Terms of service

These Terms of Service govern quotations, orders and the supply of custom branded merchandise and corporate gifts by Ethergifts (“we”, “us” or “our”) in Malaysia, together with your use of this website. Please review them before placing an order.

1. Orders and agreement

Website product listings and indicative prices invite enquiries and do not constitute acceptance of an order.

An order is confirmed when you accept our written quotation and Ethergifts confirms acceptance in writing. The confirmed quotation, agreed specifications and approved artwork form part of your order. Any order-specific variation to these terms must be expressly agreed in writing.

Nothing in these terms limits rights or remedies that cannot lawfully be excluded.

2. Quotations and pricing

Quotations are based on the product, quantity, branding method, artwork requirements and delivery details provided. Prices are quoted in Malaysian Ringgit (RM) unless otherwise stated. Their validity period, applicable taxes, delivery charges and any setup or additional charges will be stated in the quotation before you accept it.

Changes you request may require a revised quotation. After an order is confirmed, we will not change the agreed price without your written agreement.

If a material pricing or availability error is identified before confirmation, we will explain it and provide a corrected quotation for your consideration. Any payment for an order we do not accept will be refunded.

3. Payment

Unless otherwise agreed in writing, bulk orders require a 50% deposit before production begins, with the balance payable before dispatch. Available payment methods and payment deadlines will be stated in the quotation or invoice.

Production scheduling depends on receipt of the required payment and final artwork approval. If payment is overdue, we may pause work or dispatch after notifying you and allowing a reasonable opportunity to resolve it.

Ownership of the goods passes to you when payment is received in full. Risk of loss or damage passes on delivery to the delivery address you nominate.

4. Artwork and approval

You are responsible for supplying the logo, text or design to be reproduced. We prepare an artwork mock-up showing the agreed branding positions for your approval before production.

Unless expressly included in your quotation, our layout service does not include original design, artwork redrawing, proofreading or a comprehensive print-readiness audit.

Please carefully review the final artwork mock-up, including spelling, content, alignment, dimensions, placement, image resolution, text size and line thickness. Any essential colour or positioning requirements must be agreed in writing.

Production begins only after you approve the final artwork mock-up and meet the applicable payment requirements. Later amendments may affect pricing and delivery.

Subject to applicable consumer rights, refunds or exchanges are not available for printing issues caused solely by errors or quality limitations in artwork you supplied and approved. Approval does not release us from responsibility for our own errors, failure to exercise reasonable care and skill, or production that does not conform to the agreed specifications.

5. Customer artwork and intellectual property

By supplying artwork, you confirm that you own it or have the permissions required for its reproduction on the ordered goods.

You retain ownership of your artwork. You grant Ethergifts and the production providers involved in your order a limited licence to use it for quotation, artwork mock-up preparation and order fulfilment.

We may request evidence of permission or decline artwork where there are reasonable grounds to believe its use would infringe another party’s rights. Any dispute about responsibility for an infringement will be determined under applicable law; these terms do not impose an unlimited indemnity on you.

6. Case studies and promotional use

We will obtain your written permission before publishing photographs of your branded products, customer name, logo or artwork in our Case Studies, website or other promotional materials.

Approval to manufacture an order does not, by itself, authorise promotional use. Any agreed confidentiality conditions or publication restrictions will be respected.

7. Website content

Website text, designs, graphics and photography belong to Ethergifts or their respective rights holders. Customer logos and trade marks remain the property of their owners.

You may view this website for personal or internal business purposes. Reproduction or commercial reuse of protected content requires permission from the relevant rights holder, except where permitted by law.

8. Product appearance and colour

Product images and artwork mock-ups are for reference. Colours may vary with photography, lighting, screen settings, materials and production processes. Please agree a colour specification, such as a Pantone reference, in writing where colour accuracy is essential.

Laser engraving and debossing generally reveal or alter the underlying material rather than apply a printed colour. Their appearance may therefore differ between materials and finishes.

Reasonable manufacturing variation does not excuse defects or a material departure from an agreed description or specification.

