Welcome to the www.iGudang.com website (the "Site").
iGudang is The Warehouse Revolution Sdn Bhd, a company incorporated in Malaysia under registration number 1236046-T and having its registered address at No. 5-1, Jalan Desa, Taman Desa, off Jalan Klang Lama, 58100 Kuala Lumpur, Malaysia.
By accessing or using the Site, and other services, or applications including mobile applications made available by iGudang, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use the Site.
The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time without any notice provided.
Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
In order to use the Site, you need to be 18 years old and above.
USE OF THE SITE
You may use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site.
Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without any notice to you.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account.
The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any submissions, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions.
ORDER ACCEPTANCE AND PRICING
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, which includes but not limited to phone number and address, before we accept the order.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order.
In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors (if any).
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Government of Malaysia to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies or guidelines, please discontinue using the Site.
1.1 In these Terms:
"Buyer" means the person who accepts a quotation of iGudang for the supply of Goods or who otherwise enters into a contract for the supply of Goods with iGudang;
"Terms" mean the general terms and conditions set out in this document and/or any special terms and conditions agreed in writing between the Buyer and iGudang;
"Customer" means any individual who places an Order on the Site;
"Order" means the Order submitted by you to the Site to purchase a Product from us;
"You" means the Customer who places an Order;
"Contract" means the contract for the purchase and sale of Goods;
"Goods" means the goods which iGudang is to supply in accordance with a Contract;
"Writing" includes electronic mail facsimile transmission and any comparable means of communication.
“iGudang” means The Warehouse Revolution Sdn Bhd, a company incorporated in Malaysia under registration number 1236046-T and having its registered address at No. 5-1, Jalan Desa, Taman Desa, off Jalan Klang Lama, 58100 Kuala Lumpur, Malaysia.
1.2 Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended re-enacted or extended at the relevant time.
1.3 The headings in these Terms are for convenience only and shall not affect the interpretation of any parties.
2. Basis of the Contract
2.1 The supply of Goods by iGudang to the Buyer under any Contract shall be subjected to these Terms which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom practice or course of dealing.
2.2 Any information made available in iGudang’s website connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs, are not binding and for information purposes only. In entering into the Contract, the Buyer acknowledges that it does not rely on and waives any claim based on any such representations or information not so confirmed.
2.3 No variation to these Terms shall be binding unless agreed in writing between the authorized representatives of the Buyer and iGudang.
2.4 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by iGudang in its website shall be subject to correction without any liability on the part of iGudang.
2.5 iGudang may provide Buyer with electronic documents such as invoice, tax invoice, receipt, credit note, debit note, or any other documents.
3. Orders and Specifications
3.1 Order acceptance and completion of the contract between the Buyer and iGudang will only be completed upon iGudang issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, iGudang shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issue of the confirmation of dispatch. iGudang shall furthermore be entitled to require the Buyer to furnish iGudang with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.
3.2 No concluded Contract may be modified or cancelled by the Buyer except with the agreement in writing of iGudang and on terms that the Buyer shall indemnify iGudang in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges, and expenses incurred by iGudang as a result of the modification or cancellation, as the case may be.
The price of the Goods and/or Services shall be the price stated in iGudang’s website at the time which the Buyer makes its offer purchase to iGudang. The price excludes the cost of packaging and delivery charges, any applicable goods and services tax, value added tax or similar tax which the Buyer shall be liable to pay to iGudang in addition to the price.
5. Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in iGudang’s website. The terms and conditions applicable to each type of payment, as contained in iGudang's website, shall be applicable to the Contract.
5.2 In addition to any additional terms contained in iGudang’s website, the following terms shall also apply to the following types of payment:
5.2.1 Credit Card
Credit Card payment option is available for all Buyers. iGudang accepts all Visa and MasterCards, both Credit and Debit. All your credit card information is protected by means of industry- leading encryption standards.
Please take note that additional charges may be incurred if you are using a non-Malaysian issues card due to Foreign Exchange.
