These Terms and Conditions of Sale (“Terms”) apply to your purchases as a consumer, on https://shop.vivo.com/my (“Platform”) and the contract you enter into with Vtalent Business Sdn. Bhd., a company incorporated under the law of Malaysia, having its registered office at No. 7F-1, 7th Floor, Tower 4 @ PFCC, Jalan Puteri 1/2, Bandar Puteri, 47100 Puchong, Selangor, Malaysia under registration number 201501040956(1166276-K) (hereinafter referred to as “we”, “us”, or “our”)  for your Home Delivery purchases on the Platform. If you have any query, you can contact us at 1800 81 2836 or write to us at vivoservice@my.vivo.com

Please read these Terms carefully so that you are aware of your rights and obligations. You can save or print these Terms for your future reference. We shall also save the text of the entire contract and make it available to you upon your request.

1 YOUR CONTRACT WITH US

1.1 Please follow the instruction on this Platform to place an order. Each order is a binding offer by you to buy the goods specified in the order (“Product”) subject to these Terms.

1.2 Contracts will only be entered into through this Platform and upon your acceptance of these Terms.

1.3 By clicking the purchase button, you are placing a binding order for the Products in your shopping cart (“Offer”). Shortly after we have received your Offer, we will email you an order confirmation. The order confirmation email does not signify our acceptance of your Offer, but merely confirms that we have received your Offer. Once we have processed your order and prepared it for shipping, we will send you an email stating that we have accepted your order, which will include the shipment details (“Acceptance”). The contract between you and us will only be formed when we send you the Acceptance (“Contract”) for Home Delivery purchase.

Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made to us for the order of the Product. we may in its discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your order first).

If you select “Shipment by Retails Partners” option available for certain Products, you acknowledges, understands and agrees that all related orders, purchases and transactions on this Platform are between you and Partner and agree to the separate terms and conditions under the relevant Activity Rules. The Partners are solely responsible for the Products sold to you and you shall have no other cause of action or claim against us under this Platform or in connection with the order, purchase or transaction through this Platform. Please contact the Partner selected directly if you have any question relating to the Products ordered or purchased on this Platform through “Shipment by Retails Partners” option.

1.4 Your contract with us will solely be concluded in Malaysia.

1.5 You have to be 18 years of age and above and possess a valid credit or debit card issued by a bank acceptable to us to place an Order.

1.6 Due to different technical characteristics and color setting of monitors, the color of the product may differ from that shown on the Platform.

1.7 we reserve the right to make changes to this Terms, in connection with which you undertakes to independently monitor the presence of changes in the Terms posted on the Platform from time to time.

2 PRICES AND PAYMENT

2.1 Each order must be paid within two (24) hours by payment methods offered on this Platform after making an Order, otherwise the said order will be cancelled. The supported payment methods include Credit Card/Debit Card, Online Banking (FPX),E-Wallet (Boost, GrabPay Grabpaylater, MCash, Shopeepay, Tngo) Public bank (Installment), Maybank Visa/MasterCard (Installment), Maybank AMEX (Installment) and. For Online Banking (FPX) method, you may choose bank from the supported list including Maybank2U, CIMB Clicks, Public Bank, Am Online, Hong Leong Bank, HSBC Bank, OCBC Bank, UOB Bank, BSN, Standard Chartered, RHB Bank, Affin Bank, Alliance Bank, Kuwait Finance House, Bank Muamalat, Bank Islam, Bank Rakyat. Any refunds to you will be made to the same card or through the same payment method you used when making the original payment, except when you choose “Shipment by Retails Partners” for your purchase.

2.2 If you select “Shipment by Retails Partners” option, any payment paid by you for the order or purchase of Product from the Platform are collected on behalf of the Partner. Any payment made to the Partner for Product on the Platform will not be refunded by us. If you require any clarification, assistance or refund regarding payment made or Products ordered from the Platform through “Shipment by Retails Partners” option, you shall contact the selected Store Partner directly.

2.3 Unless otherwise stated on this Platform or during the order process, you are solely liable for payment of any fees charged by your bank, card issuing company or other provider of your selected payment option. You warrant that all details you provide to us for the purpose of purchasing the Product from the Platform will be correct, that the credit/debit card, or account or other payment method which you use is 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.

