Terms and Conditions of ICHOOSE Store
Welcome to the MYNIC Berhad’s ichoose.my website (hereinafter referred to as “the Site"). The Terms and Conditions hereunder applies to the Site, MYNIC Berhad and all of its divisions, subsidiaries, and affiliated Internet sites.
By accessing the Site, you confirm your understanding and agree to adhere and be bound by these Terms and Conditions. The Site reserves the right, to change, modify, add, or remove any parts of these Terms and Conditions either wholly or partially at any material time. New changes (if any) shall become effective immediately when posted on the Site. Please check these Terms and Conditions regularly for any updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance to those changes.
Use of the Site
- We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site.
- Commercial usage or usage on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
- Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
- Content provided on this site is solely for informational purposes only.
- Product representations expressed on this Site are those of the Service provider and product owners and are not given by MYNIC Berhad.
- Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
- Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
- Every user of the Site is solely responsible for keeping passwords and other account details safe and secure. The account owner is entirely responsible for all activities that occur under such password or account.
- Furthermore, you must notify us of any unauthorized use of your password or account. 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.
- Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (hereinafter collectively known as "Submission") will become our sole and exclusive property and shall not be returned to you.
- In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you are using or submitting, in connection with such review, comment, or other content.
- You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or any third parties as to the origin of any Submission. We may, but shall not be obligated to, remove or edit any Submission.
Order Acceptance and Pricing
- Please note that there are cases when an order cannot be processed for various reasons. MYNIC Berhad 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, including but not limited to phone number and address, before we accept any orders.
- We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, 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.
- MYNIC reserve the rights to amend or change any of the products or services, price, features and/or packages without prior notice.
Goods and Services Tax (GST)
- GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by MYNIC Berhad, a GST registered company, will include GST charges where applicable.
- Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
Trademarks and Copyrights
Applicable Law and Jurisdiction
- 1.1 In these Terms and Conditions:
- "Buyer" means the person who accepts a quotation of ICHOOSE Store for the supply of Goods or who otherwise enters into a contract for the supply of Goods with ICHOOSE Store;
- "Conditions" mean the general terms and conditions set out in this terms and conditions or (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and MYNIC Berhad;
- "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 MYNIC Berhad is to supply in accordance with a Contract;
- "Writing" includes electronic mail facsimile transmission and any comparable means of communication.
- “ICHOOSE Store” means the platform which belongs to MYNIC Berhad (Co.No. 735031-H), a company incorporated in Malaysia under registration number 983365-K and having its registered Level 3, Block C, Mines Waterfront Business Park, No.3, Jalan Tasik, No.3, Jalan Tasik, 43300 Seri Kembangan, 43300 Seri Kembangan.
1.2 Any reference in these Terms and 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 Terms and Conditions are for convenience only and shall not affect the interpretation of any parties.
- Basis of the Contract
2.1 The supply of Goods by ICHOOSE Store to the Buyer under any Contract shall be subjected to these Terms and 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 ICHOOSE Store’s 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 ICHOOSE Store.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by ICHOOSE Store in its website shall be subject to correction without any liability on the part of ICHOOSE Store.
2.5 ICHOOSE Store may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
- Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and ICHOOSE Store will only be completed upon ICHOOSE Store issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, ICHOOSE Store 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 dispatch. ICHOOSE Store shall furthermore be entitled to require the Buyer to furnish contacts and other verification information, including but not limited to address, contact numbers 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 ICHOOSE Store and on terms that the Buyer shall indemnify ICHOOSE Store 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 ICHOOSE Store as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in ICHOOSE Store’s website at the time which the Buyer makes its offer purchase to ICHOOSE Stores. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to ICHOOSE Store in addition to the price.
- 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 ICHOOSE Store’s website. The terms and conditions applicable to each type of payment, as contained in ICHOOSE Store’s website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in ICHOOSE Store’s 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. ICHOOSE Store 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 issues card due to Foreign Exchange.
5.2.2 Debit Cards
ICHOOSE Store 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
By choosing this payment method, the Buyer shall transfer the payment for the Goods to a ICHOOSE Store’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. ICHOOSE Store, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
For the time being, ICHOOSE Store accepts online bank transfers from banks that registered with MOLPAY (please refer http://www.molpay.com/v3/channel/fpx).
Buyer’s bank will debit the Buyer’s Credit Card account with the monthly instalment payable on a monthly basis, for the duration stipulated. The Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 ICHOOSE Store 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 ICHOOSE Store shall not be liable for any delay in delivery or performance howsoever caused. The standard delivery period is three working days.
6.4 If ICHOOSE Store has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on ICHOOSE Stores, to demand performance within a specified time thereafter, which shall be at least 14 days. If ICHOOSE Store fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim a refund for the expense sustained as a result of ICHOOSE Store’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 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 ICHOOSE Store’s fault) then without prejudice to any other right or remedy available to ICHOOSE Store, ICHOOSE Store may:
6.5.1 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
6.5.2 terminate the Contract and claim damages.
- Risk and property 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 ICHOOSE Store has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until ICHOOSE Store has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by ICHOOSE Store 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 ICHOOSE Store’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with ICHOOSE Store that the Buyer shall immediately notify ICHOOSE Store of any matter from time to time affecting ICHOOSE Store’s title to the Goods and the Buyer shall provide ICHOOSE Store with any information relating to the Goods as ICHOOSE Store may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) ICHOOSE Store shall be entitled at any time to demand the Buyer to deliver up the Goods to ICHOOSE Store and in the event of non-compliance ICHOOSE Store serves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 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 ICHOOSE Store but if the Buyer does so all monies owing by the Buyer to ICHOOSE Store shall (without prejudice to any other right or remedy of ICHOOSE Store) forthwith become due and payable.
7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.8 The Buyer shall indemnify ICHOOSE Store against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of ICHOOSE Stores's rights under this condition.
- Force Majeure
8.1 ICHOOSE Store 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 ICHOOSE Stores's obligations if the delay or failure was due to any cause beyond ICHOOSE Store’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond ICHOOSE Store's reasonable control:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
8.1.4 import or export regulations or embargoes;
8.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of ICHOOSE Store or of a third party);
8.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
8.1.7 power failure or breakdown in machinery.
8.2 Upon the happening of any one of the events set out in Condition 8.1 ICHOOSE Store may at its option:-
8.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
8.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and ICHOOSE Store shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
9.1 On or at any time after the occurrence of any of the events in condition.
9.2 ICHOOSE Store may 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.
9.3 The events are:-
9.3.1 the Buyer being in breach of an obligation under the Contract;
9.3.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
9.3.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets; and
9.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
10.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
10.2 No waiver by ICHOOSE Store 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.
10.3 If any provision of these Conditions is held by any competent authority 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.
10.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
10.5 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, as provided for in Clause 10.7.
10.6 Except as provided for in Clause 10.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLRCA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be in Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
10.7 Notwithstanding Clause 10.6, ICHOOSE Store shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
10.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
10.9 ICHOOSE Store serves their right to amend these terms and conditions of sale at any time.
10.10 Return/Refund or cancellations are not allowed of any perishable goods. To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.