1. PURPOSE

The terms and conditions herein (“Terms and Conditions”) is the contract or agreement that defines the rights, duties, and responsibilities of ShopDirect.my and a customer in relation to the sale and purchase of any product from ShopDirect.my. By registering an account or placing an order with ShopDirect.my or using any facilities made available by ShopDirect.my in relation to the purchase of any product from ShopDirect.my, Customers are deemed to have read and accepted and agreed to be bound by these Terms and Conditions.

The Terms and Conditions herein shall be read with all the information made available to a customer when placing and confirming an order including without limitation: a) The Privacy Policy on the use of personal information; and b) The Terms and Conditions; and c) Such other information as may be provided to a customer by ShopDirect.my, save that in the event of any conflict, these Terms and Conditions herein shall apply.

In relation to placing orders and purchasing from ShopDirect.my, customers via ShopDirect.my for further information including without limitation on how to order, payment methods, delivery, and/or returns/refunds. Customers are advised to also read these Terms and Conditions and Privacy Policy before any purchase of a product. These Terms and Conditions and Privacy Policy are available online on ShopDirect.my. ShopDirect.my shall be entitled to also provide a copy of these Terms and Conditions and the Privacy Policy or such other relevant documents in relation to the sale and purchase of the products to customers together with the delivery of a product.

ShopDirect.my reserves the right, to change, modify, add, or remove portions of these Terms and Conditions and the information provided to a customer at any time. Changes will be effective after they are posted on ShopDirect.my or notified by ShopDirect.my. The continued purchase of products from ShopDirect.my following such changes to these Terms and Conditions constitutes the customer’s acceptance of those changes.

Definitions:
“Account” means a one-time registration account created for a customer by ShopDirect.my containing the information of the customer including without limitation name, address, telephone number, and/or such other information as may be requested by ShopDirect.my for purposes of registration.

“ShopDirect.my” operates by Caltec Expert Sdn. Bhd. (Company Number 1147777-V) a company incorporated in Malaysia and having its registered address at No.12-2, 2nd Floor, Block B, Lorong Plaza Kingfisher 4, Plaza Kingfisher, 88450 Kota Kinabalu, Sabah, Malaysia.

“Business Day (s)” means a day (s) on which commercial banks are open for business in Sabah (other than Saturdays, Sundays and public holidays);

“Business Partners” means the business partners of ShopDirect.my whose products and/or services are featured, advertised, promoted or offered for sale on ShopDirect.my including without limitation suppliers, vendors, sellers, merchants and other third parties.

“Customer/Customers” means the person who places an order and purchases a product from either ShopDirect.my or any Business Partners.

“Order” or “Orders” means any order submitted or placed by a customer to ShopDirect.my to purchase a product from either ShopDirect.my or a Business Partner (where applicable).

“Product/Products” means any products/merchandise/services/offers/display items that are advertised, promoted, featured, uploaded, showcased, displayed, broadcasted.

“Terms and Conditions” means the terms and conditions as detailed herein including all schedules, appendices, annexures, and will include the references as amended, negated, supplemented, varied or replaced from time to time.

2.    REGISTRATION, ORDER ACCEPTANCE AND PRICING

2.1    Prior to placing the first order from ShopDirect.my, a customer must carry out a one-time registration and creation of a new account by either: (a) carry out a one-time registration and creation of a new account online on ShopDirect.my OR (b) via such other methods of registration which creates a new account as shall be determined by ShopDirect.my at its absolute discretion from time to time. The customer shall comply with these Terms and Conditions provided in relation to the registration of the account and use of ShopDirect.my.

2.2    To register, a customer must be 18 years and above at the time of registration and have a designated local address in Malaysia. A customer must provide the all relevant information required by ShopDirect.my for the purposes of registration of the account. For registration on ShopDirect.my, a customer must provide the information required in the registration form on ShopDirect.my, and a unique [and valid] e-mail address and password upon completing the account registration process. Customers are responsible for maintaining the confidentiality of the password and e-mail address, and are fully responsible for all activities that occur under such password or e-mail address whether or not actually or expressly authorized and/or used by the customer. Customers agree to immediately notify ShopDirect.my if any authorised third party has that password or if there is any unauthorized use of the customer’s email address or any breach of security known to the customer.

2.3 Upon registration as per the manner above, the customer’s account will be created. Customers only need to register an account once. For subsequent orders, customers will only need to go through ShopDirect.my’s verification process. Subject to the terms contained herein, ShopDirect.my reserves the right to decline a new account or to cancel an existing account at any time at its sole discretion. ShopDirect.my reserves the right to terminate any dormant account that has not been used for a period of six (6) months or longer.

