General terms and conditions
1.1 We are KhaiEL sdn. bhd. (hereinafter referred to as "we"), and we own and operate the website. Our website provides a convenient shopping mode through the Internet.
1.2 By using the website, you agree to be bound by the following terms and conditions. Please read the relevant terms and conditions carefully.
1.3 The meanings of certain terms used in the terms and conditions:
1.3.1 "We" is a reference to (the name or name of the person or company providing the service).
1.3.2 "You" refers to the person to whom we provide services or deliver goods and the person who is required to pay for the goods we deliver.
1.3.3 "Content" refers to all text, images, logos, icons, photos, images, mobile visual concrete images or sound combinations and images, sound effects, computer programs selected, shown or used on or related to our website And other materials.
1.3.4 "Commodity" refers to the goods or services that you order and will pay for through our website.
1.3.5 "Intellectual Property Rights" refers to any and all patents, trademarks, domain name rights, design rights, copyrights and database rights (regardless of whether they have been registered and registered applications for any of the foregoing or the right to apply for registration of any of the foregoing), confidentiality Data rights and all other intellectual property rights of similar or corresponding nature that currently or may exist anywhere in the world.
1.3.6 "Service" has the meaning given in Article 1.1.
1.3.7 "Suppliers" refer to the sellers and suppliers of the goods you ordered through our website.
1.3.8 "Website" means KhaiEL's website (https://www.khaiel.my) and any related websites linked to it.
1.3.9 "User Content" has the meaning given in Article 10.1.
2.1 You must register with us when using the service or making an order. By registering, it means that you declare (and we have the right to rely on relevant declarations accordingly) that you are 18 years of age or older and have the ability to form a legally binding contract.
2.2 You declare to us and all suppliers who provide goods through our website that all orders you make through our website will be carried out within the power of your contract.
2.3 In view of your use of our services, you agree to:
2.3.1 Provide true, accurate, up-to-date and complete information about you when filling in the registration form; and
2.3.2 Maintain and immediately update your registration information to ensure that the information is true, accurate, current and complete. If we have reasonable grounds to suspect that any information is false, inaccurate, not up-to-date or incomplete, we have the right to suspend or terminate your registration.
3.1 We are responsible for managing the website, arranging the order processing process and completing the provision of the goods you have ordered from us through our website.
3.2 When you place an order, it means that you purchase such goods from us at the specified price of the goods. Once you submit it, you cannot cancel the order, even if we have not accepted or rejected your order.
3.3 We will confirm by email that we have received your order. The confirmation email will provide:
3.3.1 Your order details,
3.3.2 Details of the price charged,
3.3.3 Your order follow-up information, and
3.3.4 Materials expected to be sent and delivered.
This communication will mean that we accept your order on behalf of the supplier. You can track your order status online.
3.4 Our acceptance of your order will only cover the goods specified in the confirmation, and may not cover all the goods you ordered. If this is the case, when we further issue an acceptance confirmation for the rest of your order, your order for that part of the order is accepted.
3.5 The inventory supply of the goods is displayed online and will be updated regularly by us. But it should not be relied on as an exact statement of whether the goods you intend to purchase are actually in stock.
3.6 We reserve the right to reject or cancel orders for any reason at our sole discretion, including but not limited to:
3.6.1 The goods you ordered do not have enough stock;
3.6.2 Failure to arrange delivery for your area; or
3.6.3 The marked price of one or more products you ordered is wrong due to human or computer errors or errors in the pricing information provided by the supplier.
3.7 If we cancel your order, we will notify you by email, and will deposit any amount deducted from your credit card into your account as soon as possible but in any case within thirty (30) days from your order . You accept that we do not need to make any compensation for your dissatisfaction.
4. Price and Payment
4.1 We will take all reasonable commercial efforts to display accurate and up-to-date prices on our website. We cannot list the exact prices before accepting your order.
4.2 If the price of the goods is higher than the price when you place the order when we intend to accept your order, we will
4.2.1 Cancel your order, or
4.2.2 Contact you to inquire whether you intend to pay a higher price or cancel your order.
4.3 If we cancel an order and you have made any payment, we will refund you. You agree and accept that we do not need to make any compensation for your dissatisfaction.
