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PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Contract contains the current terms and conditions that apply to your purchase from MoreSales.com.my on order of any product or products listed as shopping items on this Website ("Products"). You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for the Products, you agree to be bound by and accept these terms and conditions.
SALES & PURCHASE
- "MoreSales.com.my" means MoreSales Internet Marketing.(001532766-M).
- "Product(s)" means product(s) and/or its/their peripheral product(s) by MoreSales.com.my listed as shopping items on this Website and forming the subject matter of this contract as identified by Customer in the order form.
- "Customer" means a person who orders goods via this Website or CCC.
- "Contract" means a contract containing these terms and conditions agreed upon between MoreSales.com.my and Customer for sale by MoreSales.com.my and purchase by Customer of the Products.
- "CCC" means the MoreSales.com.my Customer Contact Center operated by MoreSales.com.my in Malaysia, from which Customers may order Products by telephone or facsimile transmission.
- "Purchase Order Number" means the Customer Purchase Order Number automatically generated and provided to Customer by MoreSales.com.my upon Customer placing an order.
- "Working Day" means a day, on which commercial banks in Malaysia are open for business, excluding Saturdays.
ORDER/ FORMATION OF PRODUCT
- MoreSales.com.my shall sell and Customer shall purchase the Products in compliance with the Contract
PRICE & PAYMENT
- All orders of the Products placed by Customer whether made via the CCC or this Website shall be subject to acceptance by MoreSales.com.my, which acceptance is at the discretion of MoreSales.com.my. Upon Customer placing an order, a unique Purchase Order Number will be automatically generated and provided to Customer to facilitate tracking of Customer's order. The provision of such Purchase Order Number does not operate as an acceptance of Customer's order and merely serves as confirmation that Customer's order has been received by MoreSales.com.my.
- These terms and conditions shall become the Contract only when notice of acceptance by MoreSales.com.my of an order by Customer is sent to Customer.
- MoreSales.com.my will only accept orders for delivery of the Products to the street address of Customer in Malaysia from residents of Malaysia who have attained the age of 18 years. Subject to Clause 4(3) below, Customer may only cancel an order before notice of acceptance by MoreSales.com.my of such order is sent to Customer.
- MoreSales.com.my reserves the right to limit quantities of the Products purchased in any order.
- Pricing of the Products shall be as stipulated in the official price lists published by MoreSales.com.my from time to time in force as at the date of placement of orders by Customer.
- Product Prices include all Malaysian taxes that may be imposed on the transaction under the Contract but are exclusive of transportation costs from MoreSales.com.my to Customer within Malaysia, which shall be borne by the Customer.
- Customer shall pay for the Products in Ringgit Malaysia using one of the following payment methods:-
(a) CASH/ CHEQUE DEPOSIT
Customer may make payment by way of a cash or cheque deposit at any branch of Maybank Berhad, Hong Leong Bank, RHB Bank and Bumiputra Commerce in Malaysia.
Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction. MoreSales.com.my shall be entitled to deduct or set-off any and all such fees, charges and costs against Customer's payment before refunding the same to Customer.
Customer shall insert Customer's Purchase Order Number, name and telephone number at the back of the cheque/bank draft and shall forward the cheque/bank draft to MoreSales.com.my within 3 working days of the Customer making his or her order online, failing which the Customer's order shall be deemed cancelled. MoreSales.com.my shall send the notice of acceptance as stated in subsection (2) of Section 3 upon receiving notification that the cheque/bank draft has been cleared. Customer will be charged when the notice of acceptance is sent to the Customer. Customer's order will be deemed to be cancelled if Customer's cheque is not honoured. If Customer's order is cancelled after clearance of Customer's cheque/bank draft but before a notice of acceptance by MoreSales.com.my has been sent to the Customer, the Customer shall be liable for all fees, charges and costs (including but not limited to processing fees and charges) arising out of or in connection with the cancellation or reversal of the payment transaction.
MoreSales.com.my shall be entitled to deduct or set-off any and all such fees, charges and costs against the Customer's payment before refunding the same to the Customer.
