Terms & Conditions
This EUSAHAWAN.COM.MY Sales Terms and Conditions (“Terms and Conditions”) defines regards to the sale and purchase of any products on EUSAHAWAN.COM.MYin all business platforms namely on internet (hereinafter collectively known as the “Platforms”). Please read these Terms and Conditions before you purchase any products from EUSAHAWAN.COM.MY through the Platforms. By calling our call centre to place order or register an account on EUSAHAWAN.COM.MY you agree to be bound by these Terms and Conditions. By placing orders and making purchases through the Platforms you are deemed to have read, accept and agreed to abide this Terms and Conditions.
EUSAHAWAN.COM.MYis referred to as “we” or “us”. We reserve the right to revise, change, modify, alter or amend this Terms and Conditions at any time without prior written notice. Please visit this page regularly to review for the current terms. Your access or use of the features and services of EUSAHAWAN.COM.MY in the Platforms will be deemed as an irrevocable acceptance of such revisions, changes, modifications, alterations or amendments.
▶ Acceptance of Terms
You must be eighteen (18) years of age and above in order to use and access the features and services and make purchases on EUSAHAWAN.COM.MY on the Platforms. By accessing and using the Platforms you represent and warrant that you are a legal adult, you are fully able and legally competent to enter into a binding contract with us and comply with all the terms and conditions stated herein. If you are under eighteen (18) years old, your parent or legal guardian may purchase the products on your behalf. Otherwise, we may refuse service, cancel orders or terminate your account.
▶ Registration and Order
You must register an account with us before placing an order. To do this, you must call the Call Centre number or register on the relevant form on the internet and mobile application. When calling the Call Centre or registering on internet and mobile application, you are required to provide your name, address and e-mail address or mobile phone number. You must have a valid phone number so that you may receive notifications from us. Upon registration, your account is duly created.
We shall verify and validate your order upon receiving it. We will refuse, reject or not accept orders in the event of following reasons:
- if the product you ordered is unavailable (out of stock, colour or size unavailable);
- the description of the product or its price is incorrect;
- your payment instruction is denied by your bank/credit card;
- we believe that your transaction is void (please refer to voidable transactions); or
- your personal information are incorrect or false.
Sale of Contract
Your order for purchase constitutes an offer which is subject to this Terms and Conditions. We reserve the right to accept or reject your offer at any time for whatever reasons. After you have placed your order, we shall send you an acknowledgement receipt of your order. Upon verification of your order by us, we shall accept your order and the product will be delivered to you. A contract is formed when the product is delivered and duly accepted by you by signing the waybill (“Delivery Acceptance”).
The prices of the products are shown on the Platforms. However prices may change from time to time without prior notice.. The final price that you shall pay shall be the price that is displayed on the Platforms. All prices and charges are in Malaysian Ringgit. If the price shown or displayed is incorrect, please notify us and we will contact you for further instructions.
▶ Payment Terms
All prices are in Malaysian Ringgit and inclusive of Goods and Services Tax (“GST”). Should there be any additional charges, such as delivery charges, it will be notified to you through our call center agents (in case of order through telephone) or displayed on the total amount on the website or mobile application upon checkout.
The modes of payments available on EUSAHAWAN.COM.MY are as the following: –
- a) Prepaid – credit card, debit card, online banking;
- b) Post-paid – cash on delivery; and
- c) Instalment plan through credit cards for certain products as indicated.
Please note that there may be additional terms and conditions imposed by the issuing banks/financial institutions for modes of payments via credit card, debit card and online banking. You are responsible to ensure that you comply with the said terms and conditions. You are deemed to be the rightful owner of the bank account, credit card and debit card and legally competent to use such payment method.
When you make payments via credit card, debit card or online banking, please keep the payment receipts with you as evidence of payments. As for cash on delivery method, the waybill which will indicate the price of the product will be attached together with the packages that will be delivered to you by our logistics partner upon receipt of full payment in cash.
We shall reject your order if a credit card or debit card payment is rejected or declined for any reason or if you are unable to make full payment in cash to our logistics partner for cash on delivery mode of payment.
We accept all MasterCard, Visa and American Express credit cards issued in Malaysia. Please note that additional charges may be incurred by your issuer banks/financial institutions. Please refer to your banks/financial institutions for further information.
