Terms & Conditions

 

Welcome to PakUde.com (the "Online Store"). This Online Store is made available to you subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Online Store or ordering any products ("Products") from our Online Store.

 

You should understand that by using the Online Store or ordering any of our Products listed on our Online Store, you agree to be bound by these Terms and Conditions.

 

Please note that there are additional policies that apply to your use of this Online Store and our trading relationship with you:

 

§  Privacy Notice – Our security and privacy practices that aim to protect you and your personal information; and

§  Returns and Refund policy – Details of conditions governing the return and/or exchange of products purchased from PakUde.com

 

Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use or order any Products from our Online Store.

 

 

INFORMATION ABOUT US

 

This Online Store is operated by Solusi Ciptaan Sdn Bhd ("we/us/our/Company"), a company incorporated under the Companies Act, 2016 having its registered office 5-4-2, Jalan 2/50 Diamond Square Off Jalan Gombak, 53000 Kuala Lumpur

 

Our Company number is 202001015945 (1372265-D)

 

 

TERMS AND CONDITIONS

 

We reserve the right to change these Terms and Conditions from time to time at our sole discretion, and your rights under these Terms and Conditions will be subject to the most current version of these Terms and Conditions posted on this page at the time of your use or purchase, unless any change to these Terms and Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). Any changes to the Terms will be posted on the Online Store and the date at the bottom of these Terms will be amended to reflect when these Terms were last revised.

 

We recommend that you revisit these Terms regularly to keep informed of the current Terms and Conditions that apply to your use of the Online Store and the sale, delivery and use of our Products.

 

Your continued access and use of the Online Store after any changes or updates constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check the Online Store and determine if there have been any changes to these Terms and Conditions.

 

These Terms and Conditions are in addition to your obligations and rights under our Privacy Notice and Returns and Refund policy. For the avoidance of doubt, in the event of a conflict arises between these Terms and Conditions and our Privacy Notice and / or Returns and Refund policy these Terms and Conditions will take precedence.

 

If you do not agree to these terms in their entirety, you must not use this Online Store.

 

Please note that these Terms do not affect your statutory rights as a consumer. We are under a legal duty to supply Products that are in conformity with the contract.

 

 

USE OF ONLINE STORE

 

We grant you access and make personal use of the Online Store and not to download or modify it, or any portion of it, except with our express written consent. This access does not include any resale or commercial use of the website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of PakUde.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Store or any portion of the Online Store may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without our express written consent.

 

We may terminate your access to use the Online Store with immediate effect if you breach any of these Terms and Conditions.

 

You must choose a username and password on completion of registration and prior to any purchase. You are responsible for all actions taken under that username and password and shall only use the Online Store under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

 

We are not responsible on the accuracy of personal data entered by you for the purpose of purchasing our product(s) or during loan application. You are responsible to ensure all personal data entered are correct, accurate and updated.

 

Access to the Online Store is permitted on a temporary basis, and we reserve the right to suspend, or withdraw, or amend the service we provide on our Online Store without notice at any time for operational, regulatory, legal or other reasons.

 

From time to time, we may restrict access to some parts of the Online Store, or our entire website, to users who have registered with us.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

 

You are responsible for making all arrangements necessary for you to have access to the Online Store. You are also responsible for ensuring that all persons who access the Online Store through your internet connection are aware of these Terms and Conditions, and that they comply with them.

 

This Online Store may provide, or third parties may provide, links to other sites or resources. As we have no control over such Sites and resources, we are not responsible for the availability of such external Sites or resources, do not endorse and are not liable for any content, advertising, Products, or other materials on or available from such Sites or resources.

 

 

TERMS OF USE FOR DOWNLOADS

 

Downloaded material is provided "as is" and your use of the downloaded content is at your own risk. Downloads may contain significant or insignificant program errors, bugs, and viruses, which may cause an operational interruption to your computer system. You must screen the download for viruses before access. Except to the extent that such terms cannot be limited or excluded by law, no conditions, warranties, representations or other terms, whether express or implied shall apply with respect to any download.

 

Please note that we are under no obligation to answer questions about the use of downloaded content.

 

 

INTELLECTUAL PROPERTY

 

The Online Store and its content are protected by Intellectual Property Rights, including but not limited to copyright and trademarks. In these Terms and Conditions, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights.

 

As between us, all Intellectual Property Rights in the Online Store and these Terms and Conditions are and will be owned by us absolutely and you are not allowed to use any such Intellectual Property Rights without our express agreement.

 

Any goodwill accruing from use of this website and our or our affiliates' trademarks, trade and business names and service marks under these Terms and Conditions will vest in us and our affiliates, as appropriate.

 

 

CONTRACT CREATION AND ELECTRONIC CONTRACTING

 

To place an order on the Online Store, you must be at least 18 years old and a consumer (not a reseller).

 

The technical steps required to create the contract between you and us for the sale of any Products are as follows:

 

You place the order for your Products on the Online Store by pressing the “Buy Now” and pay with this payment button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Site.

 

An order can be paid for by debit or credit card. (MasterCard®, and Visa, as well as Kiplepay). We do not accept cash or cheques for online purchases except payment received from your loan provider(if any). Purchase can be done by applying loan to your respective membership with Cooperatives or Bike Dealers or any of authorized financier provider by this Online Store.

