These terms and conditions ("Terms and Conditions") apply to the www.bexpress.com.my website (hereinafter referred to as "the Site") that is owned, managed and operated by I-Serve Online Mall Sdn Bhd ("Bexpress"), a company incorporated in Malaysia under registration number 1096985-X ,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. We reserve the right to change, modify, add, or remove all or portions of these Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided. You are required to check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
- CONDITIONS OF USE
- ACCEPTANCE OF ORDER
- REVOCATION OF RIGHT TO USE
- USER SUBMISSIONS
You are granted a revocable license to use the Site subject to the Terms and Conditions for the purpose of purchasing 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 are transacted under his/her account or password. 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 the Site is solely for informational purposes and do not form part of any Contract unless specifically incorporated.
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 verification or information before we accept an order.
In the event that an item is mispriced (i.e. 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 acceptance of an order, the Terms and Conditions of the purchase shall be as provided below.
We may, without prior notice to you, immediately revoke any or all of your rights to access or use the Site. In addition thereto we shall be entitled to immediately revoke all password(s) and account identification issued to you. 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.
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 any review, comment, or other content. We may, but shall not be obligated to, remove or edit any Submissions.
Any use of false e-mail addresses is strictly prohibited.
- 1. INTERPRETATION
- 2. THE CONTRACT
- 3. ORDERS AND ACCEPTANCE
- 4. PRICE
- 5. TERMS OF PAYMENT
- 6. DELIVERY
- 7. RISK AND PROPERTY
- 8. WARRANTIES AND REMEDIES
- 9. FORCE MAJEURE
- 10. NOTICES
- 11. LIABILITY
- 12. TERMINATION
- 13. GENERAL
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 Bexpress;
- "Conditions" mean the Terms and Conditions set out in this document and any special terms and conditions agreed in writing between the Buyer and Bexpress;
- "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) that are featured or offered for sale via the Site which Bexpress is to supply in accordance with a Contract;
- "Merchant" means a supplier who featured or offered their goods or products for sale on the Site;
- "Writing" includes electronic mail, facsimile transmission and any comparable means of communication;
- "Bexpress" means I-Serve Online Mall Sdn Bhd, a company incorporated in Malaysia under registration number 1096985-X.
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.
2.1 The sale of Goods by Bexpress 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 Bexpress. In addition to the above, the Goods representations expressed on the 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 Bexpress.
2.4 Any typographical, clerical, or other error or omission in any quotation, invoice, or other document or information issued by Bexpress or at the Site shall be subject to correction without any liability on the part of Bexpress.
3.1 The order by the Buyer will only be deemed accepted upon Bexpress issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Bexpress shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to the issue of the confirmation of dispatch.Bexpress shall furthermore be entitled to require the Buyer to furnish Bexpress 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 Bexpress and on terms that the Buyer shall indemnify Bexpress 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 Bexpress as a result of the modification or cancellation, as the case may be.
4.1 The price of the Goods and/or services shall be the price stated in the Site at the time which the Buyer makes its offer to purchase to Bexpress. The price excludes the cost of packaging and delivery charges, any applicable goods, and services tax, or similar tax that the Buyer shall be liable to pay to Bexpress in addition to the price.
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:
- Credit Card
Credit Card payment option is available for all Buyers. Bexpress accepts all Visa and MasterCard, 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.
- Debit Card
Bexpress 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.
- Online Banking
In adopting this payment method, the Buyer shall transfer payment for the Goods to Bexpress'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. Bexpress, in its sole discretion, may refuse this payment option to anyone or any user without notice for any reason at any time. For the time being, Bexpress accepts online bank transfers from all Malaysian banks.
6.1 Delivery of the Goods shall be made to the address as specified by the Buyer in their order.
6.2 Bexpress has the right to sub-contract all or any of its obligations for 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 approximations only. The time for delivery/performance shall not be of the essence, and Bexpress 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 Bexpress's fault) then without prejudice to any other right or remedy available to Bexpress, Bexpress may:
- 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
- Terminate the Contract and claim damages.
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 Bexpress has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk of the Goods as stated above, the property in the Goods shall not transfer to the Buyer until Bexpress has received in cash or cleared funds payment in full of the price of the Goods and all other goods sold by Bexpress 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 Bexpress'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 being 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 Bexpress shall be entitled at any time to demand that the Buyer deliver up the Goods to Bexpress failing which Bexpress reserves the right to take legal action against the Buyer for the delivery 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 that remain the property of Bexpress.
7.6 The Buyer shall indemnify Bexpress against all loss, damages, costs, expenses, and legal fees incurred by Bexpress in connection with the assertion and enforcement of Bexpress's rights under these Conditions.
8.1 Subject as expressly provided in these Conditions, all other warranties, conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to the Conditions provided herein, warranty of Goods shall be as provided by the respective Merchant and/or manufacturer of the Goods so purchased by the Buyer as stated on the Site.
8.3 Any warranty concerning the Goods if applicable, is given subject to the following conditions:
- No condition or warranty is made or to be implied that 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 Bexpress.
- Any description of the Goods is given by way of identification only and the use of such descriptions shall not constitute a sale by description.
- Bexpress does not give any warranty as to the quality, state, condition, or fitness of the Goods.
- Bexpress shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Bexpress, addition, and insertion of parts, in particular of spare parts which do not come from Bexpress.
- Bexpress shall be under no liability in respect of any defect 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 and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Bexpress's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Bexpress's approval.
- Bexpress 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 Bexpress 's prior written approval and the Buyer shall indemnify Bexpress against each loss liability and cost arising out of such claims.
- Bexpress shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
- Bexpress shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
8.4 In addition to the above, it is further declared that:
- Bexpress shall be under no liability for the improper remedy of defects, alteration of the Goods without the prior agreement of the Merchant or the manufacturer, or addition and insertion of parts, in particular of spare parts that do not come from the Merchant or the manufacturer.
- Bexpress 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 the Merchant's or the manufacturer's instructions (whether oral or in writing), and misuse or alteration or repair of the Goods without the Merchant's or the manufacturer's approval.
- Bexpress 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 the Merchant's or the manufacturer's prior written approval.
- Bexpress 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.
- Bexpress shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the warranty period.
8.5 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 that Bexpress had contracted to deliver.
8.6 In respect of any valid warranty claim, the Merchant or the manufacturer may make a repair or replacement. The Buyer shall have no further claim against Bexpress.
9.1 Bexpress shall not be liable to the Buyer by reason of any delay in performing or any failure to perform any of Bexpress 's obligations if the delay or failure or non-performance was due to an act of God and/or any cause beyond Bexpress's reasonable control. In which event, Bexpress may at its option:-
- Fully or partially suspend delivery/performance while such event or circumstances continue;
- Terminate any Contract so affected with immediate effect by written notice to the Buyer and Bexpress shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
10.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Bexpress, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
11.1 Bexpress's liability under or in connection with the Contract shall be subjected to the limitations as set out in these Conditions.
11.2 Bexpress 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 Bexpress 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 Bexpress's liability for the same shall be limited in the manner specified.
11.4 Notwithstanding any provisions herein contained, Bexpress'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 that 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 Bexpress later than 12 months after the date of accrual of the cause of action if any.
12.1 In the event of the Buyer being in breach of an obligation under the Contract, Bexpress may then stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.1 No waiver by Bexpress 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 Bexpress reserves the right to these Conditions of sale at any time.