1. redSHOP Terms & Conditions
This redSHOP website (the "Site") belongs to RED ONE NETWORK Sdn Bhd, a company incorporated in Malaysia under registration number 619094-D and having its registered business address at Unit 42, 3rd Floor, Block A, IOI Boulevard, Jalan Kenari 5, Puchong 47170, Selangor, Malaysia. These terms and conditions ("Terms and Conditions") apply to the Site, RED ONE NETWORK Sdn Bhd (619094-D), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
USE OF 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 or redeeming items available 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.
Every user of the Site 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. The Site 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.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
GST was implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by RED ONE NETWORK Sdn Bhd, being GST registered company, will include GST where applicable.
Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department ("Customs Department").
TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws. All rights are reserved.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of RED ONE NETWORK Sdn Bhd in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
1.1 In these Conditions:
"Buyer" means the person who accepts a quotation of RedONE for the supply of Goods or who otherwise enters into a contract for the supply of Goods with RedONE;
"Conditions" mean the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and RedONE;
"Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded;
"Goods" means the goods (including any instalment of the goods or any parts for them) which RedONE is to supply in accordance with a Contract;
"Writing" includes electronic mail 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 redONE to the Buyer under any Contract shall be subjected to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in redONE's website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and redONE.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by RedONE in its website shall be subject to correction without any liability on the part of redONE.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and redONE will only be completed upon redONE issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, redONE 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. redONE shall furthermore be entitled to require the Buyer to furnish redONE with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of redONE and on terms that the Buyer shall indemnify redONE in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damages charges and expenses incurred by redONE as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in redONE's website at the time which the Buyer makes its offer purchase to redONE. The price includes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar taxes.
5. Terms of Payment
The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in the redSHOP website. The terms and conditions applicable to each type of payment, as contained in the redSHOP website, shall be applicable to the Contract.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 redONE 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 redONE shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If redONE 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 redONE, to demand performance within a specified time thereafter, which shall be at least 14 days. If redONE fails 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 redONE'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 redONE's fault) then without prejudice to any other right or remedy available to redONE redONE reserves the right to charge the Buyer for all shipping costs (including returns). by the Buyer in connection with the assertion and enforcement of RedONE's rights under this condition.
7. Warranties and Remedies
7.1 Subject as expressly provided in these Conditions all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.
7.2 Subject to this Condition 7, redONE warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein within one (1) month commencing from the date on which the Goods are delivered or deemed to be delivered.
7.2.1 redONE's above warranty concerning the Goods is given subject to the following conditions:
(a) 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 redONE.
(b) RedONE shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of sedONE, addition and insertion of parts, in particular of spare parts which do not come from sedONE.
(c) RedONE 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 redONE's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without redONE's approval.
7.2.2 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to RedONE within seven (7) days from the date of receipt of the Goods or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. RedONE shall be given written notification immediately, specifying the reservations or the defect.
7.2.3 If the Buyer does not give due notification to RedONE in accordance with the Condition 7.2.2, RedONE shall have no liability for any defect or failure or for any consequences resulting therefrom
8.1 RedONE shall accept liability to the Buyer for death or injury resulting from its own or that of its employees' negligence. Save as aforesaid, redONE's liability under or in connection with the Contract shall be subject to the limitations set out in this Condition 8.
8.2 In no event shall RedONE 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 RedONE had been advised of the possibility of the Buyer incurring the same.
9.1 On or at any time after the occurrence of any of the events in condition 9.2 RedONE may stop any Goods in transit, suspend further deliveries to the Buyer and exercise its rights and/or terminate the Contract with the Buyer with immediate effect by written notice to the Buyer.
9.2 The events are:-
9.2.1 the Buyer being in breach of an obligation under the Contract;
9.2.2 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;
9.2.3 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;
9.2.4. the Buyer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
10.1 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.
10.2 No waiver by redONE 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.
10.3 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 question shall not be affected thereby.
10.4 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.
10.5 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 10.7.
10.6 Except as provided for in Clause 10.7, 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.
10.7 Notwithstanding Clause 10.6, redONE 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.
10.8 redONE reserves their right to these terms and conditions of sale at any time.