Terms & Conditions

INTRODUCTION

Welcome to the www.kakimotor.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, Kakimotor Sdn Bhd (598262-V), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. “Kakimotor” means Kakimotor Sdn Bhd, a company incorporated in Malaysia under registration number 598262-V and having its registered address at 14-1 Jalan PJS 9/2, Bandar Sunway, 46150 Petaling Jaya, Selangor, Malaysia. International credit card payments that you make through the site will be processed by our payment service provider, PayPal.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. 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

We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. 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. Furthermore, you must notify us of any unauthorized use of your 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 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.

ORDER ACCEPTANCE AND 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 mispriced, 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.

GST

GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Kakimotor Sdn Bhd, being GST registered company, will include GST where applicable.

Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).

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, text, 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 hereby 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 Malaysia 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 rights 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 rights 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, or practices of Kakimotor Sdn Bhd (598262-V), in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Terms of Use

Orders and Specifications

Order acceptance and completion of the contract between the Buyer and Kakimotor will only be completed upon Kakimotor issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Kakimotor 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. Kakimotor shall furthermore be entitled to require the Buyer to furnish Kakimotor with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

Price

The price of the Goods and/or Services shall be the price stated in Kakimotor’s website at the time which the Buyer makes its offer purchase to Kakimotor. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Kakimotor in addition to the price.

Terms of Payment

The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Kakimotor’s website.

Credit Card via PayPal

Credit Card payment option is available for all Buyers. PayPal accepts all Visa and Master Cards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard Secure) enabled. All your credit card information are protected by means of industry-leading encryption standards.

Online Banking

By choosing this payment method, the Buyer shall transfer the payment for the Goods to a Kakimotor’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Kakimotor, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

Delivery/Performance

Delivery of the Goods shall be made to the address specified by the Buyer in its order. Kakimotor 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. Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and Kakimotor shall not be liable for any delay in delivery or performance howsoever caused.

Risk and property of the Goods

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 Kakimotor has tendered delivery of the Goods. 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 Kakimotor 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 Kakimotor to the Buyer for which payment is then due.

Warranties and Remedies

Kakimotor shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period. Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall be notified to Kakimotor within seven days from the date of receipt of the Goods. During use, the Goods shall be monitored constantly with regard to safety and defects. If there are even slight reservations concerning the suitability for use or the slightest reservations concerning safety, the Goods must not be used. Kakimotor shall be given written notification immediately, specifying the reservations or the defect. However in no event shall the Buyer be entitled to reject the Goods on the basis of any defect or failure, except where the failure is such that the Goods delivered are of a fundamentally different nature than those which Kakimotor had contracted to deliver. When Kakimotor has provided replacement Goods or given the Buyer a refund, the non-conforming Goods or parts thereof shall become Kakimotor’s property.