JAYA ONE E-MALL Terms of Service
Welcome to JAYA ONE E-MALL. JAYA ONE E-MALL is an additional service on JAYA ONE E-MALL where JAYA ONE E-MALL-registered Buyers will be able to enjoy the rights and privileges described in these JAYA ONE E-MALL Terms of Services (these “JAYA ONE E-MALL Terms of Service”) when purchasing Mall Items (defined below) on JAYA ONE E-MALL from any of our participating Sellers that have been carefully selected by JAYA ONE E-MALL (such Sellers, “Mall Sellers”, and such Buyers, “Mall Buyers”). If you are a Mall Buyer, you will be deemed to have consented to the terms and conditions described in these JAYA ONE E-MALL Terms of Service when you make purchases on JAYA ONE E-MALL. Similarly, if you are a Mall Seller, you will be deemed to have consented to the terms and conditions described in these JAYA ONE E-MALL Terms of Service by your continued participation in JAYA ONE E-MALL. These JAYA ONE E-MALL Terms of Service supplement the Terms of Service and the other JAYA ONE E-MALL Policies, of which these JAYA ONE E-MALL Terms of Service forms a part – please read the Terms of Service and the other JAYA ONE E-MALL Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these JAYA ONE E-MALL Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable JAYA ONE E-MALL Policy. All terms and conditions described in these JAYA ONE E-MALL Terms of Service are subject to change at JAYA ONE E-MALL’s discretion pursuant to the Terms of Service.
1. JAYA ONE E-MALL Refunds and Return Policy
1.1 Mall Buyer may apply for a refund and/or return of an item purchased on JAYA ONE E-MALL (a “Mall Item”) by completing the return/ refund slip attached to the parcel (the “Return Air Waybill”) and returning the Mall Item to JAYA ONE E-MALL as described below at any time within fifteen (15) calendar days after the date that Mall Item was first made available for Mall Buyer to take delivery (the “Free Return Period”). Usually, that date would be the date Mall Buyer received delivery of the Mall Item; however, if Mall Buyer did not receive the Mall Item because of Mall Buyer’s absence from the destination address or Mall Buyer’s failure to input the proper destination address, that date would be the date on which delivery attempt was first made.
1.2 Please note that Mall Buyer must ship the Mall Item to a location designated by JAYA ONE E-MALL within three (3) days after the return request is raised and in any event no later than the last day of the Free Return Period. When returning the Mall Item, Mall Buyer must affix or otherwise include the Return Air Waybill. The Return Air Waybill will be contained in the Mall Item package delivered to Mall Buyer. The Return Air Waybill will also contain the return address to which the Mall Item must be returned. All Mall Items that are returned must be returned via Pos Laju or a courier designated by JAYA ONE E-MALL by no later than the last day of the Free Return Period. JAYA ONE E-MALL reserves the right to reject any application where the Return Air Waybill was completed after the Free Return Period or the Mall Item was dispatched later than seven (7) days after the return request is raised (even if the Return Air Waybill was timely completed).
1.3 The approval of your request for refund and return will be made by JAYA ONE E-MALL in its sole discretion after reviewing your completed Return Air Waybill and inspecting the condition of the Mall Item that was returned to JAYA ONE E-MALL. The Mall Item that was returned to JAYA ONE E-MALL must be, at a minimum, in the following conditions:
· New and sealed condition;
· Complete, with all items included in the purchase; and
· With original product packaging and price tags.
If any additional conditions apply to a certain Mall Item, JAYA ONE E-MALL will inform you via the Site, SMS or email. The conditions for the Mall Items subject to return are referred to as the “Return Conditions”.
1.4 In addition, please note that certain types of Mall Items may be excluded from the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service, including:
· Digital goods, such as mobile top-up cards, audio or video recording or software;
· Goods that are perishable or may otherwise deteriorate or expire rapidly, such as groceries; and
· Goods that are not suitable for return due to health protection or hygienic reasons, such as earrings, cosmetics, swimwear, undergarments; and
· Items sold by non-JAYA ONE E-MALL sellers.
If any Mall Item is excluded from the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service, JAYA ONE E-MALL will make reasonable efforts to publish that information on our Site or otherwise inform the Mall Buyers; however, please note that our policies may change without notice at any time and certain Mall Items may be subject to exclusion after Mall Buyer has purchased them. Any Mall Item that is subject to exclusion from the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service is referred to as an “Excluded Item”.
1.5 JAYA ONE E-MALL reserves the right to (a) add to or otherwise amend the list of Excluded Items and/or the Return Conditions and (b) amend, terminate or suspend the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service (including the length of the Free Return Period), in each case, at any time in its sole discretion.
1.6 JAYA ONE E-MALL may reject in its sole discretion any returned Mall Item (and the related request for refund and return):
· that is an Excluded Item;
· that does not meet the Return Conditions;
· if the Return Air Waybill relating to such returned Mall Item was completed after the expiration of the Free Return Period; or
· if the Mall Item was returned in a manner that does not comply with Section 1.2 above.
