I - TERMS AND CONDITIONS

This website is operated by Thong Sia Sdn Bhd (87055-A). Throughout the site, the terms “we”, “us” and “our” refer to Thong Sia Sdn Bhd (87055-A). Thong Sia Sdn Bhd (87055-A) offers this website, including all information, products and services available from this site to the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing product from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

We may amend these Terms of Use and other rules and policies relevant to the use of the website from time to time without prior notice. Please check back frequently for any updates or changes to these Terms of Use. Your continuing use of the website will be deemed as your acceptance of the revised Terms of Use.

1. TERMINOLOGY
The following commonly used terminology at the website referring to:

a “Net Price per Unit” refers to the Selling Price of each unit of Product after, where applicable, apportioning and deducting discounts, promotions or other price reductions offered by us on the website;

b. “Order” means an order for Products placed by you and allocated an order number by us;

c. “Personal Data” means data, whether true or not, that can be used to identify you. It includes any data that you supply to us when using the Services, such as your name, gender, date of birth, nationality, contact number(s), e-mail address(es), shipping address(es), billing address(es) and payment information, regardless of whether you maintain a registered account with us;

d. “Purchase Procedure” mean the procedure sets out in Section II of these Terms of Use;
e. “Product(s)” mean the product(s) made available to you at the website;
f. “Selling Price” refers to the price of each Product listed on the website;
g. “Services” mean the services, information and functions made available to you at this website; h. “you” or “your” means the user or visitor of this website

2. PRICING AND DISCOUNTS

All prices listed on the website apply to purchases made at the relevant site only. All other discounts or promotions which are not available through the website are not valid for the purchases. All prices displayed on this website are quoted in Malaysian Ringgit (MYR / RM). We may vary the prices at the website at any time without prior notice.

3. PERSONAL USE

All Products sold are for personal use only. Material and information posted on the website are for personal use only. No re-sale or other commercial use is allowed.

4. WHEN WE ACCEPT YOUR ORDER

By registering and completing the Purchase Procedure, you offer to purchase our Products. We will send you an Order Acknowledgement by e-mail to acknowledge your Order. However, this is not an acceptance of your Order. We will only send you an Order Delivery Notification of your Order after the availability of stock and carrier or courier service, and receipt of your payment are confirmed. We reserve the right not to accept Orders for any Products or Services for any reason whatsoever.

5. COOKIES

5.1 We may obtain information about your computer, including, where applicable, your IP address, operating system and browser type, for administration of the system and statistical analysis. This is used to obtain statistical data on how you browse the website.

5.2 We may obtain information about your online movements and general Internet use by means of a cookies file that is stored in your computer’s hard drive for the same reason. The cookies contain information that is transferred to your computer’s hard drive.

5.3 Our system will produce cookies when you connect to our website unless you have adjusted your browser’s settings to decline them. However, if you do this, you may not be able to access certain parts of the website.

6. PRODUCT INFORMATION

Products displayed on the website may or may not be available at the Stores. We make no representations or warranties that any of the Products displayed on the website will be available at any time or location.

7. MINORS
Persons under 18 years old should use our website only under the guidance of a parent or guardian.

8. COMMUNICATION FROM YOU

Any communication or material you transmit to the website by e-mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as non-confidential and non- proprietary. Anything you transmit or post becomes our property and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We assume the right to use any ideas, concepts, know-how or techniques contained in any communication you send to the Platform for any purpose including, but not limited to, developing, manufacturing and marketing Products using aforesaid information. Any Personal Data collected will remain confidential and will be treated in accordance with our Privacy Policy Statement.

9. EXCLUSION OF REPRESENTATIONS AND WARRANTIES

We will use reasonable commercial efforts to include accurate and up to date information on the website, but we make no representations or warranties as to its accuracy. Neither us or any other party involved in creating, producing, delivering or maintaining the website shall be liable for any direct, indirect, special, incidental, or consequential, damages losses, costs and expenses arising out of or in any way in connection with your access to or use of the website. Everything on the website is provided to you “as is as available” basis without any express or implied warranties, including, warranties of merchantability or fitness for a particular purpose. We do not warrant that the functioning of the website will be error free, that defects will be corrected, that the website or the host server is malware free or will not be interrupted due to technical problems or is hack-free. We are not responsible for the content of any websites linked to the website or for any services offered by linked sites and take no responsibility for, and give no warranties, guarantees or representations in respect of such links. We are not responsible for any actions of our Authorized Dealer and make no representations or warranties with respect to the services they provide to you in connection with your use of the website or the purchase of the Products.

10. LIMITATION OF LIABILITY

10.1 To the fullest extent permissible under applicable law and save for and limited to the Return Policy, Exchange Policy and international warranty (which shall be your sole and exclusive remedies for defects or non-conformity in the Products you have purchased through the website), we disclaim any and all representations or warranties of any kind, whether express or implied, in relation to the Products and our Services.

10.2 We will not be liable to you, or any third party in contract, tort or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with your use of and the functioning of the website (including but not limited to any interruption, introduction of malware, hacking, inaccuracy, error or omission) or the provision of the Products or Services regardless of cause and as such we accept no liability for any claims, liabilities, losses, damages, costs and expenses arising therefrom.

