Disclaimer:

Disclaimer regarding Terms and Conditions is as follows, all Terms and Conditions will use one type of language which is "English" as a whole. Although Pazarme.com has several types of sender languages, but as Terms and Conditions still use one type of language (English) to regulate the laws in Pazarme.com.

Article 1. Purpose

1.1. These General Terms and Conditions of E-commerce Sale (hereafter referred to as “T&C“) apply to the online sale of all Products (as defined hereafter) of {Vendor Company} or {(“Vendor Company Brand”)} or Company (the "Company")  or Vendor the ("Vendor") via this Pazarme.com (the "Pazarme") platform to any professional customer (the “Customer“) or buyer (the "Buyer"), either individually or as a group; referred to as “Parties” or “Party” on the www.pazarme.com/en/{Vendor-Brand/} Vendor website (the “Microstore“) or Vendor Storefront (the "Vendor Store") or Vendor Application (the "Vendor Application") or Vendor Product Site (the "Product Site") or Product (the “Product Page”) or Vendor Page (the "Vendor Page") or Vendor Blog (the "Vendor Blog").

1.2. All Customer or Buyer orders imply unconditional acceptance of the T&C and express renunciation of the Customer’s own general terms and conditions of purchase.

{Vendor Company} reserves the right to modify the T&C at any given moment. This applies to all new orders and those which have been previously placed. {Vendor Company} requests that the Customer reads the T&C for each order.

1.3. If {Vendor Company} does not exercise its rights at a given time, in relation to one of the clauses within the T&C, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.

Article 2. Products

2.1. In the conditions as outlined when an order is placed, {Vendor Company} offers its Customers:

1. Digital television test and monitoring equipment (Equipment); individual embedded software solutions and/or software which can be embedded in the Equipment (“Software“). (Equipment and Software are collectively known as “Products“).
   

2.2. The sales and delivery of all Products presented on the Website are available for the Malaysia or Indonesia or Singapore Community only. {Vendor Company} ensures that the Product descriptions inform the Customer of the necessary product information before the Customer places an order.

2.3. {Vendor Company} commits to carefully, conscientiously and reliably processing each order in compliance with the industry rules and practices in force at the time of the order.

3.1 Before placing a Product order via the Website each Customer must create an account and Customer identification number.

3.2 When placing the first order, the Customer must follow the account creation procedure and provide the Customer’s postal details, email address and create a password. This password is personal and is under the Customer’s responsibility. Customers must immediately inform https://pazarme.com/ of lost or forgotten passwords by changing said password on the relevant webform on the Website.

4.1. If a Customer wishes to place an order, the Customer must add the desired Products to the Customer basket by clicking on the “add to cart” button. The Customer can, at any moment, access the Customer cart and make changes by clicking on the corresponding link.

4.2. Once the Customer is ready to confirm the Customer cart, and therefore the order, the Customer must click on the “proceed to checkout” button.

The Customer will then follow the order procedure by providing the required invoicing and delivery information.

4.3. The Customer will receive an information summary at the end of the procedure:

1. Pazarme.com identification;
   
2. Ordered Products description;
   
3. Ordered Products price (excl. and incl. VAT or GST or SST or Service Tax and Marketplace Service);
   
4. Shipping costs;
   
5. Total order price;
   
6. Method of payment;
   
7. Invoicing address;
   
8. Type of delivery;
   
9. Delivery address;
   
10. The present General Terms and Conditions of Sale.
    
11. I accept the Terms & conditions of {Vendor Company}
    

In this way, the Customer can then correct any mistakes which may have occurred when entering the information.

If the order is correct, the Customer must read these General Terms and Conditions and accept them by ticking the box for this purpose or by cancelling the order.

4.4. The Customer then confirms the order by clicking on the “place order” button. This final confirmation counts as a signature and express agreement of both the order and these General Terms and Conditions, pursuant to the law of 01st December 2020.

5.1. The computerised records stored in Pazarme.com systems will be considered as proof of communications and orders.

5.2. It is expressly agreed that the data stored in Pazarme.com systems has probative value with regards to Customer orders.

