1. In General
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE GENERAL TERMS AND CONDITIONS OF SALE CAREFULLY AS THEY APPLY TO YOUR USE OF THIS WEBSITE AND SALE OF PRODUCTS THROUGH THIS WEBSITE.
These terms and conditions of use (the “Terms and Conditions”), are intended to set forth the basic terms and conditions between you and North Malaya Autoparts Specialist (Company No. 849903-M) or its affiliated companies (“North Malaya Autoparts Specialist”, the “Company”, “we”, “our”, or “us”). The Website “northmalaya.my” is wholly owned byNorth Malaya Autoparts Specialist (Company No. 849903-M). All the operations and services available in this website are fully managed and operated byNorth Malaya Autoparts Specialist (Company No. 849903-M). All the contents residing in this website such as text, graphics, logos, and images are the properties of North Malaya Autoparts Specialist (Company No. 849903-M) and/or its respective owner.
You agree that the Company may make agreements with you by electronic means and that such agreements are legal, authentic, and valid for the purposes of the law.
Material from this Website is protected by copyright and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the copyright owner.
Use of the Website is void where prohibited by applicable law and the right to access the Website is revoked in such jurisdictions.
All trademarks on this Website are property of the Company unless otherwise indicated. The Company name, North Malaya Autoparts Specialist (Company No. 849903-M) and all related terms, names, logos, product and service names, designs and slogans, materials on this Website including the text, information, graphics, pricing, content, products and services are trademarks and intellectual property of the Company or its affiliates. You must not use such marks without the prior written permission of the Company or its owners. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Material on this Website is provided for lawful purposes only and in a manner which does not violate the rights of, or restrict or inhibit the use of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or of defamatory, racially or ethnically objectionable material of any kind or disruption of normal flow of dialogue within this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. North Malaya Autoparts Specialist (Company No. 849903-M) will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software, and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of North Malaya Autoparts Specialist (Company No. 849903-M) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by North Malaya Autoparts Specialist (Company No. 849903-M). You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by North Malaya Autoparts Specialist or its licensors. Northmalaya.my is a trademark belonging to North Malaya Autoparts Specialist No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorably similar without the written permission of North Malaya Autoparts Specialist.
5. North Malaya Community Areas
North Malaya Autoparts Specialist (Company No. 849903-M) reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any of our services in any way.
If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.
Submission of material
By submitting any material to us, you automatically grant North Malaya Autoparts Specialist (Company No. 849903-M) the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that North Malaya Autoparts Specialist (Company No. 849903-M) is not obliged to publish any material submitted by you on any By Industries Sdn Bhd publication.
We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
In certain circumstances North Malaya Autoparts Specialist (Company No. 849903-M) may also share your contribution with trusted third parties.
Failure to comply
If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.
This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas ofNorth Malaya Autoparts Specialist (Company No. 849903-M)
North Malaya Autoparts Specialist reserves the right to delete any contribution, or take action against any North Malaya Autoparts Specialist account, at any time, for any reason.
If you do not want to grant North Malaya Autoparts Specialist the permission set out above on these terms, please do not submit or share your contribution on the Community website.
6. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland Malaysia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract withNorth Malaya Autoparts Specialist (Company No. 849903-M) you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.North Malaya Autoparts Specialist (Company No. 849903-M) retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be North Malaya Autoparts Specialist (Company No. 849903-M) or may in some cases be a third party.
Where a contract is made with a third partyNorth Malaya Autoparts Specialist (Company No. 849903-M) is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order.
A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you.
Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.
If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction.
Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
We strive to deliver your purchased products in the shortest time possible. All orders are in process as soon as the transaction is confirmed. All orders are dispatched and delivered by courier service, Monday – Friday, excluding weekends and public holidays.
After you have successfully placed your order, our Customer Service team will conduct a verification process and update you as soon as possible by email.
After successful verification, you can check your order tracking number on our site under “My Account” after 3 working days.
If delivery is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery of the product from the carrier, we (without affecting any other right or remedy available to us) would charge you for any fee and other costs reasonably incurred by us.
Currently, we can only send orders to street addresses in Malaysia. We do not deliver to a PO Box address, military, and protected areas. Delivery charges for failed attempted delivery to such restricted areas will be borne by you. We are unable to ship to any international address.
We are currently only able to deliver to one delivery address per order. If you’d like to deliver to multiple addresses, please place a separate order for each unique address.
SHIPPING COST & DELIVERY TIME
COURIER OR SELF PICK UP
|Delivery Option||Peninsular Malaysia||Estimated Shipping Time|
|Self pickup||FREE||Same Day|
|Pos Laju/ J&T/ FMX||Based on weight. Free shipping for orders totalling over RM300 (excluding GST, shipping fees and other promotional discount)||
1 – 3 working days
E-RIDER (only applicable to order within Penang)
Estimated Shipping Time:
Same Day Delivery
Base Fare RM2.80
Maximum Weight: 10kg for Motorcycles, 40kg for Cars Maximum Size: Width 46cm x Depth 34cm x Height 32cm for Motorcycles; Width 50cm x Depth 50cm x Height 50cm for Cars
8. Returns & Exchange
Cash refunds are not available. However, if the customer is unhappy with the purchase, the customer can return the items to North Malaya Autoparts Specialist (Company No. 849903-M) within 21 days from the date of delivery, and North Malaya Autoparts Specialist will issue a coupon/store credit of the item’s value.
If the customer has not responded to the notification 10 days after delivery of notification, North Malaya Autoparts Specialist (Company No. 849903-M) reserves the right to claim ownership of items and resell the items on by-store.com.my. The cost of returns is borne by the customer.
For returns and exchanges, customers are advised to notify North Malaya Autoparts Specialist (Company No. 849903-M) first at firstname.lastname@example.org quoting the order number and product details.
Please contact our Customer Service to initiate the return.
Please ensure that the Return Slip and Tax Invoice are included in the parcel. The item(s) must be returned to our returns address:
North Malaya Autoparts Specialist (Company No. 849903-M)
4352-4355, JALAN HENG CHOON THIAN,
9. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by lawNorth Malaya Autoparts Specialist (Company No. 849903-M) and its 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 this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affectNorth Malaya Autoparts Specialist’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
11. Disclaimer as to ownership of trademarks, images of personalities, and third party copyright
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 Website are in no way associated, linked, or affiliated with North Malaya Autoparts Specialist and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website 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 North Malaya Autoparts Specialist.
You agree to indemnify, defend and hold harmless North Malaya Autoparts Specialist, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
North Malaya Autoparts Specialist shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Malaysia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Malaysian courts.
18. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and North Malaya Autoparts Specialist Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director ofNorth Malaya Autoparts Specialist.