SHIPPING & RETURNS
- “Buyer” means the person who purchases Goods on the Website;
- “Conditions” means the terms and conditions set out herein;
- “Contract” means the contract that is entered into when the Company accepts an order placed by a Buyer on the Website for the purchase of Goods sold by the Company;
- “Company” means HMT Marketing Sdn Bhd (Company Registration No. 200801004189) (Company No. 805473-U);
- “Facebook Messenger” shall refer to the messaging platform provided by Facebook, Inc.;
- “Goods” means the goods made available for sale by the Company on the Website, whereby the Buyer may purchase such goods in accordance with the Conditions;
- “Services” means the use of any services, information and/or functions made available by the Company on the Website;
- “Website” means [www.hmt.com.my];
- “Writing” includes electronic mail, facsimile transmission and any comparable means of communication.
1.2 Any reference in these Conditions to any provision of statue shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 The Website provides a platform for the sale of Goods between the Company and the Buyer (collectively the “Parties” and individually, a “Party”).
- the Buyer has placed an order on the Website for the purchase of Goods, and the Company has accepted the same; or
- the Buyer has placed an order through Facebook Messenger for the purchase of Goods, and the Company has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Company.
2.3 Order acceptance by the Company of an order shall be indicated by:-
- display of a confirmation from the Website that such order has been confirmed; or
- display of a confirmation on Facebook Messenger by the Company that such order has been confirmed, and shall only be completed upon the Company issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, the Company 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. The Company shall furthermore be entitled to require the Buyer to furnish the Company with contact and other verification information, including but not limited to address and contact numbers prior to issuing a confirmation of dispatch.
2.4 Any information made available on the Website in 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 (“Information”) are not binding and for information purposes only. The Company endeavors to supply, to its best efforts, Information on an as is basis as furnished to the Company by the respective manufacturers and/or suppliers of the Goods. 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 so provided.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by the Company on the Website shall be subject to correction without any liability on the part of the Company.
3.1 The Buyer may purchase Goods by placing and completing the order form on the Website and/or through the usage of the Facebook Messenger and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Company’s acceptance in its sole discretion and each order accepted by the Company shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon confirmation by the Company. The Company shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which the Company shall endeavor (but not be obliged) to give effect to on a commercially reasonable effort basis.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from the Company and on terms that the Buyer shall indemnify the Company 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 the Company as a result of the modification or cancellation, as the case may be.
4.1 The price of the Goods shall be the price stated on the Website at the time which the Buyer places and completes the order form on the Website and/or the price quoted by the Company on Facebook Messenger at the time which the Buyer places an order thereupon. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to the Company in addition to the price, but it excludes the delivery charges.
5.1 The Buyer shall be entitled to make payment for the Goods for orders made vide the Website using the various payment methods made available on the Website, if applicable, or if an order is made vide Facebook Messenger, by way of a bank transfer to the bank account provided by the Company to the respective Buyers on Facebook Messenger. Where a Buyer places an order on the Website, actual payment shall be only charged upon the Company’s acceptance of Buyer’s order and the formation of a Contract.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order vide the Website or Facebook Messenger, where applicable, depending on the platform to which the order is made, and the delivery rates are as follows:-
- RM6.00 for delivery within Peninsular Malaysia;
- RM10.00 for delivery to East Malaysia; or
- Free for purchases (in a single order) over RM80.00.
6.2 Delivery of the Goods shall be made vide any of the following delivery platforms (“Delivery Partners”):-
- EasyParcel; or
- Poslaju; or
6.3 Any dates quoted for delivery of the Goods are provided by the Delivery Partners and are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and the Company shall not be liable for any delay in delivery or performance howsoever caused.
6.4 Where a cancellation of an order has been made, and the Goods have been delivered to the Buyer even after such cancellation, the Buyer shall immediately notify the Company of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. The Company shall be entitled at any time to demand the Buyer to deliver up the Goods to the Company and in the event of non-compliance the Company reserves its 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.
