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INTRODUCTION

These terms and conditions ("Terms and Conditions") apply to the website walau.com.my (hereinafter referred to as “the Site”) owned, managed and operated by I-Serve Online Mall Sdn Bhd (Company No. 1096985-X) a company incorporated in Malaysia and having its business address at Lot 09-08, Tower B ,The Vertical Business Suite, Bangsar South , Jalan Kerinchi 59200 KL ,Malaysia. (““ Walau””) and all of its divisions, subsidiaries, and affiliate operated Internet sites which refer to these Terms and Conditions.

By accessing and using the Site, you confirm your understanding and acceptance of the Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use this website. We reserve the right, to change, modify, add, or remove all, portions or any of these Terms and Conditions of use at any time and from time to time. Changes will be effective when posted on the Site with no other notice provided. You are required to check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Termsand Conditions constitutes your acceptance of those changes.

CONDITIONS OF USE

 

You are granted a non-transferable and revocable license to use the Site subject to the Terms and Conditions for the purpose of shopping and purchasing for items sold on the Site. The license granted in this paragraph shall be immediately and automatically revoked in the event of breach of any of these Terms and Conditions without notice to you.

You are only allowed to use the Site if you are 18 years and above. By using the Site you agree and declare that you are 18 years and above and shall be bound by all terms and conditions contained herein.

Certain services, merchandise and related features made available on the Site may require registration or subscription. For registration and/or subscription purposes, you agree and are required to provide accurate information about yourself. The account owner is entirely responsible for all activities that occur under his/her password or account. We and/or the Site 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.

Content provided on this site is solely for informational purposes and do not form part of the Contract unless specifically incorporated.

ACCEPTANCE OF ORDER

Not all orders will be accepted. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information before we accept the order.

We reserve the right to refuse or cancel any order. In the event that an item is mispriced (ie the price of an item is not displayed correctly on the Site) or information pertaining thereto is erroneous, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

Upon the acceptance of the order, the terms and conditions of the purchase shall be as provided below.

REVOCATION OF RIGHT TO USE

We may, without prior notice to you, immediately revoke any or all of your rights to access or use of the Site and in which event you shall immediately cease all access to and use of the Site. In addition thereto we shall be entitled to immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Such revocation however shall not affect the respective rights and obligations of the parties arising before the date of revocation or termination. You shall have no claim or actions whatsoever against us in the event of such termination, suspension or revocation of the right to use the Site. Your sole and exclusive remedy is to discontinue using the Site.

USERS’ SUBMISSIONS

Anything that you submit to the Site ("Submissions") will become our exclusive property and when you post Submissions to the Site, you also grant us the irrevocable right to use the name that you submit, in connection with such review, comment, or other content. We may, but shall not be obligated to, remove or edit any Submissions.

Any use of false e-mail address is strictly prohibited.

Terms of Purchase

1. Interpretation

 

1.1 In these Conditions:

"Buyer" means the person who purchases Goods via the Site or who otherwise enters into a contract for the purchase of Goods with Walau;

"Conditions" mean the terms and conditions set out in this document and any special terms and conditions agreed in writing between the Buyer and Walau;

"Contract" means the contract for the purchase and sale of Goods;

"Goods" means the goods (including any installment of the goods or any parts for them) which are featured or offered for sale via the Site and is/are to supply in accordance with a Contract;

“Merchants” means a supplier who featured or offered its or their goods or products for sale at the Site;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

“Walau” means I-Serve Online Mall Sdn Bhd, a company incorporated in Malaysia under registration number( 1096985-X )and having its registered address at Lot 09-08, Tower B ,The Vertical Business Suite, Bangsar South , Jalan Kerinchi 59200 KL ,Malaysia.

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.

2. The Contract

2.1 The sale of Goods by via Walau or via the Site to the Buyer under any Contract shall be subjected to these Conditions only. Any other terms and conditions referred to in any documentation by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing are specifically excluded.

2.2 Any information made available in the Site in connection with the sale and supply of Goods, including photographs, drawings, appearance, performance, dimensions, weight, and other incidental, are for information purposes only and not binding on the Company. In addition to the above, the Product representations expressed on this Site are those of the Merchant and are not made by us

2.3 No variation to these Conditions shall be binding unless agreed in writing between the Buyer and Walau.

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Walau or at the Site shall be subject to correction without any liability on the part of Walau.

3. Orders and Acceptance

3.1 The Order by the Buyer will only be deemed accepted upon Walau issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Walau shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to issue of the confirmation of dispatch. Walau shall furthermore be entitled to require the Buyer to furnish Walau with contact and other verification information prior to issuing a confirmation of dispatch.

3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Walau and on terms that the Buyer shall indemnify Walau 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 Walau as a result of the modification or cancellation, as the case may be.

4. Price

The price of the Goods and/or Services shall be the price stated in Walau’s website at the time which the Buyer makes its offer to purchase to Walau. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, or similar tax which the Buyer shall be liable to pay to Walau in addition to the price.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods purchased in accordance with the various payment methods set out in the Site. The terms and conditions applicable to each type of payment as chosen by the Buyer, as contained in the Site, shall be applicable to the Contract.

5.2 In addition to the terms contained in the Site in respect of the payment method, the following terms shall also apply to the following types of payment:

(a) Credit Card

Credit Card payment option is available for all Buyers. Walau accepts all Visa and Master Cards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information is protected by means of industry- leading encryption standards.