4.4 We accept Visa and Mastercard credit cards for payment. When you place an order, it means that you authorize us to pay with the credit card you specified for the amount of the goods when we accepted your order. The ownership of the goods will not be transferred to you before the payment is received.
4.5 We use third-party payment services to conduct online transactions. When you make an order, you agree and accept that, subject to its terms and conditions, your credit card information will be collected, processed and retained by us and the payment service provider. You agree and accept that you are solely and solely responsible for any losses incurred or incurred when you conduct credit card transactions, and we shall not be responsible for any related losses in whole or in part under any circumstances.
5.1 Except Public Holiday, we only deliver to certain areas in Malaysia from Monday to Friday. We currently do not deliver to remote areas and outlying islands. We reserve the right to refuse delivery at our sole discretion. You agree and accept that you will collect the ordered goods from our stores, and we will not accept cancellation of orders or refunds to you under any circumstances.
5.2 We will deliver the goods you ordered to the delivery address you provided through our staff or third-party suppliers. When you confirm receipt of the goods, you agree to present a photo ID upon request. When the goods are delivered to the delivery address you provided, the goods are deemed to have been delivered to you and received by you. If you fail to receive the goods for any reason, you agree and accept that we have the right to choose to charge you additional fees or cancel your order.
5.3 Unless otherwise specified, we will use all reasonable commercial efforts to deliver the goods within 24 hours of accepting your order. According to the pre-arrangement online, you may choose any optional delivery period when ordering.
5.4 We may deliver one time or several times, and some products may be delivered directly by the supplier. Any time and date of delivery of goods, or the time required for delivery is only an estimate. If we fail to meet any of the prescribed dispatch or delivery dates or times, we will notify you about the progress of your order. You agree and accept that we will not accept cancellation of orders or refunds to you under any circumstances.
5.5 When the goods you have purchased have been delivered to you, you will become the owner of the goods. When the goods have been delivered to you, you will bear the risk of holding the goods and we will not be responsible for their loss or damage.
6. Return or replacement
6.1 Unless otherwise specified, no return or replacement of goods will be accepted. Please read carefully the return or replacement policy prescribed by the supplier before ordering.
6.2 According to the return or replacement policy of individual suppliers, if the goods you ordered are faulty, defective or damaged (not your fault), or the goods are not what you ordered, or the quantity delivered is incorrect, you can check on the date of receipt Return or replacement within seven (7) days, provided that:
6.2.1 The return or replacement policy applies;
6.2.2 The goods are unused and are in the original state of sale, together with all parts and accessories provided with the goods, including manuals, certificates, labels, marks, consumables, bags and boxes;
6.2.3 The packaging of the product must be in the state when it was delivered to you
6.4 You agree and accept that whether to accept the replacement of goods depends on the availability of stock.
6.5 You agree and accept that it is the supplier's sole discretion whether to accept the return or replacement of the goods. Under no circumstances will we accept direct returns to us, or be responsible for any damages incurred by you for any reason.
7. Disclaimer and limitation of liability
7.1 We do not represent or guarantee that access to our website (including the use of mobile apps or software) or any part of it will be unobstructed, reliable or free of malfunctions.
7.2 We do not declare or guarantee to you that our website or any of its content will be accurate, complete or reliable.
7.3 We do not represent or guarantee:
7.3.1 Any service (whether provided by us or not) will be provided with due care and skill; or
7.3.2 Any merchandise (whether provided by us or not) will be of commercial quality or suitable for any purpose (although we have been notified of the purpose in advance).
7.4 You agree that no data transmission on the Internet can be guaranteed to be completely secure. Although we are committed to protecting this information, we do not guarantee and cannot ensure the security of the information you transmit to us. You transfer any data to us at your own risk.
7.5 To the extent permitted by law, we exclude all liability to you for the following reasons (whether in contract, infringement or other forms and whether due to our negligence):
7.5.1 Regarding our website (including the use of apps or software) or any information or related technical, factual, text or printing inaccuracies, errors or omissions;
7.5.2 Failure to provide our website (or any part of it), goods or services;
7.5.3 Any delay in providing, or failure to provide or make the goods or services available, or any negligent provision of goods or services;
7.5.4 Any product is not of commercial quality or suitable for its intended use; or
7.5.5 Any misrepresentation about our website, goods or services.
7.6 Except as required by law:
7.6.1 We will not be liable to you for any indirect or consequential loss, damage or expense, including any loss of profit, business or goodwill caused by any problems you notify us, and
7.6.2 We will not be liable to pay you any money in the form of compensation, unless otherwise specified in these terms and conditions.
