Terms of service
TERMS AND CONDITIONS
Gaiöra, operated by Stillnergy Enterprise
1. Introduction and Acceptance
1.1 These Terms and Conditions ("Terms") govern your access to and use of the website located at gaiora.net and any associated pages, online store, and ordering channels operated by Stillnergy Enterprise (collectively, the "Website"), and govern the sale of products by us to you.
1.2 By accessing, browsing, registering an account on, or placing an order through the Website, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Exchange and Refund Policy, and Shipping Policy, each of which is incorporated into these Terms by reference.
1.3 If you do not agree to these Terms, you must not use the Website or place an order.
1.4 These Terms constitute a legally binding contract between you and us. Nothing in these Terms affects your statutory rights as a consumer under the Consumer Protection Act 1999, the Sale of Goods Act 1957, or any other written law of Malaysia.
2. Supplier Information
In compliance with the Consumer Protection (Electronic Trade Transactions) Regulations 2012, the following particulars are disclosed:
- Trading name: Gaiöra
- Legal entity: Stillnergy Enterprise
- Business registration number: 126697 (registered in Sarawak, Malaysia)
- Registered business address: 1st Floor, SL.8, Rock Commercial Centre, Jalan Green, 93150 Kuching, Sarawak, Malaysia
- Email: official@gaiora.net
- WhatsApp and telephone: +60 12-891 6681
- Platform: the Website is hosted on the Shopify platform In these Terms, "we", "us", "our" and "Gaiöra" refer to Stillnergy Enterprise. "You" and "your" refer to the person accessing the Website or placing an order.
3. Eligibility and Capacity
3.1 You must be at least eighteen (18) years of age, being the age of majority under the Age of Majority Act 1971, and legally capable of entering into a binding contract, in order to place an order.
3.2 If you are under the age of eighteen (18), you may use the Website only with the involvement and consent of a parent or legal guardian, who will be responsible for the order and for payment.
3.3 By placing an order, you represent and warrant that the information you provide is true, accurate, current, and complete, and that you are purchasing for personal, non-commercial use unless we have agreed otherwise in writing.
4. The Products
4.1 We sell perfumes, fragrances, and related fragrance products (the "Products").
4.2 Product descriptions. We take reasonable care to ensure that Product descriptions, images, ingredient listings, volumes, and prices displayed on the Website are accurate at the time of
publication. However, images are illustrative only, and the appearance of a Product, its packaging, or the colour of the liquid may differ slightly from what is shown due to photography, lighting, screen calibration, or supplier packaging updates.
4.3 Natural and batch variation. Fragrances contain natural and synthetic aromatic materials whose colour, opacity, and scent profile may vary slightly between production batches. A fragrance may also darken or shift in tone over time through natural maceration and exposure to light or air. These characteristics are inherent to the Product category and are not defects, provided that the Product supplied is the Product ordered and is otherwise of acceptable quality.
4.4 Subjective performance. The way a fragrance develops, its perceived longevity, and its projection depend on individual skin chemistry, body temperature, application method, climate, and personal perception. We make no representation that any Product will perform identically for every person.
4.5 Product composition. Products may be alcohol-based, oil-based, water-based, or of another formulation, including alcohol-free formulations. The composition of a Product is as stated in its description and on its packaging.
4.6 Availability. All Products are offered subject to availability. We do not warrant that any Product will remain available or that stock levels displayed are error-free.
4.7 No medical or therapeutic claims. Products are supplied for cosmetic and personal fragrance use only. Nothing on the Website constitutes a claim that any Product treats, cures, prevents, or alleviates any disease, condition, or symptom, and no statement on the Website should be construed as medical advice.
4.8 Regulatory status. Fragrance products are regulated as cosmetics in Malaysia under the Control of Drugs and Cosmetics Regulations 1984. Products are supplied on the basis that they may lawfully be sold in Malaysia. Where a Product is manufactured or supplied by a third party, we rely on the representations of that manufacturer or supplier as to regulatory compliance.
5. Safety and Proper Use
5.1 Perfumes may be alcohol-based, and where a Product contains alcohol it is flammable. Keep such Products away from open flame, heat sources, and direct sunlight. All Products should be stored in a cool, dry place and kept out of reach of children.
5.2 Products are for external use on skin or clothing only. Do not ingest. Avoid contact with eyes and broken or irritated skin. Discontinue use immediately if irritation, redness, or any adverse reaction occurs, and seek medical advice.
5.3 If you have known allergies or sensitivities, review the ingredient listing before use and, where possible, perform a patch test. Fragrance ingredients including but not limited to essential oils and aroma compounds may cause allergic reactions in some individuals.
