Welcome to XQST where a taste of luxury begins.
XQST Luxury Sdn Bhd (previously known as Phoenix Placement Agency Sdn Bhd) is a private limited company incorporated under the laws of Malaysia and we are in the business for rental of luxury goods to you who deserves it.
We wish to bring to your attention that the terms and conditions set forth herein (“Terms”) regarding business transactions and services include our products rental and sale services available on and carried out through our Platforms provided to you by our team at XQST. By browsing, accessing and registering through our Sites, you are deemed to have acknowledged, read, understood and accepted these Terms.
If you do not wish to accept these Terms, you shall immediately cease browsing or access to our Platforms and you will not be entitled to register with us nor will you be allowed to transact with us. Upon acceptance by you, it is hereby agreed that you shall conform to and comply with these Terms and such agreement shall constitute a legally binding contract between you and the Company.
For the purpose of these Terms, references to “Company” shall include XQST Luxury Sdn Bhd and any of its affiliate, associate, subsidiary or related companies (as the case may be).
Any reference to “XQST”, “we”, “us” or “our” shall be a reference to the Company, our shareholders, directors, employees, managers, representatives, agents, partners and/or our data processor of the Company and any of its group companies. If you are an entity, references to “you” and “your” shall also include your shareholders, directors, employees, managers, officers, representatives, agents and partners, respectively.
1. Effective Date
Save and except as otherwise provided herein, these Terms shall take effect and be binding on you upon the registration of your account with us, and shall continue in full force and effect until and unless your account is terminated. Without prejudice to the relevant laws, all decisions made by us in connection with the provisions of these Terms shall be conclusive and binding on you.
2. How do you begin with XQST
Your journey to luxury begins with you browsing through our Sites. At XQST, we have a myriad of bags for you to choose from and you are free to browse through all our available bags and select the most suitable piece for your occasion.
Our Terms are only binding on members of the age of 18 and above. Any users below the age of 18 shall not access the Platforms or use the services unless under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child below the age of 18, you are fully responsible for his / her use of the services including the rental of any products and all such liabilities as may be incurred by him / her in connection with the use of our services.
3. Account Registration
To ensure successful registration with us, you hereby agree and undertake to complete the digital form of registration. You must ensure that all information is true, accurate and not misleading in all aspects and shall refrain from using any false identity, misuse the identity of another person or other improper or illegal methods. Failing which, we reserve the right to take all necessary legal action (including terminating you as our customer or suspending your account indefinitely) against whosoever that has breached the above provisions and you shall bear and take full responsibility of the legal consequences for the breach.
All information provided to us at any point in time whether before or after registration must be accurate and up-to-date. If there are any changes made to such information, you are required to notify us promptly for purposes of updating our records. You acknowledge that we have relied solely on the accuracy and completeness of the information provided by you at the point of registration.
At XQST, your luxury takes the form of renting from us, your desired piece. All products shown on our Platforms may be rented for your personal use. To transact the rental, you must have a valid credit card or such other approved payment method as we may deem appropriate. By registering an account with us, you represent and warrant that you are 18 years of age or above and that you are authorised to use the chosen payment method for the purpose of renting our bags.
4.1. Rental Period
The rental period offered by XQST are short term rental (3 days) and weekly rental (7 days).
The category of brands for the bags and the applicable rental period are non-exhaustive and our management reserves the absolute right to add, remove, vary or make any such changes as we may deem fit and necessary at any time from time to time. XQST does not guarantee the availability of the bags at that material time when you have chosen the bag as there may be a delay in updating our system on a specific bag’s availability. We therefore reserve our absolute rights to recommend similar bags to you or you may opt to be on the wait-list for that desired bag. Once available, you will be notified by way of an email on the availability of the bag.