We take great effort in ensuring the security of your online transactions. Learn more about these security measures below.
- MasterCard Secure Code and Verified by Visa
If you’re paying with a credit or debit card, MasterCard Secure Code and Verified by Visa will add another layer of security to your online transactions, helping protect against unauthorized use of your card.
During checkout, you will be greeted with a personal message that you have previously set – this helps ensure that you are not dealing with a fraudulent website. Next, you will be asked for your own secret password to confirm your identity.
If you have not yet registered for MasterCard Secure Code or Verified by Visa, you may be asked to do so during the checkout process. You will then be redirected to your bank’s website to complete the registration.
Our website is a trusted VeriSign secure site, which is an independent, industry-recognized system that allows you to validate the ownership and security of any website.
By using the VeriSign SSL digital certificate, all sensitive data you send through, e.g. your name, address, and credit card number, are encrypted and converted into code before being securely transmitted over the Internet.
In simple terms, your personal information is constantly protected from interception and misuse by unwanted parties whenever you perform a transaction on our website.
- 3. 3-D Secure
Provided free by your bank, 3-D Secure provides additional protection and security whenever you use your credit card for Internet purchases.
The service involves a simple verification process using a personal message and password during checkout. The personal message ensures that you are dealing directly with your bank and not a ‘phishing’ site, while your password will help confirm your identity.
If you have not enrolled for 3-D Secure, you will be required to log on to your respective bank’s website to register before you can complete your online booking.
All Visa, Master, MyDebit debit cards issued by local banks/financial institutions are accepted. Please refer to your issuing bank/financial institutions for further information on additional terms if any.
You need to sign up and register internet banking with banks/financial institutions that provide internet banking service for your bank accounts. Your banks/financial institutions may charge additional fees for this mode of payment. Please refer to their terms and conditions.
Cash on Delivery
You may choose to pay cash upon delivery of the product to you. Cash on Delivery (“COD”) is available within all states in Malaysia. COD is available for purchases of product worth not more than Ringgit Malaysia Eight Hundred (RM800.00.
Limitation on Product Purchase Through Credit Card and Debit Card
Your purchases on EUSAHAWAN.COM.MY on the Platforms using the same credit card or debit card shall only be limited to five (5) times a day and the total amount of the said transactions shall not exceed Ringgit Malaysia Five Thousand (RM5,000.00) a day.
▶ Voidable transactions
We reserve the right to cancel your order, stop delivery or reclaim the product that has been delivered to you, if we believe that you have committed fraud, impersonate another person to purchase products, use another person’s account and banking account to make payments, breach any terms mentioned herein or fail to comply with any terms and conditions published on the Platforms. If you fail to return the products upon demand or settle payments upon demand, we reserve the right to take legal action against you.
▶ Suspension or Termination of Account
The following events (which is not exhaustive) will entitle us to suspending or terminate your account temporarily or indefinitely:
- You breach the Terms and Conditions and/or other terms and conditions notified by us;
- You provide us with wrong, inaccurate, incomplete or false information;
- You perform fraudulent activities or fraudulent activities are performed by third parties under your account; and
- You use another person’s banking account to pay for products that you ordered.
▶ Intellectual property rights
All logos, icons, graphics, trade names, service marks, trademarks, images, text, websites, domain names, and other intellectual properties in relation to EUSAHAWAN.COM.MY (“Marks”) are intellectual properties owned by us. We also reserve all intellectual property rights in all content including design, layout, images and text used on the Platforms (“Content”) and on all the medium of communication owned by EUSAHAWAN.COM.MY including but not limited to television, the internet, catalogues, mobile and other media channels. All intellectual property rights are protected by international treaties and applicable intellectual property laws in Malaysia. You are not allowed to reproduce, distribute, publish, imitate in any format, any of the Content or the Marks for any commercial or business purpose without our express written consent. If you breach this term, we reserve our rights to take appropriate legal action against you.
To the extent permitted by law, we reserve the right to change, rearrange, add, modify or delete any Content including without limitation, the features, design and layout of the Platforms, the programmes, advertisements, programme schedules that are presented or broadcasted as EUSAHAWAN.COM.MY on the Platforms.
