Terms & Conditions

This website (“Platform”) is operated by MeCan App Sdn. Bhd. (Company No.: 962465W) of 6-1, Tower 2B, UOA Business Park 40150 Shah Alam, Selangor Darul Ehsan, Malaysia.

 

Throughout our Platform, the terms “we”, “us” and “our” refer to MeCan App Sdn. Bhd. We offer this Platform, including all information, tools and services available on this Platform to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices as stated herein.

 

By visiting our Platform and / or purchasing merchandises from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”, “Conditions”), as may be amended from time to time. These Terms & Conditions apply to all users of our Platform, including without limitation users who are browsers, vendors, customers, Buyers, Sellers, and / or contributors of content.

 

Please read these Terms & Conditions carefully before accessing and / or using our Platform. By accessing or using any part of our Platform, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions as contained herein, please do not proceed further and you are advised to leave this Platform immediately or refrain from using any Services provided herein. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

 

Any new features or tools which are added to the Platform shall also be subject to these Terms & Conditions. You can review the most current version of these Terms & Conditions at any time on this Platform.

 

We reserve the right to update, change or replace any of these Terms & Conditions at our sole and absolute discretion by posting updates and / or changes to our Platform. We shall notify the users of the Platform of such amendments including the effective date for such amendments by an announcement to be published on the main page of the Platform. Such amendments shall thereafter bind the users. It is your responsibility to check on this Platform regularly for any updates and / or changes. Your continued use of and / or access to our Platform following the posting of any changes constitutes acceptance of those changes.

In the event of conflict between any provision in these Terms & Conditions and the Buyer Agreement, the provision in the Buyer Agreement shall prevail.

 

 

1. MECAN TRADE STORE TERMS

 

1.1 By agreeing to these Terms & Conditions, you represent that you are an adult of at least the age 18 years capable of entering into contract and that you have given us your consent to allow any of your minor dependents to use this Platform. You are hereby granted a non-transferable and revocable license to use our Platform, in accordance to the Terms & Conditions described herein, for the purpose of online shopping for products sold in our Platform.

 

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

1.3 We have the right to unilaterally and immediately terminate the license granted for the use of the Service upon you breaches any provision of the Terms & Conditions and fails to remedy the same within fourteen (14) days from being so notified.

 

1.4 Contents provided on this Platform is solely for informational purposes only. Product representations expressed on this Platform are those of the Seller(s)’ and are not made by MeCan. Feedbacks and opinions expressed are those of the persons posting such content and does not reflect our stand or opinions.

 

2. GENERAL CONDITIONS

 

2.1 We reserve the right to refuse Service to anyone for any reasons whatsoever at any time at our sole and absolute discretion.

 

2.2 You understand that your information given (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of the connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our Platform through which the Service is provided, without express written permission by us.

 

2.4 The headings used in this Terms & Conditions are included for convenience only and will not limit or otherwise affect the interpretation of these Terms & Conditions.

 

 

3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

 

3.1 We shall not be held responsible whatsoever if any information made available on this Platform is not accurate, complete nor current. The materials provided on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance upon the information and materials provided herein this Platform is solely and absolutely at your own risk. Any typographical clerical or other error or omission in any acceptance, invoice, contents or other document on our part will be subject to correction without any liability to us.

 

3.2 This Platform may contain certain historical information. Historical information may not be current and is provided for your reference only.

 

 

4. MODIFICATIONS TO THE SERVICE

 

4.1 We reserve the right at any time to modify or discontinue the Service (or any part or contents thereof) at any time without any prior notice whatsoever.

 

4.2 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

5. PRODUCTS OR SERVICES

 

5.1 Definitions

Unless otherwise provided, capitalized words in these Terms & Conditions shall have the same meaning as specified in the Buyer Agreement.

"Seller(s)”, refers to third party owner(s) selling merchandises, consumer goods and products listed on our Platform.

“Facility”, refers to any of the facilities offered by us to you through our Platform or any other form of communication and encompasses, among others, enabling users to find Products available for sale by Seller(s) on our Platform, to find coupons and promotions that can be redeemed on our Platform and to view Seller(s)’ advertisements on our Platform. Our Facility can be provided to you through our Platform, through electronic and other modes of communication and by any applications provided by us.

