Terms and Conditions
Contract of Sale By Description (Bai’ Bil-Wasfi)
Kindly read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods listed on www.eazymart.com (“Website”). By visiting our Website or by ordering any Goods from this Website, you have accepted with these Terms and Conditions and agreed to be bound by them.
We shall reserve our right to modify or update our Terms and Conditions at any time without prior notice.
KLEZCAR TRAVEL & TOURS SDN BHD (1079828-T) is a private limited company incorporated and existing under the laws of Malaysia, with its business address at 415 & 416, Level 4, Blok A, Kelana Business Centre, 47301 Petaling Jaya, Selangor ("the Company"), the owner and the operator of www.eazymart.com ("EazyMart").
The Company is operating and managing an online marketplace (Eazymart) that provides the selected groceries and provide delivery agents to purchase your pre-described Goods shown in the marketplace and deliver to your place.
THE PARTIES HEREBY AGREE AS FOLLOWS:
2.1 “Charge of Delivery” refers to the delivery charges based on standard rate that will be charged upon placing an Order with EazyMart;
2.2 “Checkout” refers to completion of the cart checkout process on our Website that results in an Order confirmation;
2.3 “Contract” refers to this Terms and Conditions, any order form, and the payment instructions provided in the contract of sale;
2.4 “Customer” refers to any person, firm, company or body who place an Order on the Website;
2.5 “Delivery” refers to goods and any form of delivery service, which are provided by the Company;
2.6 “Goods” refers to the consumer products which are on retail sale by the EazyMart, including but not limited to groceries and daily needs for consumer use and / or consumption. Notwithstanding the above, Eazymart shall have absolute discretion not to include any such identified Goods on the Platform at its sole and absolute discretion;
2.7 “HERO” refers to any EazyMart’s Delivery Agent engaged by the Company to provide delivery service;
2.8 “Order” refers to confirmed shopping cart submitted by you upon checkout from the Website;
2.9 “Platform” refers to an online marketplace known as www.eazymart.com for the Customer to purchase selected groceries items;
2.10 “Premise” or “Premises” refers to the outlet or store where the Participating Retailer keeps and sells the consumer products to the public;
2.11 “Service” or “Services” refers to services which we may supply and you may request from our Website including such services provided by third party service providers such as payment gateway services;
2.12 “Total Bill” refers to the total price for Delivery charge and Goods ordered, including any other charges or taxes including but not limited to Sale and Services Tax (“SST”), government duties and other levies imposed at any time by the government that shall be charged to you upon completion of your Delivery (if applicable);
2.13 “We”, “Us”, “Our”, “EazyMart”, “the Company”, all reference to the Company;
2.14 “You”, “Your”, “Yours” refer to you, the individual or representative of corporate body accessing this Website to order Goods from the Website to order from EazyMart.
3. Basis of the Contract
3.1 The Platform provides a place and opportunity for the sale of Goods between the Customer and EazyMart (collectively “Parties”).
3.2 Where the Customer has placed an order on the Platform for the purchase of Goods sold by EazyMart and EazyMart has accepted the same, this shall constitute a contract of sale (by description) directly between the Customer and EazyMart. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and delivery.
3.3 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 EazyMart through the chat system are not binding and for information purposes only. In entering into the Contract, the Customer acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.
3.4 While the Seller endeavours to provide an accurate description of the Goods, neither EazyMart nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Customer receives is fundamentally different from the Goods as described on the Platform and which the Customer has ordered, Clause 7 of these Conditions shall apply.
3.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by EazyMart in its website shall be subject to correction without any liability on the part of EazyMart.
4. Order and Formation of Contract
4.1 A contract will be made between Eazymart and you after the payment has successfully made.
4.2 The availability of items as presented in our Website depends on the stock and we shall not guarantee that all the items you ordered will be available.
4.3 We reserve a right to change the pre-described Goods (subject to your consent via any form of communication) and set limits for quantity of items that you may order (this can refer to (i) the total amount of items in your order; and/or (ii) quantity available for purchase for each individual item published in our Website). If the quantities of your Order exceed either of these limits, we reserve the right to amend or cancel your Order. We will endeavour to inform you in advance in the event we are unable to deliver your Order due any reason.
4.4 We will deliver strictly based on the item’s quantities indicated in your checked-out cart. Any variation of the quantities mentioned via any other form of communication (including but not limited to message to HERO or live chat) will be disregarded.
4.5 Packaging charges will be added to your Total Bill. The cost of packaging depends on the choice of biodegradable plastic or reusable bag selected during the Checkout process. If you do not select a packaging option, a default packaging option (which varies from store to store) and its costs will be applied to your order.
5. Prices, Bills and Payment
5.1 All prices set on the Website is final prices based on the best price offers by EazyMart on that material time. We reserve the right to change these prices at any time if we think fit to do so. The change of the price does not reflect any orders that have been placed. Prices are inclusive of the taxes imposed by the Malaysian government (if applicable), delivery charges and our Service Fees and/or minimum profit. We also reserve the right to alter the Goods available for sale on the marketplace.
