RIGHT PLACE SDN BHD Terms of Service
Welcome to RIGHT PLACE SDN BHD. RIGHT PLACE SDN BHD is an additional service on RIGHT PLACE SDN BHD where RIGHT PLACE SDN BHD-registered Buyers will be able to enjoy the rights and privileges described in these RIGHT PLACE SDN BHD Terms of Services (these “RIGHT PLACE SDN BHD Terms of Service”) when purchasing Mall Items (defined below) on RIGHT PLACE SDN BHD from any of our participating Sellers that have been carefully selected by RIGHT PLACE SDN BHD (such Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall Buyer, you will be deemed to have consented to the terms and conditions described in these RIGHT PLACE SDN BHD Terms of Service when you make purchases on RIGHT PLACE SDN BHD. Similarly, if you are a Mall Seller, you will be deemed to have consented to the terms and conditions described in these RIGHT PLACE SDN BHD Terms of Service by your continued participation in RIGHT PLACE SDN BHD. These RIGHT PLACE SDN BHD Terms of Service supplement the Terms of Service and the other RIGHT PLACE SDN BHD Policies, of which these RIGHT PLACE SDN BHD Terms of Service forms a part – please read the Terms of Service and the other RIGHT PLACE SDN BHD Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these RIGHT PLACE SDN BHD Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable RIGHT PLACE SDN BHD Policy. All terms and conditions described in these RIGHT PLACE SDN BHD Terms of Service are subject to change at RIGHT PLACE SDN BHD’s discretion pursuant to the Terms of Service.
1. RIGHT PLACE SDN BHD Refunds and Return Policy
1.1 Mall Buyer may apply for a refund and/or return of an item purchased on RIGHT PLACE SDN BHD (a “Mall Item”) by completing the return/ refund slip attached to the parcel (the “Return Air Waybill”) and returning the Mall Item to RIGHT PLACE SDN BHD as described below at any time within fifteen (15) calendar days after the date that Mall Item was first made available for Mall Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Mall Buyer received delivery of the Mall Item; however, if Mall Buyer did not receive the Mall Item because of Mall Buyer’s absence from the destination address or Mall Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.
1.2 Please note that Mall Buyer must ship the Mall Item to a location designated by RIGHT PLACE SDN BHD within three (3) days after the return request is raised and in any event no later than the last day of the Free Return Period. When returning the Mall Item, Mall Buyer must affix or otherwise include the Return Air Waybill. The Return Air Waybill will be contained in the Mall Item package delivered to Mall Buyer. The Return Air Waybill will also contain the return address to which the Mall Item must be returned. All Mall Items that are returned must be returned via Pos Laju or a courier designated by RIGHT PLACE SDN BHD by no later than the last day of the Free Return Period. RIGHT PLACE SDN BHD reserves the right to reject any application where the Return Air Waybill was completed after the Free Return Period or the Mall Item was dispatched later than seven (7) days after the return request is raised (even if the Return Air Waybill was timely completed).
1.3 The approval of your request for refund and return will be made by RIGHT PLACE SDN BHD in its sole discretion after reviewing your completed Return Air Waybill and inspecting the condition of the Mall Item that was returned to RIGHT PLACE SDN BHD. The Mall Item that was returned to RIGHT PLACE SDN BHD must be, at a minimum, in the following conditions:
· New and sealed condition;
· Complete, with all items included in the purchase; and
· With original product packaging and price tags.
If any additional conditions apply to a certain Mall Item, RIGHT PLACE SDN BHD will inform you via the Site, SMS or email. The conditions for the Mall Items subject to return are referred to as the “Return Conditions”.
1.4 In addition, please note that certain types of Mall Items may be excluded from the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service, including:
· Digital goods, such as mobile top-up cards, audio or video recording or software;
· Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
· Goods that are not suitable for return due to health protection or hygienic reasons, such as earrings, cosmetics, swimwear, undergarments; and
· Items sold by non-RIGHT PLACE SDN BHD sellers.
If any Mall Item is excluded from the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service, RIGHT PLACE SDN BHD will make reasonable efforts to publish that information on our Site or otherwise inform the Mall Buyers; however, please note that our policies may change without notice at any time and certain Mall Items may be subject to exclusion after Mall Buyer has purchased them. Any Mall Item that is subject to exclusion from the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service is referred to as an “Excluded Item”.
