and our applicable store policies.
We will not intentionally substitute an ordered product with a materially different product without your agreement.
8. PRICES
Unless otherwise stated, prices displayed on nonaria.my are in Malaysian Ringgit (MYR / RM).
Prices may change from time to time.
The applicable price will generally be the price displayed when you submit your order, subject to correction of genuine pricing or system errors.
Any applicable:
Delivery charges;
Taxes;
Service charges; or
Other transaction-related charges
will be displayed where applicable before you submit the order.
We aim to ensure that customers can review the total amount payable before completing checkout.
9. PRICING, PRODUCT AND SYSTEM ERRORS
We make reasonable efforts to ensure that information displayed on nonaria.my is accurate.
However, errors may occasionally occur, including:
Incorrect prices;
Incorrect discounts;
Typographical errors;
Incorrect product details;
Incorrect availability;
Incorrect promotional information;
Duplicate promotions; or
Technical or system errors.
If we identify a material error affecting your order before the order is accepted or fulfilled, we may contact you regarding the error.
Depending on the circumstances, the affected transaction may need to be corrected or cancelled.
We will not knowingly use an incorrect price or misleading product description to induce a purchase.
10. PLACING AN ORDER
To place an order, you may be required to:
Select a product and its applicable options;
Add the product to your shopping cart;
Review the cart;
Provide customer information;
Provide delivery information;
Select an available delivery method;
Select an available payment method;
Review the order details; and
Submit the order.
Before submitting your order, you are responsible for reviewing the information provided.
You should check details including:
Product;
Colour;
Size;
Quantity;
Recipient name;
Telephone number;
Email address;
Delivery address;
Promotional code; and
Order total.
Once an order has entered processing or fulfilment, changes may no longer be possible.
11. ORDER ACKNOWLEDGEMENT
After an order has been submitted, you may receive an automated order acknowledgement.
The acknowledgement confirms that we have received the order.
An automated acknowledgement does not necessarily constitute final acceptance of the order.
Orders may remain subject to:
Payment confirmation;
Stock verification;
Fraud screening;
Security checks;
Verification of information;
Delivery availability; and
Review of any pricing or system errors.
12. ORDER ACCEPTANCE
An order will be considered accepted when we:
Send confirmation that the order has been accepted;
Begin fulfilment of the order; or
Dispatch the order,
whichever occurs first, unless otherwise stated during the checkout process.
We reserve the right not to accept an order where there is a reasonable basis for doing so.
13. ORDER CANCELLATION BY NONARIA
We may reject, hold or cancel an order where reasonably necessary, including where:
A product is unavailable;
Payment cannot be authorised or verified;
Information provided is incomplete or materially inaccurate;
Fraud or unauthorised activity is reasonably suspected;
A material pricing error has occurred;
Product information contains a material error;
A promotional code has been misused;
A technical or system error has occurred;
We are unable to fulfil or deliver the order;
The transaction appears unlawful; or
Processing the order would breach applicable law.
Where an order is affected by cancellation after payment, any resulting payment adjustment will be handled in accordance with applicable law and the relevant separately published Nonaria policies.
14. PAYMENT METHODS
Available payment methods will be displayed during checkout.
Payment processing may be carried out through banks, payment gateways or payment service providers integrated with TIKO.
Available payment methods may change from time to time.
Depending on the payment method selected, the transaction may be subject to:
Bank approval;
Payment-provider authorisation;
Identity verification;
Transaction limits;
Security checks; and
Authentication requirements.
You must only use a payment method that you are authorised to use.
15. PAYMENT AUTHORISATION
Submitting an order does not guarantee that payment will be approved.
An order may remain pending until the payment provider confirms that the transaction has been successfully authorised or received.
We may delay fulfilment while payment verification is taking place.
16. FAILED, DECLINED OR PENDING PAYMENTS
If a payment:
Fails;
Is declined;
Expires;
Is cancelled; or
Remains incomplete,
the order may not be processed.
Products associated with an unpaid or incomplete order are not guaranteed to remain available.
If a bank or payment provider temporarily places a hold on funds following an unsuccessful transaction, the release of that hold may depend on the relevant bank or payment provider.
17. PROMOTIONAL CODES
Nonaria may occasionally offer promotional codes or vouchers.
A promotional code may be subject to conditions including:
Validity dates;
Minimum spending requirements;
Maximum discounts;
Applicable products;
Excluded products;
Customer eligibility;
Redemption limits; or
Specific campaign conditions.
