PAYMENT AND RETURNS
“Buyer” means the person who purchases Goods on the Website;
“Business” means , operating through its trade name “Monsterims”;
“Conditions” means the terms and conditions set out herein;
“Contract” means the contract that is entered into between the Business and the Buyer when the Brand accepts an order placed by a Buyer on the Website for the purchase of Goods sold by the Brand;
“Facebook Messenger” shall refer to the messaging platform provided by Facebook, Inc.;
“Goods” means the goods made available for sale by the Brand on the Website, whereby the Buyer may purchase such goods in accordance with the Conditions;
“Website” means https://www.monsterims.com/;
“Writing” includes electronic mail, facsimile transmission and any comparable means of communication.
MR team to confirm if this is the company holding the trade name for Monsterims.
1.2 Any reference in these Conditions to any provision of statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
2.1 The Website provides a platform for the browsing of Goods between the Brand and the Buyer (collectively the “Parties” and individually, a “Party”), allowing for the Buyer to place an order from the Brand for the Goods in accordance with the Conditions.
(a) the Buyer has placed an order through Facebook Messenger for the purchase of Goods, and the Business has accepted the same; or
(b) the Buyer has placed an order through any form situated on the Website for the purchase of Goods, and the Business has accepted the same in writing this shall constitute a Contract entered into directly between the Buyer and the Business.
2.3 Order acceptance by the Business of an order shall be indicated by:-
(a) issuance of a notice in writing by the Business to the Buyer that such order has been confirmed, which can take place through email or such other means of communication; or
(b) display of a confirmation on Facebook Messenger by the Company that such order has been confirmed.
For the avoidance of doubt, the Business shall be entitled to refuse or cancel any order at any time without giving any reasons for the same to the Buyer prior to the issue of a confirmation of dispatch. The Business is entitled to require the Buyer to furnish the Business with contact and other verification information, including but not limited to address and contact numbers prior to issuing a confirmation of dispatch.
2.4 Any information made available on the Website in connection with the supply of Services, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, materials, operating costs etc. (“Information”) are not binding and for information purposes only. The Business endeavours to supply, to its best efforts, Information on an as is basis as furnished to the Business by the respective manufacturers and/or suppliers of the Goods, to the extent accurately possible. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
2.5 Any typographical, clerical or other error or omission in any quotation, invoice or other document or information issued by the Business on the Website shall be subject to correction without any liability on the part of the Business.
3.1 The Buyer may purchase Services by contacting the Business vide communication options provided for on the Website and/or through the usage of Facebook Messenger and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Business’s acceptance in its sole discretion and each order accepted by the Business shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon confirmation by the Business. The Business shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, the Buyer may request to cancel or amend the order which the Business shall endeavor (but not be obliged) to give effect to on a commercially reasonable effort basis.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from the Business and on terms that the Buyer shall indemnify the Business in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Business as a result of the modification or cancellation, as the case may be.
4.1 The price includes any applicable sales and services tax, goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to the Business in addition to the price, but it excludes the delivery charges, where applicable.
MR Team to kindly confirm how are orders processed by MR.
Is it the case whereby customer will contact MR through email / Messenger and MR quotes price and instructs customer to bank in?
Will there be any proper invoice issued?
5.1 The Buyer shall be entitled to make payment for the Goods for orders made by way of a bank transfer to the bank account provided by the Business to the respective Buyers, or such other means of making payment informed by the Business to the Buyer in writing.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer to the Business in writing, and shall be subject to the following delivery rates:-
(a) for delivery within Peninsular Malaysia;
(b) RM[**] for delivery to East Malaysia.
6.2 Delivery of the Goods shall be made using the delivery platforms to be solely decided upon by the Business (“Delivery Platform”). By opting for delivery services for delivery of the Goods, the Buyer accepts and acknowledges that the Buyer shall be bound by the terms and conditions of the relevant Delivery Platform.
