- Use of the Platform and/or Services
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform 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 Platform 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. Murah Kitchen Marketplace 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.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
- Trademarks and Copyrights
3.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform 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 (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
- Our limitation of responsibility and liability
4.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Murah Kitchen Marketplace of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
4.2 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions:
“Buyer” means the person who purchases Goods on the Platform;
“Conditions” mean these Terms and Conditions of Sale;
“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;
“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;
“Murah Kitchen Marketplace” means Ping Edge Sdn. Bhd. (Company No.: 1146477-W), a company incorporated in Malaysia and having its registered address at Lot 3210, Jalan Balakong, Kawasan Perindustrian Kampung Baru Balakong, 43300 Seri Kembangan, Selangor;
“Murah Kitchen Marketplace Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;
“Platform” means the https://murahkitchen.my website;
“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third Party Vendor. Murah Kitchen Marketplace may also be a “Seller” for selected Goods;
“Services” means the use of any services, information and functions made available by Murah Kitchen Marketplace at the Platform;
“Third Party Vendor” means a seller which, with Murah Kitchen Marketplace’s permission, uses the Platform and/or Services to sell Goods to the Buyers, and excludes Murah Kitchen Marketplace; and
“Writing” includes electronic mail facsimile transmission and any comparable means of communication.
1.2 Any references to “Kitchen Arena Marketplace” in these Conditions refer to both Murah Kitchen Marketplace’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third Party Vendors as Sellers in respect of each and every Contract.
1.3 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.
- Basis of the Contract
2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Murah Kitchen Marketplace or a Third Party Vendor, may be stated on the webpage listing such Goods.
2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Murah Kitchen Marketplace and Murah Kitchen Marketplace has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Murah Kitchen Marketplace. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third Party Vendor and the said Third Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third Party Vendor. Where the Contract is entered into directly between the Buyer and a Third Party Vendor, Murah Kitchen Marketplace is not a party to the Contract or any other Contract between the Buyer and Third Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.
2.3 Any information made available on the Platform in 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 or any information disclosed by Third Party Vendors through the chat system 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 so provided.
2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Murah Kitchen Marketplace nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.
2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Murah Kitchen Marketplace in its website shall be subject to correction without any liability on the part of Murah Kitchen Marketplace.
- Orders and Specifications
3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Murah Kitchen Marketplace shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which Murah Kitchen Marketplace shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.
4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Murah Kitchen Marketplace in addition to the price, but it excludes the delivery charges.
4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which Murah Kitchen Marketplace shall, on behalf of Seller (where Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving three days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged to Buyer.
- Terms of Payment
5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to Murah Kitchen Marketplace, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Murah Kitchen Marketplace is entitled to collect payments from Buyer on behalf of Third Party Vendors.
6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
6.2 Murah Kitchen Marketplace 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 and delays may occur. The time for delivery/performance shall not be of the essence, and Murah Kitchen Marketplace shall not be liable for any delay in delivery or performance howsoever caused.
- Delivery of Goods
7.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.
7.2 Murah Kitchen Marketplace 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.
7.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and Murah Kitchen Marketplace shall not be liable for any delay in delivery or performance howsoever caused.
7.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Murah Kitchen Marketplace, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Murah Kitchen Marketplace fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.
- Return, Refund and Replacement of Goods
8.1 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Murah Kitchen Marketplace or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to Murah Kitchen Marketplace or Seller within 7 or 14 calendar days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Murah Kitchen Marketplace or Seller within 48 hours of receiving the delivery to expedite the claim process.
8.2 Buyer may only apply for return of the purchased Goods in the following circumstances:
8.2.1 the Goods delivered to Buyer is defective and/or damaged on delivery;
8.2.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from overseas Sellers);
8.2.3 the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;
8.2.4 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colour, etc.) stipulated in the order;
8.2.5 Buyer has a change of mind with regard to the Goods; and
8.2.6 such other circumstances which may be prescribed by Murah Kitchen Marketplace on the Platform.
- Risk and property of the Goods
9.1 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 Murah Kitchen Marketplace has tendered delivery of the Goods.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Murah Kitchen Marketplace 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 Seller to the Buyer for which payment is then due.
9.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Murah Kitchen Marketplace’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.
9.4 The Buyer agrees with Murah Kitchen Marketplace that the Buyer shall immediately notify Murah Kitchen Marketplace of any matter from time to time affecting Murah Kitchen Marketplace’s title to the Goods and the Buyer shall provide Murah Kitchen Marketplace with any information relating to the Goods as Murah Kitchen Marketplace may require from time to time.
9.5 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), Murah Kitchen Marketplace shall be entitled at any time to demand the Buyer to deliver up the Goods to Murah Kitchen Marketplace and in the event of non-compliance Murah Kitchen Marketplace reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.
9.6 The Buyer shall indemnify Murah Kitchen Marketplace against all loss damages costs expenses and legal fees incurred by the Buyer in connection with the assertion and enforcement of Murah Kitchen Marketplace’s rights under this condition.
10.1 In no event shall Murah Kitchen Marketplace be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Murah Kitchen Marketplace had been advised by the Buyer of the possibility of incurring the same.