2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform 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 Platform 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. TopzMall 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.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.6 By using this Yippi ESHop, Buyer and Seller agree that:-
(a) You are legally entitled to accept and agree to the Terms and that you are at least 18 years old. Without limiting the generality of the foregoing, the Website is not available to persons under the age of 18 years old or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship;
(b) You have the right, authority and capacity to use the Website and to abide by the Terms;
(c) You will only access the Website using authorized means and use the Website for lawful purposes;
(d) You agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Website;
(e) You will only use the Website for the purpose for which it is intended to be used;
(f) You will not use the Website for sending or storing any unlawful material or for fraudulent purposes;
(g) You will not use the Website to cause nuisance, annoyance or inconvenience;
(h) You will not impair the proper operation of the network;
(i) You will not try to harm the Website in any way whatsoever; and
(j) You will not copy, or distribute the Website without our express written permission.
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, 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
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform 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 (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.1 TopzMall may block, suspend, close or cancel any sale or promotion if the TopzMall’s system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the sale or promotion, where a sale or promotion cannot be restored.
5.2 TopzMall shall not be liable or responsible for any loss, damage (whether special or consequential), embarrassment, goodwill expenses incurred or suffered by you by reason of or in connection with the following:-
(a) any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system, server software or terminal of the TopzMall;
(b) interference by computer virus, corrupted data, malfunctions;
(c) failure or delay due to causes beyond the control of TopzMall including but not limited to causes like strikes, industrial action, civil disturbances, flood, earthquake, landslides or acts of God or computer, electronic, communications or electrical systems failures of any nature whatsoever, breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time;
(d) any operation malfunctions or defects of your computer terminal, systems or software used in accessing TopzMall; or
(e) any access, use or inability to access or use of the website, service and/or software and/or if any other linked to TopzMall.
5.3 TopzMall reserves the right to investigate and take legal action against you if you are suspected to have caused the service breakdown while using TopzMall.
6.1 The information provided on TopzMall is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to laws or regulations or which would subject TopzMall to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in TopzMall constitutes a solicitation or offer by TopzMall to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service whatsoever and TopzMall cannot under any circumstances be relied upon for investment dealings of whatever nature. You are advised to obtain separate independent professional advice before making any decision to trade/invest in securities or invest in any financial instruments.
6.2 TopzMall will not be held responsible for any loss or damage that could result from interception by any third parties of any information made available to you via TopzMall. Although the information provided to you on the TopzMall is obtained or compiled from sources, we believe to be reliable, TopzMall cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.
6.3 In no event will TopzMall be liable to you for any other damages of any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if TopzMall have been advised of the possibility thereof.
6.4 Nothing in our TopzMall constitutes an offer to sell any securities and other goods or services of whatever nature and cannot under any circumstances be relied upon for investment dealings of whatever nature
6.5 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of TopzMall are entirely at your own risk and we shall not be liable therefore.
6.6 If any provision of these disclaimers and exclusions shall be unlawful, void or any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
7.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by TopzMall of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
7.2 Without limiting the foregoing, TopzMall does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
7.3 TopzMall and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
7.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
7.5 TopzMall takes no responsibility or liability and provides no assurance that all our merchants possesses the requisite and necessary licences, permits, approvals, concessions or consents in providing their goods or services to you or the same is free from any encumbrances or third party claims via our platform.
8.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk
10.2 Notwithstanding the foregoing, TopzMall reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
1.1 In these Conditions:
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Any references to “TopzMall” in these Conditions refer to both TopzMall’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it TopzMall or a Third Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by TopzMall and TopzMall has accepted the same, this shall constitute a Contract entered into directly between the Buyer and TopzMall. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, TopzMall is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 Any information made available on the Platform in 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 or any information disclosed by Third Party Vendors through the chat system 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 so provided.
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither TopzMall nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by TopzMall in its website shall be subject to correction without any liability on the part of TopzMall.
3.1 All features, content, specifications, products and prices of products and services described on this website are subject to change at any time without notice by Seller. Certain weights, measurements, and similar descriptions are approximate and are provided for convenience purpose only. Seller are obliged to do their best in providing the accurate information about the products including the applicable colours. The inclusion of any products or services in TopzMall at a particular time does not imply or warrant that these products or services will be available at any time. By placing an order, Buyer represent that the products ordered will be used only in a lawful manner.
