1. TRADEMARKS AND COPYRIGHTS
This is to certify that all the registered/unregistered intellectual content displayed on the site will be our property. This includes but is definitely not limited to text, software, graphics, images, video, music, sound, website layout and arrangement of contents as well as the underlying source code and software compilations. The Site’s contents are copyright protected as shared work format under the prevailing Malaysia copyright laws and related international conventions. Thereby, all rights are reserved.
2. USE OF THE SITE
As per our policy, the visitors are granted a revocable and non-transferable license for using the Site for ordering/purchasing the personal use items available for sale. Using this website for commercial purposes on behalf of a third party is strictly prohibited unless explicitly legalized by us in advance. If any of our pre-described Terms/Conditions is breached, the granted license will be immediately cancelled without prior notice.
The website’s content can (and should) only be used for informational purposes. The product representations/descriptions displayed on this Site have been provided by the vendor and not by us. Also, the users/visitors/individuals are responsible for the opinions/submissions posted on this website and it does not in any way reflect our opinions.
Some specific services and related features available on this website may require user’s subscription or registration. If you choose to subscribe or register to such a service/feature, you must scroll through the related terms & conditions and provide accurate information about yourself. In case there are any changes in your personal data, you must promptly update it to avoid complications later on.
The safety and security of user account identity/password and every activity conducted using that account is solely the responsibility of the account owner. In case of any unauthorized use, you need to immediately notify us. However, the Site will not be liable or responsible in any way either directly or indirectly for the loss/damages incurred in connection with or as a result of your failure in keeping the account secure.
The cited Terms & Conditions are basically a type of Agreement between the visitors and the owners of this Site. This Agreement is created purely to outline the user’s rights and obligations and salient aspects with regard to using the services and features of this Site. These Terms & Conditions point out the rights and obligations between the individuals involved in trading of products/services, between the Members and the company, and the use of service procedures by the Members, etc., regarding using the e-commerce oriented facilities (“Services”) offered by http:// www.houseguru.com.my ; hereinafter houseguru operated by Rumahku Marketing the COMPANY.
1. ① The meanings of specific terms used in this Agreement are presented below:
1. “houseguru” : This is the title of the website, which has been created for encouraging e-commerce facility in real-time and the related operations provided by the Company for the sake of transaction of goods/services (the “Products”).
2. “User”: The term User or Users refers to individuals whether Members or Non-members who have been granted the license of using the Company’s Services according to the terms & conditions.
3. “Seller Member”: It refers to-
• Individual or business registered on this Site as per the registration process laid out by the Company
• Individual/business that is regularly updated about information related to the Company’s policies and change-of-rules on a regular basis
• Individual/business that uses the Services offered by the Company
4.”Buyer Member”: The term “Buyer Member” or “Purchasing Customer” is used to describe a member entitled to use the Services and buy products available at (houseguru). To become a Buyer Member on this Site, the individual should be above 18-years age. You can only become a Buyer Member for the sole purpose of purchasing the products available on the Site. This rule is applicable on foreigners residing in Malaysia too. Individuals below 18-years age can use this Site only after the authorization of parent(s) or a legal guardian.
5. “Seller Member (Purchase and Sale Customers)” : This term refers to a Member who is entitled to:
• Purchase the products available for sale at (houseguru)
• Use services offered by (houseguru)
• Use the Services detailed in the Corporate Seller Agreement (the “Sale and User agreement)
6. “Individual Seller Member”: The term refers to a member who has been entitled to sell products for commercial or business purposes
7. “Non-Member”: It refers to an individual using the Services offered by the Company without registering himself/herself as a permanent Member at the website.
8. “Buyer”: It refers to a User who buyers the Products of a registered seller at the website by exercising the right to purchase, which has been granted to the Buyer Members, Seller Members and Non-Members.
9. “Seller”: It refers to a Member who has registered the Products with the Company utilizing the right of using website as Products advertisement platform to sell the Products. This right is granted to the Seller Members.
10. “Member Rating”: It refers to the rating or ranking given to every Member by the Company. This rating is based on pre-determined criteria and results are generated in the light of the Member’s usage of the Site’s Services.
11. “Product Review”: It refers to a type of content in written, audio/video clip or graphic format offering a complete review of the Products. Product Reviews are generally posted by buyers after purchasing the Products.
