Terms and Conditions of Sales and Purchases of
These terms and conditions govern the conduct of the sale and purchase between the user who is desirous to purchase goods provided in this http://aerobeans.com website ("the Site") and sale of goods through the Site by AEROBEANS.
1.1 All prices of any of the products displayed on the Site ("the Products") are shown in Ringgit Malaysia (RM). The prices stated in the Site, shall be the purchase price for the Products displayed therein, unless otherwise advised. For Products pertaining to shopping agent services, the purchase price shall be the "Subtotal Ringgit Malaysia (RM)" converted and populated automatically by system based on the original item price and other miscelleneous charges associated with the item in foreign currency (RMB Chinese Yuan) input by you in the electronic form, and the latest Forex Rates. You can find more information about forex conversions in our Forex Policy. You shall be charged according to the prices stated in the Site and such other miscellaneous charges such as delivery fees, administrative charges and service charges (if any) unless otherwise expressly stated.
1.2 AEROBEANS reserves the right to vary the price of any of the Products or any prices provided on the Site without any prior notice. You may verify the prices of the Products with us from time to time before you place the order.
1.3 In the event of any technical error on the prices of the Products, AEROBEANS shall, upon receipt of your order, inform you through e-mail or telecommunication of the actual price of the Products as soon as possible.
1.4 Thereafter, you shall be able to either confirm your placement of order based on the actual price or cancel your placement of order within three (3) days from the date of our notification. In the event AEROBEANS does not receive your response or confirmation within three (3) days from the date of our notification, AEROBEANS shall cancel your order accordingly without any further notice to you. AEROBEANS assumes no liability for any direct, incidental or consequential loss due to the cancellation of your placement of order. In the event you choose to cancel the order, we shall refund the payment to you in accordance with our Replace and Refund Policy provided below if you have made payments for the Products.
2. AVAILABILITY OF GOODS
2.1 All the purchases which are to be made by you on the Site shall subject to the availability of the Products. In the event the Products that you ordered are not available, we shall notify you for any non-availability of the Products and seek your further instruction on the same. In the event you do not reply our e-mail or telecommunication within five (5) days from the date of such notification, we shall have the absolute discretion to cancel the entire transaction and refund the total purchase price made by you in full in due course. AEROBEANS assumes no liability for any direct, incidental or consequential loss due to the cancellation of the order.
3.1 The 'checkout' stage sets out the final details of your placement of order. As a result, AEROBEANS shall send to you an acknowledgement in the form of an e-mail pertaining to the Products you have ordered. Nonetheless this acknowledgement shall not be treated as a confirmation of your placement of order or an acceptance of your placement of order from AEROBEANS. If you do not receive the aforesaid confirmation pertaining to your order, please contact our customer service at email@example.com.
3.2 Any transaction or contract between you and AEROBEANS shall be concluded where we shall discharge our obligation, once the courier service company has collected the Products from AEROBEANS. Thus we shall not be held responsible or liable for any damage or lost occurred after the aforesaid collection of Products.
3.3 Upon your acceptance of the Products by executing the release form provided by the courier service company upon delivery of Products to the address provided by you, the agreement between AEROBEANS and you shall be concluded and you shall be deemed to be satisfied with the conditions of the Products. There shall not be any replacement or return of Products upon your acceptance of the Products.
4. DELIVERY & SHIPPING POLICY
4.1 This website shall only be used for delivery of the Products to customers in Malaysia.
4.2 AEROBEANS shall deliver all the Products ordered or purchased by the courier service company of its choice. It shall be deemed that you agree for AEROBEANS to ship or deliver the Products with the courier service company of our choice upon your payment for the Products which you have ordered through the Site.
4.3 AEROBEANS shall deliver the Products within twenty-one (21) working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, from the date of receipt of your placement of order unless and until otherwise informed or advised by AEROBEANS.
4.4 AEROBEANS shall not provide any insurance coverage for the delivery of the Products as the insurance coverage shall be provided by the courier service company instead.
4.5 AEROBEANS shall not be held responsible for any damage or lost of the Products during the process of shipment or delivery. The risk of loss of Products shall pass to the courier service company from the date of collection of Products by the courier service company until the date of the actual delivery by the courier service company to you and thereafter the title of the Products shall pass to you.
4.6 A delivery charge shall be imposed on you in accordance with the amount as stated in the Site at the Delivery Info section. The delivery charges shall be included in your payment for the Products and the delivery charges are subject to changes.
4.7 AEROBEANS shall not refund the Delivery Charge once the Products have been delivered to you or collected by the courier service company from AEROBEANS. If you cancel the purchase of the Products after you have made payment for the Products, your Delivery Charge will be refunded in full. If you have paid excess for Delivery Charge, the excess payment will be refunded to you.
4.8 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, AEROBEANS shall not be held responsible to re-deliver the Products back to the original seller and your payment is therefore not refundable.
4.9 AEROBEANS reserves the right to alter or amend the delivery times. All delivery times quoted shall subject to stock availability and delivery location. AEROBEANS shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
4.10 If you are not able to receive your delivery, you shall contact us at least one (1) day before the agreed delivery date and AEROBEANS shall arrange for another date of delivery for you. If the Products have been despatched according to the address provided by you, you shall bear all the costs for the redelivery of the Products, if you wish the Products to be redelivered to another place as directed by you.
