Terms & Conditions
1.1 Welcome to the AsiaEBuy platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a AsiaEBuy account ("Account") so that you are aware of your legal rights and obligations with respect to ASIAEBUY SDN. BHD (Company Registration No. 201701003939 [1218104 -U] and its affiliates and subsidiaries (individually and collectively, "AsiaEBuy", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by AsiaEBuy client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by AsiaEBuy.
BY USING ASIAEBUY SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2.1 In these Terms and Conditions "Seller" means AsiaEBuy and "Buyer" means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
2.2 By browsing the Website, or placing an Order, Buyer agrees to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Seller and Buyer for the supply of Products.
2.3 The Agreement together with the Order constitute the entire agreement between Seller and Buyer for the supply of Products. The Agreement cannot be varied unless Seller agrees to vary it in writing or by email.
3. Legal Capacity
If Buyer is under the age of eighteen (18) years, the Buyer cannot place Orders with AsiaEBuy. By accepting this Agreement, Buyer acknowledges that Buyer is over the age of eighteen (18) years.
4. Website Use
4.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Seller is not responsible for the content or privacy practices associated with linked web sites.
4.2 Buyer must ensure that the access to, or use of the Website is not illegal or prohibited by laws which apply to Buyer.
4.3 Buyer must take own precautions to ensure that the process for accessing the Website does not expose Buyer to risk of viruses, malicious computer code or other forms of interference which may damage the computer system. Seller takes no responsibility for any such damage which may arise in connection with the use of the Website.
5. Limited License
5.1 AsiaEBuy grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of AsiaEBuy and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
5.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with AsiaEBuy. You acknowledge that AsiaEBuy may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
6.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Seller, the price of the Product cannot be varied.
6.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
7. Product Specifications
7.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, Seller will not materially change the features and specifications of a Product once an Order has been accepted by Seller.
7.2 All weights and dimensions of Products described in the Website are approximate.
8. Order and Payment
8.1 Payment for Orders will be processed immediately upon confirmation of the Order. AsiaEBuy requires upfront payment before processing the order(s).
8.2 Despite best efforts, on occasion it may be possible that a small number of the Products in the range may be incorrectly priced on the Website. If the price is incorrect, Seller may cancel the Order and refund the payment to the Buyer.
9. AsiaEBuy Coins Reward System
9.1 Users may earn loyalty points (“AsiaEBuy Coins”) by buying merchandises on the Site using the AsiaEBuy Guarantee system or through participation in other AsiaEBuy activities as AsiaEBuy may from time to time determine (“Eligible Activities”) based on the conversion rate determined by AsiaEBuy in its sole discretion. Generally, AsiaEBuy Coins will be credited to a User’s Account upon the completion of a successful transaction or activity approved by AsiaEBuy. You are eligible to participate in the AsiaEBuy Coins reward system if you are a User and your Account does not expressly exclude you from participation.
9.2 Transaction not completed on the Site using AsiaEBuy Guarantee do not qualify for the AsiaEBuy Coins reward system. AsiaEBuy may at its sole discretion exclude categories of items from the AsiaEBuy Coins reward system.
9.3 AsiaEBuy Coins credited to Buyers have no monetary value, do not constitute Buyer’s property and cannot be purchased, sold, transferred or redeemed for cash by Buyer.
9.4 Subject to AsiaEBuy rules and regulation as determined, varied or modified by AsiaEBuy from time to time, subject to any cap imposed by AsiaEBuy at its sole discretion, User may redeem AsiaEBuy Coins by sending a request to AsiaEBuy and use AsiaEBuy Coins to offset the purchase price of selected items when making purchases on the Site as advised by AsiaEBuy from time to time. All refunds will be subject to AsiaEBuy’s Refunds and Return Policy under Section 12.
9.5 The AsiaEBuy Coins you redeem will be deducted from your AsiaEBuy Coins balance. Each AsiaEBuy Coins comes with an expiry date. Do check your account details on the Site for AsiaEBuy Coins balances and expiry date.
9.6 From time to time, we may tell you that bonus AsiaEBuy Coins will be awarded for particular Eligible Activities. This may include but is not limited to purchases you make at participating Sellers or pursuant to specific promotional offers. We will notify you of the terms of such bonus awards if any from time to time.
9.7 If you have a dispute in relation to the number of AsiaEBuy Coins which you have been awarded in respect of an Eligible Activity, such a dispute must be made within one (1) month from the date of the Eligible Activity. We may require you to provide evidence to support your claim.
9.8 AsiaEBuy gives no warranty and accepts no responsibility as to the ultimate tax treatment of AsiaEBuy Coins. You will need to check with your tax advisor whether receiving AsiaEBuy Coins affects your tax situation.
9.9 AsiaEBuy reserves the right to (i) discontinue the AsiaEBuy Coins Reward System at any time at its sole discretion and (ii) cancel or suspend a User’s right to participate in AsiaEBuy Coins Reward System, including the ability to earn and redeem AsiaEBuy Coins at its sole discretion.
10. Delivery And Ownership Of The Goods
10.1 Seller tries to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors out of control may result in delays. AsiaEBuy does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
10.2 The lead time listed on the Website is the estimated date of delivery by AsiaEBuy.
10.3 AsiaEBuy will not deliver Products to PO Box addresses.
10.4 The couriers or postal services nominated by AsiaEBuy will deliver Products during local business hours.
10.5 AsiaEBuy shall not be liable for any inaccuracy of information provided to Buyer.
10.6 AsiaEBuy reserves the right to not ship to remote or rural locations.
11. Faulty Or Damaged Goods
11.1 AsiaEBuy will repair, replace or refund faulty or damaged Products. Please contact AsiaEBuy Customer Service.
12. Refunds And Returns
12.1 All goods sold are not returnable except the product is not as described on Website or an error was made processing the Order.
12.2 The returned product(s) must be returned in their original packaging with all accessories.
12.3 It is the Buyer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
13.1 Standard warranty for equipment (excluding accessories and consumables) sold on the Website is covered by a 12 month from date of Invoice, unless otherwise specified.
13.2 The warranties do not apply to products that have been stored or assembled incorrectly, used inappropriately, abused, misused, altered, or cleaned with wrong cleaning methods or wrong cleaning products.
13.3 The warranties do not cover normal wear and tear, cuts or scratches, or damage caused by impacts or accidents.
13.4 The warranties do not cover consequential or incidental damages.
13.5 Warranties are to the benefit of the original purchaser of the product. They are not transferable.
14.1 To the extent permitted by law, AsiaEBuy will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to Buyer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by Buyer to Seller in respect of the Product(s) in question.
15. Intellectual Property
15.1 All Intellectual Property in any Material on the Website is the property of AsiaEBuy.
16. General Provisions
16.1 AsiaEBuy reserves all rights not expressly granted herein.
16.2 AsiaEBuy may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
16.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
16.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and AsiaEBuy, nor does it authorise you to incur any costs or liabilities on AsiaEBuy’s behalf.
16.5 The failure of AsiaEBuy at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
16.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for AsiaEBuy's affiliates and subsidiaries (and each of AsiaEBuy's and its affiliates' and subsidiaries' respective successors and assigns).
16.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
16.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
16.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please contacts us at: firstname.lastname@example.org .
LEGAL NOTICES: Please send all legal notices to email@example.com and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.