Terms of Sale

Terms of Sale

These terms (together with our Privacy Policy, Website Terms of Use, Return Policy, and Shipping Policy, collectively referred to as “Terms”) will apply to any contract between us for the online sale of Products to you through this Website  (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in Clause7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on April 1st, 2016.

These Terms, and any Contract between us, are only in the English language (except for the Privacy Policy which we also provide in Malaysian language).

1. Definitions

1.1 In the Terms, the following words shall have the meanings set out below:

(a) “Brother”, “we” or “our” meansBrother International (Malaysia) Sdn. Bhd.

(b) “Contract” means a contract agreed by you and Brother on the sale or supply of Products pursuant to the Terms.

(c) “Personal Data” has the meaning given in our Privacy Policy.

(d) “Products” means any products or goods offered for sale on this Website from Brother, including but not limited to, any accessories, supplies, parts, multi-function centres, printers, facsimile machines, sewing machines, and other products and services.

(e) “Standard Warranty” means Brother’s limited warranties set forth in this Website or located in a separate insert in the packaging of each Product.

(f) “Website” means this website at <https://estore.brother.com.my/>.

(g) “You” means you or any customers who order Products through this Website from Brother.

2. Information about us

2.1 We, the seller of the goods on this Website is Brother International (Malaysia) Sdn.Bhd., a company registered in Malaysiawithregistration number 529739-H whose registered office is at Unit T1-L5, Level 5, Tower 1, Jaya 33, No.3, Jalan Semangat, Seksyen 13, 46200 Petaling Jaya, Selangor Darul Ehsan, Malaysia.

2.2 For any service or support queries, please complete and submit to us through the form that can be found at Contact Us.  We will use our best endeavours to revert to you shortly within 2 working days.

3. Our Products

3.1 The respective details of the Products (including its description, price, fees, charges, and taxes (if any) payable for the Product) are set out in our Website.

3.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. If accessories and/or furnishings are included in the images of the Products, such accessories and/or furnishings are for illustrative purposes only and shall not be included as part of the Product.

3.3 Although we have made every effort to display the sizes, weights, capacities, dimensions and measurements of the Products accurately, please note that the actual Products may vary slightly from those descriptions.

3.4 The packaging of the Products may vary from that shown on images on our site.

4. Use of our site

4.1 Your use of our site is governed by Terms of Use. Please take the time to read these, as they include important terms which apply to you.

4.2 You may only purchase Products from our site if you are at least 18 years old.

5. How we use your personal information

We only use your Personal Data in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

6. Order Confirmation/Acceptance

6.1 Our shopping pages will guide you through the steps you need to take to place an order with us.  Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.2 After you place an order, you will receive an e-mail of invoice and delivery note from us confirming receipt of your order (Confirmation Notice).   Your receipt of such email, however, does not signify Brother’s acceptance of your order, nor does it constitute confirmation of our offer to sell. While we generally will use our best effort to satisfy your order, we may choose not to accept any order or limit any order quantity due to shortage of stock, pricing or other errors, failure to verify or process payment or for any other reasons, even if you have made payment to Brother. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged.  Brother may require additional qualifying information prior to accepting or processing any order.

6.3 If we decline your order, we will notify you using the e-mail address you provided during your registration onto this Website or by phone within 2 working days after you placed the order. If payment was made and your order is cancelled, we will refund the appropriate amount of the charge to you in accordance with Clause 8.2.

6.4 If you do not receive any email or phone call from Brother informing you the cancellation of your order within 2 working days after you placed the order, your order is deemed to be accepted by Brother. 

6.5 Save where expressly permitted by the Terms, you are not permitted to cancel your Order after we send you a Confirmation Notice.  If you have made any errors such as purchasing an incorrect item in your Order or submitting the wrong delivery address, please immediatelynotify us at Contact Us.

7. Our right to vary these Terms

7.1 We may amend these Terms from time to time. If we do so, we will post the revised Terms on the Website.  Please look at the top of this page to see when these Terms were last updated and which Terms were changed. 

7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

7.3 We may revise these Terms as they apply to your order from time to time to reflect any changes in relevant laws and regulatory requirements.

