Welcome to the lazada.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, E-Cart Services Sdn Bhd (950035-M), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Lazada” means E-Cart Services Sdn Bhd, a company incorporated in Malaysia under registration number 983365-K and having its registered address at Unit C-12-4, Level 12, Block C, 12 Megan Avenue II, Jalan Yap Kwan Seng, 50450 Kuala Lumpur, Malaysia. Lazada is subsidiary owned by Jade 1362. GmbH & Co. Zweite Verwaltungs KG, a company registered in Germany. International credit card payments that you make through the site will be processed by our payment service provider, a company registered in the Netherlands.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Rocket Internet Malaysia (950035-M), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of Lazada for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Lazada;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Lazada;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which Lazada is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“Lazada” means E-Cart Services Sdn Bhd, a company incorporated in Malaysia under registration number 983365-K and having its registered address at Lot 6.05, Level 6, KPMG Tower, 8 First Avenue, Bandar Utama, Petaling Jaya, Selangor, Malaysia.
“DCR” means DCR Marketing Sdn Bhd, a company incorporated in Malaysia under registration number 718792-P and having its registered address at C-3-33A & C-3-33, 3rd Floor, Blok Camilia, 10 Boulevard, Lebuhraya SPRINT, PJU6A, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by Lazada to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in Lazada’s website 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, are not binding and for information purposes only. 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 not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Lazada.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Lazada in its website shall be subject to correction without any liability on the part of Lazada.
2.5 Lazada may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and Lazada will only be completed upon Lazada issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Lazada 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. Lazada shall furthermore be entitled to require the Buyer to furnish Lazada with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Lazada and on terms that the Buyer shall indemnify Lazada 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 Lazada as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in Lazada’s website at the time which the Buyer makes its offer purchase to Lazada. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Lazada in addition to the price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Lazada’s website. The terms and conditions applicable to each type of payment, as contained in Lazada's website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in Lazada’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. Lazada accepts all Visa and MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
Lazada accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Lazada’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Lazada, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, Lazada accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
5.2.4 Instalment Payments via Credit Card
i. Only Buyers making payment for Goods by means of a credit card issued by Maybank or any other instalment payment partner banks which we may inform from time to time shall be entitled to participate in the 6 and 12 months instalment payment plan, as provided for herein below (“Entitled Buyer(s)”).
ii. Entitled Buyers making minimum purchases of RM500 will be entitled to apply to make payment for the Goods via the 6 months Easy Pay Instalment Scheme whereas Entitled Buyers making minimum purchases of RM1,000 will be entitled to apply to make payment for the Goods via the 12 months Easy Pay Instalment Scheme, subject to a maximum purchase of RM50,000.
iii. For the purposes of this Condition, the instalment payment plan set out in Conditions 5.2.4 (i) and (ii) above shall collectively be referred to as “Credit Card Instalments”.
iv. When the Entitled Buyer purchases Goods and makes payment for the same via Credit Card Instalments, the transaction shall be handled by DCR. Each Entitled Buyer would receive a call from DCR for verification and approval. An Entitled Buyer shall only be entitled to purchase Goods via Credit Card Instalments upon verification and approval by DCR.
v. While an approval for a Credit Card Instalments transaction is subject to the Entitled Buyer’s available balance and credit availability on his/her credit card account, DCR also shall retain absolute discretion in granting its approval to any credit card transaction.
vi. When entering into a credit card transaction for the purchase of Goods via Credit Card Instalments, DCR’s name would be shown as the selling merchant in the Entitled Buyer’s credit card statement.
vii. When an Entitled Buyer makes an application to Lazada for the payment of Goods via Credit Card Instalments and upon approval of the application by DCR, as provided for herein above, the Buyer’s bank will debit the Entitled Buyer’s credit card account with the instalment payable on a monthly basis, for the duration stipulated. The Entitled Buyer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Goods, which will not be available to Entitled Buyer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made.
viii. Each Credit Card Instalments may be charged a processing fee by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.
ix. If the Entitled Buyer decides to cancel his/her orders 24 hours after the relevant order has been confirmed and prior to shipment, Lazada shall be entitled to impose a minimum of 15% of the total amount of the purchase price of the relevant Goods and the processing fee as administrative fees, in addition to the transaction fees charged by the relevant instalment payment partner banks. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Entitled Buyer.
x. In the event of cancellation of the Entitled Buyer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Goods shall become immediately due and payable. Insofar as is possible, this outstanding sum shall be debited to the Entitled Buyer’s credit card without further reference payable by the Entitled Buyer.
xi. When the Entitled Buyer chooses to make payment for purchase of Goods via Credit Card Instalments, Lazada’s 14-Days Return Policy will no longer be applicable and the Entitled Buyer will no longer be allowed to return any items unless it is damaged to which the item shall be replaced or refunded for the amount paid. Such replacement or refund will not affect or interrupt the Credit Card Instalments. No returns for “change of mind” reason will be valid for Entitled Buyers that choose to make payment for the Goods via Credit Card Instalments.
