These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
A. Terminology
In these terms and conditions, the expression “we”, “us” and “our” are a reference to BEST DENKI MALAYSIA SDN BHD [Company Registration No: 199401022603 (308282-A)].
B. Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time at our absolute discretion without any notice. Amendments will be effective immediately upon publication on this website. Your continued use of this website following such publication will represent an agreement by you to be bound by the terms and conditions as amended.
C. Registering an Account
(1) In order to be able to purchase any goods or services described on this website, you must register an account with us. To register an account, you must complete your registration details in the manner described on this website, namely you are to provide us with:
(a) your name;
(b) your NRIC/Passport number;
(c) your address;
(d) your e-mail address;
(e) your date of birth;
(f) your telephone or contact number;
(g) any other information specified on this website when you register an account with us.
(2) In this regard, please read our Privacy Policy carefully prior to your registration of an account with us. By registering an account with us, you are deemed to have read, understood and consented to our Privacy Policy.
(3) We reserve the right to terminate your account with us at any time if you breach these terms and conditions.
(4) You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
(5) Upon registration, you will be provided with a temporary password and account designation. Upon your login for the first time, you must change your temporary password to the password of your choice.
(6) You should exercise care to protect the password to your account with us. You should not disclose your password to anyone. If you disclose your password to a third party, you shall be responsible for all actions taken in the name of your account with us. If you lose your password or believe that your password or account has been compromised, you should inform us immediately
D. Ordering Procedure
(1) Upon registering an account with us, you may proceed to place an order for the goods or services described on this website for the price specified on this website (“Order”). By placing your Order, you are deemed to make an offer to purchase such goods or services from us.
(2) You may not cancel your Order once it has been submitted.
(3) Subject to:
(a) the availability of the goods or services your ordered; and
(b) our receipt of the full payment for your Order,
your Order will be deemed accepted by us once your Order has been submitted.
(4) We give no undertaking as to the availability of the goods or services advertised on this website.
(5) If the goods or services your ordered are not available after you have placed your Order, we may contact you to offer an alternative goods or services.
(6) If you reject our offer for an alternative goods or services, then your Order will automatically be deemed cancelled.
(7) If your Order is cancelled pursuant to the terms and conditions herein, neither you nor us will be under any further liability to each other arising out of the cancellation of your said Order.
(8) For goods purchased:
(a) title in the goods does not pass to you until payment in cleared fund has been received by us; and
(b) risk of loss or damage to the goods passes to you upon dispatch.
(9) Payment must be effected in the manner described on this website.
(10) The goods or services are offered for sale only to persons who can make legally binding contracts.
(11) When placing your Order, you must choose one of the following delivery options:
(a) Click & Collect; or
(b) To have your Order delivered to you.
Once you have chosen the delivery option, you may not cancel the same.
E. Prices and Payment
(1) Prices of goods or services specified on this website are exclusive of sales and services taxes and delivery charges. In all other respects, the price is exclusive of taxes, duties and charges as may be imposed or levied in Malaysia or overseas in connection with the supply of goods or services (if applicable).
(2) Payment for your Order may be made via the following mode of payment:
(a) credit card;
(b) debit card; or
(c) online banking.
(3) Once you have chosen the mode of payment, you are required to provide us with the details of your credit card, debit card or bank account details.
(4) We must receive full payment in cleared fund for your Order, together with the applicable sales and services tax and the delivery charges, before your Order can be processed unless we have agreed otherwise in advance by writing.
F. Click & Collect
G. Delivery of Order
(1) Unless you have chosen Click & Collect as the delivery option, you will be notified via e-mail on the delivery date and time of your Order.
(2) Delivery will normally take:
(a) between one (1) to seven (7) working days for West Malaysia; and
(b) between ten (10) to twenty one (21) working days for East Malaysia.
(3) We shall not be liable for any loss arising from items being out of stock, or arising from problems with late delivery.
(4) Any request to change the delivery address of your Order must be made via e-mail to [email protected] not later than twenty four (24) hours after you have chosen the delivery option. Kindly note that we will not entertain any request for change of delivery address received outside the aforesaid stipulated time.
H. Cancellation
(1) On Error
(a) You acknowledge that despite our reasonable precautions, goods or services on this website may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight.
(b) If we discover an error in the price or information of your Order, you will be notified of such error accordingly at the soonest possible and you will be given an opportunity to either cancel your Order, or proceed with the purchase of the goods or services at the correct price or information.
(c) If we do not receive any response from you within three (3) days, your Order will automatically be deemed cancelled.
(2) By You
Once you have placed your Order, you are not entitled to cancel your Order save as otherwise provided in these terms and conditions.