2.4    Customers agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If customers provide any information that is untrue, inaccurate, not current, or incomplete, or if ShopDirect.my suspects that such information is untrue, inaccurate, not current or incomplete, ShopDirect.my has the right to suspend or terminate the account.

2.5    The account is not transferable and may not be assigned to any third party. Customers agree to (i) notify ShopDirect.my immediately of any unauthorized use or any other breach of security, and/or (ii) ensure that customers properly exit from the account at the end of each session on ShopDirect.my. ShopDirect.my cannot and will not be liable for any loss or damage arising from customers’ failure to comply with this provision.

2.6    Customers may terminate and close the account by e-mailing ShopDirect.my at the email address specified from the e-mail address provided by customers at the time customers opened the account and created customers’ e-mail addresses. Customers’ e-mail must specify customers’ e-mail address, and expressly state that customers wish to terminate the account. Alternatively, customers may call our office number and obtain the assistance to terminate and close the account.

2.7    Subject to the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 (Act 500) (as amended or replaced from time to time), the customer shall have the right to rescind the contract (including the account) with ShopDirect.my before the expiry of the cooling-off period of ten (10) Business days from the date of successful registration of the account. For the avoidance of doubt, should the customer place an order successfully with ShopDirect.my and requires for delivery of the product ordered from ShopDirect.my before the expiry of the said cooling period, then such order shall constitute the notice from the customer to ShopDirect.my to waive his/her right to rescind the contract (including the account).

2.8    General Terms of Ordering

a)    To place an order with ShopDirect.my, a customer must complete the registration process stated in this Section 2 prior to the time of placing such order, failing which ShopDirect.my has the right to accept, refuse, cancel or reject any order placed.

b) Any order placed by a customer shall include the following information:
•    Product name and specifics (color, size, etc.).
•    Payment method and details.
•    Delivery address.

c)    A customer’s successful order will be confirmed to the customer via electronic mail confirmation containing a summary of the order details and/or such other method that ShopDirect.my shall decide from time to time without notice.

d)    ShopDirect.my reserves the right to accept, refuse, cancel, or reject any order from any customer or any person at any time or under any circumstances including where an order cannot be processed for various reasons. Customers may be asked to provide additional verifications or information before an order is accepted.

e)    Notwithstanding the aforesaid, non-acceptance of an order by ShopDirect.my may be a result of, without limitation any one of the following:
•    The product that customers have ordered is unavailable or out of stock;
•    ShopDirect.my is unable to obtain authorization for customers’ payment;
•    The identification of a pricing or product description error;
•    If there is false, omitted, erroneous information in customer registration of the customer’s account;
•    If a customer is found to be under the age of 18 years;
•    If ShopDirect.my believes that it is not technically able to fulfill the order (including delivery).

f)    Any changes or cancellation by a customer of any order shall be notified to ShopDirect.my provided that any order that has been paid, delivered or pending delivery may not be cancelled but instead, the product must be returned in accordance with Section 6 on EXCHANGE/RETURNS/REFUNDS/CANCELLATION herein.

g)    All prices stated on ShopDirect.my shall be the price of products and ShopDirect.my shall have the absolute discretion to determine the price of the products at any time including without limitation any promotional prices. All prices, unless indicated otherwise are in Ringgit Malaysia and ShopDirect.my reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. Prices shall be subject to changes as may be determined by ShopDirect.my from time to time without notice.

h)    The price for the products includes relevant goods and services tax unless otherwise determined by ShopDirect.my. ShopDirect.my shall be entitled to charge delivery and installation charges. ShopDirect.my is determined to provide the most accurate pricing information but in some cases errors may occur, such as in cases when the price of an item is not displayed correctly. In the event that an item is mispriced, ShopDirect.my may, at its own discretion, either inform and contact customers for instructions or cancel an order.

3. PRODUCTS DESCRIPTION AND AVAILABILITY

a)    Customers acknowledge that all images, photographs, or videos of the products presented, showcased, displayed, broadcasted and made available on ShopDirect.my are for illustrative purposes only subject to the provisions on warranties in Section 7 below. ShopDirect.my will attempt to ensure that all description of the products shown are as accurate as possible. Although ShopDirect.my has taken reasonable care to present the description of the products accurately, the actual products delivered may vary slightly from those shown on ShopDirect.my due to reasons including without limitation any broadcast quality, packaging, redesign and improvements.

b)    The availability of the products presented on ShopDirect.my depends on the availability of stock and ShopDirect.my does not guarantee the availability of the products. In order to ensure that Products are available to customers, ShopDirect.my has the right to set maximum limits in advance for the purchase of individual items by a single customer. If the products requested by the customer are unavailable or out of stock, ShopDirect.my shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, ShopDirect.my shall not be held liable in any manner whatsoever to the customer. ShopDirect.my shall also be entitled to carry out special promotions that offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by ShopDirect.my.

