Terms & Conditions
- USE OF THE WEBSITE AND/OR SERVICES
2.1 Content provided on this Website is solely for informational purposes. Product representations expressed on this Website are those of the vendor and are not made by us.
2.3 Certain services and related features that may be made available on the Website may require registration. Should you register for any such services or related features, you agree to provide information about yourself that is current and accurate, and to update such information immediately if there are any changes. Users of the Website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such. Furthermore, any unauthorized use of your account must be reported to us. Masimjaya shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any prior notice or reason, modify, upgrade, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services and shall not be liable if any such modification, upgrade, suspension or removal prevents you from accessing the Website or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(b) restrict or prevent access of any unauthorised user to the Website and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, regulation or statute to the appropriate authorities and to co-operate with such authorities; and/or
(d) request any data and information from you in connection with your access and use of the Website and/or Services at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided misleading, inaccurate or fraudulent information and/or data.
- TRADEMARKS AND COPYRIGHTS
3.1 All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, third party intellectual property owners. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
3.2 No part or parts of the Website may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners.
3.3 Any party accessing the Website shall not claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
3.4 For your convenience, we may include hyperlinks to other websites or content, including but not limited to catalogue on the Website that are owned or operated by third parties. The use of these websites or content is licensed to you by the third parties that own such websites or content, not by Masimjaya.
4.1 For your convenience, we may include hyperlinks to other websites or content on the Website that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
- OUR LIMITATION OF RESPONSIBILITY AND LIABILITY
5.1 The Website and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Masimjaya of any kind either expressed, statutory or implied with respect to the Website and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information available and contained in the Website and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Masimjaya does not warrant that the Website and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Website and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Masimjaya and all of its respective employees, officers, directors and contractors shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising indirectly or directly in connection with:
(a) reliance on any data or information made available through theWebsite and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(b) any access, use and/or inability to use the Website or the Services;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Website, even if we or our officers or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of error, damage, misunderstanding, expense or losses resulting or arised from the use of the Website and/or Services is entirely at your own risk and we shall not be liable therefore.
- APPLICABLE LAW AND JURISDICTION
7.2 Notwithstanding the foregoing, Masimjaya reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
"Buyer" means the person who purchases Goods on the Website;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when Masimjaya accepted the order placed by Buyer on the Website for the purchase of Goods sold by Masimjaya;
"Goods" means the goods made available for sale on the Website.
“Masimjaya” means Masimjaya Sdn. Bhd. (Company No.:1145117X), a company incorporated in Malaysia and having its registered address at No.40, Jalan 3/12, Taman Kinrara, Seksyen 3, Batu 8, Jalan Puchong, Puchong Selangor, 47100, Malaysia;
“Masimjaya Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Website and/or the Services;
“Website” means the masimjaya.com website;
“Services” means the use of any services, information and functions made available by Masimjaya at the Website;
"Writing" means email.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
- Basis of the Contract
2.1 Where the Buyer has placed an order on the Website for the purchase of Goods sold by Masimjaya and Masimjaya has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Masimjaya.
2.2 Any information made available on the Website 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 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.
2.3 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Masimjaya in its website shall be subject to correction without any liability on the part of Masimjaya.
- Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Website and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Masimjaya’s acceptance in their sole discretion and each order accepted by Masimjaya shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Website. Masimjaya shall be entitled (but not obliged) to process such orders without further consent from the Buyer.
3.2 Buyer may request to cancel the order placed before payment is made to Masimjaya. The order placed cannot be cancelled after relevant payment is received by Masimjaya.
3.3 Order acceptance and completion of the Contract between the Buyer and Masimjaya will only be completed upon Masimjaya issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, prior to issue of the confirmation of dispatch, Masimjaya shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer. Masimjaya shall furthermore be entitled to require the Buyer to furnish Masimjaya with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.4 No concluded or finalised Contract may be cancelled or modified by the Buyer except with prior written consent from Masimjaya and on terms that the Buyer shall indemnify Masimjaya 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 Masimjaya as a result of the cancellation or modification, as the case may be.
4.1 The price of the Goods shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website. The price excludes delivery charges and any applicable sales and services tax which the Buyer shall be liable to pay to Masimjaya in addition to the price.
4.2 In the event that a Goods has been mispriced on the Website, Masimjaya reserves the right to terminate the Contract, in which Masimjaya shall notify the Buyer of such cancellation. Masimjaya 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.
- Terms of Payment
5.2 The Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Masimjaya account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia.
5.3 Masimjaya shall be under no liability for any loss or damages to Buyer arising from payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased.
