ALLSHOP TERMS AND CONDITIONS

BY USING ALLSHOP SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

1.INTRODUCTION

1.1 Welcome to the https://allshop.my/ website and/or the AllShop mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “AllShop Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://allshop.my/. By accessing the Platform and/or using the Services, you agree to be bound by AllShop Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to AllShop Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and RFS TECHNOLOGY SDN. BHD. 202101009531 (1409830-K), a company incorporated in Malaysia and having its registered address at Menara 1 Strata Office No.3, Jalan Bangsar, KL Eco City, Kuala Lumpur, Malaysia. (“AllShop”, “we”, “us” or “our”).

1.3 AllShop reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or AllShop Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

1.5 AllShop reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. 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 of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform 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 Platform 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. AllShop 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.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

1. monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
2. prevent or restrict access of any an authorised user to the Platform and/or the Services;
3. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
4. to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with. You acknowledge that AllShop may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, 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.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform 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 (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by AllShop of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, AllShop does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 AllShop and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

1. any access, use and/or inability to use the Platform or the Services;
2. reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
4. any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. SOFTWARE

7.1 Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. AllShop reserves all rights to the software not expressly granted by AllShop hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by AllShop.

8. APPLICABLE LAW AND JURISDICTION

8.1 These Terms of Use and/or other AllShop Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.9. ARBITRATION

9.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other AllShop Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

9.2 Notwithstanding the foregoing, AllShop reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

10. ACCOUNTS AND SECURITY

10.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that AllShop, in its sole discretion, finds offensive or inappropriate, AllShop has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. AllShop has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

10.2 You agree to

1. keep your password confidential and use only your User ID and password when logging in;
2. ensure that you log out from your account at the end of each session on the Platform;
3. immediately notify AllShop of any unauthorised use of your Account, User ID and/or password; and
4. ensure that your Account information is accurate and up-to-date.
5. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. AllShop will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

10.3 You agree that AllShop may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend, freeze or terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that AllShop deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected:

1. extended periods of inactivity;
2. violation of the letter or spirit of these Terms of Service;
3. illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;
4. having multiple user accounts;
5. buying products on the Site for the purpose of commercial re-sale;
6. voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant mark up above face value and/or abnormal or excessive use of vouchers on the Site); or
7. behaviour that is harmful to other Users of AllShop.
8. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, AllShop may terminate your Account immediately with or without notice.

10.4 Users may terminate their Account if they notify AllShop in writing (including via email at [email protected] ) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact AllShop after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. AllShop shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by AllShop.

10.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

11. INTEPRETATION

11.1 In these conditions

"Buyer" means the person who purchases Goods on the Platform;

"Conditions" mean these Terms and Conditions of Sale;

"Contract" means the contract formed when Merchant accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Merchant;

"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“AllShop” means and RFS TECHNOLOGY SDN. BHD. 202101009531 (1409830-K), a company incorporated in Malaysia and having its registered address at Menara 1 Strata Office No.3, Jalan Bangsar, KL Eco City, Kuala Lumpur, Malaysia.

“AllShop Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the allshop.com.my website and/or the AllShop mobile app;

“Merchant” means AllShop as a Merchant that uses the Platform and/or Services to sell Goods to the Buyers.;

“Services” means the use of any services, information and functions made available by AllShop at the Platform;

"Writing" includes electronic mail facsimile transmission and any comparable means of communication.

11.2 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.

11.3 Any references to “AllShop” in these Conditions refer to both AllShop’s actions on its own behalf as Merchant and/or as the operator of the Platform in respect of each and every Contract.

11.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

12. BASIS OF THE CONTRACT

12.1 The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, AllShop may effect such termination with or without notice to you.

12.2 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Merchant.

12.3 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by AllShop and AllShop has accepted the same, this shall constitute a Contract entered into directly between the Buyer and AllShop.

12.4 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Merchant through the contact system 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 so provided.

12.5 While the Merchant endeavours to provide an accurate description of the Goods, AllShop does not warrant that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, conditions in the ALLSHOP REFUNDS AND RETURN POLICY at https://dev.allshop.my/pages/product_return .