2.4 Products will only be shipped after our verification of your payment. We are not obliged to ship any Product before we have received the full payment for the Product.

2.5 The price of our Product is listed on the Platform. Unless otherwise stipulated on this Platform and / or in the order process, the applicable taxes (as required by the applicable laws of Malaysia), delivery charges and administration charges are included in the final price payable for the Products. Any charges or fees that will be added to the Product price will be visible to you during the order process and before you place the order.

2.6 All prices and information on this Platform are intended to be accurate and complete; however, in certain situations pricing and other errors may occur. You shall have no right to rely upon a price that is obviously or materially lower than the prevailing retail price for that product or service. In the event that our published price for a product or service is obviously or materially lower than the prevailing retail price due to our pricing error, we have no obligation to sell at that price and shall be entitled to cancel the contract with you before shipment and delivery.

2.7 ADDITIONAL TERMS AND CONDITIONS FOR INSTALMENT PAYMENT PLAN

i. Customer making payment for Product by means of a credit card issued by Public Bank Berhad , Malayan Banking Berhad (Maybank) or such other instalment payment partner banks which we may update on the Platform from time to time is entitled to apply for the six (6) months or twelve (12) months instalment payment plan (“Eligible Customer(s)”). Instalment payment plan is not available for purchase through Shipment by Retails Partners option.

ii. Minimum Purchase Requirement: -

For Public Bank Credit Cards:
Only Eligible Customer making minimum purchase of RM500.00 (in a single transaction) will be able to apply to make payment for the Product by means of six (6) months or twelve (12) months Instalment Plan, using Public Bank Credit Card.

For Maybank Credit Cards:
a) Only Eligible Customer making minimum purchase of RM500.00 (in a single transaction) will be able to apply to make payment for the Product by means of six (6) months Instalment Plan, using Maybank Credit Card.
b) Only Eligible Customer making minimum purchase of RM1000.00 (in a single transaction) will be able to apply to make payment for the Product by means of twelve (12) months Instalment Plan, using Maybank Credit Card.

Minimum purchases required for the Instalment Plan of different credit cards are summarised below: -

iii. An approval for a Credit Card Instalments transaction is subject to the Eligible Customer’s available balance and credit availability on his/her credit card account.

iv. When an Eligible Customer makes an application for the payment of Product via Credit Card Instalments and upon approval of the application by issue bank, as provided above, the Eligible Customer’s bank will debit the Eligible Customer’s credit card account with the instalment payable monthly, for the duration stipulated. The Eligible Customer’s available credit limit will be provisionally reduced by earmarking an amount, equivalent to the amount of the total purchase price for the relevant Product, which will not be available to Eligible Customer for the duration of the instalment payments. However, the credit limit will progressively restore on a monthly basis as repayment of each instalment amount is made monthly.

v. In the event of cancellation of the Eligible Customer’s credit card account, any unpaid portion of the purchase price of the relevant purchased Product will become immediately due and payable.

vi. To the maximum extent permissible by laws, where an Eligible Customer chooses to make payment for purchase of Product via Credit Card Instalments, the Eligible Customer will no longer be allowed to return any Product purchased or request for a refund, unless it is damaged to which the Product shall be replaced subject to our standard warranty policy. Such replacement will not affect or interrupt the Credit Card Instalments.

3 RETURN

3.1 We will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that we are informed about such discrepancies from the date of receipt of the product and provided that the products are returned in their original condition. In case of physical damage of a product we would require a photo to be emailed to support.my@vivo.com in mentioning your order number. FOR THE AVOIDANCE OF DOUBT, we WOULD NOT ACCEPT ANY RETURN SOLELY DUE TO YOUR CHANGE OF MIND.

4 DELIVERY

4.1 The costs of delivery or the threshold for free delivery will be as displayed to you on our Platform. The process of delivery will take 3-5 working days upon payment made successfully.

4.2 By accepting this Terms, you confirm your consent and allow us to disclose and transfer your phone number and other needed information to the Courier Service for making calls or sending SMS messages for the purpose of delivering goods. Confirmation of delivery is made by phone, email or via SMS.

