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Acmamall.com provides this service to you subjected to the following notices, terms and conditions. Acceptances of Terms and Conditions by using this site, members agree to be bound by the terms and conditions of Acmamall.com. The laws of Singapore and Malaysia shall govern all contractual issues (in their respective legal jurisdictions) arising from the use of this site.
In addition, all purchases made online with Acmamall.com on its e-commerce site www.acmamall.com are subjected to an additional terms of sale which shall be concluded when the customer reaches the order confirmation page upon selecting the payment mode.
This Contract of Sale between
- ACMAMALL.COM SDN BHD, a corporation, having its business address
at 9151A/B, Jalan Bandar 4, Taman Melawati 53100 Kuala Lumpur,
Malaysia (�Provider�);
AND
- Acmamall member, who has a registered account with Acmamall and identified by his email address and name. (“Customer”)
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TERMS OF AGREEMENT
Acceptance of Terms of Sale
Upon clicking on the proceed button of the payment page of the Acmamall e-store, Customer accepts the terms of sale and is bound to the terms of sale stipulated. The contract of sale is thus dated and timed at the moment of clicking upon the proceed button. The timing of the terms of sale is captured on the order confirmation sent via electronic mail.
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Offer of product
Provider offers Customer the purchase of product items that is shown and available on the Acmamall country e-store at www.acmamall.com.
Customer hereby appoints Provider to provide the following product items stated under the Terms of Sale which is identified by a confirmation order number via the order confirmation page and electronic mail.
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Payment of product
Upon clicking on the proceed button on the payment page, Customer hereby agrees to pay Provider the total amount set forth in the contract of sale and any other mutually agreed charges. This should be paid in the denominated currency that has been stated in the confirmation order.
For orders delivered to Singapore, the purchase price is stated in SGD
currency with no additional prevailing government taxes.
For orders delivered to Malaysia, the purchase price is stated in MYR currency with no additional prevailing government taxes.
For orders delivered to Brunei, the purchase price is stated in BND currency with no additional prevailing government taxes.
For orders delivered to Australia, the purchase price is stated in AUD currency with no additional prevailing government taxes.
For orders delivered to New Zealand, the purchase price is stated in NZD currency with no additional prevailing government taxes.
For orders delivered to Hong Kong, the purchase price is stated in HKD currency with no additional prevailing government taxes.
For orders delivered to all other countries, the purchase price is stated in USD currency with no additional prevailing government taxes.
Provider will not be responsible for any government taxes imposed should there be any imposition on behalf of the respective governments.
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Custom Duties and Levies
Every country has it own set of regulations when handling the items shipped to the country. Some countries may collect customs duties and levies during the custom clearance process of the products. These additional charges had to be borne by the recipient as the charges are imposed by the local customs, which Acmamall does not have any control of. However not every item will attract duties and levies as custom policies vary from country to country. Please contact your local customs office for further details on the charges.
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Service Level Support
Provider will provide the product items stated in the email order confirmation and deliver the items to intended delivery address as stipulated by Customer.
Provider is not responsible for the repair of books, dvds, beauty,
health, magazines, flowers, confectionery, baby toys or any other items sold on Acmamall.com country e-Stores and/or the alteration of the abovementioned items, and/or the repair of unspecified accessories or peripherals attached to the abovementioned items, made necessary by the actions of Customer. Neither Provider nor Customer will be held responsible or liable for delay in furnishing or failure to furnish service where forces beyond the reasonable control of Provider or Customer caused such delay. Any warranty terms will terminate in the event the system or equipment is serviced or modified by any person other than authorized Provider staff.
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Membership
Customer agrees to provide true, accurate, up-to-date and complete information on himself as requested in the “Register with Acmamall” form. The customer also agrees to ensure that personal information is updated from time to time to keep it true, accurate, current and complete. This is essential for the duration of the period the customer intends to purchase with Provider.
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Login name and password
Customer is solely responsible for maintaining the confidentiality of his/her login name and password. Customer is forbidden to reveal his/her password to a 3rd party. The customer is liable for the use of the account, whether it was authorised by the customer himself or not.
In an event whereby the password has been compromised or there has been an unauthorised use of an account, Customer is to contact and notify Provider immediately.
Provider will not be liable for any damage or loss of any kind suffered by the customer as a result of any unauthorised use of Customer login name and password.