5.3. Once an order has been confirmed, {Vendor Company} via Pazarme.com sends the Customer confirmation by email to the email address provided on the Customer account.

5.4. The Customer can track the Customer order via the Customer account on the Website of Pazarme.com or https://www.pazarme.com/en/orders/.

6.1. Product Prices as stated on the Product description are shown in Malaysia or Ringgit Malaysia or MYR or RM. That includes all taxes, for Malaysia and does not include all fees for Customs for those involved in cross-body.

6.2. Payment is made according to the conditions set when the order is placed. All payments must be made in full when ordering. Pazarme.com also reserves the right to invoice the buyer for bank fees and charges that the Company may have to pay on behalf of the Customer and that does not allow Pazarme.com to recover the amount due.

6.3. Pazarme.com accepts two payment methods:

1. Payment-secured bank cards (Mastercard and Visa Card and UnionPay).
   
2. Bank transfer via Financial Process Exchange (FPX) for Malaysia only.
   
3. Digital Bank Stripe and PapPal.
   

6.4. Pazarme.com does not have access to the details of the Customer Bank and is only notified via the API's Bank or Email to the Bank or a Statement from the Bank that the payment has been made by the customer or the buyer to Pazarme.com.

6.5. If there is no payment confirmation, the order is canceled and the Customer will be notified via email or using the relevant notification.

7.1. Products are available for sale as they appear on the Website, except for the Monitor product range which is not available for online sales.

7.2. In the event that a Product is unavailable once an order has been placed, {Vendor Company} will immediately inform the Customer and will, if needs be, reimburse the Customer as quickly as possible and at the very latest within fourteen (14) working days.

8.1. {Vendor Company} holds all intellectual property rights or has obtained consent and permission from the Intellectual Property Holding Company for Products or services that can be marketed or sold or rented and the Customer will not infringe those rights. The list of licensed products or services is as follows enclosed in the column or section "Product Page" under the regulation by the Vendor ( https://www.pazarme.com/en/{Vendor-Brand/} ) himself in the column that has been stated the content of information such as:

1. Vendor {“Microstore”}.
   
2. Product {“Product Page”}.
   
3. Product Page {“Description”}.
   
4. Product Page {“Features”}.
   

8.2. The purchase of a product is not a transfer of intellectual property rights or a restriction of intellectual property rights and / or to the knowledge of {Vendor Company}, either before or after the order is placed.

8.3. Subject to agreement with T&C and full payment by the Customer, {Vendor Company} grants the Customer the non-transferable, non-exclusive use rights of all Software (order objects) and related documentation, in binary format, for the full term of the current intellectual property rights and future as agreed and determined by the Malaysian Intellectual Property Code and related international conventions. Customers only accept this right of use.

8.4. Without express and written authorisation from {Vendor Company}, the Customer is not permitted to

(i) reproduce, represent, modify, translate or adapt, in any form or format, or use the Software and related documentation in any manner and/or

(ii) reverse engineer the Products (with the exception of legal requirements to the contrary).

8.5. {Vendor Company} may integrate third-party technologies known as  “free” technologies. If this is the case, it will be mentioned on the Product description. Information regarding specific Customer rights and obligations will be provided in related Software documentation.

9.1. If there are no specific conditions at the time of ordering, all Products are "Shipped on Place" (Incoterms 2010 - International Chamber of Commerce). Products depart from {Vendor Company} or Pazarme Fulfillment Center, which are subject to certain policies or customs-related policies. During the delivery period, all product problems will be borne by the shipper and all risks borne by the shipper registered with Pazarme.com are protected by the shipping policy set by the shipper. The latter may, in the event of a malfunction, make a claim to the carrier in accordance with the article Shipping and Delivery Policy or Return / Replacement Policy or Cancellation Policy.

9.2. It is expressly agreed by the Parties that Products are deemed as delivered (“Delivery Date“) as the case may be, when:

1. They are provided for Customers at the facility as mentioned in the previous Article. In such cases, {Vendor Company} notifies the Customer that the Product is available, with notice (1 - 15) working days is the period to the customer. Customer has eight (8) days to collect Products.
   