1.5 RIGHT PLACE SDN BHD reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.
1.6 RIGHT PLACE SDN BHD may reject in its sole discretion any returned Mall Item (and the related request for refund and return):
· that is an Excluded Item;
· that does not meet the Return Conditions;
· if the Return Air Waybill relating to such returned Mall Item was completed after the expiration of the Free Return Period; or
· if the Mall Item was returned in a manner that does not comply with Section 1.2 above.
Please note that RIGHT PLACE SDN BHD’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Mall Buyer has completed the Return Air Waybill and/or returned the Mall Item.
If RIGHT PLACE SDN BHD rejects a request for refund and return, RIGHT PLACE SDN BHD will organize the delivery of such Mall Item to the relevant Mall Buyer’s address to which the Mall Item was originally delivered, and RIGHT PLACE SDN BHD shall be entitled to seek compensation from such Mall Buyer for any costs incurred in delivering the Mall Item back to such Mall Buyer.
1.7 RIGHT PLACE SDN BHD reserves the right to terminate a User’s access to RIGHT PLACE SDN BHD if it suspects any abuse of the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service and, if RIGHT PLACE SDN BHD deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).
1.8 The Refunds and Return Policy for Mall Items described in these RIGHT PLACE SDN BHD Terms of Service are in addition to the general Refunds and Return Policy described in the Refunds and Return Policy. If there is any inconsistency, the Refunds and Return Policy described in these RIGHT PLACE SDN BHD Terms of Service will prevail in respect of Mall Items.
2. Mall Seller Terms and Conditions
2.1 If you are a Mall Seller, you should have received a separate written notification from RIGHT PLACE SDN BHD informing you of your selection to participate in RIGHT PLACE SDN BHD. If you decide not to participate in RIGHT PLACE SDN BHD at any time, please inform RIGHT PLACE SDN BHD in writing; otherwise, you will be deemed to have elected to continue your participation in RIGHT PLACE SDN BHD and consented to the terms and conditions set out in these RIGHT PLACE SDN BHD Terms of Service.
2.2 Each Mall Seller warrants that the Mall Item it offers on RIGHT PLACE SDN BHD and actually delivered to Mall Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Mall Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Mall Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of the Mall Items, and will hold RIGHT PLACE SDN BHD harmless from any losses relating to the foregoing.
2.3 If a Mall Seller is found to have offered or sold any Mall Item on RIGHT PLACE SDN BHD that is restricted under RIGHT PLACE SDN BHD’s Prohibited and Restricted Items Policy, RIGHT PLACE SDN BHD reserves the right to, at its sole discretion, remove the offending Mall Items from RIGHT PLACE SDN BHD, and execute refunds (and any adjustments) to Mall Buyers who have purchased such Mall Items (even if Mall Buyers did not comply with any of the requirements described in Section 1 above), in which case Mall Seller agrees to reimburse RIGHT PLACE SDN BHD for all such refunds (including any related costs and charges) and authorizes RIGHT PLACE SDN BHD to deduct such amounts from any amounts payable to Mall Seller or take such other action as deemed appropriate by RIGHT PLACE SDN BHD in its discretion.
2.4 RIGHT PLACE SDN BHD’s determination to approve a refund or return of a Mall Item pursuant to Section 1 above is binding on the relevant Mall Seller. Mall Sellers agree to comply and do all such things as necessary to give effect to a Mall Buyer’s request for a refund or return approved by RIGHT PLACE SDN BHD.
2.5 RIGHT PLACE SDN BHD will provide Return Air Waybills to Mall Sellers at no additional cost to Mall Sellers, and each Mall Seller will be responsible for providing the relevant Return Air Waybill to Mall Buyers when fulfilling the purchase order made by Mall Buyers on RIGHT PLACE SDN BHD. If a Mall Seller has failed to provide the proper Return Air Waybill to a Mall Buyer whose request for refund or return has been approved by RIGHT PLACE SDN BHD, RIGHT PLACE SDN BHD reserves the right to elect any method of logistics to facilitate the return of the relevant Mall Items from such Mall Buyer. Mall Sellers understand and agree that in the case of the foregoing, RIGHT PLACE SDN BHD has the right to recover from the relevant Mall Seller any costs incurred in returning the Mall Item(s) without a Return Air Waybill, including by deducting such amounts from any amounts payable to such Mall Seller.