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Suspension/Termination of Use
Provider reserves the right to suspend or terminate a customer’s account without notice if the customer had provided Provider with false, misleading or incomplete registration information or if the customer had violated any conditions in this contract. Provider will retain the sole right to determine cases of suspected violation of these rules and any decision it makes in relation to termination of customer’s account shall be final and bidding.
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Promotions
From time to time, Provider will be offering promotions on its product items. Customer is bound to the additional terms and conditions that apply when exercising the right to participate in the promotion. Promotional offers are not binding to Provider outside the period of promotion.
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Cashdollars
Provider issues cashdollars as a reward for purchasing on the Acmamall.com country e-Stores. Customer can use these Cashdollar rebates to offset their future purchases with Acmamall set with the following terms and conditions:
- 1 Cashdollar = Value of 1.00 of the currency of the country
currency it was issued.
- Cashdollars applies to all payment options.
- Cashdollars are issued based on customer purchases on goods only and not on GST, shipping fees, gift wrap or admin charges.
- Cashdollars issued are deposited into a member's goldbox
account.
- Member can use Cashdollars anytime to offset the bill for any
purchases, shipping charges, admin fees, even during promotional
periods without restrictions.
- Cashdollars do not expire.
- Cashdollars are only issued immediately upon successful payment
of order.
- Cashdollars are not issued when a discount code is used.
- Cashdollars are not transferable to other member's goldbox.
- Cashdollars are not exchangeable for real cash.
- Cashdollars must all be used at once if option is exercised. Any balance Cashdollars will remain in the goldbox account.
- Cashdollars can be used in conjunction with any voucher, provided that the voucher meets the minimum requirements to be used.
- Cashdollars can only be redeemed online and cannot be applied to
Acmamall's premium services, eg. Premium
Sourcing, Offline Ordering, Corporate Chapters, Reseller program and any
programs which uses a Discount Code.
- Acmamall reserves the right to withdraw, amend the Cashdollars issued into the member's goldbox account should it have valid reasons to do so.
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Gift e-Vouchers
Provider offers Customer the option of purchasing Gift e-Vouchers online.
Gift e-Vouchers have the following terms and conditions:
- Gift e-Vouchers are transferable between member accounts.
- They have an expiry of 1 year.
- Gift e-Vouchers can be used to offset any purchases in the country e-store it was bought from.
- They have no restrictions and can be used during promotions.
- Multiple Gift e-vouchers can be used along with Refund e-Vouchers.
- Gift e-Vouchers cannot be exchanged for cash and will not be extended after expiry.
- Acmamall.com reserves the right to amend terms and conditions without notice.
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Refund e-Vouchers
From time to time, Customer may be issued refund e-Vouchers due to the unavailability of stocks of previous purchases. Refund e-Vouchers have the following terms and conditions:
- Refund e-Vouchers can be used to offset any purchases in the country e-store it was issued from.
- They have an expiry of 1 year.
- Refund e-Vouchers are not transferable like Gift e-Vouchers.
- They have no restrictions and can be used during promotions.
- Multiple Refund e-Vouchers can be used along with Gift e-vouchers.
- Refund e-Vouchers cannot be exchanged for cash and can be extended after expiry.
- Acmamall.com reserves the right to amend terms and conditions without notice.
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Promotional e-Vouchers
Provider, from time to time, will issue Promotional e-Vouchers during new product launches. Promotional e-Vouchers have the following terms and conditions:
- Promotional e-Vouchers can be used to offset any purchases in the country e-store it was issued from.
- They will have a declared expiry date, usually 2-6 months, depending on the promotion.
- Promotional e-Vouchers are not transferable like Gift e-Vouchers.
- Promotional e-Vouchers cannot be used during promotions.
- Promotional e-Vouchers cannot be exchanged for cash and will not be extended after expiry.
- Acmamall.com reserves the right to amend terms and conditions without notice.
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Discount Code
Provider, from time to time, will provide special discounts off certain product categories or certain product items to the customer base of external parties, eg. Credit card holders. Discount Codes have the following terms and conditions:
- Only 1 discount code may be used at any time.
- Discount code will override any prevailing store discounts, if any, and will not top up the existing discount offered.
- Discount code may only be used by privileged members who have received the discount code offer. For eg. Only Maybank2u Internet Banking customers may use a discount code offered to Maybank2u Internet Banking customers. Any non-entitled member who uses the discount code may be disqualified from his purchase order and will be asked to top up the difference.
