Terms & Conditions
Welcome to the www.sitashop.com.my website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Sita New Multimedia Sdn Bhd (1232227-K), “Sitashop” , a company incorporated in Malaysia under registration number 1232227-K and having its registered address at No.15-3A, Jalan SS 26/4, Mayang Plaza, Taman Mayang Jaya, Petaling Jaya, 47301, Selangor, Malaysia. Sitashop is subsidiary owned by Sita New Multimedia Sdn Bhd.
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 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.
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 if there are any changes. 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.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "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 the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
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 pricing 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.
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 and international conventions. 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.
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 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.
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.
1. Basis of the Contract
1.1 The supply of Goods by Sitashop 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.
1.2 Any information made available in Sitashop’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.
1.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and Sitashop.
1.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Sitashop in its website shall be subject to correction without any liability on the part of Sitashop.
1.5 Sitashop may provide Buyer with electronic documents such as tax invoice, receipt, credit note, debit note, or any other document.
2. Orders and Specifications
2.1 Order acceptance and completion of the contract between the Buyer and Sitashop will only be completed upon Sitashop issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Sitashop 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. Sitashop shall furthermore be entitled to require the Buyer to furnish Sitashop with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
2.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of Sitashop and on terms that the Buyer shall indemnify Sitashop 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 Sitashop 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 Sitashop’s website at the time which the Buyer makes its offer purchase to Sitashop. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Sitashop in addition to the price.
4. Terms of Payment
4.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Sitashop’s website. The terms and conditions applicable to each type of payment, as contained in Sitashop's website, shall be applicable to the Contract.
4.2 In addition to any additional terms contained in Sitashop’s website, the following terms shall also apply to the following types of payment:
4.2.1 Bank Transfer
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to Sitashop’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Sitashop, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, Sitashop accepts online bank transfers from AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB Bank, Affin Bank and Bank Rakayat.
4.2.2 Cash On Delivery
Cash on Delivery (Pay cash upon delivery) is available within the region of Klang Valley. Sitashop reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
We offer PAYPAL as our payment gateway. PayPal allows secure payment with your PayPal account or credit card. You will be redirected to PayPal to finalize your order when checking out. More information about PayPal is available at www.paypal.com.
4.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected, then without prejudice to any other right or remedy available to Sitashop, Sitashop shall be entitled to:
4.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or
5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
5.2 Sitashop 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.
5.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Sitashop shall not be liable for any delay in delivery or performance howsoever caused.
6. Warranties and Remedies
6.1 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.
6.2 Subject to this Condition 8, Sitashop 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 12 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Sitashop further gives to the Buyer such implied warranties as cannot be excluded by law.
6.2.1 Sitashop’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 Sitashop.
(b) Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
(c) Sitashop binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Sitashop's opinion in that behalf. Sitashop does not give any warranty as to the quality state condition or fitness of the Goods.
(d) Sitashop 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 de-fects, alteration of the Goods without the prior agreement of Sitashop, addition and insertion of parts, in particular of spare parts which do not come from Sitashop.
(e) Sitashop 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 Sitashop's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Sitashop's approval.
(f) Sitashop is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Sitashop’s prior written approval and the Buyer shall indemnify Sitashop against each loss liability and cost arising out of such claims.
(g) Sitashop shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
(h) Sitashop shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
6.2.2 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 Sitashop within seven 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. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Sitashop shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Sitashop had contracted to deliver.
6.2.3 If the Buyer does not give due notification to Sitashop in accordance with the Condition 8.2.2, Sitashop shall have no liability for any defect or failure or for any consequences re-sulting therefrom. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet a specification is notified to Sitashop in accordance with Condition the non-conforming Goods (or part thereof) will be repaired or replaced free of charge as originally ordered. Where the Goods have not been repaired or replaced within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair or replacement, Sitashop may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair, replacement or price reduction being made as aforesaid, the Buyer shall have no further claim against Sitashop.
6.2.4 When Sitashop has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Sitashop’s property.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Sitashop, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.