Terms and Condition
1. Interpretation
1.1 in these
conditions:
"buyer"
means the person who accepts a quotation of monspacemall for the supply of
goods or who otherwise enters into a contract for the supply of goods with
monspacemall;
"conditions"
mean the general terms and conditions set out in this document and (unless the
context otherwise requires) any special terms and conditions agreed in writing
between the buyer and monspacemall;
"contract"
means the contract for the purchase and sale of goods, howsoever formed or
concluded;
"goods"
means the goods (including any instalment of the goods or any parts for them) which
monspacemall is to supply in accordance with a contract;
"writing"
includes electronic mail facsimile transmission and any comparable means
of communication.
“monspacemall
sdn bhd”, a company incorporated in malaysia under registration number 1183919-u
address no. 8-3, jalan jalil 1, bumi bukit jalil (the earth), 57000, kl
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.
2. Basis of the contract
2.1 the
supply of goods by monspacemall to the buyer under any contract shall be
subjected to these conditions which shall govern the contract to the exclusion
of any other terms and conditions contained or referred to in any documentation
submitted by the buyer or in correspondence or elsewhere or implied by trade
custom practice or course of dealing.
2.2 any
information made available in monspacemall website 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 not so
confirmed.
2.3 no
variation to these conditions shall be binding unless agreed in writing between
the authorised representatives of the buyer and monspacemall.
2.4 any
typographical clerical or other error or omission in any quotation, invoice or
other document or information issued by monspacemall in its website shall be
subject to correction without any liability on the part of monspacemall.
3. Orders and specifications
3.1 order
acceptance and completion of the contract between the buyer and monspacemall
will only be completed upon monspacemall issuing a confirmation of despatch of
the goods to the buyer. For the avoidance of doubt, monspacemall shall be
entitled to refuse or cancel any order without giving any reasons for the same
to the buyer prior to issue of the confirmation of despatch. Monspacemall shall
furthermore be entitled to require the buyer to furnish monspacemall with
contact and other verification information, including but not limited to
address, contact numbers prior to issuing a confirmation of despatch.
3.2 you
can cancel your oder provided that your order has not been successfully
submitted and payment has not been received. Thus, all orders will be deemed to
be irrevocable and unconditional upon your order has been submitted
successfully and payment is received.
4. Price
The
price of the goods and/or services shall be the price stated in monspacemall
website at the time which the buyer makes its offer purchase to monspacemall . The
price excludes the cost of packaging and delivery charges, any applicable goods
and services tax, monspacemall added tax or similar tax which the buyer shall
be liable to pay to monspacemall in addition to the price. Monspacemall reseves
the right to amend the listing prices at any time without giving any reason or
prior notice.
5. Terms of payment
5.1 the
buyer shall be entitled to make payment for the goods pursuant to the various
payment methods set out in monspacemall site. The terms and conditions
applicable to each type of payment, as contained in monspacemall website, shall
be applicable to the contract.
5.2 in
addition to any additional terms contained in monspacemall website, the
following terms shall also apply to the following types of payment:
5.2.1 credit
card
Credit
card payment option is available for all buyers. Monspacemall accepts all visa
and mastercards, both credit and debit, and is 3D secure (verified by visa, and
mastercard secure) enabled. All your credit card information are 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.
5.2.2 debit
cards
Monspacemall
accepts all malaysian visa and mastercard debit cards where subject to bank
availability. All debit card numbers shall be protected by means of industry-leading
encryption standards.
5.2.3 online
banking
I.
By choosing this payment method, the buyer shall transfer the payment for the
goods to monspacemall sdn bhd 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. Monspacemall sdn bhd, in its
sole discretion, may refuse this payment option service to anyone or any user
without notice for any reason at any time.
Ii.
For the time being, monspacemall accepts online bank transfers from ambank, bank
islam, cimb bank, hong leong, maybank, public bank, rhb.
6. Delivery/performance
6.1 delivery
of the goods shall be made to the address specified by the buyer in its order.
6.2 monspacemall
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 any dates
quoted for delivery of the goods are approximate only. The time for delivery/performance
shall not be of the essence, and monspacemall shall not be liable for any delay
in delivery or performance howsoever caused.
7. Passing risk of the goods
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 monspacemall has tendered delivery of the goods.
8. Warranties and remedies
8.1 warranty
of the goods shall subject to the manufacturer’s warranty availability
9. Force majeure
9.1 monspacemall
shall not be liable to the buyer or be deemed to be in breach of the contract
by reason of any delay in performing or any failure to perform any of
monspacemall obligations if the delay or failure was due to any cause beyond
monspacemall reasonable control. Without prejudice to the generality of the
foregoing the following shall be regarded as causes beyond monspacemall
reasonable control:
9.1.1 act
of god, explosion, flood, tempest, fire or accident;
9.1.2 war
or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts
of restrictions, regulations, bye-laws, prohibitions or measures of any kind on
the part of any governmental parliamentary or local authority;
9.1.4 import
or export regulations or embargoes;
9.1.5 interruption
of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether
involving employees of services on demand sdn bhd or of a third party);
9.1.6 interruption
of production or operation, difficulties in obtaining raw materials labour fuel
parts or machinery;
9.1.7 power
failure or breakdown in machinery.
9.2 upon
the happening of any one of the events set out in condition
9.2.1 fully
or partially suspend delivery/performance while such event or circumstances
continues;