Terms & Conditions
INTRODUCTION
Welcome to the kpmarket.com.my website (The "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, KP Asli Sdn Bhd (855586-M), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. The term "KP Asli Sdn Bhd" or "us" or "we" or "our" refers to the owner of the website whose registered office is No. 1, Jalan Kasawari 2, Taman Kasawari, 14100 Simpang Ampat, Seberang Perai Selatan, Pulau Pinang, Malaysia. The term "you" or "your" refers to the user or viewer of our website.
As you browse and use this Site, you are agreeing to comply with and be bound by the following Terms and Conditions. KP Asli Sdn Bhd reserves the right to amend the Terms and Conditions of use and content of the website without prior notification. Changes will be effective when posted onto the Site. Please check these Terms and Conditions regularly for updates.
USE OF THE SITE
We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this Site is solely for informational purposes. Product representations and information on products on the Site are those of the Vendor and are not made by us, unless explicitly stated. Submissions or opinions expressed on this Site are those of the individual posting said content and may not necessarily reflect our opinions.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information should there be any changes. Every Site user is solely responsible for keeping account login details, passwords and other related account-identifying information safe and secure. The account owner is entirely responsible for all the activities that occur under the use of such login information or password. Furthermore, you must immediately notify us of any unauthorised use of your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind that occurred as a result of, or in connection with, your failure to comply with this section.
USER SUBMISSIONS
Anything or information that you submit to the Site and/or provide to us, including, but not limited to, questions, reviews, comments and suggestions (collective, "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 to use the name that you submit, in connection with such review, comment or other content. We may, but shall not be obliged to, remove or edit any Submission.
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, your name, phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to your users; however errors may still occur, such as cases when the price of an items is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In any 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, whether or not the order has been confirmed and your credit card or bank account charged.
TRADEMARKS AND COPYRIGHTS
All copyrights, trademarks and other intellectual property rights used in this website are property of KP Asli Sdn Bhd, unless otherwise stated. These intellectual properties include, but are not limited to, text, graphics, software, photos, text, video. You may not, except with our express written permission, adapt, reproduce, distribute any part of this website or commercially exploit the content. The entire content of this Site are protected by copyright as a collective work under Malaysian copyright laws and international conventions. All rights 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 the 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 his 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, Your 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 operating the Site, your sole and exclusive remedy is to discontinue using the Site.
TERMS OF USE
1. Interpretation
1.1 In these conditions:
“KP Market”: the online marketplace owned by KP Asli Sdn Bhd, a Malaysian registered company under the registration number 855586-M, registered
address at No 1, Jalan Kasawari 2, Taman Kasawari, 14100 Simpang Ampat, SPS, Penang, Malaysia.
“Buyer”: the person who accepts a quotation on KP Market for the supply of Goods or who otherwise enters into a contract for the supply of Goods with KP Market;
“Conditions”: general terms and conditions set out in this document and any special terms and conditions agreed in writing between the Buyer and KP Market - unless the context otherwise requires;
“Contract”: the contract for purchase and sale of Goods;
“Goods”: product (including any installment of the goods or any parts for them) and services which KP Market is to supply in accordance to the Contract;
“Writing”: includes e-mail or facsimile transmission and any comparable means of communication;
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 KP Market 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 of course of dealing.
2.2 Any information made available in KP Market’s website in connection with the supply of Goods, including but not limited to, photographs, product information, data on product delivery etc., are not binding and are for information only. Upon entering the Contract the Buyer acknowledges that it does not rely on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and KP Market
2.4 Any typographical, clerical, omission or error in any information, quotation, invoice, or other document issued by KP Market in its website is subject to correction without any liability on the part of KP Market.
2.5 KP Market may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note or any relevant processing documentation.
3. Orders and Specifications
3.1 KP Market is entitled to require the Buyer to furnish KP Market with contact details and other relevant verification information, including but not limited to, name, address, contact number, prior to issuing a confirmation of dispatch.
3.2 Order acceptance and completion of the Contract between Buyer and KP Market is completed upon KP Market issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, KP Market shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to the issuance of dispatch confirmation.