Please note that JAYA ONE E-MALL’s determination will be based on the list of terms of conditions in effect at the time of such determination (including the list of Excluded Items, the Return Conditions and the Free Return Period), and therefore pursuant to Section 1.5 above, such list of Excluded Items, the Return Conditions and/or the length of Free Return Period may be different from those in effect at the time Mall Buyer has completed the Return Air Waybill and/or returned the Mall Item.
If JAYA ONE E-MALL rejects a request for refund and return, JAYA ONE E-MALL will organize the delivery of such Mall Item to the relevant Mall Buyer’s address to which the Mall Item was originally delivered, and JAYA ONE E-MALL shall be entitled to seek compensation from such Mall Buyer for any costs incurred in delivering the Mall Item back to such Mall Buyer.
1.7 JAYA ONE E-MALL reserves the right to terminate a User’s access to JAYA ONE E-MALL if it suspects any abuse of the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service and, if JAYA ONE E-MALL deems appropriate, may also impose penalties (including recovery of any fees or charges incurred as a consequence of such abuse).
1.8 The Refunds and Return Policy for Mall Items described in these JAYA ONE E-MALL Terms of Service are in addition to the general Refunds and Return Policy described in the Refunds and Return Policy. If there is any inconsistency, the Refunds and Return Policy described in these JAYA ONE E-MALL Terms of Service will prevail in respect of Mall Items.
2. Mall Seller Terms and Conditions
2.1 If you are a Mall Seller, you should have received a separate written notification from JAYA ONE E-MALL informing you of your selection to participate in JAYA ONE E-MALL. If you decide not to participate in JAYA ONE E-MALL at any time, please inform JAYA ONE E-MALL in writing; otherwise, you will be deemed to have elected to continue your participation in JAYA ONE E-MALL and consented to the terms and conditions set out in these JAYA ONE E-MALL Terms of Service.
2.2 Each Mall Seller warrants that the Mall Item it offers on JAYA ONE E-MALL and actually delivered to Mall Buyer (a) complies with (i) applicable law and (ii) the specifications listed (and made available to Mall Buyer) on the Site, including any and all product warranties, specifications, drawings, samples, performance criteria and all applicable quality, safety and hygiene requirements, and (b) will be free from defects. Each Mall Seller understands and agrees that it will be responsible for any non-conformity or defect in, or any public or private recall of, any of the Mall Items, and will hold JAYA ONE E-MALL harmless from any losses relating to the foregoing.
2.3 If a Mall Seller is found to have offered or sold any Mall Item on JAYA ONE E-MALL that is restricted under JAYA ONE E-MALL’s Prohibited and Restricted Items Policy, JAYA ONE E-MALL reserves the right to, at its sole discretion, remove the offending Mall Items from JAYA ONE E-MALL, and execute refunds (and any adjustments) to Mall Buyers who have purchased such Mall Items (even if Mall Buyers did not comply with any of the requirements described in Section 1 above), in which case Mall Seller agrees to reimburse JAYA ONE E-MALL for all such refunds (including any related costs and charges) and authorizes JAYA ONE E-MALL to deduct such amounts from any amounts payable to Mall Seller or take such other action as deemed appropriate by JAYA ONE E-MALL in its discretion.
2.4 JAYA ONE E-MALL’s determination to approve a refund or return of a Mall Item pursuant to Section 1 above is binding on the relevant Mall Seller. Mall Sellers agree to comply and do all such things as necessary to give effect to a Mall Buyer’s request for a refund or return approved by JAYA ONE E-MALL.
2.5 JAYA ONE E-MALL will provide Return Air Waybills to Mall Sellers at no additional cost to Mall Sellers, and each Mall Seller will be responsible for providing the relevant Return Air Waybill to Mall Buyers when fulfilling the purchase order made by Mall Buyers on JAYA ONE E-MALL. If a Mall Seller has failed to provide the proper Return Air Waybill to a Mall Buyer whose request for refund or return has been approved by JAYA ONE E-MALL, JAYA ONE E-MALL reserves the right to elect any method of logistics to facilitate the return of the relevant Mall Items from such Mall Buyer. Mall Sellers understand and agree that in the case of the foregoing, JAYA ONE E-MALL has the right to recover from the relevant Mall Seller any costs incurred in returning the Mall Item(s) without a Return Air Waybill, including by deducting such amounts from any amounts payable to such Mall Seller.
2.6 For any refund or return request approved by JAYA ONE E-MALL, JAYA ONE E-MALL will organize the delivery of the relevant returned Mall Item to the address provided by the relevant Mall Seller to JAYA ONE E-MALL in writing for the completion of the refund and return process, at no additional cost to such Mall Seller so long as such address is in the country in which the relevant Mall Item was listed for sale on the Site (a “Local Address”). If Mall Seller fails to provide a Local Address for return of the returned Mall Item or otherwise fails to accept delivery of the returned Mall Item within a reasonable period of time (as determined by JAYA ONE E-MALL), JAYA ONE E-MALL reserves the right to dispose of such Mall Item in any manner it sees fit and Mall Seller shall be deemed to have forfeited all rights to such Mall Item.
