Terms of service
# TERMS OF SERVICE
**Last Updated: May 2026**
## OVERVIEW
Welcome to Homira! The terms "we", "us" and "our" refer to Homira. Homira operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Homira is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
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## SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in Malaysia), or that you are the parent or legal guardian of any minor dependent utilizing devices you own or manage to access this Site.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain personal information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
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## SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products' colors and details in our online store. However, please note that actual colors or product appearances may differ slightly from how they render on your screen due to your device’s display settings and configurations.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the sales or quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
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## SECTION 3 - ORDERS AND CONTRACT FORMATION
When you place an order on our Site, you are making an offer to purchase. Homira reserves the right to accept or decline your order for any legitimate business reason at our discretion. Your order is not considered accepted until we process your payment and dispatch the items.
Please review your order carefully before submitting, as we are unable to accommodate cancellation requests after an order is accepted and processed in accordance with our Return & Refund Policy. In the event that we reject, modify, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Unless explicitly authorized by us in writing via a separate wholesale agreement, products purchased on this Site are intended for personal or domestic use.
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## SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be displayed during checkout and in your order confirmation email. Unless otherwise stated, posted prices do not include shipping, handling, or delivery charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You agree to promptly update your account details, including your email address and payment card expiration dates, so that we can complete your transactions smoothly.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) you will settle all charges incurred by you at the posted prices, including applicable shipping fees.
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## SECTION 5 - SHIPPING, DELIVERY, AND RISK
All delivery times and windows provided are estimates only and are not strictly guaranteed. Homira is not liable for shipping and delivery delays caused by courier service networks, peak campaign bottlenecks, or events outside our reasonable control.
Once we transfer the products to our third-party logistics courier partner, the physical risk of loss or transit damage passes onto the carrier and the customer, subject to the reporting and inspection claims detailed within our Return & Refund Policy.
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## SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to the brand name **Homira**, our logos, text, website layout, product displays, imagery, graphics, video, and audio, are owned by **Somer Marketing Sdn. Bhd.**, its affiliates, or licensors and are protected by Malaysian and international copyright, trademark, and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, download, store, or transmit any material from our Site without our prior written consent.
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## SECTION 7 - THIRD-PARTY LINKS AND TOOLS
We may provide you with access to optional third-party tools (such as specific payment gateways or tracking extensions) or hyperlinks to external websites which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or external links. Please ensure you familiarize yourself with the terms of those specific third-party providers before engaging in transactions with them.
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## SECTION 8 - RELATIONSHIP WITH SHOPIFY
Homira's e-commerce architecture is powered by Shopify. Shopify enables the digital infrastructure to provide the Services to you, but any sales contract is made directly between you and Homira. You acknowledge and agree that Shopify is not a party to the sale and is not responsible for any direct losses or delivery disputes resulting from purchased products.
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## SECTION 9 - PRIVACY AND DATA PROCESSING
All personal data collected through your use of the Services is governed strictly by our **Privacy Policy**, which is built in accordance with the Malaysian Personal Data Protection Act 2010 (PDPA). Because our store is hosted by Shopify, your data will be transmitted and securely processed across global cloud servers outside of Malaysia. By using the Services, you acknowledge that you have read and agreed to our data handling practices.
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## SECTION 10 - USER FEEDBACK AND REVIEWS
If you submit product reviews, suggestions, ideas, or feedback (collectively, "Feedback"), you grant us an unrestricted, perpetual, worldwide, royalty-free license to use, reproduce, publish, distribute, and display such content in any media, including for promotional or marketing purposes.
You agree that your Feedback will not contain unlawful, abusive, defamatory, or obscene material, nor contain any malware or virus that could affect the operation of the Site. You may not use a false email address or pretend to be someone else to mislead us as to the origin of any Feedback.
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## SECTION 11 - PROHIBITED USES AND AUTOMATED AGENTS
You may access and use the Services for lawful purposes only. You are prohibited from using the Site or its content:
* For any unlawful, fraudulent, or malicious purpose.
* To infringe upon or violate our intellectual property rights or those of others.
* To transmit false, misleading, or malicious tracking code/viruses.
* To collect or track the personal information of other users.
* To use any automated device, scraping script, robot, spider, or artificial intelligence agent (such as agentic AI) to extract data, monitor prices, or bypass our technical security features.
If you employ an automated software software entity ("Agent") to interact with our Site, the Agent must clearly identify itself in all HTTPS requests via its string headers as `Agent/[agent name]` and must not attempt to mimic human behavior or circumvent CAPTCHA systems. We reserve the right to ban any IP address or terminate any account violating this section without notice.
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## SECTION 12 - DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
To the fullest extent permitted under Malaysian Law (including the Consumer Protection Act 1999):
* The Services and all products delivered to you through the online store are provided 'as is' and 'as available' for your use, without any express or implied representations or merchantable quality conditions, except where explicit product manufacturing warranties apply.
* In no event shall Homira, our directors, officers, employees, or affiliates be liable for any incidental, punitive, special, or consequential damages—including lost profits, lost revenue, or replacement costs—arising out of your use of the services or products procured from the Site.
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## SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Homira, its directors, employees, and our infrastructure provider Shopify, from any third-party claims, liabilities, losses, or legal fees arising out of your breach of these Terms of Service or your violation of any applicable laws.
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## SECTION 14 - SEVERABILITY AND WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right. If any provision of these Terms is determined by a Malaysian court of law to be unlawful, void, or unenforceable, such provision shall be severed, and it will not affect the validity and enforceability of the remaining provisions.
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## SECTION 15 - GOVERNING LAW AND JURISDICTION
These Terms of Service, our operational policies, and any separate commercial agreements whereby we provide you products or Services shall be governed by, construed, and enforced in accordance with the **laws of Malaysia**. You and Homira hereby submit to the exclusive jurisdiction of the **Malaysian Courts** to resolve any legal disputes.
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## SECTION 16 - CONTACT INFORMATION
Questions or clarifications regarding these Terms of Service should be sent to us at:
**Somer Marketing Sdn. Bhd. (Homira)**
**Company Registration No:** 202601009045
**Email:** somer.ecom1@gmail.com
**Address:** 1816, Batu 4, Jalan Jelebu, Pantai, 71770 Seremban, Negeri Sembilan, Malaysia.
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