5.2.5 Cash On Delivery
Cash on Delivery (Pay cash upon delivery) is available within the region of Klang Valley, Penang and Johor Bahru against a fee of RM 5 per order. Lazada reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
5.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Lazada, Lazada shall be entitled to:
5.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.3.2 charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Lazada has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Lazada shall not be liable for any delay in deliv-ery or performance howsoever caused.
6.4 If Lazada has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on Lazada, to demand performance within a specified time thereafter, which shall be at least 14 days. If Lazada fails to do so within the specified time, the Buyer shall be entitled to terminate the Contractin respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of Lazada’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
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 Lazada's fault) then without prejudice to any other right or remedy available to Lazada Lazada may:
6.5.1 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
6.5.2 terminate the Contract and claim damages.
7. Risk and property of the Goods
7.1 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 Lazada has tendered delivery of the Goods.
7.2 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 Lazada has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Lazada to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Lazada's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with Lazada that the Buyer shall immediately notify Lazada of any matter from time to time affecting Lazada’s title to the Goods and the Buyer shall provide Lazada with any in-formation relating to the Goods as Lazada may require from time to time.
7.5 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) Lazada shall be entitled at any time to demand the Buyer to deliver up the Goods to Lazada and in the event of non-compliance Lazada reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 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 Lazada but if the Buyer does so all moneys owing by the Buyer to Lazada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.
7.8 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.9 The Buyer shall indemnify Lazada against all loss damages costs expenses and legal fees in-curred by the Buyer in connection with the assertion and enforcement of Lazada's rights under this condition.
8. Warranties and Remedies
8.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
8.2 Subject to this Condition 8, Lazada warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Lazada further gives to the Buyer such implied warranties as cannot be excluded by law.
8.2.1 Lazada’s above warranty concerning the Goods is given subject to the following conditions:
(a) 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 Lazada.
(b) 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.
(c) Lazada binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Lazada's opinion in that behalf. Lazada does not give any warranty as to the quality state condition or fitness of the Goods.
(d) Lazada 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 de-fects, alteration of the Goods without the prior agreement of Lazada, addition and insertion of parts, in particular of spare parts which do not come from Lazada.
(e) Lazada 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, failure to follow Lazada's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Lazada's approval.
(f) Lazada 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 without Lazada’s prior written approval and the Buyer shall indemnify Lazada against each loss liability and cost arising out of such claims.
(g) Lazada 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.
(h) Lazada shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
8.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Lazada within seven days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Lazada shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Lazada had contracted to deliver.
8.2.3 If the Buyer does not give due notification to Lazada in accordance with the Condition 8.2.2, Lazada shall have no liability for any defect or failure or for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Lazada in accordance with Condition 8.2.2, the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Lazada may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Lazada.
8.2.4 When Lazada has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Lazada’s property.
9. Force Majeure
9.1 Lazada shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of Lazada's obligations if the delay or failure was due to any cause beyond Lazada's reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Lazada's reasonable control:
9.1.1 Act of God, explosion, flood, tempest, fire or accident;
9.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
9.1.4 import or export regulations or embargoes;
9.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Lazada or of a third party);
9.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
9.1.7 power failure or breakdown in machinery.
9.2 Upon the happening of any one of the events set out in Condition 9.1 Lazada may at its option:-
9.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
9.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and Lazada shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
10. Insolvency of Buyer
10.1 This condition applies if:
10.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
10.1.3 the Buyer ceases - or threatens to cease - to carry on business; or
10.1.4 Lazada reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
10.2 If this condition applies then without prejudice to any other right or remedy available to Lazada, Lazada shall be entitled to cancel the Contract or suspend any further delivery/performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Lazada, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
12.1 Lazada shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, Lazada’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.
12.2 Lazada shall be under no liability whatsoever where this arises from a reason beyond its reasona-ble control as provided in Condition 9 or from an act or default of the Buyer.
12.3 In no event shall Lazada 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 Lazada had been advised of the possibility of the Buyer incurring the same.
12.4 Where time of performance has been agreed by Lazada becomes the essence of the Contract by means of notice by the Buyer to Lazada, as provided for in Clause 6.4, and Lazada fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, Lazada’s liability shall be limited to an amount of ½% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.