5.2 The Total Bill for Goods ordered including delivery charges (and other taxes), will be displayed on the Website when you complete your Order at your check out cart. We shall not supply the Goods to you until we have accepted your Order. Acceptance of your Order by EazyMart shall take place when you received our confirmation that the transaction is successful and/or completed.
(C) Price Difference
5.3 In the event that a Goods has been mispriced on the Platform, EazyMart shall proceed with the Contract whereby the differential amount shall be borne by EazyMart.
5.4 Your Total Bill may be varied from the guide price initially displayed on the Website when you placed your Order. This difference can be due to one or more of the following reasons:
i. Weighed products
We cannot guarantee that you will get the exact weight as displayed on the Website when you ordered for your items. It may vary around 10 to 15% from the original order.
When the original item you ordered is unavailable at the Premises, we may replace and offer with the same or lower price. At your discretion, you may accept the offer via chat in the system with our HERO.
iii. Technical errors
Should pricing discrepancies due to technical errors occur, we reserve the right to amend your Order and/or your Total Bill. We will endeavour to communicate with you regarding such price changes before the completion of your Order.
(D) Mode of Payment
5.5 The terms and conditions applicable to each type of payment, as prescribed by EazyMart on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:
5.5.1 Credit Card
Credit card payment option is available for all Customers. EazyMart accepts all Visa and Master Cards credit cards. All credit card information of Customers is protected by industry leading encryption standards.
5.5.2 Debit Cards
EazyMart accepts all Malaysian Visa and Master Card debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.
5.5.3 Online Banking
By choosing this payment method, the Customer shall transfer the amount of the total purchase price for the Goods purchased by Customer to an EazyMart’s bank account (including any applicable taxes, fees etc). The transaction must be payable in Ringgit Malaysia. EazyMart, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
5.6 Full payment must be made for all Goods dispatched. Payment can be made by online payment via credit or debit card.
5.7 Subject to the terms and conditions, all refunds shall be made via by EazyMart Payment Account. The processing of refund may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by EazyMart. All refunds are conditional upon EazyMart’s acceptance of a valid return of the Goods. EazyMart reserve the right to modify the mechanism of processing refunds at any time without notice.
6.1 Delivery of the Goods shall be made to the address specified by the Customer in its order.
6.2 Any Order placed after 3.00 pm may cause the delivery on the following day. The time for delivery/performance shall not be of the essence, and EazyMart shall not be liable for any delay in delivery or performance howsoever caused.
6.3 Our delivery charge is RM15.00 per delivery which cover 3 kilometres radius. Furthermore, an additional charge of RM1.00 will be imposed for every kilometre but may not exceed the maximum distances of 7 kilometres to your Delivery Address. For avoidance of doubt, the maximum delivery charge may not exceed RM19.00.
6.4 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be sent only to the address provided by you in the ‘Delivery Address’ section before completion of your payment in the checkout cart. Addresses added in live chat will be considered as invalid and will not be eligible for any deliveries. Customers are not allowed to change delivery address after the Order is confirmed unless permitted by our HERO. Please note that delivery address inaccuracies and/or discrepancies may result in order cancellation. EazyMart delivery service is available in selected areas which may not exceed 7 kilometres radius. We shall reserve our rights to inform you earlier and to cancel your Order if we are unable to deliver to your location.
6.5 The delivery periods selectable are 1-hour or 2-hour timeframes. There is a limited slots available in each delivery period. We shall not guarantee that you will be able to choose the delivery period you desire.
6.6 EazyMart may employ HERO to ensure delivery of Goods and Services in the timeframe selected in the Website. We will take great care to ensure that delivery is done in the timeframe selected in the Website or App. Delivery may not be available during rain or severe weather condition. Neither EazyMart and/or HERO shall be held liable for any losses, liabilities, costs, damages charges or expenses arising out of any delay, postponed or cancelled delivery. If the Goods are not delivered within the selected timeframe (except weather condition), or for any other inquiry regarding delivery, please contact our customer service department, as indicated by the Website.
Risk of Goods
6.7 All risk in the Goods shall pass to you upon acceptance of delivery of the Goods.
6.8 Our HERO will only wait for ten (10) minutes once they arrive at your selected delivery address. If you are unable to collect your Goods and/or refuse/delay/fail to respond to our communications regarding Goods collection within this time-frame, we always reserve the rights to deliver your Order only to the main entrance of your delivery address (such as the lobby of your apartment or condominium) and/or in front of your house for landed premises.
6.9 Upon delivery of the Goods pursuant to clause 6.8, then such Goods shall be deemed delivered to you and all risk and responsibility in relation to such Goods shall pass to you.
6.10 We or our rider shall not be held liable for any loss, damage, cost or expense incurred to such Goods.
6.11 Subject to special scenario, you may request HERO to deliver your Goods to the particular floor of your delivery address or into your kitchen or living space at your own risk.
