TERMS AND CONDITIONS OF SALE
1.1 Privacy Policy:
"Buyer" means the person who purchases Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when Quality Mall accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Quality Mall;
"Goods" means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;
“Quality Mall Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the quality-mall.com website
“Services” means the use of any services, information and functions made available by Quality Mall at the Platform;
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 Any references to “Quality Mall” in these Conditions refer to both Quality Mall’s actions on its own behalf as Quality Mall and/or as the operator of the Platform in respect of each and every Contract.
1.4 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 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Quality Mall and Quality Mall has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Quality Mall.
2.2 While the Quality Mall endeavours to provide an accurate description of the Goods, current error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.3 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Quality Mall in its website shall be subject to correction without any liability on the part of Quality Mall
3. Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Quality Mall acceptance in their sole discretion and each order accepted by the Quality Mall shall constitute a separate Contract.
3.2 Order acceptance and completion of the Contract between the Buyer and Quality Mall will only be completed upon Quality Mall issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Quality Mall 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. Quality Mall shall furthermore be entitled to require the Buyer to furnish Quality Mall with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
4. Price
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Quality Mall in addition to the price, but it excludes the delivery charges.
4.2 In the event that Goods has been mispriced on the Platform, the Quality Mall reserves the right to terminate the Contract, in which Quality Mall shall, notify the Buyer of such cancellation by giving three days’ notice. Quality Mall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Quality Mall acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Quality Mall.
5.2 The terms and conditions applicable to each type of payment, as prescribed by Quality Mall on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. Quality Mall accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
5.2.2 Debit Cards
Quality Mall accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Quality Mall account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Quality Mall, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
6. Delivery/Performance
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Quality Mall shall not be liable for any delay in delivery or performance howsoever caused.
6.3 If Quality Mall has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Quality Mall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Quality Mall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
6.4 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify Quality Mall of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Quality Mall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Quality Mall shall be entitled at any time to demand the Buyer to deliver up the Goods to Quality Mall and in the event of non-compliance Quality Mall 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.
7. Return, Refund and Replacement of Goods
7.1 All Goods sold on the Platform is covered under the Quality Mall 7 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with Quality Mall through the Platform.
7.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Quality Mall in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Quality Mall within 7 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Quality Mall within 48 hours of receiving the delivery to expedite the claim process.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.3.2 the Goods delivered to Buyer is materially different from the description provided by Quality Mall in the listing of the Goods;
7.3.3 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
7.3.4 Buyer has a change of mind with regard to the Goods; and
7.3.5 such other circumstances which may be prescribed by Quality Mall on the Platform.
7.4 Notwithstanding Clause 7.3 above, To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.
7.5 Questions and complaints with regards to returns
7.5.1 If you have any questions or complaints, you may either contact Quality Mall using the “Contact Us” page on the Platform, as applicable.
8 Termination
8.1 Buyer may terminate the Contract before Quality Mall dispatches the Goods, by written notice to Quality Mall through our Contact Us page at https://www.quality-mall.com. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
8.2 Without prejudice to any other right of termination elsewhere in these Conditions, Quality Mall acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
8.2.1 the Goods under the Contract being unavailable for any reason; and/or
8.2.2 the Goods under the Contract has been mispriced on the Platform.
9 Warranties and Remedies
9.1 Subject to this Clause 10 of these Conditions, Quality Mall warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 3 or 6months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period").
9.2 Quality Mall’s above warranty concerning the Goods is given subject to the following conditions:
9.2.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Quality Mall.
9.2.2 Quality Mall 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, failure to follow Quality Mall's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Quality Mall's approval.
10 Liability
10.1 In no event shall Quality Mall 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 Quality Mall had been advised by the Buyer of the possibility of incurring the same.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
COLLECT YOUR INFORMATION
This policy sets out how we process any information that we collect from you or you provide to us through our website. It may provide includes:
1. PERSONAL DATA
Contact information (such as name, email address, mailing address, and phone number);
Payment information (including payment card numbers and associated identifiers, billing address, and bank account information); and
Account log-in credentials (which for some Services may include social network credentials).
You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.
2. DERIVATIVE DATA
Information our website automatically collects about you. With regard to each of your visits to our website we may automatically collect information including the following:
Technical information, including a truncated and anonymised version of your Internet protocol (IP) address, browser type and version, operating system and platform.
Information about your visit, including what pages you visit, how long you are on the site, how you got to the site (including date and time); page response times, length of visit and what you click on.
3. FINANCIAL DATA
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site.
We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor which is eGHL payment.
4. MOBILE DEVICE DATA
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.
5. THIRD-PARTY DATA
Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.
6. DATA FROM CONTESTS, GIVEAWAYS, AND SURVEYS
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
7. DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
Administer sweepstakes, promotions, and contests.
Assist law enforcement and respond to subpoena.
Compile anonymous statistical data and analysis for use internally or with third parties.
Create and manage your account.
Create and manage your account.
Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
Email you regarding your account or order.
Enable user-to-user communications.
Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
Monitor and analyze usage and trends to improve your experience with the Site.
Notify you of updates to the Site such as offer new products or recommendations to you.
Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
Process payments and refunds.
Request feedback and contact you about your use of the Site.
Resolve disputes and troubleshoot problems.
Respond to product and customer service requests.
Send you a newsletter.
8. BY LAW OR TO PROTECT RIGHTS
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
9. CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