Please take note that additional charges may be incurred if you are using a non-Malaysian issued card due to Foreign Exchange.

(b) Debit Cards

Walau accepts all Malaysian Visa and MasterCard debit cards subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

(c) Online Banking

i. In adopting this payment method, the Buyer shall transfer the payment for the Goods to Walau’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Walau, in its sole discretion, may refuse this payment option to anyone or any user without notice for any reason at any time.

ii. For the time being, Walau accepts online bank transfers from all Malaysian banks.

6. Delivery

6.1 Delivery of the Goods shall be made to the address as specified by the Buyer in its order.

6.2 Walau has the right at any time to sub-contract all or any of its obligations for the 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 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Walau 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 Walau's fault) then without prejudice to any other right or remedy available to Walau. Walau may:

(a) 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

(b) Terminate the Contract and claim damages.

7. Risk and property

7.1 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 Walau has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods as stated above, the property in the Goods shall not transferred to the Buyer until Walau has received in cash or cleared funds payment in full of the price of the Goods and all other goods sold by Walau to the Buyer for which payment is then due.

7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Walau's bailee and shall keep the Goods separate from those of the Buyer.

7.4 In the event the Goods has been delivered to the Buyer prior to the price of the Goods has been paid in full and the property in the Goods transferred to the Buyer (and provided the Goods are still in existence and have not been resold), then Walau shall be entitled at any time to demand the Buyer to deliver up the Goods to Walau failing which Walau reserves it’s right to take legal action against the Buyer for the delivery up 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.

7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Walau.

7.6 The Buyer shall indemnify Walau against all loss damages costs expenses and legal fees incurred by Walau in connection with the assertion and enforcement of Walau's rights under this condition.

8. Warranties and Remedies

8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, and are excluded to the fullest extent permitted by law.

8.2 Subject to the condition provided herein, the warranty of the Goods shall be as provided by Walau or the respective Merchant and or manufacturers of the Goods so purchased by the Buyer as stated at the Site.

8.3 Walau’s above warranty concerning the Goods, if applicable is given subject to the following conditions:

(a) No condition or warranty is made or to be implied the Goods supplied will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Walau.

(b) 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.

(c) Walau does not give any warranty as to the quality state condition or fitness of the Goods.

8.4 In addition to the above, it is further declare that:

(a) Walau shall be under no liability for the improper remedy of defects, alteration of the Goods without the prior agreement of Walau, the Merchant or the manufacturer, addition and insertion of parts, in particular of spare parts which do not come from Walau, the Merchant or the manufacturer.

(b) Walau shall be under no liability in respect of any defect or damage 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, failure to follow Walau's, the Merchant’s or the manufacturer’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Walau's approval.

(c) Walau 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 Walau’s or the Merchant’s or the manufacturer’s prior written approval.

(d) Walau shall be under no liability under any warranty whatsoever if the total price for the Goods has not been paid in cleared funds by the due date for payment.

(e) Walau shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

8.5 Any warranty claim by the Buyer as stated above shall be notified in writing to Walau within three days from the date of receipt of the Goods or within a reasonable time after discovery of the defect or failure if the defect or failure was not apparent on reasonable inspection. The Buyer shall not be entitled to reject the Goods on the basis of any perceived defect or failure, except where the Goods delivered are of a fundamentally different nature than those which Walau had contracted to deliver.

8.6 If the Buyer does not give due notice to Walau in accordance with 8.5, Walau shall have no liability for any defect or failure or for any consequences resulting there from. In respect of any valid warranty claim, the defective Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. In lieu of repair or replacement, Walau may, at its sole discretion, grant such a reduction of purchase price of not more than 10% to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Walau.

8.7 When Walau has provided replacement Goods or given the Buyer a refund, the alleged defective Goods or parts thereof shall become Walau’s property.

9. Force Majeure

9.1 Walau shall not be liable to the Buyer by reason of any delay in performing or any failure to perform any of Walau's obligations if the delay or failure or non performance was due to act of God and/or any cause beyond Walau's reasonable control. In which event, Walau may at its option:-

(a) fully or partially suspend delivery/performance while such event or circumstances continues;

(b) terminate any Contract so affected with immediate effect by written notice to the Buyer and Walau shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

10. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Walau, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

11. Liability

11.1 Walau’s liability under or in connection with the Contract shall be subjected to the limitations as set out in this Condition.

11.2 l Walau shall not be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever even if such loss were reasonably foreseeable or Walau had been advised of the possibility of the Buyer incurring the same.

11.3 The remedies as set out in Condition 8 are the Buyer’s sole and only remedies for non-conformity or defects in the Goods or Services and Walau’s liability for the same shall be limited in the manner specified as in Condition 8.

11.4 Notwithstanding any provisions herein contained, Walau’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for breach of contract, indemnity, tort, and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed 50% of the total Contract price.

11.5 No action or claim shall be allowed to be brought by any Buyer or any party claiming under or through him/her against Walau later than 12 months after the date of accrual of cause of action, if any.

12. Termination

12.1 In the event of the Buyer being in breach of any terms and conditions stated herein under the Contract, then Walau may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Section 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.

13. General

13.1 No waiver by Walau 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.

13.2 If any provision of these Conditions is found to be 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.

13.3 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.

13.4 Walau reserves their right to these terms and conditions of sale at any time.