7.7 You must abide by and comply with all applicable regulations and laws, including obtaining all customs, import or other permits required to purchase goods from our website. We do not make any statements or assume any responsibility for the export or import of the goods you buy.
7.8 You agree that these restrictions are reasonable in terms of the nature of our website, especially because when you purchase goods through our website, you will enter into an independent contract with the supplier each time.
7.9 The above exclusions will not affect any statutory rights that cannot be excluded. However, in this case, our liability (as permitted by law) will be limited to the provision of services or goods to you.
7.10 The above exclusions or restrictions should be interpreted as separate and divisible provisions in these terms and conditions.
8.1 You declare, guarantee and promise that you will not:
8.1.1 Use our website for any fraudulent or illegal purposes;
8.1.2 Use our website to defame, abuse, harass, stalk, threaten or infringe the rights of other persons (including but not limited to the privacy or publicity rights of other persons);
8.1.3 hinder or interfere with the operation of our website or the server or network used by our website; or violate any rules, procedures, policies or regulations related to the network;
8.1.4 Transmit or distribute to our website any viruses, worms, Trojan horses or other computer codes that are harmful or intrusive or may or intend to damage the operation of any hardware, software or equipment or monitor the use of any hardware, software or equipment;
8.1.5 For any commercial purposes, reprint, copy, sell, resell or use any part of our website (including applications or software), or its use or connection;
8.1.6 Revise, adapt, translate, reverse engineer, decompile or disassemble any part of our website (including application or software);
8.1.7 Construct or copy any part of the website without our prior written consent;
8.1.8 Create a database by downloading and storing content, user content or any website content in an organized manner; and
8.1.9 Infringe any copyright, design rights and intellectual property rights of the goods.
9.1 The intellectual property rights of all content are owned, controlled or licensed by us. Save you from
Except for the rights granted in Article 9.2, these terms and conditions do not give you any right to own the content
9.3 Unless you have obtained our express written consent or you have been expressly authorized by law, you must not:
9.3.1 Use the content for any commercial or other non-personal purposes;
9.3.2 Copy content or transmit content to any other device or any other person; or
9.3.3 Reprint, distribute, communicate to the public, revise, re-format, compile derivative works or display content.
9.4 You confirm and agree that if you violate any of the terms of this clause, we have the sole discretion not to provide you with any content.
9.5 We will take all reasonable commercial efforts to ensure the accuracy of the content, but we do not guarantee and declare (express or implied, statutory or other forms) the accuracy, quality or completeness of the content or its suitability for any purpose. We will not take any responsibility for this. You also agree that advertisers take full responsibility for the advertising content shown on our website. Placing relevant advertisements does not constitute our recommendation or endorsement of the advertiser's products, and each advertiser shall be solely responsible for any statement made by its advertisement. We will not be liable for any loss caused by your reliance on the accuracy of the information contained on our website.
10. User-generated content
10.1 When you submit any user-generated content (including all text, files, images, photos, sounds, videos or other materials) on our website ("User Content"), you grant us a permanent, irrevocable, non-exclusive, A global, transferable, sublicensable, fully paid, royalty-free license for reprinting, distributing, communicating to the public, performing publicly, revising, compiling derivative works, displaying and otherwise using the user content of the relevant website (including but It is not limited to promoting and reposting part or all of the website in any media format and through any media channels). Without restrictions, your rights granted to us in accordance with this clause 10.1 include the right to grant re-licensing rights to users of each website to use user content with the permission of website functions from time to time. You hereby waive and urge all other creators of user content to waive all moral rights of user content (including the right to identify the creator of user content or the right to oppose any derogatory processing of user content), regardless of whether the relevant rights are currently or in Will it exist anywhere in the world at any time in the future.
