CONDITION OF USE
TERMS AND CONDITIONS FOR PETROSAINS INTERNET PLATFORM.
This Petrosains Sdn Bhd Terms and Conditions (“Terms and Conditions”) defines the agreement between Petrosains Sdn Bhd (“Petrosains”) and you in regard to the sale and purchase of any products on Petrosains Shop online shopping site run by Petrosains (“Petrosains Shop” or “Site”). Please read these Terms and Conditions carefully before you purchase any products through the platform as it contains important information on your rights and obligations, limitations and/or exclusions. By placing orders and making purchases through the platform, you are deemed to have read, accepted and agreed to abide by these Terms and Conditions.
Petrosains is referred to as “we” or “us”. We reserved the right to revise, change, modify, alter or amend these Terms and Conditions at any time without prior written notice. Your access or usage of the features in the platform will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.
ELIGIBILITY AND ACCEPTANCE OF TERMS
You must be eighteen (18) years old and above in order to access and use the features and make purchases on Petrosains’ platform. By accessing and using thePetrosains Shop, you represent and warrant that you are a legal adult, you are fully and legally competent to enter into a binding contract and to comply with all the Terms and Conditions stated herein. If you are under eighteen (18) years old, parent or guardian supervision is required and we shall have the right to refuse service, cancel orders or terminate your access to the platform. As and when Petrosains deems fit, the Petrosains Shop may also be opened to other categories of persons or entities.
Customer must be residents of Malaysia, permanent residents or expatriates, who are currently living in Malaysia.
You must have a valid email to register for an account for the Petrosains Shop required to be registered on the Site in order to submit an order.
You shall not misuse the Site by creating multiple accounts.
You shall provide and maintain true, accurate, current and complete information as reasonably required when registering for Petrosains Shop and updating. We may refuse a registration without assigning any reasons for such refusal.
By registering into the Site, you will be deemed to have read, understood and agreed to be bound by these Terms and Conditions as may be modified from time to time. We reserve the exclusive rights to change and/or amend, delete or add on these Terms and Conditions without prior notice to you and you agree to be bound by such amendment(s).
You are solely responsible for maintaining the confidentiality of the account details to any other person. You are responsible for the use of your account, whether or not authorised by yourself.
Petrosains may terminate an account without notice and for any reason, including if you fail to comply with these Terms and Conditions.
If you do not register for an account, you may proceed to order from the Site as a guest and subject to the same Terms and Conditions.
We shall validate and verify your order upon receiving it in our system. We will reject, refuse and/or not accept orders in the event of following reasons:
i. if the product(s) you ordered is unavailable (out of stock; size, colour or design unavailable);
ii. the description of the product or its price is incorrect;
iii. your payment instruction is denied by your bank/credit card/internet banking provider;
iv. we believe that the transaction that you have made is void (refer to Voidable Transactions herein); or
v. your personal information is false or incorrect.
If Petrosains Shop cancels an order and you have already made payment for your order, the payment amount will be fully refunded to you through method determined by Petrosains Shop.
We will not be liable to you or any other third party by reason of our withdrawing any product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an order.
SALE OF CONTRACT
The order for purchase that you have made constitutes an offer which is subject to these Terms and Conditions. We reserve the right to accept or reject your offer at any time for whatever reason. After placing your order, we shall send you an acknowledgement receipt of your order. We shall accept your order and the product will be delivered to the address you have provided upon verification of your order by us. A contract is formed when the product is duly delivered and accepted by you by signing the waybill.
The prices of the products are shown on the platform and the prices may change from time to time without prior notice. The final price that you shall pay is the price that is displayed on the platform. If the price shown or displayed is incorrect, please notify us and we will contact you for further instructions.
All prices are in Malaysian Ringgit and inclusive of any applicable tax currently in force in Malaysia, including Sales and Services Tax (“SST”).
You must make payment using the payment method options given at the checkout page. The available mode of payment is via credit cards, debit card and internet banking only. Please note that there may be additional terms and conditions imposed by the issuing banks/financial institutions or any corporations for mode of payment via credit card, debit card and internet banking.
You are responsible to ensure that you comply with the said terms and conditions. You are deemed to be the rightful owner of the bank account, credit card, debit card and internet banking account and legally competent to use such payment method.
When you make payments via credit card or debit card please keep the payment receipts with you as evidence of payments.
We shall reject your order if a credit card or debit card is rejected or declined for any reason.
We accept all MasterCard, Visa and American Express credit cards. Please be noted that additional charges may be incurred by your issuer banks/financial institutions. Kindly refer to your banks/financial institutions for further information.
All MasterCard, Visa, MyDebit debit cards issued by local banks/financial institutions are accepted. Please refer to your issuing bank/financial institutions for further information on additional terms if any.
We take great effort in ensuring the security of your online transactions.
