a) Subject to the terms herein, delivery of the Products shall only be available within Malaysia which may be revised from time to time by eCosMart at its discretion.
b) All Products are ship by our appointed Delivery Provider such as PosLaju, Skynet and GDex.
c) In the event a Customer is not present at the address upon delivery then the Customer shall liaise with the Delivery Provider directly to re-schedule next delivery.
d) Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Products at the time when the Delivery Provider has tendered delivery of the Products. To the extent permitted by law, eCosMart shall not be liable to any Customer for any losses, liabilities, costs, damages, charges and/or upon passing of risk to Customer.
PRODUCTS DEscriptION AND AVAILABILITY
a) Customers acknowledge that all images, photographs or videos of the Products presented and made available on the website are for illustrative purposes only. eCosMart will attempt to ensure that all description of the Products shown are as accurate as possible. Although eCosMart has taken reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on the website due to reasons including without limitation any presented quality, packaging, redesign and improvements.
b) The availability of the Products presented on the website depends on availability of stock and eCosMart does not guarantee the availability of the Products. In order to ensure that Products are available to Customers, eCosMart has the right to set maximum limits in advance for the purchase of individual items by a single Customer. If the Products requested by the Customer are unavailable or out of stock, eCosMart shall make every effort to offer a substitute item which is closest in terms of price and type to the originally requested item and in this connection, eCosMart shall not be held liable in any manner whatsoever to the Customer. eCosMart shall also be entitled to carry out special promotions which offer free gifts or promotional items at its sole discretion from time to time subject to such terms as may be decided by eCosMart.
1. RETURN AND EXCHANGE POLICY
a) All Product exchanges and/or returns (including any repairs, damage, wrong delivered items), are subject to the following:
i) Subject to Section 1(a)(iii), Customers can request for exchange or return of a Product within SEVEN (7) calendar days from the date of the Customer’s receipt of the delivered Product. Customers are advised to perform checks on the spot upon receipt of a Product to ensure it is not damaged or defective. Requests for any returns and/or exchange during the Returns Period may be performed by calling in to eCosMart phone number at 6014-3825189.
ii) No exchanges and/or returns are allowed after the Returns Period save and except for defective Products including repairs subject to the Product warranty conditions and applicable laws. For avoidance of doubt, a Customer is not entitled to any exchange or returns after the expiry of the warranty period of the Product subject to Section 1(a)(iii) below.
iii) Notwithstanding anything to the contrary and unless decided otherwise by eCosMart at its absolute discretion, requirements for exchanges or returns shall be subject to the following failing which no returns or exchanges shall be allowed:
• All Products (including any free gifts or free promotional items and warranty cards (if any) associated with the purchase) must be in their original packaging with all tags, accessories, sales invoice and warranty card (if any) enclosed and where any seal is attached, such seal must not be broken.
• Undergarments and inner wear cannot be exchanged or returned for any reason whatsoever.
• Perishable items (food or fresh produce) and cosmetic items (body care and skin care, makeup) cannot be returned nor exchanged if they have been partially consumed or used.
• Fashion items (including shoes and accessories) can be exchanged due to issues relating to color and size. However, if items returned for exchange are soiled, damaged or shows some form of wear and tear, no exchange or return will be considered.
• Subject to product warranty conditions, digital items (such as Smart TVs, tablets, phones, photo printers, digital cameras) cannot be exchanged or returned if the original seal is broken OR if there is no seal and the original packaging is opened.
• No Product may be exchanged or returned if it is specified in the warranty card that no exchanges or returns are allowed.
• All Products must be cleared of any defects or damage to the reasonable satisfaction of eCosMart and/or Business Partners and/or /supplier/manufacturer of Product before any exchange or returns of Products are completed or accepted by eCosMart.
iv) During the Returns Period and subject to the terms contained herein, requests for exchange or returns are allowed for defective Products within any valid warranty period. After the Returns Period and where warranty period for a Product is still valid, the Customer must engage directly with the supplier or manufacturer (at their service center stated in the warranty card) if the Customer wishes to request and demand for any exchange or return. Where the service center of the supplier or manufacturer is not specified, then eCosMart may, at its sole discretion, and at the request of the Customer, collect the Product free of charge from the Customer and deliver the Product back to the supplier or manufacturer on behalf of the Customer. For avoidance of doubt, a Customer is not entitled to any exchange or returns after the expiry of the warranty period of the Product.
a) Notwithstanding the terms of this Section 1(a) above, cancellation and refunds on returns requested for any Product during the Returns Period shall subject to the following:
i) Customers may cancel an order prior to confirmed delivery of a Product and request for a refund if payment has been made (other than COD). Cancellation may be done by contacting us. For avoidance of doubt once a Product has been confirmed for delivery and/or delivered and received by a Customer, the Order cannot be cancelled.
ii) Requests for refunds and the process of refunds will be subject to the terms on exchange and returns in Section 1(a) above and refunds will be processed after the successful clearance of any defects or damage on the returned Product to the reasonable satisfaction of eCosMart. Customers may contact eCosMart for full details of such refund. Depending on the method of payment, refunds including the time frame of refunds are also subject to the terms imposed by the issuing bank.
b) For avoidance of doubt, unless otherwise stated herein, no request for exchange or returns or cancellations or refunds on a Product may be made by Customers after the Returns Period and the decision of eCosMart with regards to this shall be final and binding.
3. RETURN AND EXCHANGE PROCEDURES
Please contact us at 6014-3825189 or email to email@example.com if you would like to request for a return or exchange. Please include the following details in your email in order for us to process your exchange soonest possible:
3.Product to Return or Exchange
4.Reason for Return or Exchange
Once we have received your request, we will contact you within 2 business days for further instructions. Please email us the parcel tracking number, courier company and order number once you send out the product for claiming warranty.
Failure to email us may result in delaying of the processing of your warranty claim.
4. SHIPPING COST
You will be responsible for paying for your own shipping costs for returning your product. Shipping costs are non-refundable. However, we will be responsible for the shipping cost if we had sent a wrong/defect product to you.
5. LIABILITY AND INDEMNITY
a) To the full extent allowed by applicable law, the Customer agrees that eCosMart will not be liable to a Customer/or any third party for any claims against eCosMart for consequential or incidental loss and damages (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to any Product sold (including free gifts or promotional items given in relation to any such Product) by eCosMart.
b) eCosMart shall further be under no liability in respect of : a) any allergies or other health or medical condition suffered by a Customer; and b) any defect to any Product, arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful 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 instructions (whether oral or in writing) misuse or alteration or repair of the Product, addition and insertion of parts, in particular of spare parts which do not come from eCosMart without the approval of eCosMart. In this connection, the Customer shall indemnify eCosMart against each loss liability and cost arising out of such claims.
c) The Customer shall indemnify and hold harmless eCosMart, its subsidiaries and affiliates from any claim or demand, or actions made by any third party due to or arising out of the Customer’s breach of these Terms and Conditions.
d) To the extent permitted by law, eCosMart’s total liability to the Customer or any third party in respect of any cause of action, shall in no circumstances exceed, in aggregate, a sum equal to 100% of any aggregate amount paid by the Customer in respect of the relevant Products.
e) Nothing in this Terms and Conditions shall exclude or limit our liability for (i) fraud; (ii) any breach of the consumer guarantees relating to the supply of products and/or services which cannot be excluded or limited pursuant to the Consumer Protection Act 1999; and (iii) any other liability which cannot be excluded or limited under any applicable law.