Terms & Conditions
We, CONFAST HARDWARE & FASTENERS SDN BHD, a company incorporated in MALAYSIA and hereinafter referred to as ("ebuy”, "we", “us", "our" or "Company"), would like to thank you hereinafter referred to as (“you”, “user” or “buyer”) for visiting our website ebuy.confast.com.my, mobile site, or mobile app ("Site" or “Platform”). Your terms of use of our Site and the provision of services by us through the Site shall be governed by the terms and conditions as set out herein ("User Agreement"), our privacy policy ("Privacy Policy") and all other policies on our site. Your use of our Site constitutes your full agreement to our User Agreement, our Privacy Policy and all other policies, which shall form a legally binding and enforceable contract between you and us. If you do not accept any provision in this User Agreement or our Privacy Policy, you should immediately cease all usage of our Site and notify us to discontinue any updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in this User Agreement, Privacy Policy and all
1 Services (“Services”)
a. ebuy is an eCommmerce website where customers can directly purchase different kind of items and goods displayed on our website.
ebuy would be responsible for the quantity, integrity and weight of the items offered for sale on our Site. However, due to the difference in legal system between the commodity exporters and commodity importers, we are not liable to or responsible for any loss resulted from the aforementioned reason. Should there be any issues with your purchase, you can contact our Customer Service team.
2 Formation of the Contract
You must be at least eighteen (18) years old and able to enter into a legally binding contract with us in order to use our Site. To use the Services we provide via our Site, you are required to follow the steps on the Site. Your request to engage us to provide the Services is subject to our acceptance and we reserve the right to discontinue at any time the provision of our services before our acceptance and such discontinuance shall be without any liability to us save for refunds of the payment made by you in relation to the item you ordered but not delivered to you in accordance with our refunds policy set out below.
We shall only be deemed to have accepted your request when you receive a written confirmation from us. You agree to bear any additional fees based on your additional requests after we have commenced any of the Services including but not limited to your cancellation of order or customisation requests after our acceptance.
3 Update of User Agreement
We reserve the right to amend the terms of this User Agreement at any time. All amendments will be posted online. Continued use of the Site will be deemed to constitute acceptance of the terms in this User Agreement as updated or amended from time to time. You are responsible for reviewing the latest terms each time you use our Services.
4 Member Account
To use our Services, you must register with us by creating an account ("Account") on the Site. You agree to provide honest, complete and updated information about yourself, including but not limited to your registration, payment and parcel collection details. If we have reasonable grounds to suspect that the information and/ or data you have provided is misleading, inaccurate or fraudulent, we reserve the right to suspend and/ or terminate your use of our Services and/or Site. You shall be solely responsible for maintaining the confidentiality of the information and activities of your account. The sharing of your Account with other persons may cause irreparable harm to us and we shall be indemnified against any loss or damages, including but not limited to loss of profits suffered as a result of the mishandling/ misuse of an Account. You shall not create multiple user accounts with the intent to, including but not limited to, abusing our staff or misusing our Services and/or Site. The Company shall not be liable for any loss or damages arising from your failure to comply with this paragraph.
5 Personal Data (Incorporation of Privacy Policy)
You agree that we may collect, hold, use and transfer your personal data in accordance with the Privacy Policy.
6 Content of Services
a. In spite of the transaction occurring on the site, we are not responsible for the accuracy of descriptions, functionality, merchantability and quality of the items you bought from other website(s). You agree that by using the Services, you fully understand the content of the Services in our Quick Guide. The Company will not be liable in any way for any additional requests out of the content of the Services listed. You also agree that you will bear the responsibility for any exporting or importing tax, duty, license, permit, additional processing cost or documents requested by exporting or importing country’s government agency, or any other loss or consequence caused by your items.
b. We reserve the right to archive or remove cancelled/completed orders that are more than 2 years old from the date of order submission, for the purpose of maintaining the stability of our platform.
