TERM & CONDITIONS
Last update on June 22, 2020.
1. Introduction
- This site, www.onlinestore.macpie.my (“Site”) is operated by Macpie Distribution Sdn Bhd, a company registered in Malaysia with company registration number 200901005898 (848850-M) and with registered offices at Unit 23-10, Q Sentral, Jalan Stesen Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia (“Macpie Distribution”).
- This page explains the terms by which you may use and access our online services and Site (collectively "Services"). Please read the terms and conditions as set out herein (“Terms and Conditions”) carefully and thoroughly before using this Site or opening an account with us. You may use the Services only if you agree to and comply with these Terms and Conditions and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must agree to these Terms and Conditions on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any items you purchase through the Services.
- By accessing or using the Services, you agree that you have read, understood and agreed to be bound to all our Terms and Conditions whether or not you are a registered User of our Services.
- The terms "you", “your”, “Buyer”, “User” and “Customer” in these Terms and Conditions refer to the person accessing or using this Site or our Services or purchasing the Product (as defined below) from any of the Merchants (as defined below) via this Site.
2. Variation
- We reserve the right to amend these Terms and Conditions at any time and it is your responsibility to review these Terms and Conditions on each occasion you visit this Site.
- All amendments to these Terms and Conditions will be posted on the Site. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions. You may discontinue using this Site if you disagree to be bound by such new Terms and Conditions.
3. Account and Security
- To place an order for any of the Products (as defined below), you must create an account at Macpie Distribution in order to gain access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
- Your permission to use the Site and/or the Services is conditional upon your agreement that you will provide accurate information when creating an account or registering for our Services.
- You must notify Macpie Distribution immediately of any breach of security or unauthorized use of your account. Macpie Distribution shall not be liable for any losses caused by any unauthorized use of your account.
4. Conditional Use of Our Site and Services
5. Intellectual Property
- All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Macpie Distribution and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Site and/or Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site).
6. Abusing Our Site
- Without limiting other remedies available to us, we may limit, suspend, or terminate our Services and your accounts, prohibit your access to our Sites and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Sites if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property and/or the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users whom we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of our Intellectual Property and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
7. Goods and Services
- By placing an order, you are offering to purchase goods and/or services (“Product” or “Products”) on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- Any order that you place with us is subject to Product availability, delivery capacity and acceptance by us and the Merchants. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract is not entered between us for the purchase of the Product but rather with you and the Merchant upon successful payment. If the Product is not available, we will inform you by text message (SMS) or phone call.
- Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If the order is cancelled and you have already paid for the Product, you will receive a full refund.
- Where applicable, prices are inclusive of sales and services tax. Delivery costs will also be charged; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. For the avoidance, all prices displayed in the ‘Total Cost’ are exclusive of the costs incurred under Section 13.
- The Services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, taxes, shipping, payment terms, or return policies.
- In describing the Product available to purchase online, Macpie Distribution attempts to be as accurate as possible. However, Macpie Distribution does not warrant that product descriptions or other content of any Merchants are accurate, complete, reliable, current, or error-free. If a Product offered by Macpie Distribution itself is not as described, your sole remedy is to return it in unused condition.
- All risk in the Product shall pass to you upon delivery.
8. Purchase and Payment
- You should carefully read the Product details and review information such as price, option price, (overseas) shipping charges, import duty, and such other terms and conditions for sales before purchasing a Product.
-
We will notify you if for any reason we are unable to accept your order, or any part of it (in which case we shall not take payment from you in respect of the cancelled order, or the partially cancelled order). The circumstances where we may not be able to accept your order including but not limited to:
- where the item you have ordered is no longer available in stock;
- where your payment has not been authorised;
- where we have identified a pricing or product description error; and/or
- where you have not complied in any way with these Terms and Conditions.
- We take no responsibility and assume no liability for any loss or damages arising from shipping information and/or payer information entered by you or wrong remittance by you in connection with the payment for the Product purchased. We reserve the right to check whether you are duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
- Where applicable, you warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
9. Redemption
10. Content and Links
- Parties other than Macpie Distribution may operate stores, provide services, sell products or list advertisement on this Site, and this Site may link to the sites of Macpie Distribution’s affiliated companies and certain other companies. Macpie Distribution is not responsible for examining or evaluating, and does not warrant the Product of such business or individual or the content of their websites. Macpie Distribution does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
- The Services may contain information supplied by third parties and links to internet sites maintained by third parties. Macpie Distribution does not, in any respect, control such content or operate such sites and does not guarantee the availability of any email from or links to third-party sites. Third-party’s content and links are included solely for the convenience of Users, and do not constitute any endorsement by Macpie Distribution.
11. Complaint
- We place great value on our Customer satisfaction and take complaints seriously. We aim to respond to your complaints within 5 business days. All complaints should be addressed to our Customer Service at: (a) our helpline: 03-27284452; or (b) our email: enquiries@macpie.my
- The term “business day” in these Terms and Conditions refer to a day other than a Saturday or Sunday on which banks in Kuala Lumpur are open for commercial business.
12. Return, Replacement or Refund
- The return, replacement or refund of Product shall subject to the return policy of the respective Merchants. Macpie Distribution shall not be liable for any matter arising from or incidental to the return, replacement or refund of Products.
- Subject to the return policy of the respective Merchants, you may submit your application to us for return of the purchased Product and/or refund.
- Upon receiving an application from you for the refund and/or return of Product, we will notify the relevant Merchant.
- You will only be refunded after we have received a confirmation from the Merchant that the Merchant has received the returned Product and has agreed to accept the return of the affected Product.