12.6 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by AllShop in its website shall be subject to correction without any liability on the part of AllShop.

13. ORDERS AND SPECIFICATIONS

13.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Merchant’s acceptance in their sole discretion and each order accepted by the Merchant shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. AllShop shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which AllShop shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

13.2 Order acceptance and completion of the Contract between the Buyer and Merchant will only be completed upon AllShop issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, AllShop 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. AllShop shall furthermore be entitled to require the Buyer to furnish AllShop with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

13.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from AllShop and on terms that the Buyer shall indemnify AllShop 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 AllShop as a result of the modification or cancellation, as the case may be.

14. PRICE

14.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to AllShop in addition to the price, but it excludes the delivery charges.

14.2 In the event that a Goods has been mispriced on the Platform, the Merchant reserves the right to terminate the Contract, in which AllShop shall notify the Buyer of such cancellation by giving three days’ notice. The Merchant shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.

15. TERMS OF PAYMENT

15.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Merchant’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to AllShop.

15.2 The terms and conditions applicable to each type of payment, as prescribed by AllShop on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

15.2.1 Credit Card

1. Credit card payment option is available for all Buyers. AllShop accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers is protected by industry leading encryption standards.
2. Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

15.2.2 Debit Cards

1. AllShop accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

15.2.3 Online Banking

2. By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a AllShop account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. AllShop, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

15.3 Buyer may not claim against Merchant or any of its agents, for any failure, disruption or error in connection with the Buyer’s chosen payment method. AllShop reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

15.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Merchant, Merchant shall be entitled to:

1. cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
2. charge the Buyer interest 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).

15.5 All refunds shall be made via the AllShop virtual payment account ("AllShop Payment Account"). AllShop offers no guarantee of any nature for the timeliness of the refunds reaching the AllShop Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by AllShop. All refunds are conditional upon AllShop’s acceptance of a valid return of the Goods. AllShop reserve the right to modify the mechanism of processing refunds at any time without notice.

5.6 All payments for the purchased Goods must be made to AllShop using the payment methods made available on the Platform only. AllShop shall not be held responsible for any losses which may arise from payments made through payment methods apart from the available payment methods on the Platform.

16. DELIVERY/PERFORMANCE

16.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

16.2 AllShop 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.

16.3 For a normal delivery the time taken is within 2 to 5 days. As for a pre-order product delivery may take 5 to 14 days. However, any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and AllShop shall not be liable for any delay in delivery or performance howsoever caused.

16.4 If Merchant has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to AllShop, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If AllShop fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

16.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 16.4 above, Buyer shall immediately notify AllShop of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as AllShop's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. AllShop shall be entitled at any time to demand the Buyer to deliver up the Goods to AllShop and in the event of non-compliance AllShop reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

16.6 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 Merchant's fault) then without prejudice to any other right or remedy available to AllShop, AllShop may:

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
2. terminate the Contract and claim damages.

17. RISK AND PROPERTY OF THE GOODS

17.1 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 AllShop has tendered delivery of the Goods.

17.2 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 AllShop 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 Merchant to the Buyer for which payment is then due. 

17.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as AllShop's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

17.4 The Buyer agrees with AllShop that the Buyer shall immediately notify AllShop of any matter from time to time affecting AllShop’s title to the Goods and the Buyer shall provide AllShop with any information relating to the Goods as AllShop may require from time to time.

17.5 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), AllShop shall be entitled at any time to demand the Buyer to deliver up the Goods to AllShop and in the event of non-compliance AllShop reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

17.6 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 AllShop but if the Buyer does so all moneys owing by the Buyer to AllShop shall (without prejudice to any other right or remedy of AllShop) forthwith become due and payable.

17.7 If the provisions in ALLSHOP REFUNDS AND RETURN POLICY https://dev.allshop.my/pages/product_return of these Conditions 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.

17.8 The Buyer shall indemnify AllShop against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of AllShop's rights under this condition.

18. TERMINATION

18.1 Buyer may terminate the Contract before Merchant dispatches the Goods, using the cancel option on the Platform. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with the ALLSHOP REFUNDS AND RETURN POLICY https://dev.allshop.my/pages/product_return.