4. TERMS OF PAYMENT

a)    ShopDirect.my reserves the right to set the rules and policies regarding the payment methods and to make the necessary changes from time to time. Unless otherwise specified, the payment for products purchased by any customer may be made via any of the following methods (collectively “Payment Methods”):
i)    Credit Card and/or Debit Card (“Card(s)”)
ShopDirect.my accepts all types of Cards such as Visa, MasterCard and/or American Express Cards issued in Malaysia save that ShopDirect.my is entitled to reject, revise or refuse the acceptance of any such Cards at its absolute discretion or to revise the types of Cards to be accepted without assigning any reasons or notice. However, no payments will be processed for a non-card holder and customers shall comply with such terms and conditions as may be imposed by the issuing financial institution or bank. If a Card payment is rejected or declined for any reason, ShopDirect.my reserves its rights under the Terms and Conditions to reject the relevant order either in whole or in part.

ShopDirect.my shall be entitled at its discretion to revise, add or change the Payment Methods at any time and from time to time.

b)    All successful payments made by a Customer via Cards or EPP will be confirmed and notified by ShopDirect.my upon purchase by a customer for an order. In addition, an email confirmation together with a sales invoice which also serves as a receipt of payment will be sent to the customer’s email. A copy of the said sales invoice will also be provided to the customer upon delivery of the product save that ShopDirect.my shall be entitled to revise, change or amend this provision at its absolute discretion without notice.

c)    In the event ShopDirect.my shall discover any fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with any payment made by any customer in relation to any product then ShopDirect.my shall be entitled to without limitation to any rights of ShopDirect.my herein, require a different means of payment from the customer, or to refuse, cancel or reject an order and/or close a Customer’s Account.

5. DELIVERY

a)    ShopDirect.my is entitled at its sole discretion at any time from time to time to appoint any third party (“Delivery Provider” which definition may include a Business Partner or its authorized personnel) to deliver a product to a customer without giving notice of the same to the customer. For certain products that require installation, the installation of the product will be` carried out upon delivery. Customers are advised to call the office number and speak to a Customer Service on products that require installation if any.

b)    The customer shall notify Customer Service if he/she intends to authorize a third party to receive delivery of the product ordered and shall if requested by ShopDirect.my or the Delivery Provider, provide an authorization letter to ShopDirect.my or the Delivery Provider at the point of delivery for identification and verification purposes.

c)    Subject to the terms herein, delivery of the products shall only be available to designated areas in Malaysia (which may be revised from time to time by ShopDirect.my at its discretion) (“Designated delivery areas”) and to the address specified by the customer in an order, provided that such address falls within the designated delivery areas. Customers are advised to check at the point of placing an order on the designated delivery areas and ShopDirect.my shall be entitled to reject any delivery which is not within the designated delivery areas.

d)    The delivery hours are from 9:00 am to 6:00 pm on a Business Day (“Delivery Hours”) subject to any revision as shall be determined by ShopDirect.my. Any request for deliveries after the Delivery Hours is subject to the discretion of ShopDirect.my and additional charges may apply. Customers are advised to call ShopDirect.my’s office number if he/she wishes to request a specific delivery date and time at the time of placing an order subject to the availability of the Delivery Provider.

e)    Subject to the terms herein, any order placed before 3:00 pm on a Business Day will be subject to the following delivery periods (which may be revised by ShopDirect.my at any time from time to time at its discretion):
i)    For deliveries within city areas in East Malaysia, products will be delivered between 2 to 5 Business days.
ii)    For deliveries to and within city areas in Peninsular Malaysia, products will be delivered within 3 to 7 Business days.
iii)    For deliveries to and within areas outside city areas nationwide, products will be delivered between 3 to 8 Business Days.