7 Displayed Items on our Site
All information and content related to items on our Site, including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information obtained from third party sources and the items or the related information are not owned, manufactured, sold or endorsed by our Company. Considering the technical limitations, we do not warrant that the said information is accurate, complete, reliable, current, or error-free.
It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on our Site.
a. Product Payment
If there is a difference in the price due to any reason, we will inform you as soon as possible and we will give you the option to top-up the order’s price difference and reconfirm the order at the correct price, or to cancel the order. However, this is subject to a few factors including without limitation the availability of the item you wish to purchase, the timing of your response and the confirmation of ebuy.
We cannot guarantee the accuracy of product information displayed on our website, including but not limited to price and stock availability. In circumstances where the order cannot be fulfilled by ebuy, it may be cancelled and refunded.
b. Availability
Items on our site that indicate a certain level of stock do not necessarily guarantee their availability.
c. Translation
Some information or content related to the items on our Site is translated to English for a rough reference only. Please contact our Customer Service team should you need more information about the product and any associated risks before purchasing. Should there be any queries, you may check with our Customer Service team.
d. Shipping Restrictions
We reserve the right to change or disallow certain international shipping methods for items that are prohibited due to certain conditions, including, but is not limited to their length, volume, weight, or if the product bears the logo of international brands. We shall not be held liable or responsible if the items you purchased cannot be delivered to you due to the operation of law or regulations or other factors beyond our reasonable control. Our services are only available with regards to lawful goods; you must comply with all customs laws and regulations and other applicable laws. You will be responsible if anything is imported into Singapore in contravention of such laws. Please refer to our Quick Guide for details on our shipping.
e. Issues with Product Usage
We are not liable for problems arising from product usage, including but are not limited to damage, injury, safety issues.
8 Purchase and Payment
We support the following payment methods:
a. Credit/Debit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
b. Bank Transfer
You may make payments through an Automated Teller Machine or internet bank transfer to our designated bank account. You must provide us with the transfer details, and receipt or payment transaction reference for verification purposes through the ‘Top-up Request’ function found in our Site as payment confirmation.
c. Offline Payment
You may make cash payment directly at XXXXXXXXX.
9 Inactive Account
If you have stopped logging in your Account for a consecutive period of two years from your latest log-in date, upon prior written notification of the status of your account to be categorized as Inactive Account
10 Promotions
a. Our Promotions
We may run promotions, subject to additional terms and conditions, which can be found on the Site and are hereby incorporated by reference into this User Agreement. The terms and conditions of the individual promotion have to be met before we can process your orders. We shall have the absolute discretion to vary the terms and conditions applicable to each promotion we offer.
b. Specific Products promotions
ebuy may run Specific Product Promotions from time to time, including but not limited to limited-time sales, member-only discounts and promotion codes. We are under no obligation to place your order within a stipulated time, and we shall not be held liable should the order not be placed within the promotion period. If the order is not placed within the promotional period, users would be notified of the price difference, and they will be given the option to top-up the price difference to proceed with the order at its non-promotion price, or to cancel their order.
11 After-Sales
In the event of any after-sales issues, please send us an enquiry via your Account, or email us at service@ebuy.confast.com.my, we will reply to your enquiry within 3 - 5 working days. If you are not completely satisfied with your purchase, you may file a claim within 3 days from the collection date of your purchase. We reserve the right to not accept any claims brought forward after more than 3 days of collection. Please refer to our Refund Policy for more details.
12. Return Process
If the item you received is wrong, damaged or defective, please contact our Customer Service Team and provide your Parcel number, user ID, photos and details of the Product and the reason for return, and whether you require a refund or a replacement.
13 Storage Charges and Disposal
Storage charges may apply and in certain circumstances, we may dispose your items. Please refer to our storage policy available on our Site for more information.
14 Membership and Benefits
We reserve the rights to change, amend, modify, suspend, continue or terminate all or any part of, current or new, membership & benefits in an individual case or in general, at any time with or without notice. Please refer to our Quick Guide for full details of our membership & benefits.