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 an error directly attributable to the Company) then without prejudice to any other right or remedy available to the Company, the Company 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 All Goods sold on the Website and/or vide Facebook Messenger is covered under the return policy as set out herein in the Conditions (“Return Policy”). Buyer may initiate the returns process by communicating with the Company through the Website.
7.2 Buyer may apply to return the purchased Goods to the Company by:-
- for purchases made on the Website, by completing the online return form situated on the Website; or
for purchases made vide Facebook Messenger, by making a request for return of the purchased Goods vide Facebook Messenger to the Company. The request shall be made in the following order of priority:-
- by submitting a photo of the product accompanied by an explanation of what is faulty with the product;
- the Company will then conduct an initial screening of the photo and explanation and at its sole discretion agree to the accept or reject the request. If the Company accepts the request, the following step (iii) shall apply;
- the Buyer shall proceed to arrange for the return of the said product to the Company for inspection. If the Company at its sole discretion agrees that the product is indeed in a faulty condition, the following step (iv) shall apply. In the event the Company at its sole discretion deems that the product is not in a faulty condition, the Company shall inform the Buyer accordingly and the Buyer can opt to have the same product returned to the Buyer with delivery costs borne by the Buyer, or to purchase a replacement product, with all costs thereto borne by the Buyer;
- the Company shall arrange for delivery of a new product of the same make and model to the Buyer.
Buyer shall ensure that the purchased Goods are returned to the Company within 10 business days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. For the purpose of the Conditions, business days shall refer to day to which the Company is open for business.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:-
- if there is a manufacturing defect; and/or
- if there is a malfunction upon installation of the Goods.
7.4 All return applications will be processed and acceptance of such applications are subject to the sole discretion of the Company.
8.1 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 the Company has tendered delivery of the Goods.
8.2 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 the Company has received in cash or cleared funds payment in full of the price of the Goods. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.3 The Buyer agrees with the Company that the Buyer shall immediately notify the Company of any matter from time to time affecting the Company’s title to the Goods and the Buyer shall provide the Company with any information relating to the Goods as the Company may require from time to time.
8.4 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), the Company shall be entitled at any time to demand the Buyer to deliver up the Goods to the Company and in the event of non-compliance the Company reserves its 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.
8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all moneys owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
8.6 The Buyer shall indemnify the Company against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of the Company’s rights under this condition.
9.1 Without prejudice to any other right of termination elsewhere in these Conditions, the Company may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:-
- the Goods under the Contract being unavailable for any reason; and/or
- the Goods under the Contract has been mispriced on the Website and/or in the price originally quoted by the Company on Facebook Messenger.
10.1 The Company warrants as follows:-
- No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they 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 the Company.
- Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
- The Company does not give any warranty as to the quality state condition or fitness of the Goods.
- The Company 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, addition and insertion of parts, in particular of spare parts which do not come from the Company.
- The Company 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, misuse or alteration or repair of the Goods.
- The Company 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 and the Buyer shall indemnify the Company against each loss liability and cost arising out of such claims.
- The Company 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.
- The Company shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of a period of twelve (12) months from the date of receipt of the Goods by the Buyer (“Warranty Period”).
11.1 In no event shall the Company be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if the Company had been advised by the Buyer of the possibility of incurring the same.
11.2 Notwithstanding any other provision of these Conditions, the Company’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to the Company under such Contract, and if a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.3 No action shall be brought against the Company later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to the Company, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.2 No waiver by the Company 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. Further, the Company’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.3 If any provision of these Conditions is held by any competent authority to be illegal, 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.
12.4 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.
12.5 Notwithstanding any other provision in these Conditions, the Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.6 The Company may, through the Website or by such other method of notification as the Company may designate, vary the terms and conditions of these Conditions, such variation to take effect on the date the Company specifies through the above means. If the Buyer uses the Website or makes an order after such date, the Buyer is deemed to have accepted such variation.
12.7 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.8 The Company reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Company deems appropriate.