- Only Cashdollars, Refund e-Vouchers and Gift Vouchers can be used if the discount code is activated.
- Discount Codes once expired cannot be used.
- Discount Codes cannot be exchanged for cash and will not be extended after expiry.
- Cashdollars will not be issued in that order once a discount code is activated.
- Acmamall.com reserves the right to amend terms and conditions without notice.
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Limitation of Liability
Save in respect of liability for death or personal injury caused through the negligence of Provider, Provider shall not be liable to Customer or any other person for any incidental, direct, indirect, consequential, special or exemplary damages of any kind (including lost revenues or profits, loss of business, goodwill or data, or anticipated savings) in way related to this Agreement, whether in contract or tort, regardless of whether Provider was advised, had other reason to know, or in fact knew of the possibility thereof.
The liability of Provider in any event for any claim under this Agreement whether arising out of breach of contract (including breach of warranty) or tort (including negligence and strict liability) shall in no event exceed the total amount actually paid by Customer to Provider under this Agreement.
This term of sale, unless stated otherwise, is only applicable for
the sale of product items within the countries of Singapore,
Malaysia and Brunei. The Provider will not be held liable for any
products exported out of the country of destination, should the Customer choose to do so.
For Beauty products, Provider imports directly from Hong Kong and
the shipments sent to Customer's address. Customer is liable for any
taxes / tariffs that are imposed by the respective governments.
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Returns and Cancellation of Orders
Provider does not allow the refund/cancellation/exchanges of orders. Goods once accepted are considered sold. Provider will only take back goods that are defective (eg.
missing pages) or orders incorrectly ordered due to incorrect
information given (eg. title ISBN does not tally with that of the order confirmation). If the event of such cases, Customer must inform Provider within 7 days of the discrepancy and Customer will receive a replacement in due course.
In the event of such returns or cancellations, Provider reserves the right to offer Customer either a direct replacement or an alternative version of the item. Should Provider is unable to provide such alternatives, Provider will provide a refund in the form of a credit card chargeback or refund voucher within 30 days of the agreed resolution with Customer.
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Out of Stock on Products Purchases
Provider provides product information on its country e-stores "as is" and "as available" basis. In the event of out-of-stock situation, Provider provides the following remedies:
In the matter of book, beauty and apparel products, Provider will inform Customer of the products being out-of-stock. Customer can choose to wait 6-8 weeks for the product availability, if that option is available, or choose to request for a cancellation of that product order. Please refer to "Returns and Cancellations of orders".
In the matter of floral, confectionery or gift-related products, Provider reserves the right to replace/substitute products of equal or higher value. There will be no refunds unless the substitution is not plausible.
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Fraudulent Behaviour
Provider takes a very serious view on fraudulent behaviour. As a e-Merchant based in Malaysia and Singapore, it will abide by the Computer Misuse Act or any other related laws to pursue any fraudulent behaviour.
Fraudulent Behaviour can consist of the following actions, but not withstanding:
- Use of Acmamall membership accounts which Customer is not the authorized user and uses the accounts privileges, eg. Priority membership privileges, consumption of cashdollars.
- Use of spider-bots to conducts acts which are not genuine in purchasing.
- Unauthorise use of credit cards which do not belong to Customer.
- A minor, defined as below the age of 16, who acts on purchasing on Acmamall.com without parental consent.
Provider will not hesitate to submit a report with the relevant authorities of the law and with our payment gateway providers to investigate the matter. Provider will also carry out any other rights it has under law to pursue any criminal activity discovered on Acmamall.com. top
Delivery Regulations
Provider has outsourced its deliveries to its logistics partners to handle its shipments. A general logistics industry standard for deliveries would be a maximum of 2 visits to the delivery address to get a recipient to receive the parcel. Beyond 2 visits, Customer is liable for any additional charges that may be incurred for a repeated delivery.
Provider cannot be held liable for the failure of delivery of goods should Customer fails to collect the parcel within the 2 stipulated visits agreed between its logistics partners and Customer.
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Privacy Statement
Provider uses information collected from Customer to process specifically for Customer’s order. No information is used for other purposes unless authorized by Customer.
Contact information from the order form is used to send orders to Customer. It is also used to get in touch with Customer to inform them of the delivery status of the book orders. Customer is given the option to opt-out of receive marketing mails in the My Accounts page. Any financial information collected is used to bill the user for products bought from Provider.