Our website is a trusted VeriSign secure site, which is an independent, industry-recognized system that allows you to validate the ownership and security of any website.
By using the VeriSign SSL digital certificate, all sensitive data you send through, e.g. your name, address, and credit card number, are encrypted and converted into code before being securely transmitted over the Internet.
In simple terms, your personal information is constantly protected from interception and misuse by unwanted parties whenever you perform a transaction on our website.
(ii) 3-D Secure
Provided free by your bank, 3-D Secure provides additional protection and security whenever you use your credit card for Internet purchases.
The service involves a simple verification process using a personal message and password during checkout. The personal message ensures that you are dealing directly with your bank and not a ‘phishing' site, while your password will help confirm your identity.
If you have not enrolled for 3-D Secure, you will be required to log on to your respective bank's website to register before you can complete your online booking.
You need to sign up and register internet banking with banks/financial institutions that provide internet banking service for your bank accounts. Your banks/financial institutions may charge additional fees for this mode of payment. Please refer to their terms and conditions before making a purchase.
You are advised to examine all delivered orders upon receipt. If you find that the order faulty/damaged, you are requested to contact us (details of which are made available at Petrosains website) within fourteen (14) days from receipt date. Any disputes after fourteen (14) days will not be entertained.
If we authorise a return of the damaged or defective order, we will inform you and instructions for sending the returned item to Petrosains.
Damaged/defective order must be returned securely packaged and wrapped. We will not be responsible for the delivery cost of any returned order. After receiving the damaged or defective order, we will examine and test the defective item in accordance to your complaint. If the defect as described by you is found valid, we will deliver to you a replacement of same item(s).
However, if we are not be able to provide a replacement of the returned item for any reason, for purchase customer within Malaysia we will provide store credit to you that can be used for subsequent purchase at Petrosains SHOP . For purchase customer outside Malaysia we will provide refund within fourteen (14) working days. Once we issue your refund, it may take additional time for your funds to be made available in your account by your financial institution.
RETURN AND REFUND POLICY
Return and refund is only applicable to faulty or defective products only (Please refer to Faulty Products for further information).
We shall only deliver the products to you upon receiving full payment from you. Please refer to Payment Terms for further information. The products will be delivered to you at the address specified by you in your order. Delivery charges shall be applicable for all delivery and order transaction based on charges including duties and taxes set by delivery services to your specified address in your order at the point of check out to all states in West Malaysia (Peninsular Malaysia), East Malaysia (Sabah and Sarawak) and for International delivery.
For all modes of payment, products are delivered to you within (7) seven working days for West Malaysia, within (14) days for East Malaysia and within (21) working days for International purchase customers, unless otherwise informed on the respective products’ details. We shall notify you if we are unable to meet these timelines.
If your address is in an area which is not reachable by our courier service provider(s), you will have to collect the product at a place as informed by our courier service provider(s) or its call centre.
You will become the owner of the products that you have ordered when they are delivered to you and we have received payment. Ownership and risk of the products will be transferred to you upon full payment received by us. Thereafter you shall be responsible for the products risks of loss, damage or defects. In the event that the product has been delivered to you but we have not received full payment from you, we are entitled to demand at any time, delivery of the products from you and reserve our legal and equitable rights to seek remedy for damages, losses and expenses against you.
We reserve the right to cancel your order, stop delivery or reclaim the product that has been delivered to you, if we believe that you have committed fraud, impersonate another person to purchase products, use another person’s account and banking account to make payments, breach any terms mentioned herein or fail to comply with any terms and conditions published on the platform. If you fail to return the products upon demand or settle payments upon demand, we reserve the right to take legal action against you.
For any inquiries please email us to firstname.lastname@example.org
PRODUCT DESCRIPTION AND WARRANTIES
All products’ descriptions, information, images and materials posted on the platform are provided “as is” and without express and implied warranties. The actual product you received may vary from shown the platform due to redesign, repacking of the product or limitation of broadcast, screen or monitor quality.
We disclaim any liabilities from any product warranties, product claims and fitness for purpose that are stated on or provided by the products, their manufacturers, suppliers and merchandisers.
We do not make any express or implied warranties, representations or endorsements on the product’s quality, fit for purpose, product’s merchantability and suitability including the product’s free gifts (if any), and we disclaims any liability for such warranties, representations or endorsements made on the products.
If you are dissatisfied with the product(s), you agree that your sole and exclusive remedy is to discontinue using the product(s).
