Sales Terms & Conditions
Terms and Conditions of Sales forThe Star Mall
(a) www.thestarmall.com.my (“The Star Mall”) is owned by Star Media Group Berhad (Company No.: 197101000523 (10894-D)(“STAR”) and powered by Commerce Dotasia Ventures Sdn. Bhd. (Company No.: 201601019162 (1190099-H). (“Seller”) These Terms and Conditions shall govern the supply of products to you via The Star Mall.
(b) The Star Mall provides a market place for the sales and purchase of merchandise and goods between you and the Seller.
(c) In the event you place an order via The Star Mall, this shall constitute a validly binding contract entered directly between you and the Seller. For clarity, STAR is not privy to the contract concluded between you and the Seller and STAR accepts no obligations and assumes no responsibilities/liabilities in connection with any such contract.
Access & Use
Please read these Terms and Conditions carefully as they contain binding legal terms and obligations including limitations or exclusions of liability. By placing an order vide The Star Mall, you are deemed to have fully read, understood, and agreed to these Terms and Conditions.
STAR reserves the right to amend these Terms and Conditions at any time without prior notice and the amended Terms and Conditions will be uploaded onto The Star Mall. You are highly encouraged to visit The Star Mall regularly to ensure that you are aware of any amendments made by STAR. Your continued usage of The Star Mall after amendments are posted thereon shall mean you agree to be legally bound by these Terms and Conditions as amended.
Price and Payment
(a) Unless stated otherwise, price displayed on The Star Mall is exclusive of delivery charges and any other applicable government taxes and/or levies which shall be borne by you separately.
(b) Price displayed on The Star Mall may be updated at any time with or without reasons. Price change (if any) will be notified via email and you will be provided with an option to cancel your confirmed order, free of charge.
(c) The Seller shall not be obliged to fulfil your order if the price displayed on The Star Mall is incorrect (even after your order has been acknowledged and accepted by the Seller) and you will receive a refund.
(d) Order is only confirmed upon successful payment and thereafter the Seller will send you an email confirmation. If a payment is not successful, the Seller will not process your order unless payment has been fully settled.
(e) If you do not receive the email confirmation from the Seller after three (3) days from the date of order placement, please contact the Seller at email@example.com.
(f) STAR and the Seller shall not be held liable for any additional interest and/or fee charged by any bank/financial institution/payment gateway service provider for any transaction/administrative fee. Please check with your bank/financial institution/payment gateway service provider for details.
(g) A certificate signed by an officer of the Seller shall be the conclusive evidence as to any amounts owing hereunder.
Unless otherwise stated herein, your order is non-cancelable, and payment made by you will be forfeited in the event of cancellation.
The availability of the products posted on The Star Mall depends on stock availability. STAR and the Seller do not guarantee the availability of any product at all times.
(a) Product will be packed and delivered in their standard packaging to the address specified by you in the order form.
(b) If you are not available to take delivery, the carrier appointed by the Seller will send you a notification giving you instructions on either re-delivery or own collection from the carrier. You may be required to pay additional shipping fee if you opt for re-delivery.
(c) Delivery date quoted in The Star Mall is approximate only and delays may occur. Time for delivery/performance shall not be of the essence. STAR and the Seller shall not be liable for any delay in delivery or performance howsoever caused.
(d) Upon delivery of the product, you are required to sign for delivery. Tax invoice for your order will be enclosed in the delivery parcel and you may contact The Star Mall customer service directly in case of any faults, defects or damage to the delivered product.
Return & Refund
(a) The return policy can be found on The Star Mall here. You may initiate the return process by contacting firstname.lastname@example.org directly.
(b) Products are made to order and we do not accept returns for size changes where the size is incorrectly ordered.
(c) Items that are delivered with an incorrect size, incorrect print, or unsatisfactory print are entitled for a direct 1 for 1 replacement or full refund (less shipping costs) by contacting email@example.com directly.
(d) Upon meeting the requirements of the return policy here, you will receive an email confirmation if your refund request has been approved.
(e) Cancellation with full refund will be allowed provided that the order has not been sent for production. You will receive an email confirmation if your refund request has been approved.
(f) Refunds (less shipping costs) will be made to your original mode of payment.
Disclaimer & Indemnity
(a) While STAR and the Seller will use reasonable commercial effort to include accurate and up to date information of the products in The Star Mall, STAR and the Seller make no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content.
(b) STAR and the Seller and their respective suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of The Star Mall and any usage of the product or materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) You agree to indemnify and keep STAR and the Seller and its directors, officers, employees, agents and affiliates harmless from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of The Star Mall and the products supplied herein.
(a) STAR and the Seller shall not be held liable for any breach, hindrance or delay in the performance of an obligation herein attributable to any cause beyond its reasonable control, including without limitation:
(i) Strikes, lock-outs or other industrial action;
(ii) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(iii) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(iv) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public;
(v) Any acts, decrees, legislation, regulations or restrictions of any government; and
(vi) The acts, decrees, legislation, regulations of any shipping, postal or other relevant transport strike, failure or accidents.
(b) In the event that a force majeure event lasts for more than seven (7) days and the Seller is unable to deliver the product, the Seller may forthwith terminate your order by serving a written notice without any liability other than a refund.
(a) These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia.
(b) Nothing herein contained shall be construed as establishing or creating a partnership or a relationship of master and servant between the parties hereto and none of them shall have any authority to bind the other in any way nor shall it be construed to constitute one party the agent of the other party hereto.
(c) If any provision herein is, or may become, under any written law, or is found by any court or administrative body of competent jurisdiction to be illegal, void or invalid, then, such provision shall be fully severable and the remaining provisions shall remain in full force and effective and shall not be effected by the illegal, void or invalid provision or by its severance.
If you have an order query, please contact us at firstname.lastname@example.org.
(Last updated 18th June 2020)