 

We will send to you an order acknowledgement e-mail/message once your order has been placed. This is not an order confirmation or order acceptance from us. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.

 

Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order, or that it has been cancelled. The contract will relate only to those Products whose dispatch we have confirmed in the delivery confirmation e-mail/message. We will not be obliged to supply

any other Products which may have been part of your order until the delivery of such Products has been confirmed in a separate delivery confirmation email/message.

 

We will process your payment or loan application at the time of preparing your Products for delivery. For purchase of motorcycle, cancellation is not allowed once your loan application has

been approved and/or payment of your loan has been disbursed to us and/or your motorcycle has been registered with Jabatan Pengangkutan Jalan (JPJ) of Malaysia. 

 

You are encouraged to retain your invoice for your records and as a reference to our contract.

 

 

INVOICING

 

Where the Company elects, or is required by applicable law to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. We will send you an invoice only by post upon request.

 

 

PRICING

 

The Company uses all reasonable efforts to ensure that all pricing information on the Online Store is correct and up-to-date, but errors do sometimes occur. If an error occurs and a product is

mispriced, the Company is entitled to not accept your order and/or to not confirm that the contract between you and the Company is complete, as set out herein. The Company is not obliged to supply or deliver any products which are incorrectly priced, as long as payment has not been received from you and has not been processed.

 

All prices and charges on the Online Store are in Ringgit Malaysia. Delivery and processing charges may apply and these will be clearly displayed during the order process.

 

The total cost for delivery will be itemized and identified on the payment screen and in your invoice.

 

 

Non acceptance of an order may be a result of one of the following:

 

i.                     The Product you ordered being unavailable from stock;

ii.                   Unable to obtain authorisation for your payment;

iii.                 Any risk assessment, Company may have with regards to the transaction;

iv.                 The identification of a pricing or Product description error;

v.                   You are not meeting the eligibility to order as criteria set out in these Terms and Conditions e.g. You are under 18; We have a suspicion that you may be a reseller; and

vi.                 The identification, by us, of an error within the Product information, including, but not limited to, price or in relation to a promotion.

 

If there are any problems with your order, we shall contact you as soon as possible. We reserve the right to reject any offer to purchase a Product by you at any time.

 

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery, processing and other related charges.

 

 

PRODUCT DELIVERY

 

PakUde.com delivery option covers the following areas: Semenanjung Malaysia only. No delivery to East Malaysia (Sabah and Sarawak) is available until further notice.

 

We endeavour to deliver your Products within the reasonable timescales - unfortunately; we are unable to guarantee that they will not be affected by unforeseen issues affecting our carrier. Under these circumstances, we do not issue any form of compensation.

 

Your order will be fulfilled by the delivery date set out in the delivery confirmation email or, if no delivery date is specified, then within 7 (seven) days of the date of the delivery confirmation email/message, unless there are exceptional circumstances. The Products will be at your risk from the time of delivery of the Products to you.

 

We reserve the right to define what can and cannot be delivered to which destination.

 

 

OUR PRODUCTS

 

Every effort will be made to ensure that prices shown on this Online Store are accurate at the time you place your order. If an error is found prior to delivery of the Products, we will normally, at our discretion, inform you as soon as possible and offer you the option of reconfirming your order at the correct price, exchange or cancelling your order. Alternatively, at our discretion, we may reject your order and treat it as cancelled. If your order is cancelled, we will refund or re credit you for any sum that has been paid by you. If you purchase product via loan from your respective Cooperative or financier where loan you have applied, once loan is approved and disbursed to us, refund is not allowed as described in our Refund/Return Policy. We are under no obligation to provide a Product to you at an incorrect (lower) price, even after we have sent you a delivery confirmation email/message, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.

 

In the event of any dispute, PakUde.com reserves the sole right to make the final decision.

You should bear in mind that buying motorcycle, accessories and other electronic products over the Internet provides a different shopping experience to buying in store. Be aware that:

 

i.                     The colours which are shown on the Online Store will depend on many factors – including your computer display settings; and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the products on delivery and/or receipt.

ii.                  The product specifications, measurements, sizes dimensions and capacities shown on the Online Store are best estimate basis only Variations in the manufacturing processes, your monitor settings and your computer hardware may affect the designs of the Products i.e. Products delivered may have minor differences in appearance to how they are displayed and described on the Online Store.

 

All Products are subject to availability - we may not be able to supply your order Any delivery estimates given are estimates only.

 

All prices are, unless otherwise stated, inclusive of sales tax at the applicable rate and exclude delivery, processing and other related charges which will be added during checkout before you confirm your order.

 

 

YOUR RIGHT OF TERMINATION

 

You can terminate your contract with us and receive a refund in accordance with the provisions set out in our Returns and Refund Policy. This policy forms part of and is an extension of these Terms and Conditions and should be read and understood before purchasing any Product.

 

 

COMMUNICATIONS

 

You may submit suggestions, ideas, comments, questions, or other information, to us so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address; impersonate any person or entity, or otherwise mistext as to the origin of any content.