Unless otherwise stated, promotional codes:
Have no cash value;
Cannot be exchanged for cash;
Cannot be applied retrospectively to completed orders;
May not be combined with other offers; and
May be cancelled where obtained or used through fraud, abuse or technical manipulation.
The terms communicated with a specific promotion will apply to that promotion.
18. SALES AND PROMOTIONS
Promotional prices may be available for limited periods.
Products included in a sale or promotional campaign may:
Have limited availability;
Be restricted to selected products;
Be restricted to selected customers; or
End without prior notice where stock is exhausted.
A discount displayed for one product, colour, size or collection does not necessarily apply to another product or variation.
19. PRE-ORDER PRODUCTS
Certain products may be offered as pre-order items.
Where applicable, the product page will indicate that the item is a pre-order product.
A pre-order product may not be immediately available for dispatch.
Any estimated availability, fulfilment or delivery period displayed for a pre-order product is an estimate and may change because of circumstances including:
Production delays;
Manufacturing delays;
Supplier delays;
Import or customs delays;
Quality-control issues;
Transportation disruptions; or
Other circumstances outside our reasonable control.
Where there is a material delay, we may provide updated information to affected customers.
If an order contains both pre-order and ready-stock products, the products may be fulfilled together or separately depending on the arrangement described during checkout or on the product page.
20. SHIPPING AND DELIVERY
Delivery options available for your order will be displayed through nonaria.my where applicable.
Information may include:
Delivery method;
Delivery charge;
Delivery region; and
Estimated delivery period.
Delivery times provided on the website are estimates unless expressly stated otherwise.
Delivery may be affected by circumstances such as:
Courier delays;
Public holidays;
Peak shopping periods;
Weather conditions;
Flooding;
Transportation disruptions;
Operational disruptions;
Incorrect delivery information; or
Circumstances outside our reasonable control.
Specific delivery rules may be set out separately in our Shipping & Delivery Policy.
21. DELIVERY INFORMATION PROVIDED BY THE CUSTOMER
You are responsible for providing complete and accurate delivery information.
This includes:
Recipient name;
Telephone number;
Delivery address;
Postcode;
State; and
Any relevant delivery instructions.
We may not be able to amend delivery information once an order has entered fulfilment or has been handed to a delivery provider.
Additional delivery charges may arise where a parcel must be sent again because of circumstances including:
Incorrect address;
Incomplete address;
Recipient unavailable;
Failure to collect the parcel; or
Refusal of delivery.
Where applicable, such charges will be communicated to you.
22. DELIVERY DELAYS
We will make reasonable efforts to fulfil orders within the estimated delivery period.
However, estimated delivery dates are not guaranteed unless expressly stated otherwise.
A delay caused by a courier or circumstance outside our reasonable control does not automatically mean that an order has been lost.
Where an unusual delivery delay occurs, we may work with the relevant delivery provider to investigate the shipment.
23. PRODUCT CARE
Where care instructions are provided with a product or on nonaria.my, you should follow those instructions.
Product condition and longevity may be affected by:
Washing method;
Water temperature;
Detergent;
Drying;
Ironing;
Storage;
Exposure to chemicals; or
General handling.
Normal wear and tear or damage arising primarily from improper handling or failure to follow product care instructions may not constitute a manufacturing defect.
This section does not limit rights available under applicable consumer law.
24. INTELLECTUAL PROPERTY
Unless otherwise stated, intellectual property available through nonaria.my is owned by, licensed to or used with permission by AS APPARELS SDN BHD.
This may include:
The Nonaria name;
Brand logos;
Product names;
Product photography;
Videos;
Graphics;
Website design;
Product descriptions;
Illustrations;
Marketing materials;
Artwork;
Campaign materials;
Packaging designs; and
Other original content.
You may access website content for ordinary personal and non-commercial shopping purposes.
Without prior permission, you must not:
Reproduce our content for commercial use;
Republish our photography;
Copy our branding;
Redistribute our creative materials;
Modify our intellectual property for commercial purposes;
Impersonate Nonaria; or
Suggest an affiliation with Nonaria where none exists.
All rights not expressly granted are reserved.
25. CUSTOMER-SUBMITTED CONTENT
Where nonaria.my allows customers to submit content such as:
Reviews;
Comments;
Photographs;
Videos; or
Feedback,
you are responsible for ensuring that you have the right to submit that content.
