Last Updated: 02-02-2022

By using theflamepot.com Website (referred to as the “Website”) or purchasing item(s) from the Website or creating an account on the Website, you (“you” or “Customer”) are agreeing to be bound by the following Terms and Conditions (“Terms of Service”). This Terms of Service is a legal agreement (“Agreement”) between you and The Flame Pot, a wholly-owned subsidiary of Exaira Global (M) Sdn Bhd (the “Company”, “we” or “us”). We reserve the right to update or modify these Terms of Service as needed or required by law from time to time without notice. It is your responsibility to review these Terms of Service periodically. Any new or third-party features or tools which are added to the Website shall also be subject to the Terms of Service. By continuing to access or use the Website after any such modifications, you agree to be bound by the terms of the amended Agreement.

Please read carefully the entire Terms of Service before you use the Website. If you do not agree to all the terms and conditions in this Agreement, do not use the theflamepot.com Website. Violation of any of the terms will result in the suspension or termination of your Account, depending on the terms and situation. By using the Website, you are deemed to have read and accepted these terms and conditions.

Eligibility

This Website is available and offered to users and Customers who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Use of Website

The theflamepot.com Website is the sole use of individuals, businesses and entities who are wishing to browse, review, consider, purchase or otherwise engage in online retail transactions involving The Flame Pot’s goods and services. No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. We strongly prohibit third parties from opting out of The Flame Pot’s services and/or contacts on behalf of a The Flame Pot customer or other person or entity, without both The Flame Pot’s full knowledge as to the surrogate action being taken and The Flame Pot’s express permission. This prohibition is intended to protect the privacy and freedom of The Flame Pot’s customers and the personal relationship The Flame Pot works to develop with its customers and others authorized to use its Website.

Terms of Sales

Pricing & Payment Terms

Our goal is to have clear and understandable pricing for our products. We reserve the right at any time to modify or change the prices of the products on theflamepot.com Website without notice. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of our services.

A price in Black color with no other designation is our regular or everyday value price we offer to our customers. The Black color refers to our regular price when compared to a sale or clearance price. On the other hand, a price in Red color with a strikethrough of our regular price refers to a product that is on “Sale” or on temporary markdown online (for example RM549 RM449).

The prices displayed on this Website are quoted in Malaysia Ringgit (MYR) and are effective and valid only in Malaysia. For orders outside of Malaysia, there will be additional shipping and other charges may apply and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order.

The Flame Pot reserves the right to correct any inaccuracies, inadvertent typographical errors, or omissions and to change or update product pricing, availability or other information at any time without prior notice, including after you have submitted your order. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return the order.

Billing & Account Information

We reserve the right to refuse, withhold, reject or decline any order you place with us. We may limit or cancel quantities purchased per person, per household or per order, at our sole discretion. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. We may attempt to notify you by contacting the email address and/or billing address or phone number provided by you at the time the order was made in the event that we make a change to or cancel your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, dealers or distributors.

You agree to provide us current, complete and accurate billing and account information,  including, but not limited to your name, email address, billing and shipping address, phone number and/or credit card information for all purchases made at this Website. You agree to promptly update your account and other information in the event that the information has changed over time.

Shipping & Delivery

You shall pay for all shipping and handling charges specified during the ordering process. Shipping and handling charges are payment for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. These may differ from the amounts we actually incur from any carrier. We are not liable for any delays in shipments.

Returns & Refunds

We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of delivery with valid proof of purchase and provided such products are returned in their original condition, except for any products designated on the Website as final sale or non-returnable. To return products, please have your order invoice number or proof of purchase (i.e. receipt) ready together with any evidence to support your request (such as photos or videos) and contact our Customer Service team at support@theflamepot.com. The items must not have been used and must be in a new condition and returned in the original selling condition and undamaged packaging along with all original accessories (including manuals and loose items), and any vouchers or free gifts received with it.

Our Customer Service agent will verify the return reason and give you a Return Merchandise Authorization (“RMA”) number before shipping your product or drop-off the product at our store/office. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment or drop-off. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that is reliable and can provide you with proof of delivery for your protection.