12. “Purchase Finalization Period”: It is the period or duration given to the Buyer to finalize the purchase (confirmation of its purchase, return or exchange). As a general rule, this period expires exactly on the 7th day from the date of receiving the receipt of the products the buyer intents to buy. In case the Company cannot confirm the receipt thereof (for instance, if products needs to be installed on-site), then on the 5th day confirmation is sent by the Company to the Buyer. The cancellation right can be exercised after 15 days from the shipping date.
13. “Personal Identity Verification”: It is the act of confirming whether the information provided by a Member at the time of registering with the website is valid or not. The information is verified through various methods including the following:
(i) Personal identity of a Buyer Member or Seller Member is verified through email authentication. However, additional verification would be required for the Individual Seller Member in accordance with separate means offered by the Company
(ii) Business Seller verification involves authenticating the company’s corporate name, the registration number of the business enterprise, and confirmation of the necessary items described in Article 8 hereof.
14. “Business Day”: It refers to those days on which the website offers its Services. Usually all the weekdays are Business Days and Saturdays, Sundays and any public holidays in Kuala Lumpur are excluded.
15. “Transaction Fee”: The fee that the Seller pays to the Company for using its services is referred to as Transaction Fee. This fee is deducted by the Company before the payments are settled with the Seller.
5. PRODUCT LISTING
1. ① The seller would be fully liable for the Listing. At (houseguru), the Listing warrants that the Seller:
o Is the valid/verified owner of the listed Products
o Has be granted the right to online sell his/her/its Products in Malaysia
o Offers products that conform to all implemented laws regulations in Malaysia.
o Offers products that accurately conform to the stipulations, illustrations, presentation criteria and salient additional descriptions as approved by the Company and displayed on the Website
o Offers products that are free from laws/faults/defects with regards to the materials, performance, manoeuvre & workmanship
o Does not provides misleading information to the Company and Buyer Members
o Offers his/her/its products at competitive rates as per the Site’s policy
o Does not in any way tries to insert illegal or offensive content on the Website.
2. ② The Site does not although limiting the foregoing prerequisites but you may not be allowed to sell any product at (houseguru) due to the following conditions:
o Using of cosmetics that endanger the health and safety of a consumer. Typically, such items do not contain authorization from BFAD (Bureau of Food and Drug)
o Selling firearms or life-threatening hazardous weapons.
o Illegal/black-market Items.
o Goods that have been stolen, black-listed or banned
o Illegally imported goods.
o Any kind of illegal item
6. ORDER LIMITATIONS
1. Right to reject any order placed for some product(s) listed on this website or the quantities of an order is reserved by the Company. The Company may cancel an order without any given reason. If your order gets rejected, you will be notified via the e-mail address provided by you at the time of order placement.
2. At its own discretion, the Company may limit or cancel the quantity of product(s) per person, per order or per household.
3. The right to modify or restrict the order is also reserved by the Company. These restrictions may be implied on any or all of the product(s) you ordered at (houseguru) using the same site account, same credit card, and same billing and/or shipping address. If the Company modifies or restricts an order, you will be notified via e-mail and/or billing address provided at the time or order placement.
4. The right to reject, limit or prohibit sales to certain dealers and/or re-sellers is reserved by the Company.
7. ORDER ACCEPTANCE AND PRICING
1. It must be noted that there are situations in which an order cannot be processed. There may be various reasons behind this. The website reserves the right to cancel or reject/refuse any order at any given time without narrating the specific reasons. Also, you may be required to provide additional information or undergo additional verification procedures in some cases. This may include but is certainly not limited to address and phone number provision prior to order confirmation from our side.
2. We always strive to provide most authentic and accurate pricing information on our website to our users. However, the probability of errors cannot be overlooked. There might be cases when an item is incorrectly displayed or wrongly priced. In case of mispricing or misrepresentation, we will at our own discretion either contact you for further instructions or we may cancel your order and will notify you about it. We reserve the right to refuse or cancel an order whether or not it has been confirmed or your bank account/credit card charged.
8. DELIVERY ; COMPLATION OF TREANSACTION
1. An order’s delivery period commences on the succeeding day of the date when the deposit was confirmed. The period ends on the date when the delivery was formally made. The delivery period may be prolonged due to some reasons such as on public holidays, holidays in Kuala Lumpur, in case of a natural disaster or the force majeure event.
2. If the Buyer feels that the purchased Good(s) has not been delivered as per the Company Contract or within the due time, he/she will be entitled to serve the Company a written notice to demand for performance within a specified time subsequently. The Company has to respond within 14 days and any failure in doing so will entitle the Buyer to terminate the Contract with regards to the undelivered Goods and claim for compensation for all the loss and expense sustained due to the Company’s ill performance.