8. Return and refund

8.1 All sales made through the Website are subject to Brother’s return policy. For details of the return policy, please see our Return Policy.

8.2 If a refund is to be made to you pursuant to the Terms, we will process the refund due to you as soon as possible after the collection of the Product from you.  The refund will be provided by electronic fund transfer from Alliance Bank or any other bank as specified by Brother.  Please note that:

(a) Such refund shall be free of interest, and if a discount was applied/granted to your original order, such amount refunded will be adjusted to reflect the discounted value of the purchase price.

(b) Money credited or paid into your bank account (as furnished to us) shall be deemed received by you.

9. Delivery

9.1 All orders placed on the Website are subject to product availability and will be delivered according to Brother’s shipping policies. For details of the shipping policy, please see our Shipping Policy.

9.2 We will use reasonable endeavours to deliver the Products to you within the estimated delivery date, but occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 15for our responsibilities when this happens. We shall not be liable for any delay in delivery of the Products.

9.3 Products shall be delivered to an address you furnish to us.  We do not allow any changes in address after submitting your order.  Please note that delivery address must be in either Peninsular or East Malaysia (Sabah & Sarawak) only.  Please also note that we do not deliver to P.O. Boxes. 

9.4 You may place an order for Products from outside Malaysia, but this order must be for delivery to an address in Malaysia.

9.5 Delivery of an Order shall be completed when we deliver the Products to the address of your designated location and the risk of loss of Products and title pass to you from that time.

10. Price of products and delivery charges

10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see Clause 10.5for what happens if we discover an error in the price of Product(s) you ordered.

10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

10.3 The price of a Product includes GST (where applicable) at the applicable current rate chargeable in Malaysia for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

10.4 The price of a Product does not include delivery charges or handling charges.  Such charges are as advised to you during the check-out process, before you confirm your order.

10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error through e-mail and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.

11. Payment

11.1 Prior to submitting your payment information, you shall have the opportunity to review the product prices, taxes, shipping and handling charges.  Payment for the Products and all applicable delivery charges shall be made in advance of delivery.

11.2 You may choose to make payment by either credit card or online bank transfer. For credit card, we only accept Visa or MasterCard. 

11.3 You hereby represent and warrant that you are the legitimate holder or authorized user of the credit card that you use for the payment of the Products.  If a payment is rejected or declined for any reason, we reserve the right under this Terms and Conditions to reject the relevant order either in whole or in part.

12. Our warranty for the Products

12.1 The Standard Warranty for your Products apply to all purchases made through this Website.

12.2 The Products Warranty Terms and Conditions apply to be subject to the Standard Warranty. 

12.3 The StandardWarranty is in addition to, and does not affect, your legal rights under applicable consumer law in relation to Products that are faulty or not as described.  

13. Account security

13.1 You will be required to register a user account on our Website in order to purchase the Products.  You are solely and fully responsible to maintain the strict confidentiality of your account and password, and all transactions that occur under your account.  You must notify us immediately in writing if you discover any unauthorized use of your account or password and any breach of security or misuse or suspected breach of security or misuse of your account or password. Upon receiving notice of unauthorized use, we will freeze your account and seek further investigation.

13.2 Notwithstanding Clause 13.1 above, Brother will not under any circumstances be howsoever liable or responsible for any loss or damage arising from or incidental to any misuse or unauthorized use of your account or password.

14. Our liability

14.1 We only supply the Products for your personal use or internal use by your business, and you agree not to use the Product for any resale purposes.

14.2 Subject to Clause 14.3, Brother’s total liability herein in respect of each claim or series of connected claim arising from or in connection with the Products that you purchase pursuant to these Terms shall not exceed the total price paid by you for such Products.

14.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be so excluded or limited under applicable laws.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 15.2.

15.2 An Event Outside Our Controlmeans any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us.

16. General

16.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.3 These Terms are governed by and construed in accordance with the laws of Malaysia and each party hereby submits to the non-exclusive jurisdiction of the courts of Malaysia in relation to any dispute arising under or in connection with these Terms.

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