5.4 You are responsible for reading and following all instructions, warnings, and cautions on the Product and its packaging.
6. Orders and Formation of Contract
6.1 The display of Products on the Website is an invitation to treat and not an offer to sell.
6.2 Your submission of an order constitutes an offer by you to purchase the Products at the stated price, subject to these Terms.
6.3 An acknowledgement of order or automated confirmation email does not by itself constitute acceptance of your offer.
6.4 The contract between you and us is formed only when we despatch the Products or expressly confirm acceptance of your order, whichever occurs first.
6.5 In accordance with Regulation 3 of the Consumer Protection (Electronic Trade Transactions) Regulations 2012, you will be given the opportunity to review and correct your order before confirming it. It is your responsibility to check the Products, quantities, variants, prices, and delivery address before completing payment.
6.6 We reserve the right to decline, limit, or cancel any order, in whole or in part, including where:
- (a) the Product is unavailable or out of stock;
- (b) there has been an error in the price, description, or specification of a Product;
- (c) the information supplied is incomplete, inaccurate, or cannot be verified;
- (d) we suspect fraudulent, unauthorised, or abusive activity;
- (e) the delivery address falls outside the areas we serve; or
- (f) the order appears to be placed for commercial resale without our written agreement.
6.7 If we cancel an order for which payment has been received, we will refund the amount paid for the cancelled items in accordance with the Exchange and Refund Policy. Save for that refund, we shall have no further liability to you in respect of the cancellation.
7. Orders Placed Through Live Sales and Direct Channels
7.1 We may from time to time offer Products through live streaming sessions, social media, WhatsApp, or other direct communication channels, with payment collected through a payment link or invoice issued by Stillnergy Enterprise ("Direct Orders").
7.2 These Terms, the Exchange and Refund Policy, the Privacy Policy, and the Shipping Policy apply to Direct Orders in the same manner as they apply to orders placed through the Website checkout.
7.3 For Direct Orders, you are responsible for reviewing the photographs, video, description, price, volume, and quantity presented to you before completing payment. Where a specific unit or bottle is shown to you and confirmed, that unit is the Product you have contracted to buy.
7.4 A Direct Order is treated as confirmed upon successful receipt of payment.
7.5 Where the terms of a Direct Order communicated to you in writing conflict with these Terms, the specific terms of that Direct Order prevail to the extent of the conflict.
8. Samples, Decants, Discovery Sets, and Promotional Items
8.1 We may from time to time offer samples, decants, travel sizes, discovery sets, testers, or promotional gift-with-purchase items ("Sample Items").
8.2 Sample Items may be supplied in unbranded or generic packaging, may contain a volume that varies within reasonable tolerances, and may not carry the full labelling of the corresponding full-size Product.
8.3 Unless expressly stated otherwise at the point of sale, Sample Items are not eligible for exchange or refund except where they are incorrect, materially defective, or damaged on delivery.
8.4 Where a promotional item is supplied free of charge with a qualifying purchase, and that purchase is subsequently returned or refunded, you must return the promotional item in unused condition, failing which we may deduct its stated retail value from the refund.
9. Pricing
9.1 All prices are stated in Malaysian Ringgit (MYR) unless expressly stated otherwise.
9.2 Stillnergy Enterprise is not registered for Sales and Service Tax (SST). Prices displayed are the total amount payable for the Products and do not attract SST charged by us. We do not issue tax invoices.
9.3 Prices exclude delivery charges unless expressly stated. Delivery charges are calculated and displayed before you confirm your order.
9.4 Prices may be changed at any time without prior notice. A change in price does not affect an order already accepted by us.
9.5 Pricing errors. If a Product is listed at an incorrect price due to a typographical, systems, or human error, we are not obliged to supply the Product at that price. We will contact you to confirm whether you wish to proceed at the correct price or cancel the order, and we will refund any amount already paid if you cancel.
9.6 Total amount payable. The total displayed at checkout, or confirmed in the payment link or invoice issued to you, is the final and total amount payable to us for your order. That total is inclusive of the Product price, the delivery charge shown, and any tax, levy, or other charge applied at checkout. We will not raise any further charge against you after payment has been received.
9.7 Charges imposed by other authorities. Clause 9.6 does not extend to customs duties, import taxes, value added tax or goods and services tax, excise, brokerage, handling, or storage charges imposed by the authorities or carriers of a destination country outside Malaysia. Those charges are assessed by third parties, are not payable to us, and are dealt with in clause 16 of our Shipping Policy.