3.2 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon TopzMall issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, TopzMall 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. TopzMall shall furthermore be entitled to require the Buyer to furnish TopzMall with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.3 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. TopzMall shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which TopzMall shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
3.4 Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon TopzMall issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, TopzMall 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. TopzMall shall furthermore be entitled to require the Buyer to furnish TopzMall with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.5 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from TopzMall and on terms that the Buyer shall indemnify TopzMall 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 TopzMall as a result of the modification or cancellation, as the case may be.
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to TopzMall in addition to the price, but it excludes the delivery charges.
4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which TopzMall shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to TopzMall, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that TopzMall is entitled to collect payments from Buyer on behalf of Third Party Vendors.
5.2 The terms and conditions applicable to each type of payment, as prescribed by TopzMall on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.2.1 Credit Card
Credit card payment option is available for all Buyers. TopzMall accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
5.2.2 Debit Cards
TopzMall accepts all Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.2.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a TopzMall account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. TopzMall, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a TopzMall account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Chinese Yuen. TopzMall, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.2.5 Electronic Wallet
TopzMall may provide some e-Wallet payment methods, such as Touch & Go eWallet, Boost Pay, Grab Pay & etc. The accept transaction must be payable in Ringgit Malaysia
5.2.6 Yippi Yipps
Yippi Yipps is Yippi App’s virtual currency that provided by Yippi. You can use this Yipps to entitle certain discount base on available Yipps that you have in your Yippi Account. Only Yippi Account with KYC verified user allowed to use this option.
5.3 Buyer may not claim against Seller or any of its agents (which may include TopzMall), for any failure, disruption or error in connection with the Buyer’s chosen payment method. TopzMall reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.
5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Contract or suspend deliveries of the Goods until payment is made in full.
5.5 TopzMall reserved the right for the refund approval. All refunds may returned to payment methods that used by Buyer or other method decided by TopzMall. TopzMall offers no guarantee of any nature for the timeliness of the refunds reaching the Buyer payment method account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by TopzMall. All refunds are conditional upon TopzMall’s acceptance of a valid return of the Goods. TopzMall reserve the right to modify the mechanism of processing refunds at any time without notice.
5.6 All payments for the purchased Goods must be made to TopzMall using the payment methods made available on the Platform only. TopzMall shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.
5.7 TopzMall do not provide any receipt, tax invoice or credit card slip to Buyer, if required, kindly contact merchant for the relevant supporting documents.
5.8 Buyer acknowledge that the payment may link to another mobile applications or sites in order to proceed the transaction. Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. TopzMall is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions send.
5.9 Buyer also acknowledge that additional charges may be incurred if Buyer are using a non-Malaysian issued card due to foreign exchange rates. It is possible that bank or any relevant financial party, if any, may charge Buyer an online handling fee or processing fee. TopzMall shall not responsible for this.
5.10 Buyer also aware that online payment transactions are subject to the validation checks by bank or any relevant financial party, if any, and TopzMall are not responsible if any declination to authorise payment for any reason. TopzMall may carry out pre-authorisation check on Buyer identity. Please take note, it is possible that bank or any relevant financial party, if any, may charge you an online handling fee or processing fee. TopzMall shall not responsible for this.
5.11 In the event Buyer pay via Credit Card issued by any bank or financial party,Buyer may entitle to participate on instalment payment plan by your bank or financial party. TopzMall shall not liable to any charges, loss and/or damages between Buyer and the financial party. Buyer shall only entitled to purchase Product upon verification and approval by DCR.
6.1 Delivery of the Goods shall be made to the shipping address specified by the Buyer in its order. The shipping fee may apply and calculated in accordance to the size, weight and location to be delivered.
6.2 TopzMall 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.
6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and TopzMall shall not be liable for any delay in delivery or performance howsoever caused. The risk for the Goods shall pass to the Buyer at the time of delivery.
6.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to TopzMall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 7 days. If TopzMall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
6.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, Buyer shall immediately notify TopzMall of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as TopzMall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. TopzMall shall be entitled at any time to demand the Buyer to deliver back the Goods to TopzMall or seller and in the event of non-compliance TopzMall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
6.6 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to TopzMall, TopzMall may:
6.6.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.6.2 terminate the Contract and claim damages.
6.7 If Buyer need parcel tracking number, please contact merchant for the relevant information.
7.1 Buyer may initiate the returns process by communicating with TopzMall or Seller through the Platform.
7.2 Buyer may, contact Seller in exchange for a replacement or a refund within 5 calendar days. Buyer shall ensure that the purchased Goods is returned to Seller within 5 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Seller within 48 hours of receiving the delivery to expedite the claim process.