2. Software is made digitally available to the Customer, where applicable. The Customer receives a notification of all useful information pertaining to his rights which are granted upon Product purchase.
   

9.3. All Customer Complaints regarding Product compliance shipped with the order must be submitted to {Vendor Company} or Pazarme Fulfillment Center within two (2) days after Customer receives the Product. After this time, the Customer is deemed to have received irrevocable and unconditional delivery.

10.1. Subject to applicable law and as of the Product Delivery Date:

1. All Equipment, including parts and labour, is guaranteed for a period of twelve (12) months.
   

The present guarantee covers all Product issues relating to non-conformity and/or hidden defects, to the exclusion of: 

(i) any warranty (express or implied) and,

(ii) any worn out parts, integrated products and accessories which have not been manufactured by {Vendor Company}. In the latter case, the Customer will make a representation to the Product manufacturer in question.

10.2. In the event of a claim, the Customer will send an email to {Vendor Company} at the following address: support@{Vendor Domain Email} or Helpdesk Pazarme. {Vendor Company} will inform the Customer of the correct procedure to follow.

1. In this case, the Products will be returned to {Vendor Company} at the Customer’s expense and responsibility.
   
2. {Vendor Company} will, at its own discretion, repair or replace the guaranteed Products which {Vendor Company} has deemed to be faulty, as quickly as possible. It is only in this case that the Products will be returned to the Customer at {Vendor Company} expense.
   
3. If a Product under guarantee is returned and is deemed to be no longer under guarantee, in compliance with Article 10.3, the necessary services to be supplied by {Vendor Company} to the Products in question will be invoiced to the Customer, following a quote which the Customer will have received and accepted prior to any such services being provided.
   
4. The present guarantee will not be extended following damaged Product replacement and repair.

10.3. Subject to applicable law, all guarantees are excluded in the event of: 

(i) The Customer’s  failure to pay the Price, 

(ii) Abnormal and/or improper use of Product in respect of its designation and/or documentation, 

(iii) Usage which does not comply to the Product laws and regulations in force in the country of use, 

(iv) Combining one or several Products with another product (or Product) which would lead to infringement of the rights of any third-party, 

(v) A Product/Service infringement or alleged infringement on third-party patent(s), 

(vi) Customer negligence, and 

(vii) Force majeure.

10.4. In the event that a fault occurs with a Product after the aforementioned period, the Customer will inform 

{Vendor Company} by sending a detailed description of the problem using the method of communication of the Customer’s choice. {Vendor Company} may offer the Customer a maintenance service as part of a separate contract.

10.5. In the event of a claim by a third-party for infringement of intellectual property rights caused by a Product, the Customer will, subject to the provisions of Article 8.3:

(1) inform {Vendor Company} as quickly as possible,

(2) accept that {Vendor Company} may, as it wishes and at its own expense, either

(i) replace or change all or part of the Products, on the condition that the Customer has respected all the Customer commitments and that legal action was taken before a competent court and that {Vendor Company} is able to offer a defence as it has the full right to do, and with full Customer collaboration and support; or

(ii) gain user rights for the Customer under the same conditions, for a solution offering essentially the same precisions; or 

(iii) make a unilateral decision to end the right which had been granted and reimburse the Customer the Price excluding tax paid by the Customer for the Product in question if the said third-party claim is made within two (2) years following the Delivery Date.

The same will apply if {Vendor Company} deems a similar claim to be possible.

10.6. The provisions of this Article define all {Vendor Company} obligations in terms of Product guarantee.

11.1. In the event that an order is not processed, or badly processed due to an error on the part of {Vendor Company} or one of its subcontractors (except for deliveries), {Vendor Company} will repair direct damages.

{Vendor Company} will not be held liable for any indirect and/or non-material damage (such as operational loss, customer loss, missed opportunities and data loss, etc.). This is expressly accepted by the Customer.

11.2. It is recalled that the Customer is solely and fully responsible for the use of Products and their interface with the Customer’s software and equipment environment.