4.2. Delivery / Collection
Upon your confirmation to rent the bag, you will receive a confirmation email from our team confirming your rental and the mode for collection. Collection of your bag can be by way of delivery at your doorstep or by collection from our team at our office. Barring any unforeseen circumstances, you will receive your bag:
- within the same business day if you place your order before 12pm;
- within the same business day if you place your order after 12pm and indicate to us that you would like an emergency same day delivery at an additional charge of RM50.00 (which will be deducted from your Deposit);
- the next business day if you place your order after 12pm,
and the day on which you receive the bag will be considered as the first day of your rental period.
All orders and items are checked before delivery. Our team will take up to 10 photos of the condition of the rented bag and will send you the images via email and/or WhatsApp prior to its departure to you. Upon delivery of the bag, you will be required to sign a delivery note with the pictures attached confirming the receipt of the rented bag on its ‘as is where is’ state. In an unfortunate case where you receive the rented bag in a condition different from the photos which you have received, please contact us immediately.
The rented bags shall be for the use of the person identified in our records and it is our strict policy that you must not share or further let to any third party without our knowledge. Upon delivery or collection of your rented bag, a simple verification process will take place prior to the handing over of the bag. You will be required to produce your identification card for verification against our system to ensure that you are the actual borrower of the bag. Otherwise, if you fail such verification process, XQST reserves the right to withhold the handing over of the bag until otherwise satisfied of your identity.
All payment for the rental of the bags including the security deposit and rental price shall be paid in full prior to the use of the bag. Every rental will be subject to a security deposit which amount is as indicated on our website www.xqst.co (“Deposit”) for your desired bag. The Deposit will be refunded to you in accordance with Clause 5 below.
The rental price for each of the available bags are available on our website www.xqst.co and the rates are applicable in accordance with your desired rental period. We reserve the right to adjust, amend, vary and change the prices for all types of bags offered on our Site. The price list shall not be deemed to be final and conclusive as it may be subject to service tax and other disbursement charges. You will be notified of such additional charges, if applicable prior to the your payment for the rental of the bag.
Notwithstanding the generality of this Clause 4.3, should there be any additional charges attributed to you, e.g. emergency delivery fee of RM50, return collection fee of RM30, etc., such amount shall be deducted from the Deposit paid by you before the refund of the Deposit.
As a general rule, you may cancel your order within 30 minutes after the order has been placed and upon your receipt of our confirmation email. If you do so, there will be no cancellation charges and you will receive a full refund of the amount paid for in respect of the order. If you were to cancel your order 30 minutes after you have placed your order, you will be charged only the rental price and the Deposit charged will be refunded to you accordingly.
5. Return Policy
In the delivery pack for the bag, you will find a XQST dust bag where you are to return the rented bag in its original condition per the delivery note, in the XQST dust bag. Upon expiration of the rental period, you are required to return the bag on the next day before 12pm to our collection point and only if requested for collection at a charge of RM30.00, our team will be in touch to collect from you the bag. If there is any delay in the return of the bag without prior notice to us, XQST reserves the right to exercise its rights under this Clause 5.
You acknowledge and agree that your refund of the Deposit paid is subject to a one (1) day verification process where our team will verify the authentication code and assess the condition of the bag upon its return. Once approved of its verification process, our team will within one (1) business day thereafter, refund to you the Deposit and barring any unforeseen circumstances, you should receive a refund of your Deposit within the next 7 to 21 business days.
Should you fail, refuse or neglect to return the bag on the due date upon expiry of your rental period, the Deposit charged will be forfeited in full by XQST and XQST may charge an additional amount equivalent to the Deposit amount to you as compensation to XQST which if we do, you are agreeable and undertake to approve and authorise such charges. Such failure, refusal or neglect to return will be construed as your indication to us to purchase the bag. The bag will thereafter be deemed to be sold to you on an “as is” basis with no warranty whatsoever. The sale is thereafter final and conclusive with no further claims nor demands to be made by you.
