|Maklumat Tambahan - Sistem|
5. SALE OF GOODS extract from Terms & Conditions
5.1.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller. The identity of the Seller for a particular Goods listed for sale on the Platform may be stated on the Platform listing such Goods.
5.1.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Seller and the said Seller has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Seller. Where the Contract is entered into directly between the Buyer and a Seller, we are not a party to the Contract or any other Contract between the Buyer and the Seller and we accept no obligations in connection with any such Contract. Buyer and Seller shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
5.1.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Seller through the Platform are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
5.1.4 While the Seller endeavours to provide an accurate description of the Goods, neither the Seller or us warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 5.6 shall apply.
5.1.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by us in our Platform shall be subject to correction without any liability on the part of us.
5.1.6 We will not be responsible for any taxes or duties imposed by any authorities in respect of the sale of goods and such taxes and duties shall be borne by the Buyer or Seller.
5.2 ORDERS AND SPECIFICATION
5.2.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Sellers acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. We shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which we shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
5.2.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon us issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, we shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. We shall furthermore be entitled to require the Buyer to furnish us with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
5.2.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Seller and us and on the terms that the Buyer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of the modification or cancellation, as the case may be.
5.3.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable delivery fee, sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to us.
5.3.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which we shall, on behalf of Seller, notify the Buyer of such cancellation. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5.4 TERMS ON PAYMENTS
5.4.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. All payments shall be made to us, either accepting payment in its own right or as Sellers agent. Buyer and Seller acknowledges that we are entitled to collect payments from Buyer on behalf of Seller.
5.4.2 The Terms and Conditions applicable to each type of payment, as prescribed by us on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
(a) Credit Card
Credit card payment option is available for all Buyers. We accept all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyer is protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
(b) Debit Cards
We accept all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card information of Buyer is protected by industry leading encryption standards.
(c) Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to our bank account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia (RM). We may in our sole discretion refuse this payment option service to anyone or any user without notice for any reason at any time.
5.4.3 Buyer and Seller shall bear their own cost of any obligation imposed upon them under the applicable law with respect to any taxes or similar items in connection with the transaction.
5.4.4 We shall remit the Settlement to the Seller on the Settlement time period as agreed between the Seller and us. For the avoidance of doubt, we shall remit the settlement on the Settlement Date however we make no guarantee regarding the actual date of receipt of such settlement by the Seller. We may together with each Settlement to the Seller provide a report containing a breakdown of Settlement for the relevant transactions undertaken.
5.4.5 We shall remit all Settlement to the Seller’s designated bank in Malaysia Ringgit (RM) by wire transfer or such other method preferred by us.
5.4.6 We may hold back from the Settlement any amounts reasonably required to cover potential or expected refunds (if applicable).
5.4.7 With respect to each Settlement made, the Seller shall reconcile its sales report against the Settlement report (where the same is provided by us) for the relevant transactions. If the Seller discovers any discrepancy in the Settlement by us, the Seller shall within fifteen (15) days from the Settlement Date notify us of such discrepancy together with the relevant supporting documents evidencing the discrepancy, failing which the Seller waives its rights to raise any dispute and is deemed to have accepted the Settlement made by us as correct. Where the Seller notifies us of a discrepancy within the timelines stated herein, the Seller and us shall resolve the discrepancies in good faith as soon as practicable.
5.4.8 Should there be any dispute in relation to the Settlement or any payment between Seller and us, we shall only remit the undisputed amount or part thereof to the Seller prior to the resolution of such dispute.
5.4.9 It shall be the Seller’s responsibility to ensure that the details of the Seller’s designated bank provided to us remain accurate and correct and should keep us updated if there are any changes. We shall not be held liable should the Settlement or any monies are being remitted to a wrong account if the Seller fails to comply with this clause.
5.5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order and Seller shall be fully responsible for the delivery of the Goods to the Buyer.
5.5.2 Seller has the right at any time to sub-contract all or any of the Seller’s obligations for the sale/delivery of the Goods as Seller may from time to time decide without giving notice of the same to the Buyer.
5.5.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.
5.5.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Seller and us, be entitled to demand performance within a specified time thereafter and such specified time shall be within 7 days from delivery date. If Seller fail to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
5.5.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 5.5.4 above, Buyer shall immediately notify us of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. We shall be entitled at any time to demand the Buyer to return the Goods to us and in the event of non-compliance we reserve our rights to take legal action against the Buyer for the return of the Goods and also reserve our right to seek damages and all other costs including but not limited to legal fees against the Buyer.
5.5.6 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyers reasonable control or not due to Sellers fault) then without prejudice to any other right or remedy available to us, Seller may terminate the Contract.
