TERMS AND CONDITIONS FOR SELLERS
- These terms and conditions apply to any party who has entered into an e-Commerce Agreement with Asiaspace Sdn. Bhd./AmaxMALL Sdn. Bhd. in respect of the provision of e-commerce services by amaxMALL to that party on this site known as www.amaxmall.com.
- Our (amaxMALL) services in relation to the listing of your (seller) products on this site encompass photography (unless you can provide us with photographs according to our specification), insertion of product description based on information given by you, accepting payment from buyers and management of orders of your product from the buyer.
- We do not warrant that your product will be on any specified page on the site. We will however ensure that from time to time the images are rotated so as to give visibility to all products. We reserve absolute discretion in deciding where the products appear on this site.
QUALITY AND DESCRIPTION OF PRODUCTS
- In listing your products on this site, you represent, warrant and undertake that the products:
- are new and genuine (and not second-hand unless represented as such);
- do not have any ingredient or material which are hazardous, dangerous or prohibited by the laws of Malaysia;
- are not counterfeits, copies or in any way infringes any intellectual property rights or trademark of any party;
- may be lawfully marketed, stored, sold, distributed and disposed off, without restriction;
- have the proper packaging and display information and description as required under the laws of Malaysia. The packaging and description must not in any manner misrepresent or cause any form of misrepresentation to consumers as to the nature and use of the product.
- You as the seller also warrant that you are the owner or have the right to sell the products online.
- You are fully responsible for the accuracy of the legality, description and information of your products. We reserve the right to remove any product and its description from the site if we are of the sole opinion that the aforesaid have been violated.
- In listing your products on the site together with the description, you hereby grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and royalty-free licence to (a) use, copy, display, perform and distribute the product information on amaxMALL site or any other online point of presence, mobile application, service or feature; (b) reformat, adapt or otherwise create derivative works of the product information; and (c) sublicense any of the foregoing rights to third parties in connection with our programs or services such as for promotional purposes.
FULFILMENT OF ORDERS
- The orders from buyers will be fulfilled by amaxMALL or via their delivery partner(s). We aim to fulfil the orders in the most timely and cost efficient manner. Notwithstanding, the choice of delivery partner and delivery mode shall be at amaxMALL’s absolute discretion. The delivery price will be automatically calculated using our internal tool depending on the size, weight, distance and mode of the fulfilment of the product and will be displayed once the buyer keys-in the address for delivery.
- The cost of delivery will be borne by the buyer unless stated otherwise on our site or unless we have made other provisions for deliveries.
- The packaging of products will be done by the seller at the seller’s cost, unless the products are stored at amaxMALL premises.
- Once an order has been received from the site, amaxMALL and the seller shall respectively execute one of the following:: (i) if the product is stored at amaxMALL’s premises, amaxMALL will despatch the order to the buyer within 2 working days from amaxMALL’s receipt of the order and payment from the buyer; or (ii) if the product is stored at the seller’s premises, the seller will despatch the order to the buyer within 2 working days from the date amaxMALL notifies the seller of the order; .
- If the product ordered by the buyer is to be despatched by the seller, the seller shall ensure that the right product is packed and delivered as per the order which will be communicated to the seller through amaxMALL systems. Once the seller despatches the order, the seller shall inform amaxMALL of the despatch details including the tracking number in order for amaxMALL to follow up with the buyer on the despatch and delivery of the product ordered.
- In the event the seller fails to provide the product as described on the site and as ordered by the buyer and necessitating an exchange, the cost involved in order to effect the exchange will be borne by the seller and will be debited from the amount of the sale price due to be remitted to the seller. In the event, the sale price is lower than the cost of involved in the exchange, the seller will reimburse amaxMALL the amount which is over and above the sale price required for the exchange.
- You shall defend, indemnify and hold harmless amaxMALL, Asiaspace Sdn. Bhd. or any of its affiliated companies and their respective officers, directors, employees and agents against any third party claim, liability, loss, damage, cost or expense (including legal fees) incurred arising from or related to (a) death or injury to any person, damage to any property or any other damage or loss due to any defect or use of your product, (b) product recall, (c) any infringement or misappropriation of any proprietary right of any product, product information or content, (d) your failure to give proper and accurate product description and warnings, and/or causing wrong, misleading or inaccurate product description to be stated on the site, (e) any product-related issue of which you are strictly liable, and (f) any negligence and intentional misconduct on your part in relation to the sale of your product on amaxMALL.
OTHER TERMS AND CONDITIONS
- TAXES: Save and except for the taxes on the commission that we collect from the sale of your products and delivery (if applicable) of which amaxMALL will remit directly to the tax authorities, the seller is responsible for all taxes in relation to the sale of the products.
- LAW AND JURISDICTION: This agreement and the relationship between amaxMALL and the seller shall be governed by and construed in accordance with the laws of Malaysia and the parties shall submit to the personal and exclusive jurisdiction of the Malaysian courts.
- RELATIONSHIP OF PARTIES: The seller and amaxMALL shall perform all of their duties under their agreement as independent contractors and nothing shall be construed to give either party the power to direct or control the daily activities of the other party, or to constitute the parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking.
- TERMINATION: Either party may terminate this agreement with 60 days prior notice. Notwithstanding, each party shall to the extent of their role, fulfil all orders from buyers which are made before the effective date of termination. All the terms and conditions of the agreement between the seller and amaxMALL which are intended to survive termination including all representation, warranties, indemnity, product description, choice of law and jurisdiction, shall survive the termination.
- CONFIDENTIALITY: Each party acknowledges and agrees that any confidential information received from the other party will be the sole and exclusive property of the other party and may not be used or disclosed except as necessary to perform the obligations required under this agreement. Upon termination of this agreement, each party shall promptly return and discontinue the use of all information, documents, manuals and other materials belonging to the other party except as otherwise provided in this agreement.
CHANGE OF TERMS AND CONDITIONS
The terms and conditions herein can be added and amended by us at any time and will be posted in this page. Your choice to continue selling on amaxMALL is deemed to constitute acceptance of the new terms and conditions.