12.5 The remedies set out in Condition 8 are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods or Services and Lazada’s liability for the same shall be limited in the manner specified in Condition 8.
12.6 Without prejudice to the sub-limits of liability applicable under this Condition 12 or elsewhere in these Conditions, Lazada’s maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total Contract price.
12.7 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.
12.8 No action shall be brought by Lazada 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.
13.1 On or at any time after the occurrence of any of the events in condition 13.2 Lazada may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
13.2 The events are:-
13.2.1 the Buyer being in breach of an obligation under the Contract;
13.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
13.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
13.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
14.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
14.2 No waiver by Lazada 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.
14.3 If any provision of these Conditions is held by any competent authority to be 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.
14.4 No person who is not a party to this Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.2.
14.5 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, as provided for in Clause 14.7.
14.6 Except as provided for in Clause 14.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
14.7 Notwithstanding Clause 14.6, Lazada shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
14.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
14.9 Lazada reserves their right to these terms and conditions of sale at any time.
14.10 Milk formula products are returnable except for "change of mind" request. You are to ensure that product is not opened, as otherwise it will not be accepted for return.
14.11 Return/Refund or cancellations are not allowed of any perishable goods.To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.
LAZADA GIFT CARDS TERMS AND CONDITIONS
1.1. These Lazada Gift Card Terms and Conditions (the “Gift Cards Terms”) apply to Lazada digital gift cards (the “Gift Card(s)”).
1.4. Where the Customer provides us with personal data pertaining to a third-party for fulfillment purposes of the Gift Card or otherwise, the Customer hereby confirms on behalf of said third-party that he/she has agreed to the sharing of his/her personal data with Lazada.
1.5. The Customer should refer to the Product Details Page (as defined below) for specific terms and conditions and expiry dates.
2. Redeeming Gift Cards
2.1. Gift Cards cannot be used to purchase other Gift Cards, insurance products and any other product prohibited by law or Lazada.
2.2. If the value of an Order exceeds the value of the Gift Card, any outstanding Order balance must be paid using a different payment method.
2.3. If the value of an Order is less than the value of the Gift Card, the remaining Gift Card balance will be forfeited.
2.4. Unless otherwise stated in the Products Details Page, the Gift Cards shall remain valid for a period of six (6) months from the date of issuance.
2.5. Gift Cards may not be transferred for something of value.
2.6. Additional instructions on how to redeem a Gift Card are made available on the product details page of the relevant Gift Card, under lazada.com.my website (the “Product Details Page”).
3. Loss or Theft of Gift Cards
3.1. Once purchased, the Customer shall be solely responsible for the safety, use and possession of the Gift Card, including accompanying digital or pin codes and the Gift Cards that are lost or stolen shall not be replaced.
4. Customer’s Obligations
4.1. The Customer acknowledges and agrees that:
4.1.1. Gift Cards can only be redeemed within the period specified on the Product Detail Page;
4.1.2. Gift Cards cannot be redeemed on certain black-out dates or promotion dates specified by Lazada;
4.1.3. The Customer shall not use Gift Card(s) or permit the use of Gift Card(s) in any manner which may adversely affect other Customers’ use of Gift Card(s) and/or any other Service provided to such Customers, as Lazada may reasonably determine;
4.1.4. Gift Cards are offered to the Customer on an “as is” basis;
4.1.5. The Customer is responsible for all information the Customer submits, transmits or otherwise make available during the purchase or redemption of any Gift Card;
4.1.6. To such extent permitted by applicable laws, Lazada expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Gift Cards;
4.1.7. To the fullest extent permitted by law, Lazada excludes all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to.
5. Refunds, Exchange and Cancellations
5.1. All exchanges and refunds for merchandise purchased with Gift Cards will be made in accordance with Lazada refund policy. Unless the Gift Cards are otherwise unusable and faulty due to the act or omission of Lazada, any Gift Cards bought cannot be returned, refunded, or cancelled on the Customer’s request after purchase.
5.2. Issued Gift Cards cannot be exchanged for cash.
5.3. Replacement of the Gift Card may be allowed, at Lazada’s sole discretion, if there is a systemic failure caused by an act or omission of Lazada.
5.4. Exchange of a Product or Service purchased using a Gift Card shall be subject to the Seller’s terms and conditions.
5.5. Lazada reserves the right to cancel or reject the use of a Gift Card at its sole discretion for any or no reason, including, without limitation, where it deems or suspects fraud or other illegal activities.
6. Availability of Gift Cards
6.1. The Customer acknowledges that purchase or redemption of Gift Cards is subject to resource availability, including, without limitation, availability of lazada.com.my website and/or LAZADA mobile app.
