TERMS & CONDITIONS
These terms and conditions (“Terms and Conditions”) apply to the Site, RUBBERNECK Sdn Bhd (1165760-K), and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
In these Terms and Conditions:
1.1 the following words and expressions shall have the following meanings:
“Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Malaysia;
“Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause 7.2 below;
“Credit Card” means such form of charge card(s), credit card(s) or debit card(s) as may be stipulated on the Site as being acceptable for payment for Products;
“Credit Card Company” means in respect of any Credit Card, the relevant company or companies controlling or administering payments for such Credit Card;
“Customer” means individual who places an Order of a Product or Products on the Site;
“RubberNeck” means RUBBERNECK Sdn. Bhd. a company incorporated in Malaysia under registration number 1165760-K and having its registered address at 2-37 PV128, Jalan Genting Klang, 53300, Setapak, Kuala Lumpur;
“Liability” has the meaning given to it in clause 5 of these Terms and Conditions;
“Merchant(s)” means third party retailers who are selling their Products via the Site;
“Order” means the order submitted by you to the Site to purchase a Product from the Merchant;
“Products” mean items/products that you ordered via the Site;
“Services” means services offered to you by RubberNeck on the Platform;
“Site” means the RubberNeck online store currently accessible at www.rubberneck.me;
“us” means RubberNeck;
“you” means the Customer who places an Order.
1.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
1.3 The headings shall not affect the interpretation or construction of the Terms and Conditions.
1.4 References to “includes” or “including” or like words or expressions shall mean without limitation.
1.5 References to a “person” or “entity” includes a reference to an individual, a sole proprietor, a partnership, an unincorporated association and a company.
2.1 By placing an Order and/ or accepting delivery of the Products on the Site, you are offering to purchase a Product on and subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. All Orders are subject to acceptance by the Merchant.
2.2 To place an Order with RubberNeck you must be over eighteen (18) years of age and possess a valid credit or debit card issued by a bank acceptable to us.
- OUR SERVICES
3.1 The Services we offer allow you to search through the Site and purchase products from a number of Merchants and includes some ancillary services such as arranging delivery of the products and providing you with customer service assistance. When you purchase products using the Site, you are purchasing them from the third party retailers (“Merchant(s)”) named on the Site. It is important that you understand that the contract for the purchase of the products (“Contract”) is between you and the relevant Merchants. We are authorised by the relevant Merchants to conclude the Contract on their behalf but we are not a party to that Contract and you are not purchasing the products from us. Your agreement with RubberNeck relates only to your use of the Site and the Services available therein.
4.1 We request that all Merchants have and maintain reasonable business policies which comply with our business policies. We cannot, however, be responsible for the Merchants’ business policies. If you are unhappy with the Product you have received from a Merchant, you should contact us and we will liaise with the relevant Merchant on your behalf to try and resolve the issue.
4.2 The identity of the Merchant is shown on the product page of the relevant products, in your bag when the products are added and on the order confirmation page when you place an order.
- LIMITATION OF LIABILITY
5.1 In no event shall we be liable to the Customer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if we have been advised of the possibility of such loss or damage.
5.2 The total liability of Merchant/RubberNeck Shop to the Customer for any and all claims whether by the Customer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract by Merchant and/or these Conditions by us shall not in any event exceed the price of the Product giving rise to such claims.
5.3 Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence.
- THE PRODUCTS
6.1 We attempt to be as accurate as possible in the description of the products. However, as the descriptions are based on information provided to us by the Merchants, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Site are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products.
6.2 We do not allow Merchants to offer flawed products or products of lower quality than the corresponding market standards for sale on the Site. If products you have ordered are not as described, flawed or of a lower quality than the corresponding market standards, you can return them to us and we will liaise with the Merchant on your behalf and you will receive a full refund of the price of the returned product in accordance to our Returns and Refunds Policy.
7.1 When you place an Order for the Product(s) and the quantity required, at the price specified on the Site, you are required to complete the designated online form at the Site and provide all necessary information as may be required by us.