We will conduct an evaluation within 7 working days starting from the day we received your returned items. You will be given a confirmation email once the returned item is received on our end. We will process your refund or replacement based on the information that is received by our Customer Service agent if your return is valid. We will then reimburse you with a refund through the same mode of payment that was made in the original purchase or through online banking transfer, whichever works best. Refunds are processed within approximately 5-10 working days of our receipt of your merchandise.

For any invalid returns, we will notify you via email and arrange the items to be returned. A delivery fee will be charged for the items to be returned to you. If you prefer to pick up the items at our store/office, please tell our Customer Service agent and we will schedule with you the pick up date & time. We offer no refunds on (1) any products designated on this Website as non-returnable or final sale, (2) products that have been purchased for more than 14 days, (3) items that have no defects in which you simply changed your mind because of wrong selection, size, model or specifications, product not meeting your expectation or you found it cheaper elsewhere, (4) items was purchased for someone else who does not want it or (5) defaulted on payment for the goods. It is acceptable to exchange items with the same model and size, but different color, based on availability in stock. We reserve the right to reject any return, exchange, refund if it is deemed unfit or unreasonable.

Products or Services

Most products or services displayed on the Website may be exclusively available online. These products or services may have limited quantities and are subject to return or exchange only based on our Returns & Exchanges Policy. In some cases, merchandise displayed for sale on theflamepot.com Website may not be available at The Flame Pot store or storage.

We have done our best to display as accurately as possible the colors of the products shown on the Website. We cannot guarantee that the monitor’s display of any color will be accurate because the colors you see will depend on your monitor.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, and/or that any errors with our services will be corrected.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction and we may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Third-Party Tools and Links

We may provide you with access to third-party tools in which we neither monitor nor have any control. You must agree and acknowledge that we provide access to the tools “as is” and “as available” without any conditions, warranties and representations of any kind and without any endorsement. We are not liable to any issues or problems arising from or relating to your use of the third-party tools. Any use of the third-party tools offered through this Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party tools provider(s). We may offer new services and/or features through theflamepot.com Website, including the release of new tools and resources in the future and such new services and/or features shall also be subject to these Terms of Service.

The third-party tools or links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the accuracy or content, and we do not warrant and we will not have any liability or responsibility for any third-party materials or websites, or for any other products, materials, or services of the third-parties. We are not liable for any harm or damages related to the use or purchase of items, services, resources, content, or any other transactions made in connection with any third-party websites. You must review carefully the third-party’s practices and policies and make sure you understand them before you engage in any transaction. Any complaints, claims, questions or concerns regarding third-party products and services should be directed to the third-party.

Copyright Notice

All of the content, features, functionality on this Website, including, but not limited to, all of the pages, information, software, text, media, displays, images, video and audio (the “Content”), and the design, selection and arrangement thereof, and other content available on the Website, and our trademarks, logos and brand elements are the exclusive property of The Flame Pot and the Company, its licensors, its affiliates or by third parties who have licensed or assigned their rights interests and/or materials to The Flame Pot or other providers of such material and are protected by Malaysia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Content of theflamepot.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our Website. You must not copy, reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the material or the Content on our Website, except (1) you may store files that are automatically cached by your Web browser for display enhancement purposes, (2) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not (1) modify copies of any materials from the Website, (2) use any photographs, video, audio sequences, illustrations or any graphics separately from the accompanying text, (3) Alter or delete any copyright, trademark or other proprietary rights notices from copies of materials from this site.

The look and feel of the Website and services are copyright © The Flame Pot. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from the Company. You must not access, or use for any commercial purposes, any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@theflamepot.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with Agreement. You agree not to use the Website:

• For the purpose of violating any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from Malaysia or other countries.
• To upload, download, send, knowingly receive, use or re-use any material which does not comply with the terms set out in this Agreement.
• To harm, exploit, or attempt to exploit or harm minors below 18 years old in any way by exposing them with inappropriate content, asking for personally identifiable information or otherwise.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity, including, without limitation, by using email addresses or screen names associated with any of the foregoing.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
• To use the Website in any manner that could overburden, disable, impair, or damage the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• To use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
• To use any device, software or routine that interferes with the proper working of the Website.
• To insert any viruses, malware, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

User Submissions

The Website may contain feedback, suggestions, messages, comments, notes, ideas, or reviews features, or any other interactive features (collectively, “Comments”) that allow users or Customers to post, publish, submit, display or transmit to other users or other persons content or materials on or through the Website. However, all Comments that were sent to theflamepot.com Website shall be and remain the exclusive property of The Flame Pot. Your submission of any such Comments shall constitute an assignment to The Flame Pot of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Any Comments you post to the Website will be considered non-confidential and non-proprietary. The Flame Pot, the Company and our affiliates and service providers will be entitled to use, reproduce, modify, disclose, perform, display, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us or publish any Comments that you do not wish to assign to us, including any confidential information or any original creative materials.