6.2. Lazada does not make any warranty on the performance and capability of the lazada.com.my website or the LAZADA mobile app.
6.3. The Customer accepts and acknowledges that Lazada may suspend, terminate and/or discontinue the purchase or redemption of the Gift Cards in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.
7. Use and Disclosure of Data
7.2. Order fulfilment in relation to Gift Cards may be handled by a partner, in which case Customers may receive direct communication of Gift Card pin codes from the partner.
8.3. Lazada reserves the right to alter, modify, add to or otherwise vary these Gift Cards Terms from time to time, and in such manner as Lazada deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Gift Cards after such amendment, the Customer shall be deemed to have accepted the amendments.
LAZADA PAYMENT ACCOUNT USER TERMS AND CONDITIONS
These Terms and Conditions govern your access and use of the Lazada virtual payment account ("Lazada Payment Account").
A. The Lazada Payment Account is operated by Alipay Malaysia Sdn. Bhd. (“Alipay”) for Ecart Services Malaysia Sdn. Bhd. (“Lazada”).
All references in these Terms and Conditions to "we," "us," or "our" shall refer to Alipay as operator of the Lazada Payment Account. “You” and “your” shall refer to the User.
The Lazada Payment Account is associated with your Lazada Account and is intended for effecting payment for the purchase of goods and/or services offered by the Lazada group of companies by registered Users.
By requesting and/or using the Lazada Payment Account, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Lazada Payment Account.
B. These Terms and Conditions are in addition to the terms and conditions governing your use of the Lazada Website and your Lazada Account available at https://www.lazada.com.my/terms-of-use/.
C. These Terms and Conditions are supplemented by Lazada’s Membership Protection Policy (“Membership Protection Policy”), which give all Lazada customers the assurance of authorized payments on the Lazada Payment Account. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the Lazada Payment Account. The policy is available at https://www.lazada.com.my/terms-of-use/
DEFINITIONS AND INTERPRETATION
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
“Alipay” means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
"Foreign Language Version" is defined under clause 14.9 of these Terms and Conditions.
"Indemnitees" means Alipay's and Lazada’s respective officers, employees, directors, agents, contractors and assigns.
"Lazada" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns.
“Lazada Account” means the online account of the User on the Lazada Website.
"Lazada Payment Account" is defined in the recitals to these Terms and Conditions.
“Lazada Payment Account Balance” is defined in clause 3.1 of these Terms and Conditions.
“Lazada Website” is defined as the website or the mobile application (as applicable) from which you purchased the goods or services offered by the Lazada group of companies.
“Payment Instrument” is defined in clause 3.1.
"Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
"Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by Lazada to a User relating to Lazada Payment Account, from time to time as a gratuity, by crediting the coupon amount into the User’s Lazada Payment Account, and may be used by the relevant User to pay for goods or services on the Lazada Website, prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of Lazada and subject to conditions as may be imposed by Lazada from time to time. A Promo Coupon is not legal tender, is not considered electronic money and is not transferable.
"Refund Coupon" means a Lazada store credit, given by Lazada when refunding a User’s previous purchase of goods or services on the Lazada Website and subject to conditions as may be imposed by Lazada from time to time. A Refund Coupon is not legal tender, is not considered electronic money and is not transferable.
"Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data.
“Service Fees” is defined in clause 5.1.
"User" means an authorized user of the Lazada Payment Account.
1 ACCESS TO THE LAZADA PAYMENT ACCOUNT
1.1 You agree to:
1.1.1 use your Lazada Payment Account only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Lazada Payment Account in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the Lazada Payment Account, as well as any amendments thereto issued by us from time to time; and
1.1.3 ensure that any information or data you provide to us in connection with the Lazada Payment Account is accurate.
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the Lazada Payment Account is restricted to registered users of the Lazada Website.
1.4 By using the Lazada Payment Account, you agree to comply with all applicable laws and regulations in Malaysia, including not undertaking or engaging in any dealing or transaction with the State of Israel, its residents or any entity owned or controlled, directly or indirectly, by the State of Israel or its residents including any authority or agency of the State of Israel.
2.1 The registration process for the Lazada Account requires you to provide Lazada with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that Lazada may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to you, either limit your use of the Lazada Payment Account or suspend or close your Lazada Payment Account.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including making any enquiries on behalf of Lazada to process any refunds, including Refund Coupons, payable to you.
2.4 Each User is only entitled to have one (1) Lazada Payment Account associated with his or her Lazada Account.
2.5 You are solely responsible for keeping your username and password to your Lazada Payment Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform Lazada immediately.