1. The Customer 
   

(i) confirms that he holds or has access to the rights necessary for placing the order including the materials that he may provide by whatever means, (Customer Materials), either individually or combined, and/or with one or several {Vendor Company} Products;

(ii) will be the only person responsible for Customer Materials and guarantees {Vendor Company} against any third-party claims in this respect, regardless of the reason. {Vendor Company} does not check the free availability of Customer Materials; the Customer expressly accepts this.

11.3. In all cases, it is expressly agreed between Parties that, subject to the laws in force, the total amount of indemnities, damages and charges of any kind payable by {Vendor Company}for the Customer’s benefit as a result of a court decision (i.e. a matter on which the Court has given final judgement) will not exceed a global limit, including all litigations, equal to the Price excluding tax received by {Vendor Company} for the damaged Product/Service in question.

11.4. Any action, claim or demand by the Customer with respect to {Vendor Company} in relation to delivery of a purchase order must be made within a maximum timeframe of one (1) year after the event in question, or deemed to be inadmissible by prescription.

11.5. The present provisions establish the distribution of risk between the Parties. The Price reflects therefore both this distribution and the limitations of the responsibilities described.

12.1. If necessary, {Vendor Company} can subcontract part of the order processing to a third party and will inform the Customer of the identity of any such subcontractors.

12.2. {Vendor Company} will be fully responsible for the tasks assigned to its subcontractors and of compliance to the subcontracting laws.

13.1. In the event of a force majeure, as defined of the Civil Code, the Parties’ obligations, in terms of the order, will be suspended during the force majeure and will be reapplied once the latter has been declared as finished.

13.2. Failure to execute an order due to a force majeure shall not give rise to any right of recourse. In the case where any such event may prevent {Vendor Company} from honouring its commitments, {Vendor Company} will inform the Customer as quickly as possible.

13.3. {Vendor Company} and/or the Customer will be able to cancel the order, after notification, if the force majeure lasts for longer than sixty (60) days following its initial occurrence. Neither Party will have the right to claim damages or compensation.

13.4. In the event of a force majeure, the Parties agree to meet as soon as possible in order to agree in good faith to the terms and the conditions of the order cancellation.

14.1  The “Customer“ agrees that is shall not perform or caused to be performed any act which violates Personal Data Protection Act 2010 (including their subsidiary legislations and guidelines) (“PDPA 2010”) and shall exercise a reasonable degree of skill, due diligence, prudence and foresight to comply with all principles set out herein including, registering itself with the Personal Data Protection Commissioner of Malaysia as data user (if required), having in place adequate and reasonable procedures, protection and measures and continue to keep such procedures, protections and measures in place, in order to maintain the confidentiality and prevent unauthorised use and unauthorised disclosure of any personal data which came into possession of the merchant in the course of transacting Card Transactions and that it will not make any copies of the personal data or reproduce any of it in any form.

14.2  Upon the termination of this Agreement for any reason whatsoever, “Customer“ shall immediately cease all processing personal data which came into possession of the “Customer“ in the course of transacting via {Vendor Company} and Pazarme System and will return to {Vendor Company} and Pazarme in a format specified by 

{Vendor Company} and Pazarme, or destroy, as {Vendor Company} and Pazarme may request in its discretion, all personal data processed by the “Customer“.

Without prejudice to the other T&C provisions, all orders will be cancelled thirty (30) days following a payment summons, sent via registered letter with acknowledgement of receipt to the defaulting Party indicating the other Party’s intention to apply the present Article in case of failure to pay. This may be applied without prejudice to any damages that the victim of the misconduct may legally claim.

16.1  Should it be necessary for {Vendor Company} to defend or enforce any of its rights under this Agreement in any collection or legal action, “Customer“ agrees to reimburse {Vendor Company} and/or Processor and/or Member, as applicable, for all costs and expenses, including reasonable collection agency and attorney’s fees, as a result of such collection or legal action.

16.2 {Vendor Company}, and “Customer“ agree that this Agreement and all disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of Malaysia and “Customer“ hereby submits to the non-exclusive jurisdiction of the Courts of Malaysia.

We suggest that you use these Terms and Conditions, if there are any changes related to your product please refer to Article 8(eight) Right of Use. These terms and conditions are related to you (vendor) and buyer.