3.3 No concluded Contract may be modified or cancelled by the Buyer except with the explicit agreement from KP Market and on terms that the Buyer shall indemnify KP Market in full against all loss (including loss of profit), costs, damage charges and expenses incurred by KP Market as a result of the modification or cancellation.
4. Price
The price of Goods and / or Services shall be the price as stated in the KP Market website at the time which the Buyer makes its purchase from KP Market. The price excludes the cost of packaging and delivery charges, any applicable GST, value-added tax or similar tax which the Buyer shall be liable to pay to KP Market in addition to the stated price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods intended for purchase through the various payment methods listed in the KP Market website. The terms and conditions to each type of payment shall be applicable to the Contract
5.2 In addition to any additional terms contained in KP Market’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. KP Market accepts all Visa and MasterCards, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by encryption.
Please note that additional charges may be incurred if you are using a non-Malaysian issued card due to foreign exchange.
5.2.2 Debit Card
KP Market accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of encryption.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a KP Market’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees, shipping costs). The transaction must be payable in Ringgit Malaysia. KP Market, in its sole discretion, may refuse this payment option service to anyone or any user without prior notice for reason at any time.
ii. For the time being, KP Market accepts online bank transfers from Affin Bank, Alliance Bank, AmBank, Bank Islam, Bank Muamalat, Bank Rakyat, CIMB Bank, Hong Leong Bank, Maybank, OCBC Bank, Public Bank, RHB Bank, Standard Chartered and UOB Bank.
5.2.4 MOLPay Cash @ 7-Eleven
Payment by MOLPay Cash @ 7-Eleven, being a service operated by MOLPay Sdn Bhd, which enables payment for purchase of products to be made at selected 7-Eleven convenience stores throughout Malaysia, shall be in accordance with terms and conditions as stated on this website, and shall also be subjected to additional terms and conditions as imposed by MOLPay Sdn Bhd
5.2.5 For the time being, KP Market does not offer payment by installments
6. Delivery / Performance
6.1 Delivery of Goods shall be made to the address specified by the Buyer in its order.
6.2 KP Market 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 KP Market shall not be liable for any delay in delivery / performance howsoever caused.
6.4 If KP Market has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on KP Market, to demand a performance within a specified time thereafter, which shall be at least 14 days. If KP Market failed to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of KP Market’s non-performance, which was foreseeable at the time of conclusion of the Contract and resulting from the usual course of events, subject always to the limitations set out in Condition 12.4.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of KP Market’s fault), then without prejudice to any other right or remedy available to KP Market, KP Market may:
6.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract, provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7 Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when KP Market has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until KP Market 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 KP Market to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as KP Market’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with KP Market that the Buyer shall immediately notify KP Market of any matter from time to time affecting KP Market’s title to the Goods and the Buyer shall provide KP Market with any information relating to the Goods as KP Market may require from time to time.
7.5 Until such time as the property in the Good passes to the Buyer (and provided the Goods are still in existence and have not been resold), KP Market shall be entitled at any time to demand the Buyer to deliver the Goods to KP Market and in the event of non-compliance, KP Market reserves its right to take legal action against the Buyer for the delivery of the Goods and also to seek damages and all other costs including, but not limited to, legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of KP Market but if the Buyer does so, all moneys owing by the Buyer to KP Market shall (without prejudice to any other right or remedy of KP Market) forthwith become due and payable.
7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Good are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.8 The Buyer shall indemnify KP Market against all loss, damages, cost, expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of KP Market’s rights under this condition.
8. Force Majeure
8.1 KP Market shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of KP Market’s obligations if the delay or failure was due to any cause beyond KP Market’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond KP Market’s reasonable control:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
8.1.4 import or export regulations or embargoes;
8.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of KP Market or of a third party);
8.1.6 interruption of production or operation, difficulties in obtaining raw materials, labour, fuel, parts or machinery;
8.1.7 power failure or breakdown in machinery.