3 LAZADA PAYMENT ACCOUNT BALANCE
3.1 You may maintain funds in your Lazada Payment Account, and such funds, less any monies owed to us, will be regarded as the balance of your Lazada Payment Account ("Lazada Payment Account Balance"). Your Lazada Payment Account may also contain your Promo Coupon or your Refund Coupon. These Coupons are issued by Lazada, are not considered electronic money, and are not part of your Lazada Payment Account Balance.
3.2 Funds can be accumulated in your Lazada Payment Account Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").
3.3 For any transfer from a Payment Instrument to your Lazada Payment Account Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
3.4 Unless otherwise stated, both you and Lazada are not liable for any fees raised by third parties including card issuers or banks, associated with funding your Lazada Payment Account Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 We reserve the right to impose limits on your use of Lazada Payment Account from time to time, including (i) the amount of value you may load your Lazada Payment Account at any one time; and (ii) the aggregate funds loaded to your Lazada Payment Account over any time period.
4 USING YOUR LAZADA PAYMENT ACCOUNT
4.1 You may use your Lazada Payment Account to purchase goods and/or services through the Lazada Website. For security reasons, we may limit the amount or number of transactions you can make through your Lazada Payment Account. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your Lazada Payment Account, you authorize us to reduce the value available in your Lazada Payment Account Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which toare available in your Lazada Payment Account. You can only make payments using your Lazada Payment Account to the extent that you have Lazada Payment Account Balance to support those transactions. You are not allowed to make purchases in excess of your Lazada Payment Account Balance. We will not extend credit in connection with your use of your Lazada Payment Account, and you must repay us immediately if your Lazada Payment Account Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your Lazada Payment Account. If other persons access your Lazada Payment Account, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use.
4.4 You must notify us immediately of any unauthorized use of Lazada Payment Account or any other breach of security regarding the Lazada Payment Account of which you have knowledge. You must report any such activities within ninety (90) days for any claims for unauthorized use of your Lazada Payment Account to be valid for consideration under Lazada’s Membership Protection Policy.
4.5 Notwithstanding anything to the contrary under Lazada’s Membership Protection Policy, you agree that we will not compensate you for any loss resulting from any claims for unauthorized use of your Lazada Payment Account under any of the following events, as determined at our sole and absolute discretion:
4.5.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.5.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Lazada Payment Account log-in details to a third party;
4.5.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.5.4 where any funds in your Lazada Payment Account are subject to legal process or other encumbrance restricting transfer;
4.5.5 where any such transactions are took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or
4.5.6 where any terminal or system (including our or Lazada’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.6 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your Lazada Payment Account.
4.7 We shall have the right to refuse any transaction on your Lazada Payment Account if:
4.7.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your Lazada Account; or
4.7.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.7.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or Lazada suspects any coupon abuse or fraud or any illegal activities in relation to your Lazada Payment Account.
4.8 When using your Lazada Payment Account to pay for a purchase on the Lazada Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.9 For each purchase transaction you make on the Lazada Website, we will transfer funds from your Lazada Payment Account when the first of any of the following events occurs:
4.9.1 we receive confirmation of a successful completion of the purchase from Lazada;
4.9.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Lazada Website, in which case you will be deemed to have received the goods or services;
4.9.3 the conclusion of any settlement agreement or dispute between you and any other user of the Lazada Website and/or Lazada, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.9.4 Lazada or any of its affiliates, or us or any of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.10 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or Lazada in such amounts as instructed by Lazada.
4.11 If you experience any difficulties with your Lazada Payment Account, please contact us at https://www.lazada.com.my/contact/. If you have placed an order on the Lazada Website and experience difficulties with your order, please contact customer service https://www.lazada.com.my/contact/.
4.12 You shall complete any purchases in accordance with the applicable terms and conditions of the Lazada Website https://www.lazada.com.my/terms-of-use/, which may be amended from time to time at Lazada’s discretion without notice.
4.13 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your Lazada Payment Account. If your failure to do so results in any delay in any transaction on your Lazada Payment Account, neither we nor Lazada shall be liable for any loss or damages arising from such delay.
4.14 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your Lazada Payment Account should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your Lazada Account Balance.
We reserve the right to impose fees to cover the relevant costs of providing the Lazada Payment Account services to you including those associated with the set-up and maintenance of your Lazada Payment Account (“Service Fee”).
6.1 If, having purchased goods or services on the Lazada Website, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that Lazada will either (i) issue a Refund Coupon; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information prior to processing any refund.
6.2 A Refund Coupon is (i) not legal tender; (ii) not considered electronic money; (iii) not transferable; and (iv) subject to Lazada terms and conditions.