No information provided by Customer is given to other unauthorized parties unless authorized.
Provider uses cookies to recognise Customer returning to visit Acmamall. Provider’s cookies do not contain any personally identifying information.
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Type of Information Used and Collected
When an account is created with Provider, Customer provides the following information:
• First and last name
• Email address
• Interest groups
During purchasing, Provider provides the additional following information:
• Credit Card Number
• Delivery Address
• Billing Address
• Titles of items purchased from us
Provider uses this information as follows:
• Fulfillment of orders
• Provision of information for status of item ordered
• To contact via phone or email to inform you of delivery of items ordered
• To email on marketing offers. This is only done if the customer has opted to receive information on interest groups
• To bill customers on orders and track sales figures
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Privacy of Minors
Provider does not collect information from a child without the consent of the child's parent. Before signing up an account with Provider, children under 16 must obtain parent consent.
Provider will not be held liable for any act that is conducted by a minor while using Acmamall e-Stores. It may hold Parents of the minor liable for any actions that is conducted by the minor while using Acmamall e-Stores as defined as fraudulent behaviour.
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Indemnification
The customer agrees to defend, indemnify and hold harmless Provider, its affiliates, employees and agents from and against all claims and expense, including indemnification of legal costs on a full indemnity basis arising out of the customer’s use of Acmamall e-commerce services. This indemnification also covers customer’s breach of alleged breach of any terms in this term of sale.
Disclaimer
The contents of this web site is to provide customers sufficient information about its products and services so that customers can make an informed choice about whether or not to engage in the transaction.
Provider does not take any responsibility or have any proprietory rights of Web sites linking out of Acmamall.com.
However, while Provider will do our utmost to ensure the highest quality from Acmamall E-commerce site and services, Provider does not warrant that the site or services provided will meet all and any of customer’s requirements. In particular, Provider does not warrant that the e-Commerce site or services will always be available, accessible, uninterrupted, timely, secure and error free.
This website and its contents are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, Provider makes no and expressly disclaims all representations or warranties of any kind, expressed or implied, including without limitation to the implied warranties of satisfactory quality, fitness for a general or particular purpose, non-infringement and authenticity of any material or claim, and to any implied warranty arising form the course of dealing or usage of trade.
No oral advice or written information given by Provider or its employees shall be used as a warranty nor shall the customer rely on any such information or advice.
Provider makes no warranty that the contents of the web site are free from infection by viruses or any other malicious works which has contaminating or destructive properties.
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Copyright Statement
All content included on this site, such as text, logos, graphics, button icons, images, audio clips, is the property of Acmamall.com or its content suppliers and protected by Singapore and international copyright laws. Any improper use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content found on Acmamall.com and associate sites is strictly prohibited.
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Provision of data on www.acmamall.com
Acmamall.com will always try our best to provide the latest information to the consumer. However, as we are a distributor and not a publisher of content, Acmamall.com cannot make any warranty on the accuracy of the contents. All content found within the site is presented on an "as is" basis. Acmamall.com shall not be held liable for damages of any kind that might result from the use of this site. Acmamall.com reserves the right to amend the terms and conditions contained within this document without prior notice.
As Provider provides services to various countries, it is the responsibility of Customer to ensure that items purchased from Provider abide by existing tax, censorship and other applicable laws of his country. Acmamall.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Acmamall.com believes that customer conduct violates applicable law or is harmful to the interests of Acmamall.com and its affiliates.
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Electronic Form
This term of sale covers the presumptions under the Electronic Transactions Act 1998 (“ETA”). Provider and Customer agree that the term of sale in electronic form constitutes as a written document and therefore the customer undertakes not to dispute or challenge the validity or enforceability of this term of sale on the grounds that it is not a written document and Acmamall and the customer hereby waive any such right Acmamall may have at law.
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Severability
The provisions of this term of sale are intended to be severable. If for any reason the provisions of this term of sale shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Reference to other jurisdictions in this clause shall not be construed so as to affect the governing law of this term of sale being the laws of Malaysia.
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Entire Agreement
This Contract of Sale, including any attachments, set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. It may be changed only by a writing signed by both parties. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.
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Governing Law and Jurisdiction
This terms of Sale will be governed and construed in accordance
with the laws of Malaysia.
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Amendments to the Terms of Agreement
Provider reserves the right to amend the pricing of products and the terms of sale at any time without notice.
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