You must not knowingly submit content that:
Infringes copyright or other intellectual property rights;
Violates another person's privacy;
Is unlawful;
Is fraudulent;
Is deliberately misleading;
Contains malicious software;
Contains unauthorised personal information; or
Constitutes spam.
We may moderate, reject or remove customer-submitted content where reasonably necessary for legal, security, operational or platform-integrity purposes.
26. ACCEPTABLE USE
You must not use nonaria.my or TIKO to:
Commit or attempt fraud;
Make unauthorised transactions;
Access systems without permission;
Interfere with website security;
Circumvent technical restrictions;
Introduce malware;
Distribute malicious code;
Scrape data in a manner that disrupts the website;
Manipulate prices or promotional mechanisms;
Abuse discount systems;
Interfere with another customer's account;
Attempt to obtain confidential information;
Disrupt our services; or
Carry out unlawful activity.
We may take reasonable technical or administrative action to protect our systems, customers and business where misuse is identified.
27. AUTOMATED ACCESS, BOTS AND SCRAPING
You must not use automated software, bots, scripts, crawlers or similar tools to access nonaria.my in a manner that:
Creates an unreasonable load on our systems;
Circumvents security controls;
Extracts protected customer information;
Manipulates purchases or promotions;
Attempts to secure unfair access to limited-stock products; or
Materially interferes with ordinary website operation.
This does not restrict ordinary indexing by legitimate search engines where permitted by our technical settings.
28. WEBSITE AVAILABILITY
We aim to keep nonaria.my operational and accessible.
However, uninterrupted operation cannot be guaranteed.
The website or certain functions may become temporarily unavailable because of:
Maintenance;
Software updates;
Server issues;
Network outages;
Cybersecurity measures;
Infrastructure failures;
Third-party service interruptions; or
Events outside our reasonable control.
We may also update, modify, add or remove website functionality from time to time.
29. TIKO PLATFORM
TIKO is the in-house ecommerce platform used to support the operation of nonaria.my.
TIKO may support functions including:
Customer registration;
Product display;
Shopping cart functionality;
Checkout;
Payment integration;
Order management;
Inventory;
Promotions;
Fulfilment;
Reporting; and
Customer-service functions.
Features available through TIKO may be updated or changed from time to time.
References to TIKO in these Terms do not create a separate contractual relationship between you and a separate ecommerce provider unless expressly stated otherwise.
30. THIRD-PARTY SERVICES
Certain services used through nonaria.my may be provided by third parties.
These may include:
Payment providers;
Banks;
Courier companies;
Logistics providers;
Cloud service providers;
Email services;
Messaging services;
Analytics providers;
Advertising providers; and
Other technology providers.
Use of a third-party service may also be subject to that provider's own terms.
We are not responsible for terms imposed independently by a third party that are outside our control.
31. THIRD-PARTY LINKS
nonaria.my may contain links to websites or services that are not operated by AS APPARELS SDN BHD.
Third-party websites may have their own:
Terms;
Privacy policies;
Security practices; and
Content.
We do not control those services merely because a link appears on nonaria.my.
You should review the relevant third-party terms where appropriate.
32. PRIVACY AND PERSONAL DATA
Our handling of personal data is governed separately by the Nonaria Privacy Policy & Personal Data Protection Notice.
That policy explains matters including:
Personal data collected;
Purposes of processing;
TIKO-related processing;
Cookies;
Payment providers;
Service providers;
Data security;
Data retention; and
Your personal-data rights.
The Privacy Policy should be read separately from these Terms.
33. SECURITY AND FRAUD PREVENTION
We may use reasonable security measures to detect and prevent:
Fraud;
Unauthorised transactions;
Account takeover;
Payment abuse;
Promotional abuse;
Automated attacks; and
Other suspicious activity.
Where reasonably necessary, an order may be temporarily held while verification takes place.
We may request information reasonably required to verify:
Customer identity;
Payment authorisation;
Delivery information; or
Transaction legitimacy.
Any personal data used for these purposes will be handled in accordance with our Privacy Policy and applicable Malaysian law.
34. CUSTOMER RESPONSIBILITIES
When using nonaria.my, you are responsible for:
Providing accurate information;
Reviewing your order before submitting it;
Ensuring you have authority to use your payment method;
Maintaining your account security;
Reviewing relevant product information;
Providing correct delivery information; and
Using the website lawfully.
