These terms and conditions shall govern your access and viewing of the Merchant's goods or services (hereinafter referred to as the Products') as well as the ordering and actual purchase of the Products from myGiftShop Sdn Bhd (hereinafter referred to as the "myGiftShop"), an online shopping website owned by myGiftShop and operated by epayAsia Sdn Bhd ("epayAsia").
Notwithstanding the foregoing, you understand that certain Products may have its own terms and conditions, which are specifically applicable to the Product or to the Product type alone. These specific terms and conditions are those of the Merchants and you may be required to access the Merchant's own website or such other relevant source to view the same.
These terms and conditions therefore should be read in conjunction with the Terms and Conditions for the myGiftShop Website as well as such other specific terms and conditions as may be applicable to a particular Product or particular type of Products. In the event that there is a conflict between these standard terms and conditions and the specific terms and condition of a Product, the latter shall prevail to the extent of the inconsistency.
These terms and conditions may be updated with or without notice from time to time. By accessing and viewing the Merchant's Products and submitting an order for the purchase of the Merchant's Products through myGiftShop, you are agreeing to be bound by and to comply with these terms and conditions as may be amended from time to time.
You must be of full age and capable of giving consent to any transaction hereto. Any persons who have not reached the age of eighteen (18) shall not transact in any event hereto. By accepting these terms and conditions, you represent and warrant that you are of the legal age of consent.
You are prohibited from submitting orders to purchase Products where you do not intend to complete such transaction(s).
By submitting an order to purchase any Product, you are obligated to complete such transactions subject to the terms and conditions herein.
Prices and specifications of Products are subject to change without prior notice. Any typographical or photographic errors in the Products' specification or pricing or offers or deals are subject to correction.
The Merchant makes every reasonable effort to ensure that the Merchant's Products displayed and/or advertised on myGiftShop, are in stock. However, the Merchant cannot predict certain out-of-stock conditions that may occur due to unexpected inventory demands, raw material shortages, etc.
Occasionally there may be promotions, offers and/or deals made by the Merchant in relation to certain Products. These promotions, offers and/or deals may be made subject to certain limitations including but not limited to a first come first serve basis and stock availability. You acknowledge these limitations and shall not under any circumstances hold the Merchant liable for the unavailability of Products due to any reason including but not limited to unforeseen circumstances, excess demand and limited stock.
Where the Merchant's Product is not currently available due to such circumstances or reasons, the Merchant will notify you of such unavailability as soon as practicable after the receipt of your order and thereafter refund any payment received from you in respect of the said Product(s) in accordance with the refund policy of myGiftShop.
Your placement of an order of the Merchant's Product through myGiftShop will be recorded as your offer to purchase a particular Product at a particular price. Once an order has been made, you agree that cancellation of the same is not permitted. The title to any Products purchased will remain with the Merchant until the successful processing of your payment by TeleMoney.
The Merchant shall be responsible for the delivery of the Products in accordance with the delivery schedule as stipulated on myGiftShop as may be applicable to the Product.
On your part, you shall make all arrangements necessary to take delivery of the Products whenever the Products are tendered for delivery.
In the event of any unsuccessful delivery of the Product due to your absence in receiving the Products at the designated address agreed by you, or your failure to provide accurate or complete address or other details required for delivery, you agree that you shall bear the cost of any further deliveries of the Products to you and that the Merchant shall give no refund to you for the Products or for the delivery charges thereto under the aforementioned circumstances.
Risk shall pass to you on successful delivery of the Products whereupon the Merchant shall have no liability whatsoever to you in respect of the Products save in instances where you reject and return the Products in accordance with the return policy as stipulated in myGiftShop.
The Merchants liability to you in this instance shall be limited to providing you with a replacement Product of the same description and price or where no stock is available for the same, a refund of the amount paid by you for the purchase of that particular Product.
Any queries or complaints arising from or related to the Merchant's Products shall be directed to epayAsia and myGiftShop at its customer service e-mail at customerservice@epayasia.com.my . epayAsia and myGiftShop shall on the Merchant's behalf and with the Merchant's cooperation handle and resolve all such queries or complaints.
Notwithstanding the same you acknowledge and agree not to involve either myGiftShop or epayAsia in any claims, actions or proceedings, whether formally instituted or otherwise which do not directly arise from myGiftShop's operations of myGiftShop and its system as well as from epayAsia's provision of the online payment service but which arises purely in relation to the Merchant's Products and the display, delivery and purchase thereof.
Notwithstanding anything herein to the contrary, the display and/or advertisement of Products, promotions, offers or deals made by the Merchant on myGiftShop and/or in any other pages of myGiftShop website, is at all times intended merely as an invitation to treat and shall not under any circumstances be considered or construed as an offer to sell such Products.
You acknowledge and agree that the access, viewing and/or submission of an order and/or the subsequent purchase of the Merchant's Products is at your own risk and that the information, materials and Products is provided on an 'as is' basis and 'as available' basis.
Other than warranties specifically imposed under law without qualifications or exclusion, no other warranties of any kind, either express or implied, or any warranties arising from course of dealings or usage of trade are made by the Merchant herein.
No advice or information given by the Merchant herein shall create a warranty.
Neither the Merchant and/or its employees and agents, shall in any circumstance be liable for any indirect, incidental, special, punitive or consequential damages that result in any way from your access, view, order and/or purchase of the Merchants Products or your reliance on or use of information or Products provided on or through myGiftShop.
In any event, the Merchant's entire liability howsoever arising whether in contract, tort and/or indemnity shall be limited in damages of an amount equal to the Product(s) in dispute.
This exclusion clause shall take effect to the fullest extent permitted by law.
These terms and conditions are governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of Malaysia.
The failure of the Merchant to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.
Any rights not expressly granted herein are reserved.