4.11 Both AEROBEANS and the courier service company agreed that the Products shall only be sent to the stated consignee, and the release form shall only be executed by the said consignee unless the said consignee and AEROBEANS agree that the courier service company shall deliver the Products to a third party located in Malaysia only.
4.12 You shall indemnify AEROBEANS for the lost of Products in the event you grant permission to the courier service company to release the Products to a third party without AEROBEANS's consent.
5. REPLACE AND REFUND POLICY
5.1 Prior to any payment made, in the event you cancel your placement of order or AEROBEANS does not receive your placement of order due to, including but not limited to, any technical error or failure of the Site, there shall not be an agreement concluded between AEROBEANS and you and thus AEROBEANS shall not proceed with your placement of order. AEROBEANS assumes no liability for any direct, incidental or consequential loss due to the cancellation or non-reception of the placement of order.
5.2 In the event you have made payment for the Products but prior to ordering from the original seller and prior to the delivery of the Products by the courier service company, you shall not be entitled to cancel your order and seek any refund from AEROBEANS unless the item you wish to purchase is out-of-stock or an air freight restricted item.
5.3 In the event you have paid for the Products and the order has been placed with the original seller and the Products have been delivered to you by the courier service company and you have executed the release form, you shall not be entitled to cancel your order and seek any refund or replacement from AEROBEANS.
5.5 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, AEROBEANS shall not be held responsible to re-deliver the Products back to the original seller and your payment is therefore not refundable.
6.1 AEROBEANS currently only accepts credit card (VISA, MASTERCARD, DISCOVER and AMERICAN EXPRESS) and PayPal payment through its website, and offline payment through bank transfer, direct deposit and Cheque. AEROBEANS does not accept any payment of cash upon delivery of the Products.
6.2 If you choose to pay online, you are required to make payment to AEROBEANS from the secured PayPal online payment gateway redirected from http://aerobeans.com. The Payee named at the PayPal secured page shall be “Aerobeans Management”. AEROBEANS assumes no liability for any online payment made through the said secured PayPal online payment gateway and/or outside of the http://aerobeans.com website.
6.3 You will receive a confirmation upon your payment of your placement of order. If you do not receive any such confirmation, please contact our Billing Department at firstname.lastname@example.org.
6.4 If you choose to pay offline, you are required to make payment to AEROBEANS through the payee listed at the “checkout” page and at your order confirmation email. In the event we do not receive your payment or the cheque is not cleared within seven (7) days from the date of the order placement, we shall have the absolute discretion to cancel the entire transaction.
7.1 AEROBEANS may revise or amend any of these Terms and Conditions or any part hereof from time to time without any further notice to you.
8. THE SITES CONTENTS
8.1 All materials displayed on the Site shall be controlled by AEROBEANS and/or shall belong to AEROBEANS and our rights and interests in relation thereto shall at all times be protected under the laws of copyright and such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.
8.2 AEROBEANS reserves the rights to amend, alter or remove any parts of the contents or materials of the Site or delete any features thereof, for any reasons at any time, without any prior notice and liability.
9.1 You shall indemnify us for and against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
• any claim by any third party that the use of the Site is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Site infringes any third party's copyright or other intellectual property rights of whatsoever nature;
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site; and
• breach of any of the terms and conditions contained herein.
10. LIMITATION OF LIABILITY
10.1 AEROBEANS assumes no liability for any representation or statement made on the description, the quality or fitness for any particular purpose and of merchantable quality of any of the Products displayed at the Site and the original Seller’s site. The Products displayed on the Site and the original Seller’s Site may vary from the actual Products including but not limited to the size, colour, shape, usage and weight ("the Attributes") of the Products. AEROBEANS shall not be responsible or liable for any losses, damages, costs and expenses suffered or incurred by you due to any difference of the Attributes of the actual Products delivered to you from the description of the Attributes of Products provided in the Site or the original Seller’s Site.
10.2 AEROBEANS assumes no liability for the availability of the Products listed on the Site and the original Seller’s Site as it depends on the availability of the Products. In the event the Products ordered by you are not available, AEROBEANS shall inform you of the unavailability of the Products either through e-mail or telecommunication.
10.3 AEROBEANS assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or services including any delay in the delivery of the Products purchased through the Site.
10.4 AEROBEANS assumes no liability for any utilization of the site including but not limited to any direct, incidental or consequential loss or damages of whatsoever nature.
10.5 AEROBEANS assumes no liability for the availability of the Products for sale, nor does it assume liability that the price of the products shall remain unchanged.
11. EXCLUSION PROVISION
11.1 All representations, warranties, descriptions or statements of the Products made on the Site are only for reference only. AEROBEANS shall not be liable for any losses, damages, costs, suits or any legal proceedings howsoever arise due to any representation, warranties, description or statements herein contained or made.
12. FORCE MAJEURE
12.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by any conditions which are beyond the control of the parties hereto including, but not limited to Acts of God, Government's orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the parties whose performance is affected.
12.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for the delay in the payment of money due and payable hereunder) to the extent that the said failures or delays are caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance or obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the causes relied upon. Dates by which performance or obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any failure or delay so caused.
13. APPLICABLE LAW
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.
14. EXPIRY DATE ON CARD PAYMENT
14.1 You shall ensure that the expiry date of your card shall only take place after the anticipated dispatch date of your order. Payment is taken at the point of dispatch for goods and in the event that the payment card has expired we shall not be able to take payment and fulfill your order.