“Products” shall refer to the consumer goods and products which are listed on our Platform and made available for sale by an identified seller(s) on our Platform.

“User”, “you” or “Buyer”, refers to any individual who visits or uses our Platform and includes customers, buyers and purchasers.

5.2 Use

 

You must register on the Platform to use the Platform and the Services.

 

 

5.3 Viewing and Purchase of Products or Services

 

5.3.1 In the course of your use of this Platform, you may identify Products which you wish to view further or purchase. By clicking on these Products, you will be directed to the relevant page on which that Product is available for sale.

 

5.3.2 You hereby acknowledge that any transaction or purchase which you conclude with the Seller(s) shall be between you and the Seller(s).

 

5.3.3 We reserve the right to change, modify or delete any information relating to the Products, Seller(s) or otherwise and to cease providing any part of the Facility at any time without any prior notice whatsoever.

 

5.3.4 We do not guarantee that our Platform or Facility will be free of errors, omissions and faults though we will use our best endeavors to ensure reasonable measures to maintain accuracy of all data presented.

 

5.3.5 Specifically, we do not guarantee that the Products, coupons and promotions of the Seller(s) are at all times up-to-date. We advise you to check thoroughly prior to making any purchases with the Seller(s).

 

5.3.6 The contents displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, the Seller(s), content providers, advertisers and we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Platform and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

 

5.3.7 We have made every effort to display as accurately as possible the colours and images of the Seller(s)’ products that appear in the store / our Platform. We cannot guarantee that your computer’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of the Seller(s)’ products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products offered by the Seller(s). All descriptions of Products or Products’ pricing are subject to change at any time without prior notice, at our sole and absolute discretion. We reserve the right to discontinue any line of Products at any time. Any offer for any Products or services made on this Platform is void if the Products are prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

6. ORDER ACCEPTANCE, ACCURACY OF BILLING & ACCOUNT INFORMATION

 

6.1 Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse any orders you place with us. We may, in our sole and absolute discretion, limit, prohibit or cancel quantities purchased per person or per order and / or reserve the right to refuse or cancel any order for any reason at any given time. These restrictions may include orders placed by or under the same customers’ account, the same credit card, and / or orders that use the same billing and / or shipping address. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided at the time the order was made and / or information available in our records.

 

6.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store / Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

 

7. PRICING, PACKAGING CHARGES, DELIVERY CHARGES & GOODS & SERVICES TAX (GST) OF 6%

 

7.1 Prices of our Products are subject to change without prior notice.

 

7.2 The price of the Products shall be the price stated in the Seller(s)’ or our Platform at the time which the customer makes its offer to purchase. The price excludes the cost of packaging and delivery charges. The customer shall be liable to pay the charges in addition to the price where applicable.

 

7.3 Prices of Products and services specified on the Platform will include value added tax or similar tax where applicable.

 

 

8. TERMS OF PAYMENT

 

8.1 The Buyers shall be entitled to make payment for the Goods pursuant to the various payment methods set out in our Platform.

 

8.2 In addition to any additional terms and conditions contained in our Platform, the following terms shall also apply to the following types of payment:

 

8.2.1 Credit Card

 

Credit Card payment option is available for all Buyers. We accept all Visa and MasterCard and is 3D Secure (Verified by Visa and MasterCard Secure) enabled. All your credit card information is protected by means of industry-leading encryption standards. Please take note that additional charges may be incurred. Kindly check with your card service provider.

 

8.2.2 Debit Cards

 

We accept all Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.

 

8.2.3 Online Banking

 

By choosing this payment method, the Buyer shall transfer the payment for the Products to our account for the total amount of the Buyer’s purchase (including any applicable taxes, fees, packaging, delivery and shipping costs). The transaction must be payable in the currency displayed on platform. We, in our sole and absolute discretion, may refuse this payment option service to anyone or any user without notice for any reasons whatsoever at any time.

 

 

9. DELIVERY

 

9.1 The Products will be delivered by or on behalf of the Seller to the Buyer or such address as may be provided by the Buyer within the applicable lead times for Order fulfilment as specified in the Seller Service Levels.

9.2 The delivery service and other services relating to delivery of Products may be provided by us in association with third party service providers.

 

9.3 The time for delivery / performance shall not be of the essence and we shall not be liable for any delay in delivery or performance howsoever caused.