Orders made after 3:00 pm shall be considered as orders which are placed on the following Business Day. Notwithstanding the above, delivery periods may vary for products that consist of bulky items and/or that which require installation. Customers are advised to call the office number and speak to a Customer Service for further details.

f)    ShopDirect.my will inform the customer if it is unable to meet an estimated delivery date or time. In the event a customer is not present at the address upon delivery then attempts will be made to fulfill the delivery and the customer shall inform ShopDirect.my to re-schedule the delivery. If the customer fails to take delivery of any product after the third attempt for delivery for any reason (otherwise than by reason of any cause beyond the customer’s reasonable control or by reason of ShopDirect.my’s fault) then without prejudice to any other right or remedy available to ShopDirect.my, ShopDirect.my may cancel the order and refund any payment made by Customer back to the customer. If the customer requests for additional delivery attempts thereafter, customer shall liaise with the Delivery Provider directly.

g)    Risk of damage to or loss of the Products shall pass to the customer at the time of delivery or if the customer wrongfully fails to take delivery of the Products at the time when ShopDirect.my or the Delivery Provider has tendered delivery of the products. Notwithstanding delivery and the passing of risk in the products, the property and ownership in the Products shall not pass to the customer until ShopDirect.my has received payment in full of the price of the products in an order. To the extent permitted by law, ShopDirect.my shall not be liable to any customer for any losses, liabilities, costs, damages, charges and/or upon passing of risk to customers.

6. EXCHANGE/RETURNS/CANCELLATION/REFUNDS

EXCHANGES / RETURNS
a) All product exchanges and/or returns (including any repairs, damage, wrong delivered items), are subject to the following:-
i)    Subject to Section 6(a)(iii), customers can request for exchange or return of a product within TEN (10) calendar days (“Returns Period”) from the date of the customer’s receipt of the delivered product (“Date of Product Receipt”). Customers are advised to perform checks on the spot upon receipt of a product to ensure it is not damaged or defective. Requests for any returns and/or exchange during the Returns Period may be performed by calling ShopDirect.my and seek the assistance of the Customer Service. A customer’s request for exchange or return shall not exceed Three (3) times or no later than thirty (30) days from the first Date of Product Receipt, whichever is earlier, subject to the remaining terms in this Section 6 (a).

ii)    No exchanges and/or returns are allowed after the Returns Period save and except for defective products including repairs subject to the product warranty conditions and applicable laws. For the avoidance of doubt, a customer is not entitled to any exchange or returns after the expiry of the warranty period of the product subject to Section 6(a)(iii) below.

iii)    Notwithstanding anything to the contrary and unless decided otherwise by ShopDirect.my at its absolute discretion, requirements for exchanges or returns shall be subject to the following failing which no returns or exchanges shall be allowed:
•    All products (including any free gifts or free promotional items and warranty cards (if any) associated with the purchase) must be in their original packaging with all tags, accessories, sales invoice, and warranty card (if any) enclosed and where any seal is attached, such seal must not be broken.
•    Subject to product warranty conditions, digital items (such as Smart TVs, tablets, phones, photo printers, digital cameras) cannot be exchanged or returned if the original seal is broken OR if there is no seal and the original packaging is opened.
•    No product may be exchanged or returned if it is specified in the warranty card that no exchanges or returns are allowed.
•    All products must be cleared of any defects or damage to the reasonable satisfaction of ShopDirect.my and/or Business Partners and/or supplier/manufacturer of Product before any exchange or returns of Products are completed or accepted by ShopDirect.my.

ix)    ShopDirect.my shall be entitled to charge customers a collection cost which shall be paid by the customer to the Delivery Provider at the point of the collection during and after the Returns Period.

x)    For avoidance of doubt, ShopDirect.my shall have the absolute discretion to decide on what Products that may be exchanged or returned. Customers are advised to call ShopDirect.my’s office number to speak with the Customer Service on the full list of items.

xi)    During the Returns Period and subject to the terms contained herein, requests for exchange or returns are allowed for defective products within any valid warranty period. After the Returns Period and where warranty period for a product is still valid, the customer must engage directly with the supplier or manufacturer (at their service center stated in the warranty card) if the customer wishes to request and demand for any exchange or return. Where the service center of the supplier or manufacturer is not specified, then ShopDirect.my may, at its sole discretion, and at the request of the Customer, collect the Product free of charge from the customer and deliver the product back to the supplier or manufacturer on behalf of the customer. For avoidance of doubt, a customer is not entitled to any exchange or returns after the expiry of the warranty period of the Product.

