Terms and Conditions
These terms and conditions govern the conduct of the sale and purchase between the user who is desirous to purchase goods provided in this https://sasbadilearning.com website (“the Site”) and sale of goods through the Site by Sasbadi Learning Solutions Sdn. Bhd. (“Sasbadi”).
1.1 All prices of any of the products displayed on the Site (“the Products”) are shown in Ringgit Malaysia (RM). The prices stated in the Site shall be the purchase price for the Products displayed therein, unless otherwise advised. You shall be charged according to the prices stated in the Site and such other miscellaneous charges such as delivery fees, administrative charges and service charges (if any) unless otherwise expressly stated.
1.2 Sasbadi reserves the right to vary the price of any of the Products or any prices provided on the Site without any prior notice. You may verify the prices of the Products with us from time to time before you place the order.
1.3 In the event of any technical error on the prices of the Products, Sasbadi shall, upon receipt of your order, inform you through e-mail or telecommunication of the actual price of the Products as soon as possible.
1.4 Thereafter, you shall be able to either confirm your placement of order based on the actual price or cancel your placement of order within three (3) days from the date of our notification. In the event Sasbadi does not receive your response or confirmation within three (3) days from the date of our notification, Sasbadi shall cancel your order accordingly without any further notice to you. Sasbadi assumes no liability for any direct, incidental or consequential loss due to the cancellation of your placement of order. In the event you choose to cancel the order, we shall refund the payment to you in accordance with our Replace and Refund Policy provided below if you have made payments for the Products.
2. AVAILABILITY OF GOODS
3.1 The ‘confirmation’ stage sets out the final details of your placement of order. As a result, Sasbadi shall send to you an acknowledgement in the form of an e-mail pertaining to the Products you have ordered. Nonetheless this acknowledgement shall not be treated as a confirmation of your placement of order or an acceptance of your placement of order from Sasbadi. If you do not receive the aforesaid confirmation pertaining to your order, please contact our customer service at the number or email address which is provided below.
3.2 Any transaction or contract between you and Sasbadi shall be concluded where we shall discharge our obligation, once the courier service company has collected the Products from Sasbadi. Thus we shall not be held responsible or liable for any damage or loss occurred after the aforesaid collection of Products.
3.3 Upon your acceptance of the Products by executing the release form provided by the courier service company upon delivery of Products to the address provided by you, the agreement between Sasbadi and you shall be concluded and you shall be deemed to be satisfied with the conditions of the Products. There shall not be any replacement or return of Products upon your acceptance of the Products.
4. DELIVERY & SHIPPING POLICY
4.1 Sasbadi shall not be held responsible for any damage or loss of the Products during the process of shipment or delivery. The risk of loss and damage of Products shall pass to the courier service company from the date of collection of Products by the courier service company until the date of the actual delivery by the courier service company to you and thereafter the title of the Products shall pass to you.
4.2 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, the contract between you and Sasbadi shall have no effect and thus your purchase of the Products shall be cancelled. The Products shall be re-delivered back to Sasbadi and you shall bear all the relevant cost including but not limited to the Delivery Cost, the said re-delivery cost and any additional surcharge applicable. Sasbadi shall thereafter fully refund to you the full purchase price of the Products made by you minus the delivery/re-delivery / other additional surcharges after fourteen (14) banking/working days (excluding Saturdays, Sundays and Public Holidays) upon our receipt of the Products.
4.3 Sasbadi reserves the right to alter or amend the delivery times and a two- (2)-days prior notice shall be served on you. All delivery times quoted shall subject to stock availability and delivery location. Sasbadi shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
4.4 If you are not able to receive your delivery, you shall call us at least two (2) days before the agreed delivery date and Sasbadi shall arrange for another date of delivery for you. If the Products have been despatched according to the address provided by you, you shall bear all the costs for the redelivery of the Products, if you wish the Products to be redelivered to another place as directed by you.
4.5 Both Sasbadi and the courier service company agreed that the Products shall only be sent to the stated consignee, and the release form shall only be executed by the said consignee unless the said consignee and Sasbadi agree that the courier service company shall deliver the Products to a third party located in Peninsula Malaysia, Sabah, Sarawak, and Brunei only.
4.6 You shall indemnify Sasbadi for the loss of Products in the event you grant permission to the courier service company to release the Products to a third party without Sasbadi’s consent.
5. REPLACE AND REFUND POLICY
5.1 Prior to any payment made, in the event you cancel your placement of order or Sasbadi does not receive your placement of order due to, including but not limited to, any technical error or failure of the Site, there shall not be an agreement concluded between Sasbadi and you and thus Sasbadi shall not proceed with your placement of order. Sasbadi assumes no liability for any direct, incidental or consequential loss due to the cancellation or non-reception of the placement of order.
5.2 In the event you have made payment for the Products but prior to the delivery of the Products by the courier service company, Sasbadi shall fully refund the payment made by you accordingly if you have decided to cancel your placement of order. Method of refund shall be at Sasbadi’s sole discretion.