Other marks, logos and names appear on the Platforms may owned by third parties. You are responsible to ensure that their intellectual property rights are not infringed. You will indemnify us against any loss or damage arising out of a third party claim which arises from such intellectual property rights infringement.
▶ Allowed Content for reviews and comments
You or visitors may post reviews, comments, suggestions, ideas or questions regarding the product through the Platforms. We shall remove or edit any content that is obscene, indecent, violent, offensive, defamatory, illegal, threatening to public health and safety, infringing intellectual property rights, invading privacy or anything that violates the regulations of the Malaysian Communications and Multimedia Content Code. The content must not contain viruses, consist of mass mailings or “spam”.
You represent and warrant that the content that you post is owned by you or you control all the rights to the content that you post, that the content is accurate and will not cause injury to any person or entity. By appearing or posting on the Platforms, you hereby grant us, our affiliates, subsidiaries, agents and distributors the right to use, copy, display, adapt, transmit, distribute, publish and promote the said content in any medium for marketing and promotion purposes or otherwise for any other purpose.
▶ Product Descriptions
All products’ descriptions, images, information and materials posted on the Platforms are provided “as is” and without express or implied warranties. The actual product you received may vary from shown on the Platforms due to repackaging, redesign of the product or limitation of broadcast, monitor or screen quality.
We, our subsidiaries and affiliates disclaim any liabilities from any product warranties, product claims and product’s fitness for specific purpose and merchantability that are stated on or provided by the products, their manufacturers, suppliers and merchandisers.
We do not make any express or implied warranties, representations or endorsements on the product’s quality, fit for specific purpose, product’s merchantability suitability including the product’s free gifts, and we disclaims any liability for such warranties, representations or endorsements made on the products.
If you are dissatisfied with the products, you agree that your sole and exclusive remedy is to discontinue use the product.
We take reasonable care that the products’ model, quality or composition is as presented and broadcasted on EUSAHAWAN.COM.MY on the Platforms and that the products are delivered in accordance with the general description under which the products are sold. All information or claims regarding the product that is presented and broadcast on the Platforms is as provided by the supplier/manufacturer. We disclaim any liabilities for any inaccuracy or error of such information or person acting in reliance or refraining from acting in reliance on such inaccurate or incorrect information.
▶ Limited liability and Indemnity
We are not liable for any claims including third parties’ for direct, indirect, special consequential, punitive or incidental (including but not limited to loss of revenue, loss of profits, loss of goodwill, loss of reputation, loss of privacy, loss of data or the cost of procurement of substitute products arising out of or from use, inability to use, performance or failure of the Platforms), that arise out of or relating to any products sold by us including the products’ free gifts or promotional items, regardless such damages are foreseeable or arise in contract, tort, equity, restitution, statute or common law.
You shall indemnify us, our subsidiaries and affiliates, from any claims, demands and actions made against us by third parties due to or arising out of or from your breach of this Terms and Conditions and other terms specified under this site.
We shall not be liable for any damages or claims whatsoever, relating to:
- a) any allergies, health, medical condition suffered by you arising from unsuitable use or improper use of the products;
- b) any defect or malfunction of the products due to or arising from defective installation or commissioning by you or third parties, negligent or improper handling of the products, their operating materials and spare parts by your or third parties; misuse, alteration or improper repair of the products by you or third parties; will full damage, excessive load, unsuitable operating materials or replacement materials;
- c) Any death or personal injury due to negligent or improper handling of the products, due to misuse, abuse, alteration or improper repair of the products, due to defective installation or commissioning of the products;
- d) Failure to follow proper instructions/ operating manual of the products; or
- e) product defect or failure due to normal wear, product misuse, abuse, product modification, improper product selection or misappropriation by you or third parties;
in which case, you shall indemnify us against any claims, demands or actions by third parties directly or indirectly arising out of or due to such events.
Unless it is stated otherwise in this Terms and Conditions, we do not limit our liability that cannot be excluded under applicable laws for consumer, sale of goods and contract; or for death or personal injury arising from our negligence and fraudulent misrepresentation.
Our total liability to you or any third party in any claim or cause of action is the amount that you paid to us to purchase the product(s).