18.2 Without prejudice to any other right of termination elsewhere in these Conditions, Merchant, or AllShop, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:

1. the Goods under the Contract being unavailable for any reason; and/or
2. the Goods under the Contract has been mispriced on the Platform.

19. WARRANTIES AND REMEDIES

19.1 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.

19.2 Subject to this Clause 19 of these Conditions, AllShop 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), AllShop further gives to the Buyer such implied warranties as cannot be excluded by law.

19.3 AllShop’s above warranty concerning the Goods is given subject to the following conditions:

19.3.1 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 AllShop.

19.3.2 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.

19.3.3 AllShop 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 AllShop 's opinion in that behalf. AllShop does not give any warranty as to the quality state condition or fitness of the Goods.

19.3.4 AllShop shall be under no liability for the following measures and actions taken by the Buyer and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of AllShop, addition and insertion of parts, in particular of spare parts which do not come from AllShop.

19.3.5 AllShop shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or Merchant, 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 AllShop 's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without AllShop 's approval.

19.3.6 AllShop shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

19.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to AllShop or Merchant in exchange for a replacement or a refund in accordance with ALLSHOP REFUNDS AND RETURN POLICY https://dev.allshop.my/pages/product_return.

19.6 When AllShop or Merchant has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of AllShop or Merchant.

20. LIABILITY

20.1 In no event shall AllShop be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if AllShop had been advised by the Buyer of the possibility of incurring the same.

20.2 The remedies set out in Clause 20 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and AllShop’s liability for the same shall be limited in the manner specified in Clause 20 of these Conditions.

20.3 Notwithstanding any other provision of these Conditions, Merchant’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Merchant under such Contract.

20.4 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.

20.5 No action shall be brought against AllShop 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.

21. GENERAL

21.1 AllShop or Merchant shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond AllShop's or Merchant’s reasonable control.

21.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to AllShop, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.

21.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce 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.

21.4 No waiver by AllShop of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, AllShop’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

21.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

21.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the 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 Clause 13.3 of these Conditions.

21.7 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 21.9 below.

21.8 Buyer must exhaust all legal avenues against Merchant should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against AllShop. Any such actions brought against AllShop for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.

21.9 Notwithstanding Clause 21.8 above, AllShop shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

21.10 AllShop may, through the Platform or by such other method of notification as AllShop may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date AllShop specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.

21.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Merchant’s part shall be subject to correction without any liability on Merchant’s part.

21.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

21.13 These Conditions shall constitute the entire agreement between Buyer and Merchant relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

21.14 AllShop reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as AllShop deems appropriate.

22. VOUCHERS TERMS AND CONDITIONS

The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").

22.1 Vouchers are only valid on the AllShop website, mobile website or mobile applications (iOS & Android).

22.2 A valid code must be entered at the checkout page in order to redeem a Voucher.

22.3 Customers can only redeem up to one Voucher per day.

22.4 Customers can only use the Voucher for a one-time purchase only.

22.5 Voucher validity is limited in time and such validity period shall be as prescribed in any individual voucher policy.

22.6 AllShop reserves the right to cancel or modify any order, or revoke the use of Vouchers for any reason, including the following circumstances:

1. suspicious or fraudulent purchasing activity or Voucher use;
2. Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
3. Voucher used in bad faith (including resold Vouchers or use of Vouchers by customers purchasing products for the purpose of reselling)

22.7 Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.

22.8 Additional terms and conditions may be specified in relation to specific Voucher (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers in addition to these terms.

22.9 Use of Vouchers by reMerchants is not tolerated, and AllShop reserves the right to cancel orders which are deemed to display reMerchant behaviour.

22.10 Vouchers are not exchangeable for cash.

22.11 AllShop will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate customers for:

1. discontinued or cancelled Vouchers;
2. improper use of, or inability to redeem, a Voucher; or
3. the inability to redeem a Voucher due to technical issues.

22.12 AllShop reserves the right to change these terms & conditions or cancel any promotions at any time and without notice.