Terms and Conditions of Sales for Kuali Shop
1. General Information
(a) Kuali Shop (www.kuali.com/shop) (“Kuali Shop”) is owned and operated by Star Media Group Berhad (Company No.: 197101000523 (10894-D) (“STAR”). These Terms and Conditions shall govern the supply of products to you via Kuali Shop by STAR.
(b) Kuali Shop provides a marketplace for the sales and purchase of products between you and third-party sellers. The identity of seller for a particular product listed herein, be it STAR or a third party seller, will be stated on the relevant webpage listing such product.
(c) In the event you place an order for the purchase of a product sold by a third party seller vide Kuali Shop, this shall constitute a validly binding contract entered into directly between you and such third party seller. For clarity, STAR is not privy to the contract concluded between you and the third party seller and STAR accepts no obligations and assumes no responsibilities/liabilities in connection with any such contract.
2. Access & Use
Please read these Terms and Conditions carefully as they contain binding legal terms and obligations including limitations or exclusions of liability. By placing an order vide Kuali Shop, you are deemed to have fully read, understood and agreed to these Terms and Conditions.
3. Amendments
STAR reserves the right to amend these Terms and Conditions at any time without prior notice and the amended Terms and Conditions will be uploaded onto Kuali Shop. You are highly encouraged to visit Kuali Shop regularly to ensure that you are aware of any amendments made by STAR.
Your continued usage of Kuali Shop after amendments are posted thereon shall mean you agree to be legally bound by these terms as amended.
4. Price and Payment
(a) Unless stated otherwise, price displayed on Kuali Shop is exclusive of delivery charges and any other applicable government taxes and/or levies which shall be borne by you separately.
(b) STAR reserves the right to change the pricing at any time with or without reasons. STAR shall notify you of the price change and provide the option to cancel your confirmed order, free of charge.
(c) STAR shall not be obliged to fulfil your order if the price displayed on Kuali Shop is incorrect (even after your order has been acknowledged and accepted by STAR) and you will receive a refund.
(d) Order is only confirmed upon successful payment and thereafter STAR will send you an email confirmation. If a payment is not successful, STAR will not process your order unless payment has been fully settled.
(e) If you do not receive the email confirmation from STAR after three (3) days from the date of order placement, please contact STAR at kuali@thestar.com.my .
(f) STAR shall not be held liable for any additional interest and/or fee charged by any bank/financial institution/payment gateway service provider for any transaction/administrative fee. Please check with your bank/financial institution/payment gateway service provider for details.
(g) A certificate signed by an officer of STAR shall be the conclusive evidence as to any amounts owing hereunder.
5. Non-cancellation Policy
Unless otherwise stated herein, your order is non-cancelable and payment made by you will be forfeited in the event of cancellation.
6. Product Availability
The availability of the products posted on Kuali Shop depends on the respective sellers’ stocks availability and STAR does not guarantee the availability of any product at all times.
7. Delivery
(a) Product will be packed and delivered by the third party seller in their standard packaging to the address specified by you in the order form.
(b) If you are not available to take delivery, STAR will send you an email giving you instructions on either re-delivery or own collection from the carrier. You may be required to pay additional shipping fee if you opt for re-delivery.
(c) Delivery date quoted in Kuali Shop is approximate only and delays may occur. Time for delivery/performance shall not be of the essence, and STAR shall not be liable for any delay in delivery or performance howsoever caused.
(d) Upon delivery of the product, you are required to sign for delivery. Tax invoice for your order will be enclosed in the delivery parcel and you may contact the third party seller directly in case of any faults, defects or damage to the delivered product.
8. Return & Refund
(a) The return policy for each product can be found on the product’s webpage. You may initiate the return process by contacting the third party seller directly.
(b) Notwithstanding Clause 8(a), you should inspect your order for perishable product as soon as the same arrives and return the perishable product to the driver at the time of delivery.
(c) Returned product must be received by the seller in order for STAR to initiate a refund. You shall ensure that the product is returned to the seller in the same condition as it was when received by you and is packaged properly. In the event that a product is returned to the seller in an unacceptable condition, STAR reserves the right not to process your refund.
(d) If the returned product met the requirements of the seller’s return policy, your refund will be processed in the next fourteen (14) business days.
(e) Refund will be made to your original mode of payment.
9. Disclaimer & Indemnity
(a) While STAR will use reasonable commercial effort to include accurate and up to date information of the products in Kuali Shop, STAR makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content.
(b) STAR and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of Kuali Shop and any usage of the product or materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) You agree to indemnify and keep STAR and its directors, officers, employees, agents and affiliates harmless from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of Kuali Shop and the products supplied herein.
10. Force Majeure
(a) STAR shall not be held liable for any breach, hindrance or delay in the performance of an obligation herein attributable to any cause beyond its reasonable control, including without limitation:
(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;
(e) Any acts, decrees, legislation, regulations or restrictions of any government; and
(f) The acts, decrees, legislation, regulations of any shipping, postal or other relevant transport strike, failure or accidents.
(b) In the event that a force majeure event lasts for more than seven (7) days and STAR is unable to deliver the product, STAR may forthwith terminate your order by serving a written notice without any liability other than a refund.
11. Miscellaneous
(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia.
(b) Nothing herein contained shall be construed as establishing or creating a partnership or a relationship of master and servant between the parties hereto and none of them shall have any authority to bind the other in any way nor shall it be construed to constitute one party the agent of the other party hereto.
(c) If any provision herein is, or may become, under any written law, or is found by any court or administrative body of competent jurisdiction to be illegal, void or invalid, then, such provision shall be fully severable and the remaining provisions shall remain in full force and effective and shall not be effected by the illegal, void or invalid provision or by its severance.
12. Customer Service
If you have an order query, please contact STAR at kualicares@thestar.com.my.
Last updated 16th March 2020
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