You represent and warrant that:

• You own or control all rights to your Comments or, alternatively, that you have the right to give us the rights described above; and
• your Comments do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit Comments for any reason. We may remove Comments from theflamepot.com Website for any reason.

Disclaimer of Warranties

This Website and all content available on this Website are provided on an “as is” and “as available” basis without warranties of any kind, whether implied, express, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. You acknowledge and agree, by your use of theflamepot.com Website that your use is at your sole risk and that The Flame Pot and its employees, directors, shareholders, parents, subsidiaries, officers, affiliates, agents and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service,  or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility when using this Website to the fullest extent permitted by applicable law. The Flame Pot and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Website or the content of any websites or online service linked to or integrated with the Website to the fullest extent permitted by applicable law. The Flame Pot and its affiliates will have no liability for any (1) mistakes, errors or inaccuracies of content, (2) personal injury or property damage resulting from your access to or use of the Website or mobile applications, (3) any unauthorized access to or use of our servers or of any personal information or user data, (4) any interruption of transmission to or from the website or mobile applications, (5) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the website, or (6) any loss of damage of any kind incurred as a result of the use of any content posted or shared through the Website to the fullest extent permitted by applicable law. The Flame Pot or its affiliates in no events will be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages, including for the indirect loss of profit, revenue, or data arising out of or relating to the Website however caused, and under whatever cause of action or theory of liability brought, including under any contract, negligence, or other tort theory of liability even if advised of the possibility of such damages to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend and hold The Flame Pot and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, demands, damages, costs and expenses, including attorneys’ fees arising from or related to your use of the Website, including, without limitation, you use of theflamepot.com Website in violation of these Terms of Service.

Other Provisions

We will not be held liable under any circumstances for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. In the event that any provision of these Terms of Service is found and determined to be unlawful, void or unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the enforceability of any provisions. If we fail to enforce any right or provision of these Terms of Service, it will not prevent us from enforcing such right or provision in the future. We may assign our obligations and rights under these Terms of Service, including in connection with an acquisition, merger, sale of assets or equity, or by operation of law.

Termination

You agree that in our sole discretion, may terminate your access to any products and/or services, and/or discard, remove or modify any content within the products and services, for any reason, including, without limitation, for lack of use or if The Flame Pot believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. You agree that any termination of your access to our products and services may be affected without prior notice, and acknowledge and agree that The Flame Pot may immediately deactivate or delete your account and all related information and files in your account. If you use the Website in violation of this Terms of Service, The Flame Pot may, in its sole discretion, retain all data collected from your use of the Website. You agree that The Flame Pot shall not be liable to you or any third party for the termination or discontinuation of your access to the Website and the products and services, or collection of information notwithstanding in the case of your violation of these Terms of Services, even if advised of a claim for damages.

Changes to Terms of Service

The Flame Pot reserves the right, at our sole discretion, to modify, update, change and replace any part of this Terms of Service at any time and without prior notice. All changes to this Terms of Service will be effective immediately upon being posted to the Website. Each version of our Terms of Service will be prominently marked with the date it was last updated. By continuing to use the Website after we change the terms of this Terms of Service, you consent to those changes. It is your responsibility to periodically check the Website and this Privacy Policy for changes.

Contact Us

If you have questions regarding our Terms of Service, please contact us by email at support@theflamepot.com or by mail using the details provided below:

THE FLAME POT
[Re: Terms of Service] 
Exaira Global (M) Sdn Bhd
Lot 2-01, Aras 2, Plaza Seremban Utara,
Jalan Tun Dr Ismail, 70200 Seremban,
Negeri Sembilan, Malaysia