Notwithstanding so, on grounds deemed valid and justified by XQST,
- if you were to return the bag on or by the 3rd day after the initial rental expiration date, we will only charge an amount equivalent to the 3 days’ rental price for the bag;
- if you were to return the good on or by the 7th day after the initial rental expiration date, we will only charge an amount equivalent to the 7 days’ rental price for the bag;or
and upon the occurrence of any of the above events, XQST will deduct the rental amount for such extended rental period owing by you to XQST and thereafter arrange for refund to you, the balance of the Deposit and additional amount charged (as applicable) upon receipt of your return of the rented bag.
6. Refund Policy
Subject to the provisions of the law, you are entitled to reject the bags upon your receipt / collection of the bag after inspecting the bag and seek a refund or subject to the availability of the bags, seek a replacement provided you first notify us your intention to reject the bags and the grounds for such rejection (which shall be reasonable in our view). You are required to indicate on the delivery note that you have examined and inspected the rented bag and that it is to your satisfaction that the rented bag conforms with its description and is of an acceptable quality and is reasonably fit for its purpose.
Without prejudice to the law, you may seek (i) a refund of the rental amount paid for the bags in respect of the rejected bag or (ii) a replacement of a bag of the same type and of similar value where such bags are reasonably available to us as part of our stock. The replaced bags, once supplied, shall be deemed to be supplied by us as part of our rental service and all terms pertaining to the rented bag shall apply to the replacement rented bag.
7. Purchases (only effective upon notice by us)
All bags designated and published by us on our Platforms may be available for sale at the discretion of XQST and subject to the availability of the bag at the time of purchase. The selling price of the bags will be indicated to you privately upon your inquiry with us on the purchase. Upon indication of your interest to purchase the bag, our team will be in touch on the details for the purchase on terms to be determined at XQST’s sole discretion.
To clarify, the selling price for the bag does not include all applicable sales tax (if applicable) and delivery charges. Such miscellaneous charges shall be payable in addition to the selling price and the amount will be charged to the purchase order upon your confirmation for the purchase. Once you have confirmed the purchase, it shall be irrevocable and conclusive and the purchase order cannot be cancelled.
If you choose to purchase, you acknowledge and agree that the bags have been previously rented by other XQST customers and are not new. All bags upon its return from the previous customer will be professionally cleaned and inspected before they are sold and delivered to you. All bags are sold to you at an “as is” basis with no warrant whatsoever.
8. Quality of Goods
You shall exercise reasonable care and diligence on the bags rented by reading and understanding the instructions carefully and take note of any precautions for the use of the bags. Save as stated herein, we make no warranty and expressly disclaims any implied warranty in relation to the fitness for purpose, merchantability, effectiveness, performance, use, nature or quality of the bags and hereby disclaims all other warranties and obligations, express or implied, including any warranties and obligations arising from a course of dealing or usage of trade. In no event shall XQST be liable for indirect, incidental or consequential damages whether in contract, tort, negligence or otherwise.
9. State of the Goods
We exercise utmost care and diligence in handling our bags for rental and sale. We are confident the same standard of care reciprocates because we trust you love the bags as much as we do.
9.1. Your Usage
Any loss, damage or destruction to the bags for reasons attributed to you (including but not limited to misplacement, theft, fire, drenched, major peeling or any other cause) save for normal fair wear and tear, you will be solely responsible. For the avoidance of doubt, normal fair wear and tear includes minor scratches occurring after your use. If the bag is returned damaged and such damages are beyond normal fair wear and tear, you agree and have no objection for us to charge you (which payment shall not be withheld) or deduct from the Deposit prior to a refund, the costs and expenses incurred for the repair or replacement of the bag (as may be notified by XQST at our sole discretion). If the bag is damaged beyond repair, we will deem that such bag is sold to you and you agree to purchase the bag at its market value at that point in time. The bag will thereafter be deemed to be sold to you on an “as is” basis with no warranty whatsoever. The sale is thereafter final and conclusive with no further claims nor demands to be made by you.
9.2. Security Tag Tampered
Each of our bag has a security tag on it and if tampered upon return to us, the rented bag will be deemed and considered sold to you and you would agree to purchase the bag at its market value at that point in time. The bag will thereafter be deemed to be sold to you on an “as is” basis with no warranty whatsoever. The sale is thereafter final and conclusive with no further claims nor demands to be made by you.
