TERMS & CONDITIONS

Welcome to www.eweinecom.com (the “Site”). These terms and conditions apply to the Site. Ewein Ecommerce Sdn. Bhd. is a 89% owned subsidiary company of Ewein Berhad and it is a company incorporated in Malaysia under registration number 1232780-U.

By assessing the Site, you confirm your understanding of the Terms and Conditions. You must exit this Site immediately if you do not agree to the Terms and Conditions.
The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

USE OF THE SITE
Content provided and photo shown on this site is solely for information and illustration purpose. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. Certain services and related features that may be made available on the Site 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 Site 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. The Site 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.

 

USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false email 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.

 

ORDERS ACCEPTANCE & PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mis-priced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.

 

TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, test, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

 

APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party herby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.

 

ARBITRATION
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysian in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your right granted under the Terms and Conditions. Upon any termination of this agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective right and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, your sole and exclusive remedy is to discontinue using the Site.

 

TERMS OF USE

  1. Interpretation
    1. In these Conditions:
      “Buyer” means the person who accepts a quotation of Ewein Ecommerce for the supply of goods or who otherwise enters into a contract for the supply of goods with Ewein Ecommerce;
      “Conditions” means the general terms and conditions set out in this document and (unless the context otherwise requires) any special terms and conditions agreed in writing between the Buyer and Ewein Ecommerce.
      “Contract” means the contract for the purchase and sale of goods, howsoever formed or concluded;
      “Goods” means the goods (including any instalment of the goods or any parts for them) which Ewein Ecommerce is to supply in accordance with a contract;
      “Writing” includes electronic mail facsimile transmission and any comparable means of communication.
      “Ewein Ecommerce” means Ewein Ecommerce Sdn. Bhd., a company registered in Malaysia under registration number 1232780-U and having its registered address at Suite 1-01-02, Menara IJM Land,1, Lebuh Tunku Kudin 3, 11700 Gelugor, Pulau Pinang, Malaysia.
    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.
    3. The headings in the Conditions are for convenience only and shall not affect the interpretation of any parties.
  2. Basic of the Contract
    1. The supply of Goods by Ewein Ecommerce to the buyer under any contract shall be subjected to these conditions which shall govern the contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
    2. data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purpose 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 not so confirmed.
    3. No variation to the conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and Ewein Ecommerce.
    4. Any typographical clerical or other error omission in any quotation, invoice or other document or information issued by Ewein Ecommerce in its website shall be subjected to correction without any liability on the part of Ewein Ecommerce.
    5. Ewein Ecommerce may provide buyer with electronic documents such as tax invoice, receipt, credit note, debit note or any other documents.
  3. Orders and Specifications
    1. We recommend buyer carefully preview and proceeding with your order before checkout. Once an order has been delivered by Ewein Ecommerce, no changes and cancellation of that order is valid unless you receive our written communication permitting the changed or cancelled order.
    2. Order acceptance and completion of the contract between the buyer and Ewein Ecommerce will only be completed upon Ewein Ecommerce issuing a confirmation despatch of the Goods to the buyer.
    3. No concluded contract may be modified or cancelled by the buyer except with agreement in writing of Ewein Ecommerce and on terms that the buyer shall indemnify Ewein Ecommerce in full against all loss (including loss of profit) costs (including the cost of all labour and materials used) damaged charges and expenses incurred by Ewein Ecommerce as a result of the modification or cancellation, as the case may be.
  4. Prices
    The prices of the Goods and/or Services are shown in Ringgit Malaysia. Prices may not include delivery charges which the Buyer shall be liable to pay to Ewein Ecommerce in addition to the price. Prices are valid until amended or removed from the website and are subject to change at any time.
  5. Terms of Payment
    Cash on Delivery (Pay cash upon delivery) only available within the region of Penang island. Ewein Ecommerce reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.
  6. Delivery
    1. Delivery of the Goods shall be made to the address specified by the buyer in its order and we do not accept any changes made once your order has been successfully submitted, therefore we strongly urge you to please ensure that all the details of your recipient’s address are correct and accurate before checkout.
    2. Ewein Ecommerce 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.
    3. On acceptance of your order by Ewein Ecommerce, your order will be despatched to your specified delivery address generally within 1-2 working days.
    4. We will contact you to ensure the time is aligned with you before delivery. If not, you will receive either a notice slip indicating that you can call or email for re-delivery arrangements.
    5. We recommend buyer to check and confirm your parcel and items condition thoroughly before received. If your parcel clearly shows signs of damage or leakage at the time of delivery, it should not be accepted and return to our delivery man.
  7. Risk and property of the Goods
    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 Ewein Ecommerce has tendered delivery of the goods.
    2. The buyer agrees with Ewein Ecommerce that the buyer shall immediately notify Ewein Ecommerce of any matter from time to time affecting Ewein Ecommerce’s title to the Goods and the buyer shall provide Ewein Ecommerce with any information relating to the Goods as Ewein Ecommerce may require from time to time.
    3. 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) Ewein Ecommerce shall be entitled at any time to demand the buyer to deliver up the Goods to Ewein Ecommerce and in the event of non-compliance Ewein Ecommerce reserves it’s right to take legal action against the buyer for the delivery up 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. Force Majeure
    1. Ewein Ecommerce shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Ewein Ecommerce’s obligations if the delay or failure was due to any cause beyond Ewein Ecommerce’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond Ewein Ecommerce’s reasonable control:
      1. Act of God, explosion, flood, tempest, fire or accident;
      2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
      3. Interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of Ewein Ecommerce or of a third party);
      4. Interruption of operation such as electricity supply, bank payment systems or postal deliveries.
    2. Upon the happening of any one of the events set out as above, Ewein Ecommerce may at its option:
      1. Fully or partially suspend delivery/performance while such event or circumstances continues;
      2. Terminate any Contract so affected with immediate effect by written notice to the buyer and Ewein Ecommerce shall not be liable for any loss or damage suffered by the buyer as a result thereof.
  9. Notices
    Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed if to Ewein Ecommerce, to its registered office or principal place of business and if to the buyer, to the address stipulated in the relevant offer to purchase.
  10. Termination
    1. On or at any time after the occurrence of any of the events in condition (11.2) Ewein Ecommerce may stop any Goods in transit, suspend further deliveries to the buyer and exercise its right terminate the contract with the buyer with immediate effect by written notice to the buyer.
    2. The events are:
      1. The buyer being in breach of an obligation under the contract;
      2. The buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the buyer’s winding up or dissolution;
      3. The making of an administration order in relation to the buyer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the buyer’s assets;
      4. The buyer making an arrangement or composition with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors.
  11. General
    1. Unless the context otherwise required, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms 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.
    2. No waiver by Ewein Ecommerce of any breach of the Contract by the buyer shall be considered as a waiver of any subsequent breach of the same of any other provision.
    3. If any provision of these Conditions is held by any competent authority to be 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.
    4. No person who is not party of this contract (including any employee officer agent representative or sub-contractor of either party) shall have any right under the contracts (Right of Third Parties) Act to enforce any terms of this contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
    5. 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 11.7.
    6. Except as provided for in Clause 11.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (KLR-CA). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.
    7. Notwithstanding Clause 11.6, Ewein Ecommerce shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
      The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any Contract for the sale of Goods.
      Ewein Ecommerce reserved their right to these terms and conditions of sale at any time.