 

 

10. RISK & PROPERTY OF THE GOODS

 

10.1 Upon delivery of the Products to the Buyer:

(a) the Buyer shall sign on the confirmation of receipt of Products (“Confirmation of Receipt”); and

(b) the risk of loss or damage to the Products will be passed from the Seller to the Buyer; and

(c) subject to our terms and conditions on cancellation, refund and replacement), the legal ownership will be passed from the Seller to the Buyer.

10.2 We shall be entitled to initiate such appropriate legal action for the recovery of any monies due and owing to us. In which event, the Buyer shall be liable to indemnify us against all loss, damages, costs, expenses and legal fees incurred in connection with the assertion and enforcement of our rights under this condition.

 

 

11. TRADEMARKS & COPYRIGHTS

 

All intellectual property rights, whether registered or unregistered, in our Platform, information content on our Platform and all our Platform 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 our Platform also are protected by copyright under Malaysian copyright laws and international conventions. All rights are reserved.

 

12. OPTIONAL FUNCTIONS

 

12.1 We may provide you with access to third party tools over which we will neither monitor nor have any control over or input.

 

12.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

12.3 Any use by you of optional tools offered through our Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

12.4 We may also, in the future, offer new services and / or features through our Platform (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms & Conditions.

 

13. THIRD PARTY LINKS

 

13.1 Certain content, products and services available via our Service may include materials from third parties.

 

13.2 Third party links on this Platform may direct you to third party Platforms that are not affiliated with us. Any link found on the Platform is provided for your convenience to access to further information. It does not signify that we endorse the contents thereof and we have no responsibility and shall not be liable for the content of external links. We are not responsible for examining or evaluating the contents nor accuracy of these third-party Platforms and we do not warrant and will not have any liability or responsibility for any third party materials or Platforms accessed by you or for any other materials, products, or services of third parties.

 

13.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Platforms. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party directly.

 

 

14. USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

 

14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail or otherwise (collectively referred to as “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any fees, charges and / or compensation for any comments; or (3) to respond to any comments.

 

14.2 We may, but have no obligation to, monitor, edit or remove contents that we determine in our sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms & Conditions.

 

14.3 You agree and irrevocably undertake to ensure that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Platform. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party(ies).

 

 

15. PERSONAL INFORMATION

 

15.1 Your submission of personal information through our Platform / store is governed by our Privacy Policy. For more details, please view our Privacy Policy. You agree to provide accurate and current information about yourself and to promptly update such information if there are any changes.

 

15.2 Every user of our 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. Our Platform 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.

 

 

16. ERRORS, INACCURACIES AND OMISSIONS

 

We are determined to provide the most accurate pricing information on our Platform to our users. However, errors may still occur, occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product packaging / delivery / shipping charges, transit times and availability or typographical errors arising from and through electronic transmission / documents such as quotations, invoice or receipt, credit note, debit note or any other documents. As such, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate, at any time without prior notice (including after you have submitted your order) WITHOUT any liability whatsoever on our part. 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 has been charged.

 

 

17. PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms & Conditions herein, you are prohibited from using our Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the Internet. We reserve the right to terminate your use of the Service or any related Platform for violating any of the prohibited uses.

 

18. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & RETURN POLICY

 

18.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

 

18.2 We do not warrant that the results that may be obtained by you from the use of our Service will be accurate or reliable.

 

18.3 You expressly agree that your use of or inability to use, the Service is at your sole risk. The Service and all Products, Goods and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of sellerability, sellerable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

18.4 In no case shall MeCan, our directors, employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages (including loss or damages suffered by the Buyer as a result of an action brought by a third party), whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any Products / Goods procured using the Service, or for any other claim related in any way to your use of the Service or any Products / Goods, including, but not limited to, any errors or omissions in any content or any loss or damages of any kind incurred as a result of the use of the Service or any contents of the Products / Goods posted, transmitted or otherwise made available via the Service, even if advised of their possibility.

 

18.5 We hereby further warrant that:

 

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 Products 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 us earlier.

Any description given of the Products is given by way of identification and for informational purpose only and the use of such description shall not constitute a sale by description.

Our Seller(s) bind themselves only to deliver Products in accordance with the general description under which they were sold. The Seller(s) / We do not give any warranty as to the quality state condition or fitness of the Goods.