10. Payment
10.1 We accept the payment methods made available at checkout or, for Direct Orders, through the payment link or invoice issued to you.
10.2 Full payment must be received and cleared before an order is processed or despatched.
10.3 Payments are processed by third-party payment service providers. We do not store your full card or financial account details. Your use of a payment method is subject to the terms of the relevant provider and issuing bank.
10.4 All transactions are subject to validation, verification, and anti-fraud checks. We may request additional verification before releasing an order and may cancel an order that fails verification.
10.5 Where a payment is reversed, charged back, or dishonoured after despatch, you remain liable for the price of the Products and any costs reasonably incurred by us in recovering that amount.
11. Delivery
11.1 Delivery is governed by our Shipping Policy.
11.2 We deliver within Malaysia and to those international destinations that are selectable at checkout from time to time. International orders are shipped on a delivered duty unpaid basis, and you are responsible for all import charges levied by the destination country, as set out in our Shipping Policy.
11.3 Delivery timeframes are estimates. They are not guaranteed and time is not of the essence in relation to delivery, save where we have expressly agreed a guaranteed delivery date in writing.
11.4 Risk of loss or damage to the Products passes to you upon delivery to the address you provided, or upon collection by you or your nominated agent. Title to the Products passes to you upon full payment or delivery, whichever is later.
12. Exchanges, Returns and Refunds
12.1 Exchanges, returns, and refunds are governed by our Exchange and Refund Policy, which forms part of these Terms.
12.2 You are encouraged to read that policy before placing an order.
12.3 Nothing in the Exchange and Refund Policy limits or excludes the implied guarantees applicable to the supply of goods under Part V of the Consumer Protection Act 1999 or the conditions and warranties implied by the Sale of Goods Act 1957.
13. Use of the Website
13.1 You agree not to:
- (a) use the Website for any unlawful, fraudulent, or unauthorised purpose;
- (b) attempt to gain unauthorised access to any part of the Website, its servers, or any connected system or network;
- (c) introduce any virus, malicious code, or harmful material;
- (d) use any automated system, robot, scraper, or data-mining tool to access, copy, or monitor the Website or extract its content;
- (e) interfere with the proper operation of the Website or impose an unreasonable load on our infrastructure;
- (f) impersonate any person or misrepresent your affiliation with any person or entity; or
- (g) post or transmit content that is defamatory, obscene, offensive, infringing, or otherwise unlawful.
13.2 Certain conduct described above may constitute an offence under the Computer Crimes Act 1997 and other written law, and we reserve the right to report such conduct to the relevant authorities.
13.3 We may suspend, restrict, or terminate your access to the Website or any account at any time, without notice, where we reasonably believe these Terms have been breached.
14. Accounts
14.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.
14.2 You must notify us promptly at official@gaiora.net of any unauthorised use of your account or any suspected breach of security.
14.3 We are not liable for any loss arising from your failure to keep your credentials secure.
15. Reviews and User Content
15.1 Where the Website permits you to submit reviews, comments, images, or other material ("User Content"), you grant us a non-exclusive, royalty-free, worldwide, perpetual, and transferable licence to use, reproduce, adapt, publish, and display that User Content in connection with the Website and our marketing.
15.2 You warrant that you own or are entitled to submit the User Content and that it does not infringe the rights of any third party or contravene any written law.
15.3 We may moderate, edit, or remove User Content at our discretion, but we are under no obligation to monitor it and we do not endorse it.
16. Intellectual Property
16.1 All content on the Website, including text, images, photographs, graphics, video, logos, trade marks, trade names, product names, packaging designs, layout, and software, is owned by or licensed to Stillnergy Enterprise and is protected under the Copyright Act 1987, the Trademarks Act 2019, and other applicable laws.
16.2 The marks "Gaiöra" and "Stillnergy Enterprise" and all associated logos are proprietary. Third- party brand names and marks appearing on the Website remain the property of their respective owners and are used for identification purposes only.
16.3 You may view, download, and print content from the Website for your own personal, non- commercial use. Any other reproduction, distribution, modification, republication, transmission, or commercial exploitation is prohibited without our prior written consent.
16.4 Nothing on the Website grants any licence or right under any intellectual property right by implication, estoppel, or otherwise.
17. Third-Party Links
17.1 The Website may contain links to third-party websites, platforms, or services. These are provided for convenience only.
17.2 We do not control, endorse, or accept responsibility for the content, products, privacy practices, or security of any third-party site, and your dealings with any third party are solely between you and that third party.
18. Availability of the Website
18.1 We do not warrant that the Website will be available uninterrupted, error-free, secure, or free from viruses or other harmful components.