15 Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Services and/or Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16 Limitation of Liability
a. Nothing in this User Agreement is intended to exclude or limit our liability to you for any loss or damage arising from negligence on the part of us or breach of any express terms contained herein if you are dealing as a Consumer. Save as except the foregoing, this clause shall apply to all other users.
b. We do not guarantee, represent or warrant that your use of our Services and/or Site will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Services and/or Site is at your sole risk. The Services and all items delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Without prejudice to the generality of the foregoing, we do not warrant:
i. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform or the Services;
ii. that the Platform or the Services will be provided uninterrupted, secure or free from errors or inaccuracies, or that any identified errors will be corrected;
iii. that the Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent or program; and
iv. the security of any information transmitted by other users or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet. You agree that from time to time we may remove the Services and/or Site for indefinite periods of time or cancel the Services and/or Site at any time, without providing prior notice to you.
c. In no case shall we, our directors, managers, employees or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from this User Agreement, your use of any of the Services, Site or any items procured using the Services and/or Site, or for any other claim related in any way to your use of the Services, Site and/or any items, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services and/or Site or any content (or product) posted, transmitted, or otherwise made available via the Services and/or Site, even if advised of their possibility.
d. In the event that any of the exclusions referred to in this clause are not permissible in law, our maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract shall not exceed, the lower of, the total price paid by the user to us for the Services (excluding the price of the items purchased by the relevant buyer).
17 Intellectual Property
We are the sole owner or lawful licensee of all the rights to the Services and Site. The Services and Site embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Services and the Site shall remain with us or its affiliates/ licensors. All rights not otherwise claimed under this User Agreement or by us are hereby reserved.
We and our related icons and logos are registered trademarks or service marks and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
ebuy guarantees that we have the legal right to reproduce the information and content of the offered items and goods, including pictures and descriptions related to the items on our Site. The reproduction of any trademark or trade name of any goods is solely for the purpose of indicating to potential buyers the source/ originator of the goods and is not intended to indicate that we are the owners of the trademark or name, nor other IP rights bore on the goods. We are not responsible for any infringement of any intellectual property rights in any reproduction thereof.
18 Termination of Use and Services
a. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
b. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or close your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension-
Without prejudice to any other rights that we and you may have under this User Agreement or at law, we or you may immediately terminate User Agreement if:
(a) the other party is in breach of any clause contained herein and such breach is not remedied within thirty (30) days of the other party's written notice; or
(b) the other party shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration or if a receiving order is made against such Party or such Party makes any arrangement or composition with its creditors.
Notwithstanding any of the foregoing, in the event that you are found to be in breach of your obligations under this User Agreement, we may terminate or suspend your use of our Site without notice to protect our Site and other users of the Site.
19 Indemnity
You will indemnify and hold us (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services and/or Site or your breach of any law or the rights of a third party.
20 Severability
If any clause in this User Agreement shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as this User Agreement shall be capable of continuing in effect without the unenforceable term.
21 Waiver
No failure or delay by us in exercising any right under this User Agreement shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under this User Agreement.
22 Force Majeure
We shall not be liable to you or be deemed to be in breach of this User Agreement by reason of any delay in performing, or any failure to perform, any of the obligations in relation to the items, Services and/or Site if the delay or failure was due to any cause beyond our reasonable control, including but not limited to:
a. fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
b. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c. acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d. import or export regulations or embargoes;
e. strikes, lock outs or other industrial actions or trade disputes;
f. difficulties in obtaining raw materials, labour, fuel, parts or machinery faced by us or suppliers; or
g. telecommunication, transportation, power supply, or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
23 Entire Agreement
All access and use of the Site and Services are governed by this User Agreement to the exclusion of all previous written or oral agreements between the parties and this User Agreement constitutes the entire agreement between the parties