We 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 instructions (whether oral or in writing) misuse or alteration or repair of the Goods.

We shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Products has not been paid or fully settled.

We shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the Warranty Period / Expiry Date for the Products.

18.6 For perishable goods or fast-moving consumer goods, goods sold are not returnable. Return / Refund or cancellations are not allowed for any perishable goods or fast-moving consumer goods.

 

18.7 For non-perishable goods, any claim by the Buyer which is based on any defect in the quality or condition of the Products or their failure to correspond with specification shall be notified to us within seven (7) days from the date of receipt of the Products. During use, the Products 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 Products must not be used. We shall be given written notification immediately, specifying the reservations or the defect. However, in no event shall the Buyer be entitled to reject the Products on the basis of any defect or failure.

 

18.8 If the Buyer does not give due notification to us in accordance with the Clause 18.7 above, we shall have no liability for any defect or failure or for any consequences resulting therefrom.

18.9 When we have provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become the Seller(s)’ / our property.

 

18.10 We shall be under no liability for reasons beyond our reasonable control. Our liability shall be limited to the maximum and fullest extent permitted by law. Under any circumstances, maximum and cumulative total liability (including any liability for acts and omissions of our 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, shall not exceed the total price for the Product(s) .

 

19. CANCELLATION, REFUND AND REPLACEMENT

 

19.1. CANCELLATION

 

19.1.1 Cancellation by Seller

 

19.1.1.1 If any Order or Transaction is cancelled due to reasons attributable to the Seller, including unavailability of stock for the Products, delay in sourcing the Products and/or Product wrongly advertised or wrongly priced by the Seller, Mecan shall be entitled to impose on the Seller a monetary fine of RM50 for each cancelled Order or Transaction any and all of the penalties as set out in Schedule 5 (Penalties), at Mecan’s discretion.

 

19.1.1.2. In the event of cancellation pursuant to Paragraph 1.1.1, Mecan or the Seller (if the Seller’s Amount for cancelled Order or Transaction has been paid to the Seller), as the case may be, shall refund the Transaction Amount in full to the Buyer within three (3) Business Days of such cancellation.

 

19.2. Cancellation by Mecan

 

19.2.1 Mecan shall have the discretion to cancel the Transaction at any time where it deems it necessary, if:

(a) the Transaction is prohibited by law;

(b) the Transaction will breach the terms and conditions of this Agreement;

(c) the cancellation is to protect the interests of the Buyer, Seller and/or any relevant third party; or

(d) there are any electronic, operational, server, system or technical error.

 

The Buyer and the Seller will be notified of the cancellation above in writing. The Seller shall refund the Transaction Amount to the Buyer after deducting the administrative fees, processing fees and banking charges.

 

19.2.2 Mecan is also entitled, at its sole and absolute discretion, to cancel any Order or Transaction where Mecan is of the view that the Buyer is in breach or are potentially in breach of any of the terms and conditions of the Buyer Agreement or any other terms of use of the Platform.

 

19.2.3 Where the Products are to be delivered from the Seller or the Seller’s storage point to the address for delivery specified by the Buyer which are within the same country, in the event any Product is not delivered in full after ten (10) Business Days from the date “Order Confirmed”, Mecan may cancel the Order or Transaction and notify the Seller and Buyer in writing of such cancellation. In such instance, Mecan shall be entitled to impose on the Seller, a monetary fine of RM50 or equivalent currency for each cancelled Order or Transaction and/or any and all of the penalties as set out in Schedule 5 (Penalties), at Mecan’s discretion.

 

Where the Products are to be delivered from the Seller or the Seller’s storage point to the address for delivery specified by the Buyer which are not within the same country, in the event any Product is not delivered in full after twenty (20) Business Days from the date “Order Confirmed”, Mecan may cancel the Order or Transaction and notify the Seller and Buyer in writing of such cancellation. In such instance, Mecan shall be entitled to impose on the Seller, a monetary fine of RM100 or equivalent currency for each cancelled Order or Transaction and/or any and all of the penalties as set out in Schedule 5 (Penalties), at Mecan’s discretion.