▶ Disclaimer and Limitation of Liability
We make no warranty that EUSAHAWAN.COM.MY or that the broadcasting of EUSAHAWAN.COM.MY or that any Content, software and services accessible on or through EUSAHAWAN.COM.MY on the Platforms will be of satisfactory quality, meet your requirements, accurate, timely, uninterrupted or error free, are true, accurate, or are free of viruses or other harmful components. We do not guarantee that the results that may be obtained from the use of, including any support services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use EUSAHAWAN.COM.MY on the Platforms (either directly or through third-party networks) at all times or at locations of your choosing. Nor oral or written information or advice given by our representatives shall create a warranty.
We disclaim all warranties with respect to transmission of broadcasting EUSAHAWAN.COM.MY and transactions performed through the service generally. We make no representations or warranties as to the quality of the programmes or any transmission over EUSAHAWAN.COM.MY on the Platforms.
To the extent permissible by applicable law, under no circumstances, we shall be liable for any direct, indirect, special or consequential damages for loss of profits arising from or due to the use of or inability to use EUSAHAWAN.COM.MY on the Platforms due to service interruptions caused by network service providers; failure of performance, error, omission, interruption, delay in operation or transmission; any type of virus; any changes to EUSAHAWAN.COM.MY and unauthorised access to or alteration of your transmissions or data; delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this site or making payments online; any communication, transmission, material or data sent or received or not sent; or any transactions entered into or through EUSAHAWAN.COM.MY on the Platforms arising from or in connection with the fraudulent or unlawful acts of any third party.
We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights.
▶ Product Recall
Your safety is important to us. If the product that you purchased is being recall by the authorities, we will notify you for further instructions. Any questions or concerns about product recall please call our call centre at 0192005903
We reserve the right to amend the duration of the contests at any time without prior notice.
Prizes provided by third parties shall be governed by the relevant terms and conditions of the third party. We assume no liability whatsoever in relation to prizes provided by third parties.
We disclaim any liabilities from any product warranties, product claims and product’s fitness for specific purpose and merchantability for the prizes.
We reserve the right to substitute any of the prizes with another prize, at any time without prior notice, if the prize cannot be given by us for any reason.
All prizes are given on an “as is” basis and are not exchangeable for cash, credit, voucher or other items. If the prizes consist of EUSAHAWAN.COM.MY products, such products shall not be eligible for any return, exchange or refund request.
The winners will be contacted directly by our representatives. The winners will be required to provide their personal details for verification. We will not be held liable in the event the winners cannot be contacted for whatever reason and we reserve the right to select an alternate winner at our sole and absolute discretion.
Our selection of the winners is final and at our sole and absolute discretion.
You shall assume full liability and responsibility in case of any liability, injury, damage or claim (including death) resulting from your participation in the contests, redemption and/or utilisation of the prizes and agree to release and hold us (including our affliates) free and harmless of any liability.
You shall bear all recording, transportation, accomodation, personal costs and/or any other costs and expenses which you have incurred to participate in the contests, including for the redemption of prizes.
The content of your entry, including photographs and videos, must be original and does not violate any third party’s intellectual property rights. If the entry violates any intellectual property rights, the entry will be automatically disqualified. We are absolved from any liability in the event the entry violates any intellectual property rights. You must also ensure that your entry does not contain any foul language, violence and sexual elements.
By submitting your entry, you agree that we, any company under Media Prima Group of Companies and any of our service providers related to the organisation and running of the contests shall have the right, where permitted by law, to print, publish, broadcast, distribute and use in any media, your entry, in perpetuity and through out the world, without limitation, for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any compensation, further notice, review, or consent.
We reserve the right to disqualify and/or reject any entry which does not comply with the requirements of the contests at our sole and absolute discretion.
We reserve the right to amend the rules or discontinue the contests at any time at our sole and absolute discretion.
In the event where purchase of products from EUSAHAWAN.COM.MY is required as an entry requirement to the contest, there shall be no request for return, exchange or refund for the product(s) purchased during the relevant contest period. If there is a request for return, exchange or refund, the entry for the relevant contest shall be automatically disqualified.
The contests are not, in any way, sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network. You are providing your information to us and not to any other social network.
These General Terms & Conditions for Contests shall be governed by and construed in accordance with the laws of Malaysia. In the event of any dispute which cannot be resolved amicably, you agree to submit to the jurisdiction of the courts of Malaysia.