5.6 RETURN, REFUND, AND REPLACEMENT OF GOODS
5.6.1 All Goods sold on the Platform is covered under our return and refund policy depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with us through the Platform or with the Seller directly.
5.6.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Seller within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact us or Seller within 48 hours of receiving the delivery to expedite the claim process.
5.6.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
(a) the Goods delivered to Buyer is defective and/or damaged on delivery;
(b) the Goods, in particular fashion items, which does not fit;
(c) the Goods delivered to Buyer is fundamentally different from the description provided by Seller in the listing of the Goods;
(d) the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
5.6.4 Notwithstanding Clause 5.6.3, neither Seller or us shall entertain Buyers request for a return, refund and replacement of Goods in the following circumstances:
(a) delivery cannot be made due to the Buyer providing delivery address which is incorrect or incomplete;
(b) Buyer refuse to accept the delivery of the Goods for any reason whatsoever;
(c) Buyer fails to adhere to any of the delivery instructions issued by Seller or us, including where Buyer or Buyers representative are not present to received the Goods when the delivery person attempts delivery, or any of the instructions which Buyer issued to the Seller or us or the delivery person cannot be reasonably fulfilled;
(d) delivery cannot be made to Buyers address for whatsoever reasons due to Force Majeure;
(e) such other circumstances which may be prescribed by us on the Platform; and
(f) any perishable Goods are not allowed. To ensure that Buyer is satisfied with the perishable Goods when Buyer received, Buyer should inspect the contents as soon as the order arrives.
5.6.5 The application for return of purchased Goods may also be subject to additional terms and conditions prescribed by us on the Platform. Please contact us for further details.
5.7 QUESTIONS AND COMPLAINTS WITH REGARDS TO RETURNS
5.7.1 If Buyer has any questions or complaints: -
(i) Buyer may either contact the Seller directly; or
(ii) contact us using the “Contact Us” page on the Platform or via email at email@example.com whichever applicable].
5.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, we reserve the right to suggest and implement an appropriate resolution at our sole discretion.
5.8 RISK AND PROPERTY OF THE GOODS
5.8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Seller has tendered delivery of the Goods.
5.8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Terms and Conditions, the property in the Goods shall not pass to the Buyer until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.
5.8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as our fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
5.8.4 The Buyer agrees with us that the Buyer shall immediately notify us of any matter from time to time affecting our title to the Goods and the Buyer shall provide us with any information relating to the Goods as we may require from time to time.
5.8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), we shall be entitled at any time to demand the Buyer to return the Goods to us and in the event of non-compliance we reserve our right to take legal action against the Buyer for the return of the Goods and also reserve our rights to seek damages and all other costs including but not limited to legal fees against the Buyer.
5.8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of ours but if the Buyer does so all moneys owing by the Buyer to us shall (without prejudice to any other right or remedy of ours) forthwith become due and payable.
5.8.7 If the provisions in this Clause 5.8 of these Terms and Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
5.8.8 The Buyer shall indemnify us against all loss damages costs expenses and legal fees incurred by the us in connection with the assertion and enforcement of our rights under this condition.
5.9 TERMINATION OF CONTRACT
5.9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to us through our Contact Us page at https://simplemall.my via email at firstname.lastname@example.org. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 5.6 of these Terms and Conditions.
5.9.2 Without prejudice to any other right of termination elsewhere in these Terms and Conditions, Seller or us acting on Sellers behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
(a) the Goods under the Contract being unavailable for any reason; and/or
(b) the Goods under the Contract has been mispriced on the Platform.
5.10 WARRANTIES AND REMEDIES
5.10.1 Subject to or as expressly provided in these Terms and Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
5.10.2 Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Seller further gives to the Buyer such implied warranties as cannot be excluded by law.
5.10.3 The above warranty concerning the Goods is given subject to the following conditions:
(a) No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions;
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description;
(c) Seller or us shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Seller, addition and insertion of parts, in particular of spare parts which do not come from Seller;
(d) Seller or us shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Sellers instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Sellers approval;
(e) Seller or us is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Sellers prior written approval and the Buyer shall indemnify Seller and/or us against each loss liability and cost arising out of such claims;
(f) Seller or us shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment to us;
(g) Seller or us shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
Notwithstanding the above, pursuant to Clause 5.1.2 we shall never be liable for any such special or particular description which may have been provided by Seller through the Platform. We shall also not be liable for and do not give any warranty as to the quality state condition or fitness of the Goods or remedies to the Goods.
5.10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to Seller in exchange for a replacement or a refund in accordance with our Return Policy and Clause 5.6 of these Terms and Conditions above.
5.10.5 When Seller has provided replacement Goods or we have given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of Seller of ours.