10.2 Your declaration, guarantee and covenant:
10.2.1 You have the legal rights and powers to grant the license in Article 10.1 above;
10.2.2 You are the owner of User Content and/or have all the necessary rights, consents, permits and licenses that can grant us the license in Article 10.1 above;
10.2.3 We will not infringe the intellectual property rights or other rights of any third party by exercising the license under Article 10.1 above;
10.2.4 If the user content identifies any individual (whether by name, picture or other means), you have obtained all the consents and permission of those persons, so that we can use the user content under the license in clause 10.1 above;
10.2.5 User content does not include any material that may be illegal, defamatory, obscene, offensive, endangering the safety of any person, intended to harass any person or not suitable for display on the website; and
10.2.6 At our request, you will provide us with written copies of any consents, permits and licenses that you need to obtain.
You agree to report to us for any claims, losses, damages, expenses, expenses (including legal expenses) or other liabilities caused to us and all of our directors, employees and contractors due to violation of any covenant, guarantee, statement and agreement in this article And all our directors, employees and contractors to indemnify and protect us from harm.
12. Linked website
Several links (including hyperlinks) in our website will lead you to leave our website. Links are provided for your convenience only, and the inclusion of any link does not imply our support or endorsement of the linked website, its operator or its content. We are not responsible for the content of any website other than our website.
13.1 If you violate any terms and conditions, we may immediately terminate your access to our website or registration.
13.2 Any rights that either party has generated on the termination date will still be enforceable after termination.
14. Intellectual Property
14.1 The intellectual property rights of all content, user content, design, text, images and other materials on our website, and their selection or arrangement are owned, controlled or licensed by us. Any authorized use without prior written approval is strictly prohibited.
14.2 All trademarks, product names and company names or logos on our website are our property or the property of their respective owners. We have not approved the use of any such trademarks, appearances, product names, company names, logos or titles, and such use may constitute an infringement of the rights of the holder.
15.1 If the declarations and guarantees in these terms are made to us and the supplier of goods through our website, you confirm and agree that the declarations and guarantees are intended to grant rights to all relevant suppliers and provide The interests of the suppliers, and the relevant suppliers can rely on and enforce the relevant declarations and guarantees made by you.
15.2 We reserve the right to modify the content of the website (including the services we provide) and these terms and conditions at any time without notice. If these terms and conditions are changed, they will be announced on the website. If you continue to use our website after any relevant changes, you agree to be bound by the revised terms and conditions. This right includes the right to change any documents forming part of these terms and conditions.
15.3 We have made every effort to clarify whether the quotation of the goods provided on our website includes any relevant taxes or duties. If the quotation is not clear under any circumstances, please be aware that you may be liable for taxes or duties (such as value-added tax) imposed by suppliers or laws in addition to the price before placing an order.
15.5 We reserve the right to deny users access to our website or any part of it at our sole discretion without notice, and we can refuse to provide our services to any users who violate these terms and conditions.
15.6 We will not be liable to you for any violation of these terms and conditions, and will not be liable to you for failure to provide or delay in providing our services through the website due to any event or situation beyond our reasonable control Any responsibility.
15.7 If any stationery jurisdiction of these terms and conditions is deemed invalid or unenforceable by the court, it will not affect the validity or effectiveness of any other provisions, and the invalid provisions shall be deemed to be in accordance with these terms and conditions. Detailed rules are divided.
15.8 We may assign these terms and conditions or appoint any third party, including group companies, to provide services to you on their behalf, or perform any of our responsibilities contained in these terms and conditions.
15.9 Without our written consent, you may not assign or otherwise deal with all or part of your rights and obligations stipulated in these terms and conditions.
15.10 These terms and conditions set out the complete agreement and understanding of the parties and replace all previous oral or written agreements, understandings or arrangements regarding the subject matter of these terms and conditions. Neither party has the right to rely on any agreement, understanding or arrangement not contained in these terms and conditions.
15.11 These terms and conditions are governed by the laws in force in Malaysia. You agree to be subject to the exclusive jurisdiction of the Malaysia courts.
We reserve the right to terminate or change the above offers. In case of any dispute, our decision will be final and conclusive.
These terms and conditions form an integral part of the general terms and conditions.
Date of Last Update: 10/08/2020