9. Quantities

Any permitted production overrun or underrun, together with its pricing treatment, must be stated in the quotation and agreed before production. There is no automatic quantity tolerance.

An artwork mock-up shows layout and cannot fully represent physical texture, finish or colour.

10. Production and delivery

Lead times are based on the confirmed specifications, required payment and final artwork approval. Unless expressly agreed as a firm commitment, delivery dates are estimates.

Each order is delivered to one delivery address in Malaysia, as stated in your quotation. Please tell us about any essential event date before ordering so we can confirm whether it can be accommodated. We will notify you promptly of a material delay and discuss available options.

You must provide accurate delivery details and reasonable access for delivery. Additional delivery costs caused by incorrect details or a requested change will be explained and agreed where applicable. This does not transfer responsibility to you for delivery failures attributable to us or our appointed carriers.

11. Changes and cancellation

Contact Ethergifts promptly if you need to change or cancel an order. Because customised goods are produced to your specifications, changes or cancellation may not be possible once production begins.

Where we agree to a discretionary cancellation, any charge will reflect reasonable, documented costs already incurred and unavoidable commitments attributable to your order, less costs saved or amounts recoverable. We will explain the calculation and refund any remaining prepaid amount.

Deposits are not automatically forfeited. This section does not limit cancellation or refund rights arising from our breach or applicable law.

12. Returns, faults and remedies

Our Returns and Refunds Policy applies alongside these terms. Neither document limits mandatory consumer rights.

We do not generally offer change-of-mind returns for customised goods that conform to the agreed order. Faulty goods, incorrect supply or goods materially inconsistent with agreed specifications will be assessed and remedied as required by applicable law.

Please inspect your delivery and report visible damage, shortages or incorrect items as soon as practicable, preferably within 7 days. This requested reporting period is not a deadline for exercising statutory rights and does not exclude claims for defects discovered later.

Please provide your order details and reasonably available photographs or other evidence to help us investigate. We will explain any necessary return arrangements and provide the repair, replacement, refund or other remedy required by law, including reasonable return costs where applicable.

13. Liability and statutory rights

Ethergifts remains responsible for its contractual obligations and for exercising reasonable care and skill in providing services.

Nothing in these terms excludes or limits liability, guarantees or remedies that cannot lawfully be excluded or limited under Malaysian law. Where applicable law gives you the right to choose a remedy, that choice remains yours.

Liability for loss, including reasonably foreseeable loss resulting from a breach, will be determined under applicable law. These terms do not impose a blanket exclusion of consequential loss or an automatic cap equal to the order price.

14. Confidentiality and privacy

We use non-public artwork, briefs and commercial information to prepare quotations and fulfil orders. We share it only with providers who reasonably need it for those purposes and are subject to appropriate confidentiality obligations, where you authorise disclosure, or where disclosure is required by law.

Any approved promotional use is governed by Section 6. Personal information is handled in accordance with our Privacy Policy and applicable law.

15. Events outside reasonable control

If an event beyond our reasonable control affects an order, we will notify you promptly, take reasonable steps to reduce its impact and discuss revised arrangements.

Such an event does not automatically remove our obligations or your rights. If a material delay makes fulfilment within an agreed essential timeframe impossible, or continues without a reasonable alternative, we will discuss cancellation and refund arrangements consistent with applicable law.

16. Updates to these terms

The version provided or made available when your order is confirmed applies to that order. Later website updates apply to future orders and do not retrospectively change an existing agreement without your consent.

17. Disputes and applicable law

Please contact Ethergifts first so we can seek a practical resolution to any concern. This does not prevent either party from seeking legal remedies or contacting a relevant regulator or dispute resolution body.

Applicable law and the courts or tribunals with jurisdiction are determined by the relevant legal rules. Nothing in these terms removes mandatory consumer protections or requires you to give up a forum available to you by law.

18. Contact

For questions about these terms or an order, contact Ethergifts through the Contact page on this website or email sales@ethergifts.com.my.