CANCELLATION/REFUNDS
b)    Notwithstanding the terms of this Section 6(a) above, cancellation and refunds on returns requested for any product during the Returns Period shall subject to the following:
i)    Customers may cancel an order prior to the confirmed delivery of a product and request a refund if payment has been made (other than COD). Cancellation may be done by contacting any Customer Service. For the avoidance of doubt, once a product has been confirmed for delivery and/or delivered and received by a customer, the order cannot be cancelled.
ii) Requests for refunds and the process of refunds will be subject to the terms on exchange and returns in Section 6(a) above and refunds will be processed after the successful clearance of any defects or damage on the returned product to the reasonable satisfaction of ShopDirect.my. Customers may contact ShopDirect.my for full details of such a refund. Depending on the method of payment, refunds including the time frame of refunds are also subject to the terms imposed by the issuing bank.

c) For the avoidance of doubt, unless otherwise stated herein, no request for an exchange or returns or cancellations or refunds on a product may be made by customers after the Returns Period and the decision of ShopDirect.my with regards to this shall be final and binding.

7.    WARRANTIES

a)    ShopDirect.my will take reasonable steps to have all products screened and inspected by ShopDirect.my’s Business Partner who shall ensure that the products are of the standard, quality, composition, style, or model that they represent and as presented, displayed. ShopDirect.my does not take any responsibility for any inaccuracy or error in the presentation, display, and broadcasting of such information. ShopDirect.my binds itself only to exercise reasonable care when delivering the products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of ShopDirect.my’s opinion in that regard.

b)    Subject to Section 8 below, ShopDirect.my does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability or fitness for a particular purpose, in respect of any product sold to a customer (and/or any free gift or promotional items given in relation to any such product), the material, information and/or functions therein and expressly disclaims liability for all errors and omissions in such materials, information and/or functions.

8.    LIABILITY AND INDEMNITY

a)    To the full extent allowed by applicable law, the customer agrees that ShopDirect.my will not be liable to a customer/or any third party for any claims against ShopDirect.my for consequential or incidental loss and damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to any product sold (including free gifts or promotional items given in relation to any such Product) by ShopDirect.my.

b)    ShopDirect.my shall further be under no liability in respect of : a) any allergies or other health or medical condition suffered by a customer; and b) any defect to any product, arising from unsuitable or improper use, defective installation or commissioning by the customer or third parties, fair wear and tear, willful 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 instructions (whether oral or in writing) misuse or alteration or repair of the product, addition and insertion of parts, in particular of spare parts which do not come from ShopDirect.my without the approval of ShopDirect.my. In this connection, the customer shall indemnify ShopDirect.my against each loss liability and cost arising out of such claims.

c)    The Customer shall indemnify and hold harmless ShopDirect.my, its subsidiaries, and affiliates from any claim or demand, or actions made by any third party due to or arising out of the customer’s breach of these Terms and Conditions.

d) To the extent permitted by law, ShopDirect.my’s total liability to the customer or any third party in respect of any cause of action, shall in no circumstances exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the customer in respect of the relevant products.

e)    Nothing in this Terms and Conditions shall exclude or limit our liability for (i) fraud; (ii) any breach of the consumer guarantees relating to the supply of products and/or services which cannot be excluded or limited pursuant to the Consumer Protection Act 1999; and (iii) any other liability which cannot be excluded or limited under any applicable law.

9.    GENERAL TERMS

a)    ShopDirect.my shall have the right, in its sole discretion and without notice, to suspend or terminate the customer’s access to any Platforms if the customer breaches any of these Terms and Conditions and the Privacy Policy by giving fourteen (14) days’ written notice to the customer. Upon any termination of this agreement, the customer shall immediately cease all access to and use of ShopDirect.my and ShopDirect.my shall, in addition to any other legal or equitable remedies, immediately cancel the account and deny access to and use of the Platforms to the customer in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

b)    ShopDirect.my shall not be liable for any breach of its obligations under the Terms and Conditions where it is hindered or prevented from carrying out its obligations by any event of force majeure or cause outside its reasonable control, (or by any damage caused by any of such events).

c)    These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof.

d)    This Terms and Conditions shall be governed in all respects by the laws of Malaysia and the parties shall submit to the exclusive jurisdiction of the Malaysian courts.

e)    If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced.

f) Any communication or notice to ShopDirect.my should be in writing to ShopDirect.my’s address stated on ShopDirect.my’s invoice. All correspondence and notices by ShopDirect.my to the customer will be sent in writing to the most recent mailing address provided by the customer to ShopDirect.my upon registration or via email to the email address provided by the customer. Notices will be considered to be received upon hand delivery or upon the fifth business day after posting or upon receipt of the email.

Last update: 24 June 2020.

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