We take reasonable care that the products’ model, design, quality or composition is as presented on our broadcast as well as on the platform and the that the products are delivered in accordance with the general description under which the products are sold. All information or claims regarding the product that is presented and broadcast is as provided by the supplier/manufacturer. We disclaim any liabilities for any inaccuracy or error of such information or person acting in reliance or refraining from acting in reliance on such inaccurate or incorrect information.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own and retain all proprietary rights in the platform. All registered or unregistered trademarks used on the platform are the property of their respective owners. The platform contains certain copyrighted material, including links and compilations of individual data, trademarks and service marks and other proprietary information of Petrosains and our licensors. Except as provided within these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, license, decompile, reverse engineering or otherwise use any content, material, software, applications or programs used in connection with the platform. Further, you agree not to modify, alter or deface any of the trademarks or other intellectual property made available through the platform not use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to you through the platform. All intellectual property rights are protected by international treaties and applicable intellectual property laws in Malaysia.
Other marks, logos and names appear on the platform and/or the product(s) may owned by third parties. You are responsible to ensure that their intellectual property rights are not infringed. You will indemnify us against any loss or damage arising out of a third-party claim which arises from such intellectual property rights infringement.
LIABILITY AND INDEMNITY
We are not liable for any claims including third parties’ for direct, indirect, consequential, punitive or incidental (including but not limited to loss of profits, loss of revenue, loss of goodwill, loss of privacy, loss of reputation or loss of data arising out of or from use, inability to use, performance or failure of the platform), that arise out or relating to any products sold by us, regardless such damages are foreseeable or arise in contract, tort, equity, statute or common law.
You agree to defend, indemnify and hold Petrosains, its subsidiaries, participating companies and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection (a) your violation of the Terms and Conditions, or (b) use of the platform or any of the services, or (c) placement, posting or transmission of any message, information, software or other content on the platform.
We shall not be liable for any damages or claims whatsoever, relating to:
- any allergies, health, medical condition suffered by you arising from unsuitable use or improper use of the products;
- any defect or malfunction of the products due to or arising from defective installation or commissioning by you or third parties, negligent or improper handling of the products, their operating materials and spare parts by your or third parties; misuse, alteration or improper repair of the products by you or third parties; willful damage, excessive load, unsuitable operating materials or replacement materials;
- any death or personal injury due to negligent or improper handling of the products, due to misuse, abuse, alteration or improper repair of the products, due to defective installation or commissioning of the products;
- failure to follow proper instructions/ operating manual of the products; or
- product defect or failure due to normal wear, product misuse, abuse, product modification, improper product selection or misappropriation by you or third parties.
in which case, you shall indemnify us against any claims, demands or actions by third parties directly or indirectly arising out of or due to such events.
Unless it is stated otherwise in these Terms and Conditions, we do not limit our liability that cannot be excluded under applicable laws for consumer, sale of goods and contract; or for death or personal injury arising from our negligence and fraudulent misrepresentation. Our total liability to you or any third party in any claim or cause of action is the amount that you paid to us to purchase the product(s).
Our total liability to you or any third party in any claim or cause of action is the amount that you paid to us to purchase the product(s).
We are committed in protecting your personal information in accordance with all applicable laws, rules and regulations currently in force. This applies to the collection, storage, use, disclosure, protection and accuracy of your personal information collected by and under the reasonable controlled of us. By participating in the platform, you agree that any information provided by customers may be used by, and shared between Petrosains and its affiliates or courier service provider where necessary to operate the platform in order to provide you with services relating to the platform, to communicate with you, to promote offers to you relating to the platform, to fulfill your requests including confirmation orders and for identification purposes. From time to time, we may ask for additional information, to help improve our services to you, to follow up with you for feedback or to help prevent abuse of the platform. Also, you agree that upon notification we may collect other information about you through its database and any information may be used by us to analyse your activity on the platform. Subject to you consent, we may also use that information for marketing purposes including planning, product development, telemarketing promotions, surveys or research and other carefully screened marketing programmes or activities, which we believe are likely to interest you.
We make no warranty that Petrosains or that the broadcasting of Petrosains or that any content accessible on or through on the platform will be of satisfactory quality, meet your requirements, accurate, timely, uninterrupted or error free, are true, accurate, or are free of viruses or other harmful components. We do not guarantee that the results that may be obtained from the use of, including any support services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the platform (either directly or through third-party networks) at all times or at locations of your choosing. Nor oral or written information or advice given by our representatives shall create a warranty.
We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights.
We shall not be liable for any failure to perform our obligations where such failure is caused by occurrences beyond our control and without the fault, omission or negligence on our part, including but not limited to government’s directive, order or intervention, acts of God, war, rebellion, strikes, lockout or labour disputes, plagues, epidemic, pandemic, sabotage or riots, floods, fire, explosion, earthquake or other natural disasters or catastrophes.
If any provision of these Terms and Conditions are held invalid, the remainder will continue in full force and effect, and if any provision(s) is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by us in writing.
The Terms and Conditions are governed by the laws of Malaysia, without reference to conflict of laws principles. Any dispute regarding the Terms and Conditions will be subject to the exclusive jurisdiction of the courts located in Malaysia and you expressly waive all defenses to jurisdiction. You agree that for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by us in and from Malaysia.