10.3 Notwithstanding any other provisions to the contrary in these Terms of Use, our maximum cumulative liability to you or to any other party in contract, tort, or otherwise for any claims, liabilities, losses, damages, costs and expenses under, arising from or in connection with your use of the website and the sale of Products to you shall not in any circumstances exceed the cumulative sum paid by you to us under each Order. But in no event shall we be liable to you for any loss of profits, business contracts, sales, or for any special, indirect, incidental or consequential damages or losses of any nature.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless to Thong Sia Sdn Bhd (87055-A) and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. CUSTOMER’S REPRESENTATIONS AND OBLIGATIONS

You warrant and represent to us that (i) you have the authority and legal capacity to agree to these Terms of Use; (ii) the Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; (iii) you will comply with all applicable agreements, law, statutes, ordinances and regulations with regard to the use of the website and/or the services; (iv) you will not introduce any malware to the website; and (v) you will not introduce any material that is unlawful, defamatory, indecent, obscene or abusive in any way to the website. You agree not to impersonate any other person or entity or to use a false name or a name you are not authorized to use. You agree to notify us of any actual or suspected misuse of your user ID and password. You agree that we may deny access to the Services if we know or reasonably suspect that your user ID and / or password is being misused.

13. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of our provision of Service attributable to any cause beyond our reasonable control, including without limitation the following events (“Force Majeure Event(s)”):

a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks f.The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents. g. Failures of the internet or any public telecommunications network, failure of our hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections or power failures or failures of your computer systems or networks.

13.2 In the circumstance that the Force Majeure Event lasts for more than one week, either you or we may cancel the Order forthwith by written notice and without any liability other than a refund for a Product already paid for by you and not delivered.

13.3 If we have contracted to provide identical or similar Products to more than one customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure Event, we shall have the absolute right to decide at our sole discretion which Order we will process and to what extent.

13.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under each Order despite the Force Majeure Event.

14. TERMINATION

We reserve the absolute discretion to determine whether there has been any breach of these Terms of Use by you. When a breach has occurred, we may take any actions as we deem appropriate including to temporarily or permanently terminate your registration or access to the website immediately, issue a warning to you, commence legal actions against you and/or disclose to the relevant enforcement authorities such information as we deem necessary to commence actions against you. Any accrued rights at the date of termination will remain enforceable after termination.

15. PERSONAL DATA

We may collect, use and disclose Personal Data that you provide to us in order to provide the Services, supply the Product to you, process your Order and payment. Please see our Privacy Policy Statement for more information.

16. SEVERABILITY

Our failure to enforce any right or provision of these Terms of Use shall not be deemed as waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Use which are not affected shall remain in full force and effect.

17. GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of Malaysia without regard to principles of conflict of laws. A person or entity who is not a party to these Terms of Use shall have no right to enforce any terms or enjoy any benefits under these Terms of Use.

18. JURISDICTION

Any dispute arising from and connected with your use of the website, the sale and purchase of the Products shall be submitted to the non-exclusive jurisdiction of the Malaysia courts.

II - PURCHASE PROCEDURE

1. Select the Products and View the Product Information

Select the Products you want to purchase by clicking on the “Add to Cart” button. After adding the Products to the “Shopping Cart”, you can click the “View Cart” button and you will be directed to the “Shopping Cart” where you may view the Product details.

2. Put the Products in the Shopping Cart

Your Shopping Cart shows information including the Products you have selected and intended to buy, the quantity, shipping charges (where applicable) and the total amount to be paid. You can modify the Products or quantity you are going to purchase.

3. Registration

You may register as a member to easily checking your Order history at the website. If you would like to register as a member, please fill in the account registration column. It is not compulsory to be a registered user to access the website or make a purchase.

4. Checkout Details

The checkout details will show your selected Products, quantity, shipping charges (where applicable) and total amount to be paid.

5. Complete the Information Required and Proceed to Payment

When you have filled in all the required details, you can proceed to payment by clicking “Check out”. You will be re-directed to payment methods to complete the payment procedures.

6. Order Confirmation

When the processing of your Order is confirmed, you will receive an e-mail stating the Order details and you may check the status of the Order in the website (if you have registered an account).

7. Cancellation of Order

Your Order cannot be cancelled once your payment is processed. You may only request for a return or exchange of the Product under Return Policy of these Terms of Use.

III – ORDER DELIVERY

1. Delivery & Shipping

We will make reasonable effort to process your Orders within 3 working days of receipt. We are not responsible for any damage, destruction or loss of the Products or late delivery, wrong or missed pick up or tracking issues with the courier. We are not liable for costs sustained as a result of a change in information on your side, for example, change of shipping address.    

 

2. Bounced Delivery    

Any additional costs in connection with the bounced delivery such as storage costs or re-delivery costs shall be solely borne by you. Further subsequent bounced deliveries of the Product or if it remains unclaimed afterwards shall be deemed as our property and we shall not offer any refund or compensation whatsoever.    

IV - PAYMENT OPTION AND SECURITY

Our Business Partner for processing payments is iPay88 and you may read its privacy policy at https://payment.ipay88.com/privacy.asp By continuing to the payment process, you shall be deemed to have read and agreed to the terms and conditions and privacy policy of iPay88. When you place Orders with us, we offer the use of a secure server. The secure server software, Secure Sockets Layer (SSL) encrypts all information you provide before it is sent to us. Whilst we strive to protect your personal information and process your Order and payment securely by constantly reviewing and enhancing our security measures, no method of transmission over the internet or electronic storage is 100% secure and we cannot be held liable for any loss you may suffer for any unauthorized access or loss of any data provided to the website. We may (but are not obliged to) notify you when there is a security breach.