2.6 For any refund or return request approved by RIGHT PLACE SDN BHD, RIGHT PLACE SDN BHD will organize the delivery of the relevant returned Mall Item to the address provided by the relevant Mall Seller to RIGHT PLACE SDN BHD in writing for the completion of the refund and return process, at no additional cost to such Mall Seller so long as such address is in the country in which the relevant Mall Item was listed for sale on the Site (a “Local Address”). If Mall Seller fails to provide a Local Address for return of the returned Mall Item or otherwise fails to accept delivery of the returned Mall Item within a reasonable period of time (as determined by RIGHT PLACE SDN BHD), RIGHT PLACE SDN BHD reserves the right to dispose of such Mall Item in any manner it sees fit and Mall Seller shall be deemed to have forfeited all rights to such Mall Item.
2.7 For any refund or return rejected by RIGHT PLACE SDN BHD where the relevant Mall Item was received by RIGHT PLACE SDN BHD, RIGHT PLACE SDN BHD will organize the delivery of such Mall Item to the relevant Mall Buyer’s address pursuant to Section 1.6 above.
3. RIGHT PLACE SDN BHD 100% Authentic Product Policy
3.1 All products listed by Mall Sellers must be 100% authentic.
3.2 Counterfeit products are prohibited from being listed in RIGHT PLACE SDN BHD. The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:
· A product that violates any local country laws in which they are sold;
· A product that is a fake or a replica of an existing official product;
· A product that has never been produced by a specific brand;
· A product that is significantly under-priced;
· A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
· A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
· A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
· A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
· Usage of a photo on the listing that contains the trademark of a brand.
3.3 Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.
3.4 If requested by RIGHT PLACE SDN BHD, the Mall Seller shall promptly provide documentation to RIGHT PLACE SDN BHD that proves (to RIGHT PLACE SDN BHD’s reasonable satisfaction) the authenticity of the Mall Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5 If the Mall Seller fails to provide Proof of Authenticity, the Mall Seller shall:
(a) accept the return of the Mall Item from the Mall Buyer;
(b) refund to the Mall Buyer twice the amount that the Mall Buyer paid for the Mall Item or, where RIGHT PLACE SDN BHD has already refunded this amount to the Mall Buyer, the Mall Seller shall refund such amount to RIGHT PLACE SDN BHD;
(c) be liable to compensate RIGHT PLACE SDN BHD for such other costs, expenses, losses and liabilities suffered or incurred by RIGHT PLACE SDN BHD (including, but not limited to, loss of goodwill) as determined at RIGHT PLACE SDN BHD’s sole discretion.
3.6 In the event that RIGHT PLACE SDN BHD determines, at its sole discretion, that Mall Seller has violated Section 3, RIGHT PLACE SDN BHD may take all appropriate measures, including but not limited to removing the counterfeit Mall Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Mall Seller's RIGHT PLACE SDN BHD account and/or access to RIGHT PLACE SDN BHD. Mall Seller's obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Mall Seller’s account.
4. RIGHT PLACE SDN BHD Commission Fees
4.1 RIGHT PLACE SDN BHD charges a fee for all successful transactions completed by Mall Sellers on the Site (“RIGHT PLACE SDN BHD Commission Fee”). The RIGHT PLACE SDN BHD Commission Fee is borne by the Mall Seller, and is calculated as (i) three percent (3%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of electronics and Baby & Toys products, and (ii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of non-electronics and non-Baby & Toys products. The Gross Settlement Price for an item is the Buyer’s Purchase Monies for that item, plus any RIGHT PLACE SDN BHD rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product shall be at RIGHT PLACE SDN BHD’s sole and absolute discretion. The RIGHT PLACE SDN BHD Commission Fee is subject to SST (“RIGHT PLACE SDN BHD Tax Amount”), and the Mall Seller is responsible for such RIGHT PLACE SDN BHD Tax Amount.
4.2 Following the successful completion of a transaction, RIGHT PLACE SDN BHD shall deduct the RIGHT PLACE SDN BHD Commission Fee and the RIGHT PLACE SDN BHD Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Mall Seller in accordance with Section 11.2 of the Terms of Service. RIGHT PLACE SDN BHD shall issue receipts or tax invoices for the RIGHT PLACE SDN BHD Commission Fee and RIGHT PLACE SDN BHD Tax Amount paid by Mall Seller on request.
4.3 For the avoidance of doubt, the RIGHT PLACE SDN BHD Commission Fee under this RIGHT PLACE SDN BHD Terms of Service applies in addition to the Payment Fee under the Terms of Service.