8.2 Upon the happening of any one of the events set out in Condition 9.1, KP Market may at its option:
8.2.1 fully or partially suspend delivery / performance while such event or circumstances continues;
8.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and KP Market shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
9 Insolvency of Buyer
9.1 This condition applies if:
9.1.1 the Buyer makes any voluntary arrangement with its creditors or becomes subject to administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
9.1.2 an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Buyer; or
9.1.3 the Buyers ceases - or threatens to cease - to carry on business; or
9.1.4 KP Market reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If this condition applies, then without prejudice to any other right or remedy available to KP Market, KP Market shall be entitled to cancel the Contract or suspend any further delivery / performance under the Contract without any liability to the Buyer and if Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10. 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 KP Market, to its registered office or principal place or business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
11. Liability
11.1 KP Market shall accept liability to the Buyer for death or injury resulting from its own or that of its employees’ negligence. Save as aforesaid, KP Market’s liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 12.
11.2 KP Market shall be under no liability whatsoever where this arises from a reason beyond its reasonable control provided in Condition 9 or from an act or default of the Buyer.
11.3 In no event shall KP Market 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 KP Market had been advised of the possibility of the Buyer incurring the same.
11.4 Where time of performance has been agreed by KP Market becomes the essence of the Contract by means of notice by the Buyer to KP Market, as provided for in Clause 6.4, and KP Market fails to comply with its obligations in due time, so that the Buyer becomes entitled to compensation in accordance with Condition 6.4, KP Market’s liability shall be limited to an amount of 0.5% for each full week of delay, in total to a maximum cumulative amount of 5%, of the value of the delayed Goods.
11.5 Without prejudice to the sub-limits of liability applicable under this Condition 11 or elsewhere in these Conditions, KP Market’s maximum and cumulative total liability (including any liability for acts and omissions of its employees, agents and sub-contractors) in respect of any and all claims for defective performance under the Contract, shall not exceed the total Contract price.
11.6 If a number of events give rise substantially to the same loss, they shall be regarded as giving rise to only one claim under these Conditions.
12. Termination
12.1 On or at any time after the occurrence of any of the events in Condition 12.2, KP Market may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights under Condition 7 and / or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
12.2 The events are:
12.2.1 the Buyer being in breach of an obligation under the Contract;
12.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer’s winding up or dissolution;
12.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Buyer’s assets;
12.2.4 the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
13. General
13.1 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
13.2 No waiver by KP Market 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.
13.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in questions shall not be affected thereby.
13.4 No person who is not a party to this Contract (including any employee, officer, agent, representative or sub-contractor of either party) shall have any right under the Contracts (Rights of Third Parties) Act to enforce any terms of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Condition 3.3.
13.5 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 13.7.
13.6 Except as provided for in Clause 13.7, 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.
13.7 Notwithstanding Clause 13.6, KP Market 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.
13.8 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
13.9 KP Market reserves their right to these terms and conditions of sale at any time.
13.10 Return / Refund, exchange or cancellations are not allowed of any perishable Goods. To ensure that you are satisfied with the product you received, please inspect the contents as soon as your order arrives.
KP MARKET VOUCHERS
1. The following terms and conditions apply to the redemption and use of promotional vouchers and voucher codes ("Vouchers").
2. Vouchers are only valid on the KP Market website, mobile website or mobile applications (iOS and Android).
3. A valid code must be entered at the checkout page in order to redeem a Voucher.
4. Customers can only redeem up to one Voucher per day.
5. Customers can only use the Voucher once.
6. Voucher validity is limited in time. This guideline overrides any individual voucher policy.
7. KP Market reserves the right to cancel or modify any order, or evoke the use of Vouchers for any reason, including due to:
7.1 suspicious or fraudulent purchasing activity or Voucher use;
7.2 Voucher abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or
7.3 Voucher used in bad faith (including resold Vouchers or use of Vouchers by Customers purchasing products for the purpose of reselling).
8. Unless otherwise stated, Vouchers are not valid in conjunction with other promotions or discounts.
9. Additional terms and conditions may be specified in relation to specific Voucher code (for example, duration, eligibility, discount amount and products covered), and will govern the use and redemption of those Vouchers.
10. Vouchers are not exchangeable for cash.
11. KP Market will not be liable and/or be required to offer replacement Vouchers, discounts, credits, cash or otherwise compensate Customers for:
11.1 discontinued or cancelled Vouchers;
11.2 improper use of, or inability to redeem, a Voucher; or
11.3 the inability to redeem a Voucher due to technical issues.
12. KP Market reserves the right to change these terms and conditions or cancel any promotions at any time and without notice.