 

19.2.4 Paragraph 1.2.3 shall not apply to Products which the Seller has expressly stated on the Product page that such Product are subject to pre-orders, pre-determined delivery dates or any other exceptions which are approved by Mecan in writing. In order for the Seller to rely on this Paragraph, the Seller shall ensure that the timelines for delivery are clearly stated in the description of the Product page to enable the Buyers make an informed decision.

 

19.2.5 In the event of cancellation pursuant to Paragraph 1.2.3, Mecan or the Seller (if the Seller’s Amount for the cancelled Order or Transaction has been paid to the Seller), as the case may be, shall refund the Transaction Amount in full to the Buyer within five (5) Business Days of such cancellation.

 

 

19.3 Cancellation by Buyer

 

19.3.1 After Order Confirmed

Once the Order has been confirmed in accordance with Clause 8.1.2, any cancellation will require the Seller’s approval, subject always to the terms of this Agreement.

 

19.3.2 Cancellation Not Allowed After Delivery

Once a Product has been sent out to the Buyer, the status for the Order on the Platform shall be changed to "Delivery in Progress". The Order cannot be cancelled from this point onwards.

 

19.4 EXCHANGES, RETURNS AND REFUNDS

 

19.4.1 Defective Products or Products Do Not Conform to Written Descriptions

 

19.4.1.1 In the event the Buyer rejects the Product on the grounds that the Product is faulty, defective or damaged, or the Product delivered does not conform to the written specification or descriptions as stated on the Seller Product page, the Buyer must notify the Seller via the Platform within seven (7) days from the receipt of the Product (“Rejection Period”).

 

19.4.1.2 Upon the Buyer’s notification in accordance with Paragraph 2.1.1, the Seller shall:

(a) investigate the Buyer’s complaint;

(b) determine whether the Buyer’s complaint is justifiable or has merits; and

(c) if the Buyer’s complaint is justified or with merits,

(i) be entitled, at the Seller’s sole and absolute discretion, determine whether the Buyer will receive a refund or replacement for the Product; and

(ii) refund or replace the Product,

within fourteen (14) days commencing on the day immediately after the Rejection Period (“Resolution Period”).

 

19.4.2 In the event the Product is found to be defective, faulty or damaged due to no fault of the Buyer, the Seller shall be responsible for all costs associated with the return and refund or replacement. The Buyer will be required to provide receipt or evidence of the costs involved.

 

19.4.3 If the Seller determines that the Product is defective, faulty or damaged and that such defect, fault or damage is attributed to mishandling of the Product by the Buyer, the Seller will not be liable to accept / replace the Product. In such instance, if the Buyer has returned the Product to the Seller, the Buyer shall be responsible for all costs associated with the return of the Product to the Seller and back to the Buyer.

 

19.5 Failed Deliveries

 

19.5.1 In the event that the Logistics Provider fails to deliver the Products to the Buyer after three attempts, such Products shall be returned to the Seller. Upon verification by the Seller, Mecan shall proceed to close the Order and refund the Product Price. Mecan shall be entitled to blacklist the Seller or Buyer in the event of such delivery failures. The Seller shall indemnify Mecan from all costs associated with the delivery, return and refund of the Products.

 

19.6 Non-returnable or exchangeable Products

 

19.6.1 The Buyer is not allowed to return or exchange the following Product(s), unless such Product(s) is defective, had expired or wrongly delivered:

(a) Product(s) delivered from outside Malaysia;

(b) gadgets and electronics;

(c) lingerie and underwear;

(d) food items, fast moving consumer goods;

(e) swimsuit;

(f) hosiery, shapewears and bodyshapers;

(g) toiletries;

(h) beauty and skincare products;

(i) fragrances;

(j) customised products; or

(k) ticket, hotel reservations and vouchers, airline tickets, concert tickets or Product(s) of similar nature or descriptions.

 

19.7. GENERAL

 

19.7.1 Non-compliance with the provisions of this Schedule shall entitle Mecan to impose on the Seller any and all the of the penalties as set out in Schedule 5 (Penalties) as Mecan shall determine at its discretion.

 

19.7.2 Mecan shall not be responsible for any risk or be liable for any claims, demands, expenses, losses, cost or damages in connection with the return of any Products.

 

SCHEDULE 5

PENALTIES

 

1. Temporary or permanent suspension of the affected Product listing.

2. Cancellation of Transaction.

3. Loss or forfeiture of all or part of Seller’s Amount.

4. Deferment of payment of all or part of Seller’s Amount.

5. Set-off of any financial penalties imposed or costs to be recovered, against all or part of Seller’s Amount, including future amounts as yet uncollected (where the existing Seller’s Amount is insufficient to cover such penalties or costs).