7.2 All orders are subject to acceptance by the Merchants, and we will confirm such acceptance by sending an invoice, via email to you as a Confirmation of Order. The confirmation email sent by us on behalf of the Merchant concludes the contract with you. The confirmation order will include a description of the products included in the Order. Your Order for the Products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Merchant.
7.3 Each Contract relates only to those Products which have been confirmed in the Confirmation of Order. There will be no obligation to supply any other Products which may have been part of your Order until a Confirmation of Order is sent in relation to those Products. For the avoidance of doubt, your agreement with RubberNeck relates only to your use of the Site and the Services available therein.
7.4 Processing of Credit Card payment for an Order shall not in itself constitute our acceptance of the Order, provided that where an Order is rejected, any payment made for such Order shall be reversed or refunded by us.
7.5 Prior to the Confirmation of Order, we reserve the right to refuse the processing of your Order for any reason, including Product unavailability and you reserve the right to cancel your Order. If we cancel your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
7.6 We shall to our best capabilities, ensure that all Product prices and specification which appear on the Site are accurate, and we shall not be liable for any errors in the pricing or product specification. The price to be paid for all Products shall be at the current selling price on the date of receipt of the Order, which may or may not be correctly reflected at the Site. If we discover an error in the pricing or specification of the product which you have ordered, we will contact you as soon as possible and seek for your confirmation as to whether you still wish to proceed with your order at the correct price or to cancel it. If you would like to cancel and you have already paid for the products, you shall receive a full refund. If we are unable to contact you, we shall treat the order as canceled.
7.7 You shall submit the accurate and up to date information to us and keep us updated on any changes relating thereto. We reserve the right to refuse to fulfill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
8.1 You shall pay for the Product in full at the time of ordering via our payment gateway. In any event, we shall not be bound to supply before we have received cleared funds in full.
8.2 All credit card payments are subject to the approval of the Credit Card Company and the relevant paying bank. We shall not be liable in any way if the Credit Card Company or the paying bank refuses to process or accept any Credit Card or Credit Card particulars for any reason.
8.3 If you are asked for details of a payment card by us and/or our payment service provider, you shall Undertake that all details provided to us for the purpose of purchasing the Product from us are correct, that the credit or debit card, or account or other payment method which you have use is of your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
8.4 You agree to submit to us and/ or our payment service provider details of Credit Card and other personal and delivery information as may be reasonable requested in order to process the Order, payment for the Order, and to arrange for delivery and invoicing. We may require our payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided you agree that we shall not be liable for any loss, damage, or liability in the event of any unauthorized disclosure of such information by our payment service provider.
8.5 We reserve the right to exercise our lawful remedies if a dispute or issue arises over payment through Credit Card, or if we do not receive full payment for an Order. In particular, but without limitation, if the Credit Card Company or the paying bank rejects or reverses payment for an Order, we may in our discretion;
8.5.1 refuse or reject such Order, or suspend or cancel delivery of such Order
8.5.2 repossess the Products if already delivered; or
8.5.3 claim against the Customer for the full price of the Order as a debt.
9.1 Payments must be authorized by the cardholder named in the payment process. We reserve the right to hold or cancel your Order without prior notice if we reasonably suspect that you or the cardholder is associated with any kind of fraudulent activity. Such suspicion may be based on the following activities;
9.1.1 The cardholder did not authorize the payment and claims that the booking is fraudulent;
9.1.2 There has been previous fraudulent activity/chargebacks by you or the cardholder; and
9.1.3 Information given during payment is erroneous/inadequate/inconsistent/linked to fraudulent behavior.
10.1 Delivery of the Products shall be made to the address specified by you in your Order.
10.2 We have the right at any time to sub-contract all or any of our obligations under this Terms & Conditions to any other party as it may from time to time decide without giving notice of the same to you.
10.3 Any dates quoted for delivery of the Products are approximate only. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.
10.4 If you fail to take delivery of the Products (otherwise than by reason of any cause beyond your reasonable control or by reason of RubberNeck’s fault), then without prejudice to any other right or remedy available to us, we may:
10.4.1 sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge you for any shortfall below the price under the Contract; or
10.4.2 claim damages.