2.7 For any refund or return rejected by JAYA ONE E-MALL where the relevant Mall Item was received by JAYA ONE E-MALL, JAYA ONE E-MALL will organize the delivery of such Mall Item to the relevant Mall Buyer’s address pursuant to Section 1.6 above.
3. JAYA ONE E-MALL 100% Authentic Product Policy
3.1 All products listed by Mall Sellers must be 100% authentic.
3.2 Counterfeit products are prohibited from being listed in JAYA ONE E-MALL. The term “counterfeit” encompasses a product that was made in exact imitation of an existing brand with the intention to deceive or defraud and may include, but is not limited to:
· A product that violates any local country laws in which they are sold;
· A product that is a fake or a replica of an existing official product;
· A product that has never been produced by a specific brand;
· A product that is significantly under-priced;
· A product containing a registered trademark on the product, the packaging or anywhere related to the product without the authorization of the trademark owner;
· A product that contains specific design elements (e.g. cartoon characters or colourways) protected by a trademark; without the authorization of the trademark owner;
· A product that bears such similarities with other products (e.g. a replica of a branded item with or without altered logos) without the authorization of the trademark owner;
· A product that has no visible trademark on the product image on the listing, but the delivered product includes a trademark; and
· Usage of a photo on the listing that contains the trademark of a brand.
3.3 Original equipment manufacturer (“OEM”) brands are permitted as long as no official brand logo is displayed on any OEM product image and no official brand name is stated in any part of the product information.
3.4 If requested by JAYA ONE E-MALL, the Mall Seller shall promptly provide documentation to JAYA ONE E-MALL that proves (to JAYA ONE E-MALL’s reasonable satisfaction) the authenticity of the Mall Item including, but not limited to, manufacturer sales invoices, authorized distribution agreements and/or certificates of authenticity (“Proof of Authenticity”).
3.5 If the Mall Seller fails to provide Proof of Authenticity, the Mall Seller shall:
(a) accept the return of the Mall Item from the Mall Buyer;
(b) refund to the Mall Buyer twice the amount that the Mall Buyer paid for the Mall Item or, where JAYA ONE E-MALL has already refunded this amount to the Mall Buyer, the Mall Seller shall refund such amount to JAYA ONE E-MALL;
(c) be liable to compensate JAYA ONE E-MALL for such other costs, expenses, losses and liabilities suffered or incurred by JAYA ONE E-MALL (including, but not limited to, loss of goodwill) as determined at JAYA ONE E-MALL’s sole discretion.
3.6 In the event that JAYA ONE E-MALL determines, at its sole discretion, that Mall Seller has violated Section 3, JAYA ONE E-MALL may take all appropriate measures, including but not limited to removing the counterfeit Mall Item listing from the Site, prohibiting the publication of the same or similar goods and/or restricting, suspending or terminating the Mall Seller's JAYA ONE E-MALL account and/or access to JAYA ONE E-MALL. Mall Seller's obligations and liabilities under these Terms of Service will not be affected by the restriction, suspension or termination of the Mall Seller’s account.
4. JAYA ONE E-MALL Commission Fees
4.1 JAYA ONE E-MALL charges a fee for all successful transactions completed by Mall Sellers on the Site (“JAYA ONE E-MALL Commission Fee”). The JAYA ONE E-MALL Commission Fee is borne by the Mall Seller, and is calculated as (i) three percent (3%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of electronics and Baby & Toys products, and (ii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for the sale of non-electronics and non-Baby & Toys products. The Gross Settlement Price for an item is the Buyer’s Purchase Monies for that item, plus any JAYA ONE E-MALL rebate, voucher and/or coins applied to such item by the Buyer. For the avoidance of doubt, the categorization of a product shall be at JAYA ONE E-MALL’s sole and absolute discretion. The JAYA ONE E-MALL Commission Fee is subject to SST (“JAYA ONE E-MALL Tax Amount”), and the Mall Seller is responsible for such JAYA ONE E-MALL Tax Amount.
4.2 Following the successful completion of a transaction, JAYA ONE E-MALL shall deduct the JAYA ONE E-MALL Commission Fee and the JAYA ONE E-MALL Tax Amount from the Buyer’s Purchase Monies, and remit the balance to the Mall Seller in accordance with Section 11.2 of the Terms of Service. JAYA ONE E-MALL shall issue receipts or tax invoices for the JAYA ONE E-MALL Commission Fee and JAYA ONE E-MALL Tax Amount paid by Mall Seller on request.
4.3 For the avoidance of doubt, the JAYA ONE E-MALL Commission Fee under this JAYA ONE E-MALL Terms of Service applies in addition to the Payment Fee under the Terms of Service.