5.3 In the event you have paid for the Products and the Products have been delivered to you by the courier service company and you have executed the release form, you shall not be entitled to cancel your order and seek any refund from Sasbadi, save and except that the Products delivered to you are actually defective and/or expired (“the Defective Products”) on delivery in which you shall be entitled to an option to either request for a full refund of the purchase price you have made or replacement of the Products from Sasbadi. In the event you have opted for a full refund of the purchase price you have made, you shall fulfil the following conditions:
a. you shall notify Sasbadi in writing or by facsimile transmission within twenty-four (24) hours from the date of execution of release form provided by the courier service company and deliver or caused to be delivered the said notice in writing to Sasbadi;
b. you shall return or caused to be returned to Sasbadi the Defective Products in its original condition and quantity as it is first delivered to you;
c. you shall deliver or caused to be delivered to Sasbadi the proof in writing of your placement of order for the Products, payment and the delivery of the Products to you; and Sasbadi shall only make or effect a full refund of the purchase price you have made to you within five (5) banking/working days (excluding Saturdays, Sundays and Public Holidays) after receipt of your notice and after Sasbadi’s satisfaction of your fulfilment of the conditions herein stated.
5.4 In the event you have decided to request for replacement of the Defective Products, you shall fulfil the following conditions:
a. your fulfilment ofc onditions stated in Clause 5.3 (a) to Clause 5.3 (c) above; and
b. the address or location whereby the Products were first delivered to you, you shall only be entitled to a full refund of the purchase price made by you upon your fulfilment of the conditions stated in Clause 5.3 (a) to Clause 5.3 (b) above. Sasbadi shall only replace and deliver the Products to you within ten (10) banking/working days (excluding Saturdays, Sundays and Public Holidays), at its best effort, after Sasbadi’s satisfaction of your fulfillment of the conditions herein stated.
5.5 In the event any of the failure to deliver the Products to you is due to your fault, oversight or mistake, the contract between you and Sasbadi shall have no effect and thus your purchase of the Products shall be cancelled. The Products shall be re-delivered back to Sasbadi and you shall bear the said re-delivery cost. Sasbadi shall thereafter fully refund to you the full purchase price of the Products made by you minus the Delivery Charge and the said re-delivery cost ten (10) banking/working days (excluding Saturdays, Sundays and Public Holidays) after our receipt of the Products.
6.1 Sasbadi may revise or amend any of these Terms and Conditions or any part hereof from time to time without any further notice to you.
7. THE SITES CONTENTS
7.1 All materials displayed on the Site shall be controlled by Sasbadi and/or shall belong to Sasbadi and our rights and interests in relation thereto shall at all times be protected under the laws of copyright and such other intellectual properties. You shall not sell, transfer, modify, copy, transmit, distribute, display, reproduce, publish, license or create works from the Site or otherwise use them for any public or commercial use without our express written consent.
7.2 Sasbadi reserves the rights to amend, alter or remove any parts of the contents or materials of the Site or delete any features thereof, for any reasons at any time, without any prior notice and liability.
8.1 You shall indemnify us for and against all losses, liabilities, damages, costs and expenses suffered or incurred by us, and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with: > any claim by any third party that the use of the Site is defamatory, offensive or abusive, or of an obscene nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
➢ any claim by any third party that the use of the Site infringes any third party’s copyright or other intellectual property rights of whatsoever nature;
➢ any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site; and
➢ breach of any of the terms and conditions contained herein.
9. LIMITATION OF LIABILITY
9.1 Sasbadi assumes no liability for any representation or statement made on the description, the quality or fitness for any particular purpose and of merchantable quality of any of the Products displayed. The Products displayed on the Site may vary from the actual Products including but not limited to the size, colour, shape, usage and weight (“the Attributes”) of the Products. Sasbadi shall not be responsible or liable for any losses, damages, costs and expenses suffered or incurred by you due to any difference of the Attributes of the actual Products delivered to you from the description of the Attributes of Products provided in the Site.
9.2 Sasbadi assumes no liability for the availability of the Products listed on the Site as it depends on the availability of the Products. In the event the Products ordered by you are not available, Sasbadi shall inform you of the unavailability of the Products either through e-mail or telecommunication.
9.3 Sasbadi assumes no liability for any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Site or services including any delay in the delivery of the Products purchased through the Site.
9.4 Sasbadi assumes no liability for any utilization of the site including but not limited to any direct, incidental or consequential loss or damages of whatsoever nature.
9.5 Sasbadi assumes no liability for the availability of the Products for sale, nor does it assume liability that the price of the products shall remain unchanged.
10. EXCLUSION PROVISION
10.1 All representations, warranties, descriptions or statements of the Products made on the Site are only for reference only. Sasbadi shall not be liable for any losses, damages, costs, suits or any legal proceedings howsoever arise due to any representation, warranties, description or statements herein contained or made.
11. FORCE MAJEURE
11.1 Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by any conditions which are beyond the control of the parties hereto including, but not limited to Acts of God, Government’s orders or restrictions (including denial or cancellation of any export or other necessary license), wars, insurrections and/ or any other cause beyond the reasonable control of the parties whose performance is affected.
11.2 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions (other than for the delay in the payment of money due and payable hereunder) to the extent that the said failures or delays are caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including but without limited to, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance or obligations under this Agreement, Provided That, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the causes relied upon. Dates by which performance or obligations are scheduled to be met shall be extended for a period of time equal to the time lost due to any failure or delay so caused.
12. APPLICABLE LAW
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes shall be decided only by the courts of Malaysia.