7.3 Buyer may only apply for return of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
7.3.2 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
7.3.3 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
7.3.4 such other circumstances which may be prescribed by TopzMall on the Platform.
7.4 Notwithstanding Clause 7.3 above, milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.
7.5 Notwithstanding Clause 7.3 above, return or cancellations of any perishable goods are not allowed. To ensure that Buyer is satisfied with the product Buyer received, Buyer should inspect the contents as soon as the order arrives.
7.6 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by TopzMall on the Platform.
7.7 Questions and complaints with regards to returns
7.7.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform, (ii) contact TopzMall using the “Contact Us” page on the Platform, (iii) contact Yippi Customer Support via Yippi App, as applicable.
7.7.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, TopzMall reserves the right to suggest and implement an appropriate resolution at its sole discretion.
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when TopzMall has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until TopzMall has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.
8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as TopzMall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
8.4 The Buyer agrees with TopzMall that the Buyer shall immediately notify TopzMall of any matter from time to time affecting TopzMall’s title to the Goods and the Buyer shall provide TopzMall with any information relating to the Goods as TopzMall may require from time to time.
8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), TopzMall shall be entitled at any time to demand the Buyer to deliver up the Goods to TopzMall and in the event of non-compliance TopzMall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of TopzMall but if the Buyer does so all moneys owing by the Buyer to TopzMall shall (without prejudice to any other right or remedy of TopzMall) forthwith become due and payable.
8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
8.8 The Buyer shall indemnify TopzMall against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of TopzMall's rights under this condition.
9.1 Buyer may terminate the Contract before Seller dispatches the Goods, by contacting seller directly or written notice to TopzMall through our Contact Us page. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.
9.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or TopzMall acting on Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
9.2.1 the Goods under the Contract being unavailable for any reason; and/or
9.2.2 the Goods under the Contract has been mispriced on the Platform.
10.1 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.
10.2 Subject to this Clause 10 of these Conditions, TopzMall 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), TopzMall further gives to the Buyer such implied warranties as cannot be excluded by law.
10.3 TopzMall’s above warranty concerning the Goods is given subject to the following conditions:
10.3.1 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 TopzMall.
10.3.2 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.
10.3.3 TopzMall 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 TopzMall's opinion in that behalf. TopzMall is not liable for any such special or particular description which may have been provided by Third Party Vendors through the chat system. TopzMall does not give any warranty as to the quality state condition or fitness of the Goods.
10.3.4 TopzMall 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 defects, alteration of the Goods without the prior agreement of TopzMall, addition and insertion of parts, in particular of spare parts which do not come from TopzMall.
10.3.5 TopzMall 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 TopzMall's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without TopzMall's approval.
10.3.6 TopzMall 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 TopzMall’s prior written approval and the Buyer shall indemnify TopzMall against each loss liability and cost arising out of such claims.
10.3.7 TopzMall 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.
10.3.8 TopzMall shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
10.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to TopzMall or Seller in exchange for a replacement or a refund in accordance with TopzMall’s Return Policy and Clause 7 of these Conditions above.
10.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. TopzMall and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon TopzMall’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once TopzMall or Seller has accepted such request.
10.6 When TopzMall or Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become property of TopzMall or Seller.
11.1 In no event shall TopzMall be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if TopzMall had been advised by the Buyer of the possibility of incurring the same.
11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and TopzMall’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.
11.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.
11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.
11.5 No action shall be brought against TopzMall later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.
12.1 Neither TopzMall nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond TopzMall's or Seller’s reasonable control.
12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to TopzMall, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order.
12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.
12.4 No waiver by TopzMall of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, TopzMall’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
12.6 No person who is not a party to the Contract (including any employee officer agent representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.
12.7 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia, as provided for in Clause 12.8 below.
12.8 Buyer must exhaust all legal avenues against Third Party Vendors should any dispute, controversy or claim arises out of or relates to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against TopzMall. Any such actions brought against TopzMall for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
12.9 Notwithstanding Clause 12.2 above, TopzMall shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
12.10 TopzMall may, through the Platform or by such other method of notification as TopzMall may designate, vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date TopzMall specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If Buyer do not accept the variation, Buyer must stop access or using the Platform and terminate these Terms & Conditions of Sale.
12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.
12.13 These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.14 TopzMall reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as TopzMall deems appropriate.