By you as the Buyer entering this Terms and Conditions (“Terms & Conditions”) with Shinajii Sdn. Bhd. (876128-P) a company incorporated in Malaysia and having its registered address at No 59-2 Persiaran Bayan Indah, Bayan Bay, 11900 Bayan Lepas, Penang (“Shinajii”, “we”, “us” or “our”) who owns and operates its E-commerce platform known as “Kaimono” and your registration for and using the services to purchase goods, items and products (“the products”) at Kaimono and your continued participation in Kaimono, you are deemed to have consented to and be bound all the terms and conditions as described in this documents (together with the documents mentioned herein) and all the policies of Kaimono are incorporated by reference.
Shinajii hereby reserves the right to change, to modify, add or remove any of clause for this Terms and Conditions at any time. Please check these terms and conditions from time to time as the current conditions at the of use and/or purchase on Kaimono shall be binding on you. Any use of this platform after conditions have been modified shall constitute your consent to such conditions.
Shinajii also reserve the right but shall not be obliged to;
- prevent or restrict access of any an authorized user to the Platform and/or the Services;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
- to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
Usage of the service and Kaimono is strictly limited to adult of at least 18 years of age. If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to open an account on this platform.
TERMS AND CONDITIONS
When you are using this platform and/or services and place order through it, you are agreed to:
- Provide us with your accurate and correct email address, postal address and/or other contact details. You also must agree that we are using this information to contact you regarding your order if necessary;
- Make enquiries and valid order only;
- Not to make any false or fraudulent orders. If and order of this type may reasonably be considered have been placed, we shall be authorized to cancel your account and order also inform the competent authorities to handle the case;
- You unable to proceed to place your order if you are not providing us with all the information that we need.
Certain services and related features that may be made in Kaimono may require a registration subscription. Every user of the platform is solely responsible for keeping the passwords and other information safe and secure. The account owner is entirely responsible for all the activities that occur under such password or account.
If you notify unauthorized activities on your account, you must notify us at email@example.com earliest possible. Kaimono 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, on in connection with, your failure to comply with this section.
THIRD PARTY VENDOR
You MUST acknowledge that parties other than Kaimono (“Seller”) list and sell Products on Kaimono. Products listed for sale on the Platform by seller may be stated on the profile listing that Product. For the avoidance of doubt, each agreement entered for the sale of a Sellers Products to a Customer shall be an agreement entered into directly and only between the Seller and the Customer. You further acknowledge that Seller may utilize paid services offered by Kaimono to occupy certain product listing slots within your search results on the Platform.
When entering your personal data during your registration as a user of this website and you identify there is an error occurred, you can modify them in the section of “My Account”.
In any case, you also able to correct errors related to the personal data provided during the purchase process by contacting the customer service representatives via e-mail at firstname.lastname@example.org or phone call at +604 638 6278.
TRADEMARKS AND COPYRIGHTS
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 ( “Intellectual Property”) shall remain as 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.
No part or parts of the Platform may be reproduced, altered, distributed, republished, displayed, broadcast-ed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment of any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform ought to claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
FORMALISING THE CONTRACT
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 Kaimono or a Third Party Vendor, may be stated on the webpage listing such Goods.
While the Seller attempt to provide an accurate description of the Goods, neither Kaimono nor Seller warrants that such description is accurate, current or free from error. Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by Kaimono in its website shall be subject to correction without any liability on the part of Kaimono. If the Goods the Buyer receive is different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 shall be applied to this condition.
No contract will be made in respect of any items exist between us and you until your order has been accepted by us (whether funds have been deducted from your account or not).
To make a purchase order, you must agree to follow the online purchasing procedure by click on “Confirm Order” to submit the order. You will be transfer to another page to proceed with the payment. After doing so, you will receive a confirmation email for us to notify the confirming receipt of your order (the “Order Confirmation”). Your order formed the purchase one or more items from us. All orders are subject to acceptance by us and we will confirm the acceptance of your order by sending you an e-mail that confirms the item has been dispatched (the “Delivery Confirmation”). On that e-mail, tracking number also will be provided for your tracking reference.
By sending the delivery confirmation, the contract for the purchase of an item between us will only be formed. We will not be obliged to supply any other items which may have been a part of your order until the dispatch of those items has been confirmed and notify you in a separate Delivery Confirmation email.
These conditions and the Contracts established a written agreement between us.
The price of the Goods should be the price stated on the Platform at the time which the Buyer places and complete the order form on the Platform. The price includes any applicable sales and services tax or similar tax which the Buyer shall need to pay to Kaimono in addition to the price. The price of the goods stated excludes the delivery charges. If Kaimono discover an error in the price of any of the products list that you have been ordered, we will inform you as soon as possible and provided you the option of confirming your order at the correct price or cancelling the order. If we are unable to contact you to notify this issue, the order will be considered cancelled and all amounts paid will be reimbursed to you in full within 14 (fourteen) days.