6. Limits placed on Seller account privileges.

7. Downgrading of Seller’s rating status, if applicable.

8. Suspension or termination of membership.

9. Imposition of financial penalties in such amounts as may be provided for under this Agreement.

10. Claims for damages or loss caused by breach or non-compliance.

11. Delist of any or all Products from the Platform.

12. Issuance of warning letters by Mecan.

 

19. FORCE MAJEURE

 

19.1 We shall not be liable to the Buyer or be deemed to be in breach of the terms and conditions herein by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:

 

Act of God, explosion, flood, tempest, fire or accident;

war or threat of war, sabotage, insurrection, civil disturbance or requisition;

acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;

import or export regulations or embargoes;

interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving our employees or of a third party);

interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;

power failure or breakdown in machinery.

19.2 Upon the happening of any one of the events set out in Clause 19.1 above, we may at our sole and absolute discretion or option:

 

fully or partially suspend delivery / performance while such event or circumstances continues;

cancel or terminate any orders so affected with immediate effect by written notice to the Buyer and we shall not be liable for any loss or damage suffered by the Buyer as a result thereof.

 

20. NOTICES

 

20.1.1 Any notice shall be given in writing by personal delivery, prepaid registered post or electronic mail to the address and electronic mail address of the parties stated on the Platform.

 

20.1.2 Any notices shall be deemed to have been served:

(a) if delivered personally, when left at the addresses referred to in Clause 20.1.1;

(b) if posted within Malaysia to a Malaysian address, three (3) Business Days after posting and in any other case, seven (7) Business Days after posting; and

(c) if email transmission, when electronic confirmation of receipt is received by the sender.

 

20.1.3 In proving service of notices, it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed, and duly stamped and posted or that the electronic mail has been sent to the correct electronic mail address.

 

21. SEVERABILITY

 

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

22. TERMINATION

 

22.1 You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Service or when you cease using our Platform.

 

22.2 In addition to any other legal or equitable remedies, we may, without prior notice to you and without assigning any reasons thereto, immediately terminate the Terms & Conditions or revoke any or all of your rights granted under these Terms & Conditions, at our sole and absolute discretion. Upon any termination of this Agreement, you shall immediately cease all access to and use of our Platform 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 Platform in whole or in part. You furthermore agree that our Platform 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 our Platform or with any terms, conditions, rules, policies, guidelines, practices or the manner of operation of our Platform, your sole and exclusive remedy is to discontinue using our Platform.

 

22.3 The obligations and liabilities of the parties incurred prior to the termination date (including without limitation, payment obligations) shall survive the termination of these Terms & Conditions for all purposes.

 

 

23. CHANGES TO THE TERMS & CONDITIONS

 

23.1 You can review the most current version of the Terms & Conditions at any time on our Platform.

 

 

24. CONTACT INFORMATION

 

Questions about the Terms & Conditions can be sent and directed to us at general@mecan.trade or customercare@mecan.trade.

 

 

25. APPLICABLE LAW & JURISDICTION

 

These Terms & 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 Malaysia and to waive any objections based upon venue.

 

 

26. ARBITRATION

26.1 Any difference, controversy, or claim, arising between Mecan and the Buyer will be settled by arbitration, in English, in Kuala Lumpur, and in accordance with the rules of the Asian International Arbitration Centre ("AIAC"). Furthermore, the arbitral tribunal will consist of a sole arbitrator, to be designated by the Chairman of the AIAC. Any award by the arbitration tribunal will be final and binding upon Mecan and the Buyer.

 

26.2 The arbitrator will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

 

26.3 Notwithstanding Clause 26.1, in the event either party believes that it may suffer irreparable harm prior to the resolution of any conflict by following the arbitration procedures established in these Terms & Conditions, such party may apply to a court of competent jurisdiction for a restraining order or other equitable relief in order to prevent or alleviate such harm pending the arbitration. The parties agree that this paragraph will not operate as a request that the court abstains from accepting jurisdiction or from granting appropriate orders which the court may deem necessary or appropriate to protect the interests of the parties.