5.2.2 Debit Cards
iGudang accepts all Malaysian Visa and MasterCard debit cards where subject to bank availability. All debit card numbers shall be protected by means of industry-leading encryption standards.
5.2.3 Online Banking
i. By choosing this payment method, the Buyer shall transfer the payment for the Goods to a iGudang’s account for the total amount of the Buyer’s purchase (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. iGudang, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
ii. For the time being, iGudang accepts online bank transfers from AmBank, Bank Islam, Bank Rakyat, OCBC Bank, CIMB, Hong Leong, Maybank, Public Bank, RHB, HSBC, BSN, Kuwait Finance House, Alliance Bank, Standard Chartered Bank, Bank Muamalat, Affin Bank, UOB.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 iGudang has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.
6.3 Any dates quoted for delivery of the Goods are approximate only. The time for delivery/performance shall not be of the essence, and iGudang shall not be liable for any delay in delivery or performance howsoever caused.
6.4 If iGudang has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall be entitled, by serving written notice on iGudang, to demand performance within a specified time thereafter, which shall be at least 14 days. If iGudang fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract in respect of the undelivered Goods and claim compensation for actual loss and expense sustained as a result of iGudang’s non-performance, which was foreseeable at the time of conclusion of the Contract.
6.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of iGudang's fault) then without prejudice to any other right or remedy available to iGudang, iGudang may:
6.5.1 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or
6.5.2 terminate the Contract and claim damages.
7. Risk and Property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when iGudang has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Terms the property in the Goods shall not pass to the Buyer until iGudang has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by iGudang to the Buyer for which payment is then due.
7.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as iGudang's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
7.4 The Buyer agrees with iGudang that the Buyer shall immediately notify iGudang of any matter from time to time affecting iGudang’s title to the Goods and the Buyer shall provide iGudang with any information relating to the Goods as iGudang may require from time to time.
7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) iGudang shall be entitled at any time to demand the Buyer to deliver up the Goods to iGudang and in the event of non-compliance iGudang reserves it’s right to take legal action against the Buyer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of iGudang but if the Buyer does so all moneys owing by the Buyer to iGudang shall (without prejudice to any other right or remedy of iGudang) forthwith become due and payable.
7.7 If the provisions in this Condition 7 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Buyer shall take all steps necessary to give effect to the same.
7.8 The Buyer shall indemnify iGudang against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of iGudang's rights under this condition.
8.Force Majeure (Circumstances Beyond Our Control)
8.1 iGudang shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of iGudang's obligations if the delay or failure was due to any cause beyond iGudang's reasonable control as the following:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
8.1.4 import or export regulations or embargoes;
8.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of iGudang or of a third party);
8.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
8.1.7 power failure or breakdown in machinery.
8.2 Upon the happening of any one of the events set out in Condition 8.1 iGudang may at its option:
8.2.1 fully or partially suspend delivery/performance while such event or circumstances continues;
8.2.2 terminate any Contract so affected with immediate effect by written notice to the Buyer and iGudang shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
With this, you hereby agree to indemnify and hold harmless iGudang, employees, directors, affiliates, technology partners, consultants from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from the use of this Site and/or your breach of this Terms and Conditions.
Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed, if to iGudang, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant offer to purchase.
11. Liability Disclaimer
11.1 Please note that there will be no guarantees or warranties to accuracy of the content displayed on this Site. iGudang shall not be liable for any damages whatsoever, which include but with no limitation to incidental damages (direct or indirect), or damages for loss of data, profits, use or other indefinable damage to reputation or goodwill, arising out of or related to the use, inability to use, performance or failures of this Site.
11.2 In addition, there will be nothing in these Terms and Conditions shall exclude iGudang’s Liability for death or personal injury arising from its misrepresentation and negligence or any other Liability which cannot be excluded or limited under the applicable law.
12. Personal Data Protection
13.1 The Contract shall be governed by the laws of Malaysia and the Buyer agrees to submit to the non-exclusive jurisdiction of the Courts in Malaysia.
13.2 Gudang shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or other equitable relief.
13.3 iGudang reserves their right to these terms and conditions of sale at any time.