General terms and conditions
For the Kärcher MY online shop
Introduction
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our OnlineShop website: www.karcher.com.my (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please note that these terms and conditions only apply to orders from our OnlineShop website. Please also note that, although orders from our OnlineShop website may be fulfilled by other divisions of the Kärcher Group, these are the only terms and conditions which apply to such orders and any other terms and conditions (for example on the back of dispatch notes) should be ignored.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
Contents
1. Information about us
2. Your status
3. How the contract is formed between you and us
4. Our status
5. Consumer rights
6. Availability and delivery
7. Risk and title
8. Price and payment
9. Our returns policy
10. Warranty
11. Our liability
12. Written communications
13. Notices
14. Transfer of rights and obligations
15. Events outside our control
16. Waiver
17. Severability
18. Entire agreement
19. Our right to vary these terms and conditions
20. Law and jurisdiction
1. INFORMATION ABOUT US
We operate the website www.karcher.com.my. We are Kärcher Cleaning Systems Sdn Bhd, a company registered in Malaysia under company number 443599-P and with our registered office and main trading address at Karcher Cleaning Systems Sdn Bhd, No 5, Jalan Perintis U1/52, Kawasan Perindustrian Temasya Glenmarie, 40150 Shah Alam Selangor, Malaysia. Our GST number is 000584196096.
2. YOUR STATUS
Our site is only intended for use by people resident in Malaysia only. We do not accept orders from other countries.
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old; and
(c) you are resident in Malaysia; and
(d) you are accessing our site from that country.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when we dispatch the Product.
4. OUR STATUS
We may also provide links on our site to the websites of other sellers, whether affiliated with us or not. We cannot give any undertaking that sellers to whose website we have provided a link on our site will be able to fulfil your order or that any products purchased from such sellers will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within ten working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products unless it is a detergent or chemical to us as soon as reasonably practicable after informing us of the cancellation, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any detergents or chemicals if the container seal has been broken or tampered with
5.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided at www.karcher.com.my/my/returns. This provision does not affect your other statutory rights as a consumer.
6. AVAILABILITY AND DELIVERY
We always aim to dispatch all Products in stock within 4 to 6 working days. The maximum MY delivery time for Products is 30 days from acceptance of your order unless specifically agreed with you.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices are 0% GST.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already dispatched the Products.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have dispatched the Product, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard or Debit Card. Your card may be charged before we dispatch your order.
9. OUR REFUNDS POLICY
9.1 If you return a Product to us:
(a) because you have cancelled the Contract between us within the ten-day cooling-off period (see clause 5.1 above), we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of any refund due via phone or e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. If we opt to refund the price of a defective Product under clause 10.2, we will refund the price of the Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
9.2 As there is a flat charge for delivery we will not refund delivery charges where you only return part of an order.
10. WARRANTY
10.1 Subject to clauses 10.3 to 10.5 below, we warrant to you that any Product purchased from us through our site other than detergents and chemicals will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10.2 We will at our option repair, replace or refund the price of Products which you notify us are defective within the time limits set out in clauses 10.3 and 10.4.
10.3 You must notify any defect to us as soon as possible and in any event:
(a) within 28 days of receipt of the relevant Product; or(b) if later, within 28 days of the date on which the defect becomes apparent.
Information on how to report defective products is available at www.karcher.com.my/my/returns or by calling our helpline on 1-300-22-3188.
10.4 If you believe that any detergent or chemical is damaged on delivery, you must notify us within 7 days of delivery. Please follow the steps set out at www.karcher.com.my/my/returns or call our helpline on 1-300-22-3188.
10.5 This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorised by us or the use of incorrect electrical supply voltage, contaminated water supply or unsuitable chemicals.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 11.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort [including negligence], breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following:
(a) loss of income or revenue;(b) loss of business;(c) loss of profits;(d) loss of anticipated savings;(e) loss of data; or(f) waste of management or office time.
However, this clause 11.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 11.2.
11.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by act 382 of the Sale of Goods Act 1957;
(d) defective products under the Consumer Protection Act 1999;or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4 Where you buy any Product from a third party seller to whose site we have provided a link, the seller's individual liability will be set out in the seller's terms and conditions.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to Kärcher Cleaning Systems Sdn Bhd at No 5, Jln Perintis U1/52, Kawasan Perindustrian Temasya Glenmarie, 40150 Shah Alam, Selangor or to karcher.my@karcher-aisa.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
18.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
18.4 Nothing in this clause limits or excludes any liability for fraud.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we dispatch the Product (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and are to be construed in accordance with the laws of Malaysia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur.