 

If you do submit material, and unless you indicate otherwise, you grant us and our affiliates a non-exclusive, royalty free, not necessary limited in time pursuant to local law where applicable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media where we operate. You grant us and our affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from any content you supply. You acknowledge and agree that we have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content shared by you or any third party through the Online Store.

 

 

DISCLAIMERS

 

To the fullest extent permitted by law, the Online Store and all information contained therein is provided by us on an "as is" and "as available" basis and we do not guarantee that the Online Store will be suitable for your purposes and requirements. We use reasonable care in compiling and presenting the content of the Online Store, but we can give no guarantee that the content is complete, accurate or up to date and is subject to change without notice.

 

We makes no representations or warranties of any kind, express or implied, as to the operation and availability of this Online Store or the information, content or materials presented on the Online Store. You expressly agree that your use of this Online Store is at your sole risk.

 

To the extent permitted by law, we hereby expressly exclude all liability (howsoever arising) in connection with any loss, damage and/or expense arising out of or in connection with use of the Online Store. In particular and without limitation to the generality of the above, we shall not be liable for any loss or damage to computer equipment, software or data; any financial loss; indirect, special or consequential loss or damage.

 

 

WARRANTY

 

Notwithstanding anything to the contrary in these Terms and Conditions, all Products supplied by us are warranted to be of satisfactory quality and reasonably fit for purpose free from defects in workmanship or materials for a period as shown on the Online Store. This warranty does not affect your statutory rights as a consumer.

 

This warranty is only valid with proof of purchase from PakUde.com and does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or any third party, use otherwise than in accordance with our instructions, or any alteration or repair carried out without our approval.

 

Legal rights under applicable law governing the sale of consumer goods are not affected by this warranty.

 

 

LIMITATION OF LIABILITY

 

We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.

 

Notwithstanding anything to the contrary in these Terms and Conditions, our liability for losses you suffer arising under or in connection with our breach of these Terms and Conditions (whether in contract, tort or otherwise) is limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

 

We only supply the Products for domestic and private use. You agree not to use Products and the Online Store for any commercial, business or re-sale purposes, and we have no liability to you for any wasted management time or lost profits, business, revenue, goodwill, or anticipated savings, or for any loss of, or damage to, data.

Please note that you have certain rights as a consumer, including legal rights relating to faulty or incorrectly described products. Nothing in these Terms and Conditions will affect these legal rights and, in particular, The Company will perform its obligations under these Terms with reasonable care and skill.

 

 

FORCE MAJEURE

 

We will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment, regulations or governmental policies and shortages of supplies and services (a "Force Majeure Event").

 

Our performance under our contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which the obligations under our contract may be performed despite the Force Majeure Event.

 

 

PRIVACY NOTICE

 

Personal data registered with us and certain other information about you, are subject to our Privacy Notice. For more information, please see our Privacy Notice.

 

 

NOTICES

 

All notices that we need to give to you under these Terms and Conditions will be sent by us to your registered email address. When you visit the Online Store or send emails to us, you are communicating with us electronically. We may communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any legal requirement for such communications. This condition does not affect your statutory rights.

 

All notices given by you to us must be done so by visiting our Contact Us page. Please be aware that all our emails are conducted in English. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our Site, the next working day after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified e-mail address of the addressee.

 

 

 

 

CONSUMER DISPUTE RESOLUTION

 

These Terms and Conditions (together with the Privacy Notice and Returns and Refund Policy) set out the entire agreement between us in respect of use of the Online Store and the sale, purchase, delivery and use of the Products. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms is binding on us unless agreed by us in writing.

 

By accepting of these Terms and Conditions and your continued use of this Online Store, you acknowledge that you have read and understood these Terms and Conditions and you agree to act in accordance with, and be bound by them. These Terms and Conditions shall not be altered or modified in any way without the prior written consent of us. The interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by Malaysian Law, under jurisdiction of Malaysian courts for/in the determination of disputes.

 

If you have a complaint about a product, our website or anything else, please get in touch with our team by visiting our Contact Us page.

 

To the extent to the applicable law, we may not be required and/or willing to participate in an alternative consumer dispute resolution by a consumer arbitration body. We constantly strive to solve potential disputes with our customers on our own.

 

 

CHANGES TO THESE TERMS

 

Solusi Ciptaan Sdn Bhd reserves the right, at its sole discretion, to change, modify, add or delete any part of these Terms at any time without further notice to you. Any changes to the Terms will be posted on PakUde.com website by Solusi Ciptaan Sdn Bhd and the date at the top of these Terms will be amended to show when these Terms were last revised.

 

Solusi Ciptaan Sdn Bhd recommends that you revisit these Terms regularly to keep informed of the current Terms that apply to your use of the Website and the delivery of your products. Your continued access and use of the Website after any changes or updates constitutes your acceptance of the new Terms. It is your responsibility to regularly check the Website and determine if there have been any changes to these Terms.

 

Please note that these Terms do not affect your legal rights as a consumer. For more information on your legal rights, contact the Consumer Complaint Management Centre (CCMC).

 

 

 

 

Version 1: 202012