3. If there is a dispute between the Buyer, Seller, the delivering company or financial institutions, etc., in relation to the delivery, it has to be resolved by the related parties. The Company will never be a party or shall be deemed liable in any of such disputes.
4. Any dispute that may arise between the Buyer and Seller in case of product(s) prices or Buyer’s claim for a refund due to some defect(s) in the purchased Product(s), etc. after finalization of the purchase, the Company shall not intervene. Such disputes between the Buyer and the Seller after finalization of the purchase shall be resolved between the relevant parties.
5. In case the Buyer fails to finalize the purchase or exchange or return within the prescribed Purchase Finalization Period, the Company will automatically deem that the Buyer has expressed his/her intent to finalize the purchase and the procedure will be taken to the next level (the “Automatic Finalization of Purchase”). The delivery period will start from the next business date of the order finalization. The Buyer will receive the product(s) in due time but if he/she does not receive it within the Purchase Finalization Period, the Company will have to be notified about the product(s) non-arrival.
6. If the Automatic Finalization of Purchase process concludes with a non-arrival, the Company has the right to remit the payment (that exists in the custody of the Company) to the Seller in the way the Seller choses to be remitted.
7. After the Automatic Finalization of Purchase procedure is finished, the Buyer shall not raise objections against the Company for issues like non-delivered Products or product return request, etc. The Buyer will have to settle the dispute with the Seller regarding refund of the purchased product’s price and/or product’s exchanging, etc.
8. If the Buyer fails to receive the delivery of the ordered Goods (unless this failure is caused by a reason beyond the Buyer’s control or due to a fault/delay from Seller’s front) then without any prejudice with regards to a right or remedy from the Company, the Company may:
o Re-sell the Product(s)/Goods at the best possible and readily attainable price (after subtracting the storage and selling expenses involved) and the Company will hold the Buyer accountable for the excessive expenses as described in the Contract if only the transaction was made in full, cleared funds or charge the Buyer for any occurring loss under the Contract; or Claim for damages by terminating the Contract.
9. The Company reserves the right to discard and/or limit the quantities of any placed order, without any specific reason. In case of a rejection of order, the Company will generally notify you via e-mail on the address you provided while placing the order.
1. It is the right of the Buyer to request for his/her ordered product’s return or exchange within seven (7) days starting from the date of product delivery. All the laws/regulations concerning the general matters of product’s return/exchange will stay in effect as per the terms of the transaction set-forth by the Seller. However, this would be applicable if the Buyer is entitled to request for return/exchange. It is also possible that the Buyer may not be eligible for claiming return/exchange, which occurs in any of the following cases:
1. The product gets damaged after delivery due to Buyer’s fault;
2. Buyer has fully or partially used the Product in such a way that its value Product has been significantly reduced;
3. Due to full/partial/prolonged use of the Product, its value has been reduced to such extent that it is no more resalable;
4. Reproducible Product’s package has been damaged;
5. Miscellaneous reasonable issues that affect the quality of products can disqualify a Buyer from requesting for refund/exchange.
If such a request for refund/exchange has been made by the Buyer, the related consequences are as follows:
• The Seller will be promptly notified by the Company thereof.
• The mandatory expenses involved in the exchange/return on a product for instance, round-trip delivery costs will have to be borne by the concerned party to whom the cause is attributable.
• In case the return invoice number is missing at the time when the return request is made, the proceedings and refunding procedure may be delayed.
• In case the Buyer has requested for exchange but the Seller does not have the required product in stock, it will become impossible to facilitate the exchange and thus, the request shall be handled as Product return.
• All expenditures incurred during the exchange process will be borne by the Buyer except for those expenses where the exchange was claimed due to inherent defect(s) in the Product(s). , In such a case, the Seller will be deemed responsible for round-trip delivery costs of the defective Product(s).
• All the losses sustained or suffered by the Buyer due to the inefficiency of the delivery company, which was appointed by the Seller, will be borne by the Seller.
• If the Seller fails to confirm the order information or conduct the delivery procedure within the pre-determined timespan despite being notified by the Company about the confirmation of payment from the Buyer, the Company reserves the right to cancel the relevant transaction at Buyer’s request. In such a scenario, the transaction/payment amount will be refunded to the Buyer. The Company, however, in accordance to its policy may take certain steps to commence the automatic refund procedure whether the Buyer requests for it or not. If the Buyer does not intend to receive refund, the Company shall be notified beforehand.