MR Team to kindly let us know if you offer delivery services, and if so, if delivery services are subject to fixed pricing or otherwise.
6.3 Any dates quoted for delivery of the Goods are provided by the Delivery Platform, are of approximate values only and may face changes. The time for delivery / performance shall not be of the essence, and the Business shall not be liable for any delay in delivery or performance howsoever caused.
6.4 Where a cancellation of an order has been made, and the Goods have been delivered to the Buyer even after such cancellation, the Buyer shall immediately notify the Business of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as the Business’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. The Business shall be entitled at any time to demand the Buyer to deliver up the Goods to the Business and in the event of non-compliance the Business reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of an error directly attributable to the Business) then without prejudice to any other right or remedy available to the Business, the Business may:
(a) 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
(b) terminate the Contract and claim damages.
7.1 (“Return Policy”). Buyer may initiate the returns process by communicating with the Business through the Website.
MR Team to kindly confirm if there is any return policy for the rims sold (i.e. if not satisfied, can return within X number of days.)
7.2 Buyer may apply to return the purchased Goods to the Business by making a prior written request to the Business by way of an email.
Any such request shall be made within from purchase of the relevant Goods and shall be made in the following order of priority:-
(i) For the avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel.
MR Team to confirm, if there is a return policy, the days to which such a request must be made.
MR Team to confirm, if there is a return policy, the methods to performing a return request.
7.3 Buyer may only apply for return of the purchased Goods if there is a manufacturing defect.
7.4 All return applications will be processed and acceptance of such applications are subject to the sole discretion of the Business.
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when the Business has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Business has received in cash or cleared funds payment in full of the price of the Goods. Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Business’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.3 The Buyer agrees with the Business that the Buyer shall immediately notify the Business of any matter from time to time affecting the Business’s title to the Goods and the Buyer shall provide the Business with any information relating to the Goods as the Business may require from time to time.
8.4 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Business shall be entitled at any time to demand the Buyer to deliver up the Goods to the Business and in the event of non-compliance the Business reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Business but if the Buyer does so all moneys owing by the Buyer to the Business shall (without prejudice to any other right or remedy of the Business) forthwith become due and payable.
8.6 The Buyer shall indemnify the Business against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of the Business’s rights under this condition
9.1 Without prejudice to any other right of termination elsewhere in these Conditions, the Business may stop provision of 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:-
(a) the Goods under the Contract being unavailable for any reason; and/or
(b) the Goods under the Contract has been mispriced on the Website and/or in the price originally quoted by the Business.
10.1 The Business warrants as follows:-
(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 the Business.
(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) The Business does not give any warranty as to the quality, state condition or fitness of the Goods.
(d) The Business shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods, addition and insertion of parts, in particular of spare parts which do not come from the Business.
(e) The Business shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, misuse or alteration or repair of the Goods.
(f) The Business is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out and the Buyer shall indemnify the Business against each loss liability and cost arising out of such claims.
(g) The Business 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) The Business shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of a period of from the date of receipt of the Goods by the Buyer (“Warranty Period”).
MR Team to kindly confirm if there is a warranty period
11.1 In no event shall the Business be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if the Business had been advised by the Buyer of the possibility of incurring the same.
11.2 Notwithstanding any other provision of these Conditions, the Business’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to the Business under such Contract, and if a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.3 No action shall be brought against the Business 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
To be removed if no warranty.
12.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to the Business, to the Business’s registered office or principal place of business or email address and if to the Buyer, to the email address and/or phone number stipulated in the relevant order.
12.2 No waiver by the Business of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, the Business’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.3 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.4 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
12.5 Notwithstanding any other provision in these Conditions, the Business shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.6 The Business may, through the Website or by such other method of notification as the Business may designate, vary the terms and conditions of these Conditions, such variation to take effect on the date the Business specifies through the above means. If the Buyer uses the Website or makes an order after such date, the Buyer is deemed to have accepted such variation.
12.7 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.8 The Business reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as the Business deems appropriate.