11.1 We may cancel a Contract on behalf of the Merchant if the Product is not available for any reason. We shall notify you if this is the case and refund any payment that you have made. We shall usually refund any money received from you using the same method originally used by you to pay for the Product.
11.2 We retain the right to withdraw or cease to make available any or all Products from the Site, without liability or prior notice.
- CANCELLATION BY CUSTOMER
12.1 Once an Order has been accepted by us with the issuance of the Confirmation of Order by email to you, the Order cannot be cancelled.
- RETURNS & REFUNDS POLICY
13.1 All items except for used products and intimate products (undergarments and swimwear) can be returned or exchanged. You must return the Product to us by registered post in its original condition within seven (7) Business Days of receipt. To arrange for returns and/or refunds, please contact us at [email protected]
13.2 Only returns using our Consignment Note (which template is included in our delivery package) are accepted, as we do not honour any walk-ins. Please note that we do not accept returns if they are not returned via our selected courier service provider. Upon safe receipt of the returned Products within the seven (7) Business Days, we retain the right to approve or reject the refund of the Product.
13.3 Refunds are credited according to how the original payment was made. If you paid with a credit card, the money is refunded to your card. If the card you paid with is closed or invalid, the money will still be refunded to your credit card account. The refund amount will be based on the price which you have paid for the Product on the date of receipt of the Order. Please allow 30 days for the refund to be reflected in your account.
13.4 We make no warranty in respect of any Product, and our Returns & Refunds Policy is in lieu of all other warranties express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. Our sole liability for defective or non-compliant Products is limited to the Returns & Refunds Policy.
13.5 If you would like us to provide a refund for the Product, and we find that the Product has:
- a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
- b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
- c) been dealt with or used contrary to our or the manufacturer’s instructions for the Product; or
- d) deteriorated through normal wear and tear, after delivery by us,
we may at our discretion decide not to refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you have provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
14.1 You may use promotional vouchers as payment for Products on the Site.
14.2 We may email promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
14.3 If you have a promotional voucher, the said voucher may be used by someone other than you and you can assign your rights to use that voucher.
14.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
14.5 We assume no liability for the loss, theft or illegibility of promotional vouchers.
14.6 Conditions for the redemption of promotional vouchers;
14.6.1 From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
14.6.2 Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Certain individual brands may be excluded from voucher promotions.
14.6.3 The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
14.6.4 If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
14.6.5 The credit of a promotional voucher does not accrue interest nor does it have a cash value.
14.6.6 If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
- EXPORT CONTROL AND RESTRICTIONS
15.1 Products purchased or obtained under these Terms and Conditions may be subject to government import and export control laws and regulations, including those of Malaysia. You shall comply with all such laws and regulations.
16.1 All rights, title and interests in and to any software installed in the Products shall remain with us or the applicable licensor(s), as applicable. We do not make any warranties for any software under these Terms and Conditions.
- DATA PROTECTION
- FORCE MAJEURE
18.1 We and the Merchants shall not be liable to you for any breach, hindrance or delay in the performance of our obligations attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
18.2 If such Event of Force Majeure takes place and it affects the performance of our or the Merchants’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Merchants’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
19.1 Any notice shall be in writing and may be served by personal delivery or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
19.2 Any notice given by post shall be deemed to have been served two (2) Business Days after the same has been posted if the recipient address is in the country. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
20.1 Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and / or locations featured on this Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
21.1 We shall keep a record of your Order and these Terms and Conditions until six (6) years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, and the Confirmation of Order.
21.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
21.3 No failure or delay by us or you in exercising any right under these Terms and Conditions or the Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or the Contract.
21.4 If any clause in these Terms and Conditions or the Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or the Contract shall be capable of continuing in effect without the unenforceable term.
21.5 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or the Contract or all or any of your rights or obligations under these Terms and Conditions or the Contract.
21.7 Nothing in these Terms and Conditions or the Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
21.8 No person who is not a party to these Terms and Conditions or the Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or the Contract its assent to any such term.
21.9 These Terms and Conditions and the Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Malaysia Law. Both we, the Merchants and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS
22.1 We reserve the right to amend these Terms and Conditions at any time without prior notice. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.