Delivery charges will be added to the total price as indicated in our Checkout section. Price may change at any time, but the changes shall not affect the orders for which we have sent an Order Confirmation.
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 Shinajii (the owner of Kaimono Platform) either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledge that Shinajii is entitled to collect payments from Buyer on behalf of sellers.
The terms and conditions applicable to each type of payment, as prescribed by Kaimono on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
i. Credit Card
Kaimono accepts all Visa and MasterCard credit cards and is 3D Secured enabled (verified by Visa and MasterCard). All the credit cards application details will be encrypted. Kindly take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
ii. Debit Card
Kaimono accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
iii. Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to Kaimono account (including any applicable taxes, fees and shipping costs) through FPX service. The transaction must be payable in Ringgit Malaysia. Kaimono, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
Listed of FPX Banks follows:
- Affin Bank
- Bank Islam
- CIMB Clicks
- Hong Leong Connect
- Bank Rakyat
- Bank Muamalat
- Bank Simpanan Nasional
- United Overseas Bank
Delivery of the Goods shall be made to the address provided by the Buyer in its order. 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 Kaimono not be liable for any delay in delivery or performance caused.
If Seller has failed to deliver the order in accordance with the Contract or within a reasonable time, the Buyer reserves to receive a written notice from Kaimono, to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered order.
Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer above, Buyer shall immediately notify Kaimono of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Kaimono's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Kaimono shall be entitled at any time to demand the Buyer to deliver up the Goods to Kaimono and in the event of non-compliance Kaimono 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.
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 Seller's fault) then without prejudice to any other right or remedy available to Kaimono, We may:
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
2. terminate the Contract and claim damages.
RETURN & REFUND
All Goods sold on the Platform is covered under the Kaimono 7 Days Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by requesting through return Application. To understand further, we urge you to understand the terms of Return Policy of Kaimono. All approved return request only will be refunded. The refund will be processed within 7 (Seven) working days after seller received the returned goods.
Buyer may, by completing Return Application Request, apply to return the purchased Goods to Seller in exchange for a replacement. Kaimono will only bear the cost of the return should it fit these criteria;
a. Wrongly Delivered; Color, Sizes or Design.
b. The item has significant defect that it constitutes the look of design to be different from our Platform.
Buyer may only apply for return of the purchased Goods in the following circumstances and Kaimono will not bear the delivery cost:
a. Goods, in fashion items, which does not fit (not applicable for fashion items from overseas Sellers);
b. Buyer has a change of mind regarding the Goods.
Milk formula products are returnable except for "change of mind" request. Buyer is to ensure that product is not opened, as otherwise it will not be accepted for return.
Buyer shall ensure that the purchased Goods is returned to Seller within 7 (seven) 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 Kaimono customer service representatives within 48 hours of receiving the delivery to expedite the claim process.
If you have any questions or complaints, (i) you may either contact the Seller directly by click on Request more info or (ii) contact Kaimono customer service representatives using the “Contact Us” page on the Platform, as applicable.
In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Kaimono reserves the right to suggest and implement an appropriate resolution at its sole discretion.
Buyer may terminate the Contract before Seller dispatches the Goods, by written notice to Kaimono through our Contact Us page. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 8 of these Conditions.
Seller’s behalf, may stop any Goods in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice to the Buyer on or at any time after the occurrence of any of the following events:
a. The Goods under the Contract being unavailable for any reason; and/or
b. The Goods under the Contract has been misprice on the Platform.
Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law. Subject to this Clause of these Conditions, Kaimono warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 1 months commencing from the date on which the Goods are delivered or deemed to be delivered ("Warranty Period"). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Kaimono further gives to the Buyer such implied warranties as cannot be excluded by law.
Kaimono will warrants concerning the Goods is given subject to the following conditions:
a. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions,notwithstanding that such purpose or conditions may be known or made known to Kaimono.
b. Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.
c. Binds itself only to deliver Goods in accordance with the general description under which they were sold, whether any special or description shall have been given or shall be implied by law. Any such special or description shall be taken only as the expression of Kaimono. Kaimono will not liable for any such special or description which may have been provided by seller through the contact. Kaimono will not give any warranty as to the quality state condition or fitness of the Goods.
d. Kaimono shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Kaimono, addition and insertion of parts, in particular of spare parts which do not come from Kaimono.
e. shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Kaimono instructions (whether oral or in writing) misuse or alteration or repair of the Goods without our approval.
f. Kaimono is not liable under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.
g. Kaimono shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.