- Should the logistic service provider be allowed to conduct an inspection on the Product collected from the Merchants before delivering to you, the logistic service provider shall be solely liable to any damage or loss occurred to the Product.
13. Customs
- If the country of the Merchants is different from the country where the Product is to be delivered, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Product. You should make sure that the Merchants can lawfully import the Product into your country before purchasing them.
- You may be subject to import duties and taxes, which are levied once a shipment reaches your country. In principle, additional charges for customs clearance must be borne by you if not specified otherwise in the Product details explicitly; we have no control over these charges and cannot predict what they may be. Customs’ policies vary widely from country to country, please contact your local customs office for further information.
- In addition, please note that the cross-border shipments are subject to opening and inspection by customs authorities.
- Also, Macpie Distribution or the Merchants may provide certain order, shipment, and product information such as titles to our or their international carriers, and such information may be communicated by the carriers to customs authorities to facilitate customs clearance and compliance with local laws. Customs authorities may require us or the Merchants to state the value of the purchased Product directly on the package. The Merchants shall bear all liabilities relating thereto. If any transaction is cancelled due to a reason attributable to the Merchants (e.g. non-delivery of the purchased Product), Macpie Distribution reserves its right to take actions against the Merchants. If you have any queries regarding the cross-border shipments please notify us at the details provided in Section 11.1 herein and we will provide necessary information and/or assistance for you to resolve such matter with the relevant Merchant. However, as mentioned, you and the Merchant shall be solely liable for any customs related issues.
- We may at our sole discretion provide overseas delivery service and other services related to delivery in association with third-party service providers.
14. Access and Interference
15. Indemnity
- You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
16. No Warranties
- You will not hold us responsible for other Users' content, actions or inactions, or items they list, including things they post. You acknowledge that we are not a traditional online shopping service provider or auctioneer. Instead, we provide an electronic marketplace for buyers and sellers and arrange transactions between such buyers and sellers (Merchants). We are responsible for operating and managing our Site and make reasonable efforts in order to maintain efficient services. We are not involved in the actual transaction between you and the Merchants. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
- We do not transfer legal ownership of Product from the Merchants to you. Unless you and the Merchants agree otherwise, you will become the Product's lawful owner upon physical receipt of the Product from the Merchants. We cannot guarantee continuous or secure access to our Services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site and Services.
- All materials, information, software, products, services and other content contained in this Site, or obtained from a linked Site is provided to the User “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Macpie Distribution has made reasonable efforts to post current and accurate information on this Site; however, we assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in this Site. Under no circumstances will Macpie Distribution be liable for any loss or damage caused by the User’s reliance on information obtained through this Site. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of this Site is solely at the User’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some Users.
17. Limitation of Liability
- The User specifically agrees that Macpie Distribution shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this Site. The User specifically agrees that Macpie Distribution is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The User specifically agrees that Macpie Distribution is not responsible for any content sent using the communication services and/or included in this Site by any third party.
- In no event shall Macpie Distribution be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement product, (3) loss of use, data or profits, (4) delays or business interruptions, and (5) any theory of liability) arising out of or in connection with the use of, or inability to use this Site, whether or not Macpie Distribution has been advised of the possibility of such damages.
18. No Agency
- No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms and Conditions. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between Macpie Distribution and any Buyer or Merchants.
19. Notices
- Except as explicitly stated otherwise, any legal notices shall be served on Macpie Distribution Sdn Bhd via registered mail, to at Unit 23-10, Q Sentral, Jalan Stesen Sentral, KL Sentral, 50470 Kuala Lumpur, Malaysia or using the Contact Us form. (in the case of Macpie Distribution) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing unless otherwise required by law.
20. Applicable Law and Jurisdiction
- By visiting this Site, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Macpie Distribution. The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against Macpie Distribution arising out of, with respect to, or in connection with any disputes over these Terms and Conditions and disputes between Users.
Voucher Terms & Conditions
- “Voucher” and “Vouchers” mean the voucher(s), both printed and e-vouchers, that are issued by Macpie Distribution Sdn Bhd (“Macpie Distribution”).
- These Vouchers are to be used and/or redeemed within the stipulated period indicated in the Voucher.
- If no expiry date is stated on the Voucher, the Voucher shall expire 6 months from the date of issue or such other period as may be prescribed by Macpie Distribution.
- Expired Vouchers are not redeemable and the amount in the Voucher will not be refunded or credited when expired.
- These Vouchers are valid only for use on Macpie Distribution and in accordance with its terms and conditions of use as stated herein.
- These Vouchers are not refundable and cannot be replaced if lost, damaged or expired.
- These Vouchers are not exchangeable for cash.
- These Vouchers may be transferable subject always to these terms and conditions.
- In the event that the value of the Voucher used in a single transaction does not cover the full purchasing cost of the goods or services (“Product” or “Products”), the balance must be paid by the Voucher holder with other available payment options.
- Unless otherwise stated, these Vouchers are not valid in conjunction with any other promotions or discounts.
- These Vouchers cannot be used for previously placed orders or Products not in stock at the time of purchase.
- These Vouchers will not be refunded in the event of order cancellation or return by the Voucher holder.
- Macpie Distribution retains the right to reject the use of any Voucher that has been tampered with or found in any way to be in breach of these terms and conditions.
- Any misuse/tampering/forgery of the Voucher may constitute a criminal offence and the offender will be liable for prosecution.
- In the event of any dispute, the decision of Macpie Distribution is final.
- Macpie Distribution reserves the right to change/vary/amend any of these terms and conditions or cancel any promotions at any time without notice.
- The use of any Voucher is subject to these terms and conditions and the FULL Terms and Conditions which can be found at www.onlinestore.macpie.my