• Seller’s failure in dynamic and prompt confirmation and processing of the refund/exchange request made by the Buyer, entitles the Company to cancel the relevant transaction and the amount may be refunded to the Buyer.
• If the Company decides that the Buyer’s return/exchange request is unjustified, such request may be cancelled and the payment in the Company’s custody will be sent to the Seller. Furthermore, if the Buyer does not return the Product, or remains unreachable by any method such as telephone, email, etc., then the Company will wait for fourteen (14) days starting from the date the Buyer registered request for exchange/return. After the said time has elapsed the Company will deem that the request has been withdrawn by the Buyer and the Company may send the payment in its custody to the Seller.
• If the payment transaction confirmed by the Buyer is cancelled, the Company will undertake necessary procedures to refund the amount to the Buyer within two (2) business days. The time will start from the date on which the transaction was cancelled. If the payment has been made via credit card and the transaction has to be cancelled, then the process of payment cancellation approval shall commence immediately.
• Refunding of Products the payment of which has been made by credit card, can only be processed by cancelling the credit card transaction, and cannot be redeemed in cash. However, the delivery charge(s) (if it was bundle delivery) may be made in Cash when the pertinent purchase gets finalized.
• It is the right of a Member to cancel his/her purchased Product prior to its delivery. If the order cancellation request is registered while the Product is being delivered, then the request will be processed according to the rules of return instead of cancellation.
• If a cancellation request is made after the completion of payment process then it will be facilitated immediately.
• If a product/order cancellation request is made while it is being packaged for delivery, then the relevant process shall be commenced immediately. However, if the relevant Product has been dispatched already then the Buyer shall bear the round-trip delivery charges.
The final rates for the available Goods and/or Services will be determined at the time when the Buyer officially orders for the product. The price mentioned on the website excludes packaging and delivery charges, goods and services tax if applicable, value added tax or other taxes. The additional price will be added to the Goods/Service price by the Company and will have to be paid by the Buyer.
11. Terms of Payment
The Company has set out various payment methods and the Buyer will be entitled to make payments accordingly. The Terms and Conditions relevant to every mode of payment have been mentioned already on the website and will be applicable on the Agreement. Some additional terms applicable on specific payment modes are detailed as follows:
11.1 Credit Card
All Buyers can avail Credit Card payment option as the Site accepts all MasterCard and Visa entries whether Credit or Debit. The payment process is 3D secure, MasterCard secure and verified by Visa already. The information of your Credit Card is protected via industry’s leading encryption methods.
Note: Additional charges may be incurred if using a non-Malaysian Credit/Debit card in case of using Foreign Exchange.
11.2 Debit Cards
All Malaysian MasterCard and Visa debit cards are accepted at this website but it is subjected to bank availability. The Debit Card numbers will be protected via industry’s leading encryption methods.
11.3 Online Banking
i. If the Buyer selects this payment method, he/she shall transfer the payment to the Company’s account. The payment will account for the total amount of the purchase, which may be inclusive of any applicable fees, taxes and shipping costs. All the transactions need to be completed in Malaysian currency (Ringgit). The Company, in its sole discretion, reserves the right to refuse this payment service to any registered/un-registered user without notice or provision of any reason.
ii. We accept online bank transfers from all leading banks including AmBank, Bank Islam, CIMB Bank, Hong Leong, Maybank, Public Bank, RHB.
The Company reserves the right to terminate the Terms and Conditions or revoke any/all of your rights granted under the Terms and Conditions without prior notice in addition to the available legal or equitable remedies. If we terminate this agreement, you will not be allowed to access or use the site as the account identification and password issues to the user will immediately be revoked. You may be denied access/use of the Site’s services in part or entirely. However, such a termination of Agreement will not affect the obligations and respective rights of the parties (including payment obligations) that arose before the termination date. You also agree that the Company is not liable to you or any other person in case of termination or suspension. If you are not satisfied with the Site or any of its terms/conditions/policies/rules/guidelines/practices, then the only possible remedy is to stop using the Site.
Houseguru.my is owned and operated under Rumahku Marketing, Products listed on houseguru.my operated by Rumahku marketing are registered by seller. Hence, Rumahku Marketing is not responsible for the product details.
1. TRADEMARKS AND COPYRIGHTS