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Terms and Conditions | BROTHER'S FACTORY OUTLET (M) SDN. BHD. - ONLINE SHOPPING MALL

Terms and Conditions

Introduction

Welcome to the brothers.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Brother’s Factory Outlet Sdn. Bhd., and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Brother’s” means Brother’s Factory Outlet Sdn. Bhd., a company incorporated in Malaysia under registration number 728717U and having its registered address at No 10, Jalan SS6/12, Kelana Jaya, 47301 Petaling Jaya, Selangor. 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.

 

USER SUBMISSIONS

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.

 

GST

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by BPTT Trading Sdn. Bhd. , being GST registered company, will include GST where applicable.

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.

 

ARBITRATION

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.

 

TERMINATION

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 Brother’s Factory Outlet Sdn. Bhd., in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

 

1. Interpretation

1.1 In these Conditions:

"Buyer" means the person who accepts the price in website and quotation of Brother’s Factory Outlet Sdn. Bhd. for the supply of Goods or who otherwise enters into a contract for the supply of Goods with Brother’s Factory Outlet Sdn. Bhd.;

"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 Brother’s Factory Outlet ;

"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;

"Goods" means the goods (including any installment of the goods or any parts for them) which Brother’s Factory Outlet Sdn. Bhd. is to supply in accordance with a Contract;

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

“Brother’s Factory Outlet” means Brother’s Factory Outlet Sdn. Bhd., a company incorporated in Malaysia under registration number 728717-U and having its registered address at No 10, Jalan SS6/12, Kelana Jaya, 47301 Petaling Jaya, Selangor.

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 Brother’s Factory Outlet Sdn. Bhd.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 Brother’s Factory Outlet Sdn. Bhd.’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 authorized representatives of the Buyer and Brother’s Factory Outlet Sdn. Bhd..

2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Brother’s Factory Outlet Sdn. Bhd. in its website shall be subject to correction without any liability on the part of Brother’s Factory Outlet Sdn. Bhd.

2.5 Brother’s Factory Outlet Sdn. Bhd. 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 Brother’s Factory Outlet Sdn. Bhd. will only be completed upon Brother’s Factory Outlet Sdn. Bhd. issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Brother’s Factory Outlet Sdn. Bhd. 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. Brother’s Factory Outlet Sdn. Bhd. shall furthermore be entitled to require the Buyer to furnish Brother’s Factory Outlet Sdn. Bhd. 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 Brother’s Factory Outlet Sdn. Bhd. and on terms that the Buyer shall indemnify Brother’s Factory Outlet Sdn. Bhd. 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 Brother’s Factory Outlet Sdn. Bhd. as a result of the modification or cancellation, as the case may be.

 

4. Price

The price of the Goods and/or Services shall be the price stated in Brother’s Factory Outlet Sdn. Bhd.’s website at the time which the Buyer makes its offer purchase to Brother’s Factory Outlet Sdn. Bhd. 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 Brother’s Factory Outlet Sdn. Bhd. in addition to the price.

 

5. Terms of Payment

5.1 All prices are stated in Malaysia Ringgit (MYR).

5.2 In addition to any additional terms contained in Brother’s Factory Outlet Sdn. Bhd.’s website, the following terms shall also apply to the following types of payment:

5.2.1 Credit Card and Debit card

Credit Card and debit card payment option is only available at our outlet, online purchase is not available.

5.2.2 Online Banking

i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Brother’s Factory Outlet Sdn. Bhd.’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. Brother’s Factory Outlet Sdn. Bhd., 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, Brother’s Factory Outlet Sdn. Bhd. accepts payment whichever bank that accepts by our payment gateway-IPAY88.

iii. Brother’s Factory Outlet Sdn. Bhd prefer Buyer to make payment via internet bank transfer or ATM banking and attach the bank in slip/transfer receipt as well.

 

6. Delivery/Performance

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

6.2 Brother’s Factory Outlet Sdn. Bhd. 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 Brother’s Factory Outlet Sdn. Bhd. shall not be liable for any delay in delivery or performance howsoever caused.

6.4 Brother’s Factory Outlet Sdn. Bhd. will pack Paid orders from our warehouse within 3 working days. Delivery normally takes about 1-7 working days from the time of dispatching the order to reach you.
6.5 We are not be responsible for the parcel lost or damage in the transit.

 

7. Notices

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Brother’s Factory Outlet Sdn. Bhd., to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.

 

8. General

8.1 All prices are stated in Malaysia Ringgit (MYR).
8.2 Not allow to amendments or cancellation once the order is confirmed and paid.
8.3 Items colours may appear slightly different in reality due to lighting conditions, or different computer resolutions. We do however strive to ensure that screen colours are true to life, as much as possible.

8.4 No stock can be reserved until successful payment is received.

8.5 Product(s) will only be delivered upon clearance of payment.

8.6 If for any reason the products buyer’s ordered are out of stock, we will contact buyer either offer you an alternative products or change to the item that similar price.

8.7 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.

8.8 No waiver by Brother’s Factory Outlet Sdn. Bhd. 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.

8.9 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.

8.10 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.

8.11 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.

8.12 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.

8.13 Notwithstanding Clause 14.6, Brother’s Factory Outlet Sdn. Bhd. 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.

8.14 Brother’s Factory Outlet Sdn. Bhd. reserves their right to these terms and conditions of sale at any time.

 

9. RETURNS & EXCHANGE
9.1 Goods sold are not refundable, returnable or exchangeable. Except you received incorrect items. Please refer to Section 10 (Incorrect Items*)

9.2 Regarding the exchange defective items - Buyer will need to bear the shipping charges for returning the defective item to us and also the redelivery charges for new exchange item. We will sent out the parcel once products & payment received. All items mailed back must with receipt.

 

10. INCORRECT ITEMS
We’re sorry for sending you a incorrect item*. Please contact us sales@brothers.com.my with your order number, and a photograph of the incorrect item within 7 days upon received your parcel. All items mailed back must be good condition and with receipt. If the replacement item is no longer in stock, Brother’s will offer buyer an alternative product or change to the item that similar price.