9.3. XQST Maintenance
Our bags will be individually handled with care and be professionally cleaned prior to the delivery to you. We collaborate with renowned bag cleaners in town to ensure that our bags are thoroughly cleaned after each rental. XQST imposes high quality on the condition of our bags and we constantly inspects the bags with utmost care. Nevertheless, the use of our bags during the rental period is at your own risk and XQST shall not be liable for any skin sensitivity or health related reactions associated with our bags.
As Malaysians, we celebrate all festive seasons. XQST may (but not guaranteed) by reason of any such celebrations, roll out and release promotions on terms to be determined by our team at any time from time to time.
Unless otherwise specifically stated in writing, the following terms and conditions shall be applicable to all the promotions hosted by XQST:
- limited only for single use transaction only for such promotional period;
- not exchangeable either wholly or partially for cash;
- cannot be used for other sales or promotional items or services provided by XQST;
- such other terms and conditions as may be imposed by XQST; and
- XQST reserves to amend, change or vary the terms and conditions to the promotion.
Your account may be deactivated should you wish to discontinue your use of our services at any time. You may email us at [email protected] indicating your intention to deactivate your account and reason for deactivation; thereafter, your account will be deactivated within the next 24 hours. You acknowledge and understand that your Personal Data may continue to exist for use of XQST notwithstanding the deactivation.
Notwithstanding the generality of the foregoing, in the event where there is any breach or violation of any of these Terms, XQST reserves its absolute right to suspend or terminate your access to your account and/or the services available on our Platforms. The termination or suspension of your account shall not prejudice the rights or remedies of XQST which have arisen prior to such termination and shall not prejudice any provisions of these Terms which are expressed to continue or which are capable of continuing in force after such termination or suspension.
As part of marketing campaign, you hereby agree and permit XQST to publish without consent, any part of your communication with our team on your reviews, feedbacks or suggestions pertaining to our services on any of our Platforms. We will also be allowed to publish any of your comments, feedbacks or photographs taken by you on the bags rented and we shall have the discretion to use the published comments, feedbacks, photographs whether in hard or soft copies, for analysis, public releases, advertising or marketing purposes and such other purpose as we deem fit and necessary. Notwithstanding so, there will strictly be no disclosure of your identity and personal information. If you preferred not to have your comments, feedback, pictures published, please inform us of your intention.
By using the services, you agree to indemnify and hold XQST, and our shareholders, directors, officers, agents, and employees, harmless from and against all suits, actions, demands, claims, losses, liabilities, damages, expenses and costs whatsoever arising under any laws of Malaysia (including all legal fees), made by any third party due to or arising out of or resulting from your breach of any of these Terms or through any default, omission or negligence on your part in your use of the services.
14. Limitation of Liability
All access and downloads of content or information from any of the Platforms shall be at your own risk and we shall not be liable for any loss of data or interruption due to the usage of any such downloaded content or information.
We shall not be responsible directly or indirectly for any system or internet connection failure, error, omission, interruption, delay in transmission or computer virus that has caused the non-provision of services and delay in the provision of the services. Neither Party shall be liable for the non-performance of the contract in the event of a Force Majeure event taking place. For the avoidance of doubt, an event of “Force Majeure” includes any event or circumstance where there is a riot, war, invasion act of enemies, earthquake, floods, fire or other physical natural disaster, strikes and industrial disputes by the labours.
15. Intellectual Property
All services provided under and on our Platforms (including the Site) as well as the intellectual property rights in and related to the services with any subsequent alterations, modifications or changes thereto are and shall at times remain as property of XQST. We are the legal and beneficial proprietor of “XQST” and the XQST logo under the applicable laws of Malaysia. Other product names or logos appearing on or through any of our Platforms are trademarks (whether registered or licensed to use) of the respective owners and/or licensees (as the case may be).
