Conditions of Use
1. Interpretation
1.1 In these Conditions:
"Buyer" means the buyer who are purchases The Goods on the Platform;
"Conditions" mean these Terms and Conditions of Sale;
"Contract" means the contract formed when Seller has accepted the order placed by customer on the Platform for the purchase of Goods sold by Seller;
"Goods" means the items that available in the platform
“Annurshop Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services that provided by Annurshop.
“Platform” means the annurshop’s website
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers.
“Services” means the use of any services, information and functions made available by Annurshop at the Platform;
“"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
2. Basis of the Contract
2.1 The Platform provides an opportunity to sell Goods of the Seller. The identity of the Seller for a particular Goods listed for sale on the Platform, Annurshop will be stated the listing of the Goods in the website.
2.2 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 vendor through the Annurshop 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.
2.3 While the Seller endeavours to provide an accurate description of the Goods, neither Annurshop 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,.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Annurshop in its website shall be subject to correction without any liability on the part of Annurshop
3. Price
3.1 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 Annurshop in addition to the price, but it excludes the delivery charges.
3.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Annurshop 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.
4. Terms of Payment
4.1 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 Annurshop by accepting payment in its own right .Buyer acknowledge that Annurshop is entitled to collect payments from Buyer on behalf of the vendors.
4.2 The terms and conditions applicable to each type of payment, as prescribed by Annurshop on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
4.2.1 Credit Card
Credit card payment option is available for all Buyers. Annurshop 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.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
4.2.2 Debit Cards
Annurshop accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
4.2.3 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 Koperasi Kumpulan Johor Corporation Berhad’s account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Annurshop, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5. Delivery/Performance
5.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order within 7-14 days.
5.2 Annurshop 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.
5.3 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 Annurshop shall not be liable for any delay in delivery or performance howsoever caused.
5.4 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 Annurshop, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Annurshop 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.
5.5 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer ,Buyer shall immediately notify Annurshop of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Annurshop's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Annurshop shall be entitled at any time to demand the Buyer to deliver up the Goods to Annurshop and in the event of non-compliance Annurshop 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.
5.6 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 Annurshop, Annurshop may:
5.6.1 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 terminate the Contract and claim damages.
6. Return and Refund of Goods’s policy
6.1 Application for Returns/Refunds:-
6.1.2 Annurshop Guarantee is a service provided by Annurshop, on User’s request, to assist Users in dealing with certain conflicts which may arise during the course of a transaction. Users may communicate with each other privately to resolve their differences or approach their relevant local authorities to assist them in overcoming any dispute prior, during or after using Annurshop Guarantee.
6.1.3 Action to refund must 3 days after the parcel arrived.
6.2 Application for the Return of an Item and Buyer may only apply for the refund/return of the Item in the following circumstances:
6.2.1 The Item has not been received by Buyer
6.2.2 The Item received is incomplete (missing quantity or accessories)
6.2.3 Seller has delivered an Item that does not match the agreed specification (e.g. wrong size, colour, etc.) to Buyer.
6.2.4 The Item delivered to Buyer is materially different from the description provided by Seller in the listing of the Item
6.2.5 The Item received is a counterfeit item
6.2.6 The Item received has physical damage (e.g. dented, scratched, shattered);
6.2.7 The Item received is faulty (e.g. malfunction, does not work as intended);.
6.3 Rights of Seller as below:,
6.3.1 The seller must communicate with the customer if any refund and return of the Goods happens. The customer must refund directly through the seller that they deal with. 6.4 Condition of Returning Item
6.4.1 Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to Seller in the condition received by Buyer on delivery. We will recommend Buyer to take a photo of the Item upon receipt.
6.5 Liability of Return Shipping Fee:,
6.5.1 In the scenario of an unforeseen error from the seller's end (i.e - damaged, faulty or wrong Item delivered to the buyer), the seller will bear buyer's return shipping fee.
6.5.2 In the scenario where both seller-buyer disputing the party liable for the return shipping fee, Anurshop at its sole discretion will determine the party liable for the return shipping fee.
6.6 . Refunds as below:
6.6.1 Buyer will only be refunded after Annurshop has received the confirmation from Seller that Seller has received the returned Item. In the event where Annurshop does not hear from Seller within a specified time, Annurshop will be at liberty to refund the applicable sum to Buyer without further notice to Seller. The refund will be made to Buyer’s credit/debit card or designated bank account, whichever is applicable.
7. Risk and property of the Goods
7.1 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 Annurshop has tendered delivery of the Goods.
7.2 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 Annurshop 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.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Annurshop's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with Annurshop that the Buyer shall immediately notify Annurshop of any matter from time to time affecting Annurshop’s title to the Goods and the Buyer shall provide Annurshop with any information relating to the Goods as Annurshop may require from time to time.
7.5 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), Annurshop shall be entitled at any time to demand the Buyer to deliver up the Goods to Annurshop and in the event of non-compliance Annurshop 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.
7.6 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 Annurshop but if the Buyer does so all moneys owing by the Buyer to Annurshop shall (without prejudice to any other right or remedy of Annurshop) forthwith become due and payable.
7.7 The Buyer shall indemnify Annurshop against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Annurshop's rights under this condition.
8. Termination
8.1 Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Annurshop through our Contact Us page at http://www.annurshop.com.my/contactus. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with the condition.
8.2 Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or Annurshop 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:
8.2.1 the Goods under the Contract being unavailable for any reason; and/or
8.2.2 the Goods under the Contract has been mispriced on the Platform.
9. Warranties and Remedies
9.1 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.
9.2 Annurshop 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), Annurshop further gives to the Buyer such implied warranties as cannot be excluded by law.
9.3 Annurshop’s above warranty concerning the Goods is given subject to the following conditions:
9.3.1 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 Annurshop.
9.3.2 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.
9.3.3 Annurshop 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 Annurshop's opinion in that behalf. Annurshop is not liable for any such special or particular description which may have been provided by the Vendors. Annurshop does not give any warranty as to the quality state condition or fitness of the Goods.
9.3.4 Annurshop shall be under no liability for the following measures and actions taken by the Buyer and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Annurshop, addition and insertion of parts, in particular of spare parts which do not come from Annurshop.
9.3.5 Annurshop shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer , 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 Annurshop's instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Annurshop's approval.
9.3.6 Annurshop 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 Annurshop’s prior written approval and the Buyer shall indemnify Annurshop against each loss liability and cost arising out of such claims.
9.3.7 Annurshop 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.
9.3.8 Annurshop shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
9.4 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 Seller in exchange for a replacement or a refund in accordance with Annurshop’s Return Policy .
9.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement a Buyer may request for a repair of such Goods. Annurshop and Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Annurshop’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 once Annurshop or Seller has accepted such request.
10. Liability
10.1 In no event shall Annurshop 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 Annurshop had been advised by the Buyer of the possibility of incurring the same.
10.2 The remedies set out are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and’s liability for the same shall be limited in the manner .
10.3 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.
10.4 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.
10.5 No action shall be brought against Annurshop 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.
11. Guarantee
Annurshop Guarantee is a feature whereby Annurshop is holds escrow payment temporarily to ensure the deal is successfully fulfilled before releasing the payment to the seller. Buyer should always check and test the item received by them.
Annurshop Guarantee Buyer's Highlight:
- Safe Payment - All payment made for every order will be held safely by Annurshop and will only be released to seller when order completes.
- Request for Refunds - Should buyer receive dissatisfied item or not receive item, they can request for refund and all payment will be withheld from being released to seller until the case is resolved.