- The delivery process will only be initiated after payment has been validated and a notice of acceptance has been sent to the Customer as stated in Section 4 above. MoreSales.com.my shall endeavour to arrange to deliver the Products to the delivery point in Malaysia designated by Customer in his or her purchase order. MoreSales.com.my will use its discretion in selecting a reputable carrier and appropriate means of shipment, and shall endeavour to notify the Customer of the estimated date of delivery as soon as is reasonably possible. Unless the Customer specifically nominates a named individual or individuals to take delivery of the Products during the ordering process, delivery to any individual or individuals present at the delivery point in Malaysia designated by Customer in his or her purchase order shall be deemed good and sufficient delivery of the Products to the Customer. Where the Customer has specifically nominated a named individual or individuals to take delivery of the Products, MoreSales.com.my shall be entitled but not bound to request sight of the identity card or other identification document of the relevant individual or individuals before making delivery of the Products to such individual or individuals, and shall be entitled to accept any document purporting to identify an individual or individuals as the individual or individuals nominated by Customer, at its face value.
- Any dates quoted by MoreSales.com.my for delivery of the Products are estimates only and shall not form part of the Contract. In no event shall MoreSales.com.my be liable for increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to late delivery or non-delivery of the Products.
- MoreSales.com.my may deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate Contract and no default or failure by MoreSales.com.my in respect of any one or more instalments shall vitiate the Contract in respect of the Products previously delivered or undelivered Products. In the event that MoreSales.com.my gives notice to Customer that it is unable to deliver any instalment of the Products, Customer shall be deemed to have accepted those instalments already delivered but MoreSales.com.my may reimburse the price of the undelivered Products that have been paid for by Customer.
- If Customer fails to take delivery of the Products or any part of them when they are made available to Customer or fails to provide accurate instructions, documents, licenses, consents or authorisations required to enable the Products to be delivered, MoreSales.com.my shall be entitled, upon giving written notice to Customer, to store or arrange for storage of the Products, and then risk in the Products shall pass to Customer, delivery shall be deemed to have taken place, and Customer shall pay to MoreSales.com.my all costs and expenses (including storage and insurance charges) arising from its failure.
Unless Customer notifies MoreSales.com.my to the contrary by telephone, facsimile transmission or telex within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of the notification, the Products shall be conclusively deemed to have been accepted by Customer as being in good condition and in accordance with the Contract. Subject to the Customer's statutory rights, MoreSales.com.my will not entertain any request to return or exchange Products. In the case of defective Products under warranty which fall within the ambit of Section 9 below, MoreSales.com.my reserves the right, at its sole discretion, to repair such defective Products in lieu of replacing the same with equivalent products. Food, clothings and other product to wear on body cannot be returned for refund
TITLE, RISK OF LOSS OR DAMAGE
Title and risk of loss or damage to the Products shall pass to Customer on the physical delivery of the Products to the address identified by the Customer in the order. Notwithstanding the foregoing, title to the Products that are software products shall remain with the applicable licensor(s).
MoreSales.com.my will not offer support to Customer for problems relating to any software or hardware products licensed or manufactured by other party. If Customer needs such support, Customer should contact the respective supplier or licensor of each such software or hardware product.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THE CONTRACT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD OR PROVIDED PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE., THIS DISCLAIMER DOES NOT AFFECT THE CUSTOMER'S STATUTORY RIGHTS. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS INCLUDED ANY MEDICAL EVENTS OR OUTCOMES RELATING TO USE OF PHARMACY RELATED PRODUCTS PURCHASED VIA MORESALES.COM.MY.
The Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
MoreSales.com.my may update or discontinue any of Products and/or revise prices for the Products listed as available items on this Website or elsewhere at any time. Therefore, Customer agrees that changes between the shipped Products and the Products described in marketing materials (advertisements, catalogues, specification sheets etc.) may occur. All orders are accepted on these terms, which supersede any other terms appearing in this Website or elsewhere and shall override any other terms referred to by the Customer or in any course of dealing.
Customer agrees and warrants that the purpose of purchasing the Products is for Customer's own individual or personal use only, and not for resale. MoreSales.com.my shall be entitled to refuse to accept orders placed by Customer if Customer breaches or MoreSales.com.my, on reasonable grounds, suspects that Customer will breach this warranty.
Customer agrees to comply with all applicable export laws, regulations and orders of Malaysia and the United States of America. Specifically, but without limitation, Customer agrees that it will not re-export or ship, directly or indirectly, any Products or technical data in any form without first obtaining MoreSales.com.my's prior written consent and the appropriate export or re-export licenses from the Government of Malaysia.
Failure of MoreSales.com.my to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of the Contract is deemed by a court to be unenforceable, the remainder shall stay in effect.
The Contract shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the courts of Malaysia, that being the place where Customer's order has been received and/or entered and accepted.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions or the Contract, and no construction or inference shall be derived therefrom.
These terms and conditions may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for the Product(s) that is subject to additional or altered terms and conditions shall be null and void and of no effect whatsoever.