18.2 We may suspend, withdraw, or restrict all or any part of the Website for business or operational reasons, including maintenance, and will give notice where reasonably practicable.
19. Limitation of Liability
19.1 Nothing in this clause 19 excludes or limits our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any liability arising under Part X (Product Liability) of the Consumer Protection Act 1999;
- (d) breach of the implied guarantees under Part V of the Consumer Protection Act 1999, including the guarantee as to acceptable quality, correspondence with description, and fitness for a disclosed purpose; or
- (e) any other liability which cannot lawfully be excluded or limited under Malaysian law.
19.2 Section 6 of the Consumer Protection Act 1999 provides that any term of a contract which purports to exclude, restrict, or modify the application of that Act is void. This clause 19 is to be read subject to that provision, and any part of it that would otherwise be void shall be severed and shall not affect the remainder.
19.3 Subject to clauses 19.1 and 19.2, and to the fullest extent permitted by law:
- (a) we shall not be liable for any indirect, incidental, special, consequential, or punitive loss, or for loss of profit, revenue, business, goodwill, opportunity, or anticipated savings, however arising; and
- (b) our total aggregate liability arising out of or in connection with any order shall not exceed the total amount paid by you for the Products giving rise to the claim.
19.4 We shall not be liable for any loss arising from your failure to follow the instructions, warnings, or precautions supplied with a Product, or from misuse, improper storage, or alteration of a Product after delivery.
20. Indemnity
You agree to indemnify and hold harmless Stillnergy Enterprise, its proprietor, employees, and agents against any claim, loss, liability, cost, or expense (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Website, or your infringement of any third-party right, save to the extent caused by our own negligence or breach.
21. Force Majeure
21.1 We shall not be in breach of these Terms nor liable for any delay or failure in performance caused by any event beyond our reasonable control, including act of God, flood, fire, storm, haze, epidemic or pandemic, government order or restriction, war, civil disturbance, strike, industrial action, failure of utilities or telecommunications, cyber attack, courier service disruption, or shortage of supply.
21.2 If such an event continues for more than thirty (30) days, either party may cancel the affected order, and we will refund amounts paid for undelivered Products.
22. Privacy and Personal Data
Your personal data is collected, processed, and disclosed in accordance with our Privacy Policy and the Personal Data Protection Act 2010.
23. Notices and Communications
23.1 You consent to receive communications from us electronically, including by email, WhatsApp, or through the Website. Electronic communications satisfy any legal requirement that a communication be in writing, in accordance with the Electronic Commerce Act 2006.
23.2 Notices to us must be sent to official@gaiora.net or to our registered business address stated in clause 2.
24. Severability, Waiver and Assignment
24.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
24.2 No failure or delay by us in exercising any right shall operate as a waiver of that right, and no single or partial exercise shall preclude any further exercise.
24.3 You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations to any successor in business.
25. Entire Agreement
These Terms, together with the Privacy Policy, Exchange and Refund Policy, and Shipping Policy, constitute the entire agreement between you and us in relation to your use of the Website and the purchase of Products, and supersede all prior understandings, representations, and agreements, save that nothing in this clause limits liability for fraudulent misrepresentation.
26. Amendments
26.1 We may amend these Terms at any time. The amended Terms take effect upon publication on the Website, and the "Last updated" date will be revised accordingly.
26.2 Amendments do not apply retrospectively to orders already accepted by us. The Terms in force at the time your order was accepted govern that order.
26.3 Your continued use of the Website after publication of amended Terms constitutes acceptance of them.
27. Governing Law and Jurisdiction
27.1 These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malaysia.
27.2 The parties submit to the exclusive jurisdiction of the High Court in Sabah and Sarawak at Kuching, and the Sessions and Magistrates' Courts at Kuching, Sarawak, as appropriate to the value of the claim.
27.3 Tribunal for Consumer Claims. Nothing in clause 27.2 prevents you, as a consumer, from lodging a claim with the Tribunal for Consumer Claims Malaysia (Tribunal Tuntutan Pengguna Malaysia) established under Part XII of the Consumer Protection Act 1999, which has jurisdiction over consumer claims not exceeding RM50,000.
27.4 Before commencing formal proceedings, we encourage you to contact us at official@gaiora.net so that we may attempt to resolve the matter directly.
28. Contact
Stillnergy Enterprise (Gaiöra) 1st Floor, SL.8, Rock Commercial Centre, Jalan Green, 93150 Kuching, Sarawak, Malaysia Email: official@gaiora.net WhatsApp: +60 12-891 6681