TERMS OF PURCHASE

INTRODUCTION
  • These Terms of Purchase govern the supply by Huawei Technology (Malaysia) Sdn. Bhd. (“Huawei”) trading as www.vmall.my, of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms of Purchase.
  • In these Terms of Purchase:
    • "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
    • "Acknowledgement" means our acknowledgement of your Order by email;
    • "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
    • "Contract" means your Order of a Product or Products in accordance with these Terms of Purchase which we accept in accordance with clause 4.9 below;
    • "Customer" means individual who places an Order on the Site;
    • "Order" means the order submitted by you to the Site to purchase a Product from us;
    • "you" means the Customer who places an Order;
    • headings are for ease of reference only and shall not affect the interpretation or construction of the Terms of Purchase;
    • words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
    • references to "includes" or "including" or like words or expressions shall mean without limitation.
EFFECT
  • You have to be 18 years of age and above and possess a valid credit or debit card issued by a bank acceptable to us to place an Order.
  • These Terms of Purchase shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms of Purchase.
  • These Terms of Purchase shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
  • No other terms or changes to the Terms of Purchase shall be binding unless agreed in writing signed by us.
HOW A CONTRACT IS FORMED
  • When making an Order, you must register for an Account on the Site and you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.
  • Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown on the Site the charges you must pay including taxes, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the Site, all charges are in the currency then in force in Malaysia. Subject to clause 3.9 below, this is the total that you will pay for receipt of the ordered Product. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or alternatively, (wherever possible) through cash/cheque payment, online banking or telegraphic transfer, which we require in order to process your Order but in any event, we shall not be bound to supply before we have received cleared funds in full.
  • You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
  • When you submit an Order to the Site, you agree that you do so subject to these Terms of Purchase current at the date you submit your Order. You are responsible for reviewing the latest Terms of Purchase each time you submit your Order.
  • Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
  • We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first).
  • A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
  • If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact [enter customer service email] immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
  • We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
  • A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
  • You must only submit to us or our agent or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
DELIVERY
  • We aim to deliver the Product to you at the place of delivery requested by you in your Order.
  • We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order. We always aim to deliver within the stipulated time frame of any Order, which we accept but we cannot guarantee any firm delivery dates.
  • We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  • On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
  • Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
  • All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
  • All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
  • If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 4.7(a) above).
CANCELLATION
  • We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
  • We will usually refund any money received from you using the same method originally used by you to pay for the Product.
CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)

If you wish to cancel your Order please contact our Customer Service Team via email. However, please note that no refund of payment made by you shall be allowed.

PRODUCT
  • The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself.
  • Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
  • We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
  • In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including: a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and, b) you providing us with the delivery note number and such other information as we reasonably require.
  • If you would like us to repair, replace or provide a refund for the Product but we find that the Product has: a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or c) been dealt with or used contrary to our or the manufacturer's instructions for the Product; or d) deteriorated through normal wear and tear, after delivery by us, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
REPLACEMENT

Subject to Clause 8, Huawei offers 7 days replacement guarantee for all Products sold on http://e.vmall.my/, provided the Product is in a reasonably sealed condition. In case the Product is found defective upon opening, guidelines specified by the brand (handset manufacturer) will apply. Should you come across any issue with such Products, you are advised to contact Customer Service Team within 48 hours, failing which we may decide not take a request for replacement. Huawei will try to replace the specific product ordered. However, the company reserves the right to offer an alternative product in case the product is no longer in stock or out of production.

RETURNS

We will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that we are informed about such discrepancies from the date of receipt of the product and provided that the products are returned in their original condition. In case of physical damage of a product we would require a photo to be emailed to myemall@huawei.com in mentioning your order number.

LIMITATION OF LIABILITY

Huawei shall not be liable to you for any loss of profit or revenues, loss of opportunity cost, loss of goodwill or reputation, loss of data or information, loss of interest, downtime loss, cost of interrupted operation of the network, anticipated saving, special damages be it foreseeable or otherwise, and/or any indirect or consequential losses whatsoever. Our total liability against you, whether in contract, tort (including but not limited to negligence), product liability or otherwise, arising in connection with the purchase of the Product through this Site, shall not exceed ten percent (10%) of the purchase price of Orders received by Huawei.

INTELLECTUAL PROPERTY

You acknowledge and agree that the proprietary rights and intellectual property rights in the Product (including all background and foreground source codes, copyrights, patents, trademarks) shall remain with Huawei. You also acknowledge that the validity and ownership in Huawei’s intellectual property rights in the Product, documentation and materials shall remain the property of Huawei. You undertake not to procure, cause the registration or attempt to register Huawei’s intellectual property rights in its own name and also not to claim any rights or interests whatsoever under Huawei’s intellectual property rights within or outside the Malaysia.

FORCE MAJEURE

Huawei shall not be liable for any delay or failure to perform any of its obligations pursuant to these Terms of Purchase or any Contract, wholly or partially, directly or indirectly, if such delay or failure is due to Force Majeure. For the purpose of this Terms of Purchase, Force Majeure refers to an impediment beyond the Huawei's control and the Huawei could not be expected to have taken the impediment and its effects upon its ability to perform into account at the time of the conclusion of any Contract pursuant to these Terms of Purchase, and Huawei could not have reasonably avoided or overcome it or at least its effects. Force Majeure however shall not include Huawei’s lack of authorization, license or approval necessary for the performance of this Contract.

GENERAL

No failure or delay by us or you in exercising any right under these Terms of Purchase or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms of Purchase or a Contract. 13.2 If any clause in these Terms of Purchase or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Purchase or a Contract shall be capable of continuing in effect without the unenforceable term. 13.3 No person who is not a party to these Terms of Purchase or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Purchase or that Contract its assent to any such term. 13.4 These Terms of Purchase and a Contract shall be governed and construed in accordance with the Malaysian Law. Any claims or dispute arising herein from this Terms of Purchase shall be submitted and determined by the Malaysian Courts.

AMENDMENT

You acknowledge and agree that the proprietary rights and intellectual property rights in the Product (including all background and foreground source codes, copyrights, patents, trademarks) shall remain with Huawei. You also acknowledge that the validity and ownership in Huawei’s intellectual property rights in the Product, documentation and materials shall remain the property of Huawei. You undertake not to procure, cause the registration or attempt to register Huawei’s intellectual property rights in its own name and also not to claim any rights or interests whatsoever under Huawei’s intellectual property rights within or outside the Malaysia.

Sale and Supply to End User Only

This Site sells and supplies Product to end user Customer only.