We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the “Terms and Conditions”) apply to jayamartmalaysia.com (the “Site”) and form the terms and conditions on which we supply products and services to you. Please read through the Terms and Conditions prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the Terms and Conditions.
Information About Us
We are Pasar Borong Jaya Sdn Bhd (“we”, “us”, “JayaMartMalaysia.com“), a company registered in Malaysia. Our company registration number is 1365351A and our registered office is at at Level 27 Penthouse, Centrepoint North, Mid Valley City, 59200 Kuala Lumpur, Malaysia. You can contact us by writing to us at firstname.lastname@example.org
Accessing And Using The Site
As a condition of your access to and/or use of the Site, you warrant that:
- all information supplied by you on the Site is accurate, current and complete;
- you are 18 years of age or older in order to access and/or use the Site; and
- you will not copy or distribute any part of the Site in any medium without JayaMartMalaysia.com‘s prior written authorization.
- You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You agree and undertake not to:
- use the Site for illegal purposes;
- impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
- post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
Links To Third Party Sites
We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
Intellectual Property Rights
Warranties And Liability
- life or wear of any Product or that it 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 JayaMartMalaysia.com, to the extent permissible under applicable law;
- improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
- third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
- any warranties provided under these Terms and Conditions if the total price for the Product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any Product purchased from the Site is processed by third party payment system providers and email@example.com does not retain or process any such payment information. JayaMartMalaysia.com cannot guarantee the security of such third party payment system(s) or any payment data on the Site, JayaMartMalaysia.com is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, JayaMartMalaysia.com is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve JayaMartMalaysia.com from any and all liability in connection with the acts, omissions or defaults of such third parties. To the extent that any exclusion of liability under these Terms and Conditions is not permitted by law, the aggregate cumulative liability of JayaMartMalaysia.com and our affiliates under any Order shall in any event not exceed the sum that you have paid to us for the sale of products under that Order.
We shalll determine in our sole discretion whether there has been a breach of these Terms and Conditions through your use and/or access of the Site. When a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate, including:
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site; and/or
- Issuing a warning to you; and/or
- Commencing legal proceedings against you for loss resulting from your breach; and/or
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
Orders & Payments
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms and Conditions (an “Order”). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
The price payable by you for the Product shall be the price of the Product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any Product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all unpaid orders will be cancelled automatically after an hour. In the event that any Product has been mispriced on the Site, we reserve the right to terminate the Order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you.
We accept all major credit cards.
Product Description And Defects
We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
If you have received a defective item, you have to email to us at firstname.lastname@example.org with your order number, and a photograph of the defect.
Postage or transportation fees will be reimbursed for all items acknowledged to be defective. All defective items are to reach our store at the postal address of NO. 22 (G FLOOR 1ST FLOOR) JALAN LJ5, TAMAN INDUSTRI LEMBAH JAYA, 68000 AMPANG, SELANGOR the same day or the following day from the delivery date for local Malaysia orders. Items must be unworn, unwashed and with its tags intact (if any). If the replacement piece is no longer in-stock, store credit (if applicable) or a refund will be issued provided that the amount of such refund shall not exceed the sum that you have paid to us for the sale of products under that Order.
We do not accept or entertain return for items that are duly-delivered except the said items are defective OR wrongly-sent.
If you believe you have received the wrong item, contact us at email@example.com with your order number, and a photograph of the item. You shall re-delivery the item back to us the same day or the following day, for which your postage or transportation costs will be reimbursed. Please note that items must be unworn, unwashed, unaltered, and with its tags intact (if any). If the correct item is no longer in-stock, store credit (if applicable) or refund will be issued instead provided that the amount of such refund shall not exceed the sum that you have paid to us for the sale of products under that Order.
Orders are processed and dispatched from our warehouse to our delivery partner within an estimated 3-5 working days for Klang Valley areas. Our local delivery partner shall deliver the Product to the address specified in your Order.
If delivery of your Product is delayed, we will inform you accordingly and the Product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
Failure to accept or take The Products
However, without prejudice to any other right or remedy available to us, we may terminate your Order on our sole discretion if you fail to take delivery of the Product and do not make any effort to take possession of the said products or items on the same day. Upon such termination, you shall have no right to demand from us the refund of the sum that you have paid to us for the sale of products or items under that Order.
In the event you request us for further delivery, you shall pay us additional charges for storage cost (if any) and further delivery costs.
When You Become Responsible For The Product
- You do not make payment to us when it is due;
- You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the Product (e.g. delivery address);
- You do not, within a reasonable time, allow us to deliver the Product to you;
- If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
Returns, Replacements and Refunds: Notwithstanding anything to the contrary, JayaMartMalaysia.com shall only accept returns or grant replacements or refunds for defective or incorrect items on the condition that the items being returned, replaced or refunded were purchased from the Site. Purchases of items other than from the Site are not eligible for returns, replacements or refunds under these Terms and Conditions.
No Relationship: Neither these Terms and Conditions nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and JayaMartMalaysia.com.
Assignment: You may not assign these Terms and Conditions or any rights or obligations under these Terms and Conditions to any party.
Waiver & Severability: The failure of JayaMartMalaysia.com to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
Governing Law: These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malaysia. Any claim or dispute arising out of or relating to these Terms and Conditions and/or your access to and/or use of the Site which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Malaysia.
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our Terms and Conditions for the Site, we will post the revised Terms and Conditions here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our Terms and Conditions. Your continued use of the Site indicates your assent to the Terms and Conditions as posted.