- Delivery of Goods
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order. Masimjaya shall be under no liability for any loss or damages to Buyer arising from shipping information entered by Buyer.
6.2 Masimjaya has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Delays may occur because any dates quoted for the delivery of the Goods are only approximation. The time for delivery/performance shall not be of the essence, and Masimjaya shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Masimjaya's fault) then without prejudice to any other right or remedy available to Masimjaya, Masimjaya may:
6.4.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.4.2 terminate the Contract and claim damages.
- Return and Replacement of Goods
7.2 Buyer shall ensure that the defective and/or damaged purchased Goods is returned to Masimjaya within 5 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.
7.3 Questions and complaints with regards to returns
7.3.2 In the event that Buyer is unable to resolve any dispute with Masimjaya directly through amicable negotiations, Masimjaya reserves the right to suggest and implement an appropriate resolution at its sole discretion.
- Risk and property of the Goods
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 Masimjaya has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Masimjaya has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Masimjaya to the Buyer for which payment is then due.
8.3 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), Masimjaya shall be entitled at any time to demand the Buyer to deliver up the Goods to Masimjaya and in the event of non-compliance Masimjaya reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.4 If the provisions in this Clause 8 of these 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.
8.5 The Buyer shall indemnify Masimjaya against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Masimjaya's rights under this condition.
9.1 Masimjaya may 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, without prejudice to any other right of termination elsewhere in these Conditions, after the occurrence of any of the following events:
9.1.1 the Goods under the Contract being unavailable for any reason; and/or
9.1.2 the Goods under the Contract has been mispriced on the Website.
- Warranties and Remedies
10.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
10.2 Subject to this Clause 10 of these Conditions, Masimjaya warrants that the Goods will be free from material manufacturing defect(s) at the time of delivery, and agrees to remedy any material manufacturing defect(s) therein for a period corresponding to the Goods’ manufacturing warranty period commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Masimjaya further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 Masimjaya’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 No condition is made or to be implied nor is any warranty given or to be implied that they will be suitable for any particular purpose or as to the life or wear of the Goods supplied or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Masimjaya.
10.3.2 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.
10.3.3 Masimjaya binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special, particular, certain or unusual description shall have been given or shall be implied by law. Any such special, particular, certain or unusual description shall be taken only as the expression of Masimjaya's opinion in that behalf. Masimjaya does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 Masimjaya shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: alteration of the Goods without the prior agreement of Masimjaya, improper remedy of defects, addition and insertion of parts, in particular or especially of spare parts which do not come from Masimjaya.
10.3.5 Masimjaya shall be under no liability in respect of any defect(s) 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 Masimjaya's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Masimjaya's approval.
10.3.6 Masimjaya 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 Masimjaya’s prior written approval and the Buyer shall indemnify Masimjaya against each loss liability and cost arising out of such claims.
10.3.7 Masimjaya 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.
10.3.8 Masimjaya shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods, Buyer may apply to return the defective and/or damaged Goods to Masimjaya in exchange for a replacement in accordance with Clause 7 of these Conditions above.
10.5 When Masimjaya has provided replacement Goods, the non-conforming Goods or parts thereof shall become property of Masimjaya.
The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for defects in the Goods and Masimjaya’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.
11.1 In no event shall Masimjaya be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Masimjaya had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for defects in the Goods and Masimjaya’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.
11.3 Notwithstanding any other provision of these Conditions, Masimjaya’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Masimjaya under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against Masimjaya later than 1 week after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, within the Warranty Period.
12.1 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.2 Masimjaya shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Website's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Masimjaya’s reasonable control.
12.4 Masimjaya’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions. Further, no waiver by Masimjaya of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.5 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
12.6 No person who is not a party to the Contract (including any employee, officer or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.4 of these Conditions.
12.7 The Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia and The Contract shall be governed by the laws of Malaysia, as provided for in Clause 12.8 below.
12.8 Any actions brought against Masimjaya for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur, Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.9 Notwithstanding Clause 12.8 above, Masimjaya shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.10 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.11 Masimjaya may, through the Website or by such other method of notification as Masimjaya may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Masimjaya specifies through the above means. If Buyer uses the Website after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Website and terminate these Terms & Conditions of Sale.
12.12 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Masimjaya’s part shall be subject to correction without any liability on Masimjaya’s part.
12.13 These Conditions shall constitute the entire agreement between Buyer and Masimjaya relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.14 Masimjaya reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Masimjaya deems appropriate.
12.15 Masimjaya reserves all rights not expressly granted herein.