You should notify us promptly if you identify an error relating to an order or account.
35. LIMITATION OF LIABILITY
Nothing in these Terms is intended to exclude or restrict any liability or consumer right that cannot lawfully be excluded or restricted under Malaysian law.
To the extent permitted by law, we will not be responsible for loss or damage arising solely from:
Misuse of nonaria.my;
Failure to follow product care instructions;
Unauthorised account use resulting from failure to reasonably secure your credentials;
Third-party systems outside our reasonable control;
Internet or telecommunications failures outside our reasonable control; or
Events beyond our reasonable control.
Any exclusion or limitation in these Terms applies only to the extent permitted by applicable law.
36. EVENTS OUTSIDE OUR REASONABLE CONTROL
We will not be responsible for delay or failure to perform an obligation to the extent that the delay or failure is caused by circumstances outside our reasonable control.
Such circumstances may include:
Floods;
Fire;
Severe weather;
Natural disasters;
Epidemics or pandemics;
Government restrictions;
Industrial disputes;
War or civil disruption;
Transportation interruptions;
Courier-network disruption;
Telecommunications failures;
Cyber incidents affecting external infrastructure; or
Major utility or infrastructure failures.
Where such an event affects an existing order, we will take reasonable steps to manage the situation and communicate material developments where appropriate.
37. CONSUMER RIGHTS
These Terms are intended to operate consistently with applicable Malaysian consumer protection law, including the Consumer Protection Act 1999 [Act 599] and applicable electronic-trade requirements.
Nothing in these Terms is intended to remove, exclude or restrict a statutory consumer right that cannot lawfully be excluded.
The Tribunal for Consumer Claims Malaysia operates under the Consumer Protection Act 1999 as an alternative forum for eligible consumer claims.
If any provision of these Terms conflicts with a mandatory legal requirement, that mandatory requirement will prevail to the extent of the conflict.
38. CUSTOMER SUPPORT AND COMPLAINTS
If you have a question or complaint relating to:
The website;
A customer account;
An order;
Payment;
Delivery;
Product information; or
Our services,
please contact Nonaria customer support.
To help us investigate, you may be asked to provide information such as:
Name;
Order number;
Contact details;
Description of the issue; and
Supporting information where relevant.
We will make reasonable efforts to review customer enquiries and respond appropriately.
39. RELATED NONARIA POLICIES
Additional terms relating to specific aspects of your purchase or use of nonaria.my may be contained in separate policies published on the website.
These may include:
Privacy Policy & Personal Data Protection Notice;
Shipping & Delivery Policy; and
Return & Refund Policy.
Those policies operate separately from these Terms and should be reviewed where relevant.
40. CHANGES TO THESE TERMS
We may amend these Terms from time to time to reflect changes in:
Our website;
TIKO;
Products or services;
Business processes;
Payment arrangements;
Delivery arrangements;
Security requirements;
Applicable law; or
Regulatory requirements.
The latest version will be published on nonaria.my together with its latest revision date.
Updated Terms generally apply from the date on which they are published.
Changes will not ordinarily alter the contractual terms of a transaction that was already completed before the updated Terms took effect, except where required by law.
41. SEVERABILITY
If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be limited or interpreted to the minimum extent necessary where legally possible.
The remaining provisions will continue in effect.
42. NO WAIVER
If we do not immediately exercise or enforce a right under these Terms, this does not mean that the right has been waived.
A waiver of one particular right or breach does not necessarily constitute a waiver of any future right or breach.
43. ENTIRE AGREEMENT
These Terms, together with any applicable policies or conditions expressly incorporated into your transaction, constitute the terms governing your use of nonaria.my and purchases made through the website.
Nothing in this section excludes representations or obligations that cannot lawfully be excluded under Malaysian law.
44. GOVERNING LAW
These Terms are governed by the laws of Malaysia.
Any dispute arising in connection with:
nonaria.my;
These Terms;
An order;
A transaction; or
Services provided by Nonaria
will be dealt with according to applicable Malaysian law and any dispute-resolution mechanism available to the parties.
Nothing in this section restricts any statutory right an eligible consumer may have to pursue a claim through the Tribunal for Consumer Claims Malaysia or another competent authority. The Tribunal currently hears eligible claims under the Consumer Protection Act, subject to its statutory jurisdiction.