(3) By Us
Notwithstanding anything herein contained, we reserve the right to cancel your Order if:
(a) the goods or services are no longer available;
(b) we have not received payment for your Order within three (3) days;
(c) payment information cannot be verified;
(d) the delivery address is incomplete or delivery cannot be made to the address given;
(e) you breach any of these terms and conditions;
(f) any other unforeseen circumstances that lead to cancellation.
(4) Refund on Cancellation
If a payment has been made when a cancellation of this nature occurs, you will be refunded in the manner described on this website.
I. Return/Replacement of Goods
(1) You must check and inspect your goods to ensure that it is not incorrect, damaged or defective within twenty four (24) hours of your Order has been collected or delivered. For the avoidance of doubt:
(a) “incorrect goods” refers to goods that are not in accordance with your Order, or goods that have missing part(s);
(b) “damaged goods” refers to goods that are/have been damaged upon delivery; and
(c) “defective goods” refers to goods that are not functioning or faulty.
(2) Any claim for incorrect, damaged or defective goods defects must be made via e-mail to [email protected] within forty eight (48) hours of your Order has been collected or delivered. We shall not be liable for such claim unless we are notified within the time period specified above.
(3) Such claim shall only be entitled for replacement of such goods. No refund will be given unless the replacement for such goods are out of stock or no longer in production.
(4) Upon you having notified us via e-mail of such incorrect, damaged or defective goods within the time period specified above, you shall return such goods to us within seven (7) days of your Order has been collected or delivered.
(5) All goods must be returned complete and in their original packaging along with all accessories (including manuals, warranty cards, certificate of authenticity) and free gifts received with such goods (if any), unused and in resalable condition. The packaging of such returned goods must also be unmarked and not defaced in any manner.
(6) Any goods returned not in accordance with the instruction specified herein will be rejected and will not be entitled for replacement of such goods.
(7) Upon our receipt of the returned goods, we will inspect and verify that such goods are indeed incorrect, damaged or defective. Once confirmed, we will deliver the replacement goods to you in accordance with the delivery procedures stated herein.
(8) Save as otherwise provided herein, we will not entertain any request for return of goods delivered for any other reason whatsoever including but not limited to any change of mind or the goods were not as expected.
J. Refund
(1) Depending on the mode of payment you have selected when you placed your Order, you will be offered the mode of refund based on your payment mode and may be required to enter additional information.
(2) All refund will depend on our partnering banks and will usually take between seven (7) to fourteen (14) working days.
(3) All refund shall be without interest or compensation. The amount to be refunded shall be the amount actually received by us, and if delivery has been made but unsuccessfully due to the address being incomplete or delivery cannot be made to the address given, such refund shall exclude the delivery charges paid.
K. Installation
We currently do not provide any installation services for any goods ordered from us.
L. Disclaimer
(1) We do not provide any warranty on all the goods purchased from us. All warranties on such goods are provided by the respective suppliers, producers or manufacturers of such goods. All claims for such warranties shall be made directly to such suppliers, producers or manufacturers of such goods.
(2) We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
(3) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty (save where it relates to the condition or warranty made by the supplier, producers or manufacturers of goods, which will be fulfilled by such suppliers, producers or manufacturers) will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of such goods, or the supply of an equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of, replacing such goods, or of acquiring an equivalent goods;
(iv) the payment of the cost of having such goods repaired; and
(b) if the breach relates to services:
(i) the supplying of such services again; or
(ii) the payment of the cost of having such services supplied again.
(3) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect any such loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website, or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
M. Exception to Disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
N. Specific Warnings
(1) You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
(2) You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
(3) For the avoidance of doubts, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
(4) Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
(5) Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services and each advertiser is solely responsible for any representations made in connection with its advertisement. We do not accept responsibility or liability of any nature for the contents of such advertisements nor for the correctness or accuracy of such information as contained in such advertisements.
(6) We make no warranty that goods acquired from us over this website will meet your requirements. We also make no warranty as to the quality or fitness for any particular purpose of such goods acquired from us over this website.
(7) Details contained on this website relating to goods or services have been prepared in accordance with Malaysian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Malaysia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
(8) You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmission or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a results of such activity.
(9) All photographs or images of goods on this website are merely for illustrative purposes only and may not reflect the actual goods themselves.
O. Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Malaysian Copyright Act 1987 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(1) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(2) commercialise any information, products or services obtained from any part of this website,
without our written permission, which permission may be withheld or delayed at our absolute discretion.
P. Trade Marks
(1) Except where otherwise specified, any word or device to which is attached ™ or ® symbol is a registered trade mark.
(2) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our activities, products or services (including this website).
Q. Restricted Use
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
R. Linked Websites
(1) This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
(2) We are not responsible for the content or privacy practices associated with linked websites.
(3) Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
S. Termination of Access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
T. Governing Law
These terms and conditions are governed by the laws in force of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
U. General
(1) We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
(2) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(3) If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.