4.3 Your failure to accept the Product may be considered by us as your refusal to accept the goods. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the Courier Service, we may (without affecting any other right or remedy available to us) i) charge you for reasonable storage fee and other costs reasonably incurred by us and/or or ii) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the Contract, in which case we will refund to you or your credit/debit card company as applicable any money already paid to us under the applicable Contract, less reasonable administration charges (including for attempting to deliver and then returning the Product).

4.4 If it is not possible for us to ship the products within the delivery period mentioned on our Platform or order confirmation, we will inform you thereof and allow you to terminate the Contract, in which case any payment made to us will be refunded. Your other rights and remedies remain unaffected. The delivery time indicated on the Platform is only an estimate which we accept but we cannot guarantee any firm delivery dates. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any late delivery.

4.5 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You shall keep receipt of the delivered Product in case of future discussions or dispute with us about it.

4.6 The risk of loss of or damage to the Products will pass to you when the Products are delivered to the address designated in the Contract. If delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or damage of the Product.

4.7 We do not support cross-border delivery. Your order can only be delivered to address within Malaysia.

5 OUR WARRANTY POLICY

5.1 We voluntarily offers a commercial warranty in respect of Products based subject to standard Warranty Policy terms. For more detail, please refer to our Warranty Policy. You can also refer to the information contained in your packaging box.

5.2 Our Warranty Policy is separate and in addition to the legal rights of you as a consumer under applicable laws governing the sale of consumer goods and to any rights of the consumer against the original retail seller of the product and, therefore, does not affect, change or replace such rights.

6 DEPOSIT

As a registered user, you may be offered the option of making a pre-payment (“deposit”) online on the occasion of a pre-order in relation to certain products and bundles before they’re in stock. The deposit may be in full or form part of the total purchase price. In some cases, it is possible to benefit from an additional promotion by paying a deposit during a pre-order, the terms of such additional promotion will be introduced in the product detail page of the Platform. After completing the payment of the total price of the product displayed on the Platform (hereinafter the “balance”) by the due date required, we will process your order when the product becomes available.

Before you complete payment of the total purchase price, either you or we may cancel your order and any amount you have paid will be refunded.

If any payment is not completed within the required time period, we will cancel your order and any amount you have paid will be refunded.

Please note that the deposit does not guarantee availability of the product on a specified date. If you have paid the balance but your shipment is delayed, we will inform you and you can choose to cancel the order or accept a new shipment date.

7 COMPLAINTS

If you have a complaint about the performance of the Contract or other services we provide in relation to the Products you purchased, you may contact us through vivoservice@my.vivo.com

8 SITUATIONS OUT OF OUR CONTROL

We shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons:

• system shut-down for maintenance;

• inability to transmit data due to failures in communications terminals or telecommunications equipment;

• systems failure and inability to perform its functions due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labor strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or

• suspension or delay of services or systems failure due to reasons beyond the reasonable control of us such as hacker or cyber-attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

9 LIMITATION OF LIABILITY

9.1 Under no circumstance will we be liable to you for any indirect, incidental, consequential, or punitive damages, regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if  we have been advised of the possibility of such damages.

9.2 Our total liability against you, whether in contract, tort (including but not limited to negligence), product liability or otherwise, arising in connection with the purchase of the Product through this Platform, shall not exceed ten percent (10%) of the purchase price of Order you paid and actually received by us.

10 EXPORT

10.1 The products are manufactured according to specifications and intended for use in Malaysia.

10.2 The Contract and all products are subject to applicable export control laws, including the export control laws of the USA. You may not export any product purchased from us to any country outside Malaysia if prohibited by export control laws. If you plan to export (including to bring outside Malaysia) any product purchased from us to another country, you must obtain the required export licenses (or other government approvals) prior to doing so.

11 SEVERABILITY

If any court or relevant authority decides that any of these Terms or the Contract are unlawful or invalid, the remaining paragraphs will remain in full force and effect.

12 GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be exclusively governed by law of Malaysia. However, nothing in these Terms shall deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the applicable laws. Courts of Malaysia shall have exclusive jurisdiction on these Terms.