You shall not at any time in relation to any trade, business or company or in the corporate name of such trade, business or company, use a name identical or similar to the trade name of “XQST” and XQST logo and all intellectual property rights in such way as to be capable of being or likely to be confused with the names, logos or trademarks of XQST.
XQST warrants that it is not aware of any actual or alleged infringements of any intellectual property rights of third party which relates to the bags and we shall have no liability to you in the event that the bags supplied to you infringe any intellectual property rights of a third party including without limitation by reason of their possession, sale or use, whether alone or in association or combination with other bags.
16. Modification / Variation
We reserve the absolute right to modify and/or vary these Terms without notice to you at any time from time to time and any such modification / variation shall be effective on the next day from the date of our notice to you on our Platforms. It is your responsibility to read and understand the Terms and any revisions thereof, prior to and during the use of our services. Your continued use of any of the services will be deemed as your acceptance to the revisions made to these Terms.
You cannot assign or transfer any of your rights or obligations under these Terms. XQST may at any time in its absolute discretion assign or transfer its rights and obligations under these Terms to any persons at any time without notice to you.
18. Consumer Disputes
We treasure your support for XQST. Should there be any dispute arising, we will endeavour to amicably discuss and settle with you any controversy, dispute or claim arising out of or in connection with these Terms. Where we are unable to settle any dispute amicably, you may resort to the tribunal for consumer claims relating to the dispute in question. Notwithstanding the foregoing, you understand and agree that any dispute resolution proceedings, if conducted, will only be on and in your individual capacity and not in a class or representative action.
19. Waiver of Rights
No failure or delay by any party in exercising any right, power or remedy under these Terms shall operate as a waiver, nor shall any single or partial exercise of the same preclude any further exercise or the exercise of any other right, power or remedy unless such a waiver is made in writing.
20. Entire Agreement
These Terms contain the entire agreement between you and XQST relating to the services provided in and on the Platforms. No employee, staff, agent or other representatives of XQST has any authority to bind XQST with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
If any provisions in these Terms are deemed invalid, void or cannot be enforced under any law, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of these Terms, all of which shall remain in full force and effect. We will use reasonable efforts to replace such provisions with a valid provision the effect of which is closest to the intended effect of the invalid or unenforceable provision.
22. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Together with XQST, you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia in the event any of the disputes in connection with these Terms are unable to resolve amicably, result in a court action.
Unless the context otherwise requires, the following words and expressions have the meanings set out below:
|"Personal Data"||:||any information collected by us and it relates directly or indirectly to a data subject that is identified or identifiable from that information. Such data may include name, electronic mail address, residential address, contact number, identification card number / passport number, date of birth, gender, occupation, credit card details, bank account details, or such other information as may be provided by you from time to time pursuant to our engagement or correspondences related to the services;|
|"Platforms"||:||means the Site and other platforms including any social media platform where you interact with our team and such other applications developed and made available on other devices at any time;|
|"Site"||:||means our official website at www.xqst.co;|
|"Notification" or "notified"||:||or any cognate expressions shall mean a notice by way of any electronic communication, public announcements or publication on the Platforms or comparable means of communication.|
We reserve the right to determine on the provisions, variations, modifications and/or upgrades of the services. Unless otherwise stated, these Terms shall be applicable to all such varied, modified, upgraded of services. The scope of services may at any time be increased or modified or suspended due to scheduled or non-scheduled maintenance, at the sole discretion of XQST and you will be notified accordingly. You hereby acknowledge and agree that we shall under no circumstance be held liable or responsible, directly or indirectly, for any loss or damage incurred or suffered by any third party arising from any act of delays, inaccuracies or omissions occurring during and in connection with the use of our services.
If you have any enquiries, comments or complaints with respect to our services or in connection with these Terms, you may contact us at:
|Address||:||A1-3A-9, Arcoris Business Suite, Jalan Kiara Mont Kiara, 50480 Kuala Lumpur|
|Email Address||:||[email protected]|