7. Cancellation and Replacement Policy
7.1 We may cancel your Order if your product(s) is not available for any reason. Our HERO may call you to replace with other brands subject to your agreement. You are entitled for 100% refundable as you have paid during checkout cart.
7.2 Once the payment is made, you cannot cancel the Order.
7.3 Customer may only apply for replacement of the purchased Goods in the following circumstances:
7.3.1 the Goods delivered to Customer is defective and/or damaged on delivery;
7.3.2 the Goods delivered to Customer is materially different from the description provided by Seller in the listing of the Goods; and
7.3.3 the Goods delivered to Customer does not match the agreed specification (e.g. wrong specification, size, colour, etc.) stipulated in the order.
7.4 Notwithstanding Clause 7.3 above, replacement or cancellations of any perishable goods are not allowed. To ensure that Customer is satisfied with the product Customer received, Customer should inspect the Goods as soon as the order arrives.
7.5 For avoidance any doubt, the specific time for you to reject as follows:
a) Perishable Goods and Semi Perishable Goods (example fish, vegetables, dairy products, fruits, bread, onion, potato, pies, cake etc.)is at the time of delivery; and
b) Non-Perishable Goods (example canned products, dry goods, toilet paper, detergent, household products etc) is within twenty- four (24) hours from the delivery time of the Goods.
7.6 We reserve the rights to request from you proof of damaged, or missing Goods (photograph). All proof must also be provided to us within twenty-four (24) hours from the time of Delivery for refunds to be considered. No refunds will be made except the replacement of the same Goods will only be processed upon our review and successful verification of proof and/or collection of the item(s) from you by our HERO.
Our HERO shall follow all the Standard Operating Procedure (SOP) of the delivery during the Movement Control Order and subsequence orders. In the event that our HERO is fail to do so, we take our customers’ complaints very seriously and aim at responding to your complaints as soon as possible. All complaints should be addressed to [email address].
9.1 By accepting these Terms and Conditions, you agree to relieve us from any liability whatsoever arising from your use of information.
9.2 We disclaim any and all liability to you for the supply of the Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods.
(B) No Warranties
9.3 EazyMart excludes all implied warranties, terms and conditions to the extent that is legally permitted. We shall not be liable for any loss of money, goodwill, reputation, indirect or consequential loss arising out of your use of our Website.
9.4 All Goods description, services and material posted on the Website or from a linked site is provided to you “as is” without warranty or conditions of any kind, express or implied or otherwise howsoever arising. EazyMart assumes no responsibility for any error, inaccuracies or omissions whatsoever in the information on the Website and under no circumstances will the Company be liable for any loss or damage by your reliance on the information obtained through the Website. It shall be your own responsibility to evaluate the accuracy, completeness and usefulness of any information and the use of the Website is solely at your own risk.
9.5 Goods image as seen on the Website may slightly differ from the actual Goods that you receive. EazyMart shall not be liable to you for any loss, damage, injury or expense, howsoever arising, out of or in connection with the use of the Products.
9.6 You shall indemnify EazyMart, its directors, officers, employees, agents and affiliates, delivery agent, from any and all third party claims, liability, damages and/or cost (including but not limited to legal fees) arising from your use of this Website or breach of this Terms and Conditions and/or Agreement.
9.7 Neither EazyMart nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond EazyMart's reasonable control.
9.8 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to EazyMart, to its registered office or principal place of business and if to the Customer, to the address stipulated in the relevant order.
9.9 No waiver by EazyMart of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, EazyMart’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.
9.10 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
9.11 EazyMart shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.
9.12 EazyMart may, through the Platform or by such other method of notification as EazyMart may designate, vary the terms and conditions of these Contract of Sale, such variation to take effect on the date EazyMart specifies through the above means. If Customer uses the Platform after such date, Customer is deemed to have accepted such variation. If Customer do not accept the variation, Customer must stop access or using the Platform and terminate these Contract of Sale.
9.13 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on EazyMart’s part shall be subject to correction without any liability on EazyMart.
(D) Entire Contract
9.14 The Terms and Conditions, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Contract. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
9.15 If any term or condition of our Contract shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Contract shall continue in force without such term or condition.
(F) Force Majeure
9.16 We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission, which is beyond our control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, fire, thunderstorm, lightning flood, earthquake, typhoon, strike, or other natural disaster, impossibility of the use of railways, motor transport or public or private transport, impossibility of the use of public or private telecommunications network, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (collectively “Event of Force Majeure”).
(G) Governing Law
9.17 These Terms and Conditions in this contract of sale shall be governed by and construed in accordance with the laws of Malaysia.
9.18 No delay or failure on our part to enforce our rights or remedies under the Contract shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.19 All dealings, correspondence and contacts between us shall be made or conducted in the English or Malay